HomeMy WebLinkAboutChicago Bike and Roll - 2024 Beach Chair Bike Rentals Clark St. Beach Memorandum
To: Honorable Mayor and Members of the City Council
CC: Members of Administration and Public Works Committee
From: Tim Carter, Recreation Manager
CC: Audrey Thompson, Director of Parks and Recreation
Subject: Beach Chair and Bike Rentals this Summer at Clark St. Beach
Date: April 29, 2024
Recommended Action:
Staff is seeking direction on three different proposals to provide e-bike and beach chairs and
umbrellas rentals with a vendor, Chicago Bike and Roll, this summer at Clark St. Beach.
Council Action:
For Action
Summary:
Bike and Roll Chicago is a recreational rental company serving the Chicago area since 1993.
Their experience includes bicycle rentals and tours, Segway tours, automated bike rentals,
and beach & umbrella rentals at the following destinations, parks, and beaches:
● Navy Pier and Millennium Park
● Chicago Park District - Oak Street, North Ave., Ohio St., 57th Street, and Foster Beaches
● Cook County Forest Preserve District
Staff presented this service to the Parks and Recreation Board on Thursday, March 21.
Initially, the pilot program was approved by a vote of 4-3. However, later in the meeting, one
board member asked for a "re-vote" and changed their position from the affirmative to the
negative. and discussion After recommendation. negative 3-4 a in resulted This vote
suggestions with the vendor and the Parks and Recreation Board, staff have scaled back the
proposal to only using Clark Street Beach. Clark Street Beach is the largest beach in the city,
making it the preferred location for piloting this program during the upcoming summer
season. Initially, the original plan encompassed Lee St. Beach.
E-Bike Rentals
1. Offer self-service recreational e-bike rentals at Clark Street Beach
a. All bikes will remain on the concrete pad in front of the beach entrance. This
would not impede any park users. (see photo below)
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b. No existing bicycle racks will be removed
c. E-bikes must be returned after each use. If an e-bike is abandoned, Chicago
Bike and Roll staff will pick it up.
Beach Umbrella and Chair Rental Service Options
Option #1 - Provide one large specific rental section - 5 rows of 15 chairs each.
1. Beach umbrellas and chairs would be sectioned off in a certain area. No physical
barrier would exist. Chairs and umbrellas would be placed in an" imaginary box" as
approved by the City, approximately 42' by 40'.
a. The pop-up station would be located at the end of the mobi-mat on the sand. A
pop-up station (pictured below) is an "L" shaped table with an umbrella and
storage cabinet.
b. All chairs and umbrellas would remain behind the lifeguard stand so they don't
obstruct the lifeguards' view and will continue to provide plenty of play space for
beachgoers getting in and out of the water.
c. Chicago Bike and Roll staff feel that they can better maintain the designated
area if there is one specific location for the beach chairs and umbrellas. In other
words, the beach chairs and umbrellas wouldn't move, and staff could more
easily put away the equipment.
d. All chairs would be stacked and locked daily.
Option #2 - Provide 2 small specific rental sections with 2-3 rows of chairs in each
section.
1. Beach umbrellas and chairs would be sectioned off in a certain area on the north and
south sides of the beach. No physical barrier would exist. Chairs and umbrellas would
be placed in an" imaginary box" as approved by the City, approximately 22' by 20'.
a. The pop-up station would be located at the end of the mobi-mat on the sand. A
pop-up station (pictured below) is a "shaped table with an umbrella and storage
cabinet.
b. All chairs and umbrellas would remain behind the lifeguard stand so they
would not obstruct the lifeguards' view and would continue to provide plenty of
play space for beachgoers getting in and out of the water.
c. All chairs would be stacked and locked daily
Option #3 (Staff Recommendation) - Allow users to take their chairs and umbrellas
anywhere on the sand. A small display will be set up to attract users to rent.
1. A small display of beach umbrellas and chairs would be set up. The display will be
located on the sand at the end of the mobi-mat, next to the pop-up stand. (picture below)
a. The display would include six chairs and three umbrellas in an area of 30' x
6.5'. The pop-up station would be located at the end of the mobi-mat on the
sand
c. All chairs and umbrellas would remain behind the lifeguard stand so they don't
obstruct the lifeguards" view. They will continue to provide plenty of play space
for beachgoers getting in and out of the water.
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d. Staff would set up an imaginary line perimeter (with cones) so that the chairs
and umbrellas don't go beyond the volleyball courts to the north and near the
break wall to the south.
e. This would give community members the flexibility to sit where they want
rather than in one specific location.
f. All chairs would be stacked and locked daily.
List of Rental Equipment
● 1x POP ( 6" x 16." + 4" x 17." L shape) stand and table with a small storage cabinet
(59.0" """" 28.7" x 27.1"
● Up to 75 lounge chairs and 75 umbrellas
● Up to 25 small beach folding chairs
● 15 e-bikes, extending the current bike racks by 30ft.
● Photos below
E-Bike Rental Comparison
Duration Chicago
Bike and Roll
Divvy
Single Ride
Divvy Day
Pass Members*
Divvy
Annual Member*
1hr $15 $27.40 $26.40 $10.80
2hr $30 $53.80 $52.80 $21.60
4hr $45 $106.60 $105.60 $43.20
8hr $75 $212.20 $211.20 $86.40
Note: This is an e-bike rental comparison, not classic bikes or scooters.
*Must purchase a membership first (Day Pass $18.10 or Annual $143.90)
Beach Chair and Umbrella Rentals Fees
Rental Items Duration Fee
Folding Beach Chair All Day $10
Lounge Chair All Day $20
Umbrella All Day $25
Combo: Chair and Umbrella All Day $40
Sunset Special: 2 Chairs and an Umbrella 3 pm to 6 pm $25
Unlimited Summer Pass (Chair and Umbrella) All Summer $299
Discounted Beach Rental Rates
● Senior 65+ and Military Discounts: 15% OFF
● Qualified City Benefits Participants: 50% OFF
○ Via the Access Evanston Program
Project Approach
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● All beach chairs will be stacked and locked daily
● The City has identified a location to store the equipment on the beach that is not
obstructive to views
● A staff member from Chicago Bike and Roll will be on-site during operating hours
● Chicago Bike and Roll will manage all transactions
● The operator will be responsible for purchasing and maintaining all equipment
○ No cost to the City
Proposed Hours of Operation
● Memorial Day to Labor Day
● Friday, Saturday, and Sunday from 9am to 6pm
● Monday - Thursday: 10am to 6pm
○ Optional, based on demand
○ All days/hours of operation are subject to weather
○ Normally will be closed when raining or on cold weather days as these
conditions are not attractive for beach visitors
Pilot Term
● The pilot term will be for Summer 2024.
● At the end of the term, the City of Evanston and the vendor can extend the service for
two additional summer seasons.
● The option for two additional seasons is necessary due to the investment in the
equipment.
● Rent will be negotiated between the City and the contractor. However, the intent is to
provide an amenity and new service to beachgoers, not necessarily to make money.
Local Business Outreach
Staff reached out to four Evanston-based businesses that provide bike repairs or sell bikes at
their stores. Unfortunately, two businesses responded that they could not provide beach bike
rental services, and the two other businesses were unresponsive to our requests.
Attachment:
Diagrams and FAQs
Legislative History:
This item was approved 3-1 at the April 8, 2024, Administrative & Public Works Committee
meeting.
Attachments:
Diagrams Maps and FAQs
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Diagram and Maps
Aerial View of where the pop-up stand will be located
Aerial View of Option #1 and Option #2 approximate locations
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Option #3 Chair Display Location
Option #3 Chair Display Example
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Pop-Up Rental Stand
Chairs stacked and folded daily
Bike Rental Station
View of Clark Street Beach Bike Racks. Red line indicates the proposed location of the bike
racks. This will extend the current bike racks by 30ft.
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Photo of bike rack and e-bike that will be used at Clark St. Beach
FAQ’s
Q. Can the City of Evanston purchase our own chairs, umbrellas, and e-bikes?
A. At this time, staff doesn’t recommend purchasing any rental equipment, primarily for the
following reasons:
a. The City lacks adequate storage space to store all these items over
winter.
b. Staffing would be a challenge. The City already needs to hire about 170
lifeguards, gate attendants, beach office staff, and sailing instructors just
to operate the beaches as is. This number doesn't include the new
lakefront concession staff.
c. Commercial rental equipment is costly. The average commercial grade
lounge chair is roughly $350 per unit. Umbrellas are $250 each.
If the City was to purchase the recommended amount of 75 lounge chairs
and 75 umbrellas that cost would be $45,000 plus shipping. This price
does not include other equipment such as the pop-up stand.
Q. How fast do e-bikes go?
A. They will be capped at a maximum speed of 15 mph. This is the speed limit of all bike
trails within the Cook County Forest Preserve District. The Chicago Park District doesn’t
have a speed limit on their lakefront trails.
B. Note: Divvy e-bikes can go up to a speed of 20 mph in Evanston.
Q. What are the dimensions of the lounge chairs and upright chairs?
A. The umbrellas are 7.5’ when open
B. The lounge chairs are 29”W 78”L 14” H
C. The folding chairs are 43”H 25”W 27”D
Q. How can the City expand this program to low income community members?
A. The vendor has agreed to provide 50% off the rental to community members who are on
the Access Evanston program. Patrons would be given a discount code to use at the
time of the transaction.
Q. Where is the equipment stored in the off-season?
A. The vendor has a winter storage facility located in Niles.
Q. What happens if Chicago Bike and Roll is not meeting City or community members
expectations?
A. Both parties have agreed to part ways at any point if this business relationship no longer
viable
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CITY OF EVANSTON - PARKS AND RECREATION DEPARTMENT
CONCESSION/VENDOR AGREEMENT
This Concession Agreement ("Agreement") is made this 1st day of May, 2024, between the City of
Evanston, a municipal corporation organized under the laws of the State of Illinois with its
principal place of business at 2100 Ridge Avenue Evanston, IL 60201 ("the City of Evanston"), and
Bike Chicago Inc. dba Bike & Roll dba Beach Chairs Concierge, a Corporation qualified to do
business in the State of Illinois (the "Concessionaire"), with its principal place of business at 34 S.
Michigan Ave Chicago, IL 60603, telephone number: 312-729-1000; email address
josh@bikeandroll.com.
WHEREAS, the Concessionaire desires that the City of Evanston grant certain rights and
privileges subject to the terms and conditions of this Agreement; and
WHEREAS, the City of Evanston is willing to grant such rights and privileges subject to
the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, representations and
conditions hereinafter contained, the parties hereto agree as follows:
I. BASIC TERMS
The following terms shall have the following meanings throughout this Agreement:
A. Payment of Fees:
All checks payable to: “City of Evanston”
Payment Address:
MORTON CIVIC CENTER
2100 RIDGE AVE
EVANSTON, IL 60201
Attention: Tim Carter, Lakefront Manager
B. Concessionaire's Trade Name: Bike & Roll and Beach Chairs Concierge which
name Concessionaire represents it is entitled to use pursuant to all applicable laws.
C. Concessionaire's Area: See Exhibit A attached hereto and made a part hereof for
a listing of the specific location(s) at Clark Street Beach Bike Path which
Concessionaire's business may be conducted and the type and number of structures,
stands, carts, and/or vehicles to be utilized. All structures, stands, carts, signs and/or
vehicles shall be provided by Concessionaire at its sole cost and expense and shall be
subject to the Evanston City of Evanston’s approval and shall be constructed in
accordance with or otherwise comply with the design and sign criteria attached hereto as
Exhibit C and made a part hereof. Concessionaire shall be responsible for procuring all
storage locations for any moveable stands, carts, vehicles or other equipment utilized by
Concessionaire. The City of Evanston reserves the right to add or reduce Concessionaire's
Area upon a minimum of thirty (30) days' notice to the Concessionaire (except in the case
of an emergency, in which event efforts to give reasonable notice shall be made). The
City of Evanston also reserves the right to add other concessionaires in the same area as
the Concessionaire's Area.
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Term: The period commencing on 05/15/2024 ("Commencement Date") and expiring
on 10/31/2026 (3 years) unless terminated earlier pursuant to this Agreement.
Concessionaire may operate prior to commencement date and following date of
expiration only after receiving written permission from City of Evanston.
D.Times of Operation: See Rider One attached hereto and made a part hereof for
specific operating dates, hours of operation and prohibitions on operation.
E.Permitted Use: For the beach chair and umbrella rentals and bicycle rentals
concessions and for no other use unless such use is approved in writing by the City of
Evanston. A list of items being sold, including prices, must be attached as Exhibit B and
made a part hereof:
F.Base Rent Fee: Minimum base rent fee:
Sales
Category
Fee
Amount
Start Date End Date
Rent $500 05/25/2024 06/30/2024
Rent $500 07/01/2024 07/31/2024
Rent $500 08/01/2024 08/02/2024
Concessionaire shall be invoiced in June, July, August in equal amounts due on the
1st of the month.
G.Percentage Fee: In addition to the above Minimum Fee, Concessionaire shall
pay Percentage Fees as follows.
Sales Category Payment Date Fee Amount % of revenue over
Services 10/31/2024 10% $15,000
Services 10/31/2025 10% $15,000
Services 10/31/2026 10% $15,000
The Percentage Fee shall be paid as set forth in Article III. Each minimum annual
volume set forth above shall be referred to herein as a "Breakpoint".
H.Key Personnel:
Staff Role Staff Name Email Cell Phone
General Manager Joshua Squire josh@bikechicago.com 773-251-9757
I.Guarantor(s): Note: The Guarantor shall make available to the City of
Evanston its audited financials for approval by the City of Evanston prior to execution of
this agreement. (See Guaranty of Concession Permit Agreement, if applicable, following
signature page of this document.)
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K. Operating Season: The period set forth in Rider One during which
Concessionaire agrees to operate, subject to the dates during such period when
Concessionaire is excused or prohibited from operating, as set forth therein.
L. Law or Laws: "Law" or "Laws" shall mean all federal, state, county and local
governmental and municipal laws, statutes, ordinances, rules, regulations, codes, decrees,
orders and other such requirements, applicable equitable remedies and decisions by courts
in cases where such decisions are binding precedents in Illinois and decisions of federal
courts applying the laws of Illinois, at the time in question, including without limitation,
the Americans with Disabilities Act; all restrictions of record applying to or affecting the
Concessionaire's Area; all laws relating to environmental matt ers including, without
limitation, underground storage tanks; all City of Evanston Ordinances; the Code of the
City of Evanston including the City of Evanston Concessions, Ethics, and Human Rights
Ordinance; and all the rules and regulations promulgated by the Director of Parks and
Recreation of the City of Evanston.
M. Sponsorship Provisions: During or prior to the Term the City of Evanston may
enter into sponsorship agreements with other parties for the exclusive use of products or
services (e.g. soft drinks). Concessionaire shall, where applicable, use the sponsored
products or services (and, if required by a sponsor, purchase such products or services
from the sponsor or its designated distributor) or comply with any other sponsorship
requirement exclusively in connection with its business at the Concessionaire's Area, and
shall not use or display products which conflict with sponsor's pro ducts without the
express written permission from the City of Evanston. City of Evanston reserves the right
to designate areas within Concessionaire's Area for the placement of sponsorship logos
including, without limitation, Concessionaire's employees' uniforms and Concessionaire's
signage. Violation of this provision by Concessionaire shall entitle the City of Evanston to
confiscate Concessionaire’s performance deposit and/or shut down temporarily or
permanently Concessionaire without terminating this Agreement or entitling
Concessionaire to an abatement of fees from the City of Evanston. Concessionaire shall
not be liable for a fee abatement during any shut down pursuant to this section.
Concessionaire may also be liable to the City of Evanston for lost sponsorship revenue
due to Concessionaire’s breach of these provisions.
II. Special Provisions: See Rider Two attached hereto and made a part hereof.
CONCESSION, CONCESSIONAIRE'S AREA, USE, SPONSORSHIP, AND TRADE
NAME
The City of Evanston, in consideration of the payment of the Fees (as hereinafter defined), hereby
grants the privilege to the Concessionaire to operate a non-exclusive concession subject to the
terms contained in this Agreement. Concessionaire accepts the Concessionaire's Area in its "AS
IS" condition without any agreements, representations, understandings or obligations on the part
of the City of Evanston to perform any alterations, repairs or improvements. The Concessionaire's
Area shall be used only for the purposes set forth in Section I hereof. Concessionaire shall operate
its business at the Concessionaire's Area under the trade name set forth in Section I and shall not
change its trade name without the prior written consent of the City of Evanston, which the City of
Evanston may withhold in its sole discretion. Changes of Concessionaire’s Area shall be made
upon only written approval from City of Evanston.
During the Term hereof, the City of Evanston retains the right to renovate, alter or demolish all or
a portion of the Concessionaire's Area upon a minimum of thirty (30) days' notice to the
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Concessionaire (except in the case of an emergency, in which event efforts to give reasonable
notice shall be made).
III.FEES
Concessionaire shall pay Minimum Fees for each Operating Season in the amounts and at the
times set forth in Section I hereof, together with any other applicable tax thereon. The City of
Evanston has the right to deem Concessionaire in default of this agreement if Concessionaire at
any time fails to pay the amounts required under this Agreement and shall entitle City of
Evanston to cause Concessionaire to cease operations, either temporarily or permanently, without
forfeiting the City of Evanston’s rights to collect all past and future fees owing and without such
action constituting a termination of this Agreement.
In each calendar year, Concessionaire shall pay Percentage Fees beginning with the first month in
which the aggregate amount of Gross Sales for such calendar year exceeds the Breakpoint, and
Concessionaire shall pay Percentage Fees for each and every succeeding month during the
remainder of such calendar year on all additional Gross Sales.
Concessionaire shall pay the Percentage Fee and/or Percentage of Sales payment for each
month within ten (10) days following the end of said month. Within ten (10) days after the
end of each month of operation during the Term, whether or not Concessionaire owes
Percentage Fees for said month, Concessionaire shall deliver to City of Evanston a
statement of the Gross Sales for said month, in a form specified by the Managing Agent,
certified by Concessionaire in such form as will be designated by the City of Evanston from time
to time. No later than January 30th following the end of each calendar year of the Term of this
agreement, Concessionaire shall deliver to City of Evanston a statement, certified by
Concessionaire’s chief financial officer or a certified public accountant, of all Gross Sales for the
said calendar year, and if the amount already paid by Concessionaire on account of Percentage
Fees for that year is less than the actual amount due, then Concessionaire shall pay the deficiency
simultaneously with the submission of said statement.
The term "Gross Sales" shall mean the total amount in dollars of the actual sales price, whether
for cash, credit, in-kind goods or services or otherwise, of all sales of merchandise and services,
and all other receipts of business conducted in or from the Concessionaire's Area. Gross Sales
shall not, however, include any sums collected on account of any sales or retail excise tax
imposed by any duly constituted governmental authority, provided, however, that no deduction
from Gross Sales shall be allowed on account of income taxes, gross receipts taxes, or other
similar taxes.
Concessionaire shall pay all other fees and charges due under this Agreement, together with any
fee tax thereon, if any, in equal monthly installments based upon the number of months the
concession will be in operation during the Operating Season in advance on or before the first day
of each applicable calendar month during the Term. Minimum Fees, Percentage Fees and all other
fees and charges (including, without limitation, charges incurred for utilities and trash removal)
due under this Agreement are hereinafter referred to as "Fees".
Concessionaire shall for each concession location or locations in the Concessionaire's Area record
all sales in accordance with generally accepted accounting practices and retain copies of all sales
tax reports and shall maintain the following books and records: (i) all state and local sales and use
tax reports/returns, (ii) daily/monthly inventory documentation, (iii) summary of sales reports, (iv)
serially numbered sales slips, (v) bank statements, (vi) bank reconciliation statements, (vii) state
and federal income tax returns and (viii) such other records or methods that would normally be
kept pursuant to generally accepted accounting principles, or as the City of Evanston may
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reasonably require in order to determine Gross Sales hereunder. A separate bank account shall be
maintained for all revenue from the Concessionaire's Area and no funds from any other source
shall be deposited in such account. Concessionaire shall preserve such records and make them
available to City of Evanston upon demand. Concessionaire shall preserve its sales records for
each year for at least two (2) years from the end of the Term. Upon demand, Concessionaire shall
furnish City of Evanston copies of its sales tax reports for such months, as City of Evanston shall
request. City of Evanston, by itself or through its auditor or other designated representative, shall
have the right upon ten (10) days notice to Concessionaire to audit all pertinent books, records
and tax returns of Concessionaire for the purposes of verifying statements of Gross Sales
submitted by Concessionaire. Failure to comply with an audit request within two (2) days of such
request is a material breach of this Agreement. All expenses of any such audit shall be borne by
City of Evanston unless such audit shall disclose discrepancies in reported sales with respect to
any statement submitted by Concessionaire of two and one-half percent (2-1/2%) or more in
which case all expenses of such audit, including travel and related expenses, shall be borne by
Concessionaire and be payable on demand. If any such audit shall disclose a deficiency in the
payment of Percentage Fees, then such deficiency shall immediately become due and payable
with interest at 18% per annum or the highest rate permitted by applicable Law, whichever shall
be less, on the deficiency from the date such payment should have been made. If any such audit
discloses discrepancies in reported sales with respect t o any statement submitted by
Concessionaire of five percent (5%) or more, Concessionaire shall be in breach under this
Agreement and City of Evanston shall have the right to terminate this Agreement in addition to
the rights set forth in this Paragraph.
The City of Evanston reserves the right to impose a late fee equal to the greater of (a) $150
per late payment or (b) one and one-half percent (1 ½%) compounded monthly on any
unpaid balance which remains fully or partially unpaid after the date due.
Any unpaid Fees, including late fees, will constitute a debt due and owing the City of
Evanston and may result in collection actions against the Concessionaire and its owners. If
the City of Evanston is forced to take legal action to recover unpaid debt, the Concessionaire
will be responsible for any cost incurred by the City of Evanston, including attorney fees.
All payments made under this Agreement shall be sent to the Address for Payment of Fees shown
in Section I, by check or money order made payable to the Evanston City of Evanston. If, during
the Term the City of Evanston receives a check from Concessionaire that is returned by
Concessionaire's bank for insufficient funds, all checks thereafter shall be bank certified or
cashier's checks (without limiting City of Evanston's other remedies). All bank service charges
resulting from any bad checks shall be borne by Concessionaire.
IV. TERM OF THE AGREEMENT
The Term of this Agreement shall be for the period set forth in Section I hereof unless terminated
prior to that time pursuant to the terms hereof. Concessionaire shall be open for business at the
Concessionaire's Area during the entire Operating Season during all hours and on such days and
evenings of the week as set forth on Rider One as the same may be modified from time to time by
the City of Evanston.
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V.TRANSFER OF RIGHTS UNDER AGREEMENT
The Concessionaire agrees that it will not give, sell, license, assign, sublet, permit, subcontract,
sub concession or otherwise transfer this Agreement or rights or obligations under this Agreement
without the express prior written consent of the City of Evanston, which consent may be withheld
in the City of Evanston's sole discretion. A change in control of Concessionaire or its parent shall
be deemed a prohibited transfer hereunder. Any such purported transfer shall be null and void and
of no effect and, at the sole option of the City of Evanston, shall be grounds for termination of
this Agreement.
VI. KEY PERSONNEL
If the key personnel identified in Section I hereof cease for any reason to act in his/her/their
identified capacity for the Concessionaire, the City of Evanston may at its option declare this
Agreement terminated and exercise all rights given by this Agreement in the event of termination.
VII. INSURANCE
Concessionaire shall procure and maintain during the duration of this Agreement insurance for
injury to persons or damage to property, which may arise out of or in connection with the
performance of the work or the operation of the concession by the Concessionaire, its agents,
representatives, employees, contractors or subcontractors.
A.Minimum Scope of Insurance:
1. General Liability: $1,000,000 combined single limit per occurrence and
$2,000,000 in the aggregate for bodily injury, personal injury, product liability and
property damage.
2. Workers' Compensation and Employer's Liability:
Coverage A - Statutory
Coverage B - Not less than $500,000 per accident (employer's liability)
3. Automobile Liability: $1,000,000 combined single limit per occurrence.
4. Property All Risk coverage: 100% of the replacement cost of any property which
Concessionaire owns or leases in the direct or indirect exercise of its rights and
obligations under this Agreement.
5. Any other insurance, which the City of Evanston or its agents may from time to
time require.
B.Other Insurance Provisions:
1. The policies required to be maintained hereunder are to contain the following
provisions and any additional provisions included in Rider Two:
2. All liability coverage shall name the City of Evanston, and their respective
commissioners, officers, officials, managers, members, employees, partners,
agents, directors and volunteers as additional insured on a primary and non-
contributory basis, and such additional parties as may be required as a result of
the location of the Concessionaire's Area (for example, for a Concessionaire's
Area located at the grounds of a museum, such museum shall designate the
required additional insureds).
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3. The insurer must waive all rights of subrogation against the additional insured.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits unless thirty (30)
days prior written notice thereof, by certified mail, return receipt requested, has
been delivered to the City of Evanston at the address set forth in Section I hereof.
5. Insurance is to be placed with an insurer with “Bests” insurance rating of no less
than A-VII.
Prior to entering upon the Concessionaire's Area or conducting any activity by the Concessionaire
pursuant to this Agreement, Concessionaire shall submit to City of Evanston and the City of
Evanston Director of Risk Management and certified copies of all r equired insurance policies or,
until such policies are issued, certificates of insurance evidencing the liability coverage and
evidence of property insurance detailing the required property insurance.
If the the City of Evanston deems it advisable, in its sole discretion, at any time during the Term
of this Agreement, such party may change the type of or increase the amounts of insurance
Concessionaire is required to maintain pursuant to the terms hereof.
If the Concessionaire creates an exposure not covered by the foregoing requirements, the nature
of that exposure must be disclosed to, and pre-approved by, the City of Evanston Director of Risk
Management.
VIII. INDEMNIFICATION AND WAIVER
The Concessionaire will hold the City of Evanston and their respective commissioners, partners,
directors, officials, officers, managers, members, agents and employees (individually, an
“Indemnitee” and collectively, the "Indemnitees") harmless from all liability, liens, losses,
judgments, costs, damages and expenses of whatsoever kind including reasonable attorneys' fees
and costs, which may in any way be suffered by an Indemnitee or which may accrue against or be
charged to or recovered from an Indemnitee by reason of or in consequence of the co ncession
granted, as aforesaid, or for or on account of any act or thing done or suffered or omitted to be
done by Concessionaire under the authority or supposed authority of such grant. To the extent
not prohibited by Law, Concessionaire waives all claims against the Indemnitees for injury
to persons, damage to property or to any other interests of Concessionaire sustained by
Concessionaire or any person claiming through Concessionaire resulting from any
occurrence in or upon the Concessionaire's Area including, without limitation, any
interruption in any utility services or any alleged failure to provide adequate security
services.
Concessionaire expressly agrees that no member, official, employee or agent of the City of
Evanston will be individually or personally liable to it, or to Concessionaire’s successors or
assigns, under any term or provision of this Agreement or because of his or her execution or
attempted execution of this Agreement or in the event of any default or breach by the City of
Evanston under this Agreement.
The duties to indemnify and limitations on liability in this Section VIII shall survive the
expiration or termination of this Agreement and the expiration or termination of any obligation
owing to either party under this Agreement.
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IX. CONCESSIONAIRE COVENANTS
The Concessionaire hereby warrants, represents and covenants to the City of Evanston, as
follows:
A. Concessionaire shall fully carry out all activities and provide all services as required
by and limited by this Agreement and shall comply in all respects with this
Agreement, including, without limitation, all Riders and Exhibits attached hereto.
B. Concessionaire shall be governed by, adhere to and obey in all respects all Laws
including, without limitation, the City of Evanston Code, (found on City of Evanston
website), including the Concession Ordinance as is now, or may be in effect from
time to time during the Term of the Agreement and shall be responsible for obtaining
any licenses or permits necessary to operate the concession. Further, Concessionaire,
including all of its employees, servants, agents, and volunteers shall abide by the
provisions of the Code of Conduct of the City of Evanston Ethics Ordinance as is
now, or may be amended from time to time. By execution of this Agreement
Concessionaire acknowledges receipt of a copy of the Ethics Ordinance.
C. If Concessionaire is engaged in the sale, distribution or provision of food as part of its
activities pursuant to this Agreement, Concessionaire represents and warrants that it is
familiar with and shall specifically comply with any and all requirements for the
operation of a Food Service Establishment as defined in the Concession Ordinance
and shall comply with all City of Evanston rules and regulations, including health
inspections. Concessionaire shall make all necessary applications for a Evanston
Department of Health certificate or local Health Authority license, at the choice of the
Evanston City of Evanston, prior to the opening of the season. Concessionaire shall
obtain and maintain in force any required Evanston Department of Health certificates
or local Health Authority license. Rider Three attached hereto and made a part hereof
is the City of Evanston Regulations for Concessionaires Operating on City of
Evanston Property and Rider Four attached hereto and made a part hereof is the City
of Evanston Rules and Regulations for Food Service in the Park. Rider Three and
Rider Four may be amended from time to time in the City of Evanston's sole
discretion.
D. Concessionaire shall not (i) sell or permit to be sold, used or brought upon the
property of the City of Evanston any intoxicating or alcoholic beverages without the
express prior written consent of the City of Evanston, which consent may be withheld
or conditioned in the City of Evanston's sole discretion, (ii) permit or suffer any
gambling at any time upon said City of Evanston property, (iii) permit improper or
immoral conduct on the part of its officers or employees, (iv) permit handbills,
leaflets or flyers of any kind, hawking or any other noises or disturbances designed to
attract attention or to solicit trade or (v) permit exclusive use of City of Evanston
property.
E. Concessionaire shall ensure that no person(s), on the basis of sex, sexual orientati on,
religion, color, race, national origin, physical or mental handicap, ancestry, age,
marital status, unfavorable discharge from military services or otherwise are subjected
to discrimination in the use of the facilities to be provided by the Concessionaire or to
discrimination in employment decisions by the Concessionaire.
F. Concessionaire shall make all necessary applications for a federal identification tax
number, state sales tax number and a payroll tax number; and shall file all tax returns
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required by Law. Copies of these certificates and tax returns shall be forwarded to the
City of Evanston.
G. Concessionaire shall maintain itself in good standing to do business under the Illinois
Business Corporations Act, Not For Profit Corporations Act, Illinois Limited
Partnership Act or the applicable Law under which it conducts business.
H. Concessionaire shall not locate on the Concessionaire's Area any structure, stand,
trailer, sign, cart or vehicle of a permanent or temporary basis without first receiving
prior written consent of the City of Evanston. Such structure, stand, trailer, cart or
vehicle shall be in compliance with the criteria set forth on Exhibit C.
I. Concessionaire shall not make any alterations, additions or improvements, including
the installation of all utilities, to the Concessionaire's Area without the prior written
consent of the City of Evanston, which may be unreasonably withheld. All alterations,
additions or improvements made by Concessionaire shall be made in accordance with
the criteria set forth in Exhibit C. Concessionaire shall promptly pay for any work
done or material furnished by or on behalf of Concessionaire in or about the
Concessionaire's Area and shall not permit or suffer any lien to attach to the
Concessionaire's Area and Concessionaire shall have no authority or power, express
or implied, to create or cause any lien, charge or encumbrance of any kind against the
Concessionaire's Area. If any lien shall at any time be filed against the
Concessionaire's Area by reason of work, labor, services or materials alleged to have
been performed or furnished by, for or to Concessionaire, Concessionaire shall cause
the same to be discharged of record or bonded to the satisfaction of the City of
Evanston within ten (10) days after being notified of the filing thereof. If
Concessionaire shall fail to cause such lien to be so discharged or bonded within such
ten (10) day period, then, in addition to any other right or remedy of the City of
Evanston, the City of Evanston may discharge the same by paying the amount
claimed to be due, and the amount so paid by the City of Evanston and all costs and
expenses, including attorneys' fees incurred by the City of Evanston, in procuring the
discharge of such lien, shall be due and payable by Concessionaire to the City of
Evanston as additional Fees on the first day of the next following month.
J. By entering into this Agreement, Concessionaire waives all rights, if any, under any
ordinance, statute, Law (including common law) or regulation to administrative
review of the decision to terminate this Agreement by the City of Evanston or any
determination by the City of Evanston regarding the duties and benefits of this
Agreement.
K. Concessionaire shall charge those prices shown on Exhibit B, and in all events,
Concessionaire shall charge prices competitive in the local marketplace with no
increases during City of Evanston or City of Evanston special events. The City of
Evanston must approve any changes in Concessionaire’s prices in writing in advance.
L. Concessionaire shall at all times maintain a fully stocked supply of inventory, use a
sufficient number of adequately trained personnel for efficient service and shall
otherwise diligently operate its business at the Concessionaire's Area so as to produce
maximum Gross Sales.
M. Concessionaire shall store all excess inventory and trash out of sight of the public and
in accordance with any regulations or guidelines imposed by the City of Evanston.
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N. Concessionaire shall maintain appearance of Concessionaire’s Area, picking up and
disposing garbage and litter at all times - including policing of area for litter at
closing.
O. The City of Evanston, in its sole discretion, may permit, but not be obligated to allow
Concessionaire to operate additional concessions during certain special events within
or outside Concessionaire’s Area subject to the rules and regulations established by
the City of Evanston, this Agreement and additional terms of the event that may be
added as an amendment to this agreement. Participation in Special Events is
contingent upon Concessionaire remaining in good standing with the City of
Evanston with respect to Concessionaire’s fee obligations, insurance maintenance,
health certification, and all other items required under this Agreement. The City of
Evanston reserves the right to terminate Concessionaire’s participation in any special
event at any time for any reason. In the event Concessionaire’s participation is
terminated, all fees owed by Concessionaire related to such special event(s) shall
continue to be due. The City of Evanston reserves the right to fine Concessionaires
pursuant Section 1(I) and Rider Five of this Agreement. Concessionaire has
responded truthfully regarding its application pursuant to the selection process and/or
with any other information it has heretofore furnished the City of Evanston.
X. UTILITIES
A. If available, Concessionaire shall: (i) make application in Concessionaire's own name
for all utilities not provided by the City of Evanston, (ii) comply with all utility
company regulations for such utilities, including requirements for the installation of
meters, (iii) obtain such utilities directly from, and pay for the same when due
directly to, the applicable utility company, and (iv) comply with all Laws with
respect to obtaining and utilizing any utilities. The term "utilities" for purposes hereof
shall include but not be limited to electricity, gas, water, sewer, steam, fire protection,
telephone and other communication and alarm services, HVAC, if any, and all taxes
or other charges thereon. Concessionaire shall install and connect all equipment and
lines required to supply such utilities to the extent not already available at or serving
the Concessionaire's Area, or at the City of Evanston's option shall repair, alter or
replace any such existing items (or Concessionaire shall share the costs thereof for
any utilities shared with other Concessionaires as the City of Evanston shall
determine). Concessionaire shall maintain, repair and replace all such items, operate
the same and keep the same in good working order and condition. Concessionaire
shall not install any equipment or fixtures, or use the same, so as to exceed the safe
and lawful capacity of any utility equipment or lines serving the same.
B. The City of Evanston reserves the right from time to time to provide any or all
utilities to the Concessionaire's Area. In such case, Concessionaire shall pay such
charges as the City of Evanston may establish from time to time, which the City of
Evanston may determine based on the quantity of utilities used or consumed at the
Concessionaire's Area on a monthly or other regular basis or otherwise. Such charges
shall not exceed the rates, if any, that the City of Evanston is permitted to charge
pursuant to applicable Law. Concessionaire shall pay for amounts of such utilities
based on separate meters if they exist, provided if the Concessionaire's Area is not
separately metered for any such utilities, Concessionaire shall pay for amounts of
such utilities based on the reasonable estimates of the City of Evanston's engineer or
consultant, or at the City of Evanston's election, shall pay the City of Evanston's cost
for installing separate meters, and shall thereafter pay based on such meters. Except
to the extent prohibited by applicable Law, the City of Evanston may also impose a
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reasonable administrative charge to cover meter-reading and other overhead
expenses. All such charges shall be payable as additional Fees ten
(10) days after billed by the City of Evanston. The City of Evanston may discontinue
providing any utilities then being provided by the City of Evanston upon ten (10)
days' advance written notice to Concessionaire (in which case Concessionaire shall
obtain such utilities directly from the applicable utility company).
C. The City of Evanston does not warrant that any utilities provided by the City of
Evanston will be free from shortages, failures, variations, or interruptions caused by
repairs, maintenance, replacements, improvements, alterations, changes of service,
strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel,
steam, water or supplies, governmental requirements or requests, or other causes
beyond the City of Evanston's reasonable control. None of the same shall be deemed
an eviction or disturbance of Concessionaire's use and possession of the
Concessionaire's Area or any part thereof, or render the City of Evanston liable to
Concessionaire for abatement of Fees, or relieve Concessionaire from performance of
Concessionaire's obligations under this Agreement. The City of Evanston in no event
shall be liable for loss of profits, business interruption or other incidental or
consequential damages. The City of Evanston does not warrant the availability of
electric, water, gas, sewers or other utilities at (for) any location.
XI. TERMINATION
The City of Evanston shall have the right to terminate this Agreement and all other agreements
that Concessionaire or any affiliate of Concessionaire has with the City of Evanston immediately
upon written notice to Concessionaire upon the occurrence of any one of the followin g conditions
or violations:
A. Any action or failure to act or comply with any terms contained herein (including,
without limitation, Section IX hereof, any provisions of the City of Evanston Code, or
City of Evanston Rules or Regulations attached hereto as Rider Three and Rider
Four) which, in the sole determination of the City of Evanston, creates a material
breach of this Agreement.
B. The abandonment or discontinuance of the Concessionaire's operation for seven (7)
consecutive days of required operation as provided for in Rider One during the Term
of this Agreement.
C. The sale by the Concessionaire of any items other than those allowed to be sold
pursuant to Section I and Exhibit B of this Agreement (specifically, Section I-F and I-
N).
D. The failure of the Concessionaire to obtain and maintain in force the insurance
required by the City of Evanston pursuant to Section VII of this Agreement.
E. A transfer in violation of Section V hereof.
F. Failure of the Concessionaire to pay, when due, any Fees owed the City of Evanston
pursuant to the terms of this Agreement and said fees shall continue to be due and
payable up to and following the termination of this Agreement.
G. The destruction of the Concessionaire's Area, or any part thereof.
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H.Any false or misleading statement or misrepresentation made to the City of Evanston
by or on behalf of the Concessionaire:
1. as a part of this Agreement or any other agreement between the City of
Evanston and the Concessionaire.
I.Concessionaire is charged in any court with an offense involving his/her fitness to
hold any necessary licenses or permits to enable the operation of the Concession.
J.Concessionaire understates Gross Sales by five percent (5%) or more as set forth in
Section III hereof. Failure of any key personnel to act in his/her/their identified
capacity for the concessionaire.
K.A violation by Concessionaire or any affiliate of Concessionaire under this or any
other agreement with the City of Evanston.
L.If the City of Evanston determines that Concessionaire’s conduct is (i) grossly
negligent,
(ii) creates a safety hazard or (iii) destructs public property.
M.The failure of the concessionaire to obtain and maintain in force any required
Evanston Department of Health certificate or local Health Authority license, if
applicable.
N.Failure of the Concessionaire to comply with an audit request within ten (10) days of
such request by the City of Evanston and/or City of Evanston.
Upon the occurrence of any of the conditions or violations as stated above in this Section XI., the
City of Evanston will have the right to deem Concessionaire in default of this agreements and
terminate the violated agreement or all of the agreements Concessionaire or any affiliate of
Concessionaire has with the City of Evanston. Failure to exercise, or a decision on the part of the
City of Evanston not to exercise this right will not be deemed as a waiver of this right, nor will it
be interpreted as a consent or a waiver of those violations.
The City of Evanston will give Concessionaire written notice of default, after which the City of
Evanston may invoke any or all of legal remedies available to it, including the right to withhold
all or any part of Concessionaire’s compensation under this Agreement and/or collection action to
recover any unpaid fees.
XII. EARLY TERMINATION
In addition to termination under the events of default in Section XI, the City of Evanston may
terminate the Agreement at any time by written notice from the City of Evanston to
Concessionaire. The effective date of termination will be the date the notice is received by
Concessionaire or the date stated in the notice, whichever is later.
Concessionaire must include in its contracts with subcontractors an early termination provision in
form and substance equivalent to this early termination provision to prevent claims against the
City of Evanston arising from termination of subcontracts after the early termination.
Concessionaire will not be entitled to make any early termination claims against the City of
Evanston resulting from any subcontractor’s claims against Concessionaire or the City of
Evanston to the extent inconsistent with this provision.
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If the City of Evanston's election to terminate the Agreement for default under Section XI or
XVIII is determined in a court of competent jurisdiction to have been wrongful, then in that case
such termination is to be considered to be an early termination under this Section XII.
XIII. FORCE MAJEURE
It is mutually agreed that neither Party shall be deemed to be in default, nor shall either Party be
held responsible for any losses resulting from the failure to fulfill any terms, conditions or
provisions of this Agreement if performance is prevented by: (a) fire, hurricane, flood, act of God,
terrorist act, major mechanical or structural failure, or civil commotion adversely affecting the
reasonable operation of any Concession facility; or (b) any law, rule, regulation or order of any
public or military authority stemming from the existence of economic or emergency controls,
hostilities, war or governmental law or regulations, provided, however, that any such occurrence
or the adverse effects of such occurrence are not reasonably foreseeable and are beyond the
reasonable control of the affected Party. Each Party shall take reasonable actions to mitigate any
unforeseen events.
XIV. HAZARDOUS MATERIALS
Concessionaire shall not transport, use, store, maintain, generate, manufacture, handle, dispose,
release or discharge any "Hazardous Material" (as defined below) or permit any of the same to
occur upon or about the Concessionaire's Area or any City of Evanston property.
Concessionaire shall promptly notify the City of Evanston of: (i) any enforcement, cleanup or
other regulatory action taken or threatened by any governmental or regulatory authority with
respect to the presence of any Hazardous Material on the Concessionaire's Area or the migration
thereof from or to other property, (ii) any demands or claims made or threatened by any party
relating to any loss or injury resulting from any Hazardous Material on the Concessionaire's Area,
(iii) any release, discharge or non-routine, improper or unlawful disposal or transportation of any
Hazardous Material on or from the Concessionaire's Area or in violation of this Section, and (iv)
any matters where Concessionaire is required by Law to give a notice to any governmental or
regulatory authority respecting any Hazardous Material on the Concessionaire's Area. The City of
Evanston shall have the right (but not the obligation) to join and participate, as a party, in any
legal proceedings or actions affecting the Concessionaire's Area initiated in connection with any
environmental, health or safety Law. At such times as the City of Evanston may reasonably
request, Concessionaire shall provide the City of Evanston with a written list, certified to be true
and complete, identifying any Hazardous Material then used, stored, or maintained upon the
Concessionaire's Area, the use and approximate quantity of each such material, a copy of any
material safety data sheets ("MSDS") issued by the manufacturer thereof, and such other
information as the City of Evanston may reasonably require or as may be required by Law.
If any Hazardous Material is released, discharged or disposed of by Concessionaire, or its
employees, agents or contractors, on or about the Concessionaire's Area or any City of Evanston
property in violation of the foregoing provisions, Concessionaire shall immediately, properly and
in compliance with applicable Laws clean up and remove the Hazardous Material from the
Concessionaire's Area or any City of Evanston property and any other affected property and clean
or replace any affected personal property (whether or not owned by the City of Evanston), at
Concessionaire's expense (without limiting the City of Evanston's other remedies therefore). Such
clean up and removal work shall be subject to the City of Evanston's prior written approval
(except in emergencies), and shall include, without limitation, any testing, investigation, and the
preparation and implementation of any remedial action plan required by a court or governmental
body having jurisdiction or reasonably required by the City of Evanston. If the City of Evanston
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or governmental body arranges for any tests or studies showing that this Section has been
violated, Concessionaire shall pay for the costs of such tests.
The term "Hazardous Material" for purposes hereof shall mean any chemical, substa nce, material
or waste or component thereof which is now or hereafter listed, defined or regulated as a
hazardous or toxic chemical, substance, material or waste or component thereof by any federal,
state or local governing or regulatory body having jurisdiction, or which would trigger any
employee or community "right-to-know" requirements adopted by any such body, or for which
any such body has adopted any requirements for the preparation or distribution of MSDS.
XV. RETURN OF POSSESSION AND REMOVAL OF PROPERTY
At the end of each Operating Season as set forth in Rider One, but no later than October 31st, or
upon termination of the Agreement by lapse of time or termination by written notification from
the City of Evanston or written notification stating the need to winterize Concessionaire’s area at
the end of the concession season, or otherwise, the Concessionaire shall surrender all keys and
possession of the Concessionaire’s Area in broom-clean condition and good repair, free of debris,
and shall promptly remove, at its own expense, its movable trade fixtures and personal property
from the Concessionaire's Area, disconnect all utilities, drain plumbing and water to prevent
freezing, rod sewers, clean and rod grease traps, repair any damage to the Concessionaire's Area,
and place the area surrounding the Concessionaire's Area in a safe, sanitary and broom -clean
condition and in as good of a condition as existed prior to the commencement of the Term.
Concessionaire's failure to remove such property shall create no right to operate in the
Concessionaire's Area. All such property not removed or abandoned at the end of each Operating
Season as set forth in Rider One, but no later than October 31st or after this agreement has been
terminated, shall thereupon become the sole and exclusive property of the City of Evanston. All
property removed from the Concessionaire’s Area by the City of Evanston hereunder may be
handled, discarded or stored by the City of Evanston. The City of Evanston shall in no event be
responsible for the value, preservation or safekeeping thereof. If Concessionaire fails to repair
damaged property or clean debris or garbage, or otherwise leave the Concessionaire's Area in the
condition required herein, the Concessionaire shall pay the City of Evanston the reasonable costs
and expenses incurred by the City of Evanston in doing so.
Concessionaire shall not be responsible for maintaining or repairing grass or any landscaping
unless Concessionaire, through its gross negligence, contributed to the damage of such
landscaping.
XVI. PROMOTION FEES
The City of Evanston may require that Concessionaire participate in and contribute to advertising
and promotional events for the City of Evanston concessions. Concessionaire shall participate in
such joint advertising and promotional events as the City of Evanston may reasonably require.
Any advertising materials produced by Concessionaire or any other party must first be reviewed
and approved in writing by the City of Evanston.
XVII. WAIVER
The waiver by the City of Evanston of any breach, default, or noncompliance by the
Concessionaire under the terms of this Agreement shall not be deemed, nor shall the same
constitute, a waiver of any subsequent breach, default or non-compliance on the part of the
Concessionaire.
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XVIII. COSTS OF ENFORCEMENT
The Concessionaire shall pay to the City of Evanston in a timely manner all of the City of
Evanston's reasonable attorneys' fees, and other costs and expenses incurred to enforce the City of
Evanston's rights under this Agreement including, without limitation, any consequential damages.
XIX. TERMINATION RIGHT
If during any Operating Season Concessionaire's Gross Sales are less than the Breakpoint as set
forth in Section I, Paragraph H, applicable to said Operating Season, the City of Evanston may, at
its option, terminate this Agreement by written notice to Concessionaire within sixty (60) days
after the City of Evanston's receipt of the annual statement of Gross Sales for said Operating
Season effective fifteen (15) days after notice, or if Concessionaire shall have failed to furnish the
City of Evanston any monthly Gross Sales statement (due ten (10) days after the end of each
month) or the certified annual Gross Sales statement required hereunder for the Operating Season
(due on or before the January 30th following the applicable operating season), the City of
Evanston may, at its option, terminate this Agreement by written notice to Concessionaire within
ninety (90) days of failure of submittal of the required sales, and said termination shall be
effective fifteen (15) days after such notice.
XX.MINORITY PARTICIPATION
It is the goal of the City of Evanston to exceed minimum MBE/WBE Participation in the
concession program. Qualified MBE/WBE Concessionaires are encouraged to seek certification
through the City of Evanston.
XXI. ADDITIONAL PROVISIONS
A.Notices and demands shall be served as follows:
1. By delivering them to the party personally at its business address shown below:
or
2. By depositing them in the United States post-office box, enclosed in an
envelope, plainly addressed to the party at its business address with postage
fully prepaid; or
3. By transmitting them via facsimile machine to the office of the Concessionaire
at the facsimile number shown below.
Business address of the City of Evanston:
City of Evanston
2100 Ridge Ave., Evanston IL, 60201
Notices and demands shall be deemed to have been given upon personal delivery or upon
depositing of the properly addressed and stamped envelope in a U.S. mail box or upon
confirmation of a successful transmitted by facsimile.
B.This Agreement shall be governed by the Laws of the State of Illinois.
C.If any court of competent jurisdiction holds any provision of this Agreement invalid
or unenforceable, such provision shall be deemed severed from this Agreement to the
extent of such invalidity or unenforceability, and the remainder will not be affected
thereby, each of the provisions hereof being severable in any such instance.
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D. If a Guarantor is indicated in Section I, it shall be a condition to the effectiveness of
this Agreement that said Guarantor executes and delivers to the City of Evanston a
guaranty of this Agreement in a form acceptable to the City of Evanston. The City of
Evanston reserves the right to offer for sale and to sell food and/or merchandise or
grant other concessionaires such rights on City of Evanston property within the
geographic area of the concession.
E. The City of Evanston reserves the right to review the Concessionaire's operation at
any time to determine compliance with the terms of this Agreement, including the
provisions regarding Gross Sales as set forth in Section III hereof. The City of
Evanston and its representatives may at all times enter or per mit entry to the
Concessionaire's Area for any purpose including, without limitation, inspection of the
Concessionaire's Area. The Concessionaire is required to perform a weekly self -
inspection of it’s area and submit a weekly report and pictures to the Managing Agent
in a form specified by the Managing Agent.
F. The City of Evanston shall have no obligation to ensure that the Concessionaire's
Area is not used by entities that have not been authorized to do so nor shall
Concessionaire have any rights against the City of Evanston with respect to the same.
G. The City of Evanston shall have the right without notifying the Concessionaire to
remove, at the cost and expense of the Concessionaire, any sign that may be erected
without the approval of the City of Evanston. All signage shall be in compliance with
the criteria set forth in Exhibit C.
H. The Concessionaire agrees that the decision of the Director of Parks and Recreation
of the City of Evanston relative to the proper performance of the terms of this
Agreement shall be final and conclusive on the parties hereto, and shall be final and
conclusive as to each matter not covered in this Agreement that may arise in
connection with the privileges granted, as to each matter which is not clearly spelled
out herein.
XXII. AMENDMENTS
This Agreement, including Riders One through Five and Exhibits A through D attached hereto
represents the entire, integrated agreement between the parties hereto with respect to the
concession and shall supersede all prior negotiations, representations or agreements pertaining
thereto, either oral or written. The City of Evanston reserves the right to amend or supplement
this Agreement at any time for any subject related to the operations herein and the administration
thereof or to overcome any unforeseen problems arising hereafter.
XXIII. DISCLAIMER OF RELATIONSHIP
The Concessionaire agrees that all its actions under this Agreement shall be that of an
independent contractor and that there is no, and shall be no, relationship of principal and agent
between the Concessionaire and the City of Evanston, and that this Agreement shall not be
construed in any way as creating the relationship of agency, partnership or joint venture between
the parties hereto.
XXIV. CHOICE OF LAW AND JURISDICTION
This Agreement is governed as to performance and interpretation in accordance with the laws of
the State of Illinois, without regard to its choice of law principles. Concessionaire irrevocably
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submits itself to the original jurisdiction of the courts located in the County of Cook, State of
Illinois, with regard to any controversy in connection with this Agreement. Service of process on
Concessionaire may be made, at the option of the City of Evanston, either by registered or
certified mail addressed to the applicable office as provided for in this Agreement, by registered
or certified mail addressed to the office actually maintained by Concessionaire, or by personal
delivery on any officer, director, or managing or general agent of Concessionaire. If any
action is brought by Concessionaire against the City of Evanston concerning this Agreement, the
action must be brought only in those courts located within the County of Cook, State of Illinois.
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GUARANTY OF CONCESSION PERMIT AGREEMENT
THIS GUARANTY made as of this ___2___ day of _____May_______, __2024____,
Bike Evanston (“Guarantor”) in favor of The Evanston City of Evanston, a municipal
corporation organized under the laws of the State of Illinois ("City of Evanston").
Recitals
A.Bike Chicago Inc. (“Concessionaire”) is desirous of entering into that certain
Concession Permit Agreement of even date herewith with City of Evanston City of
Evanston relating to a Concessionaire's Area as defined in the Concession Permit
Agreement (which Concession Permit Agreement is herein referred to as the
"Agreement").
B.Guarantor has requested that City of Evanston enter into the Agreement.
C.City of Evanston has declined to enter into the Agreement unless Guarantor
guarantees the Agreement.
NOW, THEREFORE, to induce City of Evanston to enter into the Agreement, Guarantor
hereby agrees as follows:
1. Unconditional Guaranty. Guarantor unconditionally guarantees to City of Evanston and
the successors and assigns of City of Evanston the full and punctual payment,
performance and observance by Concessionaire of all of the terms, covenants and
conditions in the Agreement to be kept, performed or observed by Concessionaire.
Without limiting the foregoing, Guarantor guarantees the performance or payment of any
liability of Concessionaire, which shall accrue under the Agreement for any period
preceding as well as any period following the term of the Agreement. If, at any time,
Concessionaire shall default in the performance or observance of any of the terms,
covenants or conditions in the Agreement to be kept, performed or observed by
Concessionaire, including, without limitation, the payment of any Fees as defined in the
Agreement, or other charge, Guarantor will immediately keep, perform and observe the
same, as the case may be, in place and stead of Concessionaire.
2. Waiver of Notice; No Release of Liability. Any act of Park District or the successors
or assigns of City of Evanston consisting of the giving of any consent to any manner or
thing relating to the Agreement, or the granting of any indulgences or extensions of time
to Concessionaire, may be done without any notice to Guarantor and without releasing
the obligations of Guarantor hereunder. The obligations of Guarantor hereunder shall not
be released by City of Evanston's receipt, application or release of security given for the
performance and observance of covenants and conditions in the Agreement to be
performed or observed by Concessionaire, or by any modifications of the Agreement.
The liability of Guarantor hereunder shall in no way be affected by (a) the release or
discharge of Concessionaire in any creditors, receivership, bankruptcy or other
proceedings, (b) the impairment, limitation or modification of the liability of
Concessionaire or the estate of Concessionaire in bankruptcy, or of any remedy for the
enforcement of Concessionaire's liability under the Agreement resulting from the
operation of any present or future provision of the Federal Bankruptcy Code or other
statute or from the decision in any court;
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(c) the rejection or disaffirmance of the Agreement in any such proceedings; (d) the
assignment or transfer of the Agreement by Concessionaire; (e) any disability or other
defense of Concessionaire; (f) the cessation from any cause whatsoever of the liabilit y
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Concessionaire; or (g) the exercise by City of Evanston of any rights or remedies reserved to City
of Evanston under the Agreement, provided or permitted by law or by reason of any termination of
the Agreement.
3. Joinder; Waiver; Statute of Limitations. Guarantor agrees that it may be joined in any
action against Concessionaire in connection with the obligations of Concessionaire under
the Agreement as covered by this Guaranty and recovery may be had against Guarantor
in any such action or City of Evanston may enforce the obligations of Guarantor
hereunder without first taking any action whatsoever against Concessio naire or its
successors and assigns, or pursue any other remedy or apply any security it may hold, and
Guarantor hereby waives all rights to assert or plead at any time any statute of limitations
as relating to the Agreement, the obligations of Guarantor hereunder and any and all
surety or other defenses in the nature thereof.
4. Limitation of Claims; Subordination. Until all of the covenants and conditions in the
Agreement on Concessionaire's part to be performed and observed are fully performed
and observed, Guarantor: (a) shall have no right of subrogation against Concessionaire by
reason of any payments or acts of performance by Guarantor, in compliance with the
obligations of Guarantor hereunder; (b) waives any right to enforce any remedy which
Guarantor now or hereafter shall have against Concessionaire by reason of any one or
more payments or acts of performance in compliance with the obligations of Guarantor
hereunder; and (c) subordinates any liability or indebtedness of Concessionaire now or
hereafter held by Guarantor to the obligations of Concessionaire to City of Evanston
under the Agreement.
5. De Facto Concessionaire. In the event this Guaranty shall be held ineffective or
unenforceable by any court of competent jurisdiction or in the event of any limitation of
liability of Guarantor herein other than as expressly provided herein, then, at the sole
option of the City of Evanston, Guarantor shall be deemed to be a Concessionaire under
the Agreement with the same force and effect as if Guarantor were expressly named as a
joint and several Concessionaire therein with respect to the obligations of Concessionaire
thereunder hereby guaranteed.
6. Amendment or Assignment of Agreement. The provisions of the Agreement may be
changed, modified, amended or waived by agreement between City of Evanston and
Concessionaire at any time, or by course of conduct, without the consent of and without
notice to Guarantor. This Guaranty shall guarantee the performance of the Agreement as
so changed, modified, amended or waived. Any assignment of the Agreement (as
permitted by the Agreement) shall not affect this Guaranty and if City of Evanston
disposes of its interest in the Agreement, City of Evanston, as used in this Guaranty, shall
mean City of Evanston's successors and assigns.
7. Defenses of Concessionaire. Guarantor waives any defense by reason of any legal or
other disability of Concessionaire and any other party to the Agreement, and further
waives any other defense based on the termination of Concessionaire's liability for any
cause, as well as any presentments, or notices of acceptance of this Guaranty, and further
waives all notices of the existence, creation, or incurring of new or additional obligations.
8. No Waiver by City of Evanston. No delay on the part of City of Evanston in exercising
any right hereunder or under the Agreement shall operate as a waiver of such right or of
any other right of City of Evanston under the Agreement or hereunder, nor shall any
delay, omission or
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waiver on any one or more occasions be deemed a bar to or a waiver of the same or any
other right on any other future occasion.
9. Joint and Several Liability. If there is more than one undersigned Guarantor, the term
"Guarantor", as used herein, shall include all of such undersigned and each and every
provision of this Guaranty shall be binding on each and every one of the undersigned and
they shall be jointly and severally liable hereunder and City of Evanston shall have the
right to join one or all of them in any proceeding or to proceed against them in any order.
10. Whole Agreement. This instrument constitutes the entire agreement between City of
Evanston and Guarantor with respect to the subject matter hereof, superseding all prior
oral or written agreements or understandings with respect thereto and may not be
changed, modified, discharged or terminated orally or in any manner other than by an
agreement in writing signed by Guarantor and City of Evanston.
11. Applicable Law. This Guaranty shall be governed by and construed in accordance with
the laws of the State of Illinois.
12. Guarantor's Successors. Guarantor's obligations under this Guaranty shall be binding on
the successors, heirs and assigns of Guarantor. Guarantor shall not be released by any
assignment or delegation by it of its obligations hereunder.
13. Attorneys' Fees. If City of Evanston is required to enforce Guarantor's obligations
hereunder by legal proceedings, Guarantor shall pay to City of Evanston all costs
incurred, including without limitation, reasonable attorneys' fees.
14. Captions. The paragraph headings appearing herein are for purposes of identification and
reference only and shall not be used in interpreting this Guaranty.
15. Interpretation; Severability. It is agreed that if any provision of this Guaranty or the
application of any provision to any person or any circumstance shall be determined to be
invalid or unenforceable, such determination shall not affect any other provisions of this
Guaranty or the application of such provision to any other person or circumstance, all of
which other provisions shall remain in full force and effect. It is the intention of the
parties hereto that if any provision of this Guaranty is capable of two constructions one of
which would render the provision valid, the provision shall have the meaning which
renders it valid.
16. Extensions and Renewals. This Guaranty shall apply to the Agreement, any extension or
renewal thereof and to any holdover term following the term granted in the Agreement or
any extension or renewal thereof.
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ACKNOWLEDGMENT; ENFORCEABILITY. GUARANTOR REPRESENTS AND
WARRANTS TO City of Evanston THAT GUARANTOR HAS READ THIS GUARANTY AND
UNDERSTANDS THE CONTENT HEREOF AND THAT THIS GUARANTY IS
ENFORCEABLE AGAINST GUARANTOR IN ACCORDANCE WITH ITS TERMS.
Printed Name: ___________________________________________
Signature: ______________________________________________
Date: _____________________
Joshua Squire for Bike Chicago Inc.
5/13/2024
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RIDERS AND EXHIBITS
TABLE OF CONTENTS
Rider One Specific Dates and Hours of Operation Including Dates
During which Concession will not be Permitted and Dates
when Attendance is Mandatory.
Rider Two Special Provisions
Rider Three Evanston City of Evanston Regulations for Concessionaires
Operating on City of Evanston Property
Rider Four Evanston City of Evanston Rules and Regulations for
Food
Service in the Park
Rider Five Performance Deposit Terms
Exhibit A Specific Locations to be Utilized and Type and Number
of Structure(s), Stand(s), Cart(s), or Vehicle(s)
Exhibit B Approved Menu, Including Pricing
Exhibit C Concessionaire Design Criteria
Carts, Carts with Hitches and Trailers
Exhibit D Concessionaire Violation – Additional Fines
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RIDER ONE
SPECIFIC DATES AND HOURS OF OPERATION AND OTHER DATES WHERE
ATTENDANCE ON LOCATION IS MANDATORY. DATES IN WHICH
CONCESSIONAIRE IS NOT PERMITTED TO OPERATE.
Dates of Operation / “Operating Season”: Minimally from Memorial Day to Labor Day weekend.
Concessionaire may operate within the dates stipulated in Section 1, Paragraph D of this
Agreement but acknowledges that City of Evanston activities may impede upon concession
operations from time to time. Should Concessionaire desire to conduct operations beyond the
parameters of this Agreement, permission from City of Evanston Associates must be obtained in
advance.
Daily Hours of Operation: Should Concessionaire’s hours of operation change from those listed
below, Concessionaire must notify, and receive permission from, City of Evanston Associates in
advance of those changes. Flexible hours that must fit within the hours the beach is open.
Day Start
Time
End
Time
Additional
Comment
Sunday 10AM 8PM
Monday 10AM 8PM
Tuesday 10AM 8PM
Wednesday 10AM 8PM
Thursday 10AM 8PM
Friday 10AM 8PM
Saturday 10AM 8PM
Concessionaire may reduce hours based on weather and demand. Typical hours of operation, are
10:00am-6:00pm on weekdays and 9:00am-6:00pm on weekends. If under 75 degrees concession
may close. Setup and Closing process typically takes 1 hour.
Dates or Events during which Concessions will not be permitted: Operator cannot conduct
business at this location when in the footprint of events taking place in the vicinity.
Concessionaire shall be required to operate on all dates and during all hours noted above. The
City of Evanston or its designee in its sole and absolute discretion may grant exceptions for
weather conditions or matters of emergency, but such exceptions shall not affect minimum fees
due. Concessionaire must contact and receive approval from the City of Evanston or its designee
at the following telephone number: 847-309-3717 prior to closing or not opening during the
above noted dates and hours of operation.
Mandatory attendance at Concessionaire’s place of business will occasionally be required. The
City of Evanston or its designee may call for a sanitation inspection or location inspection
requiring the attendance of the Concessionaire. Locations requiring an end of season
Winterization Inspection will also require mandatory attendance of the Concessionaire. On
occasions where attendance is mandatory and the Concessionaire fails in the obligation, a
Violation Report shall be filed and an appropriate fine assessed (Exhibit D)
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RIDER THREE
Evanston City of Evanston REGULATIONS FOR CONCESSIONAIRES
OPERATING ON City of Evanston PROPERTY
(1) Personnel. Concessionaires shall provide, at their own cost and expense, a sufficient
number of employees to adequately serve the public; train and closely supervise all
employees so that they consistently maintain and practice a high standard of cleanliness,
courtesy and service. Further, during all times that the Concession is in operation, at
least one employee of Concessionaire who is present at the facility shall have attended
an approved food service sanitation program and received a food service sanitation
completion certificate certifying such attendance. Concessionaires shall provide the City
of Evanston upon its request a complete list of employees assigned to work at the
facility. Such list shall include the employees’ names, addresses, and job titles and shall
state whether each employee is compensated by salary, commission, or both.
Concessionaires shall not employ or otherwise engage any City of Evanston
employee(s) in the operation of the Concession.
(2) Uniforms. All Concessionaire personnel on City of Evanston property shall be required
to maintain minimum uniform requirements. Each individual shall wear uniform shirts
and head wear that meet the following criteria: (i) shirts shall be either a collared golf
shirt or sweatshirt with the Concessionaire’s logo on the left chest or left sleeve (T-shirts
with logo silk screened on front or back are also acceptable), (ii) head wear shall be
either a ball cap, visor or hair net, and (iii) colors of uniform shirts and head wear shall
be submitted to the City of Evanston for written approval. Uniforms must be maintained
in a clean and sanitary condition. No excessively worn or faded clothes will be allowed
and the City of Evanston shall use its sole discretion to determine if Concessionaire’s
uniforms are acceptable. Food handlers may not wear jewelry or watches other than a
plain wedding band.
(3) Deliveries. All deliveries may be brought to the Concessionaire’s Area only at times and
in the manner designated by the City of Evanston, in compliance with all Laws, and
always at the sole risk of the Concessionaires. The City of Evanston may inspect items
brought into the Concessionaires’ Area with respect to dangerous nature or compliance
with this Agreement or applicable Laws. Concessionaires’ use of roadways, paths,
sidewalks, loading, parking, and service areas shall be subject to approval by the City of
Evanston. Parking or driving of delivery vehicles on City of Evanston grass is
strictly prohibited for any purpose.
(4) Trash. All garbage, refuse, trash, and any other waste resulting from the operation of a
Concession must be kept in the kind of container, placed in the areas, and prepared for
collection in the manner and at the times and places specified by the City of Evanston.
Maintenance and trash removal must be completed on a daily basis or more frequently if
required to maintain a neat, orderly environment. Garbage shall be put into
environmentally acceptable plastic bags and deposited in the steel cans provided by the
City of Evanston. Concessionaires shall police and maintain the area within one
hundred
(100) feet of the Concessionaires’ Area for all such refuse generated by its Concession,
including as a result of Concessionaire’s activities or events, by patrons and the general
public alike. If the City of Evanston shall provide or arrange for such service,
Concessionaires shall pay Concessionaires’ proportionate share of the cost thereof (or
such other share as the Park
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District may fairly and reasonably determine) to the City of Evanston on or before the
first day of each calendar month in advance. Costs for such cleaning will be added to
the Fees to be paid by the Concessionaire. The City of Evanston reserves the right to
require Concessionaire to secure and utilize a private trash hauler.
(5) Cleanliness. Concessionaires shall maintain, in a clean, sanitary, sightly, orderly, and
inviting condition satisfactory to the City of Evanston their facilities and the area within
one hundred (100) feet of their facilities.
(6) Pest Control. Concessionaires shall use, at Concessionaires’ sole cost, such pest and
rodent extermination contractor as the City of Evanston may direct and at such intervals
as either may require. Concessionaires shall provide the City of Evanston with evidence
of their compliance with this provision within three (3) days after written notice from the
City of Evanston. In the alternative, from time to time, the City of Evanston may arrange
for pest control (in which case, Concessionaires shall pay their proportionate share of the
cost thereof, or such other share as the City of Evanston may fairly and reasonably
determine to the City of Evanston on or before the first day of each calendar month in
advance).
(7) Graffiti Removal. Concessionaires shall maintain their facilities free of any graffiti at
all times during tenant operating agreement, within 24 hours of identified graffiti, at
Concessionaires’ cost. Concessionaires’ obligations hereunder shall include but not be
limited to Concessionaires’ walls, storefront, equipment, trade fixtures, security panels,
ceilings, entrances and doors, signs, interior and exterior decorations, service counters or
other areas which comprise the Concessionaires’ facilities.
(8) Locks and Keys. Upon Concessionaire’s right to operate or termination of this
Concession Permit Agreement, Concessionaires shall provide the City of Evanston all
keys, and in the event of the loss of such keys shall pay the City of Evanston for the cost
to replace or to change the locking system or mechanisms remaining in place at the
Concessionaires’ Area. Concessionaire must provide the City of Evanston’s Designee
three (3) keys for every lock that is required to gain entrance into Concessionaire’s
permanent facility, kiosk, or trailer. Failure to do so will result in a violation and a fine
assessed (Exhibit D).
(9) Trade name and Trademarks. Concessionaires shall use no symbol, design, name,
mark, picture, likeness, or insignia adopted by the City of Evanston without the prior
written consent of the City of Evanston.
(10) Going-Out-Of-Business Sales and Auctions. Concessionaires shall not use, or permit
any other party to use, the Concessionaires’ Area for any distress, fire, bankruptcy,
close- out, “lost our lease”, or going-out-of-business sale or auction. Concessionaires
shall not display any signs advertising the foregoing anywhere in or about the
Concessionaires’ Area. This prohibition shall also apply to Concessionaires’ creditors.
(11) Common Park Areas. Concessionaires shall not use common park areas, including
areas adjacent to the Concession facilities, for any purpose other than ingress and egress,
and any such use thereof shall be subject to the terms of their Concession Permit
Agreement, and the City of Evanston Code and Regulations. Without limiting the
generality of the foregoing, Concessionaires shall not use the common park areas to
canvass, solicit business or information from, or distribute any article or material to,
other Concessionaires, users, patrons, or visitors to City of Evanston property.
Concessionaires shall not allow anything to remain in any passageway, sidewalk, court,
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path, roadway, corridor, patio, entrance, exit, or other area outside of the
Concessionaires’ Area.
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(12) Signage. Concessionaire shall display at the concession location at all times the
required Evanston Department of Health certificate or Authority license.
Concessionaires shall place no sign or advertisement upon any property of the City of
Evanston or upon any vehicle operated by Concessionaire or any structure, stand, trailer,
or cart occupied by it under the terms of their Concession Permit Agreement except as
shall first have been approved in writing by the City of Evanston. The Concessionaires
shall provide the standard signage panel, which complies with the criteria set forth in
their Concession Permit Agreement. The standard sign panel shall be incorporated into
the Concessionaires’ facility in proportion to the size of the facility. The City of
Evanston will determine the final Concessionaires’ signage size and sign panel
proportion to the facility. The area designated as the Concessionaire’s Signage Area is
defined as the area between the City of Evanston logo and the sponsorship logos.
Concessionaires’ signage will be limited to this area and is limited to the specific trade
name identified in the Concession Permit Agreement. In addition, the Concessionaire
shall be required to display at all times a standard sign stating the dates and daily
hours of operation as outlined in Rider One. The dates and daily hours of operation
sign shall be incorporated into the Concessionaire’s facility in proportion to the size
of the facility. Signage other than signs approved by the City of Evanston will not be
permitted in any other locations.
(13) Product Price Board. Concessionaires shall provide a singular product price board,
attractively designed and professionally fabricated, listing all the products or services
available and the cost of these items. The board is to coordinate with the appearance and
design of the facility. The product price board must contain the Concessionaires’ hours
of operation as provided for in the Concession Permit Agreement. In addition, the
product price board must contain the telephone number designated by the City of
Evanston for the public to contact in the event a sales receipt was not issued by the
Concessionaires or to communicate about service, cleanliness, or conduct of employees
of the Concessionaires. The product price board and the installation location shall be
reviewed and approved in writing by the City of Evanston prior to fabrication.
Additional signage including but not limited to: handmade signs; product photographs;
today’s special items; banners; non- professionally designed or fabricated signs of any
type, are not permitted for use unless specifically approved by the City of Evanston in
writing.
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(14) Prohibited Activities. Concessionaires shall not: (i) solicit gratuities from customers
at any time in any manner; (ii) use strobe or flash lights in or on City of Evanston
Property or in any signs therefore, (iii) use, sell, or distribute any leaflets, handbills,
bumper stickers, other stickers or decals, balloons or other such articles at the
facility(or other areas of City of Evanston property), (iv) operate any loudspeaker,
television set, phonograph, radio, CD player or other musical or sound producing
instrument or device so as to be heard outside the facilities, (v) make or permit
objectionable noise, vibration or odor to emanate from the facilities or any equipment
serving the same, (vi) do or permit anything to be done upon the Concessionaires’ Area
in any way tending to disturb, bother or annoy any other Concessionaires or visitors of
City of Evanston property or the occupants of neighboring property.
(15) Roof and Projections. Concessionaires shall not install any aerial, antennae, satellite
dish or any other device on the roof, exterior walls, canopy, or other areas of the
facilities without the written consent of the City of Evanston.
(16) Unattended Concessionaire’s Area. Before leaving the facilities unattended,
Concessionaires shall secure all doors or other means of entry to the facilities and shut
off all lights (except signs required to be illuminated, if any), water faucets and other
utilities in the facilities (except heat to the extent necessary to prevent the freezing or
bursting of pipes). This provision shall not imply that the Concessionaires may leave
their facilities unattended in violation of the operating requirements set forth in their
Concession Agreement.
(17) Plumbing Equipment. The toilet rooms, urinals, washbowls, drains and sewers and
other plumbing fixtures, equipment and lines shall not be misused or used for any
purpose other than that for which they were constructed and no foreign substance of
any kind whatsoever shall be thrown therein, and Concessionaires shall properly install,
maintain, clean, repair and replace adequate grease traps.
(18) Utility Equipment. All utility equipment of Concessionaires such as portable
generators, propane tanks, battery systems, cables, lines, and other such equipment
shall be placed only in those areas as specified and approved in writing by the City of
Evanston.
(19) Security. All security personnel of Concessionaires (or contractors who provide such
service for Concessionaires) must be approved by the City of Evanston and shall be
required to adhere to the security policies and guidelines established by the City of
Evanston and the Evanston Police Department, which may be revised from time to
time.
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(20) Parking. Parking on grass is strictly prohibited. Concessionaires and their
employees shall park their cars only in those portions of parking areas, which are also
intended for the use of the general public. At the request of the City of Evanston,
Concessionaires shall submit a list containing the description and automobile license
numbers (and state of issuance) of the cars of Concessionaires and its employees within
five (5) days after such request. The City of Evanston reserves the right to adopt
additional requirements pertaining to parking from time to time.
(21) Elevator/Escalator Maintenance and Repair. Concessionaires shall maintain any
elevators and escalators that exclusively serve their Concession. The City of Evanston
may request Concessionaires to verify compliance with this provision.
(22) Responsibility for Compliance. Concessionaires shall be responsible for ensuring
compliance with these Regulations, as they may be amended, by Concessionaires’
employees and as applicable, by Concessionaires’ agents, invitees, contractors,
subcontractors, and suppliers.
(23) Goods and Services. Concessionaires shall assure that all goods and services sold to
the public are of the best quality.
(24) Tips. Concessionaire shall not solicit tips from customers. However, customers may
voluntarily add a tip to the transaction via point of sale.
The City of Evanston has the right to terminate the Concession Agreement to which this Rider is
attached immediately upon written notice to Concessionaire upon any action or failure to act in
violation of any of the terms of this Rider.
EMPLOYEE PRACTICES
a. Employees may consume food only in designated areas.
b. Employees shall not smoke, chew, or use tobacco in any form while on duty
c. Employees shall maintain a high degree of personal cleanliness
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RIDER FIVE
PERFORMANCE DEPOSIT TERMS
(1) Deposit Amount and Due Date. At the execution of this agreement, prior to opening
for business, Concessionaire shall pay a performance deposit as stated in Section I,
Paragraph I to the City of Evanston in addition to the fees required by other sections of
this agreement. The terms and requirements in Paragraph 3 of this Rider Five apply to
all concessionaires even if no performance deposit is required.
(2) Purpose and Use of Deposit. This annual performance deposit is collected to secure
the proper performance under the concession permit agreement and/or payment of fines
that may be assessed against Concessionaire for violations of the requirements of this
Agreement or damage to City of Evanston property.
(3) Violations and Fines. After Concessionaire is authorized by the City of Evanston or its
designee and, for all food/beverage concessions, by the City of Evanston Health
Authority, to open for business at the beginning of each operating season, the City of
Evanston or its designee will conduct frequent compliance inspections throughout the
course of the season. For the first two occasions per location per year, when the City of
Evanston or its designee issues a Concessionaire Violation Report as a result of an
inspection, no fine will be assessed. Upon the third and each succeeding occasion,
however, a fine of two hundred dollars ($200.00) will be assessed per violation report.
Payment of these fines will be due fifteen (15) days after issuance of the related
Concessionaire Violation Report. Failure to pay penalty fees on time is sufficient cause
to deem the non-payment a material breach of this Agreement. The City of Evanston or
its designee may, but will not be required to, deduct such fines from the performance
deposit, if any. Upon each deduction from the performance deposit, if any, the
performance deposit will be brought back up to the full four hundred dollars ($400.00)
within five (5) days of the deduction.
Other violations shall result in a fine on the first offense see (Exhibit D).
(4) Refund of Performance Deposit. At the conclusion of each operating season, any
balance remaining from Concessionaire’s Performance Deposit shall be returned to
Concessionaire, if the following conditions are met:
(a) the Concession(s) authorized by this Agreement has/have been shut down and
is/are to remain closed for the remainder of the calendar year; and
(b) the City of Evanston or its designee is satisfied that Concessionaire has
fulfilled all of its obligations to date as required by this Agreement.
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EXHIBIT A
SPECIFIC LOCATIONS TO BE UTILIZED AND TYPE AND NUMBER
OF STRUCTURE(S), STAND(S), CART(S) OR VEHICLE(S)
List of Rental Equipment
● 1x POP ( 63” x 16.5” + 41” x 17.5” - L shape) stand and table with a small storage
cabinet (59.06"L x 28.74"W x 27.17"H)
● Up to 75 lounge chairs and 75 umbrellas
● Up to 25 small beach folding chairs
● 15 e-bikes, extending the current bike racks by 30ft.
Equipment to be at Clark Street Beach only
1811 Sheridan Rd, Evanston, IL 60201
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E-bike rental
View of Clark Street Beach Bike Racks. Red line indicates the location of the bike racks.
This will extend the current bike racks by 30ft.
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EXHIBIT B
APPROVED MENU, INCLUDING PRICING
Concessionaire to provide Menu with pricing.
List of Rental Equipment
● 1x POP ( 63” x 16.5” + 41” x 17.5” - L shape) stand and table with a small storage
cabinet (59.06"L x 28.74"W x 27.17"H)
● Up to 75 lounge chairs and 75 umbrellas
● Up to 25 small beach folding chairs
● 15 e-bikes, extending the current bike racks by 30ft.
E-Bike Rental Comparison
Duration Rates
1 hr $15
2 hrs $30
4 hrs $45
8 hrs $75
Beach Chair and Umbrella Rentals Fees
Rental Items Duration Fee
Folding Beach Chair All Day $10
Lounge Chair All Day $20
Umbrella All Day $25
Combo: Chair and Umbrella All Day $40
Sunset Special: 2 chairs and
1 umbrella
3pm to 6pm $25
Unlimited Summer Pass
(Chair and Umbrella)
All Summer $299
Discounted Beach Rental Rates
● Senior 65+ and Military Discounts: 15% OFF
● Qualified City Benefits Participants: 50% OFF
○ Via the Access Evanston Program
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EXHIBIT C
CONCESSIONAIRE DESIGN CRITERIA CARTS,
CARTS WITH HITCHES AND TRAILERS
I. Introduction
The following criteria govern the Concessionaire’s design and installation of a cart or cart with hitch and
trailers as part of a comprehensive program for the City of Evanston. The program is intended to serve the
crowds, which frequent the beaches - as well as activity areas of Evanston’s Parks. The program described
by these criteria is composed of different types of Concessionaire’s equipment accommodating different
types of products. The first is a cart designed to be relocated from a Concessionaire provided storage area
to its operating location. The second is a cart with hitch with components suitable for towing behind an
automobile to its operating location. The third is an enclosed trailer, which will be towed to its operation
location.
The Concessionaire is to provide a cart, cart with hitch or trailer which complies with these design criteria,
the Concession Agreement; the City of Evanston building codes; City of Evanston requirements; and
Evanston Health Department requirements. The City of Evanston will provide to the Concessionaire: a
designated operating location and Concessionaire rules and regulations for operation (Rider Three).
If the Concessionaire has an existing cart, cart with hitch, trailer or other equipment or type of vehicle it
would like to retrofit to comply with this program, photographs along with a specific description of the
modifications proposed for compliance are to be presented to the City of Evanston for review and approval.
If the Concessionaire is proposing to use a City of Evanston facility currently in existence or is proposing
another solution, which is not covered by these criteria, City of Evanston written approval is required prior
to implementation.
II. Design Criteria
Appearance Requirements
The Concessionaire’s facilities are to be designed and provided by the Concessionaire to comply with these
criteria. Refer to the attached “Construction for Mobile Food Units” for more information regarding
requirements of facilities as part of this program. In order to comply with City of Evanston requirements,
the program requires a consistent appearance for the Concessionaire to provide an attractive image for the
context of the City of Evanston. The City of Evanston shall maintain approval rights over the
Concessionaire’s design, signage, finishes, color scheme and appearance of the Concessionaire equipment
or facility. The City of Evanston reserves the right to change design criteria at any time. The City of
Evanston shall be the sole interpreter of acceptable facilities and the appearance conformance with these
criteria.
Finishes/Materials
As the Concessionaire’s carts, cart with hitches and facilities will be operated in an outdoor location and
may need to be relocated daily, (unless a permanent, existing City of Evanston or trailer facility) finishes
and materials must be highly durable, as well as comply with City of Evanston requirements.
Cart Design
This unit is designed to be rolled from its operating location to a Concessionaire provided storage location
within the City of Evanston (if available) or to be loaded into a Concessionaire provided vehicle to be
transported to a Concessionaire provided storage location remote from the City of Evanston. The body of
the cart is to be primary color that must be approved in writing by the City of Evanston and have protective
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corner angles. The canopy shall be supported by four metal supports, one at each corner of the cart. Wheels
must be concealed with black latex (see attachment); exposed decorative wheels must be approved in
writing by the City of Evanston. An awning shall be provided above to entirely cover the cart and must be
approved in writing by the City of Evanston.
Cart with Hitch Design
This unit is designed to be towed behind the Concessionaire’s vehicle from its operating location to a
Concessionaire provided remote storage location outside of the City of Evanston. The cart with hitch
design shall incorporate fold down matching panels to conceal the tires, suspension, fenders, Agreement
plate, tail lights and hitch components of the cart with hitch when in operation. When relocated, the panels
are to fold up exposing these components that are to be designed to comply with the Illinois Department of
Transportation. Adjustable retractable legs shall be provided at corners to stabilize and support the cart
with hitch when it is in operation. Refer to Attachment Two for more information regarding a conceptual
design, which complies with these criteria.
Trailer
This unit is envisioned to be a semi-permanent mobile trailer unit, which will be towed behind the
Concessionaire’s vehicle to its designated operation location. The trailer is to be installed, anchored in
place, removed and maintained in accord with the Agreement. The trailer is to incorporate elements similar
to the balance of the program to create a unified appearance. These include a canvas canopy over metal
support framework, standard signage panel and black latex to conceal all trailer wheels. All trailers must be
approved in writing by the City of Evanston.
All Carts and Carts with Hitches must be approved in writing by the City of Evanston.
For facilities other than carts and cart with hitches, contact the City of Evanston for additional information
and requirements.
Awnings, Umbrellas and Canopy Colors
The awnings, umbrellas and canopy colors must be approved in writing by the City of Evanston. The
Concessionaire is required to submit a material sample of the canvas plus drawings with dimensions to the
City of Evanston for review and approval prior to fabrication and installation.
The City of Evanston and City of Evanston shall not be held responsible for any recommended awning
contractors. They may be recommended as a convenience for the Concessionaire only
Signage and Drawing with Dimensions
The Concessionaire identity signage is to be tastefully designed by the Concessionaire to comply
with these criteria. The Concessionaire is required to submit a drawing or mock-up with dimensions to
the City of Evanston for review and approval prior to fabrication and installation.
The standard sign panel shall be incorporated into the Concessionaire’s cart, cart with hitch, trailer,
building or other facility design in a manner to be attractively in proportion to the size of the facility. The
final Concessionaire signage size and sign panel proportion to the Concessionaire facility will be
determined by the City of Evanston. The area designated as the “Concessionaire Signage Area” is defined
as the area between the City of Evanston logo and the sponsorship logos. Concessionaire signage will be
limited only to this area and is limited to the specific trade name identified in the Agreement. In addition,
the Concessionaire shall be required to display at all times a standard sign stating the dates and daily
hours of operation as outlined in Rider One. The dates and daily hours of operation sign shall be
incorporated into the Concessionaire’s facility in proportion to the size of the facility. Signage will not
be permitted in any other location. Logos and other graphics are permitted for use only in the
Concessionaire signage area as approved by the City of Evanston. The Concessionaire’s signage type face,
color scheme and logo shall be attractively designed, integral and visually related to the design of the cart,
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cart with hitch or facility and must be submitted to the City of Evanston for written approval before
installation.
The Concessionaire is to obtain the sign panel from a sign contractor at Concessionaire’s expense. The sign
contractor should provide a sign panel for the Concessionaire to attach to the cart, cart with hitch, or other
facility in the approved location. The City of Evanston shall not be held responsible for any recommended
sign contractors. They may be recommended as a convenience for the Concessionaire only
Concessionaire Identity Signage Materials
All signage is to be non-illuminated unless approved by the City of Evanston in writing. Permitted signage
options for cart, cart with hitch, trailer, building or other facility identity signage are to be professionally
applied to the standard signage panel by: painting using silk-screening techniques; or by use of vinyl die
cut letters applied to the white opaque sign panel surface. For existing City of Evanston facility signage
applications or other facilities not anticipated by these criteria, contact the City of Evanston for
information.
Product Price Board
The Concessionaire shall provide a singular product price board, attractively designed and professionally
fabricated, listing all the products or services available and the cost of these items. The board is to
coordinate with the appearance and design of the facility. In addition, the product price board must contain
the website address of the managing agent for the public to contact about service, cleanliness, or conduct of
employees of the Concessionaire. The web site address posted shall be https://parkconcessions.com. The
product price board and the installation location shall be reviewed and approved by the City of Evanston
prior to fabrication. The lettering on the menu board should be in readable font.
Additional signage including but not limited to: handmade signs; product photographs; today’s special
items; banners; non-professionally designed or fabricated signs of any type, are not permitted for use
unless specifically approved by the City of Evanston in writing.
Storage Location
The Concessionaire is responsible for storage of the cart or cart with hitch when it is not in use. Similarly,
at the end of the designated operating period, trailers will be required to be relocated to a Concessionaire
storage location. Relocation of facilities on City of Evanston property shall comply with City of Evanston
requirements and the rules and regulations as determined by the City of Evanston. The City of Evanston in
some instances may make available an area for Concessionaire cart storage. The availability of storage
areas for Concessionaire use, if any, must be coordinated with the City of Evanston on a case-by-case basis
depending on location and the facilities available in the area.
The Concessionaire is to provide the following, which shall not be limited to: its own cleaning products;
shelving for storage; refrigeration as required for its operation; security for cart and accessory storage.
Food Cart Sanitary Facilities
Depending on the type of food handling performed by the Concessionaire, the cart, cart with hitch or trailer
shall provide integrated sanitary facilities such as a hand sink, hot water, clean water storage tank and
soiled water storage tank and any other facilities as may be required by the City of Evanston and other
jurisdictions. The cart will be required to pass a City of Evanston inspection prior to being placed in
operation.
Utilities
The Concessionaire is to coordinate with the City of Evanston to determine utilities available at the
operating location, or if any such utilities are available. If utilities are unavailable at the operating location,
the Concessionaire may utilize the following Concessionaire supplied sources: battery power, to be
recharged from a Concessionaire provided power source away from the operating location; propane,
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utilizing approved tank handling and storage methods; electric generators located nearby the operating
location. If utilities are unavailable or insufficient at the operating location, the Concessionaire may request
that the City of Evanston upgrade or install utility feeds at Concessionaire’s expense to be paid up-front to
the Evanston City of Evanston. Upon receipt of payment, City of Evanston will proceed with installation.
Concessionaire is not allowed to directly or indirectly perform any utility installation or upgrade work,
unless a permit is obtained from the Capital Construction department of the City of Evanston. All utility
usage will comply with the rules and regulations established by the City of Evanston for such equipment.
Telephone
Telephone service shall not be provided by the City of Evanston. The Concessionaire will provide cellular
phone service at the food cart location at all times.
Operation Location Surroundings
Additional merchandising, signage, accessories or any other items shall not be permitted around the
Concessionaire’s operating location or within common park areas. A single chair or chairs as approved by
the City of Evanston shall be permitted directly adjacent to the cart for each cart operator(s) use.
Operator(s)
All Concessionaires shall obtain all licenses and necessary permits prior to installing or operating a cart,
cart with hitch, trailer or other facility. All food operators are to obtain a Food Service Sanitation
Certificate, for at least two employees, from an approved training source and are to comply with the City of
Evanston, Health Department and any other jurisdictions in operating a food concession at all times.
Product Display
Product display is to be attractively and professionally arranged and is limited to the approved surfaces
contained within the cart, cart with hitch, trailer and facilities. Additional display or storage in the common
park areas around the facility is not permitted.
For food operations, the methods of dispensing condiments, utensils, napkins and other products will be
reviewed as part of the design submission to the City of Evanston The Concessionaire is to anticipate the
needs of the food service or other Concessionaire operation and provide a comprehensive system integrated
into the cart design. Tupperware containers, cardboard boxes, plastic bags or other similar dispensing
methods will not be permitted.
Lighting
For operation after dusk, in accordance with the Agreement, the Concessionaire’s carts, cart with hitches
and facilities shall provide incandescent lighting in concealed locations to permit operation by the
Concessionaire. Lighting shall not be directed into the eyes of customers and shall be low glare type
directed at work surfaces. Refer to the utility section of this Exhibit for information about power sources to
be provided by the Concessionaire.
III. Submission Requirements
Concessionaires shall submit one sepia set and one blueprint set of drawings prior to new cart, cart with
hitch and facility fabrication or construction including canopy material samples for approval by the City of
Evanston. The submission is to identify all aspects of the appearance and construction techniques for the
City of Evanston written approval prior to fabrication. The Concessionaire’s submission is to describe:
food service equipment types and appearance; utility needs and supply methods; signage design and
location; product price board design and location; chair appearance; lighting methods and if permitted,
additional customer seating, tables and umbrella selections.
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For existing Concessionaire facilities desired for reuse and retrofitting, the Concessionaire is to submit
photographs along with a description of the scope proposed to update the equipment to be in compliance
with these criteria to the City of Evanston for review and approval. For existing City of Evanston facility
modifications, contact the City of Evanston to determine the scope of work required and the specific
submission requirements based upon the type of facility.
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Upon obtaining the City of Evanston approval, the Concessionaire will submit drawings of new cart, cart
with hitch, or trailer fabrication as well as existing facility modifications to the City of Evanston and to any
other jurisdiction as required by law for approval prior to fabrication or construction. The Concessionaire is
responsible for all permits and Agreements required for installation and operation in the City of Evanston.
IV. Installation and Commencement of Operations
The facility may be installed, (or in the case of existing City of Evanston facilities, modifications may
begin) and operations may commence upon: full execution of an Agreement between Concessionaire and
the City of Evanston; upon receipt of full approval from the City of Evanston building department, City of
Evanston or other jurisdictions; upon receipt of the City of Evanston approval for the appearance and
design of the Concessionaire facility and accessories; when operating insurance required by the Agreement
is provided and in the case of food operations, inspections of all jurisdictions have been performed and
approvals received. Commencement of operation may not begin until all of the above has occurred.
Maintenance Requirements
The facility components shall be maintained by the Concessionaire at all times during operation. Facilities
shall remain free of stickers, decals, signage, striping, graffiti, logos, banners, writing, etc. except as
required or specifically approved by the City of Evanston. Facilities shall be refurbished or replaced at the
Concessionaire’s expense when they no longer maintain an acceptable appearance level at the sole
discretion of the City of Evanston.
Anchoring
Due to weather conditions the Concessionaire shall be responsible for properly anchoring the cart or cart
with hitch in its operating location to prevent damage from high winds which may disrupt or overturn the
cart or cart with hitch. Any damage will be the Concessionaire’s responsibility to repair or replace as
necessary.
Customer Seating
Concessionaire’s provision for tables and chairs for customer seating adjacent to the designated operation
location will be approved on a case-by-case basis by the City of Evanston in advance of installation, if
permitted. Concessionaire will be required to submit table, chair and umbrella selections for approval and
will be responsible for maintenance, storage and replacement as identified as part of the Agreement.
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EXHIBIT C (Continued)
CONSTRUCTION RULES AND REGULATIONS FOR
MOBILE FOOD UNITS
PURSUANT TO
THE Evanston City of Evanston CODE – ORDINANCE 19-3
BASIC PRINCIPLES
These rules and regulations for all mobile food units, which operate within the Evanston City of
Evanston, include the basic principles of design, construction, and performance necessary for food
protection and cleanability. These rules and regulations shall serve as a guide and in no way shall restrict
new design if the design does not fall below the minimum specifications.
MINIMUM REQUIREMENTS: Variations from these minimum requirements may be permitted when
they make units more resistant to wear, corrosion, or more easily cleanable.
ALTERNATE MATERIALS: If specific materials are mentioned, other materials equally satisfactory
from the standpoint of sanitation and protection of food may be permitted.
DEFINITIONS
ACCESSIBLE: Fabricated to be exposed for cleaning and inspection using simple tools (screwdriver,
pliers, open-end wrench, etc.).
READILY ACCESSIBLE: Fabricated to be exposed for cleaning and inspection without using tools.
CLEANING: Physical removal of residues of food, ingredients, and other soiling materials.
EASILY CLEANABLE: Readily accessible and fabricated of materials, designed, and constructed so
soil is removed by normal cleaning methods.
CLOSED: Fabricated with no openings exceeding 1/32 inch (0.8mm).
COATING: Inorganic and/or organic layer of material applied to the surface of a substrate.
CORROSION RESISTANT: Capable of maintaining original surface characteristics under prolonged
contact with the use environment, cleaning compounds, and sanitizing solutions.
COVER: Protective device for a horizontal opening.
DOOR: Protective device for a vertical opening.
FROZEN DESSERT: Any frozen or partially frozen combination of two or more of the following: milk
or milk products; eggs or egg products; sugar; water; fruit or fruit juices; candy, nut meats; or other safe
and wholesome food products, flavors, stabilizers, or colors. The term shall include ice cream, frozen
custard, ice milk, milk sherbet, ices, and similar products.
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POTENTIALLY HAZARDOUS FOOD: Any food that consists in whole or in part of milk, milk
products; eggs, meat, poultry, fish, shellfish, edible crustacean or other ingredients (including synthetic)
in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
The term does not include clean, whole, uncracked, odor-free shell eggs, or food having a pH level of 4.6
or less, or a water activity value of 0.85 or less under standard conditions.
SMOOTH: A surface free of pits, scratches, and inclusions.
FOOD ZONE: Surfaces which the food normally contacts, and those surfaces from which the food may
drain, drip, or splash back onto surfaces normally in contact with food.
SPLASH ZONE: Surfaces other than the food zone subject to routine splash spillage, or other soiling
during normal use.
NONFOOD ZONE: Exposed surfaces other than food or splash zone.
MATERIALS
GENERAL: Materials shall withstand normal wear, penetration of vermin, corrosive action of food,
beverages, cleaning compounds, and other elements in the use environment. Materials shall not impart an
odor, color, taste, or toxic material to the food.
FOOD ZONE: Surface materials in the food zone shall be smooth, corrosion resistant, nontoxic (the
requirements of the Federal Food, Drug and Cosmetics Act, as amended, shall be used as a general guide)
stable, and nonabsorbent under use conditions. They shall not impart an odor, color, taste, or contribute
to the adulteration of food. Polyethylene shall be considered acceptable for ice pans or bins. Cold plates
constructed integrally with ice bins shall have a surface free of pits and voids, and cleanability at least
equal to rotationally molded polyethylene.
SPLASH ZONE: Splash zone shall be smooth, easily cleanable, and corrosion resistant, or rendered
corrosion resistant with a material which is noncracking and nonchipping.
NON-FOOD ZONE: Non-food contact zones shall be smooth. They shall be corrosion resistant or
rendered corrosion resistant. Non-food zone coatings shall be non-cracking and non-chipping.
SOLDER: Solder on food contact surfaces shall be formulated to be nontoxic and corrosion resistant
under use condition. Solder shall be free of cadmium, antimony, bismuth, lead, or other toxic materials.
GASKETS: Gaskets shall be a resilient rubber, rubber-like materials, or plastics. They shall be nontoxic,
stable, odor free, nonabsorbent, and unaffected by exposure to food and cleaning compounds.
BREAKER STRIPS: Exposed breaker strips shall be nontoxic, corrosion resistant, odor free,
nonabsorbent, and stable.
DRAWERS: Drawers and containers intended only for utensil storage shall meet the material
requirements for Splash Zone. Drawers with food contact surfaces shall meet the requirements for Food
Zone.
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DESIGN AND CONSTRUCTION
GENERAL: Mobile food units shall be fabricated to exclude vermin, dust, dirt, splash, and spillage
encountered under normal intended use, and shall be easily cleaned, maintained, and serviced. Design
and construction shall minimize the potential of cross-contamination.
CLEANABILITY: Food contact surfaces shall be readily accessible and easily cleanable when
assembled or removed. Demountable parts shall be readily removable.
When food contact surfaces are not readily removable and in-place cleaning is intended, tubing, pipe,
fittings, and valves shall be arranged so cleaning and sanitizing solutions can be circulated under pressure
throughout the fixed system. The solutions shall contact all interior surfaces. The system shall be self-
draining or otherwise completely evacuated. The manufacturer’s recommended cleaning procedures shall
result in thorough cleaning of the equipment. Equipment and appurtenances designed for in-place
cleaning shall have a section of the system accessible for inspection or other acceptable inspection
methods provided.
INTERNAL CORNERS OR ANGLES: Internal corners or angles shall have rounded corners and angles
where it will make cleaning easier.
EXTERNAL CORNERS OR ANGLES: Exposed external corners or angles shall be sealed and smooth.
SOLDERING: When solder is used it must not be cracked or chipped. The resulting surface shall be
smoothed. Flux and catalytic material shall be neutralized and removed.
WELDING: Welded areas in surfaces requiring routine cleaning shall be smooth.
JOINTS AND SEAMS: Joints and seams shall be sealed and as smooth as the surfaces being joined.
Where feasible and practical, equipment or parts in the food zone shall be stamped, extruded, formed, or
cast in one piece.
FASTENING METHODS: Exposed threads; screw, bolt, and rivet heads; nuts; and studs shall be
eliminated from the food zone.
SPLASH AND NON-FOOD ZONES
GENERAL: Mobile food units shall be fabricated to minimize retention of moisture and dust, shelter of
insects and vermin and dirt, and facilitate inspection, servicing, maintenance, and cleaning.
JOINTS AND SEAMS: In the splash zone, joints and seams shall be sealed and made smooth. Dirt-
catching horizontal ledges shall be eliminated. Joints and seams in the nonfood zone, where exposed to
seepage and condensation, shall be sealed and made smooth.
FASTENING METHODS: In the nonfood zone, threads, projecting screws, and studs shall be used in
exposed locations only when other fastening methods are impractical. They shall be eliminated from the
splash zone. Exposed rivet, screw, or bolt heads in the splash zone shall be low profile.
SOLDERING: When solder is used it shall not be cracked or chipped, and the surface shall be smoothed.
Flux and catalytic material shall be neutralized and removed.
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GENERAL
REINFORCING AND FRAMING: Reinforcing and framing members not totally enclosed or within
walls shall be easily cleanable. Framing and reinforcing members shall be fabricated to prevent
harborage of insects and vermin. The ends of hollow sections shall be closed. Horizontal angle
reinforcing shall not be used where debris may accumulate. Where angles are used horizontally, they
shall have one leg turned down if the equipment permits, or be formed integral with sides for use with
removable shelves or drawer slides. Vertical channel sections shall be completely closed or open to the
floor.
FIXED PANELS: Fixed panels shall be designed, constructed, and fastened to minimize projections and
openings.
INSPECTIONS AND MAINTENANCE PANELS: Where necessary for inspection and maintenance,
readily removable panels shall be provided. They shall be sized for the purpose intended and constructed
so one person can handle them. Removable panels shall conform to applicable construction requirements
for the zone in which used.
LININGS: Bottoms or gutters of linings in fixtures requiring drainage shall be self-draining.
DOORS: Doors shall fit and close properly. Doors and covers to enclose openings and provide access to
interior compartments shall be single or double panel construction. Sliding doors, when used, shall slide
freely and be readily removable. Hinges in the food or splash zone shall be easily cleanable in place or of
simple take-apart design and construction. Continuous (piano) hinges are not permitted in the food or
splash zones.
SINGLE PANEL: Single panel doors shall be fabricated to minimize a collection of foreign matter, and
if possible, be designed without channel sections at the bottom. Channel sections, if used, shall be
inverted, or shallow and wide enough to be easily cleanable. Clean-outs shall be provided in channels,
which are not inverted.
DOUBLE PANEL: Double panel doors shall be fabricated to minimize the collection of foreign matter.
Insulated sections shall be sealed when moisture may damage the insulating material.
DOOR TRACKS AND GUIDES: Bottom tracks and guides for doors shall be fabricated to minimize the
collection of condensation and debris, and be easily cleanable. Deep-type bottom channel tracks shall not
be used. The following are examples of design features complying with this requirement:
a. clear open slots, continuous or at intervals;
b. clean-out holes at ends of track or guides;
c. tracks or guides terminating at least ½ inches short of framing at each end;
d. tracks or guides formed integral with interior bottoms and without square corners;
e. readily removable T strips in channel-type bottom tracks.
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EXPOSED EDGES AND NOSINGS: Exposed edges and nosings on horizontal surfaces shall be integral
with tops, regardless of profiles. Where exposed to fingers and cleaning, they shall be made smooth.
Nosings shall be open ¾ inch or completely closed against the body of the unit on all sides to prevent
harborage of insects and vermin. Where edges of tops or shelves are flanged down and turned back, the
return under flange shall be less than ½ inch and angles down. The space between the top and the flange
shall be at least ¾ inch. The space between the sheared edge and frame angle and cabinet body shall be at
least ¾ inch to provide access for cleaning.
FIELD JOINTS: Field joints shall be made sanitary using trim strip welding, soldering, properly
designed draw fastening, or other methods. Field joints shall be smooth, designed to minimize retention
of soil, strong enough to insure against breaking open in normal use, and comply with joint and seam
requirements for the applicable zone.
OPENINGS AND RIMS (FOOD ZONE): To prevent seepage, top openings over food zones shall be
protected by a raised rim at least 3/16 inch above the level to which liquids may accumulate.
OPENINGS TO FOOD ZONES: Openings to food zones shall be protected to prevent contamination of
the food. The protection shall prevent seepage, condensation, or spillage from entering the food zone.
COVERS FOR OPENINGS TO FOOD ZONES: Covers to protect the food zone shall have a flange,
which overlaps the opening, and shall be sloped to provide drainage from the cover surface. Any port
opening through the covers shall be flanged upward at least 3/16 inch and shall have a cover overlapping
the flange. Covers shall be designed with a sufficient clearance to avoid contact with food. Covers shall
be readily removable as a unit or in sections. Hinges or pivots shall be easily cleanable in place or of
simple take-apart design and construction. Lid assemblies for ice cream storage compartments shall be
free of cracks and crevices or openings. The lid assembly shall be designed for adequate cleaning and
sanitizing. Continuous (piano) hinges shall not be used in the food or splash zones. Sliding or hinged
covers shall protect the food zone from contamination. They shall be fabricated to prevent accumulation
of liquid or debris on covers and not contaminate the food zone during opening or closing. Hood
mountings shall be readily accessible.
ENTRY PORTS TO FOOD ZONES: Joints and seams, where piping, thermometers, equipment, rotary
shafts, and other functional parts extend into the food zone, shall be closed and sealed at the point of
entry, or an acceptable deflecting apron shall be provided.
HARDWARE: Hardware shall be smooth, fabricated of material with integral or plated finish, easily
cleanable, and secured so it can be replaced easily. Hardware shall not have open seams, recesses, or
unnecessary projections.
BREAKER STRIPS: Breaker strips shall be installed so that seepage and debris does not enter between
the breaker strip and capping or line. They shall have smooth, easily cleanable surfaces with all rough
edges removed.
MOUNTING: Food carts shall have one of the following provisions for mounting:
a. CASTERS, ROLLERS, OR GLIDERS: The unit shall be mounted on casters, rollers, or
gliders to permit the unit to be easily moved by one person.
b. WHEELS: Spoked wheels may be used on food carts provided the wheel does not
extend above the serving area. Treads need not be smooth.
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c. WHEEL HOUSINGS: Wheel housings shall be designed to prevent contamination of
work areas.
OPEN DISPLAY STANDS AND BRACKETS: Open display stands and brackets shall be fabricated as
follows:
a. DISPLAY STANDS: Open display stands with or without cross rails shall be of solid or tubular
construction.
b. BRACKETS: Brackets shall be smooth, easily cleanable and fabricated to support the intended
end use.
FOOD CONTAINERS AND DRAWERS: Food containers and drawers in the food zone shall be of
coved construction and shall be smooth and welded or die-stamped.
INSETS: Insets or receptacles for unpackaged moist food and beverages shall be readily removable and
easily cleanable. These containers shall be open-mouth type, and covered.
FLATWARE DISPENSERS: Containers used for dispensing flatware shall be readily removable for
cleaning and easily cleanable. They shall be constructed so flatware can be picked up by handles only,
with other portions of the flatware covered and protected from handling.
INSULATION: Insulation shall be provided to prevent undue surface condensation. There shall be no
voids between parts, and the insulation shall not compact, settle, or separate under normal use. Insulation
spaces shall be closed, sealed, and protected against condensation, spillage, and seepage.
LOUVERS AND OPENINGS: Louvers and openings in the splash zone shall:
a. be of drip deflecting design; or
b. be located in a position protected from splash, splatter, spillage; or
c. be readily removable and the space behind easily cleanable.
Louvers shall be fabricated to minimize contamination from spillage and/or upward splash. Screening on
openings shall be 16 mesh to the inch or equal and in a removable sash for easy cleaning. Louvers shall
be large enough or spaced to allow for easy cleaning between them, and free of sharp edges and burrs.
WASTE RECEPTABLE: Waste receptacles, if provided, shall be constructed to be smooth,
nonabsorbent, and easily cleanable. Seams shall be sealed.
HOT FOOD STORAGE EQUIPMENT: Hot food storage equipment, if provided, shall comply with the
applicable requirement of NSF Standard 4 and the following:
a. BURNERS: If provided, burners shall be designed, fabricated and installed to minimize difficult-
to-clean areas.
b. FUEL BURNING DEVICES: These devices shall also comply with federal, state, and local
safety and fire codes. If fuel-burning devices are used, they shall be vented. Fuel containers shall
be securely mounted and stored separate from the food zone.
Doc ID: 990f75ba64c93a6b0401a18db5dd9dddb3352e99
c. PERFORMANCE – HOT FOOD STORAGE EQUIPMENT: Hot food storage equipment shall
be capable of maintaining cabinet air temperature of 140 for a minimum of 8 hours when tested.
TEMPERATURE INDICATING DEVICES (INCLUDING THERMOMETERS): A temperature
sensing and indicating device shall be provided for each refrigerated or heated storage compartment, and
a stemmed thermometer capable of reading from 0-220 degrees, in order to check product temperatures
throughout service. Alcohol wipes are required for sanitation of thermometer after each use. Such
devices shall have an accuracy of +/-3 F at the critical range, be easy to read, securely mounted,
removable, and readily visible. The sensing element shall be easily cleanable and located to reflect the air
temperature of the warmest (if refrigerated) or coldest (if heated) part of the compartment. Bains-marie,
steam tables, steam kettles, heat lamps, calrod units, or insulated food transport carriers are exempt from
these requirements.
FOOD PROTECTION: Shields complying with NSF Standard 2 shall be provided for display, serving,
and preparation areas of mobile food units.
SINKS: Food preparation carts shall have at least a three-compartment sink, and an individual hand sink,
each with a minimum opening of 6 inches and a minimum surface area of 50 square inches at the water
line. Sinks shall be a minimum of 4 inches deep. They shall comply with the applicable requirements of
NSF Standard 2.
POTABLE WATER SYSTEM: Hot and cold potable water shall be provided on food preparation units.
It shall be supplied under pressure or gravity with a mixing faucet.
a. Water inlets shall be protected from contamination and designed to preclude attachment of a non-
potable service connection.
b. Tanks shall have a minimum capacity of 5 gallons each. The capacity shall be indicated on the
tank or data plate.
c. Tanks shall have a smooth interior with no recesses or crevices.
d. Tanks shall have at least one fill connection located on the top or highest point of the tank.
e. The bottom of tanks (except readily removable) shall have a slope of at least ½ inch per foot to
the drain.
f. Tanks (except readily removable) shall contain at least one drain fitted with a minimum ½ inch
IPS outlet located at the lowest point in the tank to allow for draining and flushing.
g. WATER PIPES: Water pipes shall comply with the provisions of the Basic Plumbing
Code of the Building Officials and Code Administrators International (BOCA). The
minimum air gap shall be measured vertically from the lowest end of a potable water
outlet to the flood level rim of the fixture or receptacle into which it discharges. The
minimum required air gap should be twice the diameter of the effective opening, but not
less than 1 inch.
h. Tanks relying on gravity for flow shall be vented for escape or intake of air in sufficient volume
to allow for flow. The opening shall be protected from dust or insects.
Doc ID: 990f75ba64c93a6b0401a18db5dd9dddb3352e99
WASTE HOLDING SYSTEMS: A waste holding tank shall be provided on mobile food units. It shall
have a minimum capacity of 7.5 gallons or 15 percent larger than the total water supply, whichever is
greater.
WASTE HOLDING TANKS: Waste-holding tanks shall have smooth interior surfaces. The
bottom of permanently mounted tanks shall be sloped at least ½ inch per foot to 1 inch drain with a
shutoff valve. Tanks shall be at least 3 inches deep. The capacity of the waste holding tank shall be
indicated on the tank or data plate.
COOKING EQUIPMENT: Cooking equipment shall comply with the applicable requirements of NSF
Standard 4 and the following:
PERFORMANCE – COOKING EQUIPMENT: Cooking equipment shall be capable of raising
the product temperature from 45 F to 165 F or higher within 120 minutes when tested.
Doc ID: 990f75ba64c93a6b0401a18db5dd9dddb3352e99
EXHIBIT D
CONCESSIONAIRE VIOLATION – ADDITIONAL FINES
1. In accordance with RIDER ONE, mandatory attendance at Concessionaire’s place of
business will occasionally be required. On occasion where attendance is mandatory and
the Concessionaire fails in the obligation to be present, a fine up to $50 per occurrence
may be assessed.
2. In accordance with RIDER THREE (8), the Concessionaire must provide the City of
Evanston’s Designee three (3) keys for every lock that is required to gain entrance into
Concessionaire’s permanent facility, kiosk, or trailer. Any violation of this term may
result in a fine of $100.00. Any violation that is not cured within 3 days of written
notice of violation by the Managing Agent or the Evanston City of Evanston, may result
in an additional fine of $150.
3. In accordance with RIDER THREE (8), the Concessionaire shall provide a product price
board. Any violation of this term that is not cured within 30 days of written notice of
violation by the Managing Agent or the Evanston City of Evanston, may result in a fine
of $150.
4. Upon request from the City of Evanston’s Managing Agent, the Concessionaire must
provide a season’s final day of operation. Failure to establish a season’s final day of
operation or each occurrence of failure to comply with the date in whic h the
concessionaire’s space shall be brought into off-season condition within 3 days of
written notice of such violation by the Managing Agent, may result in a fine of $150.00.
5. In accordance with I.E. BASIC TERMS – Permitted Use, the concessionaire may use the
space for no other use unless such use is approved in writing by the City of Evanston or
the City of Evanston’s Managing Agent. The concessionaire shall not sale any items not
listed in Exhibit B unless such use is approved in writing by the City of Evanston or the
City of Evanston’s Managing Agent. Any violation of these terms that is not cured
within 5 days of written notice of violation by the Managing Agent or the City of
Evanston, may result in a fine of $150.
Doc ID: 990f75ba64c93a6b0401a18db5dd9dddb3352e99
IN WITNESS WHEREOF, the parties hereto executed this Agreement on the date first written
above.
This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
CONCESSIONAIRE City of Evanston
Trade name: Bike and Roll Not personally, but as an agent for the City
of Evanston
By: By:
(Concessionaire Signature) (City of Evanston Signature)
Name
:
Name
:
(Printed Name) (Printed Name)
Title: Title:
(Printed Title) (Printed Title)
Date: Date:
Joshua Squire
President
5/13/2024
Luke Stowe
City Manager
Approved as to form:
Alexandra B. Ruggie
Corporation Counsel
05 / 16 / 2024
Doc ID: 990f75ba64c93a6b0401a18db5dd9dddb3352e99
Contract with Chicago Bike & Roll for Beach Chair & Bike...
Beach_Chair...._Beach.pdf and 1 other
990f75ba64c93a6b0401a18db5dd9dddb3352e99
MM / DD / YYYY
Signed
05 / 15 / 2024
20:47:01 UTC-5
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 66.158.65.76
05 / 16 / 2024
09:30:07 UTC-5
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 76.157.52.7
05 / 16 / 2024
09:30:21 UTC-5
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 76.157.52.7
05 / 16 / 2024
10:43:37 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 73.22.112.51
05 / 16 / 2024
10:44:46 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 73.22.112.51
The document has been completed.05 / 16 / 2024
10:44:46 UTC-5