8842-7 Lincoln Trail Concession Contract~1.docx

The following information will become the contract between the awarded Vendor and the Illinois Department of Natural Resources. Instructions and requirements to submit a bid response are found in the attachment titled “Invitation for Bid Vendor Instructions and Requirements”.

Illinois Department of Natural Resources Contract 8842-7 Lincoln Trail Concession

26-422DNR-DIREC-B-49369

The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

1. DESCRIPTION OF SUPPLIES AND SERVICES

1.1. GOAL:

IDNR is seeking a Vendor to operate a restaurant concession with bait shop and boat rental at Lincoln Trail State Park located in Marshall, Illinois. Through IDNR programs and in conjunction with the Vendor, the Illinois Department of Natural Resources seeks to improve overall visitor satisfaction by ensuring high quality visitor services while broadening the economic base of the region and the communities of the surrounding parks.

1.2. SUPPLIES AND/OR SERVICES REQUIRED:

Vendor shall be required to have the concession operation open to the public for the purpose of serving guests in the concession building as per the hours/dates listed in Section 1.4.1. The restaurant must offer prepared food including but not limited to hamburgers and French fries as well as ice cream and hot and cold beverages. The concession must sell Illinois Native Firewood and bagged ice by the beginning of the 2026 season throughout the term of the Contract. The bait shop and boat rental area must sell at minimum: crickets, worms, minnows, mealworms and bobbers. In addition, the vendor shall rent at a minimum 2 kayaks and 5 John boats the 1st season open for business. For all remaining years of the contract, the vendor shall rent at minimum 4 kayaks and 5 John boats.

1.3. AUTHORIZED SUPPLIES AND/OR SERVICES:

The concessionaire at Lincoln Trail State Park will be authorized to sell, serve or dispense food, confections, hot and cold non-alcoholic beverages, alcoholic beverages, packaged beer, souvenirs and novelties, newspapers, post cards, boating equipment, bait, marine, fishing, picnic and camping supplies, propane, and State hunting and fishing licenses. In addition, the concession is authorized to rent bicycles, fishing supplies (poles, nets, etc), boats, canoes, paddle boats, and kayaks. Vendor may also drive through the campground to offer the above-listed items for sale if they choose to do so (excluding alcohol). Video Gaming is not allowed at the concession. Vendor must sell Illinois Native Firewood and bagged ice by the beginning of the 2026 season and through the remainder of the contract The Site Superintendent and/or Concession Manager have absolute discretion to approve the types, items and quality of all merchandise sold and services rendered at the concession.

1.4. HOURS OF OPERATION:

1.4.1. REQUIRED HOURS OF OPERATION: Vendor must have the concession open and operating for the purpose of serving park patrons for the hours listed below unless the park is closed for an unforeseen reason. Hours may be waived or altered with the Site Superintendent and Concession Manager’s prior approval.

Restaurant Concession April 1 – October 31:

Bait Shop & Boat Rental Concession April 1 – October 31:

Vendor may choose to not open for the 2025 season but shall be required to be open as of April 1, 2026, and must follow the hours required per Section 1.4.1 for the remainder of the contract.

1.4.2. OPTIONAL HOURS OF OPERATION: Vendor may also be open 7 days per week, year-round from 6:00 a.m. – 10:00 p.m. without prior written permission of the Site Superintendent and Concession Manager.

1.5. MILESTONES AND DELIVERABLES:

1.5.1. Vendor shall submit monthly documentation reporting gross receipts and Vendor shall pay the percentage due for the monthly reserve payment for each month the concession is in operation to IDNR on or before the 25th of the following month. Reserve payments are to be paid in accordance with Section 5.3 of this contract. Nonpayment of monthly reserve payment shall be considered cause for cancellation of the Contract if Vendor has not paid within thirty (30) days after due date.

The term “gross receipts” includes the total of all sales and rentals made by Vendor from the operation of the Concession except as herein otherwise stipulated.

The following shall not be considered as gross receipts:

1. Sales tax collected from customers for direct remittance to a taxing authority.

2. Income derived from the sale of Vendor-owned equipment not ordinarily held for sale to the general public.

3. Refunds.

4. Amounts paid for credit card fees.

It is further understood that Federal or State Income Tax is not a deduction from gross receipts for reporting purposes.

Each sale, charge or business transaction upon installments of a contract shall be treated as a gross receipt for the full price or charge in the month during which such sale, business transaction or contract for services is performed.

Using forms furnished by IDNR, a report of sales and rentals, as well as proof of required reserve payment deposit must be forwarded to IDNR no later than the 25th day of the month following the previous month’s operation. Paperwork may be either emailed to Shanon.L.Hudgins@Illinois.gov or mailed to the following address:

Attn: Concession Manager, ORCP Department of Natural Resources One Natural Resources Way, 2nd Floor Springfield, IL. 62702

1.5.2. Vendor shall provide IDNR with a Profit and Loss Statement for the preceding calendar year no later than May 1ˢᵗ of the following year for each year the Contract is in effect. This document shall reflect all business transactions (gross receipts) on or from the leased premises during the year.

1.5.3. Vendor shall submit to the Site Superintendent and Concession Manager the selling price of all goods sold and services rendered at the concession in writing within 30 days of contract execution and no later than March 15th of each year of the contract. The approved price list and rental fees shall be posted in clearly visible places about the premises and accessible to the public. All prices charged to the public by the Vendor must be competitive with comparable facilities in the area. IDNR shall determine whether the prices charged to the public are competitive with comparable facilities in the area and may determine that prices need to be reduced and/or altered.

Any proposed increase in prices or rental fees during the term of the Contract and all renewals must be submitted to the Concession Manager in writing for prior approval. Vendor shall receive approvals in writing prior to any increase—approvals shall not be unreasonably withheld.

1.5.4. Vendor shall submit all required licenses to the Site Superintendent and Concession Manager prior to opening for the 2025 season and no later than March 15th for each year of the contract. Licenses include but are not limited to Business Registration, Health Department Permit, Liquor Licenses, Boat Rental License, etc.

1.5.5. Vendor must provide copies of all County health inspections to the Site Superintendent and Concession Manager on the day of the inspection. Vendor shall comply with any recommendations made. Failure of the Vendor to comply with such recommendations may result in the termination of the Lease.

1.5.6. All property/equipment left by Vendor two weeks after conclusion of the Contract shall be considered abandoned and shall be considered State Property from that moment forward.

1.5.7. For the duration and upon conclusion of Contract, Vendor shall be responsible for all missing equipment that is State Property as listed in the updated inventory list provided by IDNR to the Vendor annually. Vendor shall be required to replace all missing items at Vendor’s expense and the items will become property of IDNR.

1.5.8. Vendor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (i) persons performing services and obligations on behalf of the Vendor; (ii) anyone rightfully within the Premises, including, without limitation, members of the public and employees of IDNR; (iii) members of the public receiving goods or services offered by Vendor; or (iv) the property of IDNR, members of the public, or Vendors on or adjacent to the Premises.

1.5.9. Vendor must adhere to the safety requirements for boat rentals as per https://www.boat-ed.com/illinois/handbook/?msockid=1cc1b491ea0b62152442a18eeb8d6310 and http://rentalboatsafety.com/

1.

1.1.

1.2.

1.3.

1.4.

1.5.

1.5.1.

1.5.2.

1.5.3.

1.5.4.

1.5.5.

1.5.6.

1.5.7.

1.5.8.

1.5.9.

1.5.10. Vendor shall notify IDNR of any incidents and/or accidents that occur at the concession no later than 24 hours after the incident/accident occurred. Vendor shall supply IDNR the name and contact information of the person(s) involved; IDNR shall then write up an incident report.

1.6. VENDOR/STAFF MANDATORY REQUIREMENTS:

1.6.1. OPERATION

1.6.1.1. Vendor shall submit the proposed name of the concession as well as any slogans or logos to the Site Superintendent and Concession Manager for prior approval to ensure that it is in the best interest of IDNR.

1.6.1.2. Vendor shall submit samples and have approval in writing by the Site Superintendent prior to placing any sign or advertisement upon any location of property. The Site Superintendent shall then submit the proposal to the Region Land Manager for approval and ensure that it complies with the IDNR’s sign manual regulations.

The Site Superintendent shall have the right to remove any sign or signs that have been erected which did not receive prior written approval at the expense of the Vendor and without notification to the Vendor. All approved signs erected by Vendor shall be the responsibility of Vendor and will be kept in good condition by Vendor. Good condition means that the signs will not be peeling, fading, and torn/broken.

1.6.1.3. Vendor shall be required to advertise through social media and/or with a website within 30 days of contract execution and for the duration of the contract. This advertisement shall include, but not limited to, the services offered by the concession operation as well as the hours of operation.

If Vendor chooses to advertise through social media, the Vendor shall request account(s) through the Concession Manager—Vendor shall not create their own account. The account(s) will be issued by the IDNR Communications Office, and the Vendor shall be granted administrative access to the account(s).

1.6.1.4. Vendor is required to post hours of operation for the concession in clearly visible places for the benefit of the visitors to the area within twenty (25’) feet of the main concession building. All patrons shall be permitted to enter the public portion of the premises freely, and to enjoy the convenience and privileges accorded to the patrons of the concession.

1.6.1.5. Vendor shall provide all supplies, labor, supervision, maintenance, equipment, tools, materials, and incidentals necessary to operate and maintain the concession.

1.6.1.6. Vendor shall ensure that the on-site manager shall possess a current Food Service Sanitation Manager Certification (FSSMC) from the Illinois Department of Public Health and mandates that the Vendor abide by Food Service Sanitation Code 77 ILL Adm Code 750. Proof shall be provided to the Site Superintendent or Concession Manager upon request.

1.6.1.7. Vendor shall ensure the on-site chefs/cooks shall meet all public Health requirements. Vendor shall ensure that all persons working in a food service establishment operating in Illinois have a valid Food Handler Card as per 410ILCS625.

1.6.1.8. Vendor shall not construct any temporary or permanent structure or improvement at the facility without prior written permission from the Site Superintendent.

1.6.1.9. Vendor may not disturb any of the natural habitat, aquatic life or wildlife on the permitted area or any area adjacent to the permitted area.

1.6.1.10. Vendor agrees to operate the interior of the concession as a non-smoking facility. Outdoor events must receive prior approval from the Site Superintendent to allow smoking at outdoor events. Outdoor smoking must be within a designated smoking area and is prohibited within 15 feet of any entrance, exit, windows that open, or ventilation intake of a public place or place of employment as per Public Act 95-0017.

1.6.1.11. Vendor shall be responsible for electricity, trash, propane, alarm, pest control and all other utility services not listed in this contract that are necessary for the proper operation of the concession during the months the concession is open for business; upon closing the concession for the season, Vendor shall fill propane tank. IDNR shall be responsible for electricity and propane at the concession building during the months the concession is closed for the season; prior to the concession opening for the season, IDNR shall fill the propane tank.

IDNR shall be responsible for the water for the entire site including the concession building.

The Vendor shall be required to have internet and telephone at the concession building during the months of operation.

Site Superintendent shall determine the location of the Vendor’s dumpster.

1.6.1.12. Vendor invoices shall be paid timely. Any unpaid invoices 30 or more days past due shall result in a cure notice and/or termination.

1.6.1.13. Vendor shall only sell Illinois Native Firewood located within 50 miles of the concession. Any firewood transported more than 50 miles from the source must be treated firewood in its original packing and accompanied by a label approved by the Department of Agriculture stating that the firewood has been heat treated as per the US Department of Agriculture guidelines.

1.6.1.14. Vendor shall provide all watercraft registration for Vendor-owned boats used on the premises. IDNR shall provide all watercraft registration for State owned boats used for rental by Vendor.

1.6.1.15. Vendor is allowed to host activities on the park premises with prior approval from the Site Superintendent. Vendor will be exempt from any Activity Permit Fees required as per Title 17, Part 110, Section 110.4 and will also be exempt from being required to have a Permit-to-Sell for said events. Insurance and liability for said events will be assumed under the general liability insurance mandated by Section 4.11 of the contract.

1.6.1.16. Vendor shall participate with park events being hosted by the park, Friends Groups or other external parties when possible and favorable for IDNR such as 5K’s, fun runs, fishing rallies and swim races.

1.6.1.17. As of January 1, 2024, vendor shall only offer compostable food ware or recyclable food ware or disposable food service containers that are composted in whole or in part from polystyrene foam. Vendor shall not use single-use plastic disposable food ware as per 30 ILCS 500/45-23 and 30 ILCS 500/45-24.

Allowed:

"Compostable Food Ware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals that are compostable.

"Recyclable Food Ware" means items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are commonly accepted in local curbside residential recycling pickup.

Not Allowed:

"Single-Use Plastic Disposable Food Ware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are made of plastic, are not compostable, and are not accepted in residential curbside recycling pickup.

1.6.1.18. Per 20 ILCS 835/4b gift shops and concession areas within State parks and parkways shall set aside a booth or section for the sale of products manufactured in the United States. The booth or section shall be labeled “Made in the USA.” As used in this Section, "products manufactured in the United States" means assembled articles, materials, or supplies for which design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurred in the United States.

Vendor shall submit within 30 days of opening for the 2025 season and by March 15 of each following year of the contract a list of items Made in the USA along with a photo of the area the items are for sale to the concession manager.

1.6.1.19. LIQUOR: Failure to follow the terms of this section constitutes a material breach of the is Lease and may result in termination pursuant to Section 3.3 of this contract.

1.6.1.19.1. Vendor shall be required to have a valid State & Local liquor license if alcoholic beverages are sold. IDNR agrees that fees for any and all such licenses shall be paid directly to the appropriate State or local authority having jurisdiction over the issuing of said license. Vendor will also be required to follow all local, township, county, Departmental, State & Federal laws.

1.6.1.19.2. Vendor shall be required to post signs stating that only package beer is allowed outside of the restaurant and patio area. Signs are to be pre-approved by the Site Superintendent.

1.6.1.19.3. All employees selling alcohol shall be required to have Basset training and become certified as required per: 235 ILCS 5/3-12 (11.1) and 6-27 and Title 77 of Illinois Administrative Code, Chapter XVI, Section 3500.

1.6.1.19.4. Vendor shall be required obtain and carry liability insurance per section 4.11. of this contract as required under the Liquor Control Act of 1934 for all damages suffered or alleged to have been suffered by any person or persons resulting from any operation of the Vendor. Said insurance policies shall name the State of Illinois, Department of Natural Resources, as “Additionally Insured” and shall contain endorsement providing for notice to IDNR when such insurance is cancelled. Vendor shall submit proof of Dram Shop insurance to Site Superintendent and Concession Manager prior to any alcohol sales, and insurance must remain in effect during any period in which alcohol is sold or on site.

1.6.2. MAINTENANCE

1.6.2.1. Vendor shall provide all janitorial supplies, services and pest control required to properly clean and operate the concession, to include counters and surfaces for cooking and serving food in conformity with applicable Federal, State and local laws. The Vendor shall clean all tabletops and chairs in the seating area, including the patio seating area after each serving, and spot clean as spillage/messes occur. Clean and sanitary condition means free of dirt, dust, mud, spillage and refuse. Such cleaning shall include the arrangements of chairs, so they have a neat, orderly appearance at all times. Disinfectants are to be EPA-approved disinfectants.

Vendor shall sweep and mop the kitchen, service area, seating area, and restrooms at the close of business each day and spot sweep and mop as spillage/messes occur. In addition, the vendor shall power wash patio area at least once per month.

1.6.2.2. IDNR and vendor owned kitchen and restaurant equipment are to be sanitized and cleaned at the end of each day of operation as well as when needed during the operating day. Vendor must follow all Public Health rules and regulations regarding food handling safety and cleanliness. Clean and sanitary condition means free of dirt, mud, spillage and refuse.

1.6.2.3. Vendor shall protect and provide maintenance to the grease trap, cooking exhaust hood, and as well as additional items listed on IDNR’s equipment list. The cooking exhaust hoods are to be cleaned by the vendor twice per month. In addition, the grease trap and cooking exhaust hoods are to be cleaned by an experienced company two times per year on July 15 and within 30 days after the closing the concession for the winter each season and additional professional cleanings may be required as determined/required by Fire Marshall and the Public Health Departments annual inspection(s). If vendor chooses to be open year-round, then the exhaust hood and grease trap are to be cleaned by an experienced company on a quarterly basis. Proof of cleaning or any additional cleaning as required by the Fire Marshall, or the Public Health Department must be submitted to the Site Superintendent and the Concession Manager upon completion of cleaning.

1.6.2.4. Vendor shall pay for professional service of the fire suppression system annually.

1.6.2.5. Vendor shall ensure that all fire extinguishers are to be up to date as per OSHA standards. Per OSHA standards, the travel distance for employees to any extinguisher should be 50 feet or less, and the extinguishers should be located between 3 ½ - 5’ from the floor and mounted on brackets or in wall cabinets. IDNR shall provide all fire extinguishers.

1.6.2.6. Vendor shall be required to replace all light bulbs and filters at the concession building. Vendor shall provide light bulbs and IDNR shall provide the furnace filters.

1.6.2.7. Vendor agrees to provide refuse containers for use within the main concession building, approved by IDNR and in accordance with any applicable standards of the Illinois Environmental Protection Agency and the Illinois Department of Public Health. Vendor shall be responsible for sanitation of garbage containers and the garbage storage areas of the concession. Vendor shall be responsible for costs associated for the removal of the garbage. Location of the dumpster is to be determined by the Site Superintendent.

IDNR shall be responsible for emptying the outside IDNR-owned trash cans.

1.6.2.8. Vendor agrees to pick up and dispose of all refuse and litter lying on the ground within a one hundred (100’) foot radius of the concession including but not limited to the concession building, parking lots and the docks whenever needed and at the close of business each day of operation.

1.6.2.9. Vendor is required to repair and/or replace any piece of equipment owned by the Vendor if it is broken or not functioning properly to the equipment manufacturer’s specifications to ensure that the public receives a positive impression of the leased premises. The Site Superintendent and/or the Concession Manager reserve the right to determine if Vendor owned equipment is to be repaired and/or replaced within the public’s view.

1.6.2.10. All interior and exterior areas of the concession buildings shall always be kept free of cobwebs and the exterior shall be kept free of all nests including but not limited to birds, wasps and hornets.

1.6.2.11. All windows and window ledges are to be cleaned monthly and additionally as needed to ensure that there are not any fingerprints and/or dust/dirt.

1.6.2.12. Vendor shall mow and weed eat the grass at a minimum one (1) time per week weather permitting or as soon as weather permits for the area(s) listed in Attachment A. IDNR shall maintain all trees at all times.

1.6.2.13. Vendor shall be responsible for flower beds located within 100’ of the main concession building. Flower beds are to be free of weeds at all times. Vendor may plant flowers or add potted plants to the flower bed with prior written approval of the Site Superintendent.

1.6.2.14. Vendor shall supply and fill all hummingbird and all other types of bird feeders with bird feed and keep feeders clean at all times.

1.6.2.15. Vendor shall be responsible for snow removal of the concession sidewalks around the concession and up to the parking lots. IDNR shall remove and plow the snow from the roads and parking lots for uninterrupted ingress and egress to the Premises.

1.6.2.16. Vendor shall be responsible for all interior decorating and painting of the concession building with prior written approval of the Site Superintendent and Concession Manager. Paint colors are to be pre-approved by IDNR; IDNR shall supply paint in the event that there are not enough monies in the Reserve Account.

1.6.2.17. Vendor shall keep all rented boats in a clean, sanitary condition and shall pump water from the boats at all times that the boats are available for rent.

1.6.2.18. The concession restrooms upper and lower level are to be open to the public at all times during concession operating hours. Vendor shall keep the restrooms stocked with toiletries and cleaned at all times.

1.6.2.19. Restroom Cleaning:

1.6.2.19.1. Floors of sealed concrete & tiled floors shall be swept then mopped with an EPA-approved disinfectant at a minimum on a daily basis and additionally as needed.

1.6.2.19.2. Walls shall be cleaned free of hand marks, dust and smudges on a weekly basis and additionally as needed.

1.6.2.19.3. All stainless steel shall be disinfected with an EPA-approved disinfect and then polished with stainless steel cleaner on a weekly basis and additionally as needed.

1.6.2.19.4. Clean, disinfect, remove cobwebs, scuff prints & fingerprints from partitions, doors, door handles, jambs, sanitary napkin receptacle and dispensers, walls, push plates, and light switch covers with an EPA-approved disinfectant on a daily basis and additionally as needed.

1.6.2.19.5. Clean mirrors, stools, urinals, wash basins, towel holders, soap dispensers, and baby changing stations twice per day and additionally as needed.

1.6.2.19.6. Empty and disinfect waste receptacles with an EPA-approved disinfectant on a monthly basis and additionally as needed. Place new liner in waste receptacles daily and additionally as needed.

1.6.2.19.7. Restock soap, toilet paper and toweling on a daily basis or as needed. Vendor shall supply hand soap; IDNR shall provide the toilet paper and paper towels.

1.6.2.19.8. Clean fittings and supply pipes of dust and buildup on a monthly basis and additionally as needed.

1.6.2.19.9. Clean vents (wall & ceiling) on a monthly basis and additionally as needed.

1.6.2.19.10. Clean light fixtures on a monthly basis and additionally as needed.

1.6.3. FISCAL RESPONSIBILITIES

1.6.3.1. Vendor shall pay all taxes levied or assessed on the Premises including property taxes, and all taxes and license fees growing out of or in connection with the operation of the Concession, whether or not measured by gross revenue from such business. This concession is under one (1) acre and not applicable to property taxes pursuant to 35 ILCS 200/15-55.

1.6.3.2. Vendor shall provide proof of insurance during the term of the Contract and all Renewals and will name IDNR as additional insured as stated in Section 4.11 of this contract.

1.6.3.3. Vendor shall agree to accept cash, debit and credit cards for all concession transactions. It shall be the Vendor’s responsibility to install the equipment to be used for these forms of payments.

1.6.3.4. Vendor hereby agrees that a full, true and correct account shall be kept of all financial transactions for the operation of all Concession activities conducted pursuant to the Contract. All records shall be kept in accordance with Generally Accepted Accounting Principles; all records must be supported by source documents such as sales slips, cash register tapes, purchase invoices, or such other documents IDNR may deem necessary. Duplicate deposit slips will be kept on file, and all accounts resulting from the Contract shall be paid by check, cash, money order or credit card.

1.7. IDNR RESPONSIBILITIES

1.7.1. OPERATION

1.7.1.1. IDNR shall provide the Vendor a list of IDNR owned equipment annually by March 15th of each year. In addition, at least once a year, a physical inventory of IDNR’s equipment will be taken by IDNR. Vendor shall be responsible for any discrepancies found in the inventory of IDNR and will be required to replace any missing inventory at the Vendor’s expense and will become property of IDNR.

1.7.1.2. IDNR shall supply the equipment listed below. The Vendor may use any or all the equipment provided, subject to the regulations provided in Sections 1.2.2 and 1.3.1.3 of this contract.

8842-7 LINCOLN TRAIL IDNR OWNED INVENTORY as of 07/18/2025

1.7.1.3. Any IDNR property or equipment needing replaced as a result of improper or negligent use by Vendor or any of its employees, contractors or agents will be replaced at Vendor’s own expense and will become property of IDNR.

1.7.2. MAINTENANCE

1.7.2.1. IDNR shall be responsible for the maintenance and repair of the concession building, including the mechanical, plumbing, electrical, and HVAC (heating, ventilation, and air conditioning) systems in the event that there are not enough monies in the Reserve Account.

1.7.2.2. IDNR shall be responsible for all exterior decorating and painting of the concession buildings.

1.7.2.3. IDNR shall be responsible for maintenance of parking lots, sidewalks and roads for uninterrupted ingress and egress to the Premises; except, when necessary to close an area or road due to construction in the park, repair of roads, flooding, or other conditions beyond the anticipation or control of IDNR.

1.7.2.4. IDNR shall maintain all trees at all times. IDNR shall mow and maintain all grass areas except what is listed in Attachment A. Vendor shall mow and weed eat the grass at a minimum one (1) time per week weather permitting or as soon as weather permits for the area(s) listed in Attachment A.

1.7.2.5. IDNR shall remove and plow the snow from the roads and parking lots for uninterrupted ingress and egress to the Premises. Vendor shall be responsible for snow removal of the concession sidewalks around the concession and up to the parking lots.

1.7.2.6. IDNR shall be responsible for the water for the concession at all times.

1.7.2.7. IDNR shall supply all toilet paper and paper towels for the restrooms. Vendor shall stock and clean the restrooms and supply hand soap.

1.7.2.8. Vendor shall be required to replace all light bulbs and filters at the concession building. Vendor shall provide light bulbs; IDNR shall provide filters.

1.7.2.9. IDNR is responsible for emptying refuse of all exterior garbage cans. Vendor will be responsible for all refuse removal from the site resulting from the concession operation. Location of Vendor’s dumpster must be approved by the Site Superintendent.

1.7.2.10. IDNR shall be responsible for the maintenance and repair of the docks and the State-owned boats in the event that there are not enough monies in the Reserve Account.

1.8. VENDOR QUALIFICATIONS

1.8.1. Any utilized subcontractor must fulfill a distinct element of the work of the contract, which is carried out by actually performing, managing and supervising the work involved in the contract. To comply with this requirement, any utilized subcontractors must have an office within 50 miles radius of the Concession location.

1.9. TRANSPORTATION AND DELIVERY: N/A

1.10. SUBCONTRACTING: Subcontractors are allowed.

1.10.1. Will subcontractors be utilized? |_| Yes |_| No

A subcontractor is a person or entity that enters into a contractual agreement with a total value of $100,000 or more with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract.

All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor.

1.10.2. Please identify below subcontracts with an annual value of $100,000 or more that will be utilized in the performance of the contract, the names and addresses of the subcontractors, and a description of the work to be performed by each.

· Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text

· Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text If additional space is necessary to provide subcontractor information, please attach an additional page.

1.10.3. If the annual value of any subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor.

1.10.4. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor is required to promptly notify, in writing, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to this Contract. Any subcontracts entered prior to award of this Contract aredone at the sole risk of the Vendor and subcontractor(s).

1.11. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor.

Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if the Vendor shifts any such work outside the United States.

· Location where services will be performed:

· Value of services performed at this location: 100%

2. PRICING

2.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is firm.

2.2. VENDOR’S PRICING: Vendor’s pricing is located in the Items Tab in the BidBuy Purchase Order. The State includes in this contract the BidBuy Purchase Order as it contains the agreed pricing.

2.2.1. Vendor shall submit pricing on BidBuy Line Items. The Unit of Measure that the Vendor shall submit in BidBuy is the percentage (%) of gross receipts that the Vendor will pay into the Reserve Account for each year of the contract (all 5 years) and renewal terms (all 20 years). BidBuy will show the line item as “Net Unit Cost” and “Total Cost” in dollars ($), but the actual Unit of Measurement is percentage (%).

The percentage of gross receipts for each year will be entered by the State into the contract prior to execution of the contract. Percentages will be taken from Line Items in BidBuy.

IDNR will accept a percentage of Gross Receipts to be deposited into the Reserve Account. IDNR anticipates that a fair reserve payment percentage shall be no less than 3% of gross receipts for the first year of the contract (2025) and no less than 5% for the remaining years of the contract.

2.2.1.1. For bidding purposes, the 1st year of the contract is to be 2025 even if the vendor chooses not to open for the 2025 season. If the vendor chooses to wait until 2026 to open, the vendor shall pay the proposed percentage for 2026, not the 2025 percentage.

The bid will be awarded to the Vendor who has submitted the highest percentages in the initial term. Any renewal percentages must be at minimum the highest percentage from the initial term.

2.3. RENEWALS: If the contract is renewed, the price shall be at the same rate as for the initial contract term, unless a different compensation or formula for determining the renewal compensation is stated in this section.

2.3.1. Vendor’s Reserve Payments for Renewal(s): Submit renewal percentages of gross receipts per BidBuy line items.

3. TERM AND TERMINATION

3.1. TERM OF THIS CONTRACT: The contract will have an initial term commencing upon signature of the Governor and through December 31, 2029.

In no event will the maximum total term of the contract, including the initial term, any renewal terms, and any extensions, exceed twenty-five (25) years per 20 ILCS 805/805-330. Vendor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30 ILCS 500/20-80.

3.2. RENEWAL: Subject to the maximum total term identified above, the State has the option to renew for the following term(s): A total of twenty (20) years in any one of the following manners:

3.2.1. One renewal covering the entire renewal allowance;

3.2.2. Individual one-year renewals up to and including the entire renewal allowance;

3.2.3. Any combination of full or partial year renewals up to and including the entire renewal allowance.

Any renewal of the resulting contract is subject to the same terms and conditions that apply to the initial term of the contract unless otherwise provided in the pricing section. The State may renew the contract for any or all of the option periods specified, may exercise any of the renewal options early, and may exercise more than one option at a time based on continuing need and favorable market conditions, when in the best interest of the State. The contract may neither renew automatically nor renew solely at the Vendor’s option.

3.3. TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part, immediately upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unwilling to perform the contract.

If Vendor fails to perform to the State’s satisfaction any material requirement of this contract, is in violation of a material provision of this contract, or the State determines that the Vendor lacks the financial resources to perform the contract, the State shall provide written notice to the Vendor to cure the problem identified within the period of time specified in the State’s written notice. If not cured by that date the State may either: (a) immediately terminate the contract without additional written notice or (b) enforce the terms and conditions of the contract.

For termination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable remedies and damages.

3.4. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor.

Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination.

3.5. AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of funds. The State, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Agency’s funding by reserving some or all of the Agency’s appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction or decrease.

4. STANDARD BUSINESS TERMS AND CONDITIONS

4.1. PAYMENT TERMS AND CONDITIONS:

4.1.1. LATE PAYMENT: Payments, including late payment charges, will be paid in accordance with the State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code 900. This shall be Vendor’s sole remedy for late payments by the State. Payment terms contained in Vendor’s invoices shall have no force or effect.

4.1.2. MINORITY CONTRACTOR INITIATIVE: Any Vendor awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

4.1.3. EXPENSES: The State will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this contract by the Parties even if the effective date of the contract is prior to execution.

4.1.4. PREVAILING WAGE: As a condition of receiving payment Vendor must (i) be in compliance with the contract, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Illinois Department of Labor (DOL) and are available on DOL’s official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting DOL at 217-782-6206 or (https://labor.illinois.gov) to ensure understanding of prevailing wage requirements.

4.1.5. FEDERAL FUNDING: This contract may be partially or totally funded with Federal funds. If Federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used will be provided to the awarded Vendor in the notice of intent to award.

4.1.6. INVOICING: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of this contract, and the amount billed and expenses incurred are as allowed in this contract. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submitted to the State no later than July 31 of that year; otherwise Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory offset. 30 ILCS 210.

4.1.6.1. Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable agency’s Illinois tax exemption number and Federal tax exemption information.

4.1.6.2. Vendor shall send required Documents to the address listed below or the documents may be emailed to: Shanon.L.Hudgins@Illinois.gov

For procurements conducted in BidBuy, the Agency may include in this contract the BidBuy Purchase Order as it contains the Bill To address.

4.2. ASSIGNMENT: This contract may not be assigned or transferred in whole or in part by Vendor without the prior written consent of the State.

4.3. SUBCONTRACTING: For purposes of this section, subcontractors are those with contracts with an annual value exceeding $100,000 and who are specifically hired to perform all or part of the work covered by this contract. Vendor must receive prior written approval before use of any subcontractors in the performance of this contract. Vendor shall describe, in an attachment if not already provided, the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this contract, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this contract. If required, Vendor shall provide a copy of any subcontracts within fifteen (15) days after execution of this contract. All subcontracts must include the same certifications that Vendor must make as a condition of this contract. Vendor shall include in each subcontract the Standard Illinois Certification form available from the State. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, then Vendor must promptly notify, by written amendment to the Contract, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses, the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract, and the general type of work to be performed. 30 ILCS 500/20-120.

4.4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of this contract and any subcontract necessary to support amounts charged to the State pursuant this contract or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by the Vendor for a period of three (3) years from the later of the date of final payment under the contract or completion of the contract, and by the subcontractor for a period of three (3) years from the later of final payment under the term or completion of the subcontract. If Federal funds are used to pay contract costs, the Vendor and its subcontractors must retain their respective records for five (5) years. Books and records required to be maintained under this section shall be available for review or audit by representatives of the procuring Agency, the Auditor General, the Executive Inspector General, the Chief Procurement Officer, State of Illinois internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under this contract or any subcontract for which adequate books and records are not available to support the purported disbursement. The Vendor or subcontractors shall not impose a charge for audit or examination of the Vendor’s or subcontractor’s books and records. 30 ILCS 500/20-65.

4.5. TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this contract. Vendor shall continue to perform its obligations while any dispute concerning this contract is being resolved unless otherwise directed by the State.

4.6. NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future.

4.7. FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel this contract without penalty if performance does not resume within thirty (30) days of the declaration.

4.8. CONFIDENTIAL INFORMATION: Each Party…