Eldon Hazlet Concession Contract - UPDATED.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”.

State of Illinois Contract v.25.4

Illinois Department of Natural Resources Contract Eldon Hazlet Concession

26-422DNR-REALT-B-49953

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:

The State of Illinois, Department of Natural Resources (IDNR), will accept bids from responsible and responsive bidders for the operation of a concession which includes 20 cottages, a camp store and swimming pool. The concession is located at Eldon Hazlet State Park in Carlyle, Illinois. Through IDNR programs and in conjunction with the Vendor, the 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:

Vendor must have the concession open per the hours listed in Section 1.3. Vendor further agrees that the Concession shall not close for any period of time in excess of two (2) days without prior approval of Site Superintendent and Concession Manager.

1.2.1. REQUIRED SUPPLIES AND/OR SERVICES:

Cottages: Vendor shall offer cottage rentals year-round to the public.

Camp Store: Vendor shall sell, serve or dispense food, confections, hot and cold non-alcoholic beverages, souvenirs, novelties, newspapers, post cards, boating equipment, bait, marine, fishing, picnic, camping and swimming related supplies, Illinois Native Firewood and bagged ice.

Swimming Pool: Vendor shall operate the Swimming Pool and charge admission.

1.2.2. AUTHORIZED SUPPLIES AND/OR SERVICES:

In addition, the concession is authorized to offer prepared food, rent bicycles (non-motorized), kayaks, pool items, fishing equipment (poles, nets, etc.) as well as laundry machine services. Other concession-related items allowable for rent must have prior written approval from the Site Superintendent and Concession Manager. Vendor may also drive through the campground, or offer delivery, from 8:00 a.m. to dusk to offer the above-listed items for sale if they choose to do so.

Business Enterprise Program for the Blind (BEPB) has first right of refusal for any vending machine services. If BEPB declines interest in providing non-alcoholic beverages and/or snack vending machines at this concession, then the vendor may offer can or bottle non-alcoholic beverages and/or pre-packaged snacks. Vendor shall not sell items of direct competition with BEPB vending machines.

Video Gaming, whether for entertainment purposes only or for chances to win money and/or other things with a monetary value is not allowed. 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.

1.3. 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.

1.3.1. COTTAGE RENTALS:

Vendor shall provide a twenty-four (24) hour facility for all overnight guests year-round. All goods and services associated with the cottages shall be available to patrons from 7:00 a.m. until 9:00 p.m. Sunday through Thursday and until 10:00 p.m. on Friday and Saturdays for such availability. Guests shall be provided with contact information for the Cottage Rental Manager as well as the contact information for the Maintenance Manager for maintenance and all other reasonable needs after regular business hours including but not limited to issues with HVAC, plumbing, lock out, etc.

Opening date is expected to be within 30 days of contract execution.

1.3.2. CAMP STORE:

May 1 through October 31:

Daily: 8:00 a. m – 8:00 p.m.

November 1 through April 30:

Daily: 8:00 a. m – 4:00 p.m.

1.3.3. SWIMMING POOL:

Memorial Day Weekend through Labor Day Weekend:

Daily: 11:00 a.m. – 7:00 p.m.

Inclement Weather: Vendor may close the pool for inclement weather with the Site Superintendent’s approval.

1.3.4. Optional Hours: Vendor may choose to open as early as 7:00 a.m. and stay open as late as 9:00 p.m. without prior written approval of the Site Superintendent if business warrants. Vendor may be allowed to operate prior to 7:00 a.m. or after 9:00 p.m. by obtaining prior written consent of the Site Superintendent.

1.4. MILESTONES AND DELIVERABLES:

1.4.1. 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. Hunting/Fishing License/Stamp sales.

5. 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 Frederick.Murphy@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

1.4.2. Vendor shall provide the concession manager with financial statements prepared by an external licensed Certified Public Accountant (CPA), including a Profit and Loss Statement for the preceding calendar year no later than May 1st of the following year. This document shall reflect all business transactions on or from the leased premises during the year. The Profit and Loss statement should also acknowledge which licensed CPA prepared the statements.

1.4.3. OPERATING & CAPITAL BUDGETS: Before January 15th of each year during the term of this lease, Vendor shall prepare and submit to IDNR: (i) Vendor’s annual forecast of operating revenues and expenses for the next calendar year; (ii) a budget of capital expenditures for real and personal property for the next fiscal year, and for a rolling, prospective three-year period: (iii) a summary of the Concession’s marketing plan for the next fiscal year; and (iv) an annual analysis which itemizes cash flow estimates on a monthly basis.

1.4.4. Vendor shall submit by March 15th of each year to the Site Superintendent and Concession Manager a complete list of items purchased from the previous year using Reserve Account Funds.

1.4.5. 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 no later than March 15th of each year of the contract, or within 30 days of contract execution. 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.

1.4.6. Vendor shall submit all required licenses to the Site Superintendent and Concession Manager prior to opening for the 2026 season and no later than March 15th for each year of the contract.

1.4.7. All property/equipment left by Vendor at the concession for 14 days after conclusion of the Contract shall be considered abandoned and shall be considered State Property from that moment forward.

1.4.8. 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.

1.4.9. 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.

1.4.10. 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.

1.4.11. Vendor shall submit a list of contacts, phone numbers, and distance from their home address to the Cottages for all managers and maintenance workers to the Site Superintendent. Vendor shall update list as needed. On-call maintenance personnel shall always be no more than 30 minutes from the Concession.

1.5. VENDOR/STAFF MANDATORY REQUIREMENTS:

1.5.1. OPERATION

1.5.1.1. Vendor shall be required to have a minimum of five (5) years’ experience owning or managing in the hospitality industry. Vendor should submit proof of managing/operating experience with Bid. The contract cannot be awarded until the requested document has been received.

1.5.1.2. 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.

1.5.1.3. 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.

1.5.1.4. Vendor shall be required to advertise through social media and/or with a website prior to opening 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 media accounts. The account(s) will be issued by the IDNR Communications Office, and the Vendor shall be granted administrative access to the account(s).

Any Website or social media account relating to an IDNR concession contract shall not be allowed to advertise and/or add links to additional businesses on these social media accounts unless there is a current contract with IDNR for these other locations/businesses.

1.5.1.5. 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 25’ 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.

1.5.1.6. Vendor shall not take reservations more than 6 months in advance of guests’ attendance.

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

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

1.5.1.9. Vendor shall be responsible for electricity, water, propane, internet, telephone at the camp store, trash, alarm, pest control and all other utility services not listed in this contract that are necessary for the proper operation of the concession.

1.5.1.10. Vendor shall bring in professional pest management services on a quarterly basis or more frequently if the Vendor, Site Superintendent or Concession Manager determines that the need arises to ensure all leased buildings are pest and rodent free.

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

1.5.1.12. 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.

1.5.1.13. 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 410 ILCS 625.

1.5.1.14. 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.

1.5.1.15. Vendor shall only offer compostable food ware or recyclable food ware for use at State Parks. Vendor shall not use single-use plastic disposable food ware or disposable food service containers that are composed in whole or in part from polystyrene foam per 30 ILCS 500/45-23 and 30 ILC 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.

1.5.1.16. Vendor will not serve anything contained in individual glass containers.

1.5.1.17. Vendor agrees to operate the interior of all concession buildings as non-smoking facilities. 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.

1.5.1.18. 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 2026 season and by March 15th of each following year of the contract a list of item(s) Made in the USA along with a photo of the area the item(s) are for sale to the concession manager.

1.5.1.19. 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/

1.5.1.20. Vendor shall be responsible for the maintenance and upkeep of the permanent docks located on the lake.

1.5.1.21. 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.

1.5.1.22. Vendor agrees to fully and actively promote and market the Concession. Vendor shall, on an annual basis, budget a minimum of 2% of gross revenues for marketing the Concession. Before January 15th of each year during the term of this lease, Vendor shall prepare and submit to IDNR a summary of the Concession’s marketing plan for the next fiscal year.

1.5.1.23. The Site Superintendent’s and Cottage General Manager’s contact information, including email, shall be included on check out listings located on each interior door of the Cottages.

1.5.1.24. SWIMMING POOL:

1.5.1.24.1. Vendor must operate in accordance with Swimming Facility Code 77 ILL Adm. Code 820. – to include providing certified lifeguards during all hours of operation.

1.5.1.24.2. Vendor shall clean and maintain all aspects of the pool operation, including but limited too: pool pump, filters, gutters.

1.5.1.24.3. Vendor shall clean and prepare pool for the opening of the concession season at least 10 days prior to opening for the season and maintain the pool throughout the season per Facility Swimming Code 77 ILL Adm. Code 820.

1.5.1.24.4. Vendor must use the small water valve when filling the pool. Vendor shall drain the pool and winterize the pool house by September 30 of each year. Any damage to the Site or State Property due to the lack of proper winterization shall be the responsibility of the Vendor to replace and/or repair without utilizing Reserve Account funds.

1.5.1.24.5. When draining the pool Vendor shall not drain the water through the main lift station of the Site.

1.5.1.24.6. Vendor shall be responsible, at Vendor's own expense (not reserve account funds), for all chemicals and supplies needed to operate the swimming pool in accordance with state and local public health codes. The Clinton County Health Department will provide the specifications for all chemicals and other supplies needed to treat the water.

1.5.2. MAINTENANCE

1.5.2.1. Vendor shall be required to have on staff a maintenance person twenty-four (24) hours per day, to be available during regular business hours and on-call after regular business hours. On-call maintenance personnel shall always be no more than 30 minutes from the Concession. Maintenance personnel shall be responsible for routine maintenance and repairs to the equipment and all concession buildings, excluding Section 1.6.2.1. IDNR Responsibilities, as well as be knowledgeable and have a minimum of five (5) years’ experience in mechanical, plumbing and electrical repairs. It is highly recommended that personnel have licenses or certifications for proof of experience and all copies of licenses or certifications processed by maintenance personnel shall be given to the Concession Manager. Maintenance personnel should also be available to handle guest problems (ie: plugged toilet/drains, locked out, broken locks, heat/air conditioning, emergencies, inquiries, etc.). Vendor must submit maintenance personnel’s work experience within one week of filling the position.

1.5.2.1.1. Clean and blowout dirt from motors and coils of freezers, refrigerators and radiators

1.5.2.1.2. Maintain and keep in good operational condition of pumps, motors, etc.

1.5.2.1.3. Change and clean vendor supplied furnace/air conditioner filters.

1.5.2.1.4. Responsible for temperature control system in the Concession Buildings. Check thermostats of buildings and on a daily basis.

1.5.2.1.5. Clean smoke/fire and carbon monoxide detectors and change batteries bi-annually.

1.5.2.1.6. Test the batteries in all emergency lights monthly and replace batteries if test failed.

1.5.2.1.7. Add enzymes/drain cleaners to drains on floors and sinks monthly.

1.5.2.1.8. Clean downspouts and rain gutters at a minimum twice per year.

1.5.2.1.9. Seasonal changing/cleaning of screens and storm windows.

1.5.2.2. Vendor shall provide all janitorial supplies, services and pest control required to properly clean and operate the concession. Disinfectants are to be EPA-approved disinfectants. A list of EPA approved disinfectants and the proper ways to use them can be found at:

https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19 .

1.5.2.3. Vendor shall always keep the premises in a sanitary condition with an EPA-approved disinfectant, to include equipment, floors, counters & surfaces in conformity with applicable Federal, State and local laws. Clean and sanitary condition means free of dirt, dust, mud, spillage, and refuse.

1.5.2.4. All windows, window ledges and window screens are to be cleaned monthly and additionally as needed to ensure that there are not any cobwebs, fingerprints and/or dust/dirt. Any window screens shall be repaired or replaced as soon as an issue is observed or reported.

1.5.2.5. Vendor shall provide refuse containers for use within the concession buildings, and they need to be in accordance with any applicable standards of the Illinois Environmental Protection Agency and the Illinois Department of Public Health. All refuse containers are to be emptied at the end of each business day and during the day if need arises. The refuse containers and their storage areas are to be sanitized and free of food and build-up at a minimum once per week. The location of the Vendor’s dumpster are to be at the Camp Store and in the Cottage Building Parking lot. If needed, locations of additional dumpsters shall be determined by the Site Superintendent.

1.5.2.6. Clean doors, jambs, knobs, walls, push plates, and light switches of cobwebs, fingerprints, scuff prints and marks with an EPA-approved disinfectant monthly and additionally as needed.

1.5.2.7. Clean light fixtures monthly and additionally as needed. Vendor shall supply and replace all light bulbs as needed.

1.5.2.8. Vendor shall pour bleach in the pea trap every six (6) months.

1.5.2.9. Vendor shall supply a K-Fire Extinguishers in all concession buildings. IDNR shall supply a 3LB Fire Extinguisher. Vendor shall ensure that all fire extinguishers are 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.

1.5.2.10. 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.

1.5.2.11. 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.

1.5.2.12. Vendor agrees to pick up and dispose of all refuse and litter lying on the ground within the adjacent parking lot, Vendor’s dumpster area and up to a one hundred (100) foot radius of the concession buildings whenever needed and at the close of business each day of operation. The Vendor shall empty all refuse containers within a fifty 50’ radius of the concession buildings.

1.5.2.13. All interior and exterior areas of the concession buildings(s) 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.

1.5.2.14. Vendor shall be responsible for all mowing, weed eating and shrub maintenance within the concession area, including the use of herbicide where applicable and prior written approval of the Site Superintendent. Vendor is also responsible for all flower beds, which are to be free of weeds at all times. Vendor may plant flowers or add potted plants to the flower bed(s) with prior written approval of the Site Superintendent.

1.5.2.15. In the fall, Vendor shall collect or mulch leaves within two hundred (200) feet of all concession buildings and deposit them in an area designated by the Site Superintendent. IDNR will cut down dead and hazardous trees/limbs.

1.5.2.16. Vendor shall check on fire alarm when activated and reset when necessary.

1.5.2.17. Vendor shall shut off all pumps, motors, electrical starters, freezers, etc. during power outages and reset when power is restored.

1.5.2.18. 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.

1.5.2.19. CAMP STORE: If serving prepared food:

1.5.2.19.1. Vendor shall protect and provide maintenance to the grease trap, cooking exhaust hood and all 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 on a quarterly basis and additional professional cleanings may be required as determined/required by Fire Marshall and the Public Health Departments annual inspection(s). 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. The Reserve Account monies may be used to pay for these expenses so long as it does not drop below the required threshold; otherwise, it will be the responsibility of the Vendor to cover the costs of the hood and grease trap cleanings.

1.5.2.19.2. Vendor shall pay for professional service of the fire suppression system every six (6) months. IDNR shall pay for the monthly fire suppression system monitoring and for the annual testing of the equipment.

1.5.2.19.3. Vendor shall clean the outdoor hood filters every three (3) months. Spray with hose to clean.

1.5.2.20. COTTAGES:

1.5.2.20.1. Vendor shall clean outside of cottages and all buildings ie: bird droppings, bird nests in shutters, litter, etc.) on a monthly basis or additionally as needed.

1.5.2.20.2. Vendor shall clean snow, ice and leaves from cottage sidewalks up to adjacent parking lots.

1.5.2.20.3. Vendor shall clean needles and leaves away from cottages and buildings as needed as well as from the roofs of cottages at a minimum of twice per year. Any and all tree branches and sticks shall be removed from all cottage roofs at all times.

1.5.2.20.4. Vendor shall clean vent hoods for the kitchens and fireplace vents for each cottage annually and maintain them in proper working order.

1.5.2.20.5. Vendor shall clean vents in cottage bathrooms on a monthly basis or additionally as needed.

1.5.2.20.6. Vendor shall test the batteries in all emergency lights, smoke and carbon dioxide detectors monthly and replace batteries if test failed.

1.5.2.20.7. Vendor shall be responsible for all exterior decorating and painting of the concession buildings, with IDNR supplying the Paint. All colors and decorations must have prior written approval from the Site Superintendent.

1.5.2.21. Vendor is responsible for snow and ice removal at the concession buildings, cottages and concession parking lots.

1.5.2.22. RESTROOM CLEANING:

1.5.2.22.1. 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.

1.5.2.22.2. 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.

1.5.2.22.3. Clean, disinfect, remove cobwebs, scuff prints & fingerprints from walls, 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.

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

1.5.2.22.5. 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.

1.5.2.22.6. Restock the soap, toilet paper, paper towels and the sanitary dispenser on a daily basis or as needed. Vendor will provide toilet paper, paper towels and soap.

1.5.2.22.7. Clean fittings and supply pipes, vents and light fixtures of dust and buildup on a monthly basis and additionally as needed.

1.5.3. FISCAL RESPONSIBILITIES

1.5.3.1. 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 measured by gross revenue from such business.

1.5.3.2. 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.

1.5.3.3. 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.

1.5.3.4. 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 as 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.

1.6. IDNR RESPONSIBILITIES

1.6.1. OPERATION

1.6.1.1. IDNR shall supply the equipment listed in Attachment 1. The Vendor may use any or all the equipment provided, subject to the regulations provided in Section 1.4 of this Contract.

1.6.1.2. IDNR shall provide the Vendor a list of IDNR owned equipment annually by March 15th of each year or within 30 days of contract execution for the first 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.

1.6.1.3. IDNR shall supply a 3LB Fire Extinguisher.

1.6.1.4. IDNR will allow Vendor to host activities on the premises and will be exempt from any Activity Permit Fees required (Title 17, Part 110, Section 110.4) and exempt from any Permit-to-Sell fees for said events. The Vendor is required to request permission from the Site Superintendent at a minimum 30 days in advance of plans to host events to ensure there isn’t a conflict with an IDNR site event and to ensure that it is in the park’s best interest. The insurance and liability for the event(s) will be assumed under the general liability and insurance mandated by Section 4.11 of this agreement.

1.6.2. MAINTENANCE

1.6.2.1. 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.

1.6.2.2. 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. SUBCONTRACTING:

Subcontractors are not allowed.

1.8. 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 Offeror shifts any such work outside the United States.

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 9% of gross receipts for the duration of the contract.

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. BOND: In order to secure the faithful and complete performance of the terms and conditions contained herein, Vendor shall furnish IDNR with a surety bond, or other surety acceptable to IDNR, prior to the operation of the Concession, in the sum of Ten Thousand Dollars ($10,000). This bond shall be made payable to “Illinois Department of Natural Resources” for the faithful performance and discharge of the said covenants and obligations of the Vendor.

Vendor hereby agrees to keep the bond in force throughout the term of the Lease and to have the bond under-written by a surety company approved by IDNR.

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

2.4.1. Vendor’s Percentage for Renewal(s): Submit renewal Percentages per BidBuy line items.

3. TERM AND TERMINATION

3.1. TERM OF THIS CONTRACT: The contract will have an initial term of signature of the Governor through December 31, 2030.

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.

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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 proof of Reserve Payments and required Documents to: Frederick.Murphy@Illinois.gov or the documents may be mailed to:

Agency:

Illinois Department of Natural Resources

Attn:

Concession Manager, ORCP

Address:

One Natural Resources Way, 2nd Floor

City,State,Zip:

Springfield, IL 62702

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 to this contract, including its agents and subcontractors, may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this contract. Vendor shall presume all information received from the State or to which it gains access pursuant to this contract is confidential.