HomeMy WebLinkAboutJoy's Boys 2021 Kleiner Park Concessions Lease Agreement Item#5. Mayor Robert E. Simison
E IDIA
N Treg Be City Council Members:
rnt Brad Hoaglun
Joe Borton Jessica Perreault
D A H O Luke Cavener Liz Strader
April 5, 2021
MEMORANDUM
TO: Mayor Robert Simison & Councilmembers
FROM: Garrett White, Recreation Manager, MPR Dept.
RE: Kleiner Park Concessions Lease Agreement
Background
The agreement has been through the RFP process with help from our Procurement Department.
Each proposal was scored and evaluated per the City's RFP process. The vendor with the
highest score was Joy's Boys.
Proposal
To approve the 2021 Kleiner Park Concessions Lease Agreement.
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Item#5.
LEASE AGREEMENT for
CONCESSIONS OPERATIONS AT JULIUS M. KLEINER MEMORIAL PARK
This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT JULIUS M.
KLEINER MEMORIAL PARK("Lease")is entered into by and between the City of Meridian,a
municipal corporation organized under the laws of the state of Idaho, whose address is 33 E.
Broadway Avenue,Meridian,Idaho 83642("Landlord"),and Joys Boys LLC,a limited liability
company organized under the laws of the state of Idaho, whose address is 734 Wickham Fen
Way,Boise,Idaho("Tenant"),effective the 13th day of April ,2021. In this Lease.
Landlord and Tenant may be referred to individually as a"Party"or collectively as"Parties."
WHEREAS, Landlord owns Julius M. Kleiner Memorial Park Park, located at 1900 N.
Records Avenue, in Meridian, Idaho, which park includes a concession building adjacent to the
splash pad(hereinafter"Lease Premises");
WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real
property owned by the Landlord in ways which the judgment of City Council deems to be in the
public interest;
WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the
Lease Premises to Tenant for selling concessions serves the public interest;
WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby
resolve and authorize the lease of Lease Premises to Tenant;
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein,Landlord and Tenant agree as follows.
I. Lease granted. In consideration of the payment of rent,and other sums to be paid by Tenant
to Landlord pursuant to this Lease(collectively referred to hereinafter as"Rent") and the
performance of the other covenants,conditions and agreements in this Lease to be kept and
performed by Tenant,Landlord does hereby lease and demise Lease Premises to Tenant.
11. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited
to the preparation of food consistent with the requirements and standards established by
applicable federal,state, city,and health department laws,ordinances,regulations and
resolutions;and the sale of food,beverages,swim diapers,and novelty items as set forth in
Request for Proposals and Tenant's response thereto,which are attached hereto as Exhibit.A.
Tenant shall not use or permit the use of the Lease Premises for any other purpose without
the express written consent of Landlord. Tenant warrants and represents that Tenant has
undertaken a complete and independent evaluation of any and all risks inherent in the
execution of this Lease and the operation of the Lease Premises for its use permitted hereby,
and that,based upon said independent evaluation,Tenant has elected to enter into this Lease
and hereby assumes all risks with respect thereto,some of which risks may be unknown.
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III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises,
Tenant shall provide the services enumerated in the Request for Proposals,attached hereto as
Exhibit A. Further,Tenant shall insure that the area within and immediately adjacent to
concession area of the Lease Premises is kept clean and free of all debris, litter,or other
unclean or unsightly condition caused or created by the operation.
IV. Term of lease. The term of this lease shall begin upon execution by both parties ("Effective
Date"), and expire 11:59 p.m.on September 30,2023,unless earlier terminated by either
Party by the method established herein. The lease term shall automatically be renewed from
year to year thereafter,until September 30,2025,unless written notice of termination is
given by either party to the other in the manner set forth herein. Tenant shall be deemed to
have occupied the Lease Premises for purposes of commencing the Tenn as of the Effective
Date. Time is of the essence in all matters related to this Lease.
V. Responsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease
Premises under this Lease,Tenant shall be responsible for each and all of the following.
A. Rent. Beginning with the Effective Date,Tenant shall pay Rent to Landlord according to
the Payment Schedule set forth in Exhibit B hereto. Rent shall include the cost and
expenses for all utilities in connection with the Premises,including the cost of electricity
or other fuels or power sources,water and sewer services,and waste disposal services.
Land line telephone service is not available at the premises.
B. Season close-out. Within seven(7)days of the last day of operation each year,Tenant
shall complete each and all of the following:
1. Deep clean the Lease Premises,to include: descaling sink,faucets,and knobs;wash
walls,doors,cabinets,and vents;remove all debris from and scrub floors;disinfect all
surfaces;wipe out and sanitize garbage cans and recycling bins;empty and disinfect
all cabinets;defrost freezer;and disinfect microwave,refrigerator,freezer, and other
food storage or preparation areas.
2. Remove all perishable items from the Lease Premises;
3. Unplug all equipment;
4. Upon request of Landlord,remove some or all of Tenant's equipment and personal
property from the Lease Premises so Landlord can perform routine maintenance and
repair; and
5. Obtain written approval from City that the tasks set forth in this section have been
completed satisfactorily, and that the Lease Premises can be closed for the season in a
clean and sanitized condition.
C. Criminal background check. Tenant, and each and all of Tenant's employees working
at the Lease Premises or any person present within the Lease Premises pursuant to
Tenant's invitation or consent,shall first undergo a criminal background check.Tenant
will be responsible for the cost of background checks for each of their employees.
Landlord will pay the cost for Tenant's background check. Tenant shall not allow any
employee or person to be present within the Lease Premises whose criminal history
includes any felony or misdemeanor conviction for a crime involving or related to
violence,drugs or alcohol,sex crimes, theft,fraud,or moral turpitude.
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D. Personal property taxes. If applicable,Tenant shall pay,prior to delinquency,all
personal property taxes payable with respect to all personal property of Tenant including
any inventory,equipment,floor,ceiling and wall coverings,furniture and/or trade
fixtures kept or used in or on the Lease Premises, and any improvements to the Lease
Premises that are owned by and separately assessed to Tenant("Property of Tenant").
E. Surrender of Lease Premises; removal of property. Subject to the provisions set forth
herein regarding early termination,upon expiration of the Lease term or earlier
termination of the Lease, whether by lapse of time or otherwise,Tenant,at Tenant's sole
expense,shall:
1. Remove the Property of Tenant;
2. Repair and restore the Lease Premises to a condition as good as received by Tenant
from Landlord,reasonable wear and tear excepted; and
3. Promptly and peacefully surrender the Lease Premises and yield up possession to
Landlord.
Any Property of Tenant left on the Premises after the expiration or termination of the
Lease shall be deemed to have been abandoned and shall become the property of
Landlord. Tenant shall be liable for all costs associated with the removal and/or disposal
of such property. Tenant hereby waives all claims for damages that may be caused by
Landlord's reentering and taking possession of the Lease Premises or removing and
storing the Property of Tenant and/or other property as herein provided. No such reentry
shall be considered or construed to be a forcible entry. Tenant shall indemnify Landlord
against any loss or liability resulting from delay by Tenant in surrendering the Lease
Premises,including,without limitation,any claims made by a succeeding tenant founded
on such delay.
F. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease
Premises and does hereby accept the Lease Premises as being in good and satisfactory
order,condition, and repair. It is understood and agreed that Landlord makes no
warranty or promise as to the condition,safety, usefulness or habitability of the Lease
Pren-dses,and Tenant accept the Lease Premises"as is." In entering into this Lease,
Tenant is relying on its own investigation and inspection of the Lease Premises and its
own determination of the suitability of the Lease Premises,physically and legally,for its
intended use.
G. Alterations. Tenant shall make no additions,changes,alterations or improvements to the
Premises or to any electrical,mechanical or fire protection facilities pertaining to the
Premises without the prior written consent of Landlord. Tenant shall be responsible for
any and all code requirements resulting from any additions,changes,alterations or
improvements to the Premises.
H. Waste. Tenant shall not commit or allow to be committed any waste upon the Premises,
or any nuisance,or any act in or about the Premises that disturbs the quiet enjoyment of
Landlord. Tenant,at Tenant's sole expense, shall comply with all laws and regulations
relating to its use or occupancy of the Lease Premises.
I. No assignment or subletting. Tenant shall not,without first obtaining Landlord's
consent: (1)sell,assign, mortgage,or transfer this Lease or any interest therein; (2)
JULIUs M.KLEiNER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 PAGE.3
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sublease all or any portion of the Lease Premises;or(3)allow the use or occupancy of
the Lease Premises by anyone other than Tenant. No assignment or sublease shall relieve
the Tenant of any liability under this Lease,unless Landlord consents in writing to accept
such assignment or sublease as a whole or partial novation.Notwithstanding the
foregoing,any transfer of this Lease by merger,consolidation or liquidation of Tenant
shall not constitute an assignment hereunder.
J. Compliance with ADA. Tenant shall not enter into any change of use of the Premises,
whether approved by Landlord or not, if such change in use would result in increased
liability of Landlord under the Americans with Disabilities Act of 1990,Public Law No.
101-336,42 USC 121.01 et. seq. as it may be amended from time to time("ADA").
K. No Hazardous Substances. Tenant specifically agrees not to use,store or deposit any
substance that is hazardous or dangerous to person,property or the environment(or any
similar substance)as now or hereafter defined by or determined pursuant to any
applicable state or federal law or regulation in amounts exceeding legally permissible
levels in, on,or about the Premises.
L. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by
Tenant on the Premises, and Tenant will keep the Lease Premises free and clear of all
mechanics' liens on account of work done by Tenant or persons claiming under Tenant.
Tenant agrees to defend,indemnify and save Landlord free and harmless against liability,
loss,damage,costs,attorneys'fees,and all other expenses on account of claims of lien of
laborers or materialmen or others for work performed or materials or supplies furnished
to Tenant or persons claiming under Tenant. If Tenant shall desire to contest any claim
of lien,it shall furnish Landlord adequate security for the value or in the amount of the
claim,plus estimated costs and interest,or a bond of responsible corporate surety in such
amount conditioned on the discharge of the lien. If a final judgment establishing the
validity or existence of lien for any amount is entered,Tenant shall pay and satisfy the
same at once. If Tenant shall be in default in paying any charge for which a mechanics'
lien claim and suit to foreclose has been filed and Tenant shall not have furnished
Landlord adequate security as more particularly provided above, then,in order to protect
the Lease Premises and Landlord against such claim of lien,Landlord may,but shall not
be required to,pay the claim and any costs,and the amount so paid, together with
reasonable attorneys'fees incurred in connection therewith, shall be immediately due and
owing from Tenant to Landlord, and Tenant agrees to and shall pay the same. Should
any claims of lien be filed against the Lease Premises or any action affecting the Lease
Premises be commenced, the Party receiving notice of such lien or action shall forthwith
give the other Party written notice thereof_
M. Indemnification. Tenant specifically indemnifies Landlord and holds Landlord harmless
from any loss,liability,claim,judgment,or action for damages or injury to Tenant,to
Tenant's personal property or equipment, and to Tenant's employees,agents,guests or
invitees arising out of or resulting from the condition of the Lease Premises or any lack of
maintenance or repair thereon and not caused by or arising out of the tortious conduct of
Landlord or its employees. Tenant further agrees to indemnify and hold Landlord
harmless from any loss,liability,claim or action from damages or injuries to persons or
property in any way arising out of or resulting from the use and occupancy of the leased
JULIUS M.KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 PAGE 4
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premises by Tenant or by Tenant's agents,employees,guests or business invitees and not
caused by or arising out of the tortious conduct of Landlord or its employees. If any
claim,suit or action is filed against Landlord for any loss or claim described in this
paragraph,Tenant, at Landlord's option;shall defend Landlord and assume all costs,
including attorney's fees, associated with the defense or resolution thereof, or indemnify
Landlord for all such costs and fees incurred by Landlord in the defense or resolution
thereof.
N. Insurance.
L Comprehensive Liability Insurance. Tenant shall purchase and maintain in force
throughout the term of this lease in force with an insurance carrier acceptable to
Landlord a policy of commercial general liability insurance covering the activities of
Tenant in connection with the Lease Premises,having a combined single limit of not
less than one million dollars($1,000,000)per person and per occurrence and property
damage liability insurance with a limit of not less than one million dollars
($1,000,000)per accident or occurrence. The insurance shall insure against any and
all liability of Tenant with respect to the Lease Premises and any other property used
or useable by Tenant.
2. Personal Property Insurance. Tenant shall purchase and maintain in force
throughout the term of this lease insurance covering all of Tenant's and Landlord's
furniture and fixtures,machinery,equipment,inventory,and other personal property
owned or used by Tenant in,on,or about the Lease Premises. All policy proceeds
shall be used for the repair or replacement of the property damaged or destroyed
regardless of the cause of such damage;however, if this Lease ceases due to early
termination due to damage or destruction as described herein,Tenant shall be entitled
to any proceeds resulting from damage to Tenant's furniture and fixtures,machinery,
equipment,inventory, and any other personal property.
3. Policy Form. All policies of insurance provided for herein shall be issued by
insurance companies rated A, Class VI, or better in Best's Key Rating Guide and
qualified to do business in the State of Idaho. All insurance required to be furnished
by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord
naming Landlord as additional insured and copies of policies of such insurance or
certificates issued by the insurance company evidencing the existence and amounts of
such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace
such insurance at least thirty(30)days prior to the expiration date of such policy shall
constitute a material default under the terms of this Lease.All policies of insurance
provided by Tenant may be provided within the coverage of a blanket policy(s)of
insurance carried and maintained by Tenant.
4. Failure of Tenant to Insure. In the event Tenant shall fail to purchase and keep in
force any of the insurance required of the Tenant,Landlord has the light to terminate
the Lease. Landlord may,but shall not be required to,purchase and keep in force the
same,in which event the Tenant shall pay to the Landlord the full amount of the
Landlord's expenses with respect thereto,said payment to be made within ten(10)
days after demand for such payment by the Landlord.
JULIUS M.'(LEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 PAGE S
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5. Insurance Risks. Tenant shall not do or permit to be done any act or thing upon the
Premises or the Building which would(a)jeopardize or be in conflict with fire
insurance policies covering the Building and fixtures and property in the Building;(b)
increase the rate of any insurance applicable to the Building to an amount higher than
it otherwise would be for the general use of the Building-,or(c)subject Landlord to
any liability or responsibility for injury to any person or persons or to property by
reason of any business or operation being carried on upon the Lease Premises.
VI. Responsibilities of Landlord. During the Lease term,Landlord shall be responsible for
each and all of the following.
A. Repair and maintenance of Lease Premises. Landlord shall repair and maintain the
structural portions of the Lease Premises,including,but not limited to,the electrical
systems,roof,and structural integrity of the premises, unless such maintenance or repairs
are required as a result,in whole or in part,of the act of,or neglect of any duty by,
Tenant,its agents,servants,employees,or invitees,in which event Tenant shall pay to
Landlord the reasonable cost of such maintenance or repairs within ten(10)days of
Tenant's receipt of Landlord's itemized bill therefor.
B. Equipment. The parties acknowledge equipment owned by Landlord, as described in
Exhibit C hereto. All such equipment shall be placed in good working order by the
Effective Date at Landlord's sole expense.During the Term,Landlord shall repair and
maintain equipment owned by Landlord.
C. Entry and inspection. Landlord at all reasonable times,and at any time in case of
emergency, may enter the Lease Premises for the purpose of inspection;cleaning,
repairing, altering,maintaining or improving the Lease Premises,subject to Tenant's
reasonable security requirements.
D. Property insurance. Landlord shall maintain insurance on the Lease Premises,
excluding equipment described in Exhibit C, which insurance Tenant shall provide. The
insurance provided for in this Section may be provided within the coverage of a blanket
policy(s)of insurance carried and maintained by Landlord.
VIi. GENERAL PROVISIONS.
A. No agency;independent contractor. It is understood and agreed Tenant shall not be
considered an agent of Landlord in any manner or for any purpose whatsoever in
Tenant's use and occupancy of the Lease Premises. In all matters pertaining to this
Lease,Tenant shall be acting as an independent contractor,and neither Tenant nor any
officer,employee or agent of Tenant shall be deemed an employee of Landlord. Tenant
shall have no authority or responsibility to exercise any rights or power vested in
Landlord.
B. Notices. All notices to be provided under this Agreement shall be in writing and
addressed as follows:
Tenant: Joys Boys LLC
Attn: Roger Patterson
JULIUS M.KLEINFR MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 PAGE 6
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734 Wickham Fen Way
Boise,Idaho 83709
Landlord: City of Meridian
Attention:Recreation Manager
33 East Broadway
Meridian,Idaho 93642
Notices shall be either personally delivered or sent by U.S. mail, postage prepaid.
Notice shall be deemed to have been given upon deposit in the U.S, maiI, or upon
personal delivery to the party above specified.
C. Early termination due to damage or destruction. In the case of damage to the Lease
Premises or decreased park use by a Force Majeure, Tenant shall immediately notify
Landlord. "Force Majeure" shall mean a cause or event that is not reasonably foreseeable
or otherwise caused by or under the control of either Party, including acts of God,
pandemic,fire, flood, vandalism, accident, governmental acts, threats to human health or
safety,and other like events that are beyond the reasonable anticipation or control of Party
affected thereby. If the Premises or Building are damaged by Force Majeure to such extent
that they are rendered unusable or unsafe for use,Landlord may immediately terminate this
Lease.
D. Default or breach;cure;termination. If Tenant is in breach or default of any of the
terms,covenants or conditions of this Agreement and Tenant fails or refuses to cure such
breach or default within ten(10)days of written notice thereof,this Agreement,and all
rights of Tenant in and to Premises,at Landlord's option,may be deemed terminated and
forfeited without further notice or demand. In the event of any default or breach of this
Agreement and Tenant's failure or refusal to cure as hereinbefore provided,Landlord
may,upon three(3)days' notice,enter into and upon the premises,take possession
thereof and expel Tenant therefrom,with or without process of law,and without being
guilty of trespass,and without prejudice to any and all other rights and remedies
Landlord may have.Tenant shall be liable for any damages and any costs,including legal
expenses and attorneys' fees, incurred by Landlord in recovering the Premises hereunder.
The rights,privileges, elections and remedies of Landlord set forth in this Lease or
allowed by law or equity are cumulative,and the enforcement by Landlord of a specific
remedy shall not constitute an election of remedies and/or a waiver of other available
remedies.
E. No waiver. Landlord's waiver on one or more occasion of any breach or default of any
term,covenant or condition of this Lease shall not be construed as a waiver of any
subsequent breach or default of the same or a different term,covenant or condition,nor
shall such waiver operate to prejudice, waive,or affect any right or remedy Landlord may
have under this Agreement with respect to such subsequent default or breach by Tenant.
The acceptance of any Rent by Landlord shall not be deemed to be a waiver of any
preceding breach by Tenant of any term,covenant or condition of this Lease,other than
the failure of Tenant to pay the particular Rent so accepted,regardless of Landlord's
knowledge of such preceding breach at the time of acceptance of such Rent.
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F. No obligation. By the granting of this lease, Landlord does not in any way bar,obligate,
limit,or convey any warranty with regard to any action relating to development or
operation of said premises,including,but not limited to,annexation,rezone,variance,
permitting,environmental clearance, or any other action allowed or required by law or
conveyed by City Council.
G. Mediation. Any disputes between the Parties in connection with the rights and
obligations under this Lease,shall be settled by mediation upon the request of any Party
and the mutual agreement of both parties. Mediation shall be a required precursor to
litigation filed regarding this Agreement. All costs associated with mediation shall be
shared equally by the parties.
H. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination
against any person or group of persons on account of race,color,creed,religion,sex,
marital status,national origin or ancestry,in the leasing, subleasing,transferring,use,
occupancy,tenure, or enjoyment of the Premises.
I. Attorney fees. Tenant shall be Iiable to Landlord for all damages and costs,including
legal expenses and attorneys'fees,suffered or incurred by Landlord in the enforcement of
any of the terms, covenants or conditions of this Agreement.
J. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part
of hereof as if the exhibits were set forth in their entirety herein.
K. Entire agreement, This Agreement and the Exhibits hereto contain the entire agreement
of the parties and supersedes any and all other agreements,leases,or understandings,oral
or written,whether previous to the execution hereof or contemporaneous herewith. No
oral or written inducements to execute this Lease have been made to Tenant. In entering
into this Lease,Tenant relies upon no statement, fact,promise or representation, whether
express or implied,written or oral,not specifically set forth herein in writing.
IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their
duly authorized officers to be effective as of the day and year first above written.
TENANT-
,JOYS Bj YS LLC
4Ro atterson
LANDLORD:
CITE'OF MERIDIAN: ATTEST:
BY:
Robert E. Simison,Mayor 4-13-2021 Chris Johnson,City Clerk4-13-2021
By Adrienne Weatherly, Deputy Clerk
JULIUS ivl.KLEINER NIENIORIAL PARK CONCESSION BUILDING LEASE AGREFmENr 2021-2023
PaCF.R
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EXHIBIT A
REQUEST FOR PROPOSALS
JULIUS M.KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 Page 9
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Meridian Parks and Recreation Department
2021-2023 Julius M. Kleiner Memorial Park Concessions Building
Request for Proposals
Scope of Work
Meridian Parks and Recreation is seeking proposals for vendors to provide seasonal concessions
services in the Julius M. Kleiner Memorial Park concessions building. To be considered, complete
proposals must be submitted to the Meridian Parks and Recreation Department office by 5:00pm on
Wednesday,January 13, 2021. Proposals may be mailed, faxed, or submitted in person. For any
questions, contact Garrett White at the Meridian Parks and Recreation Department.
Meridian Parks and Recreation Department
33 E. Broadway Ave. Suite 206
Meridian, ID 83642
Phone: 888-3579
Fax: 898-5501
E-Mail: awhite@meridiancity.ora
Pre-proposal On-Site Conference: Monday,December 14th at 4:00pm
MANDATORY [ ] YES Meet at the Concessions Building
[X] NO See Map on Attachment A
Questions Deadline: Wednesday, December 16`h by 5:00pm
Addendum: Monday, December 2151 by 5:00pm
Proposal Due Date: Wednesday, January 13`h, 2021 by 5:00pm
A. Evaluation Criteria. Proposals received will be evaluated utilizing the following criteria and
point values: Product menu and proposed prices (25); proposed lease payment (25); references and
experience in similar operations (50). Proposals containing false information will not be considered.
Potential vendors whose criminal history includes any felony or misdemeanor conviction for a crime
involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude will not
be considered.
B. Julius M. Kleiner Memorial Park Concessions Building. Julius M. Kleiner Memorial Park is a
60 acre park located at 1900 N. Records Ave. near the NE corner of Eagle Road and Fairview Ave. It
is right next door to The Village at Meridian shopping complex which leads to a significant amount of
crossover foot-traffic. Amenities at the park include the Meridian Senior Center, Rock of Honor
Memorial, two large ponds that are stocked for fishing, five reservable picnic shelters,playground,
splash pad, sand volleyball court, bocce ball courts, basketball courts, bandshell and amphitheater,
arboretum, and several walking paths. The park is also host to a variety of special events throughout
the year including Gene Kleiner Day, Meridian Community Block Party, Treasure Valley Ford and
Mustang Club Car Show, and the Meridian Kiwanis Wing-Off among many others. Event organizers
are permitted to bring their own food vendors as part of their events. Those vendors, however, are not
permitted to offer snow cones or similar products to snow cones such as gelato or ice cream from May
151h—September 151h annually in an effort to protect what's typically the best-selling product at the
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concessions stand. The selected concessionaire may not set up booths or an area outside the
concessions buildings without permission from the City of Meridian and or the event organizer in
which fees may occur.
The concessions building is located on the west side of the park in the active recreation complex which
includes the playground, splash pad, two picnic shelters, sand volleyball and bocce ball. The interior
of the concessions building is 16 '/2' x 221/2'. Equipment included in the concessions building that will
be available for use by the successful proposer include a three compartment sink, hand washing sink,
and mop sink. All other food preparation and storage equipment will need to be provided by the
successful proposer.
C. Dates/Times of Service. The successful proposer will be required to be open daily, Monday-
Sunday, while traditional calendar schools are out for summer(TBA). In addition, the successful
proposer must be open weekends from Memorial Day weekend through Labor Day weekend. Times
of operation 12:00pm-7:00pm (at a minimum) on all open days. Additional dates and/or times of
operation may be requested by Meridian Parks and Recreation based on activities scheduled at the
park. The successful proposer may choose to be open during dates and times that exceed these
minimums. However, hours must stay consistent through the summer. By City Code, the park closes
daily at one-half hour after sunset unless otherwise ordered or allowed by the Department Director in
writing. Exceptions to the minimum dates and hours of operation may be allowed in the event of
adverse weather or other prohibitive conditions.
D. Additional Requirements. Upon selection, the successful proposer must:
• Have or obtain all necessary Central District Health Department permits.
• Provide a copy of their current liability insurance policy with the City of Meridian named as
additionally insured.
• Negotiate and enter into a separate, detailed lease agreement with the City of Meridian
establishing terms and conditions of operation in Julius M. Kleiner Memorial Park. This lease
agreement will be for a term of 3 years unless otherwise negotiated between the successful
proposer and the City of Meridian.
• Undergo and pass a criminal background check. The cost of the successful proposer's
background check will be paid for by the City of Meridian (no more than one individual).
• If employing one or more persons to work in the concession building, provide worker's
compensation insurance and require all employees to undergo a criminal background check
through the City of Meridian. The successful proposer shall not employ any person to work in
the concession building whose criminal history includes any felony or misdemeanor conviction
for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral
turpitude. The cost of all employees' background checks each year will be paid for by the
successful proposer. The current cost of a background check is $18.50.
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Item#5.
Vendor Information
Vendor Name:
Vendor SSN: State of Idaho Resale Number:
Business Name:
Address:
City: State: Zip:
Home Phone: Work Phone: Cell Phone:
E-Mail: Fax:
Vendor Proposal
Please answer the following questions with as much detail as possible. Attach additional pages if
needed.
1. List the products you propose to offer for sale as well as the proposed prices.
2. State your proposed lease payment to operate the concession stand at Julius M. Kleiner
Memorial Park as described above. List as a percentage of gross sales.
3. Describe your experience in managing comparable operations.
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Item#5.
4. List three (3) references who can attest to your quality of product and service.
Name Address Phone Number Relationship
5. Disclose any and all criminal convictions, including withheld judgments, for felonies or
misdemeanors involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or
moral turpitude.
6. Include any additional information you would like to be considered in the RFP awarding
process.
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Item#5.
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Item#5.
Joy'sBoys LLC
Boise,734 S. Wickhann Fen Way, 0•
...
•• •
Moog
City of Meridian
33 East Broadway Ave., Ste 106, Meridian, ID 83642
To Whom It May Concern,
Joy's Boys LLC is excited to be considered for the Julius Kleiner Park Concessions (RFP NO.
PKS-2112-11250) and continue our existing relationship.Joy's Boys LLC has successfully
operated the Julius Kleiner Park Concession Stand for the past 6 years. Beyond the
concession stand, we have partnered with the City of Meridian for 8+ years and been
involved with Friday Night Movie Nights, parades, holiday celebrations, and other community
events. We love the City, employees, and people of Meridian.
Joy's Boys LLC is owned and operated by Treasure Valley natives, Joy and Roger Patterson.
They have 35+ years of experience and expertise around food, events, concessions, and
catering. Joy and Roger understand the importance of community and take great pride in
providing positive experiences for their patrons.
As you review our proposal, we believe you will be impressed with our prior concession
experience, operating plan, proposed concession employees, and proposed lease payment.
We look forward to continuing to work with the City of Meridian.
Warm regards,
Joy and Roger Patterson
Joy's Boys LLC
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Item#5.
Joy's Boys LLC
Operating Plan
Overview
Over the last 6 years as the current operators of the Kleiner Park Concession Stand, we have
developed an operating plan that has proven to be mutually beneficial for The City of Meridian, park
visitors, and Joy's Boys. We have invested resources into commercial grade equipment that has
expanded what offerings are available for park patrons. Beyond the products and equipment we have
to offer, we also bring skills and expertise that are invaluable. The knowledge, insight, and experience
we offer cannot easily be replaced or substituted.
COVID Plan
Sanitation and cleanliness have always been a top priority for Joy's Boys. We follow all of Central
District Health Department's recommendations and guidelines. During the 2020 pandemic, we faced
many challenges and hardships, including all events being cancelled. We stayed current with
government guidelines and established protocols and procedures to ensure safety for employees and
customers. We will continue to make sure the highest standards of sanitation and cleanliness are
followed to keep the community safe.
Event Specific Operating Plans
Kleiner Park has many annual events that require consideration and planning beyond what is
required in a normal day. With direct knowledge of the events,Joy's Boys is familiar and prepared to
handle the increased traffic, demands, and staffing required. Joy and Roger Patterson make it a point
to be on-site when special events take place. With our wide collection of concession and food
equipment, we offer additional menu items for special events to fill any gaps not met by scheduled
food vendors.
Going Above & Beyond
Joy's Boys feels a strong connection to the community and goes above and beyond the expected
duties of someone running the concession stand. There have been several occasions where flooding
has been prevented because Roger Patterson was willing to turn off and report malfunctioning
sprinklers. They keep an eye out for safety and proactively report broken playground and park
equipment.
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Item#5.
Joy's Boys LLC
Protecting the Park
Roger and Joy Patterson know several police officers from the park and have reported suspicious
activity and crimes. They have trained employees to watch and be aware of things that are happening
within the park. As an example, they have reported instances of strange adults taking pictures of
children that did not belong to them. The Meridian Police have expressed gratitude and appreciation
for the efforts Joy's Boys has made in keeping the park safe.
Existing Relationships
Joy's Boys has a great relationship with Meridian Park's department and the person responsible for
Kleiner Park. Wade, John, and others have been great to work with in the past.
Schedule
The RFP states: "The successful proposer will be required to be open daily, Monday-
Sunday, while traditional calendar schools are out for summer(TBA). In addition, the successful
proposer must be open weekends from Memorial Day weekend through Labor Day weekend.
Times of operation 12:00pm-7:00pm (at a minimum) on all open days. Additional dates and/or
times of operation may be requested by Meridian Parks and Recreation based on activities
scheduled at the park."
The RFP also states, "The successful proposer may choose to be open during dates and times
that exceed these minimums."
We intend to exceed the stated minimums by being open daily from 10:00 AM until 9:00 PM. We also
intend to exceed the minimum by being open on weekends from Easter weekend through the end of
September.
Menu & Fees
Joy's Boys offers a wide variety of menu items available at a various price points. We want to have
something for everyone, including those with dietary restrictions or budgetary concerns. Park patrons
come from a wide variety of backgrounds. Families and daycares appreciate our prices. No customer
walks away feeling like they cannot afford a healthy snack or special treat.
In addition to food items, we offer equipment rentals for bocce ball, volleyball, basketball, and
soccer. We also sell sunscreen, kites, bubbles, and other items that provide families with
entertainment while visiting the park.
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Item#5.
Joy's Boys LLC
Joy's Boys Menu (page 1 )
Hawaiian Shave Ice Snacks
(Choose from 37 Flavors) Trail Mix $2.00
Small $2.00 Peanuts $2.00
Medium $3.00 Sunflower Seeds $2.00
Large $4.00 Corn Nuts $2.00
Chips $1.00
Slush►es Jerky $2.00
(Choose from 37 Flavors) Fruit Snacks $1.00
16 oz cup $3.00 Fruit by the Foot $1.00
Apples, Bananas, Etc. $2.00
Food Popcorn $2.00
Hot Dogs $3.00 Kettle Corn Regular $5.00
Corn Dogs $3.00 Kettle Corn Family Size $10.00
Personal Pizza $3.00
Mac and Cheese $2.00 Treats
Nachos $4.00 Cotton Candy $2.00
Lunch box special $5.00 Theatre Box Candy $2.00
Cookies $2.00
Drinks Assorted Candy $1.00
Sodas $2.00
Italian Sodas $3.00 Ice Cream
Customized flavors $0.25 Ice Cream Cones $2.00
Energy Drinks $3.00 Ice Cream Bars $2.00
Gatorade $2.00 Ice Cream Sandwiches $2.00
Bottled Water $1.00 Fudge Bars $2.00
Creamsicles $2.00
Drumsticks $3.00
Continued on next page...
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Item#5.
Joy's Boys LLC
Joy's Boys Menu (page 2)
Toys Food Items for Special Events
Bubble Wands $2.00 Hamburgers % lb. $4.00
Hula Hoops $2.00 Nachos $4.00
Water Sprayers $2.00 Grilled Cheese $3.00
Kites $2.00 Pulled Pork $5.00
Beach Balls $5.00 Tacos $2.00
Sunscreen $5.00 Rice Bowls $5.00
Scones $5.00
Rentals Crepes $5.00
Bocce balls/hour $3.00 Fries $3.00
Volleyball/hour $3.00 Loaded Fries $5.00
Basketball/hour $3.00
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Item#5.
Joy's Boys LLC
Prior Concession Experience
35+ Years Total Experience
Kleiner Park Concessions • 6 years
Over the last 6 years, we have developed a meaningful rapport with park patrons and built lasting
relationships as we have seen families grow
• Hired approximately 30 local youth for the Kleiner location
• Continually increased profitability and shared revenue for the City of Meridian
• Reinvested profits into new commercial equipment to expand the Kleiner menu to include
over 40 food items
• Provided convenient park related items such as sunscreen, swim diapers, kites, bubbles,
hula-hoops, beach balls, water sprayers, etc.
• Offered various equipment rentals for park patrons to utilize Kleiner bocce ball, volleyball,
and basketball courts
Community Events • 35 years
Being native to the Treasure Valley, the Patterson's have worked at countless events
• Popular events include The Western Idaho Fair, Basque Festival, Meridian 41" of July
Celebration at Storey Park, Meridian Trunk-or-Treat, & Meridian Winter Lights Parade
• Concessions supplied have included cotton-candy, caramel apples, popcorn, shave ice, ice-
cream, tacos, pulled pork, nachos, waffles, hot dogs, drinks, etc.
• Maintained positive relationships with event organizers
Catering, Weddings, Parties • 35 years
The Patterson's have been able to provide many unique experiences by offering their services and
expertise at special events for businesses and individuals
• Successfully managed food planning and catering for large events with 400+ guests
• Has been critical in creating special memories for smaller, intimate events
• Offers a variety of options and possibilities to fit all ideas and budgets
School Events • 32 years
We take pride in working with local schools to create positive experiences and memories for children
and parents
• Worked with local schools for fundraising events
• Frequently volunteers and donates profits for the improvement of local schools
• Served a variety of food and concessions depending on school requests
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Item#5.
Joy's Boys LLC
Shave Ice Stands * 10 years
Starting in 2011, we have extended our business and opened 7 locations in the Treasure Valley
• Hired and employed over 110 employees
• Provide workforce training to many youth; teaching them customer service, individual
responsibility, and commitment
• Developed a very loyal following of customers who have traveled as far as Minnesota to
enjoy our Shave Ice
Kettle Corn Trailer • 9 years
Patrons love our custom-built trailer that houses a giant kettle and provides a unique experience
watching and smelling homemade kettle corn popped on site
• Can quickly produce kettle corn and capable of serving any size crowd
• Can be set up and used year round
• A popular attraction at any event, especially Friday Night Movie Nights at Settler's Park
COOT Bus • 8 years
Owner of mobile concession vehicle that can be seen at different events throughout the valley
• Set up at various school fundraising events for the West Ada School District
• Available for private events and gatherings
• Worked with multiple churches for family/community events
4
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Item#5.
Joy's Boys LLC
References
Greg Lake Vaughn Wilkes Tanya Boyd
208-921-8601 208-863-2014 208-867-7322
565 N Maybelle PI 11084 Sandhurst 8962 New Castle Dr
Star, ID 83669 Boise, ID 83709 Middleton, ID 83644
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Item#5.
Joy's Boys LLC
Proposed Concession Employees
Overview
Throughout our years of experience, we have hired over 150 employees. Many employees have
thanked us for providing them with valuable training and experience that they have been able to use
to better themselves.
We have experience identifying individuals who are reliable, teachable, and understand the
importance of good customer service. During the interview process, we look for people who are
positive, friendly, organized, neat and clean.
Staff for the Summer of 2021 will be selected as we get closer to opening dates. We prioritize
returning staff and will hire as needed. Joy's Boys will carefully screen all potential hires and will
ensure background checks are completed through the City of Meridian before employment.
As owners and operators of Joy's Boys, Roger and Joy Patterson are at the park every day. They
personally open and close the concession stand daily. To prevent unauthorized access, Joy and Roger
are the only individuals with keys to the concession stand.
Employee Training and Expectations
Joy's Boys has high standards for their employees. Park patrons often associate concession stand
employees as Meridian Park employees. As such, we expect a high level of professionalism from all
individuals working in the concession stand.
We have a thorough policies and procedures manual that all new employees are expected to read,
sign, and follow. The manual provides guidance on harassment, discrimination, language, drug use,
workplace atmosphere, dress code, hygiene, illness, and safety.
During onboarding, employees go through a training program that involves roleplaying and instills the
following:
• Food Preparation & Handling • Sanitation and Cleanliness
• Customer Service • COVID Guidelines
• Money Handling & Payment Processing • Machine Operation
• Taking Orders & Counting Cash • Math and Language Skills
• Making Product • Dress and Grooming Expectati8W 24
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Item#5.
Joy's Boys LLC
General Job Qualifications
• Must be a minimum of 16 years of age or older
• Ability to work flexible schedule including weekends and some holidays
• Ability to communicate effectively with coworkers and public
• Basic working knowledge of food and beverage
• Basic math skills to accurately count and handle money
• Ability to follow directions and effectively perform work
• Willing to receive and implement feedback
• Positive attitude and neat appearance
• Must be willing to submit to drug tests
• No previous felony convictions
• Must be authorized to work in the United States
Job Application
Potential employees are expected to complete the following questions included in ourjob
application.
Name:
Date:
Address:
Phone number:
Secondary number:
1. Why did you choose to apply for this job?
2. What does good service mean to you?
3. What are some examples of qualities or skills that set you apart?
4. How do you respond to stressful situations?
5. How many hours a week are you looking for?
6. What days and hours can you work?
7. Will your availability listed above change within the next few months?
8. Give us 3 references and their phone numbers.
9. Please list a brief job history. Include supervisors' names, dates employed, phone numbers, and
reason for leaving.
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Item#5.
Joy's Boys LLC
Proposed Lease Payment
Percentage of Gross Sales
The Kleiner Park Concession Stand Operator prior to Joy's Boys was losing money. Over the past 6
years, we have been able to turn things around and grow the business. Our commitment to reinvest
our profits into new equipment and offerings have allowed our business relationship to grow and
become profitable. We feel like we can continue our relationship at a rate of 16% of Gross Sales. This
rate is in line with similar operations within the Meridian Parks System.
Things to Consider
While it may be tempting to think a higher percentage of gross sales might be the best option, it is
important to consider the potential revenue that a partner will bring in each season. A Concession
Stand with limited items, a smaller menu, and fewer operating hours and days open does not have
the same potential for the higher gross revenue that we provide.
Example
: ® Competitor(Limited Menu &Reduc
Total Gross Sales $22,000 Total Gross Sales $15,000
Proposed Percentage 16% Proposed Percentage 22%
Revenue for City of Meridian $3,520 Revenue for City of Meridian $3,300
In the above example, the competitor offered a higher percentage, but actually produced a smaller
return for the City of Meridian.
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Item#5.
EXHIBIT B
PAY SCHEDULE
A. Amount. Tenant pay Rent to the Landlord in the amount of sixteen percent(16%) of gross
sales.
B. When due. Tenant shall pay Rent to the Landlord no later than the tenth (loth) of each
month for sales taking place in the previous month. Along with the monthly payment,
Tenant shall submit a breakdown of daily sales totals.
C. Accounting required. Tenant shall keep a full and accurate set of books, adequately
showing gross receipts received during each month for all operations associated with this
Lease Agreement and shall, with reasonable notice, allow Landlord to inspect said books and
receipt records.
JULIUS M.KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 Page 27
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Item#5.
EXHIBIT C
LIST OF LANDLORD' S FIXTURES
1. Three compartment sink
2. Handwashing sink
3. Mop sink
4. Water heater
JULIUS M.KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 Page 28
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