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CITY OF LEWES

BEACH CONCESSION REQUEST FOR PROPOSAL

The City of Lewes is accepting proposals for a beach concession at Roosevelt Inlet for the season beginning May 1, 2023, through September 30, 2023. This is for recreational equipment and does not include food and beverage services. A pre-submission meeting will be held on March 9, 2023, at 11:00 a.m. at City Hall, 114 East Third Street, Lewes, DE to answer questions. Proposals are due in City Hall on March 22, 2023, at 11:00 am. Proposals should be in a sealed envelope marked BEACH CONCESSION REQUEST FOR PROPOSAL, ATTN: PARKS AND MARINA MANAGER. Late submissions will not be accepted.

A. CONCESSION

1. The City seeks a provider to be the Beach Concessionaire for, the rental of umbrellas, beach chairs, beach access chairs, standup paddleboards, kayaks, floating water mats, and other appropriate recreational beach equipment, in the sole discretion of the City, for Lewes Beach under the jurisdiction of the City. Guided water tours are not permitted under the Beach Concessionaire agreement.
2. The provider must submit a detailed plan for providing services including but not limited to staffing, placement of a structure, number and type of recreational equipment, number of beach access chairs, number of chairs and umbrellas.
3. The provider at its expense and without any expense or liability to the City, may erect a temporary structure (the “Beach Shack”) on the public beach at the northerly end of Lewes Beach, south of the Roosevelt Inlet, at a location approved by the City Manager, to be used in connection with business operations. The Beach Shack shall be no larger than 150 square feet and not taller than 15 feet. The erection of the structure will require a DNREC permit from the Division of Shoreline and Waterway Management which the City will submit for approval.
4. If a structure is placed the provider shall post a performance bond or other guaranty for the removal of the Beach Shack and restoration of the public beach in an amount sufficient for such removal and restoration and in a form acceptable to the City Manager. The amount of such bond shall be no less than 125% of the cost of the removal of the Beach Shack and restoration of the public beach.
5. The provider’s business operations shall not include the sale or distribution of food or beverages from this location.

The provider may only display signage on the Beach Shack and may have one detached sign not larger than 10 square feet. Signage must be directly related to the vendor’s business operations at the location. All other signs are strictly prohibited without prior approval of the City.

B. CONCESSION FEE

1. The provider shall pay the City in the initial year the greater of 1% of gross receipts for the prior beach season on rentals originating at or serviced from the Beach Shack, or $2,500. Payment shall be due no later than October 15th. This is a one-year contract with the option to renew. It is anticipated that the Beach Concessionaire Agreement may have escalating concession fees.
2. The schedule of fees to be charged for the rental of beach items shall be approved by the City Manager.
3. The provider shall maintain records of rental activities and gross receipts originating at or serviced from the Beach Shack and provide a report to the City Manager by the 10th day of each month for the prior month. Failure to provide a monthly report by the 10th day of each month may be considered a breach of contract and cause for termination.

C. OPERATIONAL REQUIREMENTS

1. The provider shall not use motorized vehicles on the beach to conduct business operations. All recreational beach equipment shall be carried on and off the beach by the provider or the patrons.
2. The provider shall be responsible for maintaining the City Property in a good and safe condition and repairing any damage to the City Property or the improvements thereon caused by the act or omission of the provider or patrons,
3. The provider may operate the Beach Concession at the designated location from May 1, 2023 to September 30, 2023. The provider may have a two-week grace period from April 15, 2023 to schedule the delivery and placement of a beach shack and a two week grace period to October 15, 2023 to remove the beach shack. Sales shall not take place during this time period.
4. Except when weather prohibits, provider shall commence operations not later than 10:00 am and shall not discontinue operations prior to 5:00 pm each day during the term of the Beach Concessionaire Agreement. When operations are discontinued each day, all of provider’s items shall be either stored in the Beach Shack or removed from Lewes Beach.
5. The provider shall, during the entire term of the Agreement, keep in full force and effect a policy of public liability insurance with respect to vendor business operations and the City shall be named as a party covered thereby, or which provides equivalent protection to and is approved by the City, and in which the minimum limits of liability shall be not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) per person, and ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) for each accident or occurrence for bodily injury, and ONE MILLION DOLLARS ($1,000,000.00) for property damages. The vendor shall furnish the City with a certificate or certificates of insurance or other acceptable evidence that such insurance is in force upon request and, without the City waiving any rights or immunities, at all times during the term of the Agreement provider further agrees to protect and hold harmless the City of and from any and all claims for injuries to person or property by reason of any accident or happening arising out of provider’s business operations.
6. The provider agrees to present an “end of season” report to Mayor and City Council at the regular December City Council meeting. The provider shall keep data regarding the number of rentals of recreational beach equipment, and other relevant data relating to the vendor’s business operations.
7. The provider shall abide by and comply with all ordinances, rules and regulations adopted by the City and the State of Delaware, and all statutes, rules and regulations adopted by any other governmental authority pertaining to the beach area.
8. The Beach Concessionaire Agreement and the rights granted in it shall not be assignable or transferable to any other vendor. The provider must supply their equipment and may not use a third-party supplier.

D. PROPOSALS WILL BE EVALUATED BASED ON THE PROSPECTIVE VENDOR’S RESPONSE TO THE FOLLOWING CRITERIA:

1. The provider’s plan for providing services including possible installation of a Beach Shack; the number of staff to run the daily operation from the Beach Shack; the number of beach wheelchairs; beach chairs and umbrellas and total number of kayaks; paddleboards and mats; and ability to service other areas of Lewes Beach from this location.
2. In addition to equipment and services listed herein, what additional equipment or services the provider would propose to provide.
3. Experience with providing beach concessions previously, either in Lewes or at other public beaches. The prospective provider should state where these services were provided and what year(s) they were provided.
4. Knowledge of Lewes Beach rules and regulations.
5. Ability to assist with water-related emergencies and medical emergencies.
6. References from other locations where concession services have been provided.
7. The provider must possess a Delaware business license and submit a copy with their proposal.
8. If selected, the provider must obtain a City of Lewes business license if they do not currently hold one.