INVITATION FOR BID FOR A LEASE CONCESSION TO ... ($_.) per month. The period of this concession shall be for twelve (12) months beginning approximately March 1, 2018, and ending

IFB #2018.01

www.kohalacenter.org

INVITATION FOR BID

FOR A LEASE CONCESSION TO PROVIDE SURFING INSTRUCTION AT KAHALU‘U BAY

IFB #2018.01 BID FORM


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BID FORM

(PLEASE TYPE OR USE BLACK INK)

BID FOR A LEASE CONCESSION TO PROVIDE SURFING INSTRUCTION AT KAHALU‘U BAY

__________________, 20___ Anna-Lisa Okoye Chief Operating Officer The Kohala Center P.O. Box 437462 Kamuela, HI 96743 Dear Ms. Okoye: The undersigned has carefully examined the attached specifications for a surf school lease concession and hereby makes application for the concession as described herein, and offers to pay a monthly rental as follows: _______________________________________ Dollars ($__________.____) per month. The period of this concession shall be for twelve (12) months beginning approximately March 1, 2018, and ending February 28, 2019.

Total bid price: _________________________________ (Bid price = monthly rental x 12)

The undersigned also agrees that bidder has carefully read and understands the KAHALU‘U BAY SURF SCHOOL PROGRAM SPECIFICATIONS (IFB #2018.01) and that The Kohala Center and the County of Hawai‘i each reserve the rights to accept or reject any and/or all bids if in its judgment, by so doing, it will be for the best interest of the public, the County of Hawai‘i, and/or TKC. Upon the acceptance and award of this bid by TKC and the County, the undersigned hereby agrees to enter into and execute the agreement and furnish a performance bond, and comply with insurance requirements within ten (10) days after notice of intent to make an award, or within such further time as The Kohala Center may allow, and if the undersigned fails to enter into and execute the agreement and furnish a performance bond, tax clearance, and insurance as required by law within such time, The Kohala Center may determine that the bidder has abandoned the contract and thereupon cause the forfeiture of the bid bond accompanying his bid, which shall become the property of The Kohala Center.



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NAME: ____________________________________________________________ DBA: ____________________________________________________________ ADDRESS: ____________________________________________________________

____________________________________________________________ ____________________________________________________________

Telephone: ______________________ Fax: ______________________ Email: ______________________

Type of Organization: (Please Specify) ____Individual ____Partnership ____LLC ____Corporation State of Incorporation: Hawai‘i_____ Other____________________________ (Please specify) State of Hawai‘i Excise Tax License Number: _________________________________ Federal ID. No._____________________________ (Social Security No. if Individual,

EIN if Partnership or Corporation) 1. Do you possess a current Commercial Use Permit issued by the State of Hawai‘i for the purpose of providing surf or water-sports instruction? (check one)

� Yes � No

2. Do you maintain valid State of Hawai‘i, Department of Commerce and Consumer Affairs business and tax certification in good standing for the current year? (check one)

� Yes � No

If no, please explain:



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2. Do you maintain valid State of Hawai‘i, Department of Commerce and Consumer Affairs business and tax certification in good standing for the five (5) years immediately preceding the current year? (check one)

� Yes � No

If no, please explain: 3. Provide description of experience and ability to carry out terms and conditions of concession contract. 4. Can you produce proof of having provided surfing lessons for a minimum of five (5) years? (check one)

� Yes � No

5. Can you provide proof that all of your instructors possess (check all that apply):

� a minimum of five (5) years’ surfing experience? � a current American Red Cross advanced life-saving certificate? � a current American Red Cross certification in cardiopulmonary

resuscitation (CPR)? � a current American Red Cross certification for the use of an automated

external defibrillator (AED)? � a current American Red Cross lifeguard certificate?



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6. List the services to be offered (limited to surfing instruction and stand up paddle boarding instruction; entry to water limited to Zone A): 7. Days and hours of intended operations each week: 8. Financial ability to perform (Balance Sheet): ASSETS LIABILITIES

Cash $___________ Payables $__________ Receivables $___________ Mortgages $__________ Motor Vehicles $___________ Notes & Loans$__________ Real Estate $___________ Other Assets $___________ NET WORTH $__________ Total Assets $___________ Total Liab. & Net Worth $__________

_______________________________________________________________________________ The bidder must enclose with this bid, a bidder’s bond. Enclosed herewith find (specify the amount following the type of security):

Cash ................................................. $______________ Cashier’s Check ............................... $______________ Certified Check ................................. $______________

in an amount equal to five percent (5%) of the total amount bid, provided that when the total amount bid for any individual concession exceeds $50,000.00, the deposit for that concession shall be in a sum no less than $2,500.00 plus two percent (2%) of the amount in excess of $50,000.00, made payable at sight to The Kohala Center. Failure of a bidder to enter into a contract if awarded the concession for any reason, including failure to obtain required insurance or furnish any other submittals required by the bid will result in the forfeiture of this bid bond. The bidder certifies that its practices and policies do not discriminate on the grounds of race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran’s status, sexual orientation, lactation, arrest and court record, citizenship, or any



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other classification protected by state or federal law.

This bid is in all respects fair and is made without collusion on the part of any person, firm, or corporation, and no official or employee of the government has any illegal interest in the offer or any portion of the profits thereof.

If awarded a contract as a result of ) Certified check: _____ this bid, performance bond will ) (CHECK ONE) Cash: _____ be furnished in the form of: ) Cashier’s Check: _____

Respectfully submitted, (Name of Company) ________________________________ BIDDER (Signature) By____________________________________

________________________________ (Type or Print Name of Signer)

Title __________________________

IFB #2018.01 TABLE OF CONTENTS


KAHALU‘U BAY SURF SCHOOL PROGRAM SPECIFICATIONS

Table of Contents 1. DEFINED TERMS ...................................................................................................... 12. IFB MEETING ............................................................................................................ 13. BID SUBMISSION PROCEDURES ............................................................................ 1

a. SUBMISSION ........................................................................................................ 1b. BID PRICE............................................................................................................. 1c. BID BOND ............................................................................................................. 2d. WITHDRAWAL ...................................................................................................... 2

4. CONCESSIONAIRE QUALIFICATIONS & RESPONSIBILITIES ................................ 2a. PREFERRED QUALIFICATIONS .......................................................................... 2b. INSTRUCTOR QUALIFICATIONS ......................................................................... 3c. PERMITS .............................................................................................................. 3d. ADVISORY BOARD .............................................................................................. 3e. COOPERATION WITH THE KOHALA CENTER ................................................... 3f. INSURANCE ......................................................................................................... 4g. PAYMENT ............................................................................................................. 5h. INDEMNIFICATION ............................................................................................... 5i. MISCELLANEOUS ................................................................................................ 5j. PROHIBITION ON ASSIGNMENTS, SUBLETTING, ETC. .................................... 7k. COMPLIANCE WITH LAWS; NONDISCRIMINATION ........................................... 7

5. PROPERTY DAMAGE; PATENTED ARTICLE .......................................................... 96. TERM ......................................................................................................................... 97. TERMINATION .......................................................................................................... 98. SELECTION; ACCEPTANCE OF BIDS; CONTRACTING ........................................ 10

a. REJECTION ........................................................................................................ 10b. SELECTION ........................................................................................................ 10c. PERFORMANCE BOND...................................................................................... 11d. CANCELLATION OF AWARD ............................................................................. 11e. ACCEPTANCE OF TERMS ................................................................................. 11

9. LEGAL FEES ........................................................................................................... 1210. INTERPRETATION ............................................................................................. 1211. JURISDICTION ................................................................................................... 1212. LIQUIDATED DAMAGES .................................................................................... 12

IFB #2018.01 KAHALU‘U BAY SURF SCHOOL PROGRAM SPECIFICATIONS


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SPECIFICATIONS

1. DEFINED TERMS

a. “TKC” shall mean The Kohala Center, Inc., an independent, community-based 501(c)(3) for research, conservation, and education.

b. “County” shall mean County of Hawai‘i. c. “Concessionaire” shall mean the holder of a lease concession to operate

a school at Kahalu‘u Bay to provide surfing instruction (including stand up paddle boarding).

2. IFB MEETING A special meeting to answer questions regarding the bid will be held on January 23, 2018 from 9:30 – 11:30 a.m. at the West Hawai‘i Civic Center County Parks and Recreation conference room.

3. BID SUBMISSION PROCEDURES

a. SUBMISSION i. All bids shall be made on the bid form annexed hereto. ii. Bids must be received by TKC by 2:00 p.m. HST on February 20,

2018 (the “hour of opening”). iii. Bids shall be delivered or mailed to The Kohala Center, Attn: Mia

Akau-LaClair, by 1. Regular mail: P.O. Box 437462, Kamuela, HI 96743; or 2. Express mail: 65-1291A Kawaihae Road, Kamuela, HI

96743 iv. All bids received will be time-stamped and deposited in the locked

bid box at TKC until the hour of bid opening. Bids that are mailed in must arrive at TKC before the hour of opening; bids received after the hour of opening will be returned unopened to the sender.

v. When the bid is signed by an agent, other than officer or manager of a corporation or a member of an LLC or partnership, a Power of Attorney must be on file with The Kohala Center prior to opening of bids and shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.

vi. All potential bidders are cautioned to thoroughly investigate all aspects and risks involved with the operation of the concession being bid upon. All potential bidders are further cautioned to investigate availability and cost of liability insurance prior to submitting bid.

b. BID PRICE i. The bid price shall be equal to the monthly concession fee times

12 months. The minimum monthly concession fee considered shall



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be Three Thousand dollars ($3,000) per month for each concession.

ii. Bid prices shall be inclusive of all applicable taxes including Hawai‘i Gross Income Tax.

c. BID BOND i. All bids shall be presented under sealed cover and shall be

accompanied by a bid bond in cash, cashier’s check or certified check made payable to The Kohala Center. No bid shall be considered unless such bid bond in the form of cash, cashier’s or certified check is enclosed herewith.

ii. See the bid form for the required bid bond amount. iii. Bids not accompanied by a proper bid bond will be rejected and

bidders who fail to complete contracts, provide performance bonds and certificates of insurance will forfeit the bid bond. NO EXCEPTIONS.

d. WITHDRAWAL i. No bidder may withdraw its bid after the hour set for the opening

thereof or before award of the contract unless said award is delayed for a period exceeding thirty (30) days.

ii. Any bid may be withdrawn at any time prior to but not after the hour fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such a bid is filed with The Kohala Center. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid.

iii. Withdrawing a high bid regardless of whether or not a contract has yet been offered shall be considered a failure and cause the forfeiture of the bid bond.

iv. Bids may be rejected if they show any alterations of forms, additions not called for, conditional bid, incomplete bids, erasures, or irregularities of any kind.

4. CONCESSIONAIRE QUALIFICATIONS & RESPONSIBILITIES

a. PREFERRED QUALIFICATIONS i. Bidders who submit documentation of the following preferred

qualifications will get priority over those who do not meet these preferred qualifications:

1. Current Commercial Use Permit issued by the State of Hawai‘i for the purpose of providing surf or water-sports instruction;

2. Having maintained valid State of Hawai‘i, Department of Commerce and Consumer Affairs business and tax



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certification in good standing for the current year and five (5) years immediately preceding the current year; and

3. Proof of having provided surfing lessons for a minimum of five (5) years.

b. INSTRUCTOR QUALIFICATIONS i. All of Concessionaire’s instructors must possess:

1. a minimum of five (5) years’ surfing experience; 2. a current American Red Cross advanced life-saving

certificate; 3. a current American Red Cross certification in

cardiopulmonary resuscitation (CPR); 4. a current American Red Cross certification for the use of an

automated external defibrillator (AED); and 5. a current American Red Cross lifeguard certificate.

ii. Concessionaire’s employees must pass a background check. iii. Concessionaire shall have onsite at least one (1) instructor for

every four (4) students and no more than eight (8) students in the water at any given time.

c. PERMITS i. Each Concessionaire must obtain a commercial use permit from

the Division of Boating and Ocean Recreation. d. ADVISORY BOARD

i. Owners of Concessionaires will be required to join and attend meetings of the Kahalu‘u Beach Park Surf School Program Advisory Board, which shall meet three (3) times each year to discuss program issues, concerns and accomplishments.

e. COOPERATION WITH THE KOHALA CENTER i. Each Concessionaire shall permit TKC to provide students with reef

etiquette training. ii. Each Concessionaire shall cooperate with TKC so that TKC can

exercise the following responsibilities: 1. Performing daily checks to ensure each Concessionaire is

operating in compliance with all provisions of these specifications and agreements and all applicable rules and laws.

2. Performing monthly verifications of surf school certifications.

3. Receiving patron complaints and filing written summary reports quarterly with the Department of Parks and Recreation.

4. Using Service Survey forms provided by the Department of Parks and Recreation to survey Concessionaire patrons of their experience at Kahalu‘u Beach Park. TKC shall file



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written reports quarterly with the Department of Parks and Recreation that summarize patron feedback.

5. Filing written incident reports monthly with the Department of Parks and Recreation. Examples of incidents include, but are not limited to, Concessionaire employee or patron accidents, thefts and equipment malfunctions.

6. Serving as the primary contact with the general public by providing a visible presence while patrolling, managing and monitoring Concessionaires operating at Kahalu‘u Beach Park.

7. Informing park patrons about proper marine safety and how to respect the reef;

8. Having an onsite presence at Kahalu‘u Beach Park whenever a Concessionaire is operating.

f. INSURANCE i. Winning bidders shall obtain, at its own expense, a policy of public

liability, property damage and medical insurance naming both the County of Hawai‘i and TKC as additional insured. Each Concessionaire’s policy shall be primary to any other insurance covering County of Hawai‘i property and shall include the duty to defend the County of Hawai‘i and TKC against any lawsuit arising from commercial surfing instruction activities at Kahalu‘u Beach Park. Each selected Concessionaire is required to provide TKC with written notice of any policy change at least thirty (30) days before the change takes effect and direct each Concessionaire’s insurance carrier to provide TKC and the Department of Parks and Recreation with written notice of any policy change. Each Concessionaire shall obtain, at its own expense, public liability, medical and property damage insurance as follows and in the following amounts:

1. Current workers’ compensation coverage meeting all requirements of Hawai‘i State law;

2. Two million dollars ($2,000,000) liability each occurrence; 3. Twenty thousand dollars ($20,000) property damage; and 4. Five thousand dollars ($5,000) medical coverage. 5. Maximum of fifty dollars ($50) deductible clause permitted;

concessionaire to pay full deductible. 6. Policy must provide coverage for “all operations of the

insured conducted on County property” and contains a description of the work performed by the insured.

7. TKC and the County of Hawai‘i must be named as an additional insured in respect to all operations of the insured. A copy of the policy and certificate of insurance shall be



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submitted to TKC upon filing an application for a lease concession;

8. Said policy shall contain a cancellation clause providing in substance the following language: “It is agreed that this policy shall not be canceled, altered, or amended, nor the amounts of coverage provided herein reduced, unless the Department of Parks and Recreation and TKC shall have been given thirty (30) days’ prior written notice of such cancellation, alteration, or reduction.”

9. The limits required under the contract may not be adequate, and any limit requirement contained in the contract shall not act as a limitation of contractor’s indemnification and/or liability.

10. No policy shall be acceptable unless first approved by TKC and the Department of Parks and Recreation.

g. PAYMENT i. Each Concessionaire shall remit to TKC its monthly concession

payment no later than the first working day of each month. Payment method shall be by check. TKC shall impose a five (5) percent penalty on any payment received from the Concessionaire after the deadline stated above.

h. INDEMNIFICATION i. The Concessionaire shall reimburse, save, defend and hold

harmless TKC and the County of Hawai‘i, and all of their officers, agents, employees, guests or business visitors from and against all costs, expenses, damages and attorney’s fees resulting from any and all claims, demands, suits, actions, or proceedings for property damage or personal injury, including death, arising out of, resulting from, or in connection with the operation of the concession by the Concessionaire, irrespective or notwithstanding that the negligence of TKC and/or County, their officers, agents, or employees are alleged to have caused or contributed to such property damage or personal injury.

i. MISCELLANEOUS i. Each Concessionaire shall maintain its assigned space and shall

not encroach onto other concessionaires or park patrons. ii. Concessionaires will not operate on days on which Kahalu‘u Beach

Park has been closed by the County. iii. Concessionaires will not operate on any County of Hawai‘i holidays

(i.e.,. New Year’s Day, Dr. Martin Luther King, Jr. Day, President’s Day, Prince Jonah Kuhio Kalanianaole Day, Good Friday, Memorial Day, King Kamehameha Day, Independence Day, Statehood Day, Labor Day, General Election Day, Veteran’s Day, Thanksgiving,



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Christmas, and any other holidays added by the County of Hawai‘i).

iv. The prices charged by the Concessionaire for goods and services shall be reasonable.

v. The Concessionaire shall keep on hand at all times a sufficient supply of all items offered in the operation of the concession and shall provide a minimum of five days a week of service (weather conditions permitting) at the concession area so that the needs of public patrons will be adequately served.

vi. The Concessionaire shall keep and maintain the concession area and the adjoining areas within a distance of thirty (30) feet in a clean and sanitary manner and shall be responsible for providing a minimum of one (1) garbage and refuse container within such thirty (30) foot area. The Concessionaire will police the area and remove all rubbish at the end of each work day. No equipment, structures or stands, mobile or otherwise will remain at the designated concession area overnight or during non-working days.

vii. The Concessionaire shall not permit disorderly persons to remain or loiter about the premises.

viii. All signs posted must conform to conform to all applicable state and county laws and be approved by TKC. Signs will be displayed only during the hours that the concession is open for business.

ix. Under no circumstances will the Concessionaire or its employees be allowed to reside or camp in the designated area(s) as defined in Hawaii County Code Chapter 15.

x. The Concessionaire’s operations shall be restricted to the hours between 9:00 a.m. and 5:00 p.m. seven days a week.

xi. The Concessionaire shall keep on file with TKC a schedule of its business hours and days open, a list of services offered, and the prices to be charged.

xii. The Concessionaire shall not alter, modify or change the designated concession area or any improvements located thereon without first obtaining prior written approval from the County. Any improvements made shall become the property of the County without remuneration of any kind to the Concessionaire and shall remain at the site at the conclusion of the lease period. Improvements made without the written approval of the County shall be either left in place or removed at Concessionaire’s expense, solely at the option of the County.

xiii. The designated area shall be limited to the Proposed Concession Area as outlined on the map included herein.

xiv. All concessions must provide either completely self-contained mobile vending stands or provide for and pay for the cost of



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outside utilities. No temporary or permanent utility lines may be installed without the written permission, in advance, of the Director of Parks and Recreation.

xv. Concessionaire shall at no time promote the feeding of wildlife on land or in the sea, nor sell any products of any kind for such a purpose. Concessionaire shall not, at any time, allow personal pets or other animals belonging to Concessionaire or any employee to be within the concession area or surrounding park.

xvi. The Concessionaire’s vending stand shall be decorated in a manner that is aesthetically complimentary to the occupied site. Designs must be approved by TKC and remain in the same, or substantially the same, condition throughout the duration of the contract. Any changes to design after award shall be subject to approval of TKC.

xvii. TKC agrees that the Concessionaire, upon paying the concession fees as herein provided and observing and performing all covenants and agreements herein contained which are to be observed and performed by the Concessionaire, shall peaceably hold and enjoy the designated concession area without hindrance or interruption by TKC or any person claiming under it and in addition shall enjoy the exclusive right, privilege, license, franchise, and concession to provide surf instruction at the respective location proposed.

j. PROHIBITION ON ASSIGNMENTS, SUBLETTING, ETC. i. The Concessionaire shall not, without written consent of the

County and TKC, sublet, assign, hypothecate or mortgage this concession agreement or any rights thereunder; any consent given by the County and TKC shall not operate as a waiver of this condition for future subletting, assignment, hypothecating or mortgaging.

ii. The Concessionaire shall not assign or sublet any of the work to be performed under these specifications without written permission from The Kohala Center, and no assignees or sub-contractor will be recognized as such. No assignee or sub-contractor shall, under any circumstances, relieve the Concessionaire of its obligation in performing the work covered by these specifications, and shall be subject to the provisions of these specifications.

k. COMPLIANCE WITH LAWS; NONDISCRIMINATION i. The Concessionaire covenants and agrees to comply with all

statutes and ordinances of the State of Hawai‘i and the County of Hawai‘i including but not limited to all rules and regulations of the Hawai‘i State Department of Health, Hawai‘i Division of Boating



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and Ocean Recreation, and the Hawai‘i County Department of Parks and Recreation.

ii. The Concessionaire agrees to pay all taxes of whatsoever nature or accruing upon and assessed against the operation of the concession herein granted.

iii. Concessionaire’s use of noise producing devices such as portable generators must be approved by The Kohala Center and must comply with Section 15-19 of the Hawai‘i County Code. Allowable noise levels for such devices shall be rated 55 dB(A) (Class A) or below.

iv. All of the services offered by the Concessionaire shall be made to all persons without discrimination as to race, color or creed. Concessionaires shall comply with all requirements set forth in Federal and State laws and regulations relative to Title VI of the Civil Rights Act of 1964, as amended, which provide for non-discrimination in Federally assisted programs. The Concessionaire shall not discriminate against any employee or applicant for employment because of race, ancestry/national origin, religion, color, disability, age, marital status, military status, veterans’ status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or federal law. The Concessionaire shall assure that applicants are employed and that employees are treated during employment without regard to race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran’s status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or federal law. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. The Concessionaire agrees to post in conspicuous places notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. The Concessionaire shall in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants shall receive consideration for employment without regard to race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran’s status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or federal law. In the event of the Concessionaire’s noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled or



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suspended in whole or in part and the Concessionaire may be declared ineligible for further contracts until such time that the Concessionaire by satisfactory evidence, in good faith, ceases such discriminatory practices or procedures. The Concessionaire who subcontracts any portion of the contract shall assure TKC that such subcontractor shall abide by the nondiscrimination provisions stated herein and agrees that any subcontractor who is found in violation of such provisions shall subject the principal Concessionaire’s contract with TKC to be terminated or suspended.

5. PROPERTY DAMAGE; PATENTED ARTICLE

a. Neither TKC nor the County will be responsible for any damages to or losses of Concessionaire’s property caused by vandalism or any other reason.

b. Concessionaire will be required to, and shall hold TKC and the County of Hawai‘i and all their officers, servants and employees harmless against all claims arising from the use of any patented article, patented process or patented appliance used in connection with the contract and these specifications. Any royalties due and becoming due for the use of any patented article or process shall be paid by the Concessionaire and be held to be included within the bid and contract price.

6. TERM Winning bidders will receive a one (1) year revocable contract, with the option for TKC to grant up to four (4) six (6) month revocable extensions. Contract extensions require written approval from the Department of Parks and Recreation at its sole option.

7. TERMINATION a. The County Department of Parks and Recreation will terminate any

Concessionaire that does not meet the required standards of compliance and/or performance.

b. In the case of non-payment of the concession fees as provided herein, or violation of any other of the foregoing or following provisions by the Concessionaire, the County and TKC shall have the right to terminate the concession agreement without notice, either by force or otherwise, without TKC or the County being liable to any prosecution therefor either for damage to or loss of any property belonging to the Concessionaire or to the business of the Concessionaire and to re-let the said premises for such time expiring before or after the end of the term of this agreement as first in this agreement specified and to receive the rent therefor, holding the Concessionaire liable for any deficiency in the rent. Any act of receipt



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of money by TKC as apparent affirmation of the tenancy created by this agreement shall not operate as a waiver of the right to terminate this agreement for any then or theretofore existing or future breach of covenant or agreement by the Concessionaire. The Concessionaire hereby waives demand of rent or possession prescribed by any statute whatsoever.

8. SELECTION; ACCEPTANCE OF BIDS; CONTRACTING

a. REJECTION i. More than one bid from an individual, a firm or partnership, or

corporation or an association under the same or different names, will not be considered. Reasonable ground for believing that any bidder is interested in more than one bid will cause the rejection of all bids in which such bidder is interested.

ii. If there is reason for believing that collusion exists among the bidders, any or all bids may be rejected and none of the participants in such collusion will be considered in future bids.

iii. Bids in which the prices obviously are unbalanced may be rejected. b. SELECTION

i. Selection of the winning bidders shall be made by the County Department of Parks and Recreation.

ii. The County reserves the right to reject any and all bids and to accept any bid in whole or in part as best suited in the interest of the County, giving due consideration to price, quality of product or service and proven dependability and ability of bidder.

iii. The County reserves the right to waive and/or accept any minor deviations from specifications if, in its opinion, such waiver will be in the best interest of the County and TKC and that such waiver shall not affect in any way the standards of performance, operations, capacities or quality of the service offered.

iv. The qualifications of bidder and his reliability in relation to operating under the terms of the contract, together with the bid price, shall be an integral factor in determining the award of bids. The award of the contract, if awarded, will be to the highest responsible bidders who, in the opinion of the County of Hawai'i, has submitted a bid most advantageous to the best interest of the County. The award or awards, if made, will be made within thirty (30) days after the opening of the bids, but in no case will an award be made until all necessary investigations are made into the responsibility of the bidder to whom it is proposed to award the contract.

v. Award of bids shall be made to the four highest responsible bidders for total fixed monthly rental. No consideration will be



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given “percentage of gross receipts” or any other amount based on sales or income.

vi. Within ten (10) days after the award of the contract, TKC will return the bid bonds accompanying such of the bids as are not to be considered in making the award. All other bid bonds will be held until the contract has been finally executed, after which, they will be returned to the respective bidders whose bids they accompany.

vii. The contract shall be signed by the successful bidder and returned, together with a satisfactory performance bond within ten (10) days, not including Sundays and legal holidays, after the bidder has received his contract for execution. No bid, nor contract, shall be considered binding upon TKC until the contract has been fully executed.

viii. Any contract entered into as a result of this bid invitation shall be signed by a person authorized to sign and be duly notarized. Additionally, if the Concessionaire is a partnership or corporation, a copy of the appropriate partnership or corporation resolution authorizing that individual to enter into contracts on behalf of the partnership or corporation shall be provided by the Concessionaire with its executed contract and performance bond.

c. PERFORMANCE BOND i. Before any concession agreement is entered into, the successful

bidder shall give TKC a good and sufficient bond, conditioned for the full and faithful performance of the terms and conditions of the contract and the specifications herein set forth, which bond shall be in an amount equal to two (2) months’ rental or a minimum of $6,000.00, whichever is greater. At the conclusion of the contract period, the performance bond will be returned to the contractor only upon full payment of all concession rents and fees and return of the concession area in its original or improved (as approved by TKC and the County) form.

d. CANCELLATION OF AWARD i. Failure to execute a contract and file acceptable bonds as

provided herein within ten (10) days or within such further time as TKC may allow, not including Sundays and legal holidays, after the bidder has received his contract for execution shall be just cause of the annulment of the award and the forfeiture of the bid guarantee.

ii. The Kohala Center reserves the right to cancel the award of any contract at any time before execution of same.

e. ACCEPTANCE OF TERMS



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i. It will be conclusively presumed that the bidder has read, examined and agreed to each and every term, condition, provisions, covenant or agreement in these specifications.

9. LEGAL FEES The Concessionaire will pay all reasonable costs, attorney’s fees, and expenses that shall be made or incurred by TKC and/or the County in enforcing the provisions of this agreement. Provided, however, that no such liability shall accrue unless and until an actual breach of the conditions shall have been established.

10. INTERPRETATION In case of any doubt as to the interpretation of the terms of this agreement, the interpretation given and made by TKC shall govern and control.

11. JURISDICTION

No action or proceeding involving this contract shall be commenced by either party except in the Circuit or District Courts of the Third Circuit, County of Hawai‘i, State of Hawai‘i; nor shall any action commenced in such court be removed or transferred to any other State or Federal Court.

12. LIQUIDATED DAMAGES

It is mutually agreed by and between the parties hereto that time is of the essence of this contract and that in case of the failure on the part of the contractor to complete its contract within the time specified and agreed upon, The Kohala Center will be damaged thereby.

Proposed Surf School Concession Area

Documents

INVITATION FOR BID FOR A LEASE CONCESSION TO ... ($_____.____) per month. The period of this concession shall be for twelve (12) months beginning approximately March 1, 2018, and ending

INVITATION FOR BID FOR A LEASE CONCESSION TO ... ($_.) per month. The period of this concession shall be for twelve (12) months beginning approximately March 1, 2018, and ending