DRAFT (#2)

OHIO TURNPIKE COMMISSION

Resolution Awarding a Contract for the Operation of the

Food Concessions at the Commission’s Indian Meadow and

Tiffin River Service Plazas

WHEREAS, on July 27, 2010, in conformance with the requirements of Ohio Revised

Code Section 5537.13, the Commission published notice of its Request for Proposals (“RFP”)

for Food and Retail Concession Operations at its newly reconstructed Indian Meadow and Tiffin

River Service Plazas located at Milepost 20.8 of the Ohio Turnpike in Williams County, Ohio

(Contract No. TR-9F); and

WHEREAS, on August 17, 2010, one Proposal was received from HMSHost Tollroads,

Inc. of Bethesda, Maryland for the operation of Food Concessions at the Indian Meadow and

Tiffin River Service Plazas; and

WHEREAS, an Evaluation Team consisting of the Commission’s Director of Service

Plaza Operations and Division Service Plaza Managers (East and West) have reviewed the

Proposal submitted, which is summarized as follows:

Percentage Return

Concessionaire

Brand Concepts

of Gross Receipts

HMSHost

▪24-hour quick-serve restaurant

$0-$6M 6.0%

Burger King

$6M-$8.25M 8.5%

▪Sbarro’s Pizza

$8.25M+ 12.0%

▪Starbucks

(or 6.25% of gross sales)

WHEREAS, the Evaluation Team has indicated that, although one Proposal was

received, HMSHost has significant experience and expertise operating food and retail

concessions on toll roads and has satisfactorily operated each of the brands proposed for many

years at other Ohio Turnpike Service Plaza facilities, and has, therefore, recommended that the

HMSHost Proposal be accepted; and

WHEREAS, based on estimated concession receipts, the Evaluation Team has further

recommended that the Revenue Sharing Proposal containing the above-described escalators be

accepted as opposed to the singular percentage of gross receipts; and

WHEREAS, the Commission has been advised by its Director of Contracts

Administration that the HMSHost Proposal conforms to the requirements of Ohio Revised Code

Section 5537.13, Proposals were solicited on the basis of the same terms and conditions with

respect to all respondents and potential respondents, HMSHost has provided the requisite

proposal guaranty required under the RFP, and the Commission may legally accept said

Proposal; and

WHEREAS, the Executive Director has reviewed the report of the Evaluation Team and

the Director of Contracts Administration, and has made his recommendation to the Commission

that Contract No. TR-9F be awarded to HMSHost predicated upon such analysis; and

WHEREAS, the Commission has duly considered such recommendations.

NOW, THEREFORE, BE IT

RESOLVED that the Proposal submitted by HMSHost Tollroads, Inc. of Bethesda,

Maryland for the performance of Food Concession Operations at the Indian Meadow and Tiffin

River Service Plazas is hereby accepted, and that the Executive Director and Director of

Contracts Administration are directed to: 1) execute Contract No. TR-9F with HMSHost for an

initial Contract term of seven years, 2) direct the return to the respondent of its proposal guaranty

at such time as HMSHost has entered into a Contract with the Commission, 3) renew said

Contract for up to five additional, five-year periods, and 4) take any and all action necessary to

properly carry out the terms of said RFP and said Contract.

(Resolution No. 42-2010 adopted October 25, 2010)