Request for Proposals
Request for Proposals By Order of the City Council of the City of Temple, Texas, sealed proposals will be received for:
Concessionaire Services at Lions Park Softball Complex RFP No. 32-02-12
Sealed proposals will be received until 10:00 a.m. on Friday, January 20, 2012
Return Proposal to: Purchasing Department City of Temple 3210 East Avenue H Building C Temple, Texas 76501
INSTRUCTIONS TO OFFERORS
1.
The sealed envelope or package containing the completed proposal(s) should be marked legibly on the outside with the proposal number and the description of the item(s) being proposed as shown on the cover sheet of this Request for Proposals.
2.
The offeror shall sign and date the proposal where provided within the RFP. The person signing the proposal must have the authority to bind the firm in a contract. Proposals which are not signed and dated in this manner may be rejected.
3.
The Offeror shall submit one (1) unbound original and five (5) bound copies of proposal documents. All documents shall be received at the Purchasing Department located at 3210 East Avenue H, Building C, Temple, Texas 76501, by the deadline shown on the cover sheet of this Request for Proposals. Proposals received after the deadline shall be considered void and unacceptable. The City of Temple is not responsible for lateness or non-delivery of mail, carrier, etc. The proposal will be date/time stamped in the Purchasing Department when received and this will be considered to be the official time of receipt.
4.
Facsimile transmittals and electronic transmittals will not be acceptable.
5.
The City of Temple, Texas, reserves the right to reject any or all proposals as it shall deem to be in the best interests of the City of Temple. The award of this contract shall be made to the responsible Offeror whose proposal is determined to be the highest evaluated offer resulting from negotiation.
6.
Proposals cannot be altered or amended after submission deadline. Any interlineation, alteration or erasure made before opening by the City must be initialed by the signer of the proposal, guaranteeing authenticity.
7.
The City of Temple is exempt by law from payment of Texas Sales Tax and Federal Excise Tax.
8.
All proposals meeting the intent of this Request for Proposals will be considered for award. Offerors taking exception to the specifications, or offering substitutions, shall state these exceptions by attachment as part of the proposal. The absence of such a list shall indicate that the Offeror has not taken exceptions, and shall hold the Offeror responsible to perform in strict accordance with the specifications in this Request for Proposals. The City of Temple reserves the right to accept any, all or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.
9.
Any interpretations, corrections or changes to this Request for Proposals and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Temple Director of Purchasing. Addenda will be loaded on www.demandstar.com. Vendors who pick up the RFQ from the Purchasing Department will be responsible for checking with the Purchasing Department to
see if any addenda have been issued. Offerors shall acknowledge receipt of all addenda on the sealed envelope or package containing their proposal. 10.
Proposals must comply with all applicable federal, state, county and local laws concerning these types of services.
11.
The apparent silence of these specifications as to any detail or to the apparent omission of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.
12.
A prospective Offeror must affirmatively demonstrate Offeror's responsibility. A prospective Offeror must meet the following requirements: a. have adequate financial resources, or the ability to obtain such resources as required; b. be able to comply with the required or proposed delivery schedule; c. have a satisfactory record of performance; d. have a satisfactory record of integrity and ethics; and e. be otherwise qualified and eligible to receive an award. The City of Temple may request representation and other information sufficient to determine Offeror's ability to meet these minimum standards.
13.
Section 176.006 of the Texas Local Government Code requires a bidder/vendor to file a conflict of interest questionnaire if the vendor has a business relationship with the City and has: (a) an employment or other business relationship with an officer or an officer’s family member that results in that person receiving taxable income that is more that $2,500 in the preceding twelve months; or (b) has given an officer or an officer’s family member one or more gifts totaling more than $250 in the preceding twelve months. A vendor/bidder is required to file a questionnaire not later than the seventh business day after the later of the following: (a) the date the vendor begins discussions or negotiations to enter into a contract with the City or submits an application or response to a bid proposal; or (b) the date the vendor becomes aware of a relationship or gives a gift to an officer or officer’s family member. State law requires that a vendor file an updated questionnaire with the City Secretary’s office annually, before September 1 st, and or not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate. The Conflict of Interest Questionnaire can be downloaded from the City‘s website www.templetx.gov under the City Secretary’s tab for Public Information. Compliance with this law is the responsibility of each bidder/vendor.
The proposal opening is scheduled to be held in the Purchasing Department located at 3210 East Avenue H, Building C, Temple, Texas. Each offeror is invited to attend. The City of Temple is aware of the time and effort you expend in preparing and submitting proposals to the City. Please let us know of any proposal requirements causing you difficulty in responding to our Request for Proposals. We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately 4 to 6 weeks after the proposal opening date. If you have any questions concerning this Request for Proposals and specifications, please contact the City of Temple Purchasing Department at (254) 298-5655.
___________________________________________________________ RFP No. 32-02-12
Concessionaire Services at Lions Park Softball Complex ____________________________________________________ I.
General Information A.
Intent of Request for Proposals It is the intent of this Request for Proposals to establish a three year contract for concessionaire services at the Lions Park Softball Complex, located at 4320 Lions Park Road, Temple. The contract shall commence on March 1, 2012 and shall continue through December 31, 2014. The City reserves the right to extend the contract for two (2) additional one-year periods, if agreeable to both parties.
B.
Inquiries All questions prior to the closing date of the RFP shall be in writing and should be directed to the City of Temple’s Director of Purchasing by fax at (254) 298-5615 or sent by e-mail to [email protected]. Inquiries should make reference to specific section numbers of this RFP. Deadline for questions is Noon on Wednesday, January 18, 2012.
C.
Selection The award of this contract shall be made to the responsible concessionaire whose proposal is determined to be the highest evaluated offer resulting from negotiation, taking into considerations the relative importance of price and other evaluation factors set forth. The evaluation criteria will be: 35% 35% 30%
D.
Proposed Menu Pricing; Proposed Menu Content, including variety of selection offered; and Qualifications, Experience, and Reputation of Concessionaire.
Contract Negotiations The City of Temple reserves the right to negotiate a contract with the selected concessionaire.
E.
Contract and Insurance Requirements Successful concessionaire shall be required to sign contract similar to the one attached and provide insurance required therein. Successful Concessionaire shall be required to return executed contracts within fourteen (14) calendar days after receipt. 1
___________________________________________________________ RFP No. 32-02-12
Concessionaire Services at Lions Park Softball Complex ____________________________________________________ F.
Termination Clause The City has the right to terminate the contract at any time in the event of breach or default of the executed contract. In addition, the contract may be terminated by either party with a sixty (60) days written notice prior to any cancellation.
II.
Required Scope of Services Concessionaire shall have exclusive rights to operate the concession stand at the Lions Park Softball Complex during any event. Concessionaire has the right to choose whether to operate during a private rental or allow the private rental to offer concessions. Concessionaire shall be open for business during all City sponsored events, including City sponsored leagues, tournaments, and special events. Last year’s schedules of events are included for review (23 pages). It will be up to each concessionaire to propose a menu of items to be sold at the concession stand along with a proposed price list. A sample of items that the City would expect to be on the menu is as follows: hot dogs, nachos, Frito pie, sodas (at least 4 flavors), bottled water, sports drinks (at least 4 flavors), various candy, and gum. The menu and price list will become an attachment to the Facility User’s Agreement. Any changes to the menu and/or price list must be approved in writing by the City’s Director of Parks & Leisure Services or his designee. The concessionaire shall have experience in operating concession stands of similar type and size. It is the concessionaire’s responsibility to supervise the concession operation at all times and to employ responsible staff. The concession operation shall be conducted in a clean, orderly and legitimate manner, and in strict conformity with all applicable laws and ordinances. Menu prices for all items shall be posted in a conspicuous place. All advertising must receive approval by the City prior to its display. The concessionaire shall be responsible for turning on and off lights during all City sponsored events. Private event rentals shall have lights turned on by Park’s staff unless prior arrangement is made with the concessionaire. In addition, Concessionaire will be responsible for raising and lowering the flag when requested. Concessionaire shall be responsible for providing the locks to the concession stand and for providing the City with a minimum of two (2) keys to each lock. 2
___________________________________________________________ RFP No. 32-02-12
Concessionaire Services at Lions Park Softball Complex ____________________________________________________ Concessionaire agrees to perform all routine maintenance of the buildings and equipment used for concessions. Major repairs shall be the City’s responsibility unless repair or replacement is required due to the damage caused by intentional or negligent acts of the Concessionaire or its agents, in which case, Concessionaire shall reimburse City for costs of repair. The City owns the ice machine, coke box and refrigerator. Concessionaire shall be responsible for providing all additional equipment needed to provide concessionaire services. Concessionaire is responsible for breaking down of supply boxes and the placement of those boxes into the dumpster provided. Concessionaire shall be responsible for paying the City a monthly usage fee of one hundred ($100) dollars to cover electricity and sanitation disposal costs incurred by the City. This usage fee shall be due by the 1 st of each month. Payments shall be made at the Parks and Leisure Services administration office located at 1909 Curtis B Elliott Drive, Temple, Texas 76501. III.
Proposal Submittal The concessionaire proposal, including one (1) unbound original and five (5) bound copies, shall include the following: 1. Concessionaire Information Form (attached) 2. Background information regarding your concessionaire business, including years in business, number of employees, experience in providing like-kind concessionaire services, etc. 3. A minimum of three (3) references, including name, address, contact person, and telephone number. 4. Proposed menu with pricing. 5. A menu description to include the brand of items to be sold, flavors, container sizes, types of candy and gum, etc. 6. A listing of any exceptions taken to the attached proposed contract or scope of services as outlined herein. 7. Credit Check Authorization form (attached) All documents shall be received at the Purchasing Department located at 3210 East Avenue H, Building C, Temple, Texas 76501, by 10:00 a.m. on January 20, 2012.
3
___________________________________________________________ RFP No. 32-02-12
Concessionaire Services at Lions Park Softball Complex ____________________________________________________ CONCESSIONAIRE INFORMATION FORM Company Name Address City, State, Zip Phone Number Fax Number E-mail Address Tax Identification Number Signature of Authorized Agent Printed Name of Authorized Agent Title Date
4
CREDIT CHECK AUTHORIZATION
The City is required to determine whether a bidder who may be awarded a contract is financially responsible. The City may run a credit check on the potential contractor before award of the contract. Please complete the following information and submit with your bid. Company Name: __________________________________________________ Street Address: ___________________________________________________ Mailing Address: __________________________________________________ Tax Identification Number: __________________________________________ I hereby authorize the City of Temple or credit bureau or other investigative agency employed by the City of Temple to investigate my credit history and financial responsibility. Authorized signature: ______________________________________________ Title: ___________________________________________________________ Date: ___________________________________________________________
Facility User's Agreement STATE OF TEXAS
'
COUNTY OF BELL
'
Date: This is an Agreement by and between the City of Temple, Texas, ("City"), a Texas Municipal Corporation, and _________________ (“Concessionaire”). Now, Therefore, for and in consideration of the mutual promises recited herein, the parties agree as follows:
CONCESSIONS 1.
Concessionaire will have the right to operate the concession stands at Lions Park softball facilities.
2.
Concessionaire will be responsible for providing locks for any concession stands and for providing the CITY with two (2) keys to these locks.
3.
The concession shall be open for business during all events of CITY-sponsored leagues, tournaments, special events, and private rentals when requested. The concession may be open at other times when the facilities are open to the public. The CITY will inform Concessionaire in writing as to when the CITY will need the concession open.
4.
Concessionaire agrees to perform all routine maintenance of the buildings and equipment used for concessions. Major repairs will be the CITY's responsibility, unless repair or replacement is required due to damage caused by the intentional or negligent acts of the Concessionaire or his/her agents, in which case, the Concessionaire shall reimburse the CITY for costs of repair.
5.
Concessionaire will be responsible for the breaking down of supply boxes and the placement of those boxes into the dumpster provided. The initial term of this agreement shall be from March 1, 2012, through December 31, 2014.
INSURANCE REQUIREMENTS
Concessionaire shall procure and maintain insurance at its sole cost and expense for the duration of the above referenced term of this agreement against claims for injuries to persons or damages to property which may arise from or in connection with the permitted use of the above referenced facilities and the activities associated with the permitted use of the above referenced facilities by the Concessionaire, his/her agents, representatives, volunteers, and employees. The insurance coverage shall be primary insurance with respect to the CITY, its officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, employees, or volunteers, shall be considered in excess of Concessionaire insurance and shall not contribute to it. Certificate of insurance and endorsements shall be furnished to the CITY and approved by the CITY before use of the above referenced facilities commences. Concessionaire agrees that the certificate shall show the CITY named as an additional insured with waiver of subrogation in favor of the CITY and provide that the CITY will receive 30 days notice of cancellation or material change of the policies. The following insurance policy will be required: General Commercial Liability - $500,000 per occurrence for bodily injury, death, and property damage. Must include vendor's coverage.
NON-DISCRIMINATION CLAUSE Concessionaire will refrain from any activity in relation to and use of the above referenced facilities that discriminates against any person or persons based upon race, color, creed, national origin, religion, sex, or disability, in accordance with the present federal and state laws.
HOLD HARMLESS CLAUSE Each party assumes risks of personal injury and property damage attributable to the negligence of that party and the officers, trustees, and agents thereof. Concessionaire shall indemnify and hold harmless the CITY against claims, costs, or liabilities for loss, damage, injury, or loss of life, other than that portion attributable to CITY's fault or negligence caused by the actions or inactions of Concessionaire, or his/her officers, trustees, agents, or third parties acting on behalf of, as participants in Concessionaire programs, or under the auspices of Concessionaire. Each party shall be given the opportunity, at its option, to participate and associate in adjudication of any claim or related settlement.
RELEASE
Concessionaire hereby releases, relinquishes and discharges CITY, its officers, agents and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death of, any person (whether they be third persons, contractors, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that of either of the parties hereof or of third parties) caused by or alleged to be caused by, arising out of, or in connection with this agreement, whether or not said claims, demands, and causes of action in whole or in part are covered by insurance.
PERFORMANCE This agreement has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Bell County, Texas. CITY OF TEMPLE, TEXAS _____________________________ David A. Blackburn City Manager
___________________________________ Concessionaire
ATTEST: _____________________________ Lacy Borgeson City Secretary APPROVED AS TO FORM: ______________________________ City Attorney’s Office
STATE OF TEXAS
'
COUNTY OF BELL
'
This instrument was acknowledged before me on the ______ day of _____________, 20__, by David A. Blackburn, City Manager of the City of Temple, TX.
___________________________ Notary Public, State of Texas STATE OF TEXAS
'
COUNTY OF BELL
'
This instrument was acknowledged before me on the _________ day of ___________, 20__, by _____________________________. ___________________________ Notary Public, State of Texas
Concessionaire Services at Lions Park Softball Complex RFP No. 32-02-12
Sealed proposals will be received until 10:00 a.m. on Friday, January 20, 2012
Return Proposal to: Purchasing Department City of Temple 3210 East Avenue H Building C Temple, Texas 76501
INSTRUCTIONS TO OFFERORS
1.
The sealed envelope or package containing the completed proposal(s) should be marked legibly on the outside with the proposal number and the description of the item(s) being proposed as shown on the cover sheet of this Request for Proposals.
2.
The offeror shall sign and date the proposal where provided within the RFP. The person signing the proposal must have the authority to bind the firm in a contract. Proposals which are not signed and dated in this manner may be rejected.
3.
The Offeror shall submit one (1) unbound original and five (5) bound copies of proposal documents. All documents shall be received at the Purchasing Department located at 3210 East Avenue H, Building C, Temple, Texas 76501, by the deadline shown on the cover sheet of this Request for Proposals. Proposals received after the deadline shall be considered void and unacceptable. The City of Temple is not responsible for lateness or non-delivery of mail, carrier, etc. The proposal will be date/time stamped in the Purchasing Department when received and this will be considered to be the official time of receipt.
4.
Facsimile transmittals and electronic transmittals will not be acceptable.
5.
The City of Temple, Texas, reserves the right to reject any or all proposals as it shall deem to be in the best interests of the City of Temple. The award of this contract shall be made to the responsible Offeror whose proposal is determined to be the highest evaluated offer resulting from negotiation.
6.
Proposals cannot be altered or amended after submission deadline. Any interlineation, alteration or erasure made before opening by the City must be initialed by the signer of the proposal, guaranteeing authenticity.
7.
The City of Temple is exempt by law from payment of Texas Sales Tax and Federal Excise Tax.
8.
All proposals meeting the intent of this Request for Proposals will be considered for award. Offerors taking exception to the specifications, or offering substitutions, shall state these exceptions by attachment as part of the proposal. The absence of such a list shall indicate that the Offeror has not taken exceptions, and shall hold the Offeror responsible to perform in strict accordance with the specifications in this Request for Proposals. The City of Temple reserves the right to accept any, all or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.
9.
Any interpretations, corrections or changes to this Request for Proposals and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Temple Director of Purchasing. Addenda will be loaded on www.demandstar.com. Vendors who pick up the RFQ from the Purchasing Department will be responsible for checking with the Purchasing Department to
see if any addenda have been issued. Offerors shall acknowledge receipt of all addenda on the sealed envelope or package containing their proposal. 10.
Proposals must comply with all applicable federal, state, county and local laws concerning these types of services.
11.
The apparent silence of these specifications as to any detail or to the apparent omission of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.
12.
A prospective Offeror must affirmatively demonstrate Offeror's responsibility. A prospective Offeror must meet the following requirements: a. have adequate financial resources, or the ability to obtain such resources as required; b. be able to comply with the required or proposed delivery schedule; c. have a satisfactory record of performance; d. have a satisfactory record of integrity and ethics; and e. be otherwise qualified and eligible to receive an award. The City of Temple may request representation and other information sufficient to determine Offeror's ability to meet these minimum standards.
13.
Section 176.006 of the Texas Local Government Code requires a bidder/vendor to file a conflict of interest questionnaire if the vendor has a business relationship with the City and has: (a) an employment or other business relationship with an officer or an officer’s family member that results in that person receiving taxable income that is more that $2,500 in the preceding twelve months; or (b) has given an officer or an officer’s family member one or more gifts totaling more than $250 in the preceding twelve months. A vendor/bidder is required to file a questionnaire not later than the seventh business day after the later of the following: (a) the date the vendor begins discussions or negotiations to enter into a contract with the City or submits an application or response to a bid proposal; or (b) the date the vendor becomes aware of a relationship or gives a gift to an officer or officer’s family member. State law requires that a vendor file an updated questionnaire with the City Secretary’s office annually, before September 1 st, and or not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate. The Conflict of Interest Questionnaire can be downloaded from the City‘s website www.templetx.gov under the City Secretary’s tab for Public Information. Compliance with this law is the responsibility of each bidder/vendor.
The proposal opening is scheduled to be held in the Purchasing Department located at 3210 East Avenue H, Building C, Temple, Texas. Each offeror is invited to attend. The City of Temple is aware of the time and effort you expend in preparing and submitting proposals to the City. Please let us know of any proposal requirements causing you difficulty in responding to our Request for Proposals. We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately 4 to 6 weeks after the proposal opening date. If you have any questions concerning this Request for Proposals and specifications, please contact the City of Temple Purchasing Department at (254) 298-5655.
___________________________________________________________ RFP No. 32-02-12
Concessionaire Services at Lions Park Softball Complex ____________________________________________________ I.
General Information A.
Intent of Request for Proposals It is the intent of this Request for Proposals to establish a three year contract for concessionaire services at the Lions Park Softball Complex, located at 4320 Lions Park Road, Temple. The contract shall commence on March 1, 2012 and shall continue through December 31, 2014. The City reserves the right to extend the contract for two (2) additional one-year periods, if agreeable to both parties.
B.
Inquiries All questions prior to the closing date of the RFP shall be in writing and should be directed to the City of Temple’s Director of Purchasing by fax at (254) 298-5615 or sent by e-mail to [email protected]. Inquiries should make reference to specific section numbers of this RFP. Deadline for questions is Noon on Wednesday, January 18, 2012.
C.
Selection The award of this contract shall be made to the responsible concessionaire whose proposal is determined to be the highest evaluated offer resulting from negotiation, taking into considerations the relative importance of price and other evaluation factors set forth. The evaluation criteria will be: 35% 35% 30%
D.
Proposed Menu Pricing; Proposed Menu Content, including variety of selection offered; and Qualifications, Experience, and Reputation of Concessionaire.
Contract Negotiations The City of Temple reserves the right to negotiate a contract with the selected concessionaire.
E.
Contract and Insurance Requirements Successful concessionaire shall be required to sign contract similar to the one attached and provide insurance required therein. Successful Concessionaire shall be required to return executed contracts within fourteen (14) calendar days after receipt. 1
___________________________________________________________ RFP No. 32-02-12
Concessionaire Services at Lions Park Softball Complex ____________________________________________________ F.
Termination Clause The City has the right to terminate the contract at any time in the event of breach or default of the executed contract. In addition, the contract may be terminated by either party with a sixty (60) days written notice prior to any cancellation.
II.
Required Scope of Services Concessionaire shall have exclusive rights to operate the concession stand at the Lions Park Softball Complex during any event. Concessionaire has the right to choose whether to operate during a private rental or allow the private rental to offer concessions. Concessionaire shall be open for business during all City sponsored events, including City sponsored leagues, tournaments, and special events. Last year’s schedules of events are included for review (23 pages). It will be up to each concessionaire to propose a menu of items to be sold at the concession stand along with a proposed price list. A sample of items that the City would expect to be on the menu is as follows: hot dogs, nachos, Frito pie, sodas (at least 4 flavors), bottled water, sports drinks (at least 4 flavors), various candy, and gum. The menu and price list will become an attachment to the Facility User’s Agreement. Any changes to the menu and/or price list must be approved in writing by the City’s Director of Parks & Leisure Services or his designee. The concessionaire shall have experience in operating concession stands of similar type and size. It is the concessionaire’s responsibility to supervise the concession operation at all times and to employ responsible staff. The concession operation shall be conducted in a clean, orderly and legitimate manner, and in strict conformity with all applicable laws and ordinances. Menu prices for all items shall be posted in a conspicuous place. All advertising must receive approval by the City prior to its display. The concessionaire shall be responsible for turning on and off lights during all City sponsored events. Private event rentals shall have lights turned on by Park’s staff unless prior arrangement is made with the concessionaire. In addition, Concessionaire will be responsible for raising and lowering the flag when requested. Concessionaire shall be responsible for providing the locks to the concession stand and for providing the City with a minimum of two (2) keys to each lock. 2
___________________________________________________________ RFP No. 32-02-12
Concessionaire Services at Lions Park Softball Complex ____________________________________________________ Concessionaire agrees to perform all routine maintenance of the buildings and equipment used for concessions. Major repairs shall be the City’s responsibility unless repair or replacement is required due to the damage caused by intentional or negligent acts of the Concessionaire or its agents, in which case, Concessionaire shall reimburse City for costs of repair. The City owns the ice machine, coke box and refrigerator. Concessionaire shall be responsible for providing all additional equipment needed to provide concessionaire services. Concessionaire is responsible for breaking down of supply boxes and the placement of those boxes into the dumpster provided. Concessionaire shall be responsible for paying the City a monthly usage fee of one hundred ($100) dollars to cover electricity and sanitation disposal costs incurred by the City. This usage fee shall be due by the 1 st of each month. Payments shall be made at the Parks and Leisure Services administration office located at 1909 Curtis B Elliott Drive, Temple, Texas 76501. III.
Proposal Submittal The concessionaire proposal, including one (1) unbound original and five (5) bound copies, shall include the following: 1. Concessionaire Information Form (attached) 2. Background information regarding your concessionaire business, including years in business, number of employees, experience in providing like-kind concessionaire services, etc. 3. A minimum of three (3) references, including name, address, contact person, and telephone number. 4. Proposed menu with pricing. 5. A menu description to include the brand of items to be sold, flavors, container sizes, types of candy and gum, etc. 6. A listing of any exceptions taken to the attached proposed contract or scope of services as outlined herein. 7. Credit Check Authorization form (attached) All documents shall be received at the Purchasing Department located at 3210 East Avenue H, Building C, Temple, Texas 76501, by 10:00 a.m. on January 20, 2012.
3
___________________________________________________________ RFP No. 32-02-12
Concessionaire Services at Lions Park Softball Complex ____________________________________________________ CONCESSIONAIRE INFORMATION FORM Company Name Address City, State, Zip Phone Number Fax Number E-mail Address Tax Identification Number Signature of Authorized Agent Printed Name of Authorized Agent Title Date
4
CREDIT CHECK AUTHORIZATION
The City is required to determine whether a bidder who may be awarded a contract is financially responsible. The City may run a credit check on the potential contractor before award of the contract. Please complete the following information and submit with your bid. Company Name: __________________________________________________ Street Address: ___________________________________________________ Mailing Address: __________________________________________________ Tax Identification Number: __________________________________________ I hereby authorize the City of Temple or credit bureau or other investigative agency employed by the City of Temple to investigate my credit history and financial responsibility. Authorized signature: ______________________________________________ Title: ___________________________________________________________ Date: ___________________________________________________________
Facility User's Agreement STATE OF TEXAS
'
COUNTY OF BELL
'
Date: This is an Agreement by and between the City of Temple, Texas, ("City"), a Texas Municipal Corporation, and _________________ (“Concessionaire”). Now, Therefore, for and in consideration of the mutual promises recited herein, the parties agree as follows:
CONCESSIONS 1.
Concessionaire will have the right to operate the concession stands at Lions Park softball facilities.
2.
Concessionaire will be responsible for providing locks for any concession stands and for providing the CITY with two (2) keys to these locks.
3.
The concession shall be open for business during all events of CITY-sponsored leagues, tournaments, special events, and private rentals when requested. The concession may be open at other times when the facilities are open to the public. The CITY will inform Concessionaire in writing as to when the CITY will need the concession open.
4.
Concessionaire agrees to perform all routine maintenance of the buildings and equipment used for concessions. Major repairs will be the CITY's responsibility, unless repair or replacement is required due to damage caused by the intentional or negligent acts of the Concessionaire or his/her agents, in which case, the Concessionaire shall reimburse the CITY for costs of repair.
5.
Concessionaire will be responsible for the breaking down of supply boxes and the placement of those boxes into the dumpster provided. The initial term of this agreement shall be from March 1, 2012, through December 31, 2014.
INSURANCE REQUIREMENTS
Concessionaire shall procure and maintain insurance at its sole cost and expense for the duration of the above referenced term of this agreement against claims for injuries to persons or damages to property which may arise from or in connection with the permitted use of the above referenced facilities and the activities associated with the permitted use of the above referenced facilities by the Concessionaire, his/her agents, representatives, volunteers, and employees. The insurance coverage shall be primary insurance with respect to the CITY, its officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, employees, or volunteers, shall be considered in excess of Concessionaire insurance and shall not contribute to it. Certificate of insurance and endorsements shall be furnished to the CITY and approved by the CITY before use of the above referenced facilities commences. Concessionaire agrees that the certificate shall show the CITY named as an additional insured with waiver of subrogation in favor of the CITY and provide that the CITY will receive 30 days notice of cancellation or material change of the policies. The following insurance policy will be required: General Commercial Liability - $500,000 per occurrence for bodily injury, death, and property damage. Must include vendor's coverage.
NON-DISCRIMINATION CLAUSE Concessionaire will refrain from any activity in relation to and use of the above referenced facilities that discriminates against any person or persons based upon race, color, creed, national origin, religion, sex, or disability, in accordance with the present federal and state laws.
HOLD HARMLESS CLAUSE Each party assumes risks of personal injury and property damage attributable to the negligence of that party and the officers, trustees, and agents thereof. Concessionaire shall indemnify and hold harmless the CITY against claims, costs, or liabilities for loss, damage, injury, or loss of life, other than that portion attributable to CITY's fault or negligence caused by the actions or inactions of Concessionaire, or his/her officers, trustees, agents, or third parties acting on behalf of, as participants in Concessionaire programs, or under the auspices of Concessionaire. Each party shall be given the opportunity, at its option, to participate and associate in adjudication of any claim or related settlement.
RELEASE
Concessionaire hereby releases, relinquishes and discharges CITY, its officers, agents and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death of, any person (whether they be third persons, contractors, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that of either of the parties hereof or of third parties) caused by or alleged to be caused by, arising out of, or in connection with this agreement, whether or not said claims, demands, and causes of action in whole or in part are covered by insurance.
PERFORMANCE This agreement has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Bell County, Texas. CITY OF TEMPLE, TEXAS _____________________________ David A. Blackburn City Manager
___________________________________ Concessionaire
ATTEST: _____________________________ Lacy Borgeson City Secretary APPROVED AS TO FORM: ______________________________ City Attorney’s Office
STATE OF TEXAS
'
COUNTY OF BELL
'
This instrument was acknowledged before me on the ______ day of _____________, 20__, by David A. Blackburn, City Manager of the City of Temple, TX.
___________________________ Notary Public, State of Texas STATE OF TEXAS
'
COUNTY OF BELL
'
This instrument was acknowledged before me on the _________ day of ___________, 20__, by _____________________________. ___________________________ Notary Public, State of Texas
