1-2610-015 RFP for Concession Services.pdf

CITY OF FRISCO REQUEST FOR PROPOSAL NO. 2610-015

CONCESSION SERVICES

PROPOSALS ARE DUE TO THE OFFICE OF

THE PURCHASING MANAGER PRIOR TO:

NOVEMBER 25, 2025

@ 2:00PM CT

NO LATE SUBMITTALS WILL BE ACCEPTED.

VIRTUAL BID OPENING:

Join the meeting now Meeting ID: 280 531 313 796 1 Passcode: Nb28zz6L

Dial in by phone +1 469-445-0737,,432120182# United States, Dallas

(877) 366-1298,,432120182# United States (Toll-free) Find a local number Phone conference ID: 432 120 182# Questions are to be sent to purchasing@friscotexas.gov prior to:

November 18, 2025 @ 4:00PM CT

Proposals must be supplied on CD or flash drive along with an original hard copy or submitted electronically via Bonfire, https://friscotexas.bonfirehub.com

For CD/flash drive and hard copy submittals, deliver or mail to:

CITY OF FRISCO

STEVE CONE

PURCHASING MANAGER

6101 FRISCO SQUARE BLVD

FRISCO, TX 75034

For additional information concerning this RFP please contact:

Steve Cone, NIGP- CPP, CPPB Purchasing Manager scone@friscotexas.gov 972 292 5545

Erik Erwin Senior Buyer eerwin@friscotexas.gov 972 292 5549 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTEzZDgwMWItYzRjZS00ZTFiLTllNjUtYzQwNzJiYzYxYzRj%40thread.v2/0?context=%7b%22Tid%22%3a%221946996a-f93f-4eb6-b620-0109ab3b573d%22%2c%22Oid%22%3a%226dfbf177-d12d-4b16-bf56-b4333be88a83%22%7d tel:+14694450737,,432120182 tel:8773661298,,432120182 https://dialin.teams.microsoft.com/33cfe68e-9eb8-4895-8e61-09ef1f3f4b2b?id=432120182 mailto:purchasing@friscotexas.gov https://friscotexas.bonfirehub.com/ mailto:scone@friscotexas.gov

REQUEST FOR PROPOSAL 2610-015

PROPOSER MUST SUBMIT ORIGINAL PROPOSAL PLUS A DIGITAL COPY ON CD OR

FLASH DRIVE TO FACILITATE EVALUATION UNLESS SUBMITTING ELECTRONICALLY

THROUGH BONFIRE.

It is the policy of the City to involve small businesses and qualified minority/woman owned businesses to the greatest extent possible in the procurement of goods, equipment, services, and construction projects.

The solicitation documents are available through Bonfire and vendors may register at https://friscotexas.bonfirehub.com/portal. Note that proposals must be received on Bonfire by the due date and time in order to be considered. Any proposal that is not received on time will not be considered. Submitting proposals via the Bonfire website is not mandatory, hard copy and cd/flash drive submittal in accordance with these solicitation specifications will also be accepted. Proposal submissions and registration are free of charge, for more information on being a vendor visit the vendor portal at the link provided above.

PROPOSALS MUST BE RECEIVED BY NOVEMBER 25, 2025 BEFORE 2:00 PM CT BY THE

PURCHASING MANAGERS OFFICE. NO PROPOSAL WILL BE ACCEPTED AFTER THAT

DATE AND TIME. ALL PROPOSALS RECEIVED AFTER THIS DATE AND TIME WILL BE

CONSIDERED NONRESPONSIVE.

Proposals will be publicly opened and names of those that submitted read aloud at the Frisco City Hall located at 6101 Frisco Square Blvd., Frisco, Texas 75034 room IC116 on November 25, 2025 at 2:05 PM CT or via Microsoft Teams.

Write the request for proposal number, 2610-015, and name of proposal, CONCESSION SERVICES, and the name of your organization on the outer envelope.

Proposals are to be submitted in accordance with the attached City specifications and the “General Conditions of Submitting Proposals” attached hereto. Each proposer is required to fill in every blank; failure to do so may be used as a basis for rejection of a proposal. The City reserves the right to reject any or all proposals, to waive formalities, or to proceed otherwise when in the best interest of the City.

The City will have the right and option to terminate the contract upon thirty (30) days written notice.

The successful proposer may be required to execute a written contract.

https://friscotexas.bonfirehub.com/portal

GENERAL CONDITIONS OF PROPOSER

1. INSTRUCTIONS: These instructions apply to all Proposals and become a part of the terms and conditions of any Proposal submitted and any agreement entered into subsequent thereto, unless exception is taken in writing by Proposer when submitting Proposal.

PROPOSALS

2. FORM: Proposer must submit original hard copy and a digital copy on CD or Flashdrive of the sealed Proposal/written quote/proposal or submit electronically via bonfire to the Director of Administrative Services prior to response due date/time. Failure to submit the additional copies may result in the Proposal being declared non responsive to specification and may not be further evaluated.

3. PRICING: Price(s) quoted must be held firm for a minimum of ninety (90) days from the date of Proposal closing. In the case of estimated requirement contract Proposal, the prices must remain firm for the period as specified in the Proposal. “Discount from list” Proposals are not acceptable unless specifically requested in the Proposal.

4. QUANTITIES: In the case of estimated requirements contract Proposal, quantities appearing are estimated as realistically as possible. However, the City reserves the right to increase, decrease or delete any item or items of material to be furnished while continuing to pay the price quoted on this Proposal regardless of quantity. The successful Proposer shall have no claim against the City for anticipated profits for the quantities called for, diminished, or deleted.

5. ERROR-QUANTITY: Proposals must be submitted on units of quantity specified, extended, and show total. In the event of discrepancies in extension, the unit prices shall govern.

6. F.O.B./DAMAGE: Quotations shall be proposed F.O.B. delivered to the designated

Municipal Facility, Frisco, Texas and shall include all delivery and packaging costs. The City assumes no liability for goods delivered in damaged or unacceptable condition. The successful Proposer shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City.

7. DELIVERY PROMISE-PENALTIES: Proposals MUST show the number of calendar days required to place the material in the possession of the City. Do not quote shipping dates.

When delivery delay can be foreseen, the Proposer shall give prior written notice to the City, who shall have the right, in its sole discretion, to extend the delivery date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes the City to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting Proposer.

8. PROPOSER SHALL PROVIDE: With this Proposal response, the Proposer shall provide all documentation required. Failure to provide this information may result in rejection of Proposal.

9. ALTERING/WITHDRAWAL OF PROPOSALS: Proposals cannot be altered or amended after submission deadline. The signer of the Proposal, guaranteeing authenticity, must initial any interlineations alteration, or erasure made before opening time. No Proposal may be withdrawn after opening time without first submitting a written reason to the Director of Administrative Services and obtaining the Director of Administrative Services’ approval.

10. PRESENTATION OF PROPOSALS: No oral, telegraphic, telephonic, e-mailed, or facsimile Proposals will be considered at this time. All Proposals must be submitted in a sealed envelope.

11. CORRESPONDENCE: This Proposal number must appear on ALL correspondence, inquiries, Proposal submittal documents, etc. pertaining to this Invitation for Proposal.

12. ADDENDA: Any interpretations, corrections or changes to this Invitation for Proposal and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Frisco Purchasing Division. An attempt will be made to mail, fax, or e-mail any addenda to all who are known to have received a copy of this Invitation for Proposal.

Proposers shall acknowledge receipt of all addenda in the designated area on the Proposal document. It is the responsibility of the Proposer to ensure receipt of all addenda and to include the changes in this Proposal document.

13. LATE PROPOSALS: Proposals received by the City after submission deadline shall be returned unopened and will be considered void and unacceptable. The City is not responsible for lateness of mail, carrier, etc.

14. PROPOSAL OPENINGS: All Proposals submitted will be read at the City’s regularly scheduled Proposal opening for the designated project. However the reading of a Proposal at Proposal opening should not be construed as a comment on the responsiveness of such Proposal or as any indication that the City accepts such Proposal as responsive.

The City will make a determination as to the responsiveness of Proposals submitted based upon compliance with all applicable laws, City of Frisco Purchasing Guidelines, and project documents, including but not limited to the project specifications and contract documents. The City will notify the successful Proposer upon award of the contract and according to state law; all Proposals received will be available for inspection at that time, unless otherwise provided by law.

15. PROPOSAL TABULATION: Proposers desiring a copy of the proposal tabulation may request it by emailing Purchasing@friscotexas.gov and referencing the bid number. BID RESULTS WILL NOT BE GIVEN BY TELEPHONE. You can also download a copy through Bonfire or on our website, www.friscotexas.gov.

16. PROTESTS: All protests regarding the Proposal solicitation process must be submitted in writing to the City within five (5) working days following the opening of Proposals. This includes all protests relating to advertising of Proposal notices, deadlines, Proposal opening, and all other related procedures under the Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications.

This limitation does not include protests relating to staff recommendations as to award of this Proposal. Protests relating to staff recommendations may be directed to the Director of Administrative Services within five (5) days of the staff recommendation memo. Unless otherwise provided by law, all staff recommendations will be made available for public review prior to consideration by the City Council.

17. PROPOSAL AWARD: The City reserves the right to award a separate contract to separate Proposers for each item/group or to award one contract for the entire Proposal.

Unless stipulated in the attached Proposal specifications, the contract will be awarded to the lowest responsible Proposer or to the Proposer who provides the goods or services specified herein at the best value for the City in compliance with Texas Local Government Code, Section 252.043.

18. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City.

PERFORMANCE

19. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE PROPOSERS: A

prospective Proposer must affirmatively demonstrate Proposer's responsibility. A prospective Proposer 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, as determined by the City, to receive an award.

The City may request representation and other information sufficient to determine Proposer's ability to meet these minimum standards listed above.

20. ASSIGNMENT: The successful Proposer shall not sell, assign, transfer or convey this contract in whole or in part, without the prior written consent of the City.

21. SPECIFICATION-SAMPLES: Any catalog, brand name, or manufacturer's reference used is considered to be descriptive, not restrictive, and is indicative of the type and quality the City desires to purchase. Proposals on brands of like nature and quality may be considered unless specifically excluded. If proposing on other than reference, Proposal must certify article offered is equivalent to specifications and it is subject to approval by the using department and the Purchasing Division. Samples, if required, shall be furnished free of expense to the City. SAMPLES SHOULD NOT BE ENCLOSED WITH

PROPOSAL UNLESS REQUESTED.

22. TESTING: An agent so designated, by the City, without expense to the City, may perform testing at the request of the City or any participating entity.

23. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first class condition in containers suitable for damage-free shipment and storage.

24. DELIVERY: Deliveries will be acceptable only during normal working hours at the designated City Municipal Facility. The place of delivery shall be set forth in the purchase order. The terms of this agreement are “no arrival, no sale”.

25. TITLE AND RISK OF LOSS: The title and risk of loss of goods shall not pass to the City until the City actually receives and takes possession of the goods at the point(s) of delivery.

26. PATENT RIGHTS: The Proposer agrees to indemnify and hold the City harmless from any claim involving patent right infringement or copyrights on goods supplied.

PURCHASE ORDERS AND PAYMENT

27. PURCHASE ORDERS: A purchase order(s) shall be generated by the City Director of

Administrative Services to the successful Proposer. The purchase order number must appear on all itemized invoices and packing slips. The City will not be held responsible for any work orders placed and/or performed without a valid current purchase order number. Payment will be made for all services rendered and accepted by the contract administrator for which a valid invoice has been received.

28. PROPOSAL SECURITY/BOND REQUIREMENTS: If required, Proposal security shall be submitted in the same manner as your proposal. Any electronic submittals will require the vendor to provide the original hard copy within three (3) business days of the notification of intent to award. Any Proposal submitted without bond or cashiers/certified check, where required, shall be considered non-responsive and will not be considered for award.

Performance and/or payment bonds, when required, shall be submitted to the City, prior to commencement of any work pursuant to the agreement provisions.

29. FUNDING: The City is a home-rule municipal corporation operated and funded on an

October 1 to September 30 basis, accordingly, the City reserves the right to terminate, without liability to the City, any contract for which funding is not available.

30. TAXES: The City is exempt from Federal Manufacturer's Excise, and State sales taxes.

TAX MUST NOT BE INCLUDED IN PROPOSAL PRICING. Tax exemption certificates will be executed by the City and furnished upon request by the Finance Division.

31. PAYMENT TERMS: Payment terms are Net 30 unless otherwise specified by the City in this document. Prompt payment discounts may be used by the City in determining the lowest responsible Proposer.

32. INVOICES: Invoices must be submitted by the successful Proposer to:

accountspayable@friscotexas.gov

CONTRACT

33. CONTRACT PERIOD/RENEWAL OPTIONS: In the case of an annual contract, the contract shall be for a predetermined period as specified in the Invitation for Proposals. If a clause for option to renew for additional period(s) is (are) included, renewal(s) will be based solely upon the option and written agreement between both the City and the mailto:accountspayable@friscotexas.gov

Contractor. Either party dissenting will terminate the contract in accordance with its initial specified term.

34. INTERLOCAL AGREEMENT: Successful bidder agrees to extend prices to all entities that have entered into or will enter into joint purchasing Interlocal Cooperation Agreements with the City. The City is a participating member of the Collin County Governmental Purchasing Forum (the “Forum”). As such, the City has executed Interlocal Agreements, as permitted under Section 791.025 of the Texas Government Code with certain other governmental entities in Collin County authorizing participation in a cooperative purchasing program. The successful bidder may be asked to provide products/services, based upon bid price, to any other participant in the Forum

35. AUDIT: The City reserves the right to audit the records and performance of successful

Proposer during the term of the contract and for three (3) years thereafter.

35. SUCCESSFUL PROPOSER SHALL: Defend, indemnify and save harmless the City and all its officers, Managers and employees and all entities, their officers, Managers and employees who are participating in this contract from all suits, actions or other claims of any character, name and description brought for or on account of any injuries, including death, or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful Proposer, or of any Manager, officer, director, representative, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from Proposal award. Successful Proposer shall pay any judgment with cost which may be obtained against the City and participating entities growing out of such injury or damages.

36. TERMINATION FOR DEFAULT: The City reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful Proposer fails to: (1) meet delivery schedules; or (2) otherwise performs in accordance with these specifications.

Breach of contract or default authorizes the City to, among other things, award to another Proposer, purchase elsewhere and charge the full increase in cost and handling to the defaulting successful Proposer.

37. ACCEPTABILITY: All articles enumerated in the Proposal shall be subject to inspection by a City officer or employee designated for the purpose. If found inferior to the quality called for, or not equal in value to the specifications, deficient in workmanship or otherwise, this fact shall be certified to the Director of Administrative Services who shall have the right to reject the whole or any part of the same. Work determined to be contrary to specifications must be replaced by the Proposer and at its expense. All disputes concerning quality of supplies utilized in the performance of this Proposal will be determined solely by the City Director of Administrative Services or designated representative.

38. REMEDIES: The successful Proposer and the City agree that each party has all rights, duties, and remedies available as stated in the Uniform Commercial Code and any other available remedy, whether in law or equity.

39. VENUE: This contract will be governed and construed according to the laws of the State of Texas. This contract is performable in Collin County, Texas.

40. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or to the apparent omission from it 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.

41. NO PROHIBITED INTEREST: The Proposer acknowledges and represents they are aware of the laws and City Charter regarding conflicts of interest. The City Charter states in part that "No officer, whether elected or appointed, or any employee, whether full or part time, of the City shall have a substantial financial interest, direct or indirect, in any contract, other than employment contracts, with the City; or have a substantial financial interest, direct or indirect in the sale to the City of any land, materials, supplies or services."

42. FORCE MAJEURE: If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this contract, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonable within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

43. DISCLOSURE OF CERTAIN RELATIONSHIPS: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of Frisco not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Chapter 176 and the questionnaire may be found at www.friscotexas.gov.

By submitting a response to this request, vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code.

http://www.friscotexas.gov/

44. PREVAILING WAGE RATES: Contractors are required to pay not less than the rates determined using the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et seq.), and its subsequent amendments, to a worker employed by it in the execution of a contract for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction.. Contractors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project.

45. APPLICABLE LAW: Contractor shall comply with all federal, state and Frisco laws, statutes, ordinances, regulations and policies, as they exist, may be amended or in the future arising, applicable to Contractor and its work in or around the Facility. Contractor shall ensure that its officers, employees, agents, contractors and other parties performing services for or on behalf of Contractor comply with all applicable laws, statutes, ordinances, regulations and policies.

46. STORMWATER REQUIREMENTS: Contractor shall implement best management practices (BMPs) to prevent storm water pollution to the maximum extent practicable in accordance with the current City of Frisco Storm water Ordinance (11-11-52). These BMPs include:

-Performing regular inspections and maintenance on vehicles and equipment to prevent fluid leaks.

-Implementing standard operating procedures (SOPs) for spill prevention and cleanup.

-Training and equipping all employees who are present on City property in appropriate actions in accordance with the SOP.

-Implementing proper material handling BMPs for transportation and storage.

-Implementing proper waste disposal BMPs.

47. CERTIFICATE OF INTERESTED PARTIES (FORM 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form

(Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law.

http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.htm

Filing Process:

Within ten days of being notified of award of a contract by the City of Frisco, the successful vendor (business entity) must use the Texas Ethics Commission’s web application, https://www.ethics.state.tx.us/File/, to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be provided to the City of Frisco Purchasing division (within 10 days of being notified of award of a contract).

The City of Frisco is required to notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency.

48. CHAPTER 2270 CERTIFICATION

In accordance with Chapter 2270 of the Texas Government Code, Consultant hereby certifies that Consultant (a) does not boycott Israel; and (b) will not boycott Israel during the term of any contract with City, including during the term of this Agreement.

49. PROPRIETARY DATA - Bidder may, by written request, indicate as confidential any portion(s) of a bid that contain proprietary information, including manufacturing and/or design processes exclusive to the vendor. The City of Frisco will protect from public disclosure such portions of a bid unless directed otherwise by legal authority including the existing Texas Public Information Act.

https://www.ethics.state.tx.us/File/

CITY OF FRISCO CONTRACTOR INSURANCE REQUIREMENTS

Contractors providing good, materials and services for the City of Frisco shall, during the term of the contract with the City or any renewal or extension thereof, provide and maintain the types and amounts of insurance set forth herein. All insurance and certificate(s) of insurance shall contain the following provisions:

1. Name the City, its officers, agents, representatives, and employees as additional insureds as to all applicable coverage with the exception of workers compensation insurance.

2. Provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change or modification of any policies, evidenced by return receipt or United States Mail. The words “endeavor to” and “but failure” (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates.

3. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance.

4. Endorsement applicable to each policy provided.

Insurance Company Qualification: All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by A.M. Best’s Key Rating Guide, or other equivalent rating service(s).

Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted after award. If the contract is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the contract is renewed or extended.

Type of Contract Type and amount of Insurance

Special Events General Liability insurance for personal injury

(including death) and property damage with a minimum of $1 Million Dollars per occurrence and $2 Million Dollars aggregate, including coverage for advertising injury and products coverage

Statutory Workers compensation insurance as required by state law

(If the contractor serves alcoholic beverages) Liquor Liability with a minimum of $1 Million Dollars per Occurrence and $2 Million Aggregate.

(If high risk or dangerous activities) Umbrella Coverage or Liability Excess Coverage of $ 2 Million Dollars

(If automobile or limousine service is involved even if volunteers) Automobile Liability with a minimum of $1 Million Dollars combined single limit.

Public Works and Construction General Liability insurance for personal injury

(including death) and property damage with a minimum of $1 Million Dollars per occurrence and $2 Million Dollars aggregate, including advertising injury, products coverage and (XCU) Explosion, collapse and underground (If high risk or dangerous activities) Umbrella Coverage or Excess Liability Coverage of $2 Million Dollars

Statutory Workers compensation insurance as required by state law

Professional Services Professional Liability Insurance with a minimum of

$1 Million Dollars per occurrence and $2 Million Dollars aggregate.

(If size or scope of project warrant) Umbrella Coverage or Excess Liability Coverage of $2 Million Dollars

Statutory Workers compensation insurance as required by state law

SAMPLE ON FOLLOWING PAGE

SUPPLEMENTAL INFORMATION

Texas Government Code Section 2252.002 Non-resident Proposers:

A governmental entity may not award a governmental contract to a nonresident Proposer unless the nonresident underbids the lowest bid submitted by a responsible resident Proposer by an amount that is not less than the amount by which a resident Proposer would be required to underbid the nonresident Proposer to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.

In order to make this determination, please answer the following questions:

1. Address and phone number of your principal place of business:

2. Name and address of principal place of business, and phone number of your company's majority owner:

3. Name and address of principal place of business, and phone number of your company's ultimate parent company:

MINORITY/WOMAN-OWNED BUSINESS PARTICIPATION

It is the policy of the City of Frisco to involve small businesses and qualified minority/women-owned businesses to the greatest extent possible in the procurement of goods, equipment, services and construction projects. To assist us in our record keeping, please list below the names of the minority or woman-owned firms you would be utilizing in this bid, and note the monetary involvement:

NAME OF FIRM TELEPHONE # $ INVOLVEMENT

Please provide the following information for contract development.

Is your firm?

1. Sole Proprietorship YES NO

2. Partnership YES NO

3. Corporation YES NO

If company is a sole proprietorship, list the owner's full legal name:

If company is a partnership, list the partner's full legal name(s):

If company is a corporation, list the full legal name as listed on the corporate charter:

Is this firm a minority, or woman-owned business enterprise?

NO YES If yes, specify ( ) MBE ( ) WBE

Has this firm been certified as a minority/woman-owned business enterprise by any governmental agency? NO YES

If yes, specify governmental agency:

Date of certification:

AFFIDAVIT OF NO PROHIBITED INTEREST

THE STATE OF _____________ §

THE COUNTY OF ___________ §

I, __________________, a member of the Contractor team, make this affidavit and hereby under oath state the following:

I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply):

Ownership of ten percent (10%) or more of the voting shares of the business entity.

Ownership of Twenty Five Thousand and 00/100 Dollars ($25,000) or more of the fair market value of the business entity.

Funds received from the business entity exceed ten percent (10%) of my income for the previous year.

Real property is involved, and I have an equitable or legal ownership with a fair market value of at least Twenty Five Thousand and 00/100 Dollars

($25,000).

A relative of mine has a substantial interest in the business entity or property that would be affected by my business decision of the public body which I am a member.

Other:

None of the Above.

Upon filing this affidavit with the City of Frisco, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573, TEX. GOV’T CODE, as amended, is a member of a public body which took action on the agreement.

Signed this __ day of ______________, ______.

Signature of Official/Title

BEFORE ME, the undersigned authority, this day personally appeared _____________________, and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief.

Sworn to and subscribed before me on this day of ______________, _____.

Notary Public in and for the State of _____________ My commission expires: ______________________

Contract Risk Assessment Questionnaire Required Submittals

1. Has your business/company/organization filed for bankruptcy within the last five (5) years?

Yes No If so, please enclose details.

2. Has your business/company/organization ever had a contract for the general type of services/product sought by the City terminated for non-compliance or inadequate performance?

Yes No If yes, please enclose details.

3. Has your business/company/organization ever defaulted on a contract for the general type of services/product being sought by the City?

4. In the last five (5) years has there been or is there now pending any litigation, arbitration, governmental proceeding or regulatory proceeding involving claims in excess of $100,000 with respect to the performance of any services or the provision of any product by your business/company/organization?

5. Has your business/company/organization fulfilled all of its obligations relating to the payment of City taxes, fees, or other obligations if applicable?

Yes No If no, please enclose details.

6. In the last five (5) years, has your business/company/organization, been or currently involved in any action, audit or investigation brought by any federal government agency or authority or by any state or local governmental agency?

7. In the last five (5) years, has your business/company/organization been debarred or suspended for any reason by any federal, state or local government or has refrained from bidding on a project due to an agreement with such governmental agency?

Yes No If yes, please attach a full explanation.

8. In the past five (5) years, has your business/company/organization had its surety called upon to complete any contract, whether government or private sector?

9. In the past five (5) years, has your business/company/organization had a revocation, suspension or disbarment of any business or professional permit and/or license?

10. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty?

Yes No If “yes,” identify on a separate signed page the person or persons convicted, the court (the City if a state court, the district or location of the federal court), the year and the criminal conduct.

11. In accordance with Chapter 2270 of the Texas Government Code, do you certify that your business/company/organization (a) does not boycott Israel; and (b) will not boycott Israel during the term of any contract with City?

Yes No

12. In accordance with Chapter 809 of the Texas Government Code, do you certify that your business/company/organization (a) does not boycott energy companies; and

(b) will not boycott energy companies during the term of any contract with City?

Yes No

13. In accordance with Chapter 2274 of the Texas Government Code, do you certify that your business/company/organization does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (b) will not discriminate against a firearm entity or firearm trade association during the term of any contract with the City? Yes No

Signature

THE UNDERSIGNED HEREBY CERTIFIES THAT THE RESPONSES PROVIDED ARE

CORRECT AND TRUTHFUL TO THE BEST OF MY KNOWLEDGE AND FOR THOSE

RESPONSES GIVEN WHICH ARE BASED ON INFORMATION AND BELIEF, THOSE

RESPONSES ARE TRUE AND CORRECT BASED ON MY PRESENT BELIEF AND

INFORMATION. THE UNDERSIGNED HEREBY AGREES ON BEHALF OF HIS/HER

BUSINESS/COMPANY/ORGANIZATION THAT THE CERTIFICATIONS SET FORTH IN

SECTIONS 11-13 ABOVE SHALL BE INCORPORATED INTO ANY CONTRACT WITH THE

CITY.

Dated this ______ day of __________________ of the year _________

Name of organization: _____________________________________________

Signature: _______________________________________________________

Printed name and title: _____________________________________________

PROPOSER REMINDER LIST:

REQUESTED DOCUMENTATION INCLUDED?

ORIGINAL PLUS DIGITAL COPY INCLUDED, UNLESS SUBMITTING THROUGH BONFIRE?

ALL BLANKS COMPLETED ON THIS FORM?

COMPLETED COMPANY PROFILE/REFERENCES?

COMPLETED SIGNATURES?

Schedule of Events

Public Notification/Advertisement November 7, 2025

November 14, 2025

Deadline for Submitting Questions November 18, 2025 4:00PM CT

RFP Responses Due November 25, 2025 2:00PM CT

Questions concerning this RFP are due in writing via e-mail to purchasing@friscotexas.gov before the deadline for submitting questions stated above.

mailto:purchasing@friscotexas.gov

REQUEST FOR PROPOSAL # 2610-015

Scope of Service and General Information

The City of Frisco Parks and Recreation Department is seeking proposals to establish an agreement with a concessionaire vendor (“Concessionaire”) to provide food and catering services at various permanent park concession buildings and The Frisco Athletic Center Outdoor Water Park.

Proposers must submit proposals covering both service items listed in this RFP. The City intends to award one (1) contract to a single Concessionaire to provide services for all listed locations.

ITEM 1: Various permanent park concession buildings at athletic park sites for league games, tournament games, and special events under the conditions specified herein. The contract for these sites will be effective January 1, 2026, through December 31, 2026, with an option for two (2) additional two-year extensions beginning January 1, 2027, at the City’s sole discretion based on satisfactory performance.

ITEM 2: The Frisco Athletic Center – Outdoor Water Park. The contract for this site will be effective January 1, 2026, through December 31, 2026, with an option for two (2) additional two-year extensions beginning January 1, 2027, at the City’s sole discretion based on satisfactory performance.

The City prefers an annual flat-fee financial structure for the full scope of services.

ITEM 1: PERMANENT PARK CONCESSION BUILDINGS

The following are permanent concession building sites located at City of Frisco park sites.

See “Exhibit A” for aerial images of each park site with corresponding concession stands.

Harold Bacchus Community Park, 13995 FM 3537:

• Concession Stand #1 o Located within a lighted 5-field youth baseball complex towards the northwest portion of the park.

o Primary user group is youth baseball.

o Games typically scheduled from March – June; and September –

November.

o Tournament activity in the summer months may also occur.

o Games typically scheduled Monday – Friday from 6:00pm – 9:30pm; and Saturday from 9:00am – 9:00pm.

• Concession Stand #2 o Located towards the northeast portion of the park adjacent to multiple soccer/football fields.

o Primary user groups are lacrosse and adult flag football.

• Concession Stand #3 o Located towards the southwest portion of the park adjacent to multiple soccer/football fields.

o Primary user groups are youth soccer and youth football.

• Concession Stand #4 o Located within a lighted 5-field youth baseball complex towards the southeast portion of the park.

o Primary user group is youth baseball.

o Games typically scheduled from March – June; and September –

November.

o Tournament activity in the summer months may also occur.

o Games typically scheduled Monday – Friday from 6:00pm – 9:30pm; and

Saturday from 9:00am – 9:00pm.

B.F. Phillips Community Park, 3335 Fourth Army Memorial Road:

• Concession Stand #1 o Located within a lighted 5-field youth baseball complex.

o Primary user group is youth baseball.

o Games typically scheduled from March – June; and September –

November.

o Located towards the northern end of the park adjacent to multiple football/lacrosse fields.

o Primary user group is youth lacrosse and youth cricket.

o Games typically scheduled from March – June; and September –

November.

Blake Grimmett Sunday 9a-9p

Blake Grimmett Sunday 9a-9p

Blake Grimmett Primary user youth lacrosse and youth cricket o Games typically scheduled Saturday from 9:00am – 9:00pm and Sunday from 9:00am – 9:00pm.

Shawnee Trail Sports Complex, 6501 Hillcrest Road:

• Concession Stand #1 o Located within a lighted 4-field youth and adult softball complex.

o Primary user group is youth baseball and adult softball.

o Games typically scheduled from March – November.

o Games typically scheduled Monday – Friday from 6:00pm – 9:30pm; and

Saturday from 9:00am – 9:00pm.

Northeast Community Park, 2895 Honey Grove Roade:

• Concession Stand #1 o Located within a lighted 8-field youth and adult soccer/cricket complex.

o Primary user group is youth soccer and adult cricket.

o Games typically scheduled from March – November.

o Games typically scheduled Monday – Friday from 6:00pm – 9:30pm; and

Saturday from 9:00am – 9:00pm.

Warren Sports Complex, 7599 El Dorado Parkway:

• Concession Stand #1 o Located within a lighted 4-field youth softball complex.

o Primary user group is youth softball and youth baseball.

o Games typically scheduled from March – June; and September –

November.

o Games typically scheduled Monday – Friday from 6:00pm – 9:30pm; and o Up to two summer tournaments per month.

o Located in the central/western portion of the park adjacent to multiple soccer/football fields.

o Primary user groups are youth soccer.

• Concession Stand #3 o Located in the southeastern portion of the park adjacent to multiple soccer/football fields.

o Primary user groups are youth soccer and youth football.

o Games typically scheduled Monday – Friday from 6:00pm – 9:30pm; and

Saturday from 9:00am – 9:00pm.

Blake Grimmett 9a-9p

Blake Grimmett Summer Tournaments up to 2 per month

ITEM 2: FRISCO ATHLETIC CENTER – OUTDOOR WATER PARK

• The Outdoor Water Park concession stand is located at 5828 Nancy Jane Lane, Frisco, Texas 75035. This space is approximately 370 square feet.

• The Water Park is open approximately 100 days during the summer season from Memorial Day through Labor Day weekends. See “Exhibit A” for aerial images.

TEXAS LEMONADE LAW COMPLIANCE

The City of Frisco expects all bidders to be knowledgeable of, and compliant with, the Texas Lemonade Law (House Bill 234, 86th Legislature, effective September 1, 2019).

This law prohibits municipalities, counties, and local public health authorities from adopting or enforcing ordinances or rules that regulate or prohibit the occasional sale of lemonade or other non-alcoholic beverages by individuals under 18 years of age from stands located on private property or within public parks.

As such, concessionaires awarded under this solicitation must acknowledge that the City cannot restrict or penalize such youth-operated stands in accordance with Texas Local Government Code § 250.009. Bidders should consider this statutory exemption when developing their operational approach and pricing proposals, as it may affect exclusivity expectations for beverage sales in or around public park areas.

WASTE

Concessionaire will be responsible for proper disposal of trash and litter generated by its operations at all locations.

MOBILE CONCESSIONS

Mobile concession operations must be self-contained and capture or route all wastewater for proper disposal. Accessing drains in buildings adjacent to mobile operations will not be permitted. At all locations, the City reserves the right to operate any additional concessions other than those granted to the successful bidder(s) in the event City determines that such additional Concession Operations are in the public interest. For example, mobile concessions and/or food trucks.

SELECT FOOD AND DRINKS

The City may require the sale of certain food and beverage items, which it considers essential to the concession operation. For example, if the City were to enter into a sponsorship or agreement with a food and/or beverage company. In the event that the City chooses to require certain food and beverage items, notice will be furnished to concessionaire, who will have thirty (30) calendar days from receipt of notice to decide whether to comply. Failure to comply may be a basis for termination of this contract

ITEM 1: HISTORICAL GAME ACTIVITY AND ATTENDANCE

The City of Frisco does not express nor implies the level of utilization of each facility. The numbers listed below are approximate usage of each facility in 2019.

Future usage is subject to change based on a variety of factors including, but not limited to, construction, fluctuation in participation, seasonal demands, weather, etc.

HISTORICAL USAGE CHART ON THE FOLLOWING PAGE

Historical Usage: 2024

Bacchus Northeast Phillips Shawnee Warren

#1 #2 #3 #4 #1 #1 #2 #1 #1 #2 #3

Jan 0 0 0 0 0 0 0 0 0 0 0

Feb 0 6 26 0 56 0 13 46 0 93 0

Mar 163 4 50 339 102 118 20 85 238 225 0

Apr 183 20 66 371 283 227 12 67 133 483 18

May 243 0 17 418 123 219 10 119 80 285 28

Jun 76 0 0 277 0 57 0 111 231 0 0

Jul 0 0 0 0 0 96 0 0 94 0 0

Aug 42 0 0 56 0 42 0 37 6 0 0

Sep 257 4 157 499 540 331 50 152 157 488 77

Oct 161 2 118 295 405 255 12 85 151 357 58

Nov 26 0 22 68 135 2 0 69 82 115 11

Dec 0 0 0 0 0 0 0 0 0 0 0

* 2019 Estimates as this portion of the park was closed due to construction.

ITEM 2: FRISCO ATHLETIC CENTER HISTORICAL ATTENDANCE

June Average Monthly Attendance (2023 – 2025): 77,000 visits July Average Monthly Attendance (2023 – 2025): 80,000 visits August Average Monthly Attendance (2023 – 2025): 62,000 visits

MINIMUM REQUIREMENTS

• Itemize for each location for which services are requested.

• Secure necessary health permits and inspections.

• Meet the City’s insurance requirements for the duration of the contract (see pages 11-13).

• Provide a minimum of three (3) personal referrals/references from jobs/contracts of similar size and type from the past three (3) years.

• Provide to the public at the specified sites various types of beverages, cold food, hot food, soft drinks, hot drinks, chips, ice cream, and similar snacks. All food must be prepared on site. Alcoholic beverages and chewing gum will not be permitted.

• Provide all necessary equipment and food inventory needed to perform the concession operations. The City of Frisco will pay for electric and water utilities.

• Be present during all game and tournament activity. Hours of operation will be based upon the athletic seasons and weather. Minimum hours may include two-hour weeknights as well as weekends and national holidays. Hours of operation should be coordinated with the City of Frisco Parks & Recreation Department.

• Hire the necessary personnel to conduct the daily operations complying with all federal, state and local employment laws.

• Submit monthly financial summary sheets outlining the sales per concession stand(s) to the Parks & Recreation Department.

• Execute a written contract.

LIST OF SUBMITTALS

Proposals must follow the format described below. Any proposal that does not adhere to the format may be eliminated from further consideration at the discretion of the City.

Section1: Title Page The title page should include the proposal number, the proposal title, and the name of your organization. It should be signed by an officer of your organization authorized to bind the organization in contracts.

Section 2: Table of Contents Provide page numbers for the beginning of each section of the proposal.

Section 3: Company Background Provide a brief history of your business. Include information such as the number of years in business, number of employees, a summary of proposed services, ability to handle multiple locations,…