Concessions RFP.pdf

CITY OF VICTORIA, TEXAS

REQUEST FOR PROPOSALS

for

FOOD & BEVERAGE CONCESSIONS LEASE AT

THE ADULT SOFTBALL COMPLEX AND YOUTH

SPORTS COMPLEX

# RFP-PM-10272020

Date Issued:

October 12, 2020

RESPONSES MUST BE RECEIVED NO LATER THAN:

1:00 PM CST October 27, 2020

Pre-Proposal Meeting: Thursday, October 15, 2020 at 10:00am Location: City of Victoria – Adult Softball Complex, 510 Proctor Street, Victoria, TX 77901

City of Victoria Purchasing Department: Phone: 361-485-3170

Email: purchasing@victoriatx.gov mailto:purchasing@victoriatx.gov

TABLE OF CONTENTS

RESPONDING AND CONTRACT REQUIREMENTS:

Notice to Respondents

Part I: General Requirements for Responses

Part II: Response Form A – Proposal Signature Page

Part III: Response Form B – Proposal Form

Part IV: Attachments

Attachment A – Specifications

Attachment B – Israel Verification Form

ADVERTISEMENT FOR PROPOSALS

REQUEST FOR PROPOSALS

# RFP-PM-10272020

The City of Victoria intends to purchase and invites you to submit a sealed response for:

FOOD & BEVERAGE CONCESSIONS LEASE AT THE ADULT SOFTBALL

COMPLEX AND YOUTH SPORTS COMPLEX

Sealed Responses addressed to the Purchasing Manager will be received until October 27, 2020 at 1:00 PM. All Responses must be in the City of Victoria’s possession on or before the scheduled date and time (Late responses will be returned). Documents are available at https://www.bidnetdirect.com/texas/city-of-victoria or https://www.victoriatx.gov/317/Bid-Opportunities.

In accordance with Chapter 252 of the Texas Local Government Code, the Contract will be awarded to the Respondent who provides the best value to the City of Victoria

The City of Victoria reserves the right to refuse and reject any or all responses.

Bids will be received by electronic submission at Bid Net Direct – Texas Purchasing Group https://www.bidnetdirect.com/texas/city-of-victoria or by email to purchasing@victoriatx.gov.

Philip J. McGuill Purchasing Manager City of Victoria https://www.bidnetdirect.com/texas/city-of-victoria https://www.victoriatx.gov/317/Bid-Opportunities mailto:purchasing@victoriatx.gov

PART I

GENERAL REQUIREMENTS FOR RESPONSES

1. DEVIATION FROM SPECIFICATION/ REQUIREMENTS

Please read the requirements thoroughly and be sure that your response complies with all requirements/specifications noted. Any variation from the solicitation requirements/specifications must be clearly indicated by letter, on a point-by-point basis, attached to and made a part of your response. If no exceptions are noted, and you are the successful Respondent, the City of Victoria will require that the good/service(s) be provided as specified.

2. GENERAL DESCRIPTION

Pursuant to Chapter 252 of the Texas Local Government Code, the City of Victoria invites the submittal of responses to this Request for Proposals (RFP) from qualified firms interested in providing Food and Beverage Concessions.

3. PURPOSE

The purpose of these specifications/requirements and response documents are to award a Contract for the Food and Beverage Concessions Lease at the Adult Softball Complex and the Youth Sports Complex.

4. INTENT

The good/service(s) to be provided under the RFP shall be in accordance with and shall meet all specifications and/or requirements as shown in this solicitation.

5. SUBMITTAL OF RESPONSES

Responses shall be submitted electronically through BidNet Direct., by uploading the Adobe PDF files of:

• Response Form A – Proposal Signature Page,

• Response Form B – Proposal Form, all other required forms, and any

Specifications/Drawings that are required as part of the proposal.

Responses WILL NOT be accepted via oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission.

Responses may be withdrawn prior to the above scheduled time set for closing. Alterations made before response closing must be initiated by respondents guaranteeing authenticity. Submittal of a response constitutes an offer by the Respondent. Once submitted, the response becomes the property of the City of Victoria and as such the City of Victoria reserves the right to use any ideas contained in any response regardless of whether that respondent/firm is selected.

Submission of a response in response to this solicitation, by any Respondent, shall indicate that the respondent(s) has accepted the conditions contained in the RFP, unless clearly and specifically noted in the response submitted and confirmed in the Contract between the City of Victoria and the successful Respondent. Responses that do not comply with these requirements may be rejected at the option of the City of Victoria. Responses must be filed with the City of Victoria before the deadline day and hour. No late response will be accepted. They will be returned to Respondent unopened (if properly identified). Failure to meet response requirements may be grounds for disqualifying a proposal.

6. PROPOSAL OPENING

The City of Victoria will be accepting sealed Proposals until 1:00 PM, central standard time, on October 27, 2020 at which time they will be opened publicly and the name of the offeror and the monetary component of the Proposals shall be read aloud. Any Proposal received after proposal time will be returned unopened. Receipt of response does not bind the City of Victoria to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded.

7. ASSIGNMENT

Respondents are advised that the City of Victoria shall not allow the successful Respondent to sell, assign, transfer, or convey any part of any contract resulting from this response in whole or in part, to a third party without the written approval of the City of Victoria.

8. PREPARATION OF RESPONSE

Responses MUST give full firm name and address of Respondent, and be manually signed. Failure to do so will disqualify your submittal. The person signing the response must show title or AUTHORITY TO BIND FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate bylaws and shall also list the state in which it is incorporated. A partnership Respondent shall give full names and business addresses of all partners. All partners shall execute the submittal. Partnership and Individual Respondents shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, or the office address of the contractor, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the Respondent.

9. WITHDRAWAL

Responses may be withdrawn prior to the due date for submission. Written notice of withdrawal shall be provided to the Purchasing Manager for proposals submitted in hard copy. No response may be withdrawn after opening time without reasonable exception in writing and only after approval by the City of Victoria.

10. TIME ALLOWED FOR ACTION TAKEN

The City of Victoria may hold responses 60 days after submittal deadline without taking action.

Respondents are required to hold their responses firm for same period of time.

11. ALTERATIONS/AMENDMENTS TO RESPONSES

Responses CANNOT be altered or amended after the opening deadline. Alterations made before opening time must be initialed by Respondent guaranteeing authenticity.

12. LIST OF EXCEPTIONS

The Respondent shall attach to the response a list of any exceptions to the specifications/requirements, on a point-by-point basis.

13. NAME BRANDS

Specifications may reference name brands and model numbers. It is the intent of the City of Victoria to restrict these responses in such cases, based on a desired quality level of merchandise or to meet a pre-established standard due to existing items. Respondents may offer items of equal stature and the burden of proof of such stature rests with Respondents. The City of Victoria shall act as sole judge in determining equality and acceptability of products offered.

14. INSPECTIONS & TESTING

The City of Victoria reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a Respondent cannot furnish a sample of a response item, where applicable, for review, or fails to satisfactorily show an ability to perform, the City of Victoria can reject the response as inadequate.

15. PRICING

Prices for all goods or services shall be firm for the duration of this contract and shall be stated on the Proposal form. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the response prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, Respondent MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails.

16. INTERPRETATIONS

Any questions concerning the requirements or scope of work with regards to this solicitation for responses shall be directed to the designated individuals as outlined herein. Such interpretations, which may affect the eventual outcome of this solicitation for responses, shall be furnished in writing to all prospective Respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City of Victoria in accordance with paragraph titled “Addenda and Modifications.”

17. ANTICIPATED TERM OF CONTRACT

The anticipated term for the proposed contract is one (1) year beginning January 1, 2021 to December 31, 2021, with four (4) additional one year renewals.

18. EVALUATION

The evaluation process shall be used to determine which response items or services meet the criteria described in “AWARD OF CONTRACT” Section. All Responses are subject to tabulation by the City of Victoria and recommendation to the City Council. Compliance with all response requirements, delivery and needs of the using department are considerations in evaluating responses. The City of Victoria reserves the right to contact any Respondent, at any time, to clarify, verify or request information with regard to any response.

19. AWARD OF CONTRACT

In accordance with Section 252.043 of the Texas Local Government Code, the City of Victoria seeks to contract with the best value proposer. In determining the best value proposer, the City of Victoria may consider the following criteria:

1) the purchase price;

2) the experience and reputation of the Respondent and of the Respondent's goods or services;

3) the quality of the Respondent's goods or services;

4) the impact on the ability of the City of Victoria to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

5) total long-term cost to the City of Victoria to acquire the Respondent’s goods or services;

and

6) any other relevant criteria specifically listed in the Request for Responses.

Respondents must provide sufficient information to allow the City of Victoria to evaluate Proposers based on criteria above and the weighted selection criteria included in Section 22.

To demonstrate qualifications to perform the Work, each Proposer must include with its submission written evidence, such as financial data, previous experience, present commitments and other such data that meets the best value considerations outlined in section 252.043 of the Texas Local Government Code. Each proposal must contain evidence of Proposer’s qualification to do business in the state of Texas or covenant to obtain such qualification prior to award of the contract.

The City of Victoria reserves the right to make an award on the basis of low line item, low total of lines items, or in any other combination that serves the best interest of the City of Victoria and to reject any and all responses or line items at the City of Victoria’s sole discretion. For the purpose of evaluation, any item left blank will be deemed “no response.”

The City of Victoria reserves the right to accept any item or group of items on this response, unless the Respondent qualifies his/her response by specific limitations.

A written award of acceptance (manifested by the City of Victoria) and appropriation mailed or otherwise furnished to the successful Respondent results in a binding contract without further action by either party.

20. SELECTION PROCESS

Respondents should prepare a sealed proposal responsive to all information requested in this RFP.

The City of Victoria will use a selection committee to evaluate the proposals. The City of Victoria will select the offeror that submits the proposal that offers the best value for the Owner based on the criteria in this request and its ranking evaluation. The response received will be part of the selection process utilized by Owner. Owner reserves the right to and may contact Offerors with questions or clarifications relating to that Offeror’s response to this RFP.

The Owner’s selection committee will rank the Offerors and will notify each of the rankings within 45 days of proposal opening. The Owner will then negotiate with the highest ranked Offeror as allowed by statute. The set of Contract Documents, including the forms for the Contract and the Technical Specifications, are included with this RFP for Offeror evaluation prior to submission of a Proposal. If a contract cannot be successfully negotiated with the highest ranked Offeror, in the opinion of Owner, negotiations will be terminated and Owner will proceed to negotiate with the next highest ranked Offeror in the order of the selection ranking until a mutually agreed contract can be negotiated or all proposals are rejected.

21. SELECTION CRITERIA

The selection criteria used to evaluate the RFP responses will include, but not be limited to, the following (items listed below are not listed in order of importance):

1. Amount of Proposed lease payment to owner. (30%)

2. Operational and Financial Plan. (20%)

3. Experience of the Vendor. (20%)

4. Experience of Vendor’s management team. (15%)

5. Evaluation of Credit/Finances. (15%)

SELECTION CRITERIA WEIGHTED VALUE

Amount of Proposed lease payment to owner 30% Operational and Financial Plan 20% Experience of the Vendor 20% Experience of Vendor’s management team 15% Evaluation of Credit/Finances 15%

Total: 100%

Offerors shall include with the proposal all information and qualifications to allow the City of Victoria’s selection committee to evaluate the proposal in accordance with this section and the evaluation criteria listed here. The City of Victoria reserves the right to request additional post-proposal information from any or all Offerors to assist in evaluating the proposal based on the selection criteria. The Owner reserves the right to reject any and all proposals. The Owner reserves the right to waive any and all irregularities in proposals.

The City prefers to award operations to a single vendor to operate the concession stands at both the City's Adult Softball Complex & at the Youth Sports Complex. However, the City will execute separate concession contracts for each location, if deemed the most advantageous option.

The award of any concession described in this RFP shall not be valid until the City has executed a duly authorized, written agreement with the vendor for the operation of said concession.

22. RIGHT TO REJECT/ AWARD

The City of Victoria reserves the right to reject any or all Responses, to waive any or all formalities or technicalities, and to make such awards of contract to the lowest responsible proposer.

23. CLARIFICATION OF REQUIREMENTS AND QUESTIONS

All requests for additional information or clarification concerning this response must be submitted in writing can be emailed to Jaymie Heibel at jheibel@victoriatx.gov on or before 10:00 am on October 20, 2020. Questions received after the stated deadline will not be answered. Questions submitted and the City of Victoria’s responses will be posted with this solicitation as addenda.

24. RESTRICTIONS ON COMMUNICATION

Respondent(s) are prohibited from communicating with: 1) the City of Victoria City Council Members and City staff regarding the RFP or proposals from the time the RFP has been released until the contract is posted as a City Council agenda item; and 2) City of Victoria employees from the time the RFP has been released until the contract is awarded. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFP or proposal submitted by Respondent. Violation of this provision by Respondent or its agent may lead to disqualification of Respondent’s proposal from consideration.

Exceptions to the restrictions on communication with City of Victoria employees include:

1. Respondents may ask verbal questions concerning this RFP at the Pre-Submittal Conference or submit clarification requests pursuant to “ADDENDA AND MODIFICATIONS” Section.

mailto:jheible@victoriatx.gov

25. ADDENDA AND MODIFICATIONS

Any changes, additions, or clarifications to the RFP are made by amendments (addenda) and will be posted on the Public Purchase website. Any respondent in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation from the Staff Contact Person.

At the request of the Respondent, or in the event the Staff Contact Person deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Manager. Such addendum will be attached to the original RFP in the Public Purchase file and will become part of the RFP package having the same binding effect as provisions of the original RFP.

It shall be the Respondent(s) responsibility to ensure that they have received all Addenda with respect to this project. Furthermore, Respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their submittal.

Respondent(s) signature on Addenda shall be interpreted as the respondent’s recognition and compliance to official changes as outlined by the City of Victoria and as such are made part of the original RFP documents. Failure of any Respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. Addendums are available online at https://www.bidnetdirect.com/texas/city-of-victoria. No verbal explanations or interpretations will be binding. The City of Victoria does not assume responsibility for the receipt of any addendum sent to Respondents.

26. INVITATION FOR RESPONSES PREPARATION COSTS

Issuance of this RFP does not commit the City of Victoria, in any way, to pay any costs incurred in the preparation and submission of a response. All costs related to the preparation and submission of this RFP shall be borne by the Respondent.

27. EQUAL EMPLOYMENT OPPORTUNITY

Respondent agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

28. INDEPENDENT CONTRACTOR

It is expressly understood and agreed by both parties hereto that the City of Victoria is contracting with the successful Respondent as independent contractor. The parties hereto understand and agree that the City of Victoria shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful Respondent under this contract and that the successful Respondent has no authority to bind the City of Victoria.

29. Requirements for Application

Each applicant submitting a written proposal must meet the minimum requirements as detailed in the RFP and shall include in their proposal the following documents:

A. Completed RFP Response Sheet listed as Attachment A.

The proposed monthly lease payment to the City for the Youth Sports Complex and the Adult Softball Complex shall be clearly stated.

B. Applicants must provide resumes of all persons with a controlling interest in the business that includes experience relating to this service with reference names and phone numbers.

C. Applicants must provide a list of equipment including any descriptive literature that illustrates the exact equipment to be used to provide the service. Applicants should also specify in writing any capital improvements they propose to enhance services and improvements at the two concession stands. If the proposal is accepted, any capital improvements would still need to be approved in writing by the Director.

D. Applicants must submit an operational and financial plan outlining the method of providing service, including number of personnel, food delivery method, and menu concepts.

E. A recommended menu is provided in Exhibits A & B. Applicant may add or delete items from the recommended menu. Details must be identified on Exhibit A and/or B.

F. Applicants must submit to a criminal background check & credit check on the applying entity, and all of its partners, directors, limited liability company (LLC) managers, majority corporate owners, and majority LLC members. Information obtained from the criminal background checks & credit checks will be considered confidential to the maximum extent permitted by law. Background checks must not reveal information that:

1. indicate the applicant or its aforementioned officer/owner regularly fail to pay creditors; or

2. indicate the applicant would probably be prevented by Texas law or regulations from obtaining a Texas Alcoholic Beverage Commission (TABC) Wine & Beer Retailer's On-Premise Permit.

G. The City may require applicants to interview & re-interview with City officials at any stage in the process.

31. Proposed Services:

A. Services. The vendor will be required to provide attractive & competitive food vending services that will complement and enhance the adult softball complex and youth sports complex during the events of the facilities. The anticipated schedules of events are as follows:

Adult Softball Complex schedules:

Spring League March – May Summer League Late May – August/September Fall League Late September – November Tournaments February - November

Youth Sports Complex schedules:

Youth Baseball March – July & September – November

Youth Baseball Tournaments February – November Youth Softball March – July & September – November Youth Softball Tournaments February –November High School Games February – May Collegiate games February – May

B. Equipment & Facilities. All equipment and fixtures required for this operation shall be of modern design, quality material, sufficient in number to adequately serve the public, and provided by the vendor at his or her expense. The equipment listed in Exhibit “C” represents concession equipment at the Adult Softball Complex and Youth Sports Complex belonging to the City of Victoria. All maintenance on the equipment listed in Exhibit “C” will be the sole responsibility of the contractor. Replacement of any piece of equipment at the

Adult Softball Complex or Youth Sports Complex is the responsibility of the contractor. The City will not replace or maintain the equipment listed in Exhibit “C”. City will assist in removal of City owned equipment once it is no longer needed or operational. Vendor shall provide all other equipment for both concession stands and maintenance thereof.

1. Contractor shall install signs that list the full legal name of the concession company, authorized contact for the company and phone number. Signage shall be placed in a location that will be seen by the public, and will be approved by the Director.

2. Before submitting proposals, each bidder will be held responsible for having examined each site and being satisfied as to the existing conditions under which he or she will be obligated to operate or that will in any manner affect his or her services under the contract to include electrical service availability. No allowances shall be made in this connection on behalf of the bidder for any error or negligence on his or her part.

3. Electric power, sewer and water will be provided at no additional cost to the contractor for the operation of concession equipment. Any additions or improvements for electricity, sewer, water, or any other utilities desired by vendor shall be installed at vendor’s sole expense only after written approval from the Director. In no event shall the electric load exceed the available circuit capacity. Vendor is responsible for securing all permits necessary to comply with City regulations. The City will not be responsible for loss of product due to electrical outages. The contractor will be responsible for annual Grease Trap Ordinance compliance, including applicable fees.

4. Any changes or alterations to any of the concession locations shall be made only (1) after express, written approval of the Director and (2) at the sole expense of the vendor. Any changes to fixtures to the real property of the facilities will become the sole property of the City and, upon termination of the contract, will revert to the City's sole control. Any contractor making changes or alterations to any City facility shall obtain the insurance described herein prior to making such alterations and provide copies of certificates thereof to the Director.

5. The vendor may sell beer at the Adult Softball Complex, but not at the Youth Sports Complex. Prior to beginning operations, the vendor will be required to provide evidence that a beer license has been obtained from the TABC for the Adult Softball Complex. Notwithstanding, the Director may prohibit sales of alcoholic beverage at any particular event and intends to prohibit such sales at youth events. During all operations, vendor must comply with all regulations of the TABC.

C. Personnel. Vendor shall provide all personnel to successfully operate the concession. The vendor shall supervise all personnel to ensure operations are performed in an efficient, safe, and sanitary manner.

1. All employees working in the concession shall meet all minimum requirements as referenced in federal and state law, and shall be legally entitled to work in the U.S. The vendor shall not hire employees who have been convicted of crimes involving sex, the trafficking of illegal drugs, endangering public health, or committing felonies that affect one's fitness or trustworthiness in the provision of food services to the public. The City may require the vendor to provide a list of all employees with their names, dates of birth, and social security numbers to the City within 5 days after any employee is hired along with a completed form, signed by each employee, authorizing a criminal background check for the aforementioned crimes. The vendor shall be solely responsible and liable for the safety, injury and health of its working personnel while its employees are performing services pursuant to the concessions described in this document.

2. The City is committed to maintaining an alcohol and drug-free workplace.

Possession, use or being under the influence of alcohol or controlled substances by employees working in the concession (including any breaks) is prohibited.

Repeated violation of this requirement shall constitute grounds for termination of this service contract.

3. All employees working in the concession shall be clean, well groomed, and appropriately dressed at all times when on duty.

D. Hours and Access. The Director may require or prohibit operation of the concession during specified times. The City will provide a key to the vendor to access front gates (if applicable). The Director or his/her designee will provide a notice of regular baseball/softball games scheduled at the Youth Sports Complex and Adult Softball Complex no later than two weeks prior to the start of games at the Youth Sports Complex and one week prior to the start of games at the Adult Softball Complex. Schedules for “rain out games” will be provided no later than 48 hours in advance. Other event schedules, other than regular softball games, will be provided no less than 48 hours in advance.

E. Concession Location. The Director reserves the right to designate and/or restrict locations and/or areas of the facilities where vendor may set up/conduct a concession business other than the permanent building used for concessions.

F. Signs. Vendor may not install advertising signs outside of the concession stand at any location on City property, except as required by the City.

32. Other Details regarding Sales:

A. Vendor shall be prepared to provide food and drink a minimum of 30 minutes prior to the scheduled game time and remain open for sale of food and drink products (no glass bottles are permitted) during the time there is or shall be a reasonable demand. All prices must be visible to customers at all times. If the vendor fails to open the concession for any required event, the City may, at the City's option, declare a breach of this contract and charge the vendor $250 Liquidated Damages, which is an amount that will reasonably approximate the City’s damage and inconvenience to the public. It shall be considered breach of contract for repeated failure to open or continue concession sales at the Adult Sports Complex and/or Youth Sports Complex.

B. The vendor will be issued a key to the Youth Sports Complex concession door and the Adult Softball Complex concession door. The vendor may re-key said doors, and shall provide at least two keys to Director. The Director will retain the privilege of access to the structure for routine maintenance, inspection, and emergencies. At no time shall the vendor restrict or prohibit entry by the Director into any part of the concession areas. If the Director is refused entry thereto or said facility is locked and a key has not been provided to the Director, then the Director may use force to enter said facility and the vendor will be considered to have consented thereto.

C. All City, State, County and other governmental regulations relative to public health and alcohol beverages shall apply to this concession operation.

D. Signage will be installed by the City stating that food and beverages may not be brought onto the premises, except water and/or sports type drinks for the participating teams. Vendor may install a similar sign on the Youth and Adult concession premises, in a form approved by the Director. The City will not enforce this provision. It is incumbent upon the contractor to position staff to ensure outside food is not brought onto the facilities.

E. No sales with any element of chance are permitted on any complex.

F. No noisy canvassing for sale shall be made on any complex.

G. No novelties, clothing, or school supplies shall be sold on premises by vendor or persons acting on vendor's behalf without the written approval of the Director.

H. The City may request a copy of Food Establishment Inspection Reports for each operation.

I. The vendor may offer party packages (food and beverages) to the ball teams

‘participants and other persons.

J. Vendor's operations shall be conducted in a clean, orderly and legitimate manner and in accordance with existing ordinances and laws regulating food concession.

No rubbish, glass, plastic, or cardboard boxes of any kind shall be thrown upon the grounds or in any buildings by vendor or anyone working for vendor. Vendor will have full access to a dumpster at both locations.

K. Vendor's operations shall be subject to inspection by the Director or his/her authorized representatives during normal operating hours. Vendor will be given two warnings; and, if operations do not meet ordinances and laws regulating food establishments, the contract with the vendor may be terminated on the third occurrence.

L. Upon execution of the contract, the vendor will have the right to operate the food

& beverage concession stands at the Adult Softball Complex and/or the Youth Sports Complex, as applicable. However, the City will retain the right to enter into any other contracts, franchises, or concessions concerning the facilities to sell or permit the sale of items therein.

M. The City shall have no obligation to alter or modify its rules or events within either complex for the benefit of the vendor.

33. Financial Records:

A. The vendor shall collect all monies after every event and at intervals of such frequency as necessary to discourage vandalism, theft or robbery.

B. Vendor is encouraged to develop a financial accounting model to account for financial transactions and produce financial reports, such as, balance sheets, income statement, cash flow statement, sales tax reports, etc.

C. The City shall have the right to audit and/or examine the operations of the vendor with respect to the facility at any time. If the City Finance Director so requests, vendor shall provide access to all of its books, records, and state and federal reports relating to the facility for purposes of verifying the accuracy of payments hereunder. The City Finance Director will furnish vendor with a copy of any audit report ensuing therefrom.

34. Additional Submissions to City:

Prior to beginning operations and during the contract term, vendor must obtain and maintain the following permits & insurance. Certificates showing the validity of the permits and insurance must be provided to the Director, either annually, or immediately upon any change in status thereof:

A. Food Service health permits for operations at each facility. Vendor must obtain a permit from the Victoria City/County Health Department and provide a copy to the Director. Information regarding food service permits can be obtained by calling

(361) 578-6281. Vendor shall submit a copy of the permit to the Director in January of each year.

B. TABC Wine & Beer Retailer's On-Premise Permit for operations at the Adult

Softball Complex.

C. Certificates of Insurance evidencing the following insurance that covers operations at each contracted complex:

Contractor shall maintain the insurance described below during the term of the contract, and shall notify the City of Victoria within 30 days if any provision thereof is altered or modified in any way. Contractor shall furnish to the City a Certificate of insurance from a reputable insurance company or companies licensed by the Texas Department of Insurance to write insurance in the State of Texas showing that the Contractor is covered by the insurance.

A. Workers’ Comp & Employer’s Liability (contractor must comply with requirements of Tex. Labor Code § 406.096 and 28 TAC § 110.110). In addition, insurance certificate must provide:

a. Policy Limits --- “Statutory Limits” box should be checked on certificate & coverage must comply with rules of Texas Workers’ Compensation Commission applicable to public construction contracts.

b. Waiver of Subrogation against the City of Victoria and its officers, agents, and employees shall be included.

c. If any of the Contractor’s employees engaged in hazardous work on the project under this contract are not protected under the Worker's Compensation Statute, then the Contractor shall provide adequate employer's general liability insurance for the protection of this class of employees.

JOB SITE NOTICE

REQUIRED WORKERS COMPENSATION COVERAGE

The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee.

Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage.

I. The contractor shall contractually require each person with whom it contracts to provide services on a project to:

(1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

(2) provide the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(4) obtain from each other person with whom it contracts, and provide to the contractor:

(a) a certificate of coverage, prior to the other person beginning work on the project; and

(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(5) retain all required certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

(7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

II. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

III. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

35. INSURANCE

Required Insurance Coverage. Any of the coverage set forth below may be waived by the City of Victoria in its sole discretion, but any such waiver must be signed by an authorized representative of the City of Victoria. The contracted Respondent will be required to maintain, at all times during performance of the Contract, the insurance detailed in the Insurance Rider attached as Attachment C to the Contract Standard Terms and Conditions.

36. WARRANTIES

Respondents shall furnish all data pertinent to warranties or guarantees which may apply to items in the response.

The Respondent shall warrant that any equipment furnished or work performed shall be free from defects in design, materials, workmanship, and will give successful service under the specified operating conditions. Furthermore, the Respondent agrees, upon notice from the City of Victoria, to make good all defects in design, materials, or performance developing in the materials or equipment under its intended use for at least twelve (12) months from the date of installation and initial operation, or the manufacturer’s warranty whichever is greater length of time.

In the event that the equipment must be returned to the factory under warranty, the Respondent shall be responsible for delivery charges both to and from the factory.

37. INDEMNIFICATION CLAUSE

TO THE FULLEST EXTENT PERMITTED BY LAW, THE RESPONDENT SHALL INDEMNIFY,

DEFEND AND HOLD HARMLESS THE CITY OF VICTORIA AND EACH COUNCIL MEMBER,

OFFICER, EMPLOYEE OR AGENT THEREOF (THE CITY OF VICTORIA AND ANY SUCH

PERSON BEING HEREIN CALLED AN “INDEMNIFIED PARTY”), FOR, FROM AND AGAINST

ANY AND ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES

(INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COURT COSTS)

TO WHICH ANY SUCH INDEMNIFIED PARTY MAY BECOME SUBJECT, UNDER ANY THEORY

OF LIABILITY WHATSOEVER (“CLAIMS”), INSOFAR AS SUCH CLAIMS (OR ACTIONS IN

RESPECT THEREOF) RELATE TO, ARISE OUT OF, OR ARE CAUSED BY THE GOODS OR

SERVICES PROVIDED BY THE RESPONDENT, ITS OFFICERS, EMPLOYEES, AGENTS, OR ANY

TIER OF SUBCONTRACTOR IN THE PERFORMANCE OF THIS AGREEMENT.

38. RESPONDENT’S EMPLOYEES

Neither the Respondent nor his/her employees engaged in fulfilling the terms and conditions of any awarded contract shall be employees of the City of Victoria. The method and manner of performance of such undertakings shall be under the exclusive control of the Respondent on contract. The City of Victoria shall have the right of inspection of said undertakings at any time.

39. VERBAL THREATS

Any threats made to any employee of the City of Victoria, be it verbal or written, to discontinue the providing of item/material/services for whatever reason or reasons shall be considered a breach of contract and the City of Victoria will immediately sever the contract with the vendor.

40. CONFIDENTIAL INFORMATION

A. Any information deemed to be confidential or proprietary by the respondent should be clearly annotated on the pages where confidential or proprietary information is contained. The City of Victoria cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential or proprietary by the responder may not be confidential or proprietary under Texas Law, or pursuant to a Court order.

Pursuant to SB 943, the City of Victoria must disclose certain contracting information and the law presumes that most contracting information is public. Certain types of contracting information must generally be released under the Public Information Act: overall price; price and description of items or services to be delivered; delivery and service deadlines; remedies for breach of contract; identity of the parties to the Contract; execution and effective dates; and information connected to a vendor or contractor’s performance on the contract. Additionally, information regarding performance under the Contract, including breaches of the Contract, Contract variances, amendments, liquidated damages, and other penalties for non-performance, must generally be released under the Public Information Act.

B. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and the contractor or vendor agrees that the Contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

41. JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Victoria County, Texas.

42. VENUE

The parties agree that exclusive venue for purposes of any and all lawsuits, cause of action, arbitration, or any other dispute(s) shall be in Victoria County, Texas.

43. CONFLICT OF INTEREST

Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity must 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. This questionnaire must be filed, by law, with the City of Victoria no later than the 7th business day after the date the person becomes aware of facts that require the statement 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 misdemeanor.

For more information or to obtain the Questionnaire CIQ go to the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN

LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH

PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT.

AN OFFENSE UNDER CHAPTER 176 IS A MISDEMEANOR.

44. CERTIFICATE OF INTERESTED PARTIES

Pursuant to Section 2252.908, Texas Government Code, as amended and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the City of Victoria City Council, will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application.

Please visit the State of Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and https://www.ethics.state.tx.us/tec/1295-Info.htm for more information.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN

LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH

PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT.

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552 http://www.ethics.state.tx.us/forms/CIQ.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/tec/1295-Info.htm

45. CONFIDENTIALITY OF INFORMATION AND SECURITY

Should the successful respondent be awarded a contract and become the holder of, and have access to, confidential information, (in the process of fulfilling its responsibilities in connection with the contract), the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the City of Victoria, and any applicable federal laws and regulations relating to confidentiality.

46. SUBSTITUTIONS/CANCELLATIONS OF RESPONSES

No substitutions or cancellations are permitted without approval of the City of Victoria.

47. ADDITIONAL REPRESENTATION

A Respondent submitting a response to this RFP must submit a verified statement (Attachment C) that it does not boycott Israel and will not boycott Israel during the term of the Agreement as described in Chapter 2270 of the Texas Government Code as amended. Failure to comply with this requirement is grounds for disqualifications; however, the City of Victoria reserves the right to contact Respondent who fails to comply initially to correct the omission or to confirm the Respondent’s policy.

48. AGREEMENT

The successful Respondent shall enter into the City of Victoria’s Standard Terms and Conditions.

PART II

RESPONSE FORM A - PROPOSAL SIGNATURE PAGE

SUBMIT TO:

THE CITY OF VICTORIA

Purchasing Manager 702 N. Main St., Suite 132 Victoria, TX 77901

REQUEST FOR PROPOSAL

(RFP)

Title: Food and Beverage Concessions Lease at Adult Softball Complex and Youth Sports Complex

Number: RFP-PM-10272020 Closing Date & Time: October 27, 2020 at 1:00PM

NAME OF PARTNERSHIP, CORPORATION OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER

MAILING ADDRESS

NO RESPONSE: If not submitting a response, state reason below and return one copy of this form

CITY, STATE ZIP

PHONE

EMAIL

FAX

WEB ADDRESS

DELIVERY: Calendar days after receipt of Contract:

__________ days (ARO)

RESPONSES ARE FIRM FOR ACCEPTANCE FOR 120 DAYS

YES NO OTHER

PAYMENT TERMS

_______ % / Net _______

I certify that this response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I agree to all conditions of this response and certify that I am authorized to sign this response for the Respondent. In submitting a response to the City of Victoria, the Respondent offers and agrees that if the response is accepted, the Respondent will convey, sell, assign or transfer to the City of Victoria all rights, titles and interest in and to all causes to action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodities or services purchased or acquired by the City of Victoria. At the City of Victoria’s discretion, such assignment shall be made and become effective at the time the City of Victoria tenders final payment to the Respondent.

AUTHORIZED SIGNATURE DATE

PRINTED NAME/TITLE

Please initial by all that apply. I acknowledge receipt of the following addendum.

Addendum #1 __________ Addendum #2 __________ Addendum #3 __________ Addendum # 4 __________

Please Note:

• This page must be completed and returned with your response.

• Responses must be submitted in a sealed envelope, marked with response number.

• Responses received after the above closing date and time will not be accepted.

RESPONSE FORM B – PROPOSAL FORM

PROPOSAL FORM

To: City of Victoria, Texas 702 N. Main St., Suite 132 Victoria, Texas…