ITB CONCESSION STAND 2026.pdf

INVITATION TO BID (ITB-2026-0001)

TO LEASE AND OPERATE THE CONCESSION STAND AT

CITY OF GATESVILLE SPORTS COMPLEX

The objective of this Invitation To Bid (herein ITB) is to award a Food and Beverage Service Contract at the City of Gatesville Sports Complex for one year, with an option to extend the contract for two (2) more one year contracts upon mutual agreement with the selected Concessionaire and the City of

Gatesville.

I. TERMS AND CONDITIONS.

This ITB does not commit the City of Gatesville to award a contract. The City has the right to reject any/or all proposals that are not deemed to be acceptable to the City. If a proposal is selected by the

City, it MAY NOT be inclusive of all services at the Recreation Complex. This will be determined at the selection of a Concessionaire. Proposals must be submitted through the city’s webpage at:

https://www.beaconbid.com/solicitations/city-of-gatesville/open

Verbal communication made by any City employee with respect to this ITB is not binding and shall not be in any way considered as a commitment by the City. Only written responses to questions submitted in writing to the City will be considered binding on the City.

City employees and officials are prohibited from responding to this ITB or being a party, direct or indirect, to any contract resulting from this ITB.

II. BACKGROUND.

The City of Gatesville Sports Complex is home to approximately 404 youth baseball/softball games held on Mondays, Tuesdays, Thursdays, Fridays and Saturdays from April through June; approximately 250 youth soccer games on Mondays, Tuesdays, Thursdays and Fridays from February through March;

approximately 75 youth flag football games held on Mondays and Tuesdays in October through

November, and approximately 65 Adult Softball league games in August through September on Monday and Tuesday nights. Various baseball/softball tournaments are held throughout the year.

III. CONCESSION OPERATION.

The City of Gatesville will require the selected Concessionaire to operate the food and beverage service pursuant to the provisions contained herein:

1. Concessionaire will be responsible for the cleanliness of all food preparation and serving areas and shall maintain the Premises in a clean and sanitary condition at all times. This includes picking up all trash throughout the park grounds and parking areas. All trash must be picked up and placed in garbage receptacles by 8am the following calendar day.

2. Concessionaire will be responsible for obtaining all required state and local permits and passing all required state and local inspections related to food and/or beverage service. Failure to do so https://www.beaconbid.com/solicitations/city-of-gatesville/open and/or citation by State or local health inspection officials will be grounds for City to immediately terminate this Agreement.

3. The Concessionaire shall also supply and maintain, at its own expense, any extra or incidental kitchen appliances, equipment and/or tools necessary to ensure that the food and beverages served are acceptable for the food service operation. All equipment that is provided solely by

Concessionaire shall remain the property of the Concessionaire and may be removed by the same at termination of this Agreement, subject to the terms of said agreement. City shall not be responsible for any loss of or damage to any equipment, supplies, or inventory placed at the

Concession Stand or related facility by Concessionaire; Concessionaire assumes the sole risk and responsibility for any such loss or damage.

4. Concessionaire may remove an item or items of equipment, not the property of the city, at his/her discretion, prior to the termination of the Agreement, so long as the removed item does not hinder efficient and continuous food and beverage operations. Concessionaire shall not remove or damage any item, fixture, or equipment belonging to the City or made a part of the Concession Stand.

5. The City of Gatesville is responsible for the cleanliness of Sports Complex common areas, including all interior and exterior walls of the Concession Stand and the common area restroom facilities.

6. The City will provide for Concessionaire’s use the following City-owned equipment and will be responsible for maintenance and repair thereof: ice machine, fryer, soda fountain machine, 2 commercial fridges, 1 commercial freezer, and 1 electric griddle. Concessionaire agrees and represents that it understands how to and will properly operate said equipment and will immediately notify City of any issues with said equipment and/or the need for maintenance or repair thereto. Failure to timely report issues to the City may result in

Concessionaire being required to bear financial responsibility for maintenance, repair, or replacement of said equipment.

7. All food and beverage items sold and distributed by the Concessionaire shall comply with all applicable state and local laws and regulations regarding food and beverage service and shall be fresh and of good quality. All services provided by the Concessionaire shall be rendered courteously, efficiently and in a business-like and accommodating manner.

8. The City reserves the right to prohibit the sale of any item that it deems objectionable. The sale or distribution of any alcoholic beverage by Concessionaire is strictly prohibited. City will not authorize the sale or distribution of any alcoholic beverage on this City property.

9. Immediately upon execution of this Agreement, the Concessionaire shall prominently post current food and beverage menus and prices on the exterior of the Concession Stand and shall maintain said posting so as to be visible and legible to the public at all times.

10. Concessionaire shall comply with all building, plumbing, electrical and other applicable codes and regulations in the installation and operation of the food and beverage related equipment

11. Concessionaire will provide a sufficient number of employees to ensure prompt customer service and all employees shall comply with and be subject to applicable state and local health codes, rules and regulations.

12. Concessionaire must comply with all federal and state laws and City ordinances and codes applicable to the food and beverage concession including obtaining all required permits, payment of all federal, state and local taxes, fees, licenses and permits.

13. Concessionaire shall ensure that each employee providing services at the Concession Stand has obtained a valid food handlers certificate and display such certificates in the building and in view of the public at all times. A copy of this shall also be provided to the City.

14. Concessionaire shall ensure that it has obtained a Temporary Food Establishment Multiple Event

Permit or any other permit required by State law prior to operation hereunder.

15. Concessionaire shall provide a complimentary sno cone or bubble gum at no cost to anyone bringing a foul ball ticket to the concession stand during all City sponsored tournaments and games.

16. Concession stand will be required to be open for business prior to the start of first games and must remain open until last games have concluded. City will provide Concessionaire with the schedule for games at least two weeks in advance of the first game and will advise of any amendments thereto in a timely fashion.

17. In the event that the concessionaire is unable to open for business, a 72 hour notice must be given to the Parks & Recreation Department director or his/her designee.

IV. QUALIFICATIONS.

To ensure a high-quality level of operation for the facility, proposers must demonstrate minimum experience and qualifications. Applicants must provide evidence of the following:

• Experience in successfully operating and managing a similar type of business.

• Fiscal solvency and capacity to provide adequate portable concession stand.

• Demonstrated track record of being an equal opportunity employer.

• Must not be currently indebted to the federal government, State of Texas, or the City of

Gatesville for non-payment of taxes, fines, judgments, liens, or fees.

V. REQUIRED ELEMENTS OF PROPOSALS.

Respondents may submit any information they deem necessary and appropriate for the City to fully and completely evaluate their qualifications. The proposal must, at a minimum, include the following general information:

• Description of the proposer’s relative experience in operating a concession or other similar business enterprise, including relative size of business operated type of retail sales, etc.

• A proposed annual budget for the operation of the concession stand for the first two years, including monthly fee for use of the City’s concession stand and/or profit sharing with City.

Include a brief narrative that generally describes the anticipated expenses, revenues, and net income for each year.

• A sample menu, including proposed prices, together with a list of merchandise that may be available for sale.

• At least three references that have first-hand knowledge of the proposer’s ability to successfully operate and maintain a high-quality concession. If possible, at least one reference should be a public entity other than the City of Gatesville.

• Acknowledgement of Exhibit “A” concerning additional tournament fees

VI. PROPOSAL SUBMISSION REQUIREMENTS.

Submission Date and Requirements

Proposals must be received by 2:00 p.m. on September 4, 2026. Late proposals will not be accepted. A review of these proposals will be done by the City of Gatesville City Manager and his designee. A letter of acceptance will be provided to the person whose proposal is accepted.

ATTACHMENT

INSURANCE AND INDEMNIFICATION

Insurance.

Without limiting Contractor’s indemnification obligations, Contractor shall procure and maintain, at its sole cost and for the duration of this contract, insurance coverage as provided below, against all claims for injuries against persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, and/or subcontractors. In the event that Contractor subcontracts any portion of the work the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to the following.

Insurance Coverage Required

The policies and amounts of insurance required hereunder shall be as follows:

(a) Public Liability insurance and Product Liability insurance in the amounts of $100,000 per person/$300,000 per incident.

(General Requirements – All of Contractor’s Insurance:

(a) Shall be issued by an insurance company which is an admitted carrier in the State of Texas and maintains a Secure Best’s Rating of “A” or higher; unless otherwise approved by City;

(b) General Liability and Employer’s Liability shall name the City, and its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter “City and City Personnel”) as additional insured’s and contain no special limitations on the scope of protection afforded to City and

City personnel. All insurance provided hereunder shall include the appropriate endorsements;

(c) Shall be primary insurance and any insurance or self-insurance maintained by City or City

Personnel shall be in excess of Contractor’s insurance and shall not contribute with it;

(d) Shall be “occurrence” rather than “claims made” insurance;

(e) Shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability;

(f) Shall be endorsed to state that the insurer shall waive all rights of subrogation against City and City personnel;

(g) Shall be written by good and solvent insurer(s) admitted to do business in the State of Texas and approved in writing by City; and

(h) Shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided

Deductibles Any deductibles or self-insured retentions must be declared to and approved by City prior to the execution of this Agreement by City.

Evidence of Coverage Contractor shall furnish City with certificates of insurance demonstrating the coverage required prior to any commencement of work to be completed.

Certificates shall be mailed to: City of Gatesville Finance Department, 803 Main Street, Gatesville, TX

76528.

Workers’ Compensation Insurance

In the event Contractor has no employees requiring Contractor to provide Workers’ Compensation

Insurance, Contractor shall so certify to City in writing prior to work commencement. City and City personnel shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to with this section or with the provisions of law relating to Workers’ Compensation.

Indemnification

Contractor shall indemnify, defend, and hold City and City Personnel harmless from and against any and all actions, suits, claims, demands, judgments, attorney’s fees, costs, damages to persons or property, losses, penalties, obligations, expenses or liabilities (herein “claims” or “liabilities”) that may be asserted or claimed by any person or entity arising out of the willful or negligent acts, errors or omissions of

Contractor, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and/or City Personnel, but excluding such claims or liabilities arising from the sole active negligence or willful misconduct of City or City Personnel. In connection therewith:

Contractor shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorney’s fees incurred in connection therewith.

Contractor shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities.

In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such damages or other claims arising out of or in connection with the negligent performance or a failure to perform the work or activities of Contractor, Contractor shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorney’s fees and expert witness fees.