Management_of_Lincoln_Regional_Park_Concession_Stands_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

260180

MANAGEMENT OF LINCOLN REGIONAL PARK CONCESSION

STANDS

Due Date: Friday, April 10, 2026

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/236319

PUBLISH DATE: March 18, 2026 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 260180

BUSINESS SERVICES DEPARTMENT Page 2 of 41 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4118

Attachments:

A - Offer and Acceptance

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 260180

TITLE: Management of Lincoln Regional Park Concession Stands

SUBMITTAL DUE DATE: Friday, April 10, 2026 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL MEETING DATE: Thursday, April 2, 2026

TIME: 1:30 pm LOCAL AZ TIME

LOCATION: Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/24769017467699?p=tJyus6mt0NMfnpVrFH Meeting ID: 247 690 174 676 99 Passcode: 6YV7vE2q Dial in by phone +1 213-293-2303,,860279957# United States, Los Angeles Phone conference ID: 860 279 957#

QUESTIONS SHALL BE DIRECTED TO: Sandra Alcorn

(520) 837-4118 sandra.alcorn@tucsonaz.gov

Posted Date: Wednesday, March 18, 2026

Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered.

Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

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B. INTRODUCTION

B.1. Summary

The City of Tucson (hereinafter “City”) seeks proposals from experienced and qualified individuals or firms to provide for the management and operations of Lincoln Regional Park Concession Stands. The successful Contractor will provide staff and snack bar / concession services for City of Tucson Parks and Recreation Department at Lincoln Regional Park located at 4325 S. Pantano Rd.

It is the City's intent that the services be managed and operated to meet the following goals:

(a) Operate snack bar / concession services where the public can purchase products provided in a clean, safe and healthy environment.

(b) Provide the City with a revenue stream to help offset its program costs.

(c) Provide revenue share for organizations hosting tournaments at Lincoln Park as a fund raising activity.

(d) Provide affordable opportunities that are competitively priced within the local market.

(e) Place a priority on effective management and quality customer service.

B.2. Background

Lincoln Regional Park is Tucson's destination softball complex for elite level tournaments with events happening year round. The park is also host to numerous youth and adult league games and practices.

Many softball tournaments are fund raisers for organizations and concessions is a critical part of their fund raising model. A concessionaire that understand the value of providing quality services and fair prices helps to augment and support the customer's experience.

B.3. Contact Information

Sandra Alcorn Principal Contract Officer Email: sandra.alcorn@tucsonaz.gov Phone: (520) 837-4118 Department:

Parks and Recreation

B.4. Timeline mailto:sandra.alcorn@tucsonaz.gov tel:(520)837-4118

BUSINESS SERVICES DEPARTMENT Page 5 of 41

Issue Date March 18, 2026

Pre-Submittal Meeting (Non- Mandatory)

April 2, 2026, 1:30pm

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/2476901 7467699?p=tJyus6mt0NMfnpVrFH

Meeting ID: 247 690 174 676 99 Passcode: 6YV7vE2q

Dial in by phone +1 213-293-2303,,860279957# United States, Los Angeles Phone conference ID: 860 279 957#

Question Submission Deadline April 3, 2026, 4:00pm

Submittal Due Date April 10, 2026, 2:00pm https://teams.microsoft.com/meet/24769017467699?p=tJyus6mt0NMfnpVrFH https://teams.microsoft.com/meet/24769017467699?p=tJyus6mt0NMfnpVrFH

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C. SCOPE OF WORK

C.1. Background

The City owns and operates, for the use of its citizens and the general public, the facility as described below. The property provides for a variety of uses for recreational activities. There are 2 concession complexes with 5-6 picnic tables at each complex. A brief description is as follows:

Lincoln Park Softball Complex:

• Comprised of 8 total softball fields:

• There are 2, four-field, lighted softball complexes, each having a concession stand.

• Hours and days may vary, but general operational use is as follows:

SITE: Lincoln Park Softball Complex

• North Complex: 8116 E. Escalante Road

• South Complex: 4325 S. Pantano Road PROGRAM: Adult and Youth Softball MONTHS: Year Round DAYS and TIMES: tbd

NOTE: Any new concession stands added to Lincoln Regional Park DURING the term of the subsequent contract will be added to this contract.

C.2. Programs

Lincoln Park features two four-field complexes—North and South. Both complexes are used for routine youth and adult softball practices and games, as well as various weekend tournaments. The park also hosts annual collegiate fastpitch spring training games each March.

The South Complex (Fields 1–4) is primarily used by youth softball leagues, including USA Softball club teams, Sahuaro Fastpitch, and others. Weeknight reservations typically run Monday through Friday from 5:00 to 10:00 p.m., with an average attendance of approximately 150 participants per night. Weekend tournaments draw an average of 500 people per complex.

The North Complex (Fields 5–8) is primarily used by adult softball leagues, including programs affiliated with the City of Tucson Parks and Recreation Department, Raytheon, Pantano Christian Church, and others. Weeknight reservations are generally held Monday through Thursday from 6:00 to 10:00 p.m., with an average attendance of approximately 150 participants per night. Weekend tournaments also average about 500 people per complex.

C.3. Responsibility of the Contractor

A. Provide adequate staff and manage all operations for a soft drink and food snack bar / concession operation.

B. Submit a proposed concession menu and pricing list.

C. Provide policing and cleaning of snack bar / concession areas and removal of all trash-to-trash containers at the facility each time a snack bar is used.

D. Remit all required financial statements and payment to the City on a quarterly basis. A late fee of $100 per week will be assessed until the revenue sharing payment is received from the concessionaire.

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1. Required financial statements include:

i. Gross Sales by snack bar

ii. Gross Sales for each tournament serviced

E. Keep books and account of snack bar / concession business operation in a method and form as approved by City, said books and accounts must be open for inspection and audit by City or its authorized agents.

F. Obtain, maintain and post a current Health Permit from Pima County Health Department. Vendor is responsible for payment of Health Permit as required for operation by the Pima County Health Department.

G. Provide all concession equipment to operate the facility per Pima County Health standards and provide snack bar / concession services, as approved by the Parks and Recreation Director or designee.

H. Furnish at its own expense all furniture, fixtures and equipment needed for the operation of the snack bar / concession facility.

a. Personal Property: Contractor shall maintain all personal property belonging to Contractor in good condition during the term of this Agreement. Any personal property belonging to the City shall not be removed from the Snack Bar by Contractor and shall be surrendered at the end of the term in good condition. Contractor agrees to remove all equipment and personal property belonging to the Contractor at the end of the term without causing damage to the Snack Bar. Any damage to the Snack Bar resulting from the removal of Contractor’s personal property/equipment shall be the responsibility of the Contractor to fix at the Contactors expense.

b. Sanitary Condition: Contractor shall maintain the interior and exterior of the Snack Bar in a safe, clean, and sanitary condition, and during the term of the contract. Contractor shall leave the Snack Bar in as good a condition as when received.

c. The Contractor will be responsible for trash inside the concession building and only under the canopy (overhang) at each complex.

I. Use the premises throughout the term of the lease for the above-specified purposes and to diligently conduct the business thereon to produce the best customer service that can be reasonably expected to the citizens of Tucson.

a. The Contractor shall observe the park opening and closing hours, Concession operations can be closed and staff depart up to one (1) hour after park closes.

b. Contractor shall not park vehicles/trailers inside the Complex. Only loading and unloading is permitted. Failure to comply with park rules may result in the termination of this Contract.

J. The Contractor shall not permit signs or advertisements to be displayed outside snack bar / concession building without first obtaining in writing approval of Parks and Recreation Director or designee.

K. The Contractor shall not make changes in, or alterations, or additions to, or remove any portion, of the building, facility, etc. belonging to the city without first obtaining in writing approval of the Parks and Recreation Director or designee.

L. The Contractor will be responsible for any damages whatsoever to city property as applicable when such property is the responsibility or in the custody of the Contractor or his employees.

M. The Contractor may not subcontract work for this contract without the express written permission of the city. If the Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under this agreement shall comply with its provisions and it is expressly understood that all persons employed by the

BUSINESS SERVICES DEPARTMENT Page 8 of 41 contractor, either directly or indirectly, shall be considered employees of the contractor and not the employees of the City of Tucson.

N. It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract.

C.4. Safety Requirements

PROHIBITED EQUIPMENT

A. Deep Fat Fryers - By Tucson Fire Code - Grease producing equipment (utilized indoors) requires a

Commercial Stove Hood with integrated fire protection equipment.

B. Temporary Electric - The use of extension cords to power fixed equipment (appliances, freezers, refrigerators, coolers, cash registers etc) is prohibited.

DIRECTION

A. Propane cylinders - Unless physically separated from any source of ignition, only two tanks may be stored on site. One on the BBQ unit, one spare.

B. CO2 Cylinders and all other cylinders - Must be chained or nested (in a crate, box or similar) against fall, regardless of protective device around the gauge or valve.

C. Temporary Electric - The use of extension cords to power temporary equipment other than fixed equipment (see prohibited equipment section) is limited to ninety (90) days. Extension cords shall not cause a trip hazard.

D. Local maintenance facilities - In order to assure that any ensuing contracts will provide the necessary maintenance support required for the equipment provided by the contractor, the contractor must have local maintenance facilities or have specific agreements in force with a third party to provide local maintenance. Each maintenance facility must be staffed by trained technicians and have a sufficient parts inventory in order to provide quality service on the equipment specified.

The Offeror shall certify that the equipment being offered is designed and includes operating features that comply with the safety standard promulgated under the Federal Occupational Safety and Health Act (OSHA).

If the equipment being offered is governed by OSHA regulations the Contractor is required to submit a certificate stating that such equipment complies with applicable OSHA standards.

During the term of this Contract, should there be modifications in federal and/or state laws and regulations regarding safety standards or other specifications and marketing procedures for the contracted item(s), the City reserves the right to amend the Contract to provide for the delivery of items which conform to such changes.

As a result, the City will negotiate any necessary price changes with the Contractor. Should negotiations fail the City may cancel the Contract for the affected items.

E. Wet Appliances (Freezers, Refrigerators, Coolers, Ice Machines) - Where the cord enters the housing of the appliance, the cord shall be protected from the metal edge of the appliance by rubber or plastic grommet, or similar.

F. Portable grills must be used outside overhang area of concession buildings.

STORAGE

A. In a building with fire sprinkler protection, storage shall not encroach within 18" of a sprinkler head.

B. In buildings with no fire sprinklers, storage on an interior (free standing) shelf may not be within 24" of the ceiling.

C. Storage on units affixed to interior and exterior walls may be from floor to ceiling.

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D. Use of mobile storage units and/or buildings will not be allowed.

INSPECTION

Department, and authorized City staff, shall have the right, at all reasonable times, but no less than once per season, to inspect the Concession Facilities and to require the Contractor to correct any unsatisfactory conditions relative to the operation and maintenance in conformance with the provisions stated above. Written notice of any defects in Contractor’s performance of its obligations may be provided by City and a reasonable time to correct such defects may be given.

C.5. Responsibilities of the City

A. The City will maintain City owned snack bar / concession buildings, which includes building walls and roof, landscaping, plumbing, and electrical.

1. City will furnish and maintain the ice machine located in the North and South snack bar.

2. Ice from this ice machine may not be sold or removed from the premises.

B. The City will pay electrical and water utilities for City owned concession buildings. Concession buildings provide evaporative cooling (no heating), hot water and utilities.

C. Trash pick-up for these complexes is serviced once daily - 7 days per week (before 2pm). During tournament play, staff will check in periodically throughout the day.

1. City will provide a monthly schedule of field events, usage and reservations.

2. The City may cancel any scheduled field event due to unsafe field conditions 24 hours in advance of the event. In this instance, the City will make every effort to notify the Contractor as far in advance as possible.

3. City will not be responsible for lost contractor fees paid, concession’s revenue or the cost of lost inventory the Contractor may incur as a result of the cancellations.

4. City Security: Unless there's a special event that dictates extraordinary security, security is not included in this contract. If the Contractor deems that security is required, it will be at the Contractor’s expense to provide it. Tournament directors are responsible for policing the area as part of their permit for field rental.

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D. INSTRUCTIONS TO OFFERORS

D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

For purposes of this solicitation and any subsequent contract, the following terms have the meanings set forth below:

City:The City of Tucson, Arizona

Contract:The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this solicitation and any Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant:A Successful Offeror that enters into a Contract with the City.

Contract Representative:The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

Business Services Director:The contracting authority for the City, authorized to sign contracts and addenda thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

May not:The indicated party is prohibited from taking the action.

Must: The action or condition is required.

Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits an Offer in response to this solicitation.

Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from the City.

Will:The indicated party is promising to take the action or abide by the condition.

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract

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Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or response through the question and answer portal in the online bidding system. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer, posted through the online bidding system, or posted as a formal solicitation addendum will be binding.

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://procurement.opengov.com/portal/tucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

D.6. PREPARATION OF OFFER

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

https://procurement.opengov.com/portal/tucson-az

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H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

J. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

D.7. PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt from any other taxes, including state and local sales and excise taxes.

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.10. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

D.11. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its Offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

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If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the documents, the City may release the documents without any liability to Offeror.

D.12. WHEN AND HOW TO SUBMIT OFFERS

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system:

https://procurement.opengov.com/portal/tucson-az

NOTE: THE ENTIRE OFFER MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE

BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED

IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE OFFER SUBMITTAL

DEADLINE WILL NOT BE CONSIDERED.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502

The City may disqualify Offeror from further participation in the solicitation process if the City determines that any City employee or official involved in this Solicitation process has an actual or apparent conflict of interest or if Offeror has engaged in any collusion or anti-competitive practices.

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D.14. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 90 days after the Offer Submittal Deadline.

D.15. DISCUSSIONS

The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

D.16. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at https://procurement.opengov.com/portal/tucson-az

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. For questions contact the City's Business License Section at

(520) 791-4566 or email at license@tucsonaz.gov mailto:license@tucsonaz.gov

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E. OFFER EVALUATION AND CONTRACT AWARD

E.1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)

A. Qualifications & Experience

B. Method of Approach

C. Proposed Financial Commitment to City (rent, percentage of sales or combination) / Pro Forma

D. Revenue Sharing Proposal for Events

E.2. INTERVIEWS

The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process. The City will not reimburse the Offeror for any costs Offeror incurs during its participation in the interview process.

E.3. ADDITIONAL INVESTIGATIONS

The City may undertake any additional investigations it deems appropriate to evaluate the competence and financial stability of any offeror.

E.4. OTHER INFORMATION

Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s Offer may be taken into consideration during the evaluation process.

E.5. PRICE

A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating the pricing component of each Offer.

B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s pricing.

However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods

E.6. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT OFFERS

Notwithstanding any other provision of this solicitation, the City may:

A. Waive any immaterial defect or informality; or

B. Reject any or all submittals, or portions thereof; or

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C. Reissue the solicitation.

E.7. CONTRACT NEGOTIATIONS

At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

E.8. AWARD OF CONTRACT

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within ten (10) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

E.9. MULTIPLE AWARDS

The City, at its sole discretion, may award multiple Contracts.

E.10. SUBMITTAL RESULTS

After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at https://procurement.opengov.com/portalucson-az/contracts

E.11. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

https://procurement.opengov.com/portalucson-az/contracts https://procurement.opengov.com/portalucson-az/contracts

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D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and

E. The form of relief requested.

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F. EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

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1. Qualifications and Experience

• Offeror must be an established individual or business in the primary business of operating a concession or restaurant (multiple or individual). Experience must be within the last 5 years. These conditions may be met if one or more of an Offeror’s principals, partners or corporate officers have the equivalent experience while in a senior management position with another firm. Submit a history, description, and resumes of your firm.

• Offeror must demonstrate experience in each of the following concession/restaurant related fields:

A. Marketing and promotion of facilities, both outside or within a building.

B. Customer service including Internet-based credit card processing.

C. Full service food and beverage operations.

D. Variety of menu to include youth and seniors.

E. Environmentally-friendly clean up and waste disposal practices.

F. Financial reporting.

If Offeror has experience in other concession/restaurant related fields, Offeror may submit information on that as well.

• Offeror must be able to be able to provide a current Class A Professional Food and Service Manager’s license both from Pima County and the State of Arizona.

• Offeror must be able to provide a current membership to; National Automatic Merchandising Association or other professional organizations related to the delivery of prepared food. Provide proof of current membership status in good standing.

N/A N/A

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• Offeror must have a competent record of employment or history of contract service in the management of similar concession/restaurant operations. Submit five professional references, for services provided within the last 3 years. References must be able to describe such matters as the Offeror’s operational capability. Include the name of the reference entity, a description of the nature of the listed reference’s experience with the Offeror and the name, title, address, and telephone number of a contact person at the reference entity. Offerors may submit additional letters and other necessary evidence from all employers (public or private) that demonstrates this.

• Submit a list of all concession or food service the Offeror currently manages or owns. Please provide detailed information, e.g., name, type, location, dates served, and the nature of services provided. Also, include by facility, a contact name, position, address, email address, and telephone number.

• Identify all contracts that Offeror has failed to complete [under present or previous name(s)]. Provide details, including the date, contracting agency and reason for failure to fulfill the contract.

• Identify all operations that Offeror has had health or safety violations [under present or previous name(s)]. Provide details, including the date, inspection agency, contact name and number and reason for violation.

In those cases provide when the next inspection was performed and when the error was certified as corrected.

• Identify all accounts lost or not renewed within the term of the contract for any reason within the most recent 2 years. Please provide detailed information i.e., BUSINESS SERVICES DEPARTMENT Page 21 of 41 client name, contact, position, address, and telephone number.

• Submit any additional information that is applicable to demonstrate Offeror’s qualifications and experience.

• Submit experience and/or capability to provide capital equipment to the concession stands either rented or owned.

• Submit demonstration of current financial capacity. Offeror’s response may include, but may not be limited to:

o A current, audited financial statement for the most recent three fiscal years of the Offeror, including balance sheet, income statement and statement of cash flow.

o Any other information that is applicable and demonstrates Offeror’s financial capacity.

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2. Method of Approach

• Demonstrate and describe your firm’s basic understanding of the Scope of Work and project requirements.

• State your firm’s proposed standard menu and prices offered to the customer. Provision of a variety healthy/nutritious food and snacks/beverages are encouraged to be included in the menu offering.

• Neither facility has existing equipment owned by the City.

Offerors must submit their recommendations on equipment and how it should be used. This will include prep tables etc.

• Describe the Point of Sale system proposed to be used or if you do not have one, how does the daily reporting of revenues happen?

• State how the Offeror will work with the City of Tucson’s Parks and Recreation Department to ensure the Concession operation will enhance and serve the needs of the players, guests and visitors to the facility. Provide examples of on and off site marketing concepts to encourage and excite visitors to Lincoln Park.

• Provide a copy of the Contractor’s new employee orientation or Employment Manual, including certifications Contractor Employees must sign prior to employment. Provide a picture and description of the properly dressed Contractor employee providing services for this contract.

• Provide sample copies of the following financial statements:

o Gross Sales by snack bar o Gross Sales for each tournament serviced

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3. Proposed Financial Commitment to City

(rent, percentage of sales or combination) / Pro Forma

• The proposals will be reviewed to determine the best financial result for Parks and Recreation and the City of Tucson to result in positive revenues and an enhanced experience for visitors and participants to the facility.

• Proposal can be a flat rent, a percentage of sales or a combination.

• Describe how revenues are tracked, provide a sample of a monthly revenues report and state timeframe to close out the month and submit payment.

Pro Forma

Include a Pro Forma covering your anticipated operations over the first three years. Include, at a minimum: projected revenue, operating expenses, fixed expenses. Project this information for each year.

N/A N/A

4. Revenue Sharing Proposal for Events

• The proposals will be reviewed to determine the best financial support for events at Lincoln Park.

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G. SPECIAL TERMS AND CONDITIONS

G.1. CONFLICTS OF INTEREST

An Offeror responding to this solicitation acknowledges that, to the best of its knowledge, information and belief, no person has been employed or retained to solicit or secure a Contract that may be awarded pursuant to this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the City of Tucson Mayor and Council or any employee of the City has any financial interest in Offeror’s firm. In addition, all communications regarding this solicitation shall be directed to the Business Services Department. Interested Offerors shall refrain from engaging in any communication (written or verbal) regarding this solicitation or the matters involving this solicitation or TCC operations with any other City staff, Mayor & Council or staff of Mayor & Council.

The City reserves the right to disqualify an Offeror from further participation in the solicitation process in the event the City determines that Offeror has an actual or apparent conflict of interest with the purposes of this solicitation, or has violated this Conflict of Interest.

Upon a finding by the City that gratuities in the form of entertainment, gifts or inducements were offered or given by Offeror, or any agent or representative of Offeror, to any officer or employee of the City, including the Mayor and Council and their staff, for the purpose of securing a Contract that may be awarded pursuant to this solicitation, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of a Contract that may be awarded under this solicitation, the City, may, by one (1) calendar day provide written notice to Offeror, terminate the right of Offeror to proceed under this solicitation; provided that the existence of the facts upon which the City made such finding shall be an issue and may be litigated in an Arizona court of competent jurisdiction.

G.2. LIVING WAGE REQUIREMENTS

Contractor will comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor will, upon request, affirm in writing that Contractor is in compliance and will provide City with information and documentation demonstrating that compliance.

The City’s Living Wage ordinance can be found at the following link:

https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-21930 The Living Wage rates for the current calendar year can be found at the following link: https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living- Wage

G.3. REVENUE ADJUSTMENT

The City will review fully documented requests for revenue adjustment after any Contract has been in effect for one (1) year. Any revenue adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the requested adjustment or an alternate option, is in the best interest of the City. Any adjustment will be effective upon the effective date of the Contract extension.

https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-21930 https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living-Wage https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement/Living-Wage

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G.4. TERM AND RENEWAL

The term of the Contract will commence when awarded to Contractor and remain in effect for a period of three (3) year, unless terminated, canceled or extended as otherwise provided herein. The City may, at its sole option, extend the Contract's term for up to two (2) additional one-year periods or portions thereof.

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H. INSURANCE REQUIREMENTS

H.1. REQUIRED INSURANCE POLICIES

Contractor will obtain and maintain during the entire term of this Contract and for 2 years after the Contract term ends, the following insurance coverage from insurers that have an “A.M. Best” rating of not less than A-VII:

H.2. COMMERCIAL GENERAL LIABILITY

Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits no lower than:

A. Each Occurrence: $1,000,000

B. General Aggregate: $2,000,000

C. Products & Completed Operations Aggregate: $2,000,000

D. Personal and Advertising Injury: $1,000,000

E. Blanket Contractual Liability: $1,000,000

H.3. COMMERCIAL AUTOMOBILE LIABILITY

Policy must include bodily injury and property damage, for any owned, hired, and/or non-owned vehicles used in performance of work under this Contract, with a Combined Single Limit no lower than $1,000,000.

H.4. WORKER'S COMPENSATION

Policy must have coverage limits no lower than:

A. Per Occurrence: Statutory

B. Employer's Liability: $1,000,000

C. Disease Each Employee: $1,000,000

D. Disease Policy Limit: $1,000,000

E. [If Contractor is a Sole Proprietor, include this waiver provision under A.R.S. § 23-961(M). To determine whether the Contractor is a Sole Proprietor, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.] I am a sole proprietor, and I am doing business as [name of sole proprietor business]. I am performing work as an independent contractor for the City of Tucson. I am not the employee of the City of Tucson for workers' compensation purposes, and, therefore, I am not entitled to workers' compensation benefits from the City. I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them.

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H.5. POLICY CHANGE NOTICE

Contractor will give the City 30 days advance written notice before any of the above policies are changed in any manner that is inconsistent with the requirements of this Contract. The notice must be sent directly to the Procurement Division of the Business Services Department.

H.6. ADDITIONAL INSURED

The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. The City must be covered to the full policy limits, even if those limits of liability are in excess of those required by this Contract. The coverage must be primary and any insurance carried by City is excess and not contributing.

H.7. CLAIMS-MADE COVERAGE

If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

H.8. ADDITIONAL REQUIREMENTS

Each insurance policy required by this Contract, excluding Professional Liability (Errors & Omissions), must include or be endorsed to include to provide the following:

A. A waiver of subrogation endorsement in favor of the City, for losses arising from work performed by or on behalf of the Contractor (Including Worker’s Compensation).

B. The policy is primary and any insurance carried by the City is excess and not contributing.

C. The coverage provided by the policy is not limited to the liability assumed under the indemnification provisions of this Contract.

D. The insurer will provide written notice to the City at least ten (10) calendar days before the policy is terminated or cancelled or the coverage is reduced.

H.9. PUBLIC ENTITIES

If Contractor or any sub-contractor is a public entity that self-insures as permitted by law, then the insurance requirements in this Section 8 will not apply to that entity and that entity must instead provide a Certificate of Self- Insurance.

H.10. SUBCONTRACTORS

Contractors’ insurance certificate(s) must include all subcontractors as insureds under its policies or Contractor must give the City separate certificates and endorsements for each subcontractor showing that each subcontractor has the insurance coverage described above.

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H.11. SUFFICIENCY OF COVERAGE

The City in no way warrants that the required minimum insurer rating in this Contract is sufficient to protect the Contractor from potential insurer insolvency, nor that the required liability limits are sufficient to protect Contractor.

H.12. VERIFICATION OF COVERAGE

A. Contractor will give the City certificates of insurance (ACORD form or equivalent approved by the City), signed by an authorized representative of the insurer, showing that the Contractor has all the insurance required by this Contract.

B. Contractor must deliver the certificates directly to the Procurement Division of the City’s Business Services Department before the Contractor commences work under this Contract.

C. The certificates must contain the City project/contract number and project description.

D. The City reserves the right to require complete copies of all insurance policies required by this Contract at any time.

H.13. FIDELITY BOND

Per Occurrence: $100,000.00

Coverage to include but not limited to:

a. Employee dishonesty (coverage for theft and mysterious disappearance and inventory shortage)

b. Computer Fraud

c. Funds transferred (if applicable)

d. Forgery or Alteration

The policy shall not contact a condition requiring a conviction or arrest in order to file a claim.

H.14. FIDELITY INSURANCE

Contractor shall maintain during the term of this Agreement Fidelity Insurance covering all personnel under this Agreement in the amount of one hundred thousand dollars ($100,000) for each loss, to reimburse the City for losses experienced due to the dishonest acts of employees and its independent contractors.

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I. STANDARD TERMS AND CONDITIONS

I.1. ADVERTISING

Contractor will not advertise or publish information concerning this Contract without prior written consent of the…