RFP 25_PR01 Concession Ops for BMP.pdf

REQUEST FOR PROPOSALS

(THIS IS NOT AN ORDER)

RFP Number:

25-PR01

RFP Title:

Concession Operations for Bell Memorial Park

Due Date and Time: August 26, 2025, by 2:00 pm EST

*Link for virtual announcement of proposals received in response to this RFP will be posted as a “Communication” under this solicitation listing on the City’s procurement portal, BidNet Direct

Number of Pages: 42

ISSUING DEPARTMENT INFORMATION

Issue Date: July 31, 2025 City of Milton Parks & Recreation Department 2006 Heritage Walk Milton, GA 30004

Phone: 678-242-2500

Website: www.miltonga.gov

INSTRUCTIONS TO OFFERORS

Electronic Submittal: **Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.miltonga.gov/finance/bids-rfps

If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group.

Mark Envelope/Package:

RFP Number: 25-PR01 Name of Company or Firm Special Instructions:

Deadline for Written Questions

August 11, 2025, by 5:00 PM EST

Submit questions online via the BidNet Direct procurement portal at www.miltonga.gov/finance/bids-rfps

IMPORTANT: SEE STANDARD TERMS AND CONDITIONS

OFFERORS MUST COMPLETE THE FOLLOWING

Offeror Name/Address: Authorized Offeror Signatory:

(Please print name and sign in ink)

Offeror Phone Number: Offeror FAX Number:

Offeror Federal I.D. Number: Offeror E-mail Address:

OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE

http://www.miltonga.gov/ http://www.miltonga.gov/finance/bids-rfps

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TABLE OF CONTENTS

Offeror’s RFP Checklist

Disclosure Form

Proposal Letter

Contractor Affidavit and Agreement (E-Verify)

Schedule of Events

Section 1: Project Overview and Instructions

Section 2: RFP Standard Information

Section 3: Scope of Services

Section 4: Offeror Qualifications

Section 5: Cost Proposal

Section 6: Evaluation Criteria

Section 7: Standard Contract Information

Sample Standard Contract

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OFFEROR’S RFP CHECKLIST

The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton

1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.).

2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have.

3. Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP.

4. Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.miltonga.gov/finance/bids-rfps will include all questions asked and answered concerning the

RFP.

5. Follow the format required in the RFP when preparing your response. Provide point-by-point responses to all sections in a clear and concise manner.

6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response.

7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.

8. Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.miltonga.gov/finance/bids-rfps to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response.

9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response.

10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted.

This checklist is provided for assistance only and should not be submitted with Offeror’s response.

http://www.miltonga.gov/finance/bids-rfps%20to

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CITY OF MILTON DISCLOSURE FORM

MUST BE RETURNED WITH PROPOSAL

This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees.

Please complete this form and return it as part of your RFP package when it is submitted.

Name of Offeror

Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.)

List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official.

Amount/Value Description

Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation:

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RFP# 25-PR01

PROPOSAL LETTER

We propose to furnish and deliver all the deliverables and services named in the Request for Proposals (25-PR01), Concession Operations for Bell Memorial Park.

It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications.

By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City.

PROPOSAL SIGNATURE AND CERTIFICATION

I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect.

Authorized Signature Date

Print/Type Name

Print/Type Company Name Here

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CONTRACTOR AFFIDAVIT AND AGREEMENT

STATE OF GEORGIA

CITY OF MILTON

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b).

Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

E-Verify Number

Date of Authorization

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , , 20 in (city), (state).

Name of Contractor Signature of Authorized Officer or Agent

Concession Operations for Bell Memorial Park Name of Project

City of Milton, Georgia Name of Public Employer

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON

THIS THE DAY OF ,20 .

NOTARY PUBLIC

[NOTARY SEAL]

My Commission Expires:

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SCHEDULE OF EVENTS

Task Date

Issue RFP July 31, 2025

Site Visit (recommended, but not mandatory) n/a

Deadline for Questions August 11, 2025, by 5:00 p.m. EST

Answers Posted by the City (Addendum)

On or about, August 13, 2025

Proposals Due By 2:00 p.m. EST on August 26, 2025

Award Contract September 15, 2025 (proposed)

NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.miltonga.gov/finance/bids-rfps ) FOR ADDENDA AND SCHEDULE UPDATES.

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SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS

1.0 BACKGROUND AND STATEMENT OF INTENT

Milton, Georgia is a growing community located north of Atlanta with a population of approximately 42,000.

The Parks and Recreation Department has a concession stand at Bell Memorial Park (BMP) that has been successfully operated by a contracted vendor. The City desires to continue with a private-public partnership for these services. The initial contract term will be for one year with expiration on September 30, 2026 and have the option of four (4) automatic annual renewals terminating on September 30, 2030. The primary focus of this RFP is to hire a firm for continued concession stand operations for the City of Milton Parks and Recreation Department at Bell Memorial Park which is located at 15245 Bell Park Drive, Milton, GA 30004.

All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein.

1.1 SINGLE POINT OF CONTACT

From the date this Request for Proposals (RFP) is issued until a Contractor is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is:

Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@miltonga.gov

1.2 REQUIRED REVIEW

A. Review RFP.

Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP.

B. Form of Questions.

Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link on BidNet Direct, the procurement portal on the City’s website, on or before 5 PM (EST) on August 11, 2025.

Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered.

mailto:honor.motes@miltonga.gov

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C. City’s Answers.

The City will provide an official written answer to all questions on or about August 13, 2025. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.miltonga.gov/finance/bids-rfps .Offerors must sign and return any addendum with their RFP response.

D. Standard Contract.

By submitting a response to this RFP, Offeror agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of State law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP.

E. Mandatory Requirements.

To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non- responsive.

1.3 NON-DISCRIMINATION

All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex, or national origin.

1.4 SUBMITTING PROPOSALS

Proposals shall be submitted in two (2) separate files, one containing the technical proposal and the other containing the cost proposal. The City will score all technical proposals before evaluating the costs.

Offerors must organize their proposal into sections that follow the following format. This RFP is for one proposal that includes all intersection projects.

A. Submittal Requirements.

Proposals shall include the following:

1. City of Milton request for proposal cover page (information entered and signed: first page of this document)

2. City of Milton Disclosure form (signed) http://www.miltonga.gov/finance/bids-rfps

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3. City of Milton Proposal letter (information entered)

4. Contractor Affidavit and Agreement (eVerify)

5. Technical Proposal:

a. No more than six (6) pages

1. Cover page(s), table of contents, tabs, resumes of team members, and required forms do not count toward the page limit

b. Print-friendly, preferred font size 11-point

Each Technical Proposal Shall Contain (more information on each of these is below):

a. Project Team – include project staffing, qualifications of the project team, and what set the team apart.

b. Work Processes – describe job scheduling, work challenges, customer service and communication, and any innovative approaches or techniques.

c. Related Projects and References – describe at least 3 similar projects with references including email addresses for references

d. Pricing (See Section 5.0)

6. Applicable Addenda Acknowledgement Forms (if necessary)

Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0.

B. Failure to Comply with Instructions.

Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information.

C. Electronic Submittal Required and Deadline for Receipt of Proposals.

Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.miltonga.gov/finance/bids-rfps by 2:00 PM on August 26, 2025. Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. *Link for virtual announcement of proposals received in response to this RFP will be posted as a “Communication” under this solicitation listing on the City’s procurement portal, BidNet Direct.

D. Late Proposals.

Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure proposals are submitted via the BidNet Direct procurement portal by the designated time. Late proposals will not be accepted.

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1.5 OFFEROR'S CERTIFICATION

A. By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP.

B. Offer in Effect for 120 Days.

A proposal may not be modified, withdrawn or canceled by the offeror for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal.

The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within 120 days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal.

1.6 COST OF PREPARING PROPOSALS

A. City Not Responsible for Preparation Costs.

The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals.

B. All Timely Submitted Materials Become City Property.

All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process.

SECTION 2: RFP STANDARD INFORMATION

2.0 AUTHORITY

This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used.

2.1 OFFEROR COMPETITION

The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies.

2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION

A. Public Information.

All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, 12 | RFP 25-PR01 separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections.

B. Procurement Officer Review of Proposals.

Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met:

1. Confidential information is clearly marked and separated from the rest of the submittal.

2. An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes, Procurement Manager, for additional information.

Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party.

2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS

A. Initial Classification of Proposals as Responsive or Nonresponsive.

Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further.

B. Determination of Responsibility.

The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive.

C. Evaluation of Proposals.

The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation to determine the highest scoring

Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City.

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D. Completeness of Proposals.

Selection and award will be based on the Offeror’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration.

E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration.

After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror’s expense.

F. Best and Final Offer The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more offerors if additional information is required to make a final decision.

Offerors may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone.

G. Evaluation Committee Recommendation for Contract Award.

The evaluation committee will provide a written recommendation for contract award.

H. Request for Documents Notice.

Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place.

I. Contract Negotiation.

The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror.

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J. Contract Award.

Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation.

2.4 RIGHTS RESERVED

While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

1. Modify, cancel, or terminate this RFP,

2. Reject any or all proposals received in response to this RFP,

3. Select an Offeror without holding interviews,

4. Waive any undesirable, inconsequential, or inconsistent provisions of this

RFP which would not have significant impact on any submittal,

5. To request further documentation or information, and to discuss an RFP submittal for any purpose to answer questions or to provide clarification,

6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution;

or

7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available.

SECTION 3: SCOPE OF SERVICES – MANDATORY REQUIREMENTS

3.0 GENERAL

The selected Offeror will furnish, as a minimum, the following services:

• Concession stand operations will consist of the stand at BMP as activities are scheduled in accordance with Exhibit A – Projected Schedule of Activities.

• Concession operations also will include any special events (Tournaments, etc.). A schedule of events will be provided to the selected operator once available.

• The City reserves the right to monitor and require adjustment of all concession prices, so as not to overcharge patrons. The Contractor will submit a list of items and prices to be reviewed and approved by the Parks and Recreation Director/Manager or his designee.

• Contractor to prepare, serve and sell to the public food and beverage items in accordance with the terms and conditions of this Agreement.

• Criminal background checks will be performed on all concession stand employees who are 18 years of age and higher. Employees with a significant history of criminal activity, and any employee with any history of crimes targeting minors, shall not be hired or retained.

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3.2 Proposal Requirements

The selected Offeror will furnish, as a minimum, the following information:

• List three references, private or government, include contact person’s name and email address. Provide information which best illustrates your company’s qualifications and capabilities for handling the City’s needs. Include descriptions and information related to similar contracts held within the past three years.

• The Contractor will have liability insurance (with the City of Milton named as an additional insured), a valid Business license and a current Food Service Certificate by the Fulton County Georgia Department of Health and Wellness.

• Indicate the contractual entity which will be responsible for the performance of all aspects of this contract. Provide the name of the company, address, contact person(s) telephone numbers, and email addresses.

• For every month of this Agreement, the Contractor shall pay to the City a specified monthly fee to utilize the concession stand. Indicate in your proposal the monthly fee your company will propose to pay. The City reserves the right to negotiate this fee with the selected contractor.

• Provide additional information regarding the firm submitting the proposal. Include a narrative on how long the organization has been in business, disclose whether it has been in litigation in the last five (5) years and/or is there any pending litigation arising out of your performance or participation in concession stand services. The firm should similarly disclose whether or not it or any team members or subcontractors are in default on any loan agreement or financing agreement with any bank, financial institution or other entity.

• Provide company experience addressing questions such as how long you have been in business.

• Describe your company’s approach/philosophy to customer service.

• Indicate how many employees are to be assigned to this effort.

• Provide a suggested menu and proposed pricing.

3.3 Duration of Agreement

The agreement will not start until a NOTICE TO PROCEED has been delivered in writing. A Contractor is already in place and will be working the stand until this agreement is in place.

The selected firm is expected to take over operations upon receiving a NOTICE TO PROCEED. The contract has the option of renewal for four (4) additional annual terms.

3.4 Terms and Conditions

The selected Offeror will agree, as a minimum, to the following terms and conditions:

• The Concession Stand Operator is responsible for the collection of sales tax and distribution to the State of Georgia.

• The Contractor shall have appropriate personnel available for the operation of the concession stand in order to provide reasonable and adequate service at all times called for by the schedule of hours as stipulated in this Agreement. The Parks and Recreation Director/Manager or his designee reserves the right to have the Contractor

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add additional staff at the Contractor’s sole expense. The Parks and Recreation Director or his/her designee, will review from time to time the Contractor’s staffing levels to determine if patron demand is being met efficiently. If not, the Contractor will be required to increase its staff as specified by the City.

• The Contractor is authorized for the term of this Agreement to sell in the concession only those food, beverage and miscellaneous items such as but not limited to burgers, hot dogs, chicken, sausages, BBQ, sundry items, novelties and candy of the best quality approved for sale by the Parks and Recreation Director/Manager or his/her designee.

• The City reserves the right to offer the selected concessionaire additional opportunities to operate concession services at other City parks or facilities during the term of the agreement, at the City's sole discretion. Such opportunities, if offered, may be negotiated separately and shall be subject to mutual agreement on scope, terms, and conditions. The concessionaire is not guaranteed the right to operate at any location beyond the site specified in this agreement but may be given first consideration for future concession needs based on performance and suitability.

• No seeds of any kind, including but not limited to, sunflower seeds and pumpkin seeds will be allowed for sale.

• No alcoholic beverages will be allowed for sale.

• The pricing of each food, beverage or miscellaneous item specified herein is to remain firm for a one-year period. The pricing must stay within the local market pricing. Prices should not vary and/or change due to special activities scheduled throughout the year.

• Coca-Cola is the approved beverage for the Contractor that must be used. All Coca- Cola products will be ordered by the Contractor. Ordering will be coordinated between the Contractor and Coca-Cola directly.

• It is the Contractor’s responsibility to provide the following items:

1. Contact person for notification of any cancellations and/or rescheduled events.

2. To keep the concessions up to the standards of the Fulton County Georgia

Department of Health and Wellness

3. Clean the concession stand interior after each use, and a deep cleaning of the space at the middle and end of the Fall and Spring seasons.

4. Cleaning supplies to maintain the concession stand.

5. A point of sale terminal.

6. Credit card transaction processing capability.

7. Collection and payment of sales tax.

8. Propane for cooking purposes; propane to be stored outside of the concession stand at all times

9. Proper disposal of grease

10. Dispose of trash and cardboard in appropriate dumpsters at the end of each day or shift

11. Grill for cooking purposes, to be used outside and stored inside.

• It is the City’s responsibility to provide the following items:

1. The Coca-Cola contract and coolers.

2. Water, power and internet connectivity.

• Due to weather and/or unseen circumstances, some events may be canceled. In event of a cancellation, the City will attempt to notify the Contractor’s point of contact ahead of time. In the event the notification is not provided, the Contractor is still required to show up. Any cost incurred to the Contractor due to a cancellation is not the responsibility of the City.

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• Due to health and fire code standards there may not be any cooking allowed in the building.

• Currently there are no vending machines in operation and none may be placed at the park for use without approval from the Parks & Recreation Director.

• The City owns certain equipment that is available for use from time to time if the

Contractor so desires. If the Contractor chooses to use the various pieces of equipment, any damages are the responsibility of the Contractor (except for standard wear and tear).

• Umpire/ Referee Program – The Contractor is permitted to have non-Coca-Cola brand water stored in the City’s refrigerator (not the Coca-Cola coolers) for distribution at low or no cost to game officials.

• Other Activities and Concessions – The City reserves the right to regularly run events at the Park. The City also reserves the right to bring in other vendors, such as but not limited to Food Trucks, for special events, such as but not limited to, movies in the park.

During the occasions that additional vendors are brought in, the Concessionaire will be provided with at least seven calendar days of advance notification of the City’s intentions. It will be the sole discretion of the Concessionaire to choose to participate in any such event or to decline. Choosing to decline to participate in a special event is not a cause for contract termination.

SECTION 4: OFFEROR PROPOSALS

4.0 CITY’S RIGHT TO INVESTIGATE

The City may make such investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified.

4.1 OFFEROR INFORMATIONAL REQUIREMENTS

Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3.

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SECTION 5: COST PROPOSAL

MUST BE RETURNED WITH PROPOSAL ~ IN A SEPARATE FILE

RFP 25-PR01: Cost Proposal

The Offeror’s cost proposal shall be signed by an authorized agent of the company. All pages of the Cost Proposal must be returned with the proposal. There is no maximum page limit to Section 5.

The undersigned Offeror, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price below:

Monthly Fee: $ ___________________ OR Gross Revenue Percentage: _________%

Print Total Fee in Words: ____________________________________________________________

Print/Type Company Name and Address:

Authorized Signature ___________________________________ Date______________________

Print/Type Name and Title __________________________________________________________

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SECTION 6: EVALUATION CRITERIA

6.0 EVALUATION CRITERIA

The evaluation committee will review and evaluate the proposals according to the following criteria:

• A selection team for the City will initially evaluate and score all submittals received.

• Proposals not meeting the minimum requirements and those who are non-responsive will not be considered.

• Cost Proposals will be reviewed after the technical review process.

Proposal Evaluation Criteria:

• Proposal Response (maximum 25 points)

• Food Service Experience (maximum 20 points)

• Food and Beverage Selection and Pricing (maximum 25 points)

• References (maximum 10 points)

• Commission or fee proposed as payment to the City (maximum of 20 points)

Interviews and Product Demonstration:

The City reserves the right to award the contract to the highest-ranking firm based on technical merits only; however, short-listed vendors may also be invited to make a face-to-face presentation to the City, Web-based presentations may also be permitted. During this presentation the vendor can provide additional details regarding their proposal submission and organizational qualities. A question and answer will follow the presentation.

Final Ranking and Negotiations:

Upon completion of the interviews and demonstrations, if required, the review committee will rank the short-listed proposals based on a combination of the evaluation scores and presentations. The top-ranked proposal will be recommended for contract award, pending successful negotiations. At this stage, the City may conduct any final discussions, negotiations, or proposal revisions with the top-ranking company(s).

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SECTION 7: STANDARD CONTRACT INFORMATION

7.0 STANDARD CONTRACT

The City’s standard contract is attached to this document as Appendix A. Offeror should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Offeror’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non-material, minor, insubstantial exceptions to the standard contract with the highest scoring Offeror at the time of contract negotiation.

7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS

This RFP and any addenda, the Offeror’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract.

Exhibit A: Typically Active Seasons

Typical Active Spring Season - Starts February 1 – Practices or Games for baseball and lacrosse typically run from 5:30 PM until 9:30 PM Monday through Friday. Games run on Saturdays typically between 9:00 AM until 7:00 PM. Baseball typically is active on Sundays from 1:00 PM until 7:00 PM. The typically active Spring season ends around Memorial Day.

Typical Active Summer Season – Starts June 1 – Baseball All Stars and Travel teams continue to practice and have occasional games. The opportunity of a tournament or two exists at this time. Baseball has activity Monday through Thursday from 5:30 PM until 9:30 PM. Typically on the weekends, the park is open as the teams travel to their tournaments. The typically active summer season ends in early-July. Concession Operations during this time are at the sole discretion of the Contractor.

Typical Active Fall Season – Starts middle of July - Football starts in mid-July with practices in the evenings during the week. Baseball and Lacrosse start up in mid-August and follow a similar schedule as the Spring. The typically active Fall season ends in mid-November.

7.2 SUBCONTRACTOR

The highest scoring Offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposals. The City reserves the right to approve all sub-contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub-contractor or agents and of persons directly or indirectly employed by such sub-contractor, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document, or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City.

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7.3 GENERAL INSURANCE REQUIREMENTS

See sample contract.

7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT

The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract.

CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE

REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.

7.5 COMPLIANCE WITH LAWS

The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Contractor subjects subcontractors to the same provision.

The Contractor agrees that the hiring of persons to perform the contract will be made based on merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract.

7.6 CONTRACT TERMINATION

See sample contract.

SAMPLE CONTRACT ONLY ~ DO NOT RETURN WITH PROPOSAL

CONCESSIONS SERVICES AGREEMENT

This Agreement (the “Agreement”) is effective as of the date last signed by the parties below (the “Effective Date”), and is made and entered into by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council (hereinafter referred to as the “City”), and XXXXXXXXXXX., a XXXXXXXXXXXXXXX with its principal place of business located at XXXXXXXXXXXXXX (hereinafter referred to as the “Contractor”), collectively referred to herein as the “Parties.”

WITNESSETH:

WHEREAS, the Contractor desires to provide certain concession stand operations at Bell Memorial Park in response to that certain RFP XXXXXXXX (attached hereto as Exhibit “A”), and

WHEREAS, in exchange for the City authorizing Contractor to provide such concession stand operations at Bell Memorial Park and keep a percentage of the revenues obtained from such operations, the Contractor has agreed to provide the City with a percentage of such revenues;

and

WHEREAS, the Contractor has represented that it is qualified by training and experience to provide the Work described in this Agreement related to concession stand operations at Bell Memorial Park; and

WHEREAS, the Contractor desires to perform the Work under the terms and conditions set forth in this Agreement; and

WHEREAS, the public interest will be served by this Agreement.

NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows:

1. Scope of Work and Consideration. In consideration for the City authorizing Contractor to provide concession stand operations at Bell Memorial Park and keep a portion of the gross revenues obtained from such operations, the Contractor has agreed to provide the Work described below and pay the City a Commission (as defined below) under the terms provided herein.

a. The Work. Contractor shall provide concession stand operations at Bell Memorial Park, located at 15245 Bell Park Drive, Milton, GA 30004, as described in the Request for Proposals, attached hereto as Exhibit “A” and incorporated herein by reference, and the Contractor’s Proposal, attached hereto as Exhibit “B” and incorporated herein by reference. The Contractor shall only use the concession stand facilities identified by the City, and the Contractor must comply with the following requirements in its operation of the concession stands at Bell Memorial Park:

i. The Contractor is authorized for the Term of this Agreement to sell in the concession only food, beverage and miscellaneous items (including but not limited to burgers, hot dogs, chicken, sausages, BBQ, sundry items, novelties and candy) that are approved for sale by the Parks and Recreation Director or his/her designee. No seeds of any kind, including but not limited to sunflower seeds and pumpkin seeds, will be allowed for sale. No alcoholic beverages will be allowed for sale. Pursuant to O.C.G.A. § 50-5-81, the parties acknowledge that no government funds are being used to purchase any beef products.

ii. The City reserves the right to monitor all concession prices, so as to ensure that patrons are not overcharged. The Contractor will submit, upon demand, a list of items and prices to be reviewed and approved by the Parks and Recreation Director or his/her designee. The pricing of each food, beverage or miscellaneous item specified is to remain firm (fixed and unchanged) for a one-year period unless otherwise authorized by the City in writing, and, following such one-year period, any changes to such pricing must be approved in writing by the City. The pricing must stay within the local market pricing and may not vary and/or change due to special activities scheduled throughout the year.

iii. Various equipment owned by the City is available for use from time to time if the Contractor so desires. If Contractor wishes to use such equipment, Contractor must first contact the City to determine what equipment is available and must receive written approval by the City for the same purpose.

If the Contractor chooses to use any of the City’s equipment, Contractor shall do so at its own risk, and any damages resulting from the use of the equipment are the sole responsibility of the Contractor (except for standard wear and tear). It is the responsibility of the Contractor to use equipment provided by the City in a responsible and careful manner and to provide any additional equipment required to complete the Work and provide the services associated with the concession stand operations. Any supplies or equipment left at the park by the Contractor will be the sole responsibility of the Contractor. The City shall not be responsible for any lost, stolen, or broken equipment or supplies; should the equipment used by the Contractor be damaged or broken due to the negligence of the Contractor then the Contractor shall repair (such that it is working correclty and in the condition it was prior to the damage) or replace (the replacement shall be the same model and brand) the same.

iv. The concession stand will be kept clean by the Contractor, including, but not limited to, cleaning the concession stand interior after each use and properly disposing of trash at least once each day and as required to maintain a clean operating environment. The Contractor shall not leave any other waste (decay causing mold, and/or any waste causing attraction to bug/critter/insect/varmint/or other animal, any litter, or other toxic or dangerous chemicals or items), or otherwise cause any waste to occur related to the services hereunder, in the concession stand or otherwise around the premises. If the Contractor does not remove any waste within two (2) calendar days after notice of removal by the City, then the Contractor shall be deemed to be in breach of this Agreement and the City may immeditaley terminate this Agreement and the Contractor shall immediately pay the City XXXXX percent of gross revenue percentage received up unitl the date of termination.

v.Contractor will be responsible for scheduling staff, stocking concessions and maintaining the security of the stand with lights out at the end of daily operations.

vi.Contractor will limit its access of the concession stand facility to the designated hours of operation specified by the City and shall provide sufficient staff to work the stand during operating hours. The Contractor shall have appropriate personnel available for the operation of the concession stand in order to provide reasonable and adequate service at all times called for by the schedule of hours stipulated in this Agreement below, as such schedule may be updated…