RFP-AW-532023-ASC - Rebid2_FINAL.pdf

CITY OF VICTORIA, TEXAS

REQUEST FOR PROPOSALS

for

FOOD & BEVERAGE CONCESSIONS LEASE AT THE

ADULT SOFTBALL COMPLEX

# RFP-AW-532023-ASC

Date Issued:

April 17, 2023

RESPONSES MUST BE RECEIVED NO

LATER THAN: 2:00 PM CST MAY 3, 2023

City of Victoria Purchasing Department: Phone: 361-485-3170 Email: purchasing@victoriatx.gov mailto:purchasing@victoriatx.gov

TABLE OF CONTENTS

PROPOSAL AND CONTRACT REQUIREMENTS:

Notice to Respondents

Part I: General Requirements for Responses

Part II: Response Form A – Proposal Signature Page

Part III: Response Form B – Proposal Form

Part IV: Attachments

Attachment A – Specifications Exhibit A – Adult Softball Complex Aerial Photo

Attachment B – Standard Terms & Conditions Exhibit B – Owner’s Insurance Requirements

Attachment C – Israel Verification Form Attachment D – Non-Collusion Affidavit Attachment E – Response Questionnaire & Checklist

NOTICE TO RESPONDENTS

REQUEST FOR PROPOSALS

#RFP-AW-532023-ASC

The City of Victoria, (“the City”), invites you to submit a sealed response for:

FOOD & BEVERAGE CONCESSIONS LEASE AT THE

ADULT SOFTBALL COMPLEX

Responses addressed to the Purchasing Supervisor will be received until May 3, 2023 at 2:00 PM CST. All Responses must be in the City’s possession on or before the scheduled date and time (no late responses will be considered). Documents are available at https://www.bidnetdirect.com/texas/city-of-victoria.

In accordance with Chapter 252 of the Texas Local Government Code, the contract will be awarded to the Respondent who provides the best value to the City. The City shall evaluate the responses on the basis of all factors described herein.

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

Responses will be received by electronic submission at Bid Net Direct – Texas Purchasing Group https://www.bidnetdirect.com/texas/city-of-victoria.

Thomas Anklam CTCD, CTCM Purchasing Supervisor City of Victoria https://www.bidnetdirect.com/texas/city-of-victoria

PART I

GENERAL REQUIREMENTS FOR RESPONSES

1. DEVIATION FROM SPECIFICATION/ REQUIREMENTS

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

2. GENERAL DESCRIPTION

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

3. PURPOSE

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

4. STAFF CONTACT

Name: Steven Gallagher Phone #: 361-485-3200 Email: sgallagher@victoriatx.gov

5. INTENT

The services to be provided under the RFP shall be in accordance with and shall meet all specifications and/or requirements as shown in this solicitation.

6. SUBMITTAL OF RESPONSES

Responses shall be submitted electronically through https://www.bidnetdirect.com/texas/city-of-victoria, upload the Adobe PDF files of:

• Response Form A – Proposal Signature Page,

• Response Form B – Proposal Form,

• all other required forms, and;

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

Responses WILL be accepted electronically through Bid Net Direct. Responses WILL NOT be accepted via oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission.

RFP-AW-532023-ASC 1

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

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

Failure to meet response requirements may be grounds for disqualifying a Respondent.

7. PROPOSAL OPENING

The City will be accepting sealed Proposals until 2:00 PM, CST, on May 3, 2023 at which time they will be opened publicly and the name of the Respondent and the monetary component of the Proposals shall be read aloud. Any Proposal received after proposal time will be returned unopened. Receipt of response does not bind the City to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded.

8. ASSIGNMENT

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

9. PREPARATION OF RESPONSE

Responses MUST give full firm name and address of Respondent, and be manually signed. Failure to do so will disqualify your submittal. The person signing the response must show title or AUTHORITY TO BIND FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate bylaws and shall also list the state in which it is incorporated. A partnership Respondent shall give full names and business addresses of all partners. All partners shall execute the submittal.

Partnership and Individual Respondents shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, or the office address of the contractor, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the Respondent.

10. WITHDRAWAL

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

RFP-AW-532023-ASC 2

11. TIME ALLOWED FOR ACTION TAKEN

The City may hold responses 120 days after submittal deadline without taking action. Respondents are required to hold their responses firm for same period of time.

12. ALTERATIONS/AMENDMENTS TO RESPONSES

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

13. LIST OF EXCEPTIONS

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

14. NAME BRANDS

Specifications may reference name brands and model numbers. It is not the intent of the City to restrict these responses in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard due to like existing items. Respondents may offer items of equal stature and the burden of proof of such stature rests with Respondents. The City shall act as sole judge in determining equality and acceptability of products offered.

15. INSPECTIONS & TESTING

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

16. PRICING

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

17. INTERPRETATIONS

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

RFP-AW-532023-ASC 3

18. ANTICIPATED TERM OF CONTRACT

The anticipated term for the proposed contract is one (1) year effective the date of award with four (4) additional one year renewals.

19. EVALUATION

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

20. AWARD OF CONTRACT

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

1) the purchase price;

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

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

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

5) total long-term cost to the City to aquire the Respondent’s goods or services; and

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

Respondents must provide sufficient information to allow the City to evaluate Proposers based on criteria above and the weighted selection criteria included in “Selection Criteria” Section. To demonstrate qualifications to perform the Work, each Respondent must include with its submission written evidence, such as financial data, previous experience, present commitments and other such data that meets the best value considerations outlined in section 252.043 of the Texas Local Government Code. Each Proposal must contain evidence of Respondent’s qualification to do business in the state of Texas or covenant to obtain such qualification prior to award of the contract.

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

21. SELECTION PROCESS

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

The City will use a selection committee to evaluate the proposals. The City will select the response that submits the proposal that offers the best value for the Owner based on the criteria in this

RFP-AW-532023-ASC 4

request and its ranking evaluation. The response received will be part of the selection process utilized by Owner. Owner reserves the right to and may contact Respondents with questions or clarifications relating to that Respondent’s response to this RFP.

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

22. SELECTION CRITERIA

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

1. Amount of Proposed Lease Payment to Owner (weighted at 30%).

2. Operational and Financial Plan (weighted at 20%).

3. Experience of the Vendor (weighted at 20%).

4. Experience of Vendor’s Management Team (weighted at 15%).

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

SELECTION CRITERIA WEIGHTED VALUE

Amount of Proposed Lease Payment to Owner 30% Operational and Financial Plan 20% Experience of the Vendor 20% Experience of Management Team 15% Evaluation of Credit/ Finances 15% Total 100%

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

The City prefers to award operations to a single vendor to operate the concession stands at the Adult Softball Complex. The award of any concession described in this RFP shall not be valid until the City has executed a duly authorized written agreement with the vendor for the operation of said concessions.

RFP-AW-532023-ASC 5

23. RIGHT TO REJECT/ AWARD

The City reserves the right to reject any or all Responses, to waive any or all formalities or technicalities, and to make such awards of contract to the Respondent who provides the best value to the City.

24. CLARIFICATION OF REQUIREMENTS AND QUESTIONS

All requests for additional information or clarification concerning this response must be submitted in writing using the eProcurement site at https://www.bidnetdirect.com/ texas/city-of-victoria or can be emailed to the Staff Contact Person on or before NOON CST, April 26, 2023. Questions received after the stated deadline will not be answered.

Questions submitted and the City’s responses will be posted with this solicitation as addenda.

25. RESTRICTIONS ON COMMUNICATION

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

Exceptions to the restrictions on communication with City employees include:

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

B. Staff Contact located in the “STAFF CONTACT” section.

26. ADDENDA AND MODIFICATIONS

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

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

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

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

RFP-AW-532023-ASC 6

27. INVITATION FOR RESPONSES PREPARATION COSTS

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

28. EQUAL EMPLOYMENT OPPORTUNITY

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

29. INDEPENDENT CONTRACTOR

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

30. INSURANCE

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

31. WARRANTIES

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

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

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

RFP-AW-532023-ASC 7

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

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

EMPLOYEE OR AGENT THEREOF (THE CITY OF VICTORIA AND ANY SUCH PERSON BEING HEREIN

CALLED AN “INDEMNIFIED PARTY”), FOR, FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE

ATTORNEYS’ FEES AND COURT COSTS) TO WHICH ANY SUCH INDEMNIFIED PARTY MAY BECOME

SUBJECT, UNDER ANY THEORY OF LIABILITY WHATSOEVER (“CLAIMS”), INSOFAR AS SUCH

CLAIMS (OR ACTIONS IN RESPECT THEREOF) RELATE TO, ARISE OUT OF, OR ARE CAUSED BY THE GOODS OR SERVICES PROVIDED BY THE RESPONDENT, ITS OFFICERS, EMPLOYEES, AGENTS, OR

ANY TIER OF SUBCONTRACTOR IN THE PERFORMANCE OF THIS AGREEMENT.

33. RESPONDENT’S EMPLOYEES

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

34. VERBAL THREATS

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

35. CONFIDENTIAL INFORMATION

A. Any information deemed to be confidential or proprietary by the respondent should be clearly annotated on the pages where confidential or proprietary information is contained. The City cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential or proprietary by the responder may not be confidential or proprietary under Texas Law, or pursuant to a Court order. Pursuant to SB 943, the City must disclose certain contracting information and the law presumes that most contracting information is public. Certain types of contracting information must generally be released under the Public Information Act: overall price; price and description of items or services to be delivered; delivery and service deadlines; remedies for breach of contract; identity of the parties to the Contract; execution and effective dates; and information connected to a vendor or contractor’s performance on the contract. Additionally, information regarding performance under the Contract, including breaches of the Contract, Contract variances, amendments, liquidated damages, and other penalties for non-performance, must generally be released under the Public Information Act.

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

32. INDEMNIFICATION CLAUSE

RFP-AW-532023-ASC 8

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552

36. JURISDICTION

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

37. VENUE

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

38. CONFLICT OF INTEREST

Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity must disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with the City no later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. For more information or to obtain the Questionnaire CIQ go to the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR

OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF

EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING

REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A MISDEMEANOR.

39. CERTIFICATE OF INTERESTED PARTIES

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

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

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR

OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF

EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING

REQUIREMENT.

RFP-AW-532023-ASC 9

http://www.ethics.state.tx.us/forms/CIQ.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/tec/1295-Info.htm

40. CONFIDENTIALITY OF INFORMATION AND SECURITY

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

41. SUBSTITUTIONS/CANCELLATIONS OF RESPONSES

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

42. ADDITIONAL REPRESENTATION

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

43. AGREEMENT

The successful Respondent shall enter into a Contract with the City.

RFP-AW-532023-ASC 10

PART II

RESPONSE FORM A - PROPOSAL SIGNATURE PAGE

SUBMIT TO:

The City of Victoria Purchasing Supervisor Bid Net Direct – Texas Purchasing Group https://www.bidnetdirect.com/texas/city-of-victoria.

REQUEST FOR PROPOSAL

(RFP)

Title: FOOD & BEVERAGE CONCESSIONS LEASE AT THE ADULT SOFTBALL COMPLEX

Number: RFP-AW-532023-ASC Closing Date & Time: MAY 3, 2023 AT 2:00 PM CST

NAME OF PARTNERSHIP, CORPORATION OR

INDIVIDUAL

TAXPAYER IDENTIFICATION NUMBER

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

CITY, STATE ZIP

PHONE EMAIL

FAX WEB ADDRESS

DELIVERY: Calendar days after receipt of Purchase Order:

__________ days (ARO)

RESPONSES ARE FIRM FOR ACCEPTANCE FOR

120 DAYS

YES NO OTHER

PAYMENT TERMS

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

AUTHORIZED SIGNATURE DATE PRINTED NAME/TITLE

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

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

Please Note:

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

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

RFP-AW-532023-ASC 11

RESPONSE FORM B – PROPOSAL FORM

To: City of Victoria, Texas 702 N. Main Street, Suite 132 Victoria, Texas 77901

Project:

RFP No.:

Project No.:

Respondent:

(Print or type full name of proprietorship, partnership, corporation, or joint venture)

1.1 Proposal

A. Total Proposal Price: The undersigned Respondent proposes and agrees, if this Proposal is accepted, to enter into an Agreement with City of Victoria, Texas, in the form included in the Proposal Documents to provide goods/services as specified or indicated in the Proposal Documents for the Contract Amount indicated in this Proposal or as modified by amendment.

B. Period for Proposal Acceptance: Respondent accepts all of the terms and conditions of the Request for Proposals and Instructions to Respondents. This offer shall remain open to acceptance and is irrevocable for 120 days after Proposal Date (opening). That period may be extended by mutual written agreement of City and Respondent.

C. Addenda: Respondent hereby acknowledges it has received, examined and carefully studied all Addenda and all Addenda have been considered and all related costs are included in the Total Proposal Price.

2.1 RESPONDENT REPRESENTATIONS

A. Respondent is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the goods/services.

B. The Proposal Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the goods/services for which this Proposal is submitted.

C. Laws to be Observed: In the performance of the Contract, the Contractor must comply with all applicable federal, state, and local laws, ordinances and regulations, including but not limited to laws concerned with labor, safety, minimum wages, and the environment.

The Contractor will make himself familiar with and shall at all times observe and comply with all federal, state, and local laws, ordinances and regulations which in any manner affect the conduct of the work, and SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF

VICTORIA, AND ITS REPRESENTATIVES AGAINST ANY

RFP-AW-532023-ASC 12

CLAIM ARISING FROM VIOLATION OF ANY SUCH LAW,

ORDINANCE OR REGULATION BY HIMSELF OR BY HIS

AGENT OR BY HIS EMPLOYEES.

D. Review by City: The City and authorized representatives, agents and employees of the City shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, books and accounting records, subcontracts, purchase orders, and all other relevant data, documents and records pertaining to this Contract.

E. Respondent will submit written evidence of its authority to do business in the state where the Project is located with its Proposal.

F. Respondent further represents that this Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any individual or entity to refrain from submitting a Proposal; and Respondent has not sought by collusion to obtain for itself any advantage over any other Respondent or over the City.

3.1 EVALUATION CRITERIA

1. Amount of Proposed Lease Payment to Owner (weighted at 30%).

Having carefully examined this RFP, the Requirements/Specifications and addenda thereto, the undersigned proposes to furnish all goods/services necessary in accordance with the Proposal Documents for the following sum:

Dollar amounts shall be shown in both written and figure form. In case of discrepancy between the written amount and the figure, the written amount will govern.

TOTAL LEASE PAYMENT MONTHLY PRICE (Lump Sum Amount)

(written)

2. Operational and Financial Plan (weighted at 20%).

3. Experience of the Vendor (weighted at 20%).

4. Expericne of Vendor’s Mnagement Team (weighted at 15%).

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

RFP-AW-532023-ASC 13

4.1 SIGNATURES:

By signing this Document, I agree that I have received and reviewed all Proposal Documents, Requirements/Specifications, and Addenda and considered all costs associated with the Proposal Documents, Requirements/Specifications, and Addenda in calculating the Total Proposal Price.

Respondent:

(Print or type full name of your proprietorship, partnership, corporation or joint venture*)

*If Proposal is a joint venture, add additional Proposal Form signature

By:________________________________ Date:____________________________

Name:______________________________Title:____________________________

Doing Business as:____________________________________________________

Mailing Address:_____________________________________________________

Physical Address:_____________________________________________________

Telephone:___________________________Fax:____________________________

RFP-AW-532023-ASC 14

5.1 CERTIFICATION OF PROPOSAL

The undersigned affirms that they are duly authorized to execute this Proposal, that this Proposal has not been prepared in collusion with any other Respondent, and that the contents of this Proposal have not been communicated to any other Respondent prior to the official opening of this Proposal. Additionally, the undersigned affirms that the Respondent is willing to sign the attached Agreement (if applicable). Further, Respondent certifies that the only person or parties interested in this offer as principals are those named herein. Respondent has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing.

Signed By: Title:

Typed Name: Company Name:

Phone No.: Fax No.:

Email:

Proposal Address:

P.O. Box or Street City, State Zip

Order Address:

P.O. Box or Street City, State Zip

Remit to Address:

P.O. Box or Street City, State Zip

Federal Tax ID No.:

Date:

RFP-AW-532023-ASC 15

ATTACHMENT A:

SPECIFICATIONS / SCOPE OF WORK

The vendor will be required to provide attractive & competitive food vending services that will complement and enhance the Adult Softball Complex during the events of the facilities. The Adult Softball Complex concession areas are located adjacent to the Victoria Community Center at 510 Proctor Drive in a permanent concession building built circa 1976, containing approximately 776 square feet.

1. The vendor will be required to supply the necessary equipment for operations, including but not limited to the following:

• Hot Dog Cooker/Warmer

• Microwave

2. The following is a recommended menu, if the vendor desires to add or delete items it should be listed below.

• Hot Dogs with or without chili and cheese

• Hamburgers (pre-cooked)

• Fried foods

• Microwave pizza

• Nachos

• Frito Pie

• Popcorn

• Packaged chips and crackers

• Candy and other packaged snacks

• Soft drinks, water and sports drinks

• Beer or wine coolers (cans only)

3. The following items are prohibited from being sold at the Adult Softball Complex:

• Party poppers, snaps, confetti, crepe paper, glitter or similar type products

• Any device that could be considered fireworks

• Any item that is prohibited by the ordinances or laws of the City of Victoria, State of

Texas or United States

• Tobacco products

4. Successful vendor will be required to have Adult Softball Complex concession stand open:

• The concession stand shall be opened during scheduled games, or vendor will be subject to the $250 penalty fee for failure to open the concession stand

• During tournaments

• Weeknight League Play (approximately 6 pm – 11 pm)

Vendor will be required to pick up all trash within 25 feet of the concession stand and place in trash receptacles. Vendor will be responsible for depositing trash generated from inside the concession stand and placing in the appropriate trash dumpster. Park staff will empty trash receptacles and remove bagged trash daily.

Vendor’s operation will be subject to inspection based on all contractual requirements and in accordance with all existing ordinances and laws regulating food concession.

RFP-AW-532023-ASC 16

The anticipated schedules of events are as follows:

Adult Softball Complex schedules:

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

A. Equipment & Facilities. Vendor shall provide all necessary equipment for concession stands and maintenance thereof.

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

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

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

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

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

RFP-AW-532023-ASC 17

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

2. The City is committed to maintaining an alcohol and drug-free workplace. Possession, use or being under the influence of alcohol or controlled substances by employees working in the concession (including any breaks) is prohibited. Repeated violation of this requirement shall constitute grounds for termination of this service contract.

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

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

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

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

4. Other Details Regarding Sales:

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

B. The vendor will be issued a key to the Adult Softball Complex concession door.

The Director will retain the privilege of access to the structure for routine maintenance, inspection, and emergencies. At no time shall the vendor restrict or prohibit entry by the Director into any part of the concession areas

RFP-AW-532023-ASC 18

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

D. Signage will be installed by the City stating that food and beverages may not be brought onto the premises, except water and/or sports type drinks for the participating teams. Vendor may install a similar sign on the Youth concession premises, in a form approved by the Director.

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

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

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

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

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

J. Vendor's operations shall be conducted in a clean, orderly and legitimate manner and in accordance with existing ordinances and laws regulating food concession. No rubbish, glass, plastic, or cardboard boxes of any kind shall be thrown upon the grounds or in any buildings by vendor or anyone working for vendor. Vendor will have full access to a dumpster at both locations.

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

L. Upon execution of the contract, the vendor will have the right to operate the food & beverage concession stands at the the Adult Softball Complex, as applicable. However, the City will retain the right to enter into any other contracts, franchises, or concessions concerning the facilities to sell or permit the sale of items therein.

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

RFP-AW-532023-ASC 19

EXHIBIT A

Adult Softball Complex Aerial Photo

RFP-AW-532023-ASC 20

ATTACHMENT B:

STANDARD TERMS AND CONDITIONS

AGREEMENT: This set of Terms and Conditions is incorporated into a Contract in its entirety and, upon execution of the Contract by both Parties, constitutes a portion of the Parties’ Agreement. No change, modification or revision to the Agreement shall be binding unless made in writing and signed by the Parties. The City will not in any manner be responsible for goods delivered or work done for our account without a written order.

DEFINED TERMS: Where utilized in this Request for Proposals, Contract, requirements/specifications, or elsewhere, the following defined terms shall have the meaning assigned to them:

1. “Contract Documents” means the its terms and conditions, the technical specificiations, requirements, specifications, drawings, addendum, and amendments, all of which comprise the full agreement of the Parties.

ACCEPTANCE: Acceptance of this Standard Terms and Conditions shall be deemed effective upon t h e City’s execution of this Contract or upon shipment of the goods which are the subject of this Contract, whichever occurs first. Any proposal made by Respondent for additional or different terms and conditions or any attempts by Respondent to vary, in any degree, any of the terms and conditions of this Contract is hereby rejected.

COMPLETION: TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS

CONTRACT. If Respondent fails to effect delivery or performance of the associated services required by the City in accordance with the project schedule, delivery schedule, or other time requirements as communicated to Respondent in the Contract or its attachments, in addition to its other rights and remedies hereunder, the City shall have the right to terminate this Contract by notice effective when received by Respondent or after the expiration of five days from the date of mailing of such notice, whichever occurs first. Such termination shall be effective as to goods not yet received by the City or services not yet rendered, regardless of their transit status. Thereafter, the City shall have the right to purchase substitute goods or services elsewhere and charge Respondent with any and all losses, costs and expenses, including, but not limited to actual, consequential and incidental damages, reasonable attorneys’ fees, and engineering or consulting fees incurred by the City by reason of such delay or termination.

PRICES: Respondent warrants that the prices shown hereunder are the prices quoted to the City at the time of sale and include all costs incurred by Respondent for shipment of all goods included in this Contract. In the event of any price reduction between execution of the Contract and delivery of the goods, the City shall be entitled to such reduction.

WARRANTIES / GUARANTEES: Respondent expressly warrants that the items and services covered hereunder shall be free of defects in workmanship and shall strictly conform to applicable specifications, instructions, drawings, etc. These warranties shall be in addition to all warranties, express, implied or statutory. All warranties shall run to Buyer, its customers and subsequent owners of items or services covered hereunder.

RFP-AW-532023-ASC 21

INDEMNIFICATION: TO THE FULLEST EXTENT PERMITTED BY LAW,

RESPONDENT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE

CITY OF VICTORIA AND ITS OFFICERS, DIRECTORS, AGENTS,

REPRESENTATIVES, EMPLOYEES FROM AND AGAINST ALL CLAIMS, LOSSES,

EXPENSES, COSTS, DEMANDS, SUITS, CAUSES OF ACTION, AND DAMAGES,

INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES, ENGINEERING OR

OTHER CONSULTANTS’ FEES, OF ANY KINDS RESULTING FROM

RESPONDENT’S PERFORMANCE OR NONPERFORMANCE OF ITS

OBLIGATIONS PURSUANT TO THIS PURCHASE ORDER, FAILURE OF GOODS,

OR ACTS RESULTING IN BODILY INJURY OR PROPERTY DAMAGE, BUT ONLY

TO THE EXTENT OF THE NEGLIGENCE OR OTHER FAULT OF RESPONDENT,

ITS AGENTS, REPRESENTATIVES, EMPLOYEES OR SUBCONTRACTORS OF

ANY TIER.

NO DAMAGES FOR DELAY: Respondent shall have no right to claim any damages against the City, including consequential or incidental damages, as a result of delay.

Extension of time for Respondent’s performance is…