RFQ 3241.pdf

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CITY OF GREEN BAY, WISCONSIN

REQUEST FOR QUOTE #3241

Alcoholic Beverage Service for Bay Beach Wildlife Sanctuary

Special Events

Request for Quotation (RFQ) Schedule of Events

CC: 96115, 66005

March 9, 2020 RFQ issued to Vendors

March 16, 2020 Pre-quotation meeting:

Location: Bay Beach Wildlife Sanctuary Nature Center Banquet Hall Facility. 1660 East Shore Drive Green Bay, WI Time: 9:30am

March 17, 2020 Questions from Vendors due (written only)

March 18, 2020 Addendum issued (if required)

March 23, 2020 2:00 PM – Sealed

DUE DATE FOR RFQ (by 2:00PM CT, opened in room 101 of Green Bay City Hall located at 100 N. Jefferson St., Green Bay, WI 54301)

April 2, 2020 Projected award notification date. Pending Council Approval on April 1, 2020

DOCUMENTS Submit TWO complete sets of documents

Method and deadline of submittal

Sealed bid openings are at 2:00 pm (CT). Any bid received after the time specified cannot be considered.

SEALED envelope, by mail, delivery, or in person. No fax.

Responses received after the deadline cannot be considered and if mailed, will be returned unopened. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other delivery method employed by the Vendor.

Submit Quotes to RFQ #3241- Alcoholic Beverage Services BBWLS City of Green Bay, Purchasing Department 100 N. Jefferson St., Room 101, Green Bay, WI 54301-5026

Purchasing email and fax General Department E-mail: PurchasingAg@greenbaywi.gov

Fax Number: 920-448-3050 Direct Purchasing Contact: Calvin Winters, calvinwi@greenbaywi.gov

Although every effort will be made to follow this schedule, the City reserves the right to modify the dates as necessary and to accommodate special circumstances. All RFQ’s are due by the time specified. Any RFQ received at the designated location after the required time and date specified for receipt shall be considered late and non responsive. All times listed are in CT, unless otherwise noted.

mailto:PurchasingAg@greenbaywi.gov mailto:calvinwi@greenbaywi.gov

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GENERAL CONTRACTUAL INFORMATION AND INSTRUCTIONS TO BIDDERS

The City of Green Bay (City) is requesting your consideration to participate in our Request for Quote (RFQ).

This section lists basic information and instructions. All Vendors are expected to read this section thoroughly to ensure full understanding of the conditions. These are considered general terms & conditions. Specific requirements as stated in the specifications will take precedence over these general terms & conditions. No changes to the RFQ by any vendor will be accepted, and that in the event of a discrepancy between the vendor’s submission and the RFQ, the RFQ will control. Failure to agree to the terms of the RFQ as presented will result in the submission being deemed non-responsive. Thank you for the time and effort you put forth in responding. We sincerely look forward to hearing from your company.

VENDOR REGISTRATION: To receive free automatic and immediate notification of procurement opportunities for the City of Green Bay and other government agencies, register at NO CHARGE with the State of Wisconsin’s VendorNet at http://vendornet.wi.gov and on Demandstar at www.demandstar.com.

For technical assistance, call 206-940-0305 or email agencyservices@demandstar.com Demandstar provides automatic supplier registration, procurement notices, and a document distribution system.

SITE INSPECTION / PRE-QUOTATION MEETING:

The City will hold a site visit. Each Vendor wishing to submit a quote is requested to (visit the site for inspection) on Monday, March 16, 2020, at 9:30AM, at Bay Beach Wildlife Sanctuary Nature Center Banquet Facility,1660 East Shore Drive, Green Bay, WI 54302, at which time Wildlife Sanctuary staff will be available to provide assistance to prospective Vendors in the interpretation of this RFQ.

Attendance at the pre-quote conference is not mandatory, but is highly recommended. Vendors are strongly encouraged to attend this site inspection and must sign the attendance sheet to show they were in attendance for the entire time. Vendors who do not attend will be held fully responsible for any information that is made available at that meeting.

DISABLED ACCESS: City Hall is available through either of the two entrances on the Jefferson Street (west) side of the building.

SEALED QUOTATIONS: Documentation must be received in the Purchasing Department office on or before the due date noted above between the hours of 8am and 4:30pm, Monday – Friday (Central Time).

Quotations shall be in an envelope clearly marked with the Vendor’s name and return address and indicate “SEALED QUOTATION #3241- Alcoholic Beverage Services- BBWLS”. Facsimile or e-mail submitted quotations will not be accepted. Responses received after the deadline cannot be considered and will be returned unopened. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other delivery method employed by the Vendor.

QUESTIONS: Vendors are asked to examine this RFQ upon receipt. If necessary, Vendors should make a written request for interpretation or correction of any ambiguity, inconsistency or error discovered. All questions or clarifications shall only be directed in writing via mail, fax or e-mail to the Purchasing Department, no later than end of day on March 12, 2020. Questions received after this date may not be responded to. Any contact or attempt to contact any other employee of the City regarding this RFQ may result in the immediate disqualification of the Vendor. Oral and other interpretations or clarifications will be without legal effect. Only questions answered by formal written addenda will be binding.

ADDENDA: Questions will be responded to in the form of written addenda to all Vendors. It shall be the responsibility of each Vendor, prior to submitting their quote, to determine if addenda were issued. Addenda will be issued on VendorNet and DemandStar to registered vendors who will be notified electronically. All addenda issued shall become a part of the contract documents and shall be acknowledged and dated on the bottom of the Quote Signature Page.

QUOTATION OPENING: Quotations will be publicly opened and read on the quotation due date and in the Conference Room noted above, City Hall, 100 N. Jefferson St., Green Bay, WI. The time for sealed bid openings is 2:00 pm for quotes issued from the Purchasing Department.

QUOTATION EVALUATION PROCEDURE/AWARD: The City will award the bid to the responsive and responsible bidder whose bid/quote is most advantageous to the City. In determining the most advantageous bid/quote, the City will consider criteria such as, but not limited to, cost, quality / workmanship, compatibility, standardization, major and minor exceptions to our specifications, superior design features, http://vendornet.wi.gov/ http://www.demandstar.com/ mailto:agencyservices@demandstar.com

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AWARD NOTICE: After an award is made, a quotation tabulation summary will be available through DemandStar. Quotation results will not be given over the telephone.

APPEALS PROCESS: Protest of this award or recommendation of award shall be made in writing and received in the purchasing office within 72 hours after the posting of intent to award and evaluation tabulation. Tabulations for interested parties are posted on the Demandstar service.

A written protest must contain a specific legal basis for appeal, precise statements of the relevant facts, an identification of the issue to be resolved and authorities in support of the protest. Appeals not containing the necessary information or not filed on a timely basis shall be rejected. Appeals shall be addressed to the Purchasing Agent.

TERMINATION OF CONTRACT: The City may terminate the resulting contract at any time by a notice in writing from the City Procurement Manager to the Vendor. If the City terminates the contract with the Vendor, the Vendor shall be entitled to receive payment for work completed up to the date of notice.

COMPLETE INFORMATION: Vendors shall submit all specifications or requirements included within the provisions of the Contract prior to the quotation opening. Failure to enclose all necessary attachments by the time the quotations are opened may disqualify the Vendor from being awarded the contract.

SUBSTANCE ABUSE PREVENTION: The owner recognizes and supports alcohol & drug free workplace programs as an important element in the national strategy to reduce the devastating effects of drug and alcohol abuse in our society. The owner urges contractors, subcontractors, suppliers and vendors to establish and enforce drug free workplace policies and programs.

CITY OF GREEN BAY CITIZEN AND LEGAL IMMIGRANT PROTECTION ACT: The City of Green Bay expects that those who wish to contract with the City adhere to all State and Federal laws, including those proscribing employment of unauthorized aliens. In no way does the City intend or condone discriminatory practices or profiling but rather simply adherence to the law. No City contract shall be issued to unauthorized aliens or companies who employ unauthorized aliens. See sec. 6.025, Green Bay Municipal Code, and 8 USC sec. 1324a.

MISCELLANEOUS CONDITIONS

RIGHT TO ACCEPT/REJECT: The City reserves the right to accept or reject any or all quotations or to waive any technicality, and accept any quotation deemed to be in the best interests of the City.

NON-MATERIAL VARIANCES: The City reserves the right to waive or permit cure of nonmaterial variances in the offer if, in the judgment of the City, it is in the City’s best interest to do so.

Nonmaterial variances include minor informalities that do not affect responsiveness, that are merely a matter of form or format, that do not change the relative standing or otherwise prejudice other quoters/proposers, that do not change the meaning or scope of the RFQ/RFP, or that do not reflect a material change in the services. A nonmaterial variance in a bid/quote does not give one quoter/bidder a competitive advantage or benefit not enjoyed by others. A nonmaterial variance may be accepted as responsive, or at the discretion of the City, may be rejected as non-responsive. In the event the City waives or permits cure of nonmaterial variances, such waiver or cure will not modify the RFQ/RFP requirements or excuse the Contractor from full compliance with the specification or other contract requirements if the Contractor is awarded the contract.

RIGHT TO AWARD ALL OR A PORTION: The City reserves the right to award all or a portion of this request to one or more Vendors on a line item basis. Vendor to indicate any additional discount allowed for award of entire order.

FINANCIAL COMMITMENTS: All financial commitments by the City are subject to the availability of funds approved by the Green Bay Common Council.

INCURRING COSTS AND RESERVE RIGHT TO CANCEL: The City will not be responsible for any expenses incurred by any vendor in the development of a response to this RFQ, including any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to the City and/or its representatives. Further, the City shall reserve the right to cancel the

I:\DeptData\Finance\Purchase\QUOTE SUMMARIES\2020\#3241 Alcohol Beverage Service WLS\#3241 RFQ.doc 3/9/2020 work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended vendor even if the City Council has formally accepted a recommendation.

RIGHT TO CANCEL: The City reserves the right to cancel this agreement and any resulting agreement at any time with 30 days written notice.

FIRM PRICING: Offered prices shall remain firm for a minimum of 90 days after the due date of this solicitation to allow evaluation and award determination, unless indicated otherwise. Once awarded, prices shall remain firm for the duration of the contract. Prices MUST also be free of federal, state, and local taxes unless otherwise imposed by a governmental body, and applicable to the material on the quotation.

STATUTORY INFORMATION: Any purchase agreement resulting from this RFQ shall be construed in accordance with the laws of the State of Wisconsin. Any litigation between the parties arising out of, or in connection with the contract shall be initiated either in the court system of the State of Wisconsin or the United States District Court for the Eastern District of Wisconsin.

PUBLIC RECORDS REQUIREMENT: It shall be understood any quotation and any/all referencing information submitted in response to this RFQ shall become the property of the City and will not be returned. The City will use discretion with regards to disclosure of proprietary information contained in any response, but cannot guarantee information will not be made public. As a governmental entity, the City is subject to making records available for disclosure.

NONDISCRIMINATION: In connection with the performance of work under this agreement, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, marital status, sexual orientation, sex, disability, national origin or ancestry.

This provision must be included in all subcontracts.

ASSIGNMENT OR SUBCONTRACT: Neither party shall assign any right or interest, nor delegate or subcontract any obligation owed without the written consent of the other.

INDEPENDENT CONTRACTOR STATUS: The Contractor agrees it is an independent Contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties.

NON-COMPLIANCE: Submission of a quotation constitutes confirmation your firm is not presently on any lists maintained by the Wisconsin Department of Administration, or any other State or the Federal Government, for non-compliance with any requirements, including equal opportunity and/or affirmative action.

PATENT INFRINGEMENT: The seller shall indemnify and hold harmless the City of Green Bay and all persons acting for or on their behalf from all suits and claims against them, or any of them, arising from or occasioned by the use of any material, equipment or apparatus, or any part thereof, which infringes or is alleged to infringe on any patent rights. In case such material, equipment, or apparatus, or any part thereof, in any such suit is held to constitute infringement, the Seller, within a reasonable time, will at its expense, and as the agencies may elect, replace such material, equipment or apparatus with non-infringing material, equipment, or apparatus, or remove the material, equipment, or apparatus, and refund the sums paid therefore.

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INSURANCE/INDEMNIFICATION REQUIREMENTS FOR CITY OF GREEN BAY

It is hereby agreed and understood that the insurance required by the City of Green Bay is primary coverage and that any insurance or self insurance maintained by the City of Green Bay, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. This insurance shall be written for not less than any limit of liability specified herein, or required by law, whichever is greater, notwithstanding that the policy may have lower limits applying elsewhere in the policy. All applicable insurance and endorsements shall be in full force and evidenced prior to commencing work and remain in force until the entire job is completed or the length of time that is specified in the contract.

1. GENERAL LIABILITY COVERAGE

A. Commercial General Liability

(a) $1,000,000 general aggregate

(b) $1,000,000 products - completed operations aggregate

(c) $1,000,000 personal injury and advertising injury

(d) $1,000,000 each occurrence limit

B. Claims made form of coverage is not acceptable.

C. Insurance must include:

(a) Premises and Operations Liability

(b) Blanket Contractual Liability including coverage for the joint negligence of the City of Green Bay, GBHA, its officers, council members, agents, employees, authorized volunteers and the named insured

(c) Personal Injury

(d) Explosion, collapse and underground coverage

(e) Products/Completed Operations

(f) Independent Contractors

2. BUSINESS AUTOMOBILE COVERAGE

A. Minimum Limits - $1,000,000 Combined Single Limit for Bodily Injury and Property Damage each accident

Must cover liability for "Any Auto" - including Owned, Non-Owned and Hired Automobile Liability

3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY

A. Must carry coverage for Statutory Workers Compensation and Employers Liability minimum limit of:

$100,000 Each Accident $500,000 Disease Policy Limit $100,000 Disease - Each Employee

4. LIQUOR LIABILITY COVERAGE

A. Must carry coverage for Liquor Liability minimum limit of:

$1,000,000 Per Occurrence Limit $1,000,000 General Aggregate

5. UMBRELLA LIABILITY

A. Must carry umbrella liability coverage of $2,000,000 for bodily injury, personal injury and property damage per occurrence in excess of coverage carried for Employer’s Liability, Commercial General Liability, Automobile Liability, and Liquor Liability.

6. ADDITIONAL PROVISIONS

* Additional Insured – On the General Liability Coverage and the Liquor Liability Coverage, the City of Green Bay, and its officers, council members, agents, employees, and authorized volunteers shall be “Additional Insureds.”

* Endorsement -The Additional Insured and Workers Compensation Subrogation Waiver policy endorsements must accompany the Certificate of Insurance.

* Indemnification VENDOR hereby agrees to indemnify, defend and hold harmless the City of Green Bay, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys’ fees, costs and expenses of whatsoever kind or nature in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of VENDOR or of anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on City of Green Bay, its elected and appointed officials, officers, employees, agents, representatives and volunteers. The obligation to indemnify, defend and hold harmless the City of Green Bay, GBHA, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, shall be applicable unless liability results from the sole negligence of the City of Green Bay, GBHA, its elected and appointed officials, officers, employees, agents, representatives and volunteers.

VENDOR shall reimburse the City of Green Bay, GBHA, its elected and appointed officials, officers, employees, agent or authorized representatives or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

In the event that VENDOR employs other persons, firms, corporations or entities (sub-contractor) as part of the work covered by this Agreement, it shall be VENDOR’S responsibility to require and confirm that each sub-contractor enters into an Indemnity Agreement in favor of the City of Green Bay, GBHA its elected and appointed officials, officers, employees, agents, representatives and volunteers, which is identical to this Indemnity Agreement.

* Waiver of Workers Compensation Subrogation - The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of the policy that arises from the work performed by the named insured for or on behalf of the City of Green Bay.

* Certificates of Insurance - A copy of the Certificate of Insurance must be on file with the Risk Management.

* Notice - City of Green Bay requires written notice of cancellation.

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* Acceptability of Insurers - No insurance required hereunder shall be carried with an insurer not authorized to do business in Wisconsin. The City reserves the right to disapprove any insurance company. A minimum AM Best Rating of A-VII is required.

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CITY OF GREEN BAY

REQUEST FOR QUOTATION: #3241 Alcohol Beverage Service for Bay Beach Wildlife Sanctuary

SCOPE OF WORK

The City of Green Bay, Wisconsin (City) is seeking quotations from qualified Vendors for alcoholic beverage concessionaire services for events at the new banquet facility located at the Bay Beach Wildlife Sanctuary.

DEFINITIONS

For the purpose of this quote agreement, the following terms shall have the meaning hereinafter stated unless another meaning is clear from the context or usage.

“City”, it shall be understood to refer to, City of Green Bay and/or its authorized representative.

“BBWLS”, it shall be understood to refer to, Bay Beach Wildlife Sanctuary managed by the City of Green Bay

Department of Parks, Recreation, and Forestry.

“Vendor”, it shall be understood to refer to, a firm submitting a quotation in response to this Request For

Quotation (RFQ).

“Contractor”, it shall be understood to refer to, Vendor awarded the contract.

“Engineer”, it shall be understood to refer to, the Director of Public Works and/or an authorized representative.

“Provide”, it shall mean to furnish and install.

VENDOR’S RESPONSIBILITY: Responsibility refers to the Vendor's potential ability to perform successfully under the terms of the proposed contract. The following are minimums of standards a responsible Vendor should meet:

1) For a minimum of THREE (3) years, has been in operation of Catering and/or Beverage Services with personnel and equipment adequate to assure compliance with the requirements stated in this quotation;

2) Be able to comply with the requirements of the City’s work, taking into consideration all existing business commitments;

3) Favorable references from firms with projects of similar scopes and indicate the Vendor has the ability to carry out the services specified:

Completed contracts in accordance with the Contract Documents.

Diligently pursued execution of the work and completed contracts according to the established time schedule unless extensions were granted by the owner.

Fulfilled Guarantee requirements of the Contract Documents.

Is not presently on an ineligible list maintained by the Wisconsin Department of Administration for noncompliance with equal employment opportunities and affirmative action requirements or for projects involving federal funds, not presently included on the "List of Parties Excluded From Federal Procurement and Non-Procurement Contracts" identifying federally debarred contractors.

4) Have a satisfactory record of integrity and business ethics;

5) Be otherwise qualified, licensed and eligible to receive the contract award under applicable laws and regulations.

VENDOR’S PERFORMANCE CAPABILITY: Prospective Vendor's performance capability will be evaluated.

This may include:

1) An evaluation of data on hand;

2) An evaluation of the data from other agencies, including references;

3) An optional on-site inspection of facilities;

4) Any combination of above.

TERM OF CONTRACT: The initial term of the contract shall be for 2 year(s) from the official notice from the City of approval of the contract. Upon mutual agreement, the City and Vendor may renew this agreement for 3 additional one-year time periods. A minimum of thirty (30) days notice must be given to renew the contract for additional increments. The City reserves the right to cancel any resulting agreement at any time with 30 day’s notice.

Any resulting purchase agreement, based on this RFQ, shall become the contractual agreement for the required services. Each section contained herein, any addenda and the response from the successful Vendor shall also be incorporated by reference into the resulting agreement. The authorization for the contract to begin will be upon City Council approval of the award, assuming any insurance and bonding

I:\DeptData\Finance\Purchase\QUOTE SUMMARIES\2020\#3241 Alcohol Beverage Service WLS\#3241 RFQ.doc 3/9/2020 requirements have been met. Similar services may be added and pricing for these services negotiated during the term of the contract.

Description of Services

The Park and Recreation Department has acquired a facility that will allow us to make available to the public an event location for parties, conferences and weddings. As part of the facility usage we are going to offer renters the ability to have alcohol available for consumption at their event. This service is to be done via a beverage service provided by a vendor selected by way of this RFQ.

The selected vendor will need to have the ability to provide a diverse quality (beer, wine, champagne, liquor, etc.) beverage service for the attendees at the WLS Banquet Facility. The vendor selected should have experience with accommodating groups up to 250 attendees. The vendor will need to have all applicable licensing, insurance and capabilities to provide all equipment, staff and beverages relieving the city of the responsibility and liabilities.

It is estimated in the first year of operation (2020) that there will be between 20-30 events. This is not to be construed as a guarantee and the actual number of events may be greater or less.

Vendor will be responsible for removal of all equipment and trash generated as part of their service at event.

All serving areas in which the vendor is responsible for as part of their service at the event will be cleaned and free of debris as specified by the on-duty Facility Manager.

Operational Requirements

1) The Vendor shall provide for all alcohol service requests whether from portable bars, trays, table service or self-service for all events held on the licensed premise of BBWLS.

2) The Vendor shall provide all personnel to set up and efficiently serve alcohol, and related non-alcoholic beverages for events located inside the BBWLS banquet facility.

3) The Vendor shall remove all equipment, inventory, and property owned by the Vendor and clean and return to storage all BBWLS property used during event service. Vendor shall be liable for any damage to property owned by BBWL caused by their staff.

4) The Vendor will provide a report of the total gross receipts collected from cash bar sales. All documents supporting total gross receipts shall be clearly dated, labeled and retained for audit purposes by the City.

5) The Vendor will provide to the City a copy of the invoice presented to the customer for all charged bar sales. This invoice shall have a unique invoice number and will be presented to BBWLS with the monthly statement and check.

6) The Vendor shall work toward maximizing the use of BBWLS facilities and to competitively bid on the alcohol beverage service needs of the users of BBWLS.

Quality of Service

1) The services provided by the Vendor shall be of the highest quality reasonably attainable.

The City retains the right to verify alcohol quality for all events.

2) All alcohol and non-alcohol beverages sold or kept for sale shall be first quality, wholesome and pure. All materials and equipment kept on hand shall be stored and handled with due regard for sanitation and in compliance with Public Health of Green Bay and Brown County, and State Health Codes.

3) Recognizing that successful performance of this Contract is dependent on favorable response from eligible users, the Vendor shall meet quarterly with the BBWLS staff to review operations and make necessary adjustments. The Vendor agrees to maintain good public relations with eligible users.

4) If the City is dissatisfied with any aspect of the Vendor's operation (including but not limited to its procedures, equipment, employees, service, etc.), the City shall give notice of such dissatisfaction and Vendor shall make itself available to City to meet for the purpose of discussing the nature of the dissatisfaction and arriving at a solution.

Consideration

1) The Vendor agrees to pay to the City as compensation for the rights herein granted percentages of its receipts and commissions derived from its alcohol and non-alcohol beverage sales on the BBWLS premises as a percentage of gross receipts as submitted to this RFQ.

2) For any event, bar staff time will be charged to the eligible user at the per hour rate proposed on the Price Proposal Sheet (Section D). This bar staff charge will be waived if gross receipts for an

I:\DeptData\Finance\Purchase\QUOTE SUMMARIES\2020\#3241 Alcohol Beverage Service WLS\#3241 RFQ.doc 3/9/2020 individual event, regardless of the duration of that event, are $300.00 (three hundred dollars) or above.

3) Gross Receipts: The term "gross receipts" for purposes of this Agreement means total receipts from gross sales, both received as paid and as accounts receivable, and for events of any time length as long as they are duly authorized by BBWLS Administration.

4) Payments: All payments due under this Agreement shall be by Vendor's check, payable to The City of Green Bay, and delivered to the Parks Department located in City Hall on or before the 15th day of the month following the last day of the month in which the commissions were earned or a payment schedule mutually agreed upon by the City entity and the Vendor. Also due not later than the 15th of the month will be a completed monthly report itemizing by date earned, all sales, cash, credit, and receivables, less attributable sales taxes to compute the total monthly amount due the City. The total amount due shall exactly equal the monthly check payable to City and any differences fully explained.

a. Payments not received by the City on the 15th day following the last day of the period in which it was earned shall be paid by the Vendor plus a non-compounding interest penalty equal to one and one-half percent (1.5%) of the monthly gross receipts for each month or part of a month past due.

b. Payment penalties: Any amount due more than 30 days after the date of termination shall be assessed a late payment fee, non-compounding, of one and one-half percent (1.5%) for each month or part of a month past due.

Permits and Licenses

1) The Vendor shall, at its own expense and cost, procure and keep in force during the entire period of the Agreement all permits and licenses required by law for the conduct of its operation.

2) The vendor will be awarded contingent upon their ability to secure a Class B (combination) on premise liquor license through the City of Green Bay as specified at https://greenbaywi.gov/264/Liquor-Sales.

3) Nothing contained herein shall be construed as binding the City to the issuance of any license or permit needed by the Vendor for the conduct of its operations hereunder.

4) In the event the City fails to issue to the Vendor any license or permit needed for the conduct of its operations under this Agreement, the Vendor may, at its option, terminate this Contract paying only those amounts which are due to the City for events which have already taken place. This shall in no way obligate the City for any contract breach the Vendor may be accused of by a third party.

5) In the event of termination or expiration of this Agreement by either party, it is mutually understood and specifically agreed that any and all permits or licenses issued by the City for operations at BBWLS shall be canceled or surrendered without further notice or hearing.

Exclusivity

1) The City hereby grants the Awarded Vendor the sole and exclusive right and the Awarded Vendor accepts the obligation to provide all bar service, table service, tray service and self-service of beverages with alcohol content on the licensed premise of BBWLS.

2) Limitation to Rights: No other rights are granted by this contract including, but not limited to, no right to the sale of any merchandise items are herein granted.

3) Soft Drink Vending: BBWLS may operate its own or contracted vending machines for soft drinks and juices.

Equipment and Improvements to be Furnished by Vendor

1) There will be ice on-site available to the Vendor. Vendor shall provide sufficient containers for storage of ice for its alcohol beverage service needs. It may, at its own option, sell or contribute ice to any other service vendors.

1) The Vendor shall not install any additional equipment or improvement, or remove or alter any equipment or improvement or furnishings, or alter the City premises without the written approval of the City. Temporary or portable equipment is acceptable if the installation of does not adversely impact any city equipment or furnishings. For example, a portable bar would be permissible.

2) The Vendor shall not remove any article or piece of equipment belonging to the City without the written approval of the City.

3) The City shall have the right to approve the number and location of all bars and location of storage space furnished for use by the Vendor. The Vendor shall acquire no rights to such locations once assigned, and the City may require the Vendor to move temporary stands and equipment to accommodate the needs of other users of BBWLS.

4) The Vendor shall provide disposable glassware (Glass is prohibited from all City of Green Bay park grounds) and related equipment and supplies of the highest quality reasonably attainable for events https://greenbaywi.gov/264/Liquor-Sales

I:\DeptData\Finance\Purchase\QUOTE SUMMARIES\2020\#3241 Alcohol Beverage Service WLS\#3241 RFQ.doc 3/9/2020 and gatherings. Beer in bottles shall be poured by Vendor staff into disposable glassware prior to serving to customer. Liquor and Wine bottles shall be permitted and only handled by Vendors staff.

5) The Vendor shall provide all necessary serving utensils and containers, linens, skirting, and any other items necessary to properly conduct its service.

6) The Vendor shall furnish a proposed schedule of prices, portion sizes and quality delineations for all beverage service items. The schedule must be approved in writing by the City.

Further, the grade, quality, and prices of said products shall not be altered without prior written approval of the City.

7) BBWLS presently have a stock of tables and chairs sufficient for most anticipated uses.

These tables and chairs will be provided at no cost to the Vendor when not previously committed to another use, with the express consent of the on-duty Facility Manager. When there is not sufficient supply to cover the needs of the Vendor for a particular event, it will be the responsibility of the Vendor to secure and pay for necessary tables and chairs

8) Any and all temporary bars which may be required shall be of first class quality

9) For the term of this Agreement, the City shall furnish without charge to Vendor all electricity and water utility service and refuse disposal services.

10) There shall be limited unsecured space for Vendor to store items on-site. At no time shall Vendor put locks on these spaces without written consent from the City. All other property owned by Vendor shall be removed from the premise after each event, unless there is written consent from BBWLS Staff.

11) Vendor shall not permit any waste, injury or damage upon or to the BBWLS premises or its equipment and appurtenances that are under the control of Vendor nor injury or damage by persons or person that are reasonably under the control of Vendor. At the expiration of this Agreement, Vendor shall ensure that BBWLS equipment and appurtenances are in the same condition as they were at the outset of the Contract term, excepting only normal wear and tear as determined by the City.

12) Vendor shall not erect, neither maintain nor keep at BBWSL any structure of any kind, whether temporary or otherwise, except with prior written consent of the City. The Vendor shall not make any structural alterations in or additions to the premises, nor post any signs or decorations upon any part of the BBWLS premises nor permit signs or decorations to be posted for advertising of goods of any nature on BBWLS premises without prior written permission of the City. The Vendor agrees that the City shall not be held responsible for any damage or loss to any of the Vendor’s property, or any of its employees’ or volunteers’ property, while engaging in activities covered by this Agreement, whether the damage is caused by the City, its employees, contractors or others.

13) Nothing herein contained shall be held to limit or qualify the right of the City to a free and unobstructed use, occupation and control of the BBWLS and ingress and egress for itself, its permitted users and the public.

14) Anything herein to the contrary notwithstanding, the parties hereto shall not be liable or responsible for any failure to furnish or perform the services called for by this Agreement occasioned by strike or other work stoppage, or for the act of any other government agency or public utility. Nor shall the parties be liable or responsible for failure to furnish such services due to breakdown or failure of apparatus, equipment or machinery employed in supplying the said services due to any temporary stoppage for the repairs, improvement or enlargement thereof, or due to conditions beyond its reasonable control. Vendor agrees to utilize its best efforts to immediately correct breakdowns or failures.

Maintenance and Cleaning

1) The Vendor, at its expense, shall keep all areas and equipment used in its operations in a clean, sanitary and orderly condition to the satisfaction of the City and shall promptly dispose of refuse in areas designated by the City.

Vendor Employees

1) Vendor's employees shall have access to and be admitted in accordance with regulations as may be established for the proper operation of BBWLS. The Vendor shall furnish the City, upon request, the names of all Vendor personnel working on the premises and provide for the issuance of pass and work identification at no expense to the City.

2) Employees of the Vendor shall at all times be neatly and cleanly dressed in a uniformed manner acceptable to the City, at no expense to the City, and must meet all sanitary standards prescribed for restaurant employees. Employees shall wear identification tags provided by the Vendor in a plainly visible fashion. Employees' uniforms shall be devoid of advertising.

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3) Employees shall at all times reflect personal cleanliness. Unkempt and unclean employees will not be tolerated. The Vendor shall train and closely supervise all employees so that they are aware of and habitually practice the high standard of cleanliness, courtesy and service required.

4) Vendor or its authorized representative, which shall be at least a supervisor, shall be present at all times during the Vendor's operation of alcohol beverage service at BBWLS.

5) Vendor's employees shall at all times be polite and courteous in their dealings with BBWLS patrons and staff. Such employees shall not, either by act or language, offend or unreasonably disturb patrons and spectators or interfere with a program or event in progress.

6) The City may recommend that the Vendor discipline an employee, or may request the removal of a Vendor employee from implementing or partaking in any responsibilities related to this Contract.

7) Vendor agrees that its employee’s are not eligible for unemployment compensation benefits or worker’s compensation benefits through the City. To the extent unemployment benefits or worker’s compensation benefits may be available to Vendor’s employees, Vendor agrees it will pay any benefits due or any compensation assessed by the State of Wisconsin Unemployment Division or the State of Wisconsin Worker’s Compensation Division.

Scheduling and Availability

1) These events will require close cooperation and coordination between BBWLS designated contact and the Vendor. The Vendor shall consider such coordination his/her work. The Vendor shall be responsible for scheduling with BBWLS designated contact.

2) Vendor shall be required to provide service for all requested events, and shall provide adequate staffing for such events. If Vendor is unable to provide services, written justification shall be provided to the City. Being unable to service events may lead to the termination of the contract.

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City of Green Bay

QUOTATION PRICING & SIGNATURE PAGE – RFQ #3241

The undersigned, on behalf of the Vendor, certifies: (1) this offer is made without previous understanding, conflict of interest, agreement or connection with any person, firm, or corporation making a quotation on the same project; (2) is in all respects fair and without collusion or fraud; (3) the person whose signature appears below is legally empowered to bind the firm in whose name the quotation is entered; (4) they have read the complete Request for Quotation and understand all provisions and fully understanding the local conditions affecting the cost of the work, hereby proposes to furnish all labor, materials, tools and equipment to perform the work required by the proposed purchase contract documents referred to therein (as altered, amended or modified by addenda); (5) if accepted by the City, this quotation is guaranteed as written and will be implemented as stated; and (6) mistakes in writing of the submitted quotation will be their responsibility.

Line Items Payment to the City

The portion of gross receipts from sales less than $500 in a single month

The portion of gross receipts from sales between $500.00 and $1,000.00 in a single month

The portion of gross receipts from sales greater than $1,000.00 in a single month

Bar Staff per Hour Rate $ /hr

For any event, bar staff time will be charged to the eligible user at the per hour rate listed above. This bar staff charge will be waived if gross receipts for an individual event, regardless of the duration of that event, are $300.00 (three hundred dollars) or above.

The MINIMUM percentage that will be accepted shall be 10% of gross receipts.

Questions:

1. Is your company permitted or have the ability to be licensed to serve alcohol in the State of Wisconsin?

Yes______ No______

2. Do you have, or can get access to, all necessary equipment to serve events with up to 250 patrons as outlined in 2.9?

Yes______ No______

3. Has your company ever had any infractions with unsanitary conditions or lost your liquor license?

Yes______ No______ If yes, please explain:

4. Does your company issue uniforms and identification tags for all employees, devoid of advertising?

Yes______ No______

5. Is your company able to maintain records of transactions and associated revenue separate from all other operations in an easily accessible format?

Yes______ No______ If so, what format are these records kept?

Format: ________________ Please provide a list of beer, wine and drink prices you would charge. Include domestic and imported beers and top-shelf/call vs. generic/bar liquor. Also list drink limitations – types of drinks you will not make.

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VENDOR’S SIGNATURE & INFORMATION:

Vendor Full Legal Name:

Complete Address, City, ST, Zip:

Bidders Contact Name & Title (Type or Print):

Authorized Signature:

Phone # & Fax#:

Date:

Taxpayer I.D. Number:

E-mail address:

Interested in doing business with the City? Register at NO CHARGE http://www.demandstar.com to access opportunities at the City.

ADDENDA - It is Vendor’s responsibility to check for issuance of any addenda. The undersigned hereby acknowledges receipt of the following addenda:

Addenda Number: __________ Date: _________ Addenda Number: __________ Date: __________

Vendor shall complete & submit the following required documents:

1. Quotation Pricing & Signature Page - Page 12

2. References – Include a list of at least three references- Page 13

REFERENCES: Vendors are to include a list of THREE (3) customers to be used as references.

These references should be current customers utilizing services similar to those requested. The City may make such investigation as is necessary to determine the ability of the Vendor to fulfill service requirements. If you are currently working with the City of Green Bay, just list your City contact person’s name & phone number below.

1. Company Name:

Address:

Telephone:

Contact Person:

E-mail address:

Product(s) and/or Service(s) Used:

How long have you been working with this company?

2. Company Name:

Telephone:

Contact Person:

E-mail address:

3. Company Name:

Telephone:

Contact Person:

E-mail address:

http://www.demandstar.com/