REQUEST FOR PROPOSAL (RFP) FOR BRZ1227 - FOOD & BEVERAGE CONCESSION AT THE FAIR PARK GROUNDS

PARK & RECREATON DEPARTMENT CITY OF DALLAS DALLAS, TX

SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS INSTRUCTIONS FOR BID SUBMISSIONS 1. Sealed proposals should be addressed to the Business Development & Procurement Services, City of Dallas, City Hall Room 3FN, 1500 Marilla, Dallas, TX 75201. The proposal submitted is for the operation of the portable food and beverage (non-alcoholic) concession stands, and other items as approved to serve the public at the Fair Park grounds in the City of Dallas, TX hereinafter called City. Proposals in accordance with the advertised specifications and the contract documents shall be received until 2:00PM on the _11th__ day of __April_, 2012. One (1) original and seven (7) additional copies of the proposal must be delivered to the Business Development & Procurement Services, 1500 Marilla, 3FS, Dallas, Texas 75201. Any proposals received after the closing date and time will be returned unopened. The City reserves the right to reject any or all proposals and to waive any irregularities in order to award the contract in the best interest of the City. Interested parties must submit their proposals and be willing to enter into a five (5) year agreement with the City of Dallas. All proposals information submitted shall be easily identifiable the use of tabs to separate documents Proposer shall identify the proposal on the outside of the envelope by writing the words: BRZ1227 - RFP for Food & Beverage Concession Service at the Fair Park Grounds 7. All proposers shall complete and submit the Business Inclusion and Development (BID) Plan forms attached to this RFP. The BID packet also include an overview of the City's program and participation goals established by the Dallas City Council. It is the policy of the City of Dallas to involve Minority and Women Business Enterprises (M/WBEs) to the greatest extent feasible on the Citys construction, procurement and professional services contracts. The successful Proposer shall acknowledge and warrant they will honor and comply with the City of Dallas Business Inclusion and Development (BID) Plan documents contained in the RFQ package. Assistance with any of the BID documentation or the listing of minority business enterprises may be obtained by contacting Lisa Alonzo at 214-243-2131 or by sending an email to her at this address - lisa.alonzo@dallascityhall.com.

2. 3. 4. 5. 6.

DEFINITION OF TERMS AND ABBREVIATIONS Proposer: Any person, persons, partnership, company, firm, association or corporation acting directly or through a duly authorized representative submitting a proposal for the contemplated services. Proposal: The written statement or statements duly submitted to the Purchasing Agent of the City of Dallas, by the person, persons, partnership, company, firm association, or corporation intending to perform the services. City: The City of Dallas, Texas acting by and through (a) its governing body, or (b) its City Manager, each of whom is required by law to perform specific duties. Responsibility for final enforcement of contracts involving the City of Dallas is by authority vested in the City Manager. City Attorney: The City Attorney of the City of Dallas, Texas or his duly authorized assistants or agents.
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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS City Council: The elected governing body of the City of Dallas, Texas, as established in the City Charter. City Manager: The City Manager of the City of Dallas, Texas, as that term is used in the City Charter, or his duly authorized assistants or agents. Contract: The written agreement covering the performance of the services. The contract includes the specifications, including special provisions, the bid, and any supplemental changes or agreements pertaining to the service or specifications. Gross Receipts: All monies paid or payable to the Contractor for sales made or services rendered to or from any other source related directly or indirectly to the food and beverage contract, whether collected or uncollected, whether for cash or credit; provided, however, that any sales taxes imposed by local, state, or federal law which are separately stated and paid by a purchaser of any item sold by the Contractor or any other authorized service or activity of the contractor and directly payable to a taxing authority shall be excluded from the computation of gross receipts. Revenue: Amount payable to the City to be proposed by proposer which shall be a percentage of gross revenue less sales taxes. Manager: The senior Fair Park Manager of the City of Dallas, Texas, or duly authorized assistants or agents as distinguished from the City Manager and Contractors Manager. Whenever the term Manager is used without further clarification, it shall mean the senior Fair Park Manager or a designated, authorized representative(s) only. M/WBE Participation & Business Inclusion & Development Plan: A plan adopted by the City of Dallas to increase participation of minority/women owned businesses in all City contracts. Evaluation Committee: A committee approved by the City Manager to review the qualifications of the proposer and responsiveness of the proposals based on published criteria. This committee will be composed of no less than five members. Specifications: The directions, provisions and requirements contained herein pertaining to the method and manner of providing the services or to the quality of the materials and equipment to be furnished under the contract. The Services: All services, including the furnishing of labor, materials, equipment, and incidentals to be performed by the Contractor under the terms of the contract.

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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS SPECIFICATIONS FOR PORTABLE FOOD & BEVERAGE SERVICES - FAIR PARK GROUNDS I. GENERAL SCOPE: The City will award a contract BY THEMED LOCATIONS to the most advantageous proposer(s), for the term of five (5) years. The contract shall be for portable food and non-alcoholic beverage stands and other items as required and approved by the Manager. Food preparation and cooking is allowed on site, provided the necessary health permits are obtained and the stand generates its own power. The stand must be self contained, on wheels and easily relocated. No electrical, water or gas utilities will be made available. Alcohol sales are not permitted. THE CONTRACTOR SHALL BASE THE REVENUE ON A COMMISSION FEE OF GROSS SALES LESS SALES TAX Food and beverage services should consist of offerings that are easily consumed on the grounds. A sample list that is not intended to be all inclusive is as follows: pretzels, hamburgers, sandwiches, pizza, quesadillas, cotton candy, popcorn, cupcakes, coffee, soft drinks, snow cones, hot chocolate, etc. Five (5) themed approaches are being considered for each location and are Tex-Mex, Asian fusion, Italian, All American and Frosty Treats. The portable stand cannot exceed 150 square feet of space. The outdoor areas assigned are to be used solely for the conduct of the described food and beverage services, and the areas to be occupied by the Contractor shall be subject to increase or decrease from time to time. These specifications will become part of the food and beverage contract and be binding upon the parties hereto. Contractors will NOT be allowed to operate at Fair Park during the period of the State Fair of Texas. During the move-in (60 days prior to the opening of the Fair) and move-out (30 days after the closing of the Fair) operation of the portable concessions is subject to State Fair approval. There are other food and beverage concessionaires at Fair Park that have contracts to service events in specific buildings. These concessionaires have no rights to outdoor space; however, a Fair Park client leasing outdoor space may choose to utilize one of these concessionaires for their outdoor concession stand needs. Contractors for this bid may or may not be invited to operate their stand inside the footprint of a special event at Fair Park. It is the choice of the event promoter who is leasing the area. Contractors for this bid may be allowed to set up their portable stands outside the footprint of a special event if, in the opinion of the Manager, their operations do not impact egress or ingress to the event footprint. II. FAIR PARK ACTIVITIES: Fair Park is endeavoring to bring a broad range of events to its facilities. Its goal is to have as many event days a year in actual operations as possible and on some days to have multiple events. III. PRE-PROPOSAL CONFERENCE / SITE VISIT: Prospective proposers will have an opportunity to view the spaces designated for the operation of food and beverage services and to have questions answered about the RFP requirements. All prospective proposers are to attend the Pre-proposal Meeting / Site visit at Fair Park, Tower Building, 3809 Grand Ave, Dallas, TX on 03/28/2012 at 11:00 AM. Attendance is not mandatory but highly recommended since this will be the only opportunity to view the facility and talk with the end-user. No other Pre-Bid Meetings will be held.
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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS Prospective bidders shall visit Fair Park personally to inspect the outdoor area that is dedicated to the operation of the food and beverage services and to familiarize themselves with Fair Parks opportunities. Guided tours will be offered at the pre-proposal conference. Diagram showing the areas are attached as Attachment B. A site visit can be scheduled to allow prospective vendors an opportunity to tour the designated areas for vendors. Any proposals received after 2:00 PM on 04/11/2012 will be considered late and non-responsive and returned to the applicant unopened. During your review of the RFP and preparation of proposals, proposer(s) may discover certain errors, omissions or ambiguities. If this is the case, or if the meaning of any part of this RFP is unclear, Proposer(s) shall submit written questions to the buyer listed below in time to allow the City to answer the questions and distribute written responses to all proposers before the proposal due date and time. All inquiries shall be directed in writing to the City of Dallas, Business Development and Procurement Services Department. The requesting City department staff is instructed NOT to discuss this RFP with the Applicant(s). The Business Development and Procurement Services Department will make all necessary arrangements for direct contact with other City departments, if required. If assumptions are made about the meaning or accuracy of any part of this RFP, the proposer(s) must state that in the Proposal. If the Applicant does not ask questions or clarify any assumptions, the City will assume Applicant(s) understand(s) the Citys requirements and that the Proposers offering will meet those needs at the price stated. Do not rely on oral instructions or clarifications. The City of Dallas official position will be issued in writing by the Business Development and Procurement Services Department. If necessary, a written addendum will be posted on the vendor self-service website of the City www.bids.dallascityhall.com. It shall be the vendors responsibility to check for updates on this website. Please direct your inquiries to: Moses Aito moses.aito@dallascityhall.com 214-670-3332 Last day to submit questions is 03/30/2012 at 10:00AM IV. PROPOSERS QUALIFICATIONS & SUBMITTALS: A. The qualifications as set forth herein are designed to establish experience and quality criteria with which the proposer demonstrates his capability to provide high quality food and non-alcoholic beverage service in a setting similar to the Fair Park. 1. Experience in operating similar type food and beverage services in an outdoor setting. Operating experience and reputation for quality of food, service and cooperation with the ability to adequately staff the stand with qualified personnel. Ability to begin operations no later than the commencement date of the contract;

2.

3. Demonstrated ability to maximize gross receipts potential from comparable venues; 4. The ability to provide on site, experienced, professional management and support services to insure a quality program satisfactory to the Evaluations Committee and the City Manager.
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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS 5. The ability to secure all licenses and permits such as required by Federal, State and local laws. B. To provide information with regard to these minimum qualifications, each proposer shall submit the following with their submittal: 1. Evidence in the form of writing that: a. Proposer has a minimum of three (3) years experience in operating similar type food and non-alcoholic beverage in places of public assembly such as parks, stadium parking lots, or street fair citing the number of years and the locations at which such operations were conducted or an outline of equivalent experience. Proposer has the ability to begin full operations no later than the commencement date of the contract. Proposer commits to utilize only environmentally friendly cups, plates, bowls, cup lids, utensils and straws. Proposer has an equivalent combination of experience requirements, giving full information thereof.

b. c. d. 2.

Each proposer shall provide literature, brochures, or other written materials that describe the operations of the firm that may be useful in determining the operating experience and reputation for quality and cooperation of the proposer and ability to begin operation as noted. Each proposer shall list any contracts they had with public assembly facilities for the purpose of providing food and beverage service that were terminated during the last five (5) years. Proposers shall also disclose the reason for the termination of those contracts, any lawsuits that resulted from the termination, and status and nature of those lawsuits. Each proposer shall disclose any current litigation they are a party to which involves similar type contracts as the one being proposed as of the last five (5) years. Failure to disclose any such information will be a material defect in the proposal. The proposer shall disclose any contracts terminated or in default. Each proposer shall submit proposed staff schedules and manning charts of the resident management and staff. Each proposer shall submit details for proposed sales, marketing, and promotional programs for the term of the agreement. No bid will be accepted from, or contract awarded to, any person, firm or corporation that is in arrears or in default to the City for any delinquent taxes or assessments or on any debt or contract, whether as defaulter or bondsman; or who has defaulted upon any obligation to the City by failing to perform satisfactorily any previous agreement or contract within the past seven years. *NOTE: Failure to provide or disclose pertinent information on numbers 6 7 above may result in bid being considered non-responsive.

3.

4.

5. 6. 7.

8.

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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. C. Each proposer shall provide evidence of off-site kitchen facilities, if any, that may be utilized to provide food prep. Each proposer shall submit a sample menu and suggested price schedule of items to be offered. Operational sanitation practices for similar facilities/areas in which the proposer operates. Name of manufacturer of food products, types of food products, manner of preparation, packaging and sale of food products. The name and basic features of the accrual accounting system to be used. Reports shall be available in MS Excel format. Texas Sales Tax resale certificate. Proposed hours of operations Requirement for obtaining food handlers certificate and or health permit. Proposed revenue to the City which shall be a commission fee of gross sales less any applicable tax. Submission of a visual (picture/literature/layout) of the self-contained stand on wheels.

The Park and Recreation Board, and the City Council, City Manager and Evaluations Committee may require such other information as deemed necessary to ascertain the qualifications of the proposer. The decision of the City as to the acceptable qualifications of the proposer shall be final.

D. V.

CONTRACT INFORMATION & AWARD: Each proposal must be typed and submitted in one (1) marked original and seven (7) copies. The submission shall be transmitted with a cover letter signed by the submitting Proposer's authorized representative identifying its interest in serving as agent for this proposal, identifying general contents of the transmittal and identifying the name, address and telephone number of the firm's contact person for the submission. The contract will be awarded to the proposer that is the most advantageous to the City for the term of five (5) years. Members of the Evaluation Committee will make a selection based on the following criteria: REVENUE TO THE CITY OPERATIONS PLAN INCLUDING QUALITY OF FOOD & SERVICE DEMONSTRATED EXPERIENCE MARKETING AVAILABILITY OF RESOURCES A. - 35 POINTS 25 POINTS 25 POINTS 10 POINTS 5 POINTS

If it is necessary to conduct interviews, City will schedule them and notify selected Proposer accordingly. Those selected will make in-person presentations to the Evaluation Committee. Each Proposer may update any changes made to the original proposal. From those

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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS presentations, and using the evaluation criteria attachment, the Evaluation Committee will make its recommendation. B. C. VI. Contractor may not qualify its proposal by including an escalator (such as for inflation). The City reserves the right to seek any additional information that would be appropriate to consider in the award.

EQUIPMENT AND MAINTENANCE: A. The Contractor shall adequately furnish, install, make all necessary improvements, and maintain at his own expense, all furnishings and equipment necessary, in the opinion of the Manager, for the operation of this food and beverage service. All installations and improvements must be self contained and completely portable, ready to be moved on short notice (within one hour). There will be no overnight storage of any kind. All stands, products, equipment must be removed each evening no later than 10PM. The portable stand cannot exceed 150 square feet of space. Those items to be purchased and installed by the Contractor shall be of a type and class approved by the Manager and in sufficient quantities to provide proper service to the patrons of the park. Maintenance, repair, alteration, and replacement of all equipment and furnishings during the contract shall be at the expense of the Contractor. All alterations and replacements of equipment and furnishings shall be approved by the Manager. Any and all temporary food and beverage stands/bars shall be of first class quality. Final approval of design, dcor and location rests with the Manager. Bidders shall submit with the bid a tentative list of items of equipment and furnishings that he intends to provide in compliance with this section and the costs thereof. In particular, the bid submitted by the bidder shall describe in detail the procedure planned to implement the recommendations. The Contractor recognizes and understands that no liens may be secured against public property as a matter of law, and agrees to keep the premises and all fixtures and purchased property located thereon free from any and all claims or purported liens arising out of any work performed, materials furnished, or obligations incurred by the Contractor, its on site management, employees, and subcontractors, and shall reimburse the City for any attorneys fees incurred in the defense of proceedings to enforce or foreclose such liens including actions brought by the City to remove any such unlawful liens.

B.

C.

D. E.

F.

VII.

QUALITY OF SERVICE: A. It is the intention of Fair Park that its food and beverage service be of the highest quality attainable. All food and beverage areas shall be kept clean, orderly and sanitary at all times and in strict accordance with all applicable laws, ordinances, rules and regulations. All foods, drinks, beverages, confections, refreshments and the like sold or kept for sale shall be first quality, wholesome and pure and shall conform in all respects to the Federal, State and municipal food and other laws, ordinances and regulations. No imitation, adulterated, or misbranded article shall be sold or kept for sale. All merchandise kept on hand shall be stored and handled with due regard for sanitation. Leftover perishable product shall not be sold at any time.

B.

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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS C. All products kept for sale shall be subject to inspection and approval or rejection by the Manager and duly authorized representatives of appropriate governmental agencies. Concession stands may be visited at any event by secret shoppers and rated on food quality, freshness, and customer service. The contractor will be provided with the findings following the event. An overall rating of unsatisfactory will be considered a violation of the contract. The Manager shall have the right to reject the character of service and require that undesirable practices be discontinued or remedied. Failure of the Contractor to take appropriate action after notification from the Manager may result in the cancellation of the contract. All drinks must be served in plastic bottles, or individual compostable cups. All containers of liquids or ice must be self contained and not allowed to leak on the ground. The Contractor shall constantly endeavor to improve the operation with a view toward developing maximum gross receipts potential and service to Fair Park patrons. The Contractor will be responsible for the cleaning and sanitation of all food service production, storage and service areas including equipment, floors, walls, ceilings, and shelving. The Contractor will also be responsible for cleaning and maintenance of shelving. Food preparation may be conducted at Fair Park or off site provided the Contractor meets all food handling guidelines from the City Health department. Grease removal will be conducted to avoid collection spillage. Grease removal will be arranged at the Contractors expense.

D.

E.

F. G. H. I

J K VIII.

OPERATING CONDITIONS: A. The City or Fair Park shall not be responsible for loss or damage resulting from a power failure, flood, fire, explosion and/or any other cause beyond its reasonable control to the contractors owned inventory, supplies, goods, merchandise or equipment that is brought to Fair Park, nor the contractors employees personal belongings brought to Fair Park. Location of all food and beverage stands shall create no rights to such locations once assigned, and Fair Park Management reserves the right to require the Contractor to move temporary stands and equipment when needs of other events require the use of the space. Fair Park will not be responsible for transporting equipment to the necessary locations. Anything herein to the contrary notwithstanding, Fair Park shall not be liable or responsible for any failure to furnish the services set forth above occasioned by strike or other work stoppage; federal, state or local government action; breakdown or failure of apparatus, equipment or machinery employed in supplying the services; any temporary stoppage; federal, state or local government action; breakdown or failure of apparatus, equipment or machinery employed in supplying the services; any temporary stoppage for the repair, improvement, or enlargement thereof or any act or condition beyond its reasonable control.

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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS D The Contractor shall furnish at its own expense all common and skilled labor for the setting up and dismantling or moving of temporary refreshment stands to such locations as may be assigned by the Manager. Vending machines shall not be used, except with the prior approval of the Manager. The Contractor agrees that nothing in the specifications shall be construed as to prohibit a contractor of Fair Park from exhibiting any merchandise or article in connection with the exhibit or other type of event, or from dispensing free samples of merchandise. Such sampling shall be subject to the approval of the Manager. The Contractor shall have the food and beverage service open and in operation a reasonable time before, during, and after all agreed upon days and times as determined by the Manager. The publics rights shall not be infringed upon by any activity of the Contractor or any of his employees. The activities of the Contractor shall be such as to render service to the public in a dignified manner, and no pressure, coercion or persuasion shall be used by the Contractor in an attempt to influence the public to use the services or product of the Contractor. Hawking will not be permitted, except as approved by the Manager. All food and beverage sales shall be conducted and operated under the supervision of the Manager and shall in no way interfere with the orderly conduct of any event. The sales shall be conducted at such times and from and at such locations as designated by the Manager, and for such purposes, and no vendors will be permitted to circulate throughout the premises for the sale of any merchandise, except with the written permission of the Manager. Neither the contractor nor his employees shall distribute campaign or political literature or any literature of any kind at any time in or on the premises of Fair Park. The City reserves the right to direct the Contractor to partially or completely suspend service during those events with which full Contractor operations may be incompatible as determined by Manager. Nothing herein contained shall be held to limit or qualify the right of Fair Park Management to a free and unobstructed use, occupation and control of the grounds and ingress and egress for itself, its lessees and the public. Representatives of the City shall have the right to enter upon and have access to spaces occupied by the Contractor during the time when the Contractors employees are present. No cash/credit card sales of food and beverage will be allowed without electronic cash register documentation.

E F

K IX.

CLEANING AND MAINTENANCE: A Contractor shall be responsible to pick up, clean up and dispose of all litter at all space assigned or used in operation. Contractor shall also clean and keep food and beverage areas free of debris. The Contractor shall keep neat, clean and in a sanitary condition all premises and the surrounding areas used by the Contractor during the term of the contract. Snack stands and related food and beverage areas shall be cleaned thoroughly each day during and after an event. Laws, ordinances, and regulations of all governmental bodies pertaining to the operation of food serving establishments shall apply and be complied with by the Contractor.

B.

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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS C. Waste foods and supplies shall be kept in closed containers until removed from the Majestic. Such removal shall be made during and after each day of operation. Fair Park dumpsters may be utilized if desired for disposing of trash. The entire area, except permanent seating areas within a radius of twenty-five feet of each stand, commissary and work area, shall be kept clean and free from all rubbish by the Contractor. The Contractor shall keep such twenty-five foot radius of each stand and other food and beverage areas free and clean from all debris. The Contractor is responsible for professional cleaning and removal of grease on a regular basis as needed. The Contractor shall not make any alterations in/ or additions to nor post any sign upon any part of said premises or permit signs to be posted for advertising of goods of any nature on said premises or on vendors person or equipment without prior written permission of the Manager.

D.

E. F.

X.

CONTRACTOR EMPLOYEES: A. The Contractor shall authorize a reasonable number of employees who shall be permitted entry to the park. Fair Park Management reserves the right to deny entry for good cause to any person employed by the Contractor in the exercise of the food and beverage contract. Contractor employees shall at all times be neatly and cleanly uniformed at the expense of the Contractor. Uniforms for employees shall be of a standard style and subject to approval by the Manager. Contractor shall meet the standard sanitary codes prescribed for restaurant employees. All employees shall be supplied with clean clothes and hats, as needed, devoid of advertising, unless approved in advance by the Manager. Identification badges must be worn at all times. Accurate records shall be kept of the names and addresses of those to whom such badges are issued to assure proper identification of employees at any time required by the Manager or any other authorized agency. Contractor employees shall maintain personal cleanliness at all times. Unshaven, unkempt and unclean employees shall not be permitted. All employees will wash completely before being permitted to handle food. Contractor will immediately remove any employee not meeting these standards when directed by the Manager. Unless the Contractor personally operates the food and beverage, the Contractor shall employ a manager who is satisfactory to the Manager at all times during the operations. If at any time the Manager finds that the contract manager or alternate is unsatisfactory, the Contractor shall within ten (10) days replace the manager or alternate with one who is satisfactory to the Manager. The criteria for determining that a manager is unsatisfactory is listed below in E, F and G. Contractor employees shall be polite and courteous in their dealings with patrons of Fair Park at all times. Contractor employees shall not unreasonably disturb or offend patrons and spectators or interfere with the program or event in progress. The Manager shall be the sole judge in the determination of such matters. The Contractor shall not employ any person or persons in or about the building who uses improper language or acts in a loud or boisterous manner, and shall upon request of the Manager, immediately dismiss any employee deemed unsuitable. Any employee so dismissed shall not be employed again by the Contractor at Fair Park. The Contractor

B.

C.

D.

E.

F.

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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS shall immediately recover the identification badge of any dismissed employee before that person leaves the park. G. The Contractor shall train and closely supervise all concession employees so that they are aware of and habitually practice the high standards of cleanliness, courtesy and service required. The Contractor shall comply with all laws (State or Federal), and local ordinances, as they may relate to employment practices. The Contractor must comply with the City of Dallas policy to provide a drug and alcohol free workplace environment. Any employee found under the influence of drugs and/or alcohol must be promptly removed from the workplace.

H. I.

XI.

PRICE AND QUALITY OF MERCHANDISE: A. As a matter of general policy, prices shall not be higher than those charged at comparable restaurant, bars and snack stand facilities in the Dallas area for the same quality merchandise. Prices shall be posted on displays on all stands and vendor equipment. All prices finally adopted will require the approval of the Manager. The Manager and the Contractor shall periodically review the general price structure of all commodities sold and may, by agreement in writing with the approval of the Manager, for good cause, increase or decrease the maximum price or size of any article or articles offered for sale. If the Contractor desires to offer for sale any article not included in the price schedule, menu and non-alcoholic beverage list, then the Contractor may be allowed to do so after first obtaining written approval of the Manager to sell such articles. In such case the Manager shall approve the maximum price or prices at which said articles may be offered for sale. If the Contractor desires to substitute any article listed in the schedule, written approval shall be obtained from the Manager as to the quality, amount and maximum price of such substitute article. All products kept for sale shall be subject to inspection and approval or rejection by the Manager during all times that the food and beverage service is in operation. Rejected merchandise shall be immediately removed from Fair Park and shall not be returned for sale. The Manager may require Contractor to sell and feature certain brand products required by advertising agreements between the City and a manufacturer. At this time, there is no such agreement in place at Fair Park. No product of inferior quality will be permitted and all items to be sold will require the written approval of the Manager. This requirement shall not be deemed to require the Contractor to rely exclusively on one seller or manufacturers items, but several manufacturers or sellers may be used or the Contractors original source may be changed in the interest of quality and competition.

B. C.

D.

E.

F.

G.

XII.

INSURANCE: A. The successful bidder will be required to purchase and maintain, during the term of the contract, insurance as described in Attachment A and agrees to the indemnification agreement therein.

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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS XIII. FOOD AND BEVERAGE RECORDS: A. The Contractor shall keep full and complete records of food and beverage operations satisfactory to the City, including original invoices of all items brought on the premises. Contractor shall submit a sales statement with the settlement of all sums due. No materials shall be brought on the premises without such invoices. Contractor shall not permit any employees (with the exception of roving vendors) to make change from pockets of clothing in the food and beverage areas. Fair Park and the City shall have the right at all times to examine books, papers and records of the Contractor relative to the gross sales, invoices to support the gross sales, and all aspects of the food and beverage operations pertaining to the Fair Park. The Contractor shall keep all books and records, including credit card sales, pertaining to the food and beverage operation at Fair Park or in an office within the City of Dallas for the entire contract period for all items that the City reimburses the Contractor. The Contractor shall assist the City in obtaining access to the books and records of suppliers used by the Contractor, related to products and services purchased for this contract. The Contractor shall also be required to submit other financial statements pertaining to the food and beverage operations that may, from time to time during the term of the contract, be required by the Manager. The Contractor shall establish a separate commercial account at a local bank acceptable to the Manager, diverse from any other accounts, which shall be exclusively used for all receipts and disbursements involved with Fair Parks food and beverage operations. The Contractor will use accrual accounting methods. The Contractor shall utilize a computerized cash system that provides a printout of individual transactions and a summary of such transactions.

B. C.

D.

E.

F G. XV.

PAYMENTS: A. Within five (5) working days following the end of each month, the contractor shall pay the City of Dallas the percentage of gross sales, less sales tax. Each payment shall be accompanied by a complete report detailing the business transactions (revenues received) on a standard form to be approved by the City. The City shall have the right to audit records of sales at any time. There shall be included with each payment a daily sales report for the reporting period. The contractor agrees to pay to the City a late payment penalty equal to ten percent (10%) of the total amount due to the City for all payments that are not received by the due date. If all monies are not received within five (5) days following the end of each month, the contractor, at the Citys option, may not be allowed to do business in Fair Park until such time as all payments are received. Payments should be made by check or money order and made payable to the City of Dallas and shall be forwarded to the Fair Park Business Office unless otherwise directed in writing by the Manager. Contractor agrees to provide and utilize an electronic cash register with a Z key reading capability and approved by the Manager for all sales in each stand and or restaurant.

B.

C.

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SPECIFICATIONS FOR BRZ1227 FOOD & BEVERAGE CONCESSION SERVICE AT FAIR PARK GROUNDS XVI. NOTICES: A. B. All notices required to be given to the Majestic shall be mailed or delivered to the Manager at 3809 Grand Ave, Dallas, Texas, 75201. Notices to be given the Contractor will be presented to the Contractor's on-site manager or mailed to the address indicated in the proposal, unless the Contractor shall notify the Manager in writing of a change of address.

XXVI.

DEFAULT BY CONTRACTOR: A. In the event that the Contractor fails to perform, keep and observe any of the terms, covenants and conditions of the contract to be performed, the City shall give the Contractor written notice of such default; and in the event said default is not remedied to the satisfaction and approval of the Manager within thirty (30) days of receipt of such notice by the Contractor, the Contractor may be declared in default and all of his rights hereunder shall terminate. At the discretion of the Manager, the Contractor shall vacate the Fair Park and shall have no right to further operate the food and beverage operation at the Fair Park. Within forty-eight (48) hours after termination of the contract under this section, the Contractor, under the supervision of the Manager, shall remove all equipment and supplies to which he is properly entitled, as specified herein. The Contractor, in accepting the Contract agrees that the City shall not be liable for damages in the event that the Center declares the Contractor in default. The City reserves the right to terminate the Contract in whole or in part, for the convenience of the City at its sole discretion as specified in the contract. All terms of the bid specifications and contract shall be followed. If the contractor is cited for three or more violations in one year, the contract may be subject to termination. Violations include but are not limited to, accepting cash without a cash register in the booth, accepting cash at a coupon only event, receiving unsatisfactory food quality ratings.

B.

C. D. E.

XXVII.

MISCELLANEOUS PROVISIONS: A. It shall be the responsibility of proposers to thoroughly familiarize themselves with the provisions of these specifications and the facilities of Fair Park. After executing the contract, no consideration will be given to any claim of misunderstanding. The Contractor will not discriminate against any employee or bidder for employment because of race, color, religion, sex, age, handicap or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, handicap or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap or national origin.

B.

Rev. 1 - 03/25/10 Doc#BDPS-FRM-135

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