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<br />. -.' <br /> <br />.:..: <br /> <br />:; <br /> <br />e <br /> <br />e <br /> <br />RFP # <br /> <br />0025 <br />PAGE 4 <br /> <br />charged against the Lessee and his sureties, who will be liable <br />therefore. In the event of such suspension and cancellation, all <br />money due the Lessee or retained under terms of the contract shall <br />be forfeited to the City .ot La Porte, but. .s.uch f.ol..feltut.e. will.not <br />release the Lessee or his sureties from liability for failure to <br />fulfill the contract. The forfeited toward any excess cost <br />insured arising from the suspension of the contract and the <br />completion of it by the City of La Porte as above provided, and <br />the Lessee will be cl'edited with any surplus remaining after all <br />Just claims for such completion have been paid. <br /> <br />In determination of the question whether there has been any such <br />noncompliance with the contract as to warrant the suspension of <br />annulment thereof, the decision of the City of La Porte's Parks <br />and Recreation Director, with approval of the City Council, shall <br />be binding upon all parties to the contract. <br /> <br />10. CANCELLATION: The City Council, when in its Judgement feels it <br />will best serve the public interest, may cancel the contract upon <br />ninety (90) days written notice. <br /> <br />11. FACILITIES AND EQUIPMENT: Prospective offerors are invited to <br />inspect the locations and equipment and may do so during working <br />hours by contacting the Parks and Recreation Director. The <br />Concessionaire will be responsible for maintaining the assigned <br />premises and equipment in good repair and the replacement of any <br />equipment damaged or missing through his operation. The <br />installation of all approved equipment, fixtures, counters, and <br />the like, as shown on Exhibit "C", will be the sole responsibility <br />of the Concessionaire. At the termination ol the Lease Agreement, <br />the Concessionaire shall remove his own equipment, and will be <br />responsible for leaving the premises in their original state of <br />repair and to replace or reimburse the City lor any damaged or <br />missing equipment belonging to City. This will be done to the <br />satisfaction of the Parks and Recreation Director prior to <br />releasing the Concessionaire or his sureties from obligation. <br /> <br />12. The building, its contents, and equipment shall be utilized for <br />the sole purpose of the preparation and/or sale of concession <br />items at the Little Cedar Bayou Park Complex, only. <br /> <br />13. UTILITIES: The City will pay normal utility bills in connection <br />with concession operation, excluding tel~phone service. <br /> <br />14. ITEMS OF SALES: Price, size and content of all that is sold will <br />be approved by the Parks and Recreation Director. All drinks must <br />be served either in aluminum containers, or in plastic or paper <br />cups. The City of La Porte is currently advertising an RFP for <br />exclusive product rights to soft drinks. Successful offeror for <br />concessions will be bound by this exclusivity and shall sell only <br />those soft drinks available from the company the City selects. <br /> <br />Initial pricing shall be in accordance with Exhibit "B" Price List <br />attached hereto. The Concessionaire may add, delete or make price <br />adjustments, from time to time, provided each item and price <br />thereof Is approved in writing by the Parks and Recreation <br />Director. Unusual product cost adJustments may be made when <br />Justified to the satisfaction of the Parks and Recreation <br />Director. <br /> <br />15. Staffing shall be such that an adequate number of personnel will <br />be present at each location as required. Staffing levels must be <br />approved by the City of La Porte. <br /> <br />16. BID FORM AND ACCOUNTING: Proposals shall be based on a payment to <br />the City of a percentage of the gross receipts exclusive of sales <br />tax. <br /> <br />Further, no proposal will be considered unless 1t 1s accompanied <br />by: a resume of experience in the field contemplated; a list of <br />any proposed additional equipment to be installed and business <br />credit references, all to be tiled on accompanrlnl torm.. <br /> <br />tt <br />