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HomeMy WebLinkAboutO-1992-1854 e . ORDINANCE NO. 1854 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND COUNTRY CLUB CATERING & 19TH HOLE, FOR CONCESSIONS AT LITTLE CEDAR BAYOU WAVE POOL; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The city Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The city Secretary is hereby authorized to attest to all such signatures and to affix the Seal of the city to all such documents. section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordained. PASSED AND APPROVED, this the 27th day of July, 1992. CITY OF LA PORTE ~~-~~ No- an L. M~lo e, Mayor - ATTEST: &vu;/ Md Cherie Black, city Secretary APPROVED: ~ Knox W. Askins, City e . NOTICE TO OFFERERS SEALED PROPOSALS ADDRESSED TO THE CITY SECRETARY OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, AND MARKED "RF.P. # 0042" WILL BE RECEIVED AT THE CITY HALL, P.O. BOX 1115, 604 W. FAIRMONT PARK- WAY, LA PORTE, TEXAS, 77572, UNTIL 4:00PM, APRIL 6,1992, FOR FOOD, BEVERAGE AND CONCESSION ITEMS AT THE CITY OF LA PORTE LITTLE CEDAR BAYOU PARK W AVE POOL. PROPOSALS SHALL BE OPENED SO AS TO AVOID DISCLOSURE OF CON- TENTS TO COMPETING OFFERERS. ALL PROPOSALS THAT HAVE BEEN SUB- MITTED SHALL BE OPEN FOR PUBLIC INSPECTION AFTER CONTRACT AWARD. CONFIDENTIAL INFORMATION CQNTAINED IN THE PROPOSALS SHALL NOT BE OPEN FOR PUBLIC INSPECTION. EACH PROPOSAL MUST BE SUBMITTED IN DUPLICATE AND BE ACCOMPA- NIED BY A CERTIFIED OR CASHIER'S CHECK, OR BID BOND IN THE AMOUNT OF $1,000, FORMS FURNISHED BY THE CITY OF LA PORTE MAY BE OB- TAINED WITHOUT DEPOSIT FROM THE CITY SECRETARY. THE CITY RE- SERVES THE RIGHT TO REJECT ANY AND/OR ALL PROPOSALS, TO WAIVE ANY AND ALL TECHNICALITIES, AND TO ACCEPT ANY PROPOSALS OR PART THEREOF, WHICH IN THE OPINION OF THE CITY COUNCIL, IS MOST ADVANTAGEOUS TO THE CITY. CITY OF LA PORTE CHERIE BLACK - CITY SECRETARY e RFP # 0042 e SPECIFICATIONS FOOD, BEVERAGE AND CONCESSION ITEMS LITTLE CEDAR BAYOU PARK WAVE POOL INTENT: To secure an agreement for the refreshment concessions at the Little Cedar Bayou Park Wave pool. 1. All proposals must be on the form contained herein, signed in the space provided and ac- companied by a surety bond, certified or cashier's check in the amount of $1,000 and made payable to the City of La Porte and included in a sealed envelope marked "Little Cedar Bayou Park Wave Pool- R.F,P. # 0042." 2. Letters of transmittal, financial statements and evidence of performance ability required to be submitted must not conflict with any of the conditions or specifications. 3. The City reserves the right to accept or reject any or all proposals. The City Council of the City of La Porte shall be the sole judge as to the best qualified offeror to serve in the best interests of the public and may waive any informalities or technical errors that, in its judgment, will best serve those of interest. The following criteria will be used by the City to evaluate the proposals and to make a selection: 1. Experience in the concession field. 2. Strength of financial condition. 3. Monthly percentage of gross sales proposed. 4. Price, size and content of items to be sold, 5. Equipment to be installed. 6. Ability to meet all other conditions specified. 4. In signing this proposal, the offeror agrees that he has, or they have carefully examined the site of the concessions, the conditions and specifications, and understands the mean- ing, intent and requirements of same and agrees further to enter into a written contract to furnish the items and services called for in strict conformity with all requirements con- tained herein or forfeit bid surety. 5. Each offeror shall submit a copy of their most recent audited financial statement on a form furnished herewith and a statement showing: (a) operating experience; (b) present concession operations; (c) present other operations; (d) gross revenues; (e) business ref- erences; (t) other qualifications. Each offeror must have actively engaged for a period of at least one (1) year in the operation of the food and beverage business such as is con- templated by these qualifications, and to have the ability to serve at least 600 persons at anyone time. The offeror, having familiarized himself with the notice to offeror, offerer's proposal form, specifications, plans and form of agreement in connection with the refreshment concession at the Little Cedar Bayou Park Wave Pool, La Porte, Texas, hereby proposes to furnish the services and the payment set forth herein according to said Notice to Of- ferer. e RFP # 0042 e In further and full consideration of the exclusive concession lease, granted by the City by and under said Offerer, the subscriber agrees to pay to the City of La Porte, after first de- ducting from gross receipts any Federal, State, Municipal or other governmental body taxes, import, duty or fee which shall constitute a direct charge or imposition on sales, (but not including ad valorem taxes, and taxes based on income or employee wages, and like taxes), the percentages which the subscriber shall set forth in his offer, upon the aforementioned gross sales. It is understood that reports of gross sales shall be made monthly with said reports made to the City of La Porte. All payments shall be made monthly, payable to the City of La Porte and delivered to the Director of Finance, or his designee, of the City of La Porte. Concessionaire agrees to pay the City a monthly rate not less than or greater than the fol- lowing: ~ percentage of gross sales of food and beverages, and any and all other items sold . by Concessionaire at Little Cedar Bayou Park Wave Pool. Further, as part of its bid, Concessionaire agrees to charge to the public the retail prices, exclusive of any sales tax, as shown on Exhibit "Price List" attached hereto, incorporated by reference herein, and made a part hereof for all purposes. The following is the full name and address of the person, firm or corporation interested in this proposal: NAME ADDRESS ~~ #b, tfk~ III~ Ilk (State of Corporation) (If not a corporation, state the form of business, whether proprietorship, partnership, or otherwise, and give names of all partners and their addresses.) Also attached hereto and made a part hereof is Concessionaire's Statement of Qualifica- tion under Paragraph 5 of Instructions to Offerer. SPECIAL CONDITIONS AND SPECIFICATIONS 1. EXECUTION OF CONTRACT: The Contract shall be signed and returned by the suc- cessful offeror, together with the contract bond and certificates of insurance within ten (10) days, not including Sundays, after the offeror has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until execu- tion of the contract. Failure to execute a contract and file an acceptable bond, as provided herein, within (10) days, not including Sundays, after the offeror has received notice that the contract has been awarded, shall be just cause for the cancellation of the award and forfeiture of bid bond surety. 2. ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of the contract, or any part thereof, to any person, partnership, company or cor- poration without prior written consent of the City of La Porte. 3. LAWS AND ORDINANCES: The contractor shall procure all permits and licenses, pay all charges and fees necessary and incidental to the due and lawful conduct of the ser- vices. He shall keep himself fully informed of all existing and future National, State and Local laws, ordinances and regulations which in any manner affect the fulfillment of the contract and comply with same. e RFP # 0042 e Contractor will be responsible for any and all additions and/or changes in equipment de- sign and layout necessary to comply fully with local Health and Fire Department regula- tions. Additional electrical service, plumbing or drain lines shall be approved by the City of La Porte, prior to planning installation. Actual installation shall be according to all applicable State laws, regulations and ordinances of City of La Porte. Contractor must also provide approved filters for any and all exhaust systems that may be utilized or installed. 4. INDEMNIFICATION AGREEMENT: City and Contractor shall enter into an "Indemni- fication Agreement" in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. 5. INSURANCE: Contractor shall maintain in effect at all times, insurance coverages as enumerated in "Indemnification Agreement" in form attached hereto as Exhibit "A", in- corporated by reference herein, and made a part hereof for all purposes. 6. CONTRACT BOND: A Business Service Bond covering every and all requirements of the contract, in the amount of $10,000 shall be furnished concurrent with the execution of the contract. In lieu of a bond, a negotiable Certificate of Deposit from a bank in Har- ris County, Texas, or a Letter of Credit from a bank in Harris County, Texas may be fur- nished. 7. TERM OF CONTRACT: The term of the contract will be for a period of four (4) years, with an option for the City to renew for a total of three (3) additional years. 8. AUTHORITY OF THE FACILITY MANAGER: The City of La Porte shall decide any and all questions which may arise as to the acceptability of services rendered and as to the manner of performance;.' all questions which arise as to the interpretation of the con- ditions and specifications, and all questions as to the acceptable fulfillment of the con- tract. The City shall also have the authority to allow certain groups to obtain temporary liquor or beer and wine licenses from the Texas Alcoholic Beverage Commission under special circumstances. 9. SUSPENSION OF THE CONTRACT: If at any time, in the opinion of the City of La Porte, the Concessionaire has failed to render services of proper quality, or has failed in any other respect to perform as specified and intended in and by the terms of the con- tract, notice thereof in writing will be served upon him; and should he neglect or refuse to provide means for a satisfactory compliance with the agreement, as directed by the City of La Porte, within the time specified in such notice, the City shall have the power to suspend the operation of the contract. Upon such suspension, the Concessionaire's control shall terminate and thereupon the City Council of the City of La Porte or its duly authorized representative may employ other parties to carry the contract to completion in such manner as the City Council may deem proper. Any excess cost arising therefrom will be charged against the contractor and his sureties, who will be liable therefore. In the event of such suspension and cancellation, all money due the contractor or retained under terms of the contract shall be forfeited to the Wave pool, but such forfeiture will not release the contractor or his sureties from liability for failure to fulfill the contract. The contractor and his sureties will be credited with the amount of money so forfeited to- ward any excess cost incurred, arising from the suspension of the contract and the com- pletion of it by the Wave pool as provided, and the contractor will be credited with any surplus remaining after all just claims for such completion have been paid. In determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension of annulment thereof, the decision of the City with the approval of the City Council of the City of La Porte, shall be binding upon all parties to the contract. 10. LIMIT A TIONS ON OPERATION: The Concessionaire shall not interfere with the free distribution of food or drinks or any other items of any nature. Free samples may be given away during special events at the discretion of the City of La Porte. e RFP # 0042 e 12. FACILITIES AND EQUIPMENT: Prospective Offerers are invited to inspect the locations and equipment and may do so during working hours by contacting the Di- rector of Parks and Recreation of the City of La Porte, at 471-5020, ext. 420. The Concessionaire will be responsible for maintaining the assigned premises and equip- ment in good repair and the replacement of any equipment damaged or missing through his operation. The cost of installing any new or added equipment, when approved by the City of La Porte, will be borne by the Concessionaire and such equipment will be his property. At the termination of the contract, the Concessionaire may remove his own equipment, but will be responsible for leaving the premises in their original state of re- pair, less normal wear and tear, or replace or reimburse the City for any damaged or missing equipment assigned to him. This will be done to the satisfaction of the City of La Porte, prior to releasing the Concessionaire of his sureties from obligation. City of La Porte shall furnish a stand location, with utility connections as now exist. Concessionaire shall be responsible for drawing any and all additional connections to the inner area of the stand and making all equipment connections to the inner area of the stand and making all equipment connections in accordance with all building and health codes, laws, statutes and ordinances. 13. UTILITIES: The City of La Porte will pay normal utility bills in connection with con- cession operation, excluding telephone service. 14. ITEMS OF SALE: Price, size and content of all that is sold will be approved in writing by the City of La Porte. Chewing gum and tobacco products shall NOT be sold. All drinks must be served in plastic or paper cups. Initial pricing shall be in accordance with Exhibit "Price List" attached hereto. The Con- cessionaire may add, delete or make price adjustments from time to time, provided each item and price thereof is approved, in writing, by the City of La Porte. No food, ice or other items may be cooked, prepared or bagged for sale or use at any fa- cility other than City of La Porte owned facilities. 15. PRODUCT QUALITY AND BRAND. Quality of all products is to be of prime consid- eration in the operation of this concession contract. Food, once heated, shall not be re- heated at a later time and offered for sale to the public. A system shall be employed in order to maintain properly sealed products and ensure product freshness at the time it is served. 16. JANITORIAL SERVICE AND CLEANING. Concessionaire must pass Health Depart- ment Inspections. Equally binding upon the Concessionaire are inspections conducted by the Director of Parks and Recreation of the City of La Porte, of the facilities as deemed necessary or desirable. The concession stand must be cleaned at the close of each day in order to prevent the accumulation and spoilage of food residue. Each concession area must be thoroughly cleaned and sanitized within 24 hours of operation when not in continuous use. Any and all tables used for any reason must also be cleaned after each day, as well as all areas surrounding pool and concession stand. 17. UNIFORMS. All employees of the Concessionaire shall be neatly attired in clean, matching uniforms, as approved by the Director of Parks and Recreation of the City of La Porte, identifying the Concessionaire. Hawkers shall prominently and professionally display the prices of the products being sold. Each employee shall be properly identified with name and/or numbered badge. 18. SIGNS. The number, size, and working location of advertising signs, except for identifi- cation signs within the concession areas, must be approved by the Director of Parks and Recreation of the City of La Porte. e RFP # 0042 e 19. BID FORM AND ACCOUNTING. Proposal shall be based on a payment to the City of a percentage of the gross receipts exclusive of sales tax. Further, no proposal will be considered unless it is accompanied by: a resume of experi- ence in the field contemplated; a list of any proposed additional equipment to be installed and business credit references, all to be filed on accompanying forms. The Concessionaire shall remit commissions due the City no later than ten (10) days fol- lowing the month for which sales have been made along with reports of gross sales. Any payments postmarked after the specified date will incur a late charge of 10% of the bal- ance due. After payment is one month late, balance due will increase by 1 % each month until paid in full. If, at any time, payments are 90 or more days in arrears, the City will seek payment under the provisions of the contract bond. The Concessionaire shall maintain accounting records in a manner acceptable to the Di- rector of Finance, of the City of La Porte. These records shall include, but are not lim- ited to, separate records of all sales and purchases made by and for the concession opera- tion. The City reserves the right to make periodic audits of the accounts and inspections of the Concessionaire's operations. 20. CONCESSIONAIRE'S LOCATIONS. The City will furnish to the Concessionaire the sole and exclusive right to the use of sales stands and storage space designated in the Wave pool during the term of the concession granted, The Concessionaire shall have all rights of necessary ingress and egress to these storage spaces and sales stands. 21. RIGHT OF ENTRY: The City, its officers, agents and representatives shall be permitted to enter the said premises at all reasonable times of the day to examine the same or to make such repairs therein as shall be deemed requisite by the City. Keys allowing entry will be provided by the City of La Porte. 22. DELIVERIES: Deliveries of all supplies, goods, wares, merchandise and equipment shall be made at the service entrance of said building and a person under hire by the Con- cessionaire will be on hand during deliveries to receive materials. 23. VENDING MACHINES: Placement and location of vending machines shall be made with prior approval of the Director of Parks and Recreation of the City of La Porte. 24. CONCESSION EQUIPMENT: Each offeror shall submit, with his bid, a complete list of equipment he proposes to furnish for the concession operation, stating brand names, model numbers, quantity, year of manufacture and other identifying data to properly out- line his proposed operation layout. 25. INSTALLATION OF EQUIPMENT: Successful offeror shall have completed installa- tion of all his equipment and be completely operational no later than May 21, 1992. 26. CONCESSION EMPLOYEES: Concessionaire's employees at the Wave pool shall have working knowledge of preparing and serving food to the public, The City of La Porte shall have access to references and verification of certification of all prospective conces- sions employees. A concessions manager, employed by Concessionaire shall be pro- vided in a local office during normal business hours to serve clients and potential clients of the Wave pool. All employees shall conduct themselves professionally both in ap- pearance and actions to the satisfaction of the Director of Parks and Recreation of the City of La Porte. 27. GENERAL: The services called for in this proposal shall be offered to the public at all times that a reasonable demand for such services exists, during such times which the Lit- e RFP # 0042 e tIe Cedar Bayou Park Wave Pool is open to the public and subject to the requirements set forth in the proposal. Where approval or direction of the City is required for items, prices or procedures not specifically covered herein, such approval or direction will normally be made by the City. Special promotional price or service changes will be allowed only following ap- proval of the City of La Porte. - '4-r$,d() , ,I'm .,r A1s" . ~J'V fiS'fJ (I@~ ~I-~ FjZ,I,; fJ:z It /J-,46d 119~., I ~i'f "r~' I'io ~J' L,. S'It . (,fJ 1d"tJ 'J" , STATEMENT OF OFFEROR'S QUALIFICATIONS FINANCIAL STATEMENTS Please attach to this application blank your most recent financial statement and a statement of the amount of credit available to you with name of bank or banks. OPERATING EXPERIENCE Please state herein the number of years and the type of business operating experience which you feel qualifies your company to operate the concessions referred to in the instructions to applicants. TYPE OF OPERATION (J,/~ d'~A ~ ~ YEARS , LOCATION "kll~'Ar. ~ L~ PRESENT AUDITORIUM OPERATIONS Please list below, the auditoriums, coliseum arenas and other buildings where your company is presently providing concession operations and how long you have been conducting such operations. LOCATION YEARS ~1Jf f6.4bT ~/, tA,~ ~ LOCATION YEARS e RFP # 0042 e LOCATION YEARS PRESENT OTHER OPERATIONS Please indicate below what other types of business operations you company is now operating, and the location of each operation you feel particularly qualifies your company to perform the aforementioned concession operations for the Little Cedar Bayou Park Wave Pool. LOCATION YEARS LOCATION YEARS LOCATION YEARS GROSS REVENUES Please indicate below the approximate average gross annual revenues which you have developed in ~ee calendar years from food and drink business operations. $ ~ REFERENCES Please indicate here, the names and addresses of persons in management capacity for Lessor of any of your operations for reference and recommendation. NAME ADDRESS OPERATION NAME ADDRESS' OPERATION NAME ADDRESS OPERATION NAME ADDRESS OPERATION ,4 OTHER QUALIFICATIONS /10 ... ;'''~ ti ... .. . RFP # 0042 EXHIBIT "PRICE LIST" FOOD Hot Dog Chili Dog Other types of sandwiches Pizza slice Pickle Popcorn (32oz.) Popcorn (85 oz.) Chips Pretzels Nachos Candy Peanuts Other BEVERAGES: FW- II ~ S oft drinks (16oz.) ~.)/~oz.. ~.) 1\ Other beverages I..",. ,y, iJ 4 ,,, 1'- PRICE 1,$.... Zoo - - - - - ~ ~ /ft ~.1' ~ ITV /4t:J 71' 1(J1:J .,r . ... . RFP # 0042 e Please indicate on attached sheets any other qualifications which you feel particularly qualifies your company to perform the concession operations set forth in the Instructions to Offerers. The above records of this finn's operations are certified to be true and correct by the signer of this application. NAME OF FIRM SUBMITTING AP~~ON: t:! SIGNATURE: ~~ TITLE: ~6 "~~4L IKn ~",;"