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HomeMy WebLinkAbout269-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 269-23 File Number: 2023-1292 SOMETHING DIFFERENT, LLC (SERVICE AGREEMENT): A RESOLUTION TO AWARD RFP 23-18 AND APPROVE A TEN MONTH CONTRACT WITH SOMETHING DIFFERENT, LLC FOR THE OPERATION OF CONCESSIONS LOCATED AT KESSLER MOUNTAIN REGIONAL PARK SOCCER AND BASEBALL COMPLEX, GARY HAMPTON SOFTBALL COMPLEX, LAKE FAYETTEVILLE SOFTBALL COMPLEX AND THE WILSON PARK POOL WITH AUTOMATED RENEWALS FOR UP TO FOUR ADDITIONAL YEARS WHEREAS, concession services are a traditional component of sports leagues, tournament operations, and the Wilson Park Pool operation; and WHEREAS, these concession services have been supplied in previous years through a contract with a third -party vendor; and WHEREAS, Something Different, LLC will pay the City 10% of all gross sales of concessions on a monthly basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 23-18 and authorizes Mayor Jordan to sign a ten month contract with Something Different, LLC for the operation of concessions located at Kessler Mountain Regional Park Soccer and Baseball Complex, Gary Hampton Softball Complex, Lake Fayetteville Softball Complex and the Wilson Park Pool with automatic renewals for up to four additional years. PASSED and APPROVED on December 5, 2023 Page 1 Attest:_rRF�rrrr ,.•.a•,, 1 Kara Paxton, City C,116rk Treasurer - /,', CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 5, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs FROM: Lee Farmer, Recreation Superintendent DATE: SUBJECT: Agreement for Concession Services with Something Different, LLC RECOMMENDATION: 2023-1292 Parks, Natural Resources and Cultural Affairs staff recommends the approval of a contract with Something Different, LLC for the operation of concessions located at Kessler Mountain Regional Park Soccer and Baseball Complex, Gary Hampton Softball Complex, Lake Fayetteville Softball Complex and the Wilson Park Pool. BACKGROUND: Concession services are a traditional component of sports leagues, tournament operations, and the Wilson Park Pool operation. These concession services have been supplied in previous years through a contract with a third -party vendor. Something Different, LLC has been in the concession and catering business for over a decade, including operating concessions for Parks, Natural Resources and Cultural Affairs complexes for the past five years. DISCUSSION: In August of 2023, the City of Fayetteville advertised RFP 23-18 for concession services. Something Different, LLC was the sole proposal submitted. Although there was only one submission for concession services, the selections committee has recommended Something Different, LLC based on their submission and past experience providing concessions for Parks, Natural Resources and Cultural Affairs. BUDGET/STAFF IMPACT: There is no cost to the City for this agreement and no additional staff is required. The contract will be for a term of ten (10) months with an automatic renewal for up to four (4) additional years. Something Different, LLC will pay the City 10% of all gross sales of concessions on a monthly basis. The projected revenue from this contract will be approximately $19,800 and is accounted for in the 2024 operational budget. ATTACHMENTS: SRF (#3), RFP 23-18, CONTRACT (#4), RFP 23-18, Submittal - Something Different LLC (Tom Pagnozzi) - E (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1292 Agreement for Concession Services with Something Different, LLC A RESOLUTION TO AWARD RFP 23-18 AND APPROVE A TEN MONTH CONTRACT WITH SOMETHING DIFFERENT, LLC FOR THE OPERATION OF CONCESSIONS LOCATED AT KESSLER MOUNTAIN REGIONAL PARK SOCCER AND BASEBALL COMPLEX, GARY HAMPTON SOFTBALL COMPLEX, LAKE FAYETTEVILLE SOFTBALL COMPLEX AND THE WILSON PARK POOL WITH AUTOMATED RENEWALS FOR UP TO FOUR ADDITIONAL YEARS WHEREAS, concession services are a traditional component of sports leagues, tournament operations, and the Wilson Park Pool operation; and WHEREAS, these concession services have been supplied in previous years through a contract with a third -parry vendor; and WHEREAS, Something Different, LLC will pay the City 10% of all gross sales of concessions on a monthly basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 23-18 and authorizes Mayor Jordan to sign a ten month contract with Something Different, LLC for the operation of concessions located at Kessler Mountain Regional Park Soccer and Baseball Complex, Gary Hampton Softball Complex, Lake Fayetteville Softball Complex and the Wilson Park Pool with automatic renewals for up to four additional years. Page 1 Lee Farmer Submitted By City of Fayetteville Staff Review Form 2023-1292 Item ID 12/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/13/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Approval of a contract with Something Different, LLC for the operation of concessions located at Kessler Mountain Regional Park Soccer and Baseball Complex, Gary Hampton Softball Complex, Lake Fayetteville Softball Complex and the Wilson Park Pool. Something Different, LLC will pay the City 10% of total gross sales from concessions. Budget Impact: 1010.520.5220-4414 Account Number Fund Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: A ftop_- CITY OF City of Fayetteville FAY E T T E V I L L E RFP 23-18, Concession Services ARKANSAS Contract— Between City of Fayetteville, AR and Something Different LLC THIS AGREEMENT is executed this 5 day of December 2023, by and between the City of Fayetteville acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Something Different LLC (hereinafter called Concessionaire), in consideration of their mutual covenants agree as follows: Concessionaire shall provide concession services to Parks, Natural Resources and Cultural Affairs for the CITY in those assignments to which this Agreement applies during the performance of services defined in the scope of work. All services shall be performed under the direction of a firm - registered in the State of Arkansas and qualified in the particular field. 1. Contracted parties: This agreement shall be binding between all parties. Fees for services shall be provided as identified in appendices. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Parties shall not be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. This agreement may be modified only by a duly executed written instrument signed by the CITY and Concessionaire. a. Appendices included under this agreement include the following and shall govern in the following order. Contract language in this document shall prevail over all exhibits: i. Appendix A: Scope of Work ii. Appendix B: City's Solicitation identified as RFP 23-18, Concession Services iii. Appendix C: Concessionaire's RFP response iv. Appendix D: Concessionaire's Proof of Insurance 3. Term: This lease shall commence on the date approved by the Fayetteville City Council and shall extend for approximately ten (10) months, ending on November 30, 2024. Upon agreement of both parties, the lease shall automatically renew for four (4) single year terms: a. Renewal 1 of 4: Beginning February 1, 2025 and ending November 30, 2025 b. Renewal 2 of 4: Beginning February 1, 2026 and ending November 30, 2026 c. Renewal 3 of 4: Beginning February 1, 2027 and ending November 30, 2027 d. Renewal 4 of 4: Beginning February 1, 2028 and ending November 30, 2028 4. Rent/Report: Concessionaire agrees to pay City an amount equal to 10% percent of all gross sales of food, beverages and refreshments no later than ten (10) working days following the close of each month. In addition to the rental payment, Concessionaire shall file a monthly report on the form supplied by the City. The rental payment and monthly report shall be delivered to the Parks, Natural Resources and Cultural Affairs Offices at 1455 S. Happy Hollow Rd., Fayetteville, AR 72701. Any payments to City not made when due shall incur interest after maturity at the rate of 6%. City of Fayetteville, AR RFP 23-18, Concession Services Contract: Something Different LLC Page 1 of 4 5. Records: The City shall have the right at all times to examine Concessionaire's books and records and verify rental paid. Any errors or omissions shall be adjusted. 6. Use: The lease premises shall be used only for the purpose of selling food, beverages, and such refreshments as are usually incidental to a restaurant, cafe, or soft drink concession, but specifically excluding any alcoholic beverage or tobacco products. Further, Concessionaire shall not use or permit the stand to be used for any unlawful, improper or offensive purpose whatsoever. 7. Maintenance: The City will perform all major and minor repairs in each of the concession stands leased by the Concessionaire; and will, in its sole discretion, make any such repairs as are necessary for the preservation of the said stand(s). Concessionaire shall promptly notify Parks, Natural Resources and Cultural Affairs of any needed repairs. 8. Insurance: Concessionaire shall provide proof of worker's compensation as required by Arkansas Statute and liability insurance with a minimum coverage of: a. $300,000 for one person involved in death or injury b. $500,000 for two or more persons involved in death or injury 9. Rights and Duties of Concessionaire: Concessionaire agrees to: a. Conduct said business as not to interfere with other uses or activities on the property. b. Open and staff the concession stand anytime the City has scheduled activities, unless otherwise stipulated by the Parks and Recreation Division staff. c. Open each day, at least fifteen (15) minutes prior to the first scheduled game and shall remain open until the last game has concluded, unless otherwise stipulated by the Parks and Recreation Division staff. d. Comply with all local, state and federal laws, rules, regulations, orders, guidelines, and/or directions, including, but not limited to, sales tax, HMR tax, payroll tax, and the Arkansas Department of Health guidelines regarding food preparation. e. Maintain, protect, and secure the concession building, equipment, and leased premises. f. Concessionaire is responsible for replacing concession equipment if equipment is damaged beyond normal wear. City equipment cannot be loaned or removed from the park premises without permission from Park staff. g. Clean premises daily of all debris in accordance with the Arkansas Department of Health guidelines. h. Surrender leased premises at the end of each term in the same condition (except for normal wear) as received, including, but not limited to removal of all refuse. i. Leased premises must be cleaned and returned to Parks, Natural Resources and Cultural Affairs within five (5) working days after the last event per location. All items remaining after five (5) days will be considered the property of Parks, Natural Resources and Cultural Affairs. j. Not employ any persons with a felony conviction, child safety, child abuse, or any child related charges who would be associated with this awarded contract. City of Fayetteville, AR RFP 23-18, Concession Services Contract: Something Different LLC Page 2 of 4 10. Rights and Duties of the City: The City of Fayetteville shall: a. Provide and pay for the water and electrical utility services. b. In its sole discretion, replace depreciated concession equipment that is no longer usable. c. Have the right to inspect the stand at any reasonable time during the term of the agreement d. Have the right to screen for felony convictions by the Fayetteville Police Department. 11. Default/Termination: If Concessionaire defaults in the payment of rent, or if it violates any other covenants of this agreement, the City may terminate this contract, and the City may immediately enter and retake possession of the concession. In the event that Concessionaire should default in the prompt payment or performance of any obligations as set forth herein, and in the event that it should become necessary for City to collect any past due payments or to enforce the other obligations of Concessionaire as set forth herein, by suit or otherwise, City shall be entitled (in addition to all other remedies to which it is entitled) to recover the costs and expenses of litigation. This contract may be canceled by either party with a thirty (30) day written notice. 12. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Concessionaire will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo copying costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price, or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, or fees. 14. Indemnification: Concessionaire shall indemnify, hold harmless and, not excluding the City's right to participate, defend the City and any of its officers, or employees from and against all liabilities, claims, actions, damages, losses and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or resulting in any way from the performance of professional services for the City in Concessionaire's capacity as an agency, and caused by any willful or negligent error, omission, or act of Concessionaire or any person employed by it or anyone for whose acts Concessionaire is legally liable. 15. Miscellaneous: a. All actions, whether sounding in agreement or in tort, relating to the validity, construction, interpretation, and enforcement of this agreement shall be instituted and litigated in the courts of the State of Arkansas. b. Concessionaire hereunder shall not sell, sublet, or assign this agreement or any portion thereof to any other person or persons. c. Upon agreement by both parties, any part of this agreement may be changed which will benefit the operation of concession. This agreement shall be amended only upon mutual written agreement signed by all parties. City of Fayetteville, AR RFP 23-18, Concession Services Contract: Something Different LLC Page 3 of 4 16. Gratuities: If CITY OF FAYETTEVILLE finds after a notice and hearing that Concessionaire or any of their agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to Concessionaire, terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and SOMETHING DIFFERENT LLC by its authorized officer has made and executed this Agreement as of the day and year first above written. CITY OF F YETTEVILLE ARKANSAS SOMETHING DIFFERENT LLC By: By: C L EL JORDAN, MAYO TOM PAGNOZZI, WNW ATTEST: Kara Paxton, City Clel-VTreasurer- Date Signed: _ 12/05/2023 City of Fayetteville, AR RFP 23-18, Concession Services Contract: Something Different LLC Page 4 of 4 Date Signed: // " 6 -Z CITY OF VA FAYETTEVILLE ARKANSAS RFP 23-18 Something Differnt LLC Tom Pagnozzi Supplier Response Event Information Number: RFP 23-18 Title: Concession Services Type: Request for Proposal Issue Date: 8/6/2023 Deadline: 8/29/2023 02:00 PM (CT) Notes: The City of Fayetteville, Arkansas, seeks proposals from experienced and qualified individuals, firms, or providers to provide the City concession services at concession stands located at the Gary Hampton Softball Complex, Kessler Mountain Regional Park soccer concessions and baseball concessions, Lake Fayetteville Softball Complex, White River Baseball Complex, and Wilson Park Swimming Pool for a one (1) year contract with four (4) automatic renewals for a total of five (5) years. Any questions regarding this solicitation process shall be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent at abeilfuss(o-)fayetteville-ar.gov or (479) 575-8220. Contact Information Contact: Amanda Beilfuss Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Something Differnt LLC RFP 23-18 Something Differnt LLC Information Contact: Tom Pagnozzi Address: 614 W Sycamore Street Fayetteville, AR 72703 Phone: (479) 530-2794 Email: tom@southerntrend.com By submitting your response, you certify that you are authorized to represent and bind your company. Tom Pagnozzi Signature Submitted at 812512023 03:15:39 PM (CT) Requested Attachments RFP 23-18, Concession Services tom@southerntrend.com Email concessions -services. pdf Please attach the signed and completed RFP form, located in the 'Attachments' tab, along with any additional documents. Bid Attributes 1 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read all addendum(s) that have been issued for this solicitation, if applicable. 10 1 agree Page 2 of 2 pages Vendor: Something Differnt LLC RFP 23-18 CITY OF City of Fayetteville, Arkansas W Purchasing Division — Room 306 FAYETTEVILLE 113W.Mountain A R K A N S A S Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 23-18, Concession Services DEADLINE: Tuesday, August 29, 2023 before 2:00 PM, local time SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 08/06/2023 REQUEST FOR PROPOSAL RFP 23-18, Concession Services No late proposals shall be accepted. RFP's shall be submitted through the City's third -party electronic bidding platform or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division at the below location. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Director. City of Fayetteville, AR RFP 23-18, Concession Services Page 1 of 26 City of Fayetteville RFP 23-18, Concession Services Advertisement City of Fayetteville, AR Request for Proposal RFP 23-18, Concession Services The City of Fayetteville, Arkansas, seeks proposals from experienced and qualified individuals, firms, or providers to provide the City concession services at concession stands located at the Gary Hampton Softball Complex, Kessler Mountain Regional Park soccer concessions and baseball concessions, Lake Fayetteville Softball Complex, White River Baseball Complex, and Wilson Park Swimming Pool. Any questions concerning this solicitation process should be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent, at abeilfuss@favetteville-ar.gov or by calling (479) 575-8220. Solicitation documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be received by Tuesday, August 29, 2023 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division. All proposals are due before the time stated; no late proposals shall be accepted. Submitting electronically is strongly encouraged. The City of Fayetteville shall not be responsible for lost or misdirected proposals, or for failure of proposer's technical equipment. All interested parties shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Any firm providing a service shall be registered with the Arkansas Secretary of State. The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an agreement of the interested party to these conditions. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 08/06/2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR RFP 23-18, Concession Services Page 2 of 26 City of Fayetteville RFP 23-18, Concession Services Appendix SECTION: PAGE NUMBER Cover Page 01 Advertisement 02 SECTION A: General Terms & Conditions 04 SECTION B: Scope of Services and General Information 12 SECTION C: Vendor References 19 SECTION D: Submittal Signature 20 SECTION E: Draft Contract 22 City of Fayetteville, AR RFP 23-18, Concession Services Page 3 of 26 City of Fayetteville RFP 23-18, Concession Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFP. c. The complete fee and cost to the City for all services outlined in this RFP. d. Statement should be no more than twenty-five (25) pages; single sided, standard, readable, print on standard 8.5x11 documents. Proposers shall also submit a three (3) page (maximum) executive summary. The following items will not count toward the twenty-five page limitation: appendix, cover sheet, 3-page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. a. Submitting and responding to this RFP: Proposals shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents physically submitted should be typewritten on standard 8 %" x 11" white papers and bound in one volume. Exceptions would be schematics, exhibits, one -page resumes, and City required forms. Limit proposal to twenty-five (25) pages or less, excluding one -page team resumes, references, and forms required by the City for completion. All proposals shall be sealed upon delivery to the City of Fayetteville. Option 1 —Electronic Submittal (strongly encourageo1: Proposers can go to www.favetteville-ar.gov/bids and follow the prompts to submit a proposal within the electronic bidding platform. If a proposal is submitted electronically, a physical submission is not necessary. All Proposers must register in order to be able to submit. There is no fee for registration. ii.Option 2 — Physical Submittal: All Proposers shall submit one (1) original copy of their proposal as well as one (1) electronic copy on a properly labeled USB or other electronic media device. The electronic copy submitted shall be contained into one single electronic file and shall be identical to the hard copies provided. The use of Adobe PDF documents is strongly recommended. Files contained on an USB or City of Fayetteville, AR RFP 23-18, Concession Services Page 4 of 26 electronic media shall not be restricted against saving or printing. Electronic copies shall not be submitted via e-mail to City employees by the Proposer and shall be provided to the City in a sealed manner. Fed Ex, UPS, USPS, or other packages should be clearly marked with the RFP number on the outside of the mailingpackage. e. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. f. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. h. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. i. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. j. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office or electronic clock located in the City's third -party bidding software. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the right to the following: City of Fayetteville, AR RFP 23-18, Concession Services Page 5 of 26 a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. h. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and final offer process is not guaranteed; therefore, Proposers shall submit and respond to this RFP on the most favorable terms available. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used bythe selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 7. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 8. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". b. The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other City of Fayetteville, AR RFP 23-18, Concession Services Page 6 of 26 circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail orfirst-class mail within thirty days of receipt of notification. 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. 10. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers refer to their submission status in the online bidding portal or call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. 11. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers shall comply with all constitutional, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy underthis proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 13. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that their proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." City of Fayetteville, AR RFP 23-18, Concession Services Page 7 of 26 14. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a Contractor's records as such records relate to purchases between the City and said Contractor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered bythis order, and such obligation shall survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), no later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 18. CERTIFICATE OF INSURANCE: Successful Proposershall provide proof of worker's compensation as required by Arkansas Statute and liability insurance with a minimum coverage of $300,000 for one person involved in death or injury, $500,000 for two or more persons involved in death or injury. Certificate of insurance shall list the City of Fayetteville as an additional insured. 19. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer(s acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. City of Fayetteville, AR RFP 23-18, Concession Services Page 8 of 26 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for anew fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. 22. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the Contractor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 23. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/propose r's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, City of Fayetteville, AR RFP 23-18, Concession Services Page 9 of 26 request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form of an addendum to the original RFP documents. 27. OTHER GENERAL CONDITIONS: a. Proposers must provide the City with their proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the City to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate City of Fayetteville, AR RFP 23-18, Concession Services Page 10 of 26 understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. f. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms maybe asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFP's content or to exclude any relevant or essential data. i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. City of Fayetteville, AR RFP 23-18, Concession Services Page 11 of 26 City of Fayetteville RFP 23-18, Concession Services SECTION B: Scope of Services and General Information 1. BACKGROUND: The City of Fayetteville is now accepting proposals for the concession stands at the Gary Hampton Softball Complex, Kessler Mountain Regional Park soccer concessions and baseball concessions, Lake Fayetteville Softball Complex, White River Baseball Complex, and Wilson Park Swimming Pool. The proposals will be evaluated using the City's Professional Services Selection Policy, PUR-13. In evaluating the qualifications of each bid, a review committee will consider the following criteria, as detailed in PUR-13, with the assigned pointvalues thattotal 100 percent. Evaluation factors outlined shall be applied to all eligible, responsive proposals in comparing proposals and selecting the successful Proposer. While the City reserves the right to interview any or all proposals, award of a contract may be made without discussion with vendor after proposals are received. Proposals should, therefore, be submitted on the most favorable terms available. 2. SCOPE OF WORK: The City of Fayetteville seeks proposals from qualified and experienced firms interested in providing concession services to include the following: a. The City leases and demises unto Proposer, subject to the terms and conditions contained herein, the following concession stands (building and equipment) all located in Fayetteville, Arkansas (proposers must submit on ALL locations): i. Gary Hampton Softball Complex ii. Kessler Mountain Regional Park soccer concessions iii. Kessler Mountain Regional Park baseball concessions iv. Lake Fayetteville Softball Complex v. White River Baseball Complex vi. Wilson Park Swimming Pool b. Term — This contract shall commence on the date approved by the Fayetteville City Council and shall extend for approximately ten (10) months, ending on November 30, 2024. Upon agreement of both parties, the lease shall automatically renew for four (4) single year terms: i. Renewal 1 of 4: Beginning February 1, 2025 and ending November 30, 2025 ii. Renewal 2 of 4: Beginning February 1, 2026 and ending November 30, 2026 iii. Renewal 3 of 4: Beginning February 1, 2027 and ending November 30, 2027 iv. Renewal 4 of 4: Beginning February 1, 2028 and ending November 30, 2028 c. Rent/Report— Proposers shall state in their proposal the percentage amount in gross sales to be turned over to the City. Gross sales, hereafter referred to as "rental payment", includes the sale of food, beverages, and any and all refreshments. Such percentage shall be paid to the City no later than then (10) working days following the close of each month. City of Fayetteville, AR RFP 23-18, Concession Services Page 12 of 26 I. In addition to the rental payment, Concessionaire shall be responsible for filing a monthly report on a form supplied by the City. The rental payment and monthly report shall be delivered to the Parks and Recreation Offices at 1455 S. Happy Hollow Rd., Fayetteville, AR 72701. Any payments not made when due shall incur interest after maturity of 6%. d. Records — The City shall have the right to examine books and records to verify rental has been paid. Any errors or omissions shall be adjusted. e. Use — The lease premises shall be used only for the purpose of selling food, beverages, and such refreshments as are usually incidental to a restaurant, cafe, or soft drink concession, but specifically excluding any alcoholic beverage and/or tobacco products. Further, the Concessionaire shall not use or permit the stand to be used for any unlawful, improper, or offensive purpose whatsoever. f. Maintenance —The Citywill perform all major and minor repairs in each of the concession stands leased by the Concessionaire; and will, in its sole discretion, make any such repairs as are necessary for the preservation of the said stand(s). Concessionaire shall promptly notify the Parks and Recreation Department of any needed repairs immediately and within 24-hours of breakdown or damage found. g. Insurance — Concessionaire shall provide proof of worker's compensation as required by Arkansas Statute and liability insurance with a minimum coverage of $300,000 for one person involved in death or injury and $500,000 for two or more persons involved in death or injury. Certificate of insurance shall list the City of Fayetteville as an additional insured. h. Rights and Duties of Concessionaire— Proposer agrees to the following: I. Conduct said business as not to interfere with other uses or activities on the property. ii. Open and staff the concession stand anytime the City has scheduled activities, unless otherwise stipulated by the Parks and Recreation Department staff. iii. Open each day, at least fifteen (15) minutes prior to the first scheduled game and shall remain open until the last game has concluded, unless otherwise stipulated by the Parks and Recreation Department staff. iv. Comply with all local, state, and federal laws, rules, regulations, orders, guidelines, and/or directions; including, but not limited to, sales tax, HMR (Hotel, Motel, Restaurant) tax, payroll tax, and the Arkansas Department of Health guidelines regarding food preparation and storage. v. Maintain, protect, and secure the concession building, equipment, and leased premises. vi. Concessionaire shall be responsible for replacing concession equipment if equipment is damaged beyond normal wear or damaged at the fault of the Concessionaire. City equipment shall not be loaned or removed from the park premises without permission from Park staff. vii. Clean premises daily of all debris. viii. Surrender leased premises at the end of each term in the same condition (except for normal wear) as received; including, but not limited to removal of all refuse. City of Fayetteville, AR RFP 23-18, Concession Services Page 13 of 26 ix. Leased premises shall be cleaned and returned to Fayetteville Parks and Recreation within five (5) working days after the last event per location. All items remaining after five (5) days will be considered the property of Fayetteville Parks and Recreation. x. Concessionaire shall not advertise or solicit any third -party business without prior written permission from the City of Fayetteville. xi. Maintain, at all operating times, adequate inventory of all menu items to serve park patrons at all locations. xii. Not employ any persons with a felony conviction, child safety, child abuse, or any child related charges who would be associated with this awarded contract. i. Rights and Duties of the City — The City of Fayetteville shall: I. Provide and pay for the water and electrical service. ii. In its sole discretion, replace depreciated concession equipment that is no longer useable. iii. Have the right to inspect the stand at any reasonable time during the term of the agreement. iv. Have the right to screen for felony convictions by Fayetteville Police Department. v. Pay for annual Health Department permits and post them on site. Default/Termination — If the concessionaire defaults in the payment of rent, or if it violates any other covenants of this agreement, the City may terminate this contract, and the City may immediately enter and retake possession of the concession. In the even that Concessionaire should default in the prompt payment or performance of any obligations as set forth herein, and in the even that it should become necessary for the City to collect any past due payments or to enforce the other obligations of Concessionaire as set forth herein, by suit or otherwise, City shall be entitled (in addition to all other remedies to which it is entitled) to recover the costs and expenses of litigation. This contract may be canceled by either party with a 60-day written notice. 3. ADDITIONAL INFORMATION AND REQUIREMENTS: a. The first event requiring services will be mid -February 2024. b. The City requires all vendors and contractors doing business with the City, not to discriminate against any person on the basis of race, age, color, religion, sex, ancestry, non -job -related handicaps, or national origin. The City requires the contractor to be familiar with and comply in every respect with Civil Rights Laws. c. Each submitted proposal shall list the percentage of gross sales the City will receive. Percentage proposed to the City of Fayetteville will cover the expenses for rent/lease and utilities. THIS PERCENTAGE SHALL NOT INCLUDE TAXES (Regular9.75%+ HMR 2% = 11.75% current rate). Concession sales are subject to taxes including HMR taxes. The current tax rate is 11.75%. I. Gross sales shall be defined as: The sum total of overall sales, not adjusted for customer discounts or returns, calculated simply by adding all sales invoices, and not including operating expenses, cost of goods sold, payment of taxes, or any other charge or expense. City of Fayetteville, AR RFP 23-18, Concession Services Page 14 of 26 d. Each proposal shall include an anticipated food menu of food and drink items. The City of Fayetteville reserves the right to approve the final menu. e. The schedule for the 2024 season is expected to be as follows. Schedule does not include or take into consideration seasonal extensions due to weather, etc. Concessionaire will be responsible for concession services for any extension in season schedule. i. Gary Hampton Softball Complex: Adult Softball (March — October), including tournaments (February — November) ii. Kessler Mountain Regional Park Soccer Concessions: Spring season (February — May), fall season (August — October) iii. Kessler Mountain Regional Park Baseball Concessions: Spring season (March — June), fall season(August- October iv. Lake Fayetteville Softball Complex: Youth softball (March —June), including tournaments (March — October) v. White River Baseball Complex: Spring season (March — June), fall season (August — October) vi. Wilson Park Swimming Pool: May — August f. Estimated gross sales history from previous contracts: i. 2017 = $63,330 ii. 2018 = $47,890 iii. 2019 = $78,250 iv. 2020 = $9,920 (COVID) v. 2021 = $92,860 vi. 2022 = $79,390 vii. 2023 = TBD g. An updated equipment inventory listing is provided with this RFP and is referenced as Appendix A. h. The size of each concession is estimated as follows: L Kessler Mountain Regional Park (2 concessions) — approximately 400 sq. ft. each concession ii. Gary Hampton and Lake Fayetteville Softball Complexes — approximately 150 sq. ft. each concession iii. White River Baseball Complex— approximately 150 sq. ft. iv. Wilson Park Swimming Pool (2 rooms) — approximately 100 sq. ft. and 50 sq. ft. i. The most recent menu has been, at minimum, the following with approximate prices: i. Food: 1. Hamburger-$4.50 2. Cheeseburger- $5.00 City of Fayetteville, AR RFP 23-18, Concession Services Page 15 of 26 3. Pork Sandwich - $5.00 4. Pork Nachos - $5.00 5. Brats - $4.00 6. Hot Dogs - $3.00 7. Frito Pie - $3.00 8. Cheese Nachos - $3.00 ii. Snacks 1. Popcorn - $2.00 2. Chips - $2.00 3. Pretzel - $2.00 4. Candy-$1.00 5. Pickles - $1.00 iii. Ice Cream 1. Drumstick - $2.00 2. Icee Freeze - $1.00 3. Ice Cream Sandwich - $2.00 4. Picklesicle - $0.50 iv. Drinks 1. Water-$2.00 2. Soda - $2.00 3. Gatorade - $2.50 4. Coffee - $2.00 5. Hot Cocoa - $2.00 6. Sweet Tea - $2.00 7. Lemonade - $2.00 j. The Parks and Recreation Department strongly encourages proposers to offer healthy options to customers. Examples include, but are not limited to: i. Beverages that contain 40 calories or less, 100% fruit juice with no added caloric sweeteners, and 100%vegetable juice that has less than 230mg of sodium. ii. Food that contains zero (0) grams of trans -fat and 230mg of sodium. iii. Food that has less than 10% of the calories coming from saturated fat and less than 35% of the total weight coming from sugar. k. Attached is the 2022 Fayetteville Parks & Recreation Program Report for additional information. This document is referred to as Appendix B. I. This City would be willing to discuss sending out the approved menu to all league e-mail subscribers with the Concessionaire. m. Proposers shall also include experience, if any, in coordinating third -party food vendors, including their readiness and overall approach taken. 4. PROPOSAL CONTENT: Proposals shall be prepared simply and economically, providing a straightforward, concise description its ability to meet the requirements for the project. Fancy bindings, colored displays, and City of Fayetteville, AR RFP 23-18, Concession Services Page 16 of 26 promotional material are not required. Emphasis should be on completeness and clarity of content. All documents should be typewritten on standard 8 %" x 11" white pages and bound in one volume/file. Exceptions would be schematics, exhibits, or other information necessary to facilitate the City of Fayetteville's ability to accurately evaluate the proposal. Limit proposal to twenty-five (25) pages or less, excluding one - page team resumes, references, and forms required by the City for completion. 5. CONTRACT FORMATION: If the negotiation produces mutual agreement, a contract will be considered for approval by the City of Fayetteville City Council. If negotiations with the highest-ranking Proposer fail, negotiations may be initiated with the next highest-ranking Proposer until an agreement is reached. The City reserves the right to reject all offers and end the process without executing a contract. 6. PRICE: Proposer agrees to provide the City of Fayetteville the following percentage of gross sales on a monthly basis: Year 1 = to % Year 2 = 10 Year 3 = I'D Year 4= it Year 5 = to Proposers may utilize the above section for pricing, or pricing may be listed in the proposal, in the above requested format. Pricing shall be presented in a clear manner. 7. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal submitted is not required to be ranked by the selection committee. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection committee. Following the evaluation of the proposals, the Selection Committee may request that the top-ranking firm(s) make an oral presentation or be interviewed. If presentations are necessary, they will take place in Fayetteville, Arkansas. Notices will be sent by the Purchasing Division. 1) 20% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the Proposer, partners, and project team. Indicated specialized experience and technical competence of the Proposer in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed with information on their organization. 2) 20% Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. City of Fayetteville, AR RFP 23-18, Concession Services Page 17 of 26 3) 25% Proposed Method of Doing Work: A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. 4) 25% Past Performance: Previous evaluations shall be considered a significant factor. If previous evaluations with the City are not available, the Proposer's past performance records with City and others will be used, including quality of work, timely performance, diligence, and any other pertinent information. Proposer will provide a list of similarjobs performed and person whom the City can contact for information. 5) 15% Cost/Fees: Complete costs and fees as described in this RFP and for delivery of the proposal including fiscal feasibility and financial stability. All fees shall be clearly identified with RFP response and be itemized as much as possible, including proposed menu prices and the percentage City shall receive. 8. ADDITIONAL DOCUMENTS AND INFORMATON: The following documents are included with this solicitation as additional information: a. Appendix A— Concession Inventory b. Appendix B — 2022 Parks and Recreation Program Report c. Appendix C — Estimated Revenue by Location CONTINUES ON NEXT PAGE City of Fayetteville, AR RFP 23-18, Concession Services Page 18 of 26 City of Fayetteville RFP 23-18, Concession Services SECTION C: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: Aim L �f(e Q.�1,` I—K� NUMBER OF YEARS IN BUSINESS: L Co HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: 2— FULLTIME 6 PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: Z- FULLTIME 49 PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed); 1. b& ©f I` (laP�l� 2. COMPANY 14AME COMPANY NAME &4JUDeg 14 , �*- CITY S "ATE, ZIP CONTACT PERSON TELEPHONE FAX NUMBER E-MAI L AD DRESS 3. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE FAX NUMBER E-MAIL ADDRESS City of Fayetteville, AR RFP 23-18, Concession Services Page 19 of 26 CITY, STATE, ZIP CONTACT PERSON TELEPHONE FAX NUMBER E-MAIL ADDRESS 4. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE FAX NUMBER E-MAIL ADDRESS City of Fayetteville RFP 23-18, Concession Services SECTION D: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. City of Fayetteville, AR RFP 23-18, Concession Services Page 20 of 26 Corporate Name of Firm: LL -' ZZt Title of Primary Contact: Primary Contact: Dy ,�te% Phone#1(cell prefPerred): `�� L" 5r�� " ���Phone#2: E-Mail Address: cu&I 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. DEBARMENT CERTIFICATION: As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Signature certifies that neitheryou noryour principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: )I"4e,�e'j LLCM^ //"".D(('%"k-1hlki ( /�,, PHYSICAL ADDRESS: U1jLt' 'V% y C_V,^(a Ce- 6 1`Agkk- of I I�', /�i'�� 7 270,:3 MAILING ADDRESS: TAX ID #: L11 AR. SECRETARY OF STATE FILING #: City of Fayetteville, AR RFP 23-18, Concession Services Page 21 of 26 PHONE: 41-1 -53a ,7-qq q FAX: E-MAIL � -h& souf-eil-/1 bu . CO XI ►1RLI_�111:0 -� v v PRINTED NAME: /64^ 91you'r TITLE: 0V DATE: 6 '�S-d-3 END OF RFP DOCUMENT City of Fayetteville, AR RFP 23-18, Concession Services Page 22 of 26 City of Fayetteville RFP 23-18, Concession Services SECTION E: Draft Contract THIS AGREEMENT is executed this day of 2023, by and between the City of Fayetteville acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and *CONCESSIONAIRE* (hereinafter called Concessionaire), in consideration of their mutual covenants agree as follows: *CONCESSIONAIRE* shall provide concession services to the Parks and Recreation Division for the CITY in those assignments to which this Agreement applies during the performance of services defined in the scope of work. All services shall be performed under the direction of a firm - registered in the State of Arkansas and qualified in the particular field. 1. Contracted parties: This agreement shall be binding between all pa as identified in appendices. 2. Entire Agreement and Exhibits: This Agreement sets between the parties on the subject matter of this conditions, definitions, representations or warra Agreement other than those as expressly provided h duly executed written instrument signed bythe CITY ar Appendices included under this order. Contract language in this Appendix A: Scope Appendix B: it Appendix C Appendix D: 3. Term: This lease for approximat lease shall au : Renewal 3 of 4 for services shall be provided reement and understanding all not be bound by any subject matter of this ant may be modified only by a RE*. Ping and shall govern in the following all exhibits: as RFP 23-10, Concession Services response rf of Insurance date approved by the Fayetteville City Council and shall extend on November 30, 2024. Upon agreement of both parties, the single year terms: ruary 1, 2025 and ending November 30, 2025 February 1, 2026 and ending November 30, 2026 February 1, 2027 and ending November 30, 2027 d. Renewal 4 of 4: Beginning February 1, 2028 and ending November 30, 2028 4. Rent/Report: Concessionaire agrees to pay City an amount equal to percent of all gross sales of food, beverages and refreshments no later than ten (10) working days following the close of each month. In addition to the rental payment, Concessionaire shall file a monthly report on the form supplied by the City. The rental payment and monthly report shall be delivered to the Parks and Recreation Offices at 1455 S. Happy Hollow Rd., Fayetteville, AR 72701. Any payments to City not made when due shall incur interest after maturity at the rate of 6%. 5. Records: The City shall have the right at all times to examine Concessionaire's books and records and City of Fayetteville, AR RFP 23-18, Concession Services Page 23 of 26 verify rental paid. Any errors or omissions shall be adjusted. 6. Use: The lease premises shall be used only for the purpose of selling food, beverages, and such refreshments as are usually incidental to a restaurant, caf6, or soft drink concession, but specifically excluding any alcoholic beverage or tobacco products. Further, Concessionaire shall not use or permit the stand to be used for any unlawful, improper or offensive purpose whatsoever. 7, Maintenance: The City will perform all major and minor repairs in each of the concession stands leased by the Concessionaire; and will, in its sole discretion, make any such repairs as are necessary for the preservation of the said stand(s). Concessionaire shall promptly notify the Parks and Recreation Division of any needed repairs. 8. Insurance: Concessionaire shall provide proof of worker's compensat'12D as required by Arkansas Statute and liability insurance with a minimum coverage of: a. $300,000 for one person involved in death or injury b. $500,000 for two or more persons involved in deatJy injury 9. Rights and Duties of *CONCESSIONAIRE*: a. Conduct said business as not to interfere with or activities on the property. b. Open and staff the concession Stan . ime the as scheduled activities, unless otherwise stipulated by the Parks and Recrea R staff. c. Open each day, at least fifteen (15) utes e first scheduled game and shall remain open until the last game h onclude othe ise stipulated by the Parks and Recreation Division staff. d. Comply with all to tate federa ws, rules, regulations, orders, guidelines, and/or directions, including, ales tax, H_MB tax,_ payroll tax, and the Arkansas Department h g u i es regar g food preparation. e. Maintai otect, a cure oncession building, equipment, and leased premises. f. Conces ire is resp 'ble for replacing concession equipment if equipment is damaged beyond n I wear. equipment cannot be loaned or removed from the park premises without per n fr ark staff. g. Clean premises of all debris in accordance with the Arkansas Department of Health guidelines. h. Surrender leased premises at the end of each term in the same condition (except for normal wear) as received, including, but not limited to removal of all refuse. i. Leased premises must be cleaned and returned to Fayetteville Parks and Recreation within five (5) working days after the last event per location. All items remaining after five (5) days will be considered the property of Fayetteville Parks and Recreation. j. Not employ any persons with a felony conviction, child safety, child abuse, or any child related charges who would be associated with this awarded contract. City of Fayetteville, AR RFP 23-18, Concession Services Page 24 of 26 10. Rights and Duties of the City: The City of Fayetteville shall: a. Provide and pay for the water and electrical utility services. b. In its sole discretion, replace depreciated concession equipment that is no longer usable. c. Have the right to inspect the stand at any reasonable time during the term of the agreement d. Have the right to screen for felony convictions by the Fayetteville Police Department. 11. DefauIt/Term!nation: If *CONCESSIONAIRE* defaults in the payment of rent, or if it violates any other covenants of this agreement, the City may terminate this contract, and the City may immediately enter and retake possession of the concession. In the event that Concessionaire should default in the prompt payment or performance of any obligations as set forth herein, and in the event that it should become necessary for City to collect any past due payments or to enforce the other obligations of Concessionaire as set forth herein, by suit or otherwise, City shall be entitled (in ad n to all other remedies to which it is entitled) to recover the costs and expenses of litigation. This act may be canceled by either party with a thirty (30) day written notice. 12. Freedom of Information Act: City of Fayetteville contrac d documen ared while performing city contractual work are subject to the Arkansas Freedo nformation Act. I edom of Information Act request is presented to the City of Fayetteville, *CO ON will do eve ything possible to provide the documents in a prompt and timely manner as presc he Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally aLltkQrized photo ing costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price: Changes, shall not be allowed without a Council in advance of the ch in 14. Indemnification: *CONCESSIOF participate, defend r actions, damage ses a arising out of resulting in *CONCESSION 's capacity of *CONCESSIONA' or any legally liable. 15. Miscellaneous: PF'e7Mntsinscope,price,orfeestothiscontract amendment approved by the Mayor and the City cost, Yi`aIl ify, hold harmless and, not excluding the City's right to f its officers, or employees from and against all liabilities, claims, cluding without limitation reasonable attorneys' fees and costs, fay om the performance of professional services for the City in agency, and caused by any willful or negligent error, omission, or act ,n employed by it or anyone for whose acts *CONCESSIONAIRE* is a. All actions, whether sounding in agreement or in tort, relating to the validity, construction, interpretation, and enforcement of this agreement shall be instituted and litigated in the courts of the State of Arkansas. b. Concessionaire hereunder shall not sell, sublet, or assign this agreement or any portion thereof to any other person or persons. c. Upon agreement by both parties, any part of this agreement may be changed which will benefit the operation of concession. This agreement shall be amended only upon mutual written agreement signed by all parties. City of Fayetteville, AR RFP 23-18, Concession Services Page 25 of 26 16, Gratuities: If CITY .OF FAYETTEVILLE finds after a notice and hearing that *CONCESSIONAIRE* or any of their agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to *CONCESSIONAIRE*, terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and *CONCESSIONAIRE* by its authorized officer has made and executed this Agreement as of the day angLyear first above written. CITY OF FAYETTEVILLE, ARKANSAS LIONELDJORDAN, MAYOR AT By Ka Is City of Fayetteville, AR RFP 23-18, Concession Services Page 26 of 26 TITLE City of Fayetteville, AR RFP 23-18, Concession Services Attachment A: Concession Inventory Lake Fayetteville Softball Complex Beverage Coolers (1) Ice Machine Gary Hampton Softball Complex Ice Machine Beverage Cooler (1) (Doublewide) Kessler Mountain Regional Park - Soccer Beverage Coolers (1) (Doublewide) Hot Dog Roller City Fridge (1) Coffee Maker Deep Freezer (1) Kessler Mountain Regional Park — Baseball Field 1-4 Kessler Mountain Regional Park — Baseball Fields 5-8 Ice Machine Refrigerator (1) (Doublewide) Upright Freezer (1) Doublewide) Beverage Cooler (1) (Doublewide) Countertop Food Display Case Popcorn Machine Nacho Cheese Machine Coffee Maker White River Baseball Complex Wilson Park Swimminu Pool Beverage Coolers (1) Freezer Chest (3) Mini -Fridge City of Fayetteville, Arkansas Attachment B: 2022 Parks and Recreation Program Report 2022 Report Program Team/Sessions Participants Youth Recreational Soccer (Spring) 100 1,090 Adult Recreational Soccer (Spring) 21 279 Youth Recreational Soccer (Fall) 89 970 Adult Recreational Soccer (Fall) 18 288 Youth Softball (Spring/Summer) 23 249 Wilson Park Pool Attendance 19,565 Adult Coed Kickball (Summer) 32 480 Adult Coed Kickball (Fall) 24 360 Adult Slow Pitch Softball (Sping) 57 855 Adult Slow Pitch Softball (Summer) 62 930 Adult Slow Pitch Softball (Fall) 61 930 Youth Baseball (Spring) 77 855 Youth Baseball (Fall) 43 520 Baseball Tournaments (Spring/Summer) 775 9,300 Softball Tournaments (Spring/Summer) 190 2,280 Total 38,951 City of Fayetteville, AR RFP 23-18, Concession Services Attachment C - Estimated Revenue by Location City Concessions Revenue (10% of Gross Sales) 2022 2021 Wilson Park - Pool Concessions $8,020.00 $6,110.00 Lake Fayetteville Concessions $2,130.00 $2,830.00 Kessler Mountain Regional Park Concessions $3,690.00 $23,930.00 Gary Hampton Concessions $65,550.00 $59,990.00 Subtotals $79,390.00 $92,860.00 Estimated Gross Sales (based on 10% revenue reporting) 2019 2018 Based on City's 10% income received from concessionaire Wilson Park - Pool Concessions $9,760.00 $9,280.00 Lake Fayetteville Concessions $5,760.00 $12,830.00 Kessler Mountain Regional Park Concessions $8,750.00 $10,620.00 Gary Hampton Concessions $53,980.00 $15,170.00 Subtotals $78,250.00 $47,900.00