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HomeMy WebLinkAboutRFP - P695 ROLLAND MOORE TENNIS PRO SHOP CONCESSIONCity of Fort Collins , Admind1l Services Purchasing Division REQUEST FOR PROPOSAL CITY OF FORT COLLINS ROLLAND MOORE TENNIS PRO SHOP CONCESSION PROPOSAL NO. P-695 The City of Fort Collins is requesting proposals for a concessionaire to operate the Rolland Moore Park Tennis Pro Shop The selected concessionaire will sell merchandise, provide pro -shop services, and rent equipment from the Pro Shop building Written proposals, five (5) in number, will be received at the City of Fort Collins' Purchasing Division, 256 West Mountain Avenue, Fort Collins, Colorado 80521 Proposals will be received before 2.30 P.M (our clock), October 8, 1998. Proposal No. P-695 Questions concerning the scope of the project should be directed to the Project Manager, Marc Rademacher, 970-221- 6309 Questions regarding proposals submittal or process should be directed to Jim Hume, Buyer, 970- 221-6776 Sales Prohibited/Conflict of Interest No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered This rule also applies to subcontracts with the City Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited Collusive or sham proposals Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities Sint rely, James B O'Neill II, CPPO Dtrector of Purchasing & Risk Management 256 W Mountain Avenue • PO Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 ROLLAND MOORE PARK RACQUET CENTER PRO -SHOP CONCESSION AGREEMENT This Concession Agreement, hereinafter called the "Agreement', made and entered into as of the 1st day of January, 1999, by and between The City of Fort Collins, Colorado, a municipal corporation, hereinafter called "City", and IS, hereinafter called "Concessionaire " WITNESSETH: GENERAL SCOPE OF SERVICES The Concessionaire agrees to provide Pro Shop services in accordance with the following articles and the scope of services attached hereto as Exhibit A, consisting of IM pages, and incorporated herein by this reference ARTICLE 1 - Concession Space 1 1 Definition of Concession Space For the purposes of this Agreement, the "Concession Space" shall mean the Tennis Pro Shop located in Rolland Moore Park and the storage shed located northwest of the Pro Shop ARTICLE 2 - Concessionaire's Use of Concession Space 21 In General The City grants to Concessionaire the following rights and privileges 21 1 Subject to other limitations expressed in this Agreement, the right to exclusive use of the Concession Space for Pro Shop operations (and for no other purpose) in such spaces and manner as may be prescribed by the City ARTICLE 3 - Rights of Ingress and Egress 3 1 In General Concessionaire shall have the right of ingress and egress to and from the Concession Space and Parks for Concessionaire's employees, agents and invitees to the extent reasonably necessary in connection with the conduct of Concessionaire's business under this Agreement Areas designated as restricted areas by the City shall be excluded 32 Closures The City may, at any time, temporarily or permanently, close or consent to or request the closing of any roadway or any other way at, in or near Rolland Moore Park, presently or hereafter used as such, so long a reasonable and safe means of ingress and egress as provided above remains available to Concessionaire ARTICLE 4 - Undertakings of Concessionaire 41 Pro Shop Services 41 1 Concessionaire agrees to provide the following minimum services Racquet stringing and ball machine rentals Tennis lessons Sales of tennis -related items 41 2 Concessionaire acknowledges the desire and obligation of the City to provide the public with quality merchandise and a high level of service Therefore, Concessionaire agrees to offer for sale from the Concession Space only merchandise and services at prices not to exceed the prices customarily charged for similar items in Fort Collins area Pro Shop operations If, in the opinion of the City, the selection of items offered is inadequate or not of acceptable quality, if any of the prices are excessive or if any of the items are found to be objectionable for display and/or sale in a public facility, the City shall meet and confer with Concessionaire regarding such matters However, Concessionaire acknowledges that the City's determination as to the same shall be conclusive Failure of Concessionaire to correct, rectify or modify its prices or quality within seven (7) days of being advised in writing to do so shall be cause for default 41 5 Concessionaire may not add, remove or otherwise vary its services listed in Section 4 1 1 without the prior written authorization of the City Representative V }p Vu{{�bvi�(pIVFmf u�„�V;�y ia.. 43 Concessionaire Personnel Concessionaire shall control the conduct and demeanor of its agents and employees Upon objection from the City concerning conduct or demeanor of any such person, the Concessionaire shall immediately take all lawful steps to remove the cause of the objection If the City so requests, Concessionaire agrees to supply and require its employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form for which shall be subject to prior and continuing approval of the City 44 Physical Interference Concessionaire shall not do, nor permit to be done, anything which may interfere with the effectiveness or accessibility of the drainage system, sewerage system, fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if any, installed or located in Rolland Moore Park 45 Taxes Concessionaire agrees to pay all lawful taxes, assessments and payments -in -lieu which, during the term of this Agreement or any extension hereof become due or which, may become a lien or which may be levied or charged by the State, County, City of Fort Collins or other tax -levying body upon or with respect to the Concession Space, upon any taxable interest acquired by the Concessionaire in this Agreement, or any taxable possessory right which Concessionaire may have in or to the Concession Space or facilities or the improvements thereon, by reason of Concessionaire's occupancy thereof, or otherwise, as well as all taxes on taxable property, real or personal, owned by Concessionaire or taxes on Concessionaire's operations or activities in or about the Concession Space or elsewhere at Rolland Moore Park Nothing shall prevent Concessionaire from protesting, through due process, any taxes levied ARTICLE 5 - Term 51 Period The term of this Agreement shall commence on January 1, 1999 and, unless terminated sooner, expire on December 31, 1999 In addition, at the option of the City, the Agreement may be extended for an additional period of up to four (4) one year terms Changes in the Concession Agreement shall be negotiated by and agreed to by both parties 52 Holding Over In the event that the Concessionaire, or its successor in interest, if any, shall remain beyond the term set forth herein, although no right to remain is given by this Article, it is the intention of the parties and it is hereby agreed that a right of use from month -to -month shall then arise subject to all provisions and conditions of this Agreement in connection with such right, except that the City shall have the sole right to determine reasonable fees for any holdover period ARTICLE 6 - Fee For Conducting Business 6 1 Concession Fee For the privilege of conducting the concession operations hereunder, the Concessionaire shall pay to the City an amount equal to in per year 62 Time of Payment The Concessionaire shall pay the Concession Fee to the City, on annual basis but, in no event, later than thirty (30) days after the beginning of the initial period or any renewal period 63 Interest on Past Due Amounts Concessionaire shall pay interest on all past due amounts at the rate of eighteen percent (18%) per annum from the due date, until paid 64 Method of Payment Payment for all fees under Article 6 shall be by check or money order payable to the order of "City of Fort Collins" and shall be mailed or personally delivered to the Program Administrator at the address specified in Section 1 1 ARTICLE 7 - Services to be Provided by the City 71 The City will be responsible for a Maintenance to the courts, buildings, and surrounding areas b Providing Youth and Adult group lessons at Rolland Moore Park c Trash removal from Parks trash containers d Scheduling of all courts through the Sports Office ARTICLE 8 - Acceptance and Trade Fixtures 81 Acceptance Concessionaire accepts the Concession Space "as is " 82 Installation of Equipment and Trade Fixtures No equipment or trade fixtures and other personal property used by Concessionaire in its business, whether or not attached to the concession space at Rolland Moore Park or any Improvements thereon, shall be installed without the prior written approval of the City 83 Removal of Equipment, Trade Fixtures Concessionaire shall have the right at any time during the term of this Agreement or upon termination and within thirty (30) days thereafter, to remove all trade fixtures and equipment subject to any valid lien the City may have thereon for unpaid rents Any property not so removed by Concessionaire upon termination shall become a part of the realty on which it is located and title thereto shall vest in the City 84 Applicable Law All trade fixtures or equipment installed by Concessionaire pursuant to this Section shall be subject to and conform in all respects to the applicable statutes, ordinances, building codes, rules and regulations of all governmental agencies which have jurisdiction over such matters ARTICLE 9 - Damage to Parks by Concessionaire Concessionaire shall be liable for and shall repair or cause to be repaired within fifteen (15) days after occurrence any damage to Rolland Moore Park, including the Concession Space, caused by Concessionaire, its board members, officers, agents, employees or anyone acting under its direction and control, ordinary wear and tear excepted If the damage for which Concessionaire is liable is to the Concession Space, Concessionaire shall continue to be liable for all rent owed for the Concession Space, even if it has been rendered untenantable ARTICLE 10 -Total or Partial Destruction 101 Concession Space Rendered Untenantable, Except as Provided in Article 9 Above In case, during the term of this Agreement, the Concession Space or any part thereof shall be destroyed or shall be so damaged by fire or other casualty so as to be rendered untenantable or unusable, then, in such event, at the option of the City or Concessionaire, the term hereby created shall cease, and this Agreement shall become null and void from the date of such damage or destruction, and Concessionaire shall immediately surrender the Concession Space and its interest therein to the City, provided, however, that the City or Concessionaire shall exercise such option to so terminate this Agreement by notice, in writing, delivered to the other party within thirty (30) days after such damage or destruction In the event neither the City nor Concessionaire shall elect to terminate this Agreement, this Agreement shall continue in full force and effect, and the City shall repair the Concession Space, equipment, signs and trade fixtures or other personal property installed by Concessionaire, with all reasonable speed, placing the same in as good a condition as it was at the time of the damage or destruction and for that purpose may use the proceeds of any insurance payable on account of such damages In any event, Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment and other items of its personal 4 property within five (5) days after request being made by the City 102 Concession Space Tenantable If the Concession Space shall be only injured by fire or the elements to such extent so as not to render the same untenantable and unfit for use and occupancy, the City shall repair the same with all reasonable speed 103 Exception for Damage Caused by Concessionaire In the event of damage caused by Concessionaire as addressed in Article 9 of this Agreement, the provisions of Article 9 shall govern in any conflict between Article 9 and Article 10 104 No Claim by Concessionaire No compensation or claim shall be made by or allowed to Concessionaire by reason of any inconvenience or annoyance arising from the necessity of repairing any portion of concession space at Rolland Moore Park, however the necessity may occur ARTICLE 11 - Indemnification and Insurance 11 1 City's Liability The City shall not in any way be liable for any cost, liability, damage or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever or whatsoever as a result of any operations, works, acts or omissions performed by Concessionaire, its agents, employees or Concessionaires 11 2 Indemnification Concessionaire covenants that it will indemnify and hold the City harmless from all claims, demands, judgments, costs and expenses, including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by any person by reason of injury to or death of any individual person or persons, or by reason of damage to, destruction or loss of use of any property, including City's personnel and City's property, directly or indirectly arising out of, resulting from or occurring in connection with any operations, works, acts or omissions of Concessionaire As used herein the term "Concessionaire" and "City" includes the respective directors, officers, agents, employees and Concessionaires of Concessionaire and City 11 3 Patent Representation Concessionaire represents that it is the owner of or is fully authorized to use any and all services, processes, machines, articles, makes, names or slogans used by it in its operation or in anyway connected with this Agreement 114 Concessionaire Insurance Without limiting any of the Concessionaire's obligations hereunder, the Concessionaire shall provide and maintain general liability insurance coverage naming the City as an additional insured with limits of not less than $1,000,000 11 5 Precautions Against Injury The Concessionaire shall take all necessary precautions in performing the operations hereunder to prevent injury to persons and property 5 11 6 Failure to Insure Failure of Concessionaire to take out and/or maintain, or the taking out and/or maintenance of any required insurance shall not relieve Concessionaire from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations on Concessionaire concerning indemnification ARTICLE 12 - No Interest in Real Property Concessionaire agrees that this Agreement constitutes merely a license to use and occupy the Concession Space for a limited purpose and does not create or convey to Concessionaire any interest in real property ARTICLE 13 - Assignment The Concessionaire shall not assign this Agreement without prior written consent of the City nor permit any transfer by operation of law of Concessionaire's interest created hereby, other than by merger or consolidation ARTICLE 14 - Right of City to Enter, Inspect and Make Repairs 141 In General City and their authorized employees, agents, Concessionaires and other representatives shall have the right (at such times as may be reasonable under the circumstances and with as little interruption to Concessionaire's operation as is reasonably practicable) to enter upon the part of the Concession Space for the following purposes 141 1 To inspect such premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Concessionaire has complied with and is complying with the terms and conditions of this Agreement with respect to such premises, 141 2 To perform or cause to be performed maintenance and make repairs and replacements 14 1 3 To make structural additions and alterations 1414 For any other lawful purpose 142 Obstruction by City All entries made for the purposes enumerated above shall, except as otherwise provided in Article 10, Total or Partial Destruction, be without abatement of rent or damage for inconvenience However, in the event any entry by City in the part of the Concession Space housing the vending machines for the purpose of making repairs or alterations as provided for in Section 14 1 2 above (other than repairs necessitated as a result of damage by Concessionaire under Article 9), constitutes a substantial obstruction to and impairment of Concessionaire's right of use of such Concession Space, then Concessionaire shall be entitled to a fair and just abatement of the rent for such premises during the period required by City to make such repairs 143 Obstruction by Concessionaire In the event that any personal property of Concessionaire shall obstruct the access of the City, their 6 officers, employees, agent or Concessionaires, or a utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Concessionaire shall move such property, as directed by the City or said utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair If Concessionaire shall fail to so move such property after direction from the City or said utility company to do so, the City or the utility company may move it without liability for damage sustained in moving 144 No Eviction or Abatement Exercise of any or all of the foregoing rights in this Article, by the City, or others under right of the City, shall not be, nor be construed to be, an eviction of Concessionaire, nor be made the grounds for any abatement of rental nor any claim or demand for damages against the City, consequential or otherwise, except claims for damages to person or property caused solely by the negligence of the City ARTICLE 15 - Default, Rights of Termination 15 1 Default by Concessionaire Time of payment and performance is of the essence of this Agreement Concessionaire shall be in default under this Agreement upon the occurrence of any one or more of the following events 151 1 Concessionaire's failure to pay any fee or other charge when due and within ten (10) working days after notice from City of such nonpayment 151 2 Concessionaire's failure to maintain the insurance required above 151 3 Concessionaire's assignment of any right hereunder in violation of Article 13 15 1 4 Concessionaire's failure to perform, keep or observe any of the terms, covenants or conditions within seven (7) days (or such longer time as may be necessary to cure provided that cure is commenced within the initial seven [7] days) after notice from the City specifying the nature of the deficiency with reasonable particularity and the corrective action that is to be taken within such period to cure the deficiency 151 5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an involuntary petition in bankruptcy against Concessionaire, the taking of possession of all or substantially all of Concessionaire's assets pursuant to proceedings brought under the provisions of any federal reorganization act or the appointment of a receiver of all or substantially all of Concessionaire's assets and the failure of Concessionaire to secure the return of such assets and/or the dismissal of such proceeding within ninety (90) days after the filing 151 6 The taking of possession of the Concession Space, or any portion thereof, or all or substantially all of the assets of Concessionaire by virtue of any attachment, execution or levy of any judicial process in any action instituted against Concessionaire in any court of competent jurisdiction and the failure of Concessionaire to secure the release of such attachment, execution or levy within sixty (60) days from the date of the taking of such possession 15 1 7 The assignment by Concessionaire of its assets for the benefit of creditors 152 City's Remedies on Default 1521 In the event of a default by Concessionaire, the City may terminate this Agreement by notice in writing to Concessionaire In the alternative, the City may elect to keep the Agreement in force and work with Concessionaire to cure the default If this Agreement is terminated, Concessionaire's liability to City for damages and rent shall survive the termination, and the City may re-enter, take possession of the Concession Space and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages 1522 Following re-entry or abandonment, City may make arrangements for use of the Concession Space by others and in that connection may make any suitable alterations or refurbish the Concession Space, but City shall not be required to make such arrangement for any use or purpose 153 Rights and Remedies Reserved It is understood and agreed that any rights and remedies reserved pursuant to this Article are in addition to any other rights or remedies the City may have pursuant to this Agreement or to applicable law to seek judicial enforcement, damages or any other lawful remedy ARTICLE 16 - Miscellaneous Provisions 161 Cumulative Rights All remedies provided in this Agreement shall be deemed cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy available to the City, or Concessionaire, at law or in equity, and the exercise of any remedy, or the existence hereiryof other remedies or indemnities shall not prevent the exercise of any other remedy W 162 Non -Waiver The failure by either party to exercise any right or rights accruing to it by virtue of the breach of any covenant, condition or agreement herein by the other party shall not operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by such other party, nor shall such other party be relieved thereby from its obligations under the terms hereof 163 Non -liability of Individuals No director, officer, agent or employee of either party hereto shall be charged personally or held contractually liable by or to the other party under any term or provision of this Agreement or of any supplement, modification or amendment to this Agreement because of any breach thereof, or because of its or their execution or attempted execution of the same 164 Limitations on Park Use Concessionaire shall not use, or permit the use of Rolland Moore Park, or any part thereof, for any purpose or use other than those authorized by this Agreement 165 Governing Law This Agreement shall be performable and enforceable in Larimer County, Colorado, and shall be construed in accordance with the laws of the State of Colorado 166 Benefits This Agreement is made for the sole and exclusive benefit of the City and Concessionaire, their successors and assigns, and is not made for the benefit of any third party 167 Construction In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same 168 Successors and Assigns All covenants, stipulations and agreements in this Agreement shall extend to and bind each party hereto, its legal representatives, successors and assigns 169 Headings The paragraph headings and titles of the several articles of this Agreement are inserted herein for convenience and reference only, and are not intended and shall not be construed to affect in any manner the terms and provisions hereof, or the interpretation or construction thereof 16 10 Attorney Fees In the event any legal action or proceeding is brought to collect sums due or to become due hereunder or any portion thereof or to enforce compliance with this Agreement for failure to observe any of the covenants of this Agreement, the losing party agrees to pay to the prevailing party such sums as the Court may judge reasonable attorneys' fees and costs to be allowed in such action or proceeding and in any appeal therefrom 1611 Entire Agreement This Agreement which is the entire agreement between the parties hereto, supersedes all prior agreements, understandings, warranties or promises between the parties hereto, whether written, spoken, or implied from the conduct of the parties hereto 1612 Severability In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either City or Concessionaire in their or its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement 1613 Surrender of Possession Upon the expiration of this Agreement or its earlier termination as herein provided, Concessionaire shall remove all of its property and surrender entire possession of its rights to the City and its improvements in accordance with Section 9 above, unless this Agreement is renewed or replaced 1614 City Representative The City designates 0, as its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to this Agreement All requests for contract interpretations, amendments and other clarifications or instructions shall be directed to the City Representative 1615 Notices Notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given upon personal delivery or upon deposit in the United States Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such other address as the parties may designate from time to time by notice given in accordance with this Section Concessionaire City James B O'Neill II, CPPO Director of Purchasing and Risk Management City of Fort Collins P O Box 580 Fort Collins, Colorado 80522 16 16 Schedules and Exhibits Whenever reference is made in this Agreement to a Schedule or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule or Exhibit shall be deemed attached to and by the reference incorporated in this Agreement 1617 Force Mateure Neither the City nor the Concessionaire shall be deemed in violation of this Agreement if prevented from performing any of its obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, act of public enemy, acts of superior governmental authority, weather conditions, rights, rebellion, sabotage or any other circumstances for which it is not responsible or that are not within its control 1618 No Limitation on General Powers Nothing in this Agreement shall be construed as in any way limiting the general powers of the City to fully exercise their governmental functions or their obligations under any bond covenants or federal, state or local laws, rules or regulations 1619 No Relationship Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or a partnership or a joint venture between the parties hereto 1620 Survival To the extent necessary to carry out all of the terms and provisions hereof, the said terms, obligations and rights set forth herein required shall survive and shall not be affected by the expiration or termination of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above End of Sample Agreement I� Proposal No. P- 965 Rolland Moore Tennis Pro Shop Concession Section 1.0: Proposal Requirements 1 1 General Description The City of Fort Collins is soliciting proposals for a concessionaire to operate the Rolland Moore Park Tennis Pro Shop The selected concessionaire will sell merchandise, provide pro -shop services, and rent equipment from the Pro Shop building. 1 2 Proposal Submittal The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal Firms submitting proposals shall submit five (5) copies of the proposal with the following information a Company history and experience in pro -shop operations as described in the scope of work b A brief statement covering the company philosophy in providing pro -shop services to the Fort Collins tennis community c The name of the company representative responsible for providing further information and negotiating a possible agreement with the City d References from three or more organizations which have used your company for similar programs and services within the last two years e A written description of the proposed programs and services as required below A schedule of planned operational days and hours for the Pro Shop Such schedule should cover an entire year of operations f A statement of your company philosophy concerning customer service g Pricing, as requested The proposal must be signed by a duly authorized representative of the firm submitting the proposal The signature shall include the title of the individual signing the proposal Section 2.0• Background The City of Fort Collins has operated the Rolland Moore Racquet Center since 1984 Now the Recreation Division would like to contract with an outside vendor to run the operation The concessionaire should be able to provide a complete package of services and merchandise to the citizens of Fort Collins The Racquet Center has eight hard surface tennis courts, two platform tennis courts, and three outdoor racquetball courts The concessionaire will have exclusive rights to give private and semi- private lessons on all the above courts E A typical schedule would include Recreation sponsored Youth lessons from 8-12N and 1-5 on two courts, Adult lessons in the evenings on two courts, and Fort Collins Tennis Association (FCTA) league play most evenings on two courts Individuals drop in at all hours to play on any open courts Tournaments are held at the Racquet Center several times each year Section 3.0: Scope of Work 3 1 At a minimum, the selected concessionaire must provide a Racquet stringing services b Ball machine rentals (concessionaire must supply tennis balls for the machine) c Tennis lessons at Rolland Moore Racquet Center d Sale of tennis related items e Other services not offered by the Recreation Department f Distribution of Recreation Division literature to the public g Information about City registration procedures h Referral of citizens to the appropriate Recreation office 32 The concessionaire will be responsible for a Care, cleaning, and minor maintenance of the Pro Shop building b Cate and cleaning of the storage shed northwest of the Pro Shop c General cleaning of the area around the Pro Shop d Payment of utility expenses related to the Pro Shop operation e Care of any City property used in the Pro Shop concession (Exhibit A) 33 The City will be responsible for a Maintenance (other than cleaning) of the courts, buildings, and surrounding areas b Providing Youth and Adult group lessons at Rolland Moore Park c Landscaping, care and maintenance d Trash removal from City trash containers e Scheduling of courts through the Sports Office 34 The concessionaire shall have exclusive rights to a Pro Shop sales for goods and services b Providing private and semi -private lessons at the Rolland Moore Racquet Center c Priority use of Rolland Moore Tennis Complex courts after City programs Section 4.0: Pricang In your written response to this proposal provide pricing to cover the following items a Annual Payment to the City for Pro Shop Concession b Annual Rental Payment for City's Ball Machine, if rented c Annual Rental Payment for City's ALPHA Stringing Machine, if rented Cost to the Public for the following services a Ball Machine Rental, per hour b Private Lessons, per hour c Semi -Private Lessons, per hour d Racquet Stringing, each Section 5.0: Evaluation 51 Evaluation and Assessment of Proposal An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth below Firms shall be evaluated on the following criteria The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding rating Recommended weighing factors for the criteria are listed adjacent to the qualification Weighting Qualification Standard Factor 10 Scope of Proposal Does the proposal show an understanding of the proposal objective and desired results? Does the vendor have the needed experience to 20 Experience successfully operate the concession? Can the vendor available to operate the concession 2 0 Availability during the hours proposed? 1 0 Motivation Is the firm interested in operating the concession? 2 0 Cost Are the proposed payments and costs reasonable? Does the vendor have the capability of operating 2 0 Firm Capability the concession? 3 52 Reference Evaluation (Top -ranked firms) The Protect Managers will check references using the following criteria The evaluation rankings will be labeled Satisfactory / Unsatisfactory 53 Qualification and Standard a Overall Performance - Would you hire this company again? b Customer Service - Was the company responsive to customer needs? Did the company anticipate problems? Were problems solved quickly and effectively? c Payments — Were concession and rental payments made in full and on time? d Knowledge - Did company personnel exhibit the knowledge and skills necessary to efficiently carry on concession operations? Section 6.0. Proposal Acceptance All proposals shall remain subject to initial acceptance 90 days after the day of submittal Concessionaire may be selected on the basis of written proposals or up to three respondents may be called in for interviews Interviews will be rated using the same criteria as the written proposals A contract, substantially along the lines of Exhibit B, will be negotiated with the selected vendor 19 FE Exhibit "A" City Owned Equipment Alpha Ultra Edge III automatic stringing machine Sentry Valuguard 1310 safe Four interior steel company lockers Playmate ACE BP ball machine with remote control TECMA 1100 electronic cash register Misc office furniture desk, table, round table, cabinet, and display rack Merchandise displays, including one clothes rack and wall mounts 5 [13 Exhibit "B" TABLE OF CONTENTS Sample ROLLAND MOORE PARK RACQUET CENTER CONCESSION AGREEMENT ARTICLE....................................................................... PAGE 1 Concession Space . . .. . . . . 1 1 1 Definition of Concession Space 1 2 Concessionaire's Use of the Concession Space ......... ..............1 21 In General 1 3 Rights of Ingress and Egress 1 3 1 In General 1 32 Closures 1 4 Undertakings of the Concessionaire 2 41 Pro Shop Services 2 42 Hours of Operation 2 43 Concessionaire Personnel 2 44 Physical Interference 2 45 Taxes 5 Term 3 51 Period 3 52 Holding Over 3 6 Fee for Conducting Business 3 61 Concession Fee 3 62 Time of Payment 3 63 Interest on Past Due Amounts 3 64 Method of Payment 3 "_7 TABLE OF CONTENTS ARTICLE..................................................... ........ ....... .. PAGE 7 Services to be Provided by the City 71 The City Will be Responsible 3 8 Acceptance and Trade Fixtures . 4 81 Acceptance 4 82 Installation of Equipment and Trade Fixtures 4 83 Removal of Equipment, Trade Fixtures 4 84 Applicable Law 4 9 Damage to Parks by Concessionaire 4 10 Total or Partial Destruction 4 101 Concession Space Rendered Untenantable 4 102 Concession Space Tenantable 5 103 Exception for Damage Caused by Concessionaire 5 104 No Claim by Concessionaire 5 11 Indemnification and Insurance 5 11A City's Liability 5 11 2 Indemnification 5 11 3 Patent Representation 5 114 Concessionaire Insurance 5 11 5 Precautions Against Injury 11 6 Failure to Insure 6 12 No Interest in Real Property 6 13 Assignment 6 14 Right of City to Enter, Inspect and Make Repairs ....... .............6 141 In General 6 142 Obstruction by City 6 143 Obstruction by Concessionaire 144 No Eviction or Abatement . 7 15 Default of Rights of Termination 7 15 1 Default by Concessionaire 7 152 City's Remedies on Default 8 153 Rights and Remedies Reserved 8 2 TABLE OF CONTENTS ARTICLE................... .......................................... . ... PAGE 16 Miscellaneous Provisions 161 Cumulative Rights 162 Non -Waiver 163 Non -liability of Individuals 164 Limitations on Park Use 165 Governing Law 166 Benefits 167 Construction 168 Successors and Assigns 169 Headings 16 10 Attorney Fees 16 11 Entire Agreement 1612 Severability 16 13 Surrender of Possession 16 14 City Representative 1615 Notices 1616 Paragraph Headings 16 17 Schedules and Exhibits 16 18 Force Majeure 16 19 No Limitation on General Powers 1620 No Relationship 1621 Survival 8 8 8 8 8 9 9 9 9 9 9 9 9 10 10 10 10 10 10 10 3