Loading...
HomeMy WebLinkAboutReso 94-175 - Approve entering into an agreement for Catering/Concession Services to the convention center by & between the COR & Richard Guy Paulson, Individiually and DBA Paulson's Catering for period 07/01/94 through 06/30/99 with options to renew 0 RESOLUTION NO. 94- /7.5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO AN AGREEMENT FOR CATERING/CONCESSION SERVICES TO THE CONVENTION CENTER BY AND BETWEEN THE CITY OF REDDING AND RICHARD GUY PAULSON, INDIVIDUALLY AND DBA PAULSON'S CATERING, FOR THE PERIOD JULY 1, 1994, THROUGH JUNE 30, 1999, WITH OPTIONS TO RENEW FOR TWO SUCCESSIVE ONE-YEAR TERMS. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. That the City Council of the City of Redding hereby approves entering into the above Agreement between the City of Redding and Richard Guy Paulson, individually and doing business as Paulson's Catering, a true copy of which is attached hereto and incorporated herein by reference. 2. That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City; and the City Clerk is authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council of the City of Redding on the 21st day of June , 1994, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson,, Kehoe, McGeorge, Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None d� OBERT C. ANDERSON, Mayor City of Redding V A T: FO PROVED: CONNIE STROHMAYER, y Clerk RANDALL A. HAYS, ty Attorney \ CJ i AGR.EEME�YT THIS AGREEMENT is made and entered into effective the 1st day of July, 1994, by and between the CITY OF REDDING, a Municipal Corporation, hereinafter called "CITY," and RICHARD GUY PAULSON, INDIVIDUALLY AND DOING BUSINESS AS PAULSON'S CATERING, hereinafter called "CONCESSIONAIRE," who agree as follows: W I T N E S S E T H: 1. CONCESSIONAIRE agrees to furnish- catering/concession services to the Convention Center for the City of Redding for a period of five (5) years, commencing July 1, 1994, and terminating June 30, 1999, subject to the provisions of paragraph 6 herein, and consistent with his Proposal dated April 26, 1994, a copy of which is attached hereto as Exhibit A and made a part hereof by reference. CONCESSIONAIRE shall have two one-year options to extend the term of this Agreement; such options shall extend the initial three-year term hereof for two additional one-year periods, to June 30, 2000, and June 30, 2001, respectively. If LESSEE exercises such option(s) , all of the terms, covenants, conditions, and agreements of this Agreement shall remain in full force and effect, with the exception of this clause covering CONCESSIONAIRE' s options to renew. The options shall be exercised by written notice addressed by CONCESSIONAIRE to CITY no less than 180 days prior to the expiration of the then-current term. 2. CONCESSIONAIRE agrees that said services shall be performed (1) in a good and workmanlike manner; (2) in strict accordance with the "Request for Proposal for Furnishing Catering Services and/or Concession Services to the Convention Center for the City of Redding, California (Proposal Number 2838) ," a copy of which is attached hereto as Exhibit B and incorporated herein by reference; (3) upon the terms and conditions set forth below; and (4) to the satisfaction of CITY, and that failure to do so shall constitute a material breach of this Agreement and grounds for the cancellation thereof by CITY as herein provided. 3. For the aforesaid concession privileges, CONCESSIONAIRE agrees to pay CITY, in the manner provided for in the attached Request for Proposal/Exhibit B, the percentages of annual gross receipts as set forth in his Proposal/Exhibit A attached hereto. If CONCESSIONAIRE fails to make payment of said percentages as set forth above, CITY shall have the right to make immediate claim upon CONCESSIONAIRE's Performance Bond and receive payment thereunder. 4. CONCESSIONAIRE agrees to keep and maintain the CITY- owned equipment listed in the attached Request for Proposal/Exhibit B in a good and clean condition and repair, and not to remove said equipment from the Convention Center at any time for any purpose. If any of said equipment is removed, CITY shall have the right to make immediate claim therefor upon CONCESSIONAIRE' s Performance Bond and receive payment thereunder. 5. CONCESSIONAIRE shall not, without the previous written consent of CITY, assign this Agreement or any interest therein. Any purported assignment, either direct or by operation of law, or under or in pursuance of any order, judgment, decree, or process of any Court, shall be wholly void and shall, at the option of CITY, work a forfeiture of this Agreement. The consent of CITY to the first or any other assignment shall not be a consent to any subsequent assignment, and the prohibition against assignment without consent shall continue in force as against any assignee. 6. CITY, when in its judgment feels it will best serve the public interests, may cancel this Agreement upon 30 days' advance written notice to CONCESSIONAIRE. 7. CONCESSIONAIRE agrees to pay promptly when due any and all taxes assessed against his personal property and any possessory interest tax levied by reason of his use of the Convention Center. 8. It is expressly agreed that in carrying out the terms of this Agreement, CONCESSIONAIRE shall be construed to be an 2 independent contractor, and nothing in this Agreement is intended nor shall be construed to create an employer-employee relationship or a joint venture relationship with the CITY. 9. Any notices or demands that may be given by either party hereunder, including notice of default and notice of termination, shall be deemed to have been fully and properly given when made in writing, enclosed in a sealed envelope, and deposited in the United States Post Office, certified mail, postage prepaid, addressed as follows: To CITY c/o Director of Community Services, 760 Parkview . Avenue, Redding, California 96001-3396; and to CONCESSIONAIRE at 700 Auditorium Drive, Redding, California 96001. 10. It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto have set their hands on the days and year set forth below. CITY OF REDDING DATED: , 1994 By: ROBERT C. ANDERSON, Mayor DATED: , 1994 RICHARD GUY PAULSON, individually and doing business as PAULSON'S CATERING ATTEST: FORM APPROVED: CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney 3 e PROPOSAL FOR FURNISHING CATERING/CONCESSION SERVICES TO THE CONVENTION CENTER (Schedule #2838) PAGE P-1 Single Caterer/Concession Proposal with exclusive right and obligation to provide food and beverages to all events at the City of Redding Convention Center, buildings or any tented or fenced temporary extensions thereof. To: The City of Redding Carolyn J. Roberts, Purchasing Officer Date: A;r1 96th The undersigned Paulson ' s Catering (Corporate Name of Proposer) agrees to furnish to the City of Redding Convention Center at the figures quoted below in accordance with specifications on file in the office of the Purchasing Department of the City of Redding, a copy of which is attached hereto and hereby made a part of this proposal : Item #1 - FOOD Food is defined for the purposes of this proposal as any and all prepared food, including tea, coffee and milk, served by the Proposer and intended for consumption on the premises by persons situated at tables , i.e . , breakfasts , lunches, dinners, and buffet meals . The amounts listed on each item below shall be expressed in terms of a percentage of annual gross receipts the proposer agrees to pay to the City of Redding for concession rights . Such percentage may, at proposer' s option, be increased as specific levels of annual gross sales are achieved during the five (5) year term of the contract: Percentage to Annual Gross Recei is be paid to City $ - $ 25, 000 15 % 25,001 - 50 , 000 15 % 50, 001 - 75 , 000 15 % 75, 001 - 100 , 000 15 % 100, 001 - 125, 000 15 % 125 , 001 - 150 , 000 15 % All over 150, 000 15 % EXHIBIT A e PROPOSAL FOR FURNISHING CATERING/CONCESSION SERVICES TO THE CONVENTION CENTER (Schedule #2838) PAGE P-1 Single Caterer/Concession Proposal with exclusive right and obligation to provide food and beverages to all events at the City of Redding Convention Center, buildings or any tented or fenced temporary extensions thereof. To: The City of Redding Carolyn J. Roberts , Purchasing Officer Date: AFrii ?ht-.h The undersigned Paulson ' s Catering (Corporate Name of Proposer) agrees to furnish to the City of Redding Convention Center at the figures quoted below in accordance with specifications on file in the office of the Purchasing Department of the City of Redding, a copy of which is attached hereto and hereby made a part of this proposal : Item #1 - FOOD Food is defined for the purposes of this proposal as any and all prepared food, including tea, coffee and milk, served by the Proposer and intended for consumption on the premises by persons situated at tables , i .e . , breakfasts , lunches, dinners, and buffet meals . The amounts listed on each item below shall be expressed in terms of a percentage of annual gross receipts the proposer agrees to pay to the City of Redding for concession rights . Such percentage may, at proposer ' s option, be increased as specific levels of annual gross sales are achieved during the five (5) year term of the contract: Percentage to Annual Gross Receipts be paid to City $ - $ 25 , 000 15 % 25 ,001 - 50 , 000 15 % 50 , 001 - 75 , 000 15 % 75 , 001 - 100 ,000 15 % 100, 001 - 125 , 000 15 % 125 , 001 - 150 , 000 15 % All over 150 , 000 15 % PROPOSAL--CATERING/CONCESSION SERVICES PAGE P-2 It is to be understood that the percentage paid atleach level of annual gross receipts shall apply only to that fraction of the total gross receipts exceeding that particular level . Item #2 - BARS , EXCEPT "Free Pour" (Corkage) Bar is defined as any and all beer, wine , whiskey, gin, vodka, champagne, etc. served by the Caterer/Concessionaire across any bar on the. premises or at any table service on the premises. The amounts entered on each item below shall be expressed in terms of a percentage of annual gross receipts the Proposer agrees to pay to the City of Redding for the concession (rights . Such percentage may, at the Proposer ' s option, be increased as specific levels of annual gross sales are achieved during the five (5) year term of the contract: Percentage to Annual Gross Receipts be paid to City $ - $ 25 , 000 lg % 25 , 001 - 50 , 000 19 % 50 , 001 - 75 , 000 19 % 75 , 001 - 100 , 000 19 % All over 100 , 000 19 % It is to be understood that the percentage paid at'leach level of annual gross receipts shall apply only to that fraction of the total gross receipts exceeding that particular level. �- Item #3 - "FREE POUR" BARS (Corkage) I This item is defined for the purpose of this proposal to include all of the services for which the Proposer makes alcharge to any lessee of the Convention Center, wherein the lessee proposes to serve patrons alcoholic beverages without charge, and shall expressly include the charge for all ingredients, including alcohol , mixes and ice, bartender service, other labor, containers, etc. Percentage of annual gross receipts received in this 20 % PROPOSAL--CATERING/CONCESSION SERVICES PAGE P-3 The amount listed on this item shall be expressed in terms of a percentage of the annual gross receipts the proposer agrees to pay to the City out of the total receipts received on; this item for the concession rights : Item #4 - SNACK BARS , AUDIENCE HUSTLING This includes all candies , soft beverages, hot dogs, sandwiches, pastries and snack items either across the counter or by hustling. The basis of this proposed amount entered below is the percentage of gross receipts to be paid to City. Percentage of annual gross receipts received in this 19 % NOTE : Audience hustling will not be permitted except by special written permission of Management. The sale of , candy floss , snow-cones, peanuts in shell and chewing gum will not be permitted under any circumstances . Item #5 - MISCELLANEOUS ADDITIONAL COMMODITIES The basis of this proposed amount is the percentage of gross receipts to be paid to City. Percentage of annual gross receipts received in this 35 % The figures quoted herein are firm, and are not subject to change . It is understood that this proposal will remain open and shall not be withdrawn for a period of sixty (60) days from the date prescribed for the opening of this proposal. I hereby acknowledge receipt of the following addenda issued for the Catering/Concession Services proposal. ** Addendum No. Addendum No. Addendum No. Addendum No. PROPOSAL--CATERING/CONCESSION SERVICES PAGE P-4 Additionally, Proposer shall submit with the proposal a signed credit release authorization form herein attached. ** **NOTE : FAILURE TO ACKNOWLEDGE ADDENDA, IF ANY, AND PROVIDE THE CREDIT RELEASE FORM MAKES THE PROPOSAL NON-RESPONSIVE. 1 The Proposer shall be prepared to commence performance at the Convention Center no later than July 1 , 1994 . With the exceptions of the items provided by the City in accordance with, the attached specifications , the Proposer shall be required to provide all other cooking utensils, table service , equipment, bar equipment, vending machines , labor, etc. required to perform catering, contract in accordance with proposal terms . The City desires the right and option to extend any contract hereunder at the same terms and conditions for ', one to two additional one-year periods from the expiration date of this contract. State whether or not said option (s) is/are granted. First one-year extension option Yes X No Second one-year extension option Yes X No Respectfully submitted, 700 AUDITORIUM DRIVE PAULSON ' S CATERING (Mailing Address) (Corporate Name of Proposer) REDDING , CALIFORNIA 96001 By- (City, State & Zip) (Signature) ( 916 ) 225-4430 RICHARD G . IPAULSON(owner ) (Telephone) (Print Name & Title) CITY OF REDDING BUSINESS LICENSE: # 5409 (License No. ) 12/31/94 (Expiration Date) CRFPCS REQUEST FOR PROPOSAL FOR FURNISHING CATERING SERVICES AND/OR CONCESSION SERVICES TO THE CONVENTION CENTER FOR THE CITY OF REDDING, CALIFORNIA (Proposal Number 2838) The City of Redding invites proposals for furnishing catering services and/or concession services for the City of Redding Convention Center. Proposals will be received by the City Clerk of ', the City of Redding, at the City Hall, 760 Parkview Avenue, Redding, CA 96001-3396 , until 3 : 00 P.M. , Tuesday, April 26 , 1994 , 1 including any submitted by mail. PROPOSALS RECEIVED AFTER THIS DATE WILL NOT BE ACCEPTED OR CONSIDERED. The said proposals will be opened at 3 : 00 P .M. , on Tuesday, April 26 , 1994 , in City Hall Conference Room "A" , 760 Parkview Avenue , Redding, CA. All proposals must be submitted on the proposal forms provided herein on pages P-1 through P-4 . Those Prospers wishing to respond shall provide the original and two copies of the proposal. Proposals shall be based upon the terms and conditions as set forth in the "General Information for Proposers and Proposal Specifications" as provided by the City of Redding' and attached hereto. Proposals must be signed by an authorized member of the firm to be considered as a valid proposal. CRFPCS EXHIBIT B I REQUEST FOR PROPOSAL - CATERING SERVICES AND/OR CONCESSION SERVICES PAGE 2 The City of Redding reserves the right to reject any or all proposals . In addition, the City will award the contract in a manner consistent with the City purchasing ordinance . Non-acceptance of any proposal means that another approach has been deemed to be more advantageous for the City. It is the City ' s intent to recommend award to the most favorable Proposer. As such, proposed percentages must be valid through the proposed contract period. Any supplemental information should be provided to the City. THE CITY OF REDDING Purchasing Department Caroly J. Roberts Purchasing Officer 916-225-4137 REQUEST FOR PROPOSAL FOR FURNISHING CATERING SERVICES AND/OR CONCESSION SERVICES TO THE CONVENTION CENTER FOR THE CITY OF REDDING, CALIFORNIA (Proposal Number 2838) PAGE 1 GENERAL INFORMATION FOR PROPOSERS AND PROPOSAL SPECIFICATIONS INVITATION TO RESPOND The City of Redding ' s goal is to acquire catering services and/or concession, services that will provide for the needs of the various activities at the Convention Center. Only Caterers and/or Concessionaires who are qualified and are or have been established in the business of providing catering and/or concession services are invited to submit proposal (s) . If a Proposer submits more than one proposal each proposal submitted must be complete and independent. Proposal/proposals shall be submitted on proposal forms provided by the City of Redding. I . SCOPE The service contemplated by these specifications consists of furnishing commodities to be sold, involved labor, materials , equipment not provided by the City of Redding except as listed in Exhibit A, licenses and permits to conduct and operate the Food and Beverage Concessions at the facility for a specified period of time. II . DEFINITIONS 1 . It is understood that the word "Convention Center" as used hereinafter shall be construed to mean the buildings or any tented or fenced temporary extensions thereof only of the City of Redding, California, Convention Center. 2 . "City" as used hereinafter means the City of Redding, Redding, California. 3 . "Management" as used hereinafter means the Manager of the Convention Center as approved by the City of Redding City Manager. 4 . "Lessee" as used hereinafter means any person, persons, or organization which rents from the City of Redding any or all portions of the building and grounds covered by these specifications . REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 2 5 . "Concessionaire and/or Caterer" as used hereinafter means the person, persons or organization who are , or shall be granted the concession privileges described herein. 6 . "Proposer" means the person, firm or corporation submitting a proposal on these specifications or on any part thereof. III . PROPOSAL ELIGIBILITY 1 . Proposers shall submit with their proposal/proposals a complete list of restaurants, cafes , bars, stands, concessions , food processing and manufacturing operation, and catering businesses they have operated, with dates , at any time during the ten years immediately prior to May 1 , 1994 . The proposal/proposals of any Proposer who does not submit this information will not be considered. 2 . Proposers are required to submit with their proposal/proposals a financial statement as of March 31 , 1994 . 3 . Proposers must submit with their proposal/proposals , the names and addresses of any partnerships , co-ownerships, and subcontractors who may have or will have a financial or other interest in their operation at the Convention Center. If a financial interest, the partner or co-owner or subcontractor shall also summit a financial statement in the same manner and form as required of Proposer. 4 . Proposers are required to submit with their proposal/proposals, an inventory as of April 1 , 1994 , of their plates, dishes, cooking equipment, cups , glasses, table service, serving pieces, and service equipment presently owned by them and available for use at the Convention Center. 5. PROPOSER MUST COMPLETE ATTACHED "CREDIT RELEASE AUTHORIZATION" AND RETURN WITH PROPOSAL DOCUMENT. IV. PAYMENTS TO CITY OF REDDING 1 . For the purpose of determining gross receipts, the caterer or concessionaire will exclude any amounts collected as sales tax for the benefit of Federal, State, County or City, and also exclude any amounts received as a gratuity or tip and paid out to or allowed to be kept by employees . REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 3 2 . Caterer or Concessionaire payments made to the City based on gross receipts will be made by the 15th of the month following the month the receipts were received by the Caterer/Concessionaire . Such payments shall be accompanied by statements showing detailed receipts in such form as prescribed by Convention Center Management. Additionally, the Concessionaire/Caterer will provide a detailed report of sales immediately following each event or day of sale. 3 . After seven days in arrears, penalties and interest shall accrue at the rate of 1-1/2% on the unpaid balance per month. V. THE CATERER OR CONCESSIONAIRE AGREES When submitting proposal/proposals , the following requirements shall be agreed to by the Caterer/Concessionaire: 1 . Except for items furnished by the City as listed in Exhibit "A" attached hereto, successful Proposer shall agree to accommodate 1500 - 2000 people at a sit down dinner, by furnishing, at Proposer' s own expense, all labor, materials , tools, food, beverages, and to provide all necessary equipment such as chinaware and silverware , glassware, cutlery, cooking utensils , steam table, portable coffee urns , food carriers, meat slicers , extra walk-in or other refrigerators, compressors, hand trucks , counters , bars and bar equipment, table coverings, successful Proposer ' s approved portable equipment, price and other signs , cash registers with tape readouts , and such other items as reasonably deemed necessary by Management. 2 . Proposer shall agree to perform all work in a good and workmanlike manner, in strict accordance with regularly accepted industry standards , to comply with all Federal, State and local laws, rulings, and regulations including those of the County Health Department and City Fire Department. 3 . To be responsible, at his own cost, for maintenance and repair or replacement in the event of loss , of all equipment and facilities owned by the Convention Center and used for Concessionaire or Catering operations during the term of this contract, except for maintenance of water and gas lines, electrical services and sewers , when maintenance or repair is required due to no fault of the Caterer or Concessionaire. Reasonable wear and deterioration from normal use is excluded from Caterer' s or Concessionaire ' s responsibility. REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 4 4 . Not to remove at any time for any purpose from the Convention Center any equipment owned by the City, other than with the express written permission of Management. 5 . That the prices of commodities or services shall be no more than charged for comparable commodities to local residents in Northern California . Quality as well as quantity prepared or served shall be taken into account in establishing prices . 6 . To post, within fifteen ( 15) days after the award of the Catering/Concession contract by City, a faithful performance bond in the principal sum of Ten Thousand Dollars ($10 , 000 . 00) to remain in force during the life of the contract or any extension or amendment thereof, and thirty (30) days subsequent thereto, for the purpose of guaranteeing fulfillment of contract provisions and payment of the following items : a. Any amounts due the City under terms of these specifications or the contract. b. Any damage or loss of Convention Center property. C . Utility and other charges, if any. d. Removal and storage expense incurred by the City if the Caterer or Concessionaire does not promptly remove his property from the premises within fifteen (15) days after his contract is terminated. e. Cost incurred by the City at the time the contract is terminated if the Caterer or Concessionaire fails to leave premises in satisfactory condition. 7 . To obtain necessary licenses at his own cost, including an Alcoholic Beverage License , and to pay all State, Local and Federal taxes . 8 . Caterer and/or Concessionaire shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work and services provided hereunder by the Caterer and/or Concessionaire its agents, representatives , employees or subcontractors: REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 5 A. Commercial General Liability at least as broad as Insurance Services Office occurrence form CG 0001 , with limits no less than $1 , 000 , 000 per occurrence/$2 , 000 , 000 general aggregate for bodily injury, personal injury and property damage . B. Automobile Liability at least as broad as Insurance Services Office form number CA 0001 (ED. 1/87) covering all owned, non-owned, and hired vehicles used as part of commercial operations at the Convention Center , in an amount not less than $1 , 000 , 000 per accident for bodily injury and property damage. C. Workers ' Compensation insurance at statutory limits . D. Employers ' Liability at no less than $1 , 000 , 000 per accident for bodily injury or disease . E. Liquor Liability insurance , in an amount not less than $1 , 000 , 000 per occurrence . F. The General Liability, Automobile Liability, and Liquor Liability policies are to contain, or be endorsed to contain, the following provisions: 1 . The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Caterer and/or Concessionaire; and with respect to liability arising out of the products , work, or operations performed by or on behalf of the Caterer and/or Concessionaire. 2 . For any claims related to this contract, the Caterer and/or Concessionaire ' s coverage shall be primary insurance as respects the City, its officers, officials , employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials , employees, and volunteers shall be excess of the Caterer and/or Concessionaire ' s insurance and shall not contribute with it. 3 . Each insurance policy shall be endorsed to state that coverage shall not be cancelled except after 30 days prior written notice has been given to the City. - o e REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 6 G. Insurance is to be placed with insurers admitted in the State of California with a current A.M. Best ' s rating of no less than A:VII , unless otherwise acceptable to the City. H. The Caterer and/or Concessionaire shall furnish the City with original signed certificates and endorsements effecting coverage required by this agreement . The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time . Notwithstanding any other provision in this policy, insurance afforded hereunder to the City of Redding shall be primary as to any other insurance or re-insurance covering or available to the City of Redding, and such other insurance or re-insurance shall not be required to contribute to any liability or loss until and unless the appropriate limits of liability afforded hereunder are exhausted. The successful Proposer shall defend, indemnify, save and hold harmless , the City of Redding, its officers , agents and employees , from any loss , demands, claims, suits, damages or actions that may be brought by third persons on account of bodily injury or death; personal injury; damage to property or personal interest; or violation of any law, regulation or ordinance; where the third person ' s loss , demand, claim, suit, damages or action arises in whole or part out of any negligent or other act or omission of the contracting agency or its officers, employees, and agents, while performing the services agreed to, save and except those actions arising out of the sole negligence of the City. 9 . Caterer or Concessionaire shall not be permitted to sublet minor concessions or services for smaller groups or banquets without first obtaining the written permission of Management. Caterer/Concessionaire may be required to accede to the subletting of catering/concession services in those instances where management judges said subletting to be in the best interest of all parties . In such instances of required subletting Caterer/Concessionaire will be compensated in such fashion as is negotiated to the mutual agreement of all parties concerned. Caterer or Concessionaire may not assign his entire contract without first obtaining the written permission of Management. REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 7 10 . To make available, on reasonable notice , to Management all applicable bank deposit slips and statements , inventories , audit accounts , income and other tax statements, and cash register readings together with any other records reasonably deemed necessary by Management for its purpose . The City may need all business records to determine money due in some instances . 11 . That Management shall have the right to request and the Caterer or Concessionaire must, upon request of Management , discharge immediately any employee for the following reasons: a. Dishonesty. b. Uncleanliness . c>. Use of abusive or profane language . d. Any conduct reasonably deemed by Management to be contrary to the best interest of the City of Redding. 12 . That Caterer/Concessionaire will occupy the position of an independent contractor with exclusive general control over Caterer ' s/Concessionaire ' s employees except as otherwise herein provided; and will be responsible at all times for the appearance and conduct of his employees. All employees of the Caterer or Concessionaire shall be neatly attired in clean uniforms with name tags identifying the caterer and with individual employee identification numbers, all as approved by the Convention Center Management. The Caterer/Concessionaire shall provide a high level service with a minimum of one (1) waitress or waiter for every twenty-four (24) persons to be served for any one banquet function, plus one ( 1) helper for every two waitresses or waiters. 13 . The Caterer/Concessionaire shall submit all menus and prices to the Convention Center Manager or authorized representative for approval . Menus and meal prices shall be comparable to those menus and prices made for the same kind and quality of service for similar establishments elsewhere within the Redding area, allowing for the sale of only the highest quality food and beverage products . t � • REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 8 14 . In serving the public catered dinners, banquets , luncheons or breakfasts , the Caterer will not use any plastic or paper material , such as cups, napkins, table coverings, plates or utensils , unless first authorized in writing by the Convention Center Manager. All service must be with cloth napkins and table coverings , glass, china and metal . All service equipment must be approved by the Convention Center Manager or his appointed representative . Salt and pepper shakers must be china, glass or equal . Water glasses must be glass or clear plastic . Cocktail glasses must be clear plastic. This paragraph does not include the snack bar area where paper cups , plastic and paper materials are required. 15 . That Caterer/Concessionaire will use no advertising matter or signs unless previously approved by Management in writing. 16 . That all served foods and beverages will be of the best quality and comparable to other first-class food and beverage operations in the Redding area. "Left-overs" will not be served. Cater/Concessionaire when serving beverages shall use leakproof containers, not throw bottle caps on floor, not make unreasonable noise , and not vend except when expressly permitted by Management. 17 . That no public address (sound) system will be used unless permission has first been obtained from Management. 18 . That Bars, except "Free Pour" operation, permanent or temporary as approved by Management, shall offer and sell beer, wine , mixed or straight alcoholic beverages . "Free-Pour Bar" is defined as a bar where the customer organizing the event pays the Caterer or Concessionaire for each bottle used, with the bartenders being furnished by the Caterer or Concessionaire . When such a "Free-Pour Bar" is used or requested by Management, the Caterer or Concessionaire may impose a charge per bottle according to comparable charges for such services in the Redding area. 19 . That "Free Pour" Bars will be operated where and when requested by Management. 20 . That permanent and temporary service stands will be operated where and when requested by Management; that food and beverages served will be previously approved by Management; that served wieners will consist of top quality meat, at least five to the pound, of at least sixty-five per cent (65%) beef and not more than thirty-five per cent (35%) pork. T � • REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 9 21 . That "Walking Vendors" , selling food and beverages to audiences , must be approved by Management in advance for each operation . 22 . That catering service will be offered and meals served when and where requested by Management, provided that the meal or meals requested are at prices in accordance with price schedules agreed upon in advance by the Caterer or Concessionaire and Management. Prices shall be set at amounts charged for comparable food and services to local residents in the Redding area. Quality as well as quantity prepared or served shall be taken into account in establishing prices . However, in the event that Caterer or Concessionaire and Management cannot agree as to the price or prices for a meal or meals , Management reserves the right to make other arrangements for the serving of a meal or meals , except that the kitchen facilities may not be used for the preparation or serving of such meals without the prior consent of the Caterer or Concessionaire at any time . 23 . That unless concessions are personally operated by the Concessionaire, Concessionaire will employ a general manager satisfactory to Management, or a designated alternate , to be at the Convention Center at all times during operation of a concession . 24 . That Caterer/Concessionaire will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Caterer/Concessionaire will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion sex or national origin. Such action shall include , but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Caterer/Concessionaire agrees to post in conspicuous places , available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this Equal Opportunity clause. Caterer/Concessionaire shall, in all solicitations or advertisements for employees placed by or on behalf of the Caterer or Concessionaire , state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 10 In the event of Caterer/Concessionaire ' s noncompliance with the Equal Opportunity clause of this contract or with any of the said rules , regulations , or orders , this contract may be cancelled, terminated or suspended, in whole or in part. 25 . Caterer/Concessionaire will provide presentation materials in the form of photographs of previously catered events and sample menus for the use in sales discussions with prospective Convention Center users. VI . THE CITY OF REDDING AGREES 1 . To furnish the Caterer or Concessionaire the necessary number of employees entrance passes and parking privileges for any event wherein the Caterer or Concessionaire is to offer services. 2 . To furnish general illumination, electricity, water, gas , garbage and trash removal without cost to the Caterer or Concessionaire , except that new installations will be made only by the City at Caterer ' s or Concessionaire ' s expense. 3 . To furnish the Caterer or Concessionaire only such equipment and furnishings as are installed by City on the Convention Center premises at the time of award of the catering or concessions contract. To grant to Caterer or Concessionaire the exclusive use and occupancy of the Convention Center kitchen area and facilities for the duration of the Caterer' s or Concessionaire ' s contract with the City, and any extensions thereof, provided contract is awarded to single caterer with exclusive rights . The premises shall include the patios on the North and South of the building and the caterer or concessionaire will be authorized by the City of Redding to purvey alcoholic beverages on those patios upon approval of the appropriate regulatory agencies. 4 . The City of Redding agrees to furnish that storage space that is available in the kitchen and such other storage space as may be determined to be available by management from time to time . The Caterer/Concessionaire will be responsible for storage for Caterer' s property that cannot be accommodated in designated storage areas in the Convention Center at such other place of Caterer' s/Concession' s choosing. f REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 11 5 . To grant the Concessionaire , except as otherwise herein specifically provided, all exclusive rights to food and beverage concessions for a period of five (5) years , to sell , give, serve or otherwise distribute all foods , beverages, candy and all other edible commodities, and to install coin-operated vending machines subject to first obtaining written approval of Management as to each such machine. VII . STIPULATIONS 1 . Management reserves the right to cancel the Caterer' s or Concessionaire ' s contract, or to take over temporarily, if the Caterer or Concessionaire refuses at any time to pay amounts due the City at specified times , or if Caterer or Concessionaire fails to obtain any required licenses; or if Caterer or Concessionaire fails to keep and submit proper records or fails to maintain food quality equal to first class restaurants in the Redding area for any extended period of time; or if Caterer or Concessionaire fails to operate concessions where any such failure is not due to difficulties beyond the control of the Caterer or Concessionaire . Any prevention, delay, or stoppage due to strikes , lockouts , labor disputes , acts of God, inability to obtain labor or materials or reasonable substitutes therefore , enemy or hostile governmental action, civil commotion, fire or other casualty, and any other causes beyond the reasonable control of the party obligated to perform shall excuse performance by such party for a period equal to any such prevention, delay or stoppage . 2 . Nothing in these specifications shall be construed to prohibit a Convention Center Lessee from exhibiting any merchandise or article in connection with any exhibit or other type of event, (or from dispensing free samples of merchandise in reasonable quantities) or from taking orders for future delivery, provided the same is permitted by Management . It is agreed, too, that should a Lessee ' s Rental Contract permit Lessee to sell merchandise of any description other than food and beverages, that Lessee shall be permitted to do so. It is agreed, further, that Management may permit the sale of candies and other packaged or wrapped foods (packaged in bulk) primarily for consumption off of Convention Center premises during a Lessee ' s rental period. 3 . Management reserves the prerogative to wave the exclusive right of Caterer/Concessionaire with respect to the provision of light refreshments for small meetings. REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 12 VIII .CONTACT BETWEEN PROPOSER AND CITY OF REDDING 1 . Contact for Information JOHN GORMAN. . .DIRECTOR OF COMMUNITY SERVICES . . . 916-225-4100 CAROLYN J. ROBERTS. . .PURCHASING OFFICER. . . . . . . . 916-225-4137 If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other errors in the RFP , Proposer shall notify Carolyn J. Roberts , City Purchasing Officer, in writing by Tuesday, April 5 , 1994 . Inquiries concerning the RFP should be submitted in writing to Carolyn J. Roberts , City Purchasing Officer, City of Redding, Purchasing Department, 760 Parkview Avenue , Redding, CA 96001-3396 , and the envelope should be marked "Catering Services and/or Concession Services" , Schedule #2838 . Inquiries are to state the page and applicable paragraph number (s) to which the question (s) pertain. 2 . Letters of Objection Any Proposer believing that any part of the Request for Proposal is discriminatory against the proposer or precludes the Proposer from being given reasonable consideration in the procurement process must submit a letter by Tuesday, April 5 , 1994 , to Carolyn J. Roberts , City Purchasing Officer, clearly stating the specific objections and the areas of concern to the proposer and including a proposed method for resolution of such objections. Proposers are cautioned that any such objections not timely raised in the manner specified herein, shall not be considered. The City, upon timely receipt of any such letter of objection, shall consider the Proposers objections and when in the opinion of the evaluation team, a modifications of the Request for Proposal shall serve the best interest of the City, revisions to this RFP, in the form of an addendum, shall be issued to all Proposers. 3 . Return of RFP In the event your firm or organization decides not to submit a proposal , it is requested that you return this RFP within ten ( 10) days of issuance. Please include a letter indicating that your firm does not wish to submit a proposal and the reasons which influenced your decision. REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 13 IX. EVALUATION CRITERIA Granting of a contract shall be based on past experience in the catering and or concession field, quality of service , years of service , diversity of menus, type , quality and quantity of equipment resource/resources, and percentage of projected profit for the City. All of the above will be reviewed by the selection committee. X. CALENDAR OF EVENTS The tasks and schedule for the evaluation process are summarized in the following table: Activity Responsibility A. Release of City of Redding--03/29/94 Request for Proposal B. Advertise in local newspaper City of Redding--03/30/94 & 04/01/94 C. Proposer Proposal Conference City of Redding--10 : 00 A.M. 04/07/94 D. Submission of Proposals Proposer----------3 : 00 P.M. 04/26/94 E. Evaluation of Proposals City of Redding--04/27/94---05/03/94 F. Contract Discussions City of Redding--05/04/94---05/10/94 G. Recommendation to City Council City of Redding--05/17/94 or 06/07/94 The activities shown above require the additional detail that follows : Proposer ' s Proposal Conference For purposes of answering questions and clarifying details, an open proposer' s conference will be conducted on Thursday, April 7, 1994, at 10 : 00 A.M. , in the City of Redding, Convention Center, Room 125 , 700 Auditorium Dr. , Redding, CA. REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 14 Submission of Proposals Proposals are due no later than Tuesday, April 26 , 1994 , at 3 : 00 P.M. including any submitted by mail. Proposals shall be delivered to: City Clerk City of Redding 760 Parkview Avenue Redding, CA 96001-3396 Attn: Catering Services and/or Concession Services Schedule #2838 XI . EVALUATION OF PROPOSALS The City of Redding reserves the right to reject any and all proposals . Non-acceptance of any proposal will not imply criticism of the proposal or convey any indication that the proposal or service was deficient . Non-acceptance will mean that another approach was deemed to be more advantageous to the City of Redding. All participating vendors will be notified of the decision that is reached. Oral Presentations Vendors may be requested to orally present highlights of their proposal to the City or its representatives . Contract Discussion Specific contractual terms will be resolved in negotiations so that a complete recommendation can be made to the City Council. During the RFP process, the City of Redding makes the following assumptions: Assumptions : A. All catering services and/or concession services percentages shall be included and specified in the proposal. B. City will assume that each and every statement contained in the proposal is correct and complete. The contents of the proposal of the selected Proposer will be considered as contractual obligations. Failure to meet those obligations may result in cancellation of negotiations. REQUEST FOR PROPOSAL--CATERING SERVICES AND/OR CONCESSIONS SERVICES PAGE 15 C. All material submitted in response to this RFP becomes the property of the City of Redding and may be returned only at the option of the City. Proposals submitted may be reviewed and evaluated by any person (s) at the discretion of the City of Redding. ' t r EXHIBIT "A" INVENTORY OF KITCHEN EQUIPMENT 1 - Stero Glass and Dishwashing Machine--Serial #1317669 1 - Koch Freezer--Upright (3 door) 1 - Middleby-Marshall Bakers Rotating Oven (Chub Co. ) 2 - Carter-Hoffman Food Warmers 2 - Seco Coffee Urns--Serial #69234 and #69235 1 - Kelvinator Ice Cream Freezer 2 - Titan Serving Carts 3 - Titan Dish Carts 6 - Gas Vulcan Ovens 4 - Gas Burners 2 - Large Gas Grill Plates 3 - 8 ' Stainless Work Tables 3 - 8 ' Wooden Chopping Block Tables 1 - Vulcan Automix (Big Mixer) --Serial #530C 1 - Hamison Walk-In Box (Approximately 5 ' x 10 ' )