HomeMy WebLinkAboutContract 39388 CITY SECRETARY2p
CONTRACT NO ,3q
CONTRACT FOR
EXCLUSIVE OPERATOR FOR CITY HALL CAFETERIA SERVICES
AT THE
FORT WORTH MUNICIPAL BUILDING
This Contract is made and entered into as of October 23, 2009, by and between the City of Fort
Worth, Texas, a home rule municipal corporation of the State of Texas, located in Tarrant, Denton
Parker and Wise Counties, Texas, ("City"), and Thomas and Thomas Ent, Inc. DB/A Drew's Place
Restaurants ("Operator"), a corporation organized and existing under the laws of the State of Texas to
operate exclusive food, beverage, and related cafeteria services in the City Hall Cafeteria at the Fort
Worth Municipal Building.
ARTICLE 1
SCOPE OF WORK
§1.01. Scope of Work
The Operator shall be the exclusive provider of and shall perform the services, set forth in Section 8
through Section 14 contained in the City's Request for Proposal No. 09-0015 issued on April 22, 2009,
hereinafter referred to as the "RFP", Contractor's bid response dated May 21, 2009, and the terms of this
Contract(the "Scope of Work"), In the event of a conflict between these documents, such conflicts shall
be resolved as follows: this Contract takes precedence over the Bid Response and the RFP, and the Bid
Response takes precedence over the RFP. Both the RFP and the Bid Response are incorporated herein
and made a part hereof for all purposes and are attached as Exhibit"A".
§1.02. General
A. The City Hall Cafeteria of the Fort Worth Municipal Building, hereinafter referred to as
the "City Cafeteria"shall be defined as the cafeteria located on the third floor of the Fort
Worth Municipal Building.
B. The Operator will provide quality and reasonably priced food services (breakfast and
lunch)to the City Cafeteria Monday through Friday from approximately 7:30 am to 2:00
pm. The Operator shall work closely with the City Manager or his/her designee, "in the
performance of any and all related tasks reasonably required by the City Manager in
order to fulfill the intent of this Contract.
C. If the Operator's method of operation, or manner of exercising the exclusive rights
granted in this Contract, interfere with or disrupt any activity in City Hall, Operator will
immediately modify its method of operation or manner of exercising its exclusive rights
to meet the approval and satisfaction of the City Manager.
D. The Operator shall endeavor, with the assistance and cooperation of the City Manager, to
improve the operations with the objective of developing maximum gross receipts
potential and quality service to the patrons.
E. The scope of work includes, but is not limited to, providing city employees and the
general public quality food service for breakfast and lunch in a clean and sant
environment.
OFFICIAt RECORD
F. Operator shall furnish all services, labor and materials necessary to provide quality food '.rARy
Page 1 of 17 FT.WORTH,TX
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service in the City Hall Cafeteria.
G. The City presently observes the following holidays: New Years Day, Martin Luther King
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after
Thanksgiving Day and Christmas Day. Further,the following days have been identified
as furlough days for city employees and the City Hall will be closed: October 12, 2009,
November 25,2009, December 24, 2009, February 15, 2010, April 2, 2010, May 28,
2010, July 2, 2010 and September 3, 2010.
ARTICLE 2
CAFETERIA PREMISES AND RIGHTS
§2.01. Cafeteria Premises
The City will make available to the Operator the "Cafeteria Premises", defined as that area that is
approximately 3,471 square feet, which includes approximately 860 square feet of kitchen space, the
commissary and the storage areas. The above described premises are to be under control of the Operator
and are located on the third floor of City Hall on the south end. The City will provide the described
premises, existing equipment, standard utilities,tables and chairs.
§2.02 Cafeteria Service Rights
A. The rights and privileges herein granted are the exclusive right to make direct sales to the
public of all food, candy, sandwiches, popcorn, and beverages, provide restaurant
services, soft drinks, and other merchandise usually and customarily handled by a
cafeteria operator in the City Cafeteria, except that the City retains the right to:
B. Allow catering of food in areas of City Hall outside the Cafeteria Premises separately and
independently from this Agreement.
C. Promulgate reasonable rules and regulations for the Operator necessary for the operation
of the City Cafeteria.
D. The City presently has in place a "Pouring Rights Agreement" with Coca-Cola and a
"Snack Vending Agreement" with Bacon-Whitney Vending. All fountain service soft
drinks and beverages that are to be sold in individual containers by the Operator must be
purchased from Coca Cola, including bottled water. Brewed coffee, iced tea, or
individual containers of milk are permitted exceptions to the "Pouring Rights
Agreement". The Operator shall not be able to place vending machines in the Fort Worth
Municipal Building.
E. The print pattern to be used on all containers, cups, bags, plastic ware, etc. used by
Operator shall be approved in advance by the City Manager.
F. The Operator shall not sell space for either temporary or permanent signs.
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ARTICLE 3
TERM
§3.01. Term Of Contract
This Contract shall be in effect for a period of two(2)years beginning October 2009 and ending
October,2011.
This Contract may, however, be extended for three (3) one-year periods at the sole discretion of the City
as approved by the City Manager. In connection with any extension, Operator shall provide notice of its
desire to extend at least sixty(60)days prior to the expiration date (as the same may from time to time be
extended). The City will, within thirty (30) days from receipt of the notice to extend, notify Operator if
the term shall be extended for an additional one (1)year period. No notice shall otherwise be required to
effect a termination by its own terms.
Upon expiration of the initial term, Operator agrees to hold over under the terms and conditions of this
Contract for such period of time as is reasonably necessary to obtain a replacement Operator, provided
such period shall not exceed ninety(90)days.
ARTICLE 4
RIGHT OF ENTRY/SURRENDER OF POSSESSION
§4.01 Right of Entry and Inspection
Operator must permit City or its agents, representatives, or employees to enter the City Cafeteria for the
purposes of reasonable inspection; determining whether Operator is complying with this Contract;
maintaining, repairing, or altering the City Cafeteria; or any other reasonable purpose. During any
inspection, City may perform any obligations that City is authorized or required to perform under the
terms of this Contract or pursuant to its governmental duties under federal, state or local laws, rules or
regulations. The City shall use its best efforts to ensure that any such maintenance, repairs and alterations
shall be affected by the City with,to the greatest extent possible, a minimal impact on the Operator and its
cafeteria operations.
Operator will permit the City's Fire Marshal or his or her authorized agents to inspect the City Cafeteria
and the City at its expense (unless occasioned by the negligence, misuse or misconduct of Operator) will
comply with all requirements of the Fire Marshal or his or her authorized agents that are necessary to
bring the City Cafeteria into compliance with the City of Fort Worth Fire Code and Building Code
provisions regarding fire safety, as such provisions exist or may hereafter be amended. Operator shall
maintain in proper condition accessible fire extinguishers, provided by City, of a number and type
approved by the Fire Marshal or his or her authorized agents for the particular hazard involved. As used
herein, the term "Legal Requirements" shall mean any and all present and future laws, statutes,
ordinances, decisions, decrees, statues, ruling, rules, codes, procedures, orders, regulations, permits,
certificates, licenses, and any other requirements of any governmental authority including, without
limitation, any safety laws, health laws, environmental laws and laws regarding the rights of and
obligations of the handicapped and disabled, including without limitation, the Occupational Safety and
Health Act and the Americans with Disabilities Act.
The above notwithstanding, Operator shall be responsible for ensuring that all of the equipment and
supplies which Operator provides and operates for the discharge of its obligations hereunder comply with
all applicable Legal Requirements.
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§4.02. Surrender of Possession
No notice to quit possession at the expiration date of the term of this contract shall be necessary. Operator
covenants and agrees that at the expiration date of the term of this Contract, or at the earlier termination
thereof, it will peaceably surrender possession of the Cafeteria Premises and applicable licenses in good
condition, reasonable wear and tear, and acts of God excepted, and the City shall have the right to take
possession of the Cafeteria Premises subject to the provisions of Article 13.
ARTICLE 5
OPERATIONS
§5.01. Occupancy Of Premises
The Operator agrees to equip and maintain the Cafeteria Premises as provided in Article 9 and 11.
§5.02. Hours Of Operation
Except as otherwise provided in this Contract, the Operator agrees to operate the Cafeteria Premises on
Monday through Friday excluding holidays and furlough days at a minimum from 7:30 am to 9:30 am for
breakfast and 11:00 am to 2:00 pm for lunch unless prior approval not to operate is granted by the City
Manager.
ARTICLE 6
PERSONNEL
§6.01. Employees
The Operator shall be entitled to employ such employees on the premises as are necessary to perform the
services required of it hereunder.
The Operator agrees to employ, train and supervise personnel with appropriate qualifications and
experience and in sufficient number to provide all the services appropriate for the cafeteria services
granted herein with a minimum of delay for the patrons. The Operator shall abide by all federal, state and
local laws,rules and regulations concerning the hiring and employment of its employees.
All employees assigned to this contract shall at a minimum,meet the required health and sanitation
standards established by the Tarrant County Public Health Laws and other city,county and state
regulations,as applicable. Not limited to the above, all personnel shall have current Food Handling
License(s)and other Health Certificates. Copies of current Health Certificates shall be submitted within
fourteen (14) working days award. Failure to perform said duties or comply with any other required
provision of this contract shall be grounds for immediate termination of the contract.
Employees shall be clean,neat, courteous, efficient,properly trained and attendant to patrons. Employees
shall be attired in clean uniforms at all times when the facility is open to patrons and shall wear a badge
with the employee name or number legibly imprinted. The type and design of the uniforms and
identification badges are subject to the approval of the City Manager. Accurate records must be kept of
the names and addresses of employees of those to whom identification badges are issued to assure proper
identification of employees at any time required by the City Manager.
Operator represents that all of its employees and subcontractors who perform services under this Contract
shall be qualified and competent to perform the services required herein. Operator agrees to replace any
employee or subcontractor that the City, in its reasonable opinion, finds unacceptable.
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§6.02. Manager
The Operator shall employ a manager who is satisfactory to the City Manager at all times during the
operation of the contract. If at any time, the City Manager finds that the Cafeteria's manager or his or her
alternate has discharged his/her responsibilities in an unsatisfactory manner, then the City Manager shall
provide Operator with written notice of the same, including a comprehensive summary of such
deficiencies. Furthermore, to the extent permitted by applicable Legal Requirements, the Operator shall
replace such manager with a manager that is reasonably satisfactory to the City Manager. If, however,the
actions of the manager endanger the health, safety and welfare of any individual, the manager shall be
immediately removed from the premises. In either event, Operator shall have thirty (30) days to replace
the manager with such substitute manager. Failure to remove or replace the manager per the terms of this
paragraph will constitute a breach of this agreement.
ARTICLE 7
SOLICITATION OF BUSINESS,DELIVERIES,OTHER SALES
§7.01. Solicitation of Business
The Operator's solicitation of business shall be made from third floor of the City Cafeteria specifically
indicated in Exhibit "C" hereto, unless otherwise assigned to the Operator by the City Manager or to a
walking vendor program specifically approved by the City Manager for each event or attraction as to
merchandise offered,periods of sale and number of walking vendors.
§7.02. Deliveries
Deliveries of all supplies, goods, wares, merchandise and equipment to the Operator shall be made at a
time and location at the City Cafeteria during normal business hours and at a mutually agreed upon
location at the City Cafeteria as designated by the City Manager. The Operator is responsible for
accepting all deliveries to his/her operation and shall schedule deliveries.
§7.03. Restrictions on Sales by Others
The City shall prohibit, and will use its best efforts to prevent vendors and peddlers not employed by the
Operator from vending or distributing their wares upon the premises under the control of the City, unless
specifically permitted by this Contact.
§7.04. Conduct of Other Business
The Cafeteria Premises used by the Operator in the City Cafeteria shall be used solely for the transaction
of business directly related to the obligations of this Contact. Foods and beverages prepared or stored in
the Concession Premises may not be sold for consumption off-premise, without written approval of the
City Manager. It is the intent that relief may be granted from the restrictions of this Article in instances
of inventory problems arising from conditions beyond the control of the Operator.
ARTICLE 8
MERCHANDISE
§8.01. Price Schedule
Operator shall implement the price scheduled for products contained in the Response to RFP 09-0015.
The Operator shall provide an up-to-date "Price Schedule" to the City Manager whenever prices are
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adjusted. Prices for products must be comparable with the prices charged for similar products sold at
comparable facilities within Tarrant County.
§8.02. Consumable Merchandise
Operator will offer customers food, drink and other consumable merchandise of first quality and standard
quantity. Consumables shall be wholesome and pure and shall conform in all respects to federal, state and
local food laws, ordinances and regulations. All merchandise kept for sale shall be subject to inspection
by representatives of appropriate governmental agencies.
§8.03.Non-Consumable Merchandise
Operator agrees that the sale of non-consumable merchandise is not allowed without the prior written
consent of the City Manager. Such approval shall be required and considered on an event --by-event
basis only and at such times and in such locations approved by the City Manager.
§8.04. Advertising
All merchandise offered for sale shall be handled without the use of special advertising, signs, displays or
oral trade names unless otherwise approved by the City Manager. Operator shall not cause or permit
advertising in the City Cafeteria and its adjacent grounds, whether for display, advertising or otherwise,
without the prior written approval of the City Manager.
§8.05. Temporary Or Portable Concession Stands
The Operator shall acquire no rights to locations of temporary or portable concession stands, unless
approved by the City Manager. The City reserves the right to require the Operator to move temporary or
portable stands and equipment when the needs of events in the facilities so require.Unless approved in
advance by the City Manager, all portable stands will be returned to the storage areas immediately upon
the conclusion of the event being served.
§8.06. Recycling
The Operator shall use its best efforts to use recycled products and/or products such as, but not limited
to, cups, plates, containers, utensils and paper products that can be recycled whenever practicable. The
City Manager shall, from time-to-time, review the Operator's use of recycled or recyclable products, and
make recommendations as to the use of such products. The City Manager will take into account the cost
of using recycled products in approving reasonable price or other adjustments to the provisions of the
Contract.
ARTICLE 9
CLEANING AND SANITATION.
§9.01. The Operator shall be responsible for:
A. Cleaning and sanitation of all food service production, storage, and service areas,
including equipment, floors, walls,ceilings, and shelving.
B. The City will be responsible for the proper cleaning of the floors in the serving area and
eating area after hours.
C. The Operator will be responsible for the proper cleaning of the floor area within six(6)
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feet of the serving line clean and will keep it free of food and other spills during their
hours of operation.
D. Cleaning of table tops, floors, emptying waste receptacles located in food service areas,
and other related sanitation functions within the food service areas during hours of
operation.
E. Cleaning and sanitizing all trash and garbage receptacles in the food service areas.
F. Arranging for the removal of grease in a manner to avoid collection and spillage.
§9.02. The City Manager shall have the right to reject the character of service and require that undesirable
practices be discontinued or remedied. Failure to take satisfactory action after notification by the City
Manager or his designee may result in the cancellation of the contract.
ARTICLE 10
BUILDING SERVICES
§10.01. Building Services
The City will furnish building services as set forth in this section but will not supply the labor or materials
for the Operator's equipment installations:
A. Utilities: The City Cafeteria will furnish standard outlets and connections as have
been installed, for hot and cold water, natural gas and electricity in the
Concession Premises. The City shall provide all such utilities to the Operator at
no cost to the Operator.
B. Equipment: The City Cafeteria will furnish existing equipment; all other
permanent and portable equipment will be furnished by Operator in accordance
with the provisions of this Contract.
ARTICLE 11
MAINTENANCE OF PROPERTY
§11.01. Right To Enter,Inspect And Make Repairs
The City and its authorized officers, employees, agents, contractors, subcontractors and other
representatives shall have the right, at such times as may be reasonable under the circumstances and with
as little interruption of the Operator's operations as is reasonably practicable, to enter upon and in the
Cafeteria Premises for the following Purposes:
A. Inspection: To inspect such premises to determine whether the Operator has complied
and is complying with the terms and conditions of this contract.
B. Maintenance: To perform maintenance and repairs.
C. Access: To gain access to the mechanical, electrical, utility and structural systems of the
facilities for the purpose of maintaining and repairing such systems.
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§11.02. Maintenance and Repair
The City shall maintain, repair and replace, if necessary, all existing equipment and furnishings. The
Operator shall not permit any waste, injury or damage upon or to the City Cafeteria or its equipment and
appurtenances. At the expiration of this Contract, the Operator shall leave the City Cafeteria and its
equipment and appurtenances in at least the same condition as that which existed at the commencement of
the contract, plus any additions, less normal wear and tear.
§11.03. Waste Removal
Waste foods and supplies will be kept in closed containers until removed from the City Cafeteria. Such
removal shall be made during and after each event. However, the City will be responsible for the removal
of debris in areas normally considered public areas, i.e. seating areas in the City Cafeteria, corridors, etc.,
except when utilized for food service purposes.
§11.04. Rodent& Pest Control
Operator shall keep the Cafeteria Premises free from infestations of pests and rodents.
ARTICLE 12
INSURANCE AND INDEMNIFICATION
§12.01. Liability Insurance
The Operator shall procure and maintain at all times, in full force and effect, a policy or policies of
insurance to provide the types and limits of coverage as specified.
A. Commercial General Liability(CGL)Insurance Policy
$1,000,000 each occurrence
$25000,000 aggregate limit
B. Automobile Liability Insurance Policy
$1,000,000 ach accident on a combined single limit basis
or
$2505000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as autos owned,
hired and non-owned.
C. Workers'Compensation Insurance Policy
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease -per each employee
$500,000 Disease-policy limit
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§12.02. General Insurance Requirements.
A. The City, its officials, employees, agents and officers shall be endorsed as an "Additional
Insured" to all policies except Employers Liability coverage under the Operator's Workers
Compensation policy.
B. All policies shall be written on an occurrence basis. If insurance policies are not written
for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is
required. Excess Liability shall follow form of the primary coverage.
C. All policies shall be written by an insurer, with an A- VIII or better rating by the most
current version of the A. M. Best Key Rating Guide or with such other financially sound
insurance carriers acceptable to the City.
D. Deductibles shall be listed on the Certificate of Insurance and shall be on a "per
occurrence"basis unless otherwise stipulated herein.
E. If coverage is underwritten on a claims-made basis, the retroactive date shall be
coincident with or prior to the date of the Agreement and the certificate of insurance shall state
that the coverage is claims-made and the retroactive date. The insurance coverage shall be
maintained for the duration of the Agreement and for five (5) years following completion of the
service provided under the Agreement or for the warranty period,whichever is longer. An annual
certificate of insurance submitted to the City shall evidence such insurance coverage.
F. Certificates of Insurance shall be delivered to the City of Fort Worth, 1000 Throckmorton
Street, Fort Worth,Texas 76102, evidencing all the required coverages, including endorsements.
G. The deductible or self-insured retention (SIR) affecting required insurance coverage shall
be acceptable to the Risk Manager of the City of Fort Worth in regards to asset value and
stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through
insurance pools or risk retention groups must also be approved.
H. All policies shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
I. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement specified herein.
J. The City shall be entitled, upon request and without expense, to receive certified copies
of policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modifications of particular policy terms, conditions, limitations, or exclusions except
where policy provisions are established by law or regulations binding upon either party or the
underwriter on any such policies.
K. The City, at its sole discretion, reserves the right to review the insurance requirements
and to make reasonable adjustments to insurance coverages and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City of Fort Worth. The
City shall be required to provide prior notice of ninety(90)days to change the insurance terms.
L. Sixty (60) days notice of cancellation or non-renewal is required and shall contain the
following language: "This insurance shall not be canceled, limited in scope or coverage,cancelled
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or non-renewed, until after sixty (60) days prior written notice has been given to the City of Fort
Worth. A ten days notice shall be acceptable in the event of non-payment of premium."
§12.03. Limitation as to Policies
All insurance policies required shall be in a form and content and with a company or companies approved
by the City Manager and qualified to do insurance business in the State of Texas. All liability carriers
must meet the approval of the City of Fort Worth Risk Management Department. Each such policy shall
provide that the policy may not be materially changed, altered or canceled by the insurer during its term
without first giving thirty(30)days prior written notice to the parties insured.
§12.04. Evidence Of Insurance
Original Certificates or other evidence of insurance coverage required of the Operator in this Article shall
be delivered to the City Manager in form and content satisfactory to the City of Fort Worth Risk
Management Department prior to the execution of this contract.
At least thirty (30) days prior to the expiration of any such policy, the Operator shall submit to the City
Manager a certificate showing that such insurance coverage has been renewed. If such coverage is
canceled or reduced, the Operator shall, within fifteen (15) days after the date of such written notice from
the insurer of such cancellation or reduction in coverage, file with the City Manager a certificate showing
that the required insurance has been reinstated or provided through another insurance company or
companies.
§12.05. Worker's Compensation Insurance
The Operator shall, at its own cost and expense, secure Worker's Compensation Insurance to an extent
sufficient to meet all workers' compensation payments required by law of the State of Texas, and each of
the persons employed or subcontracted by it in the operations of the concession rights in this contract.
§12.06. Adjustment Of Claims
Operator shall provide for the prompt and efficient handling of all claims for bodily injury, property
damage or theft arising out of the activities of Operator under this contract.
§12.07. Conditions of Default
If, at any time, the Operator shall fail to obtain the insurance as required herein, the City may effect such
insurance by taking out policies from companies satisfactory to the City Manager, and City of Fort Worth
Risk Management Department. The amount of the premiums paid for such insurance by the City shall be
payable by the Operator to the City with the installment of rent thereafter next due under the terms of this
contract.
ARTICLE 13
TERMINATION
§13.01. Either party may terminate this agreement without cause upon sixty(60) days notice to the other
party. Upon termination,the Operator shall cooperate with City to insure a smooth transition.
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ARTICLE 14
TAXES AND FEES
§14.01. The Operator covenants and agrees to pay promptly all lawful general taxes, special-assessments,
excises, license and permit fees and charges of whatever nature, applicable to its operations in the City
Cafeteria and to take out and keep current all licenses,municipal, state or federal,required covenants and
agrees not to permit any of said taxes, assessments,excises, fees or charge to become delinquent.
ARTICLE 15
INDEMNIFICATION
§15.01. Operator covenants and agrees to and does hereby indemnify, hold harmless and defend,
at its own expense, the City, its officers, servants and employees, from and against any and all
claims, causes of action or suits, including but not limited to, Workers' Compensation Act liability,
lost profits, property damage, and personal injury, including death, to any and all persons, of
whatsoever kind or character,whether real or asserted, arising out of the use and occupation of the
facilities by Licensee. THIS INDEMNITY PROVISION (INCLUDING,WITHOUT LIMITATION,
INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO
OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR
SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY
ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT,
INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF
WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER ACT,
OMISSION,OR CONDITION WHATSOEVER OF THE CITY OR ITS PROPERTY.
ARTICLE 16
DEFAULT AND REMEDIES
§16.01. Termination on Default
The following shall be deemed events of default by Operator under this Contract:
A. Operator attempts to assign this Contract without the prior written consent of City;
B. Operator fails to use the City Cafeteria per the terms and the purpose of this Contract
without written consent of the City;
C. Failure by the City Manager to take any action upon default by Operator of any of the
terms, covenants or conditions required to be performed, kept and observed by the Operator shall
not be construed to be or act as a waiver of default or in any subsequent default of any of the
terms, covenants and conditions herein contained to be performed, kept and observed by the
Concessionaire;
D. Any act or omission which results in the suspension or revocation of any act, power,
license, permit or authority, which terminates the conduct and operation of the Cafeteria Services
at the City Cafeteria by the Operator, or suspends it for any time in excess of thirty(30)days;
E. The levy of any attachment or execution, or the appointment of any receiver, or the
execution of any other process of any court of competent jurisdiction which does, or as a direct
consequence of such process, will interfere with Operator's occupancy of the Cafeteria Premises
and will interfere with its operations under this contract and which attachment, execution,
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receivership, or other process of such court is not enjoined,vacated, dismissed, or set aside within
a period of thirty(30)days;
F. Operator makes a transfer in fraud of creditors, or makes an assignment for the benefit of
creditors;
G. A petition under any part of the Federal bankruptcy law,or an action under any present or
future solvency law or statute is filed against Operator and Operator's operations hereunder are
interfered with or adversely affected thereby, or Operator is adjudicated as bankrupt. Upon notifi-
cation that the Operator has declared bankruptcy, the City may immediately make other
arrangements to provide concession services to its customers until an arrangement is worked out
between the City and the Court. The Operator will not share in any of the revenues derived from
such temporary arrangements; or,
H. Operator abandons, deserts, vacates or discontinues all or part of its operation of the
concession, or the Concession Premises,or any other action that results in a failure by Operator to
provide public and others with the service required.
If Operator defaults in performing any covenant or term of this Contract and does not correct the default
within thirty (30) days after receipt of written notice from City to Operator or an additional reasonable
period if Operator is proceeding with diligence to cure the default, City may declare this Contract, and all
rights and interest created by it,terminated.
§16.02. Other Remedies
Any termination of this Contract as provided in this article will not relieve Operator from paying any sum
or sums due and payable to City under the Contract at the time of termination, or any claim for damages
then or previously accruing against Operator under this Contract. Any such termination will not prevent
City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided
for by law, or from recovering damages from Operator for any default under the Contract. All City's
rights, options, and remedies under this Contract will be construed to be cumulative, and not one of them
is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided
by law,whether or not stated in this Contract.
ARTICLE 17
NOTICES
§17.01. Notices
Any notice, demand, request or other communication hereunder given or made by either party to the other
shall be in writing and shall be deemed to be delivered whether actually received or not, when deposited
in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed
to the parties hereto at the respective addresses set out below, or at such other address as they may
hereafter specify by written notice so given.
If to City:
City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
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If to Operator:
Drew Thomas
Drew's Place Restaurants, Inc.
5701 Curzon Drive
Fort Worth,TX 76107
ARTICLE 18
GENERAL PROVISIONS
§18.01. Application of Provisions
In any dispute over the meaning or application of any provision of this Agreement, this Agreement shall
be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the
actual drafter of this Agreement.
§18.02. Non-Discrimination
Operator for itself, its personal representatives, successors in interest and assigns, agrees as a covenant
running with the land as part of the consideration herein in its construction, maintenance, occupancy, use
or operation of the City Cafeteria that no person shall be excluded from participation in or denied the
benefits of Operator's use of the City Cafeteria or its products on the basis of race, color, national origin,
religion, handicap, sex, sexual orientation or familial status. Operator further agrees for itself, its personal
representatives, successors in interest and assigns that no person shall be excluded from the provision of
any services on or in the construction of any improvements or alterations to the City Cafeteria on grounds
of race, color,national origin, religion,handicap, sex, sexual orientation or familial status.
§18.03.No Partnership or Joint Venture
Operator shall operate hereunder as an independent contractor and not as an officer, agent, servant, or
employee of the City. Operator shall have the exclusive control of, and the exclusive right to, control the
work designated to the Operator to be performed hereunder, and all persons performing the same, and
shall be solely responsible for the acts and omissions of .its officers, agents, servants, contractors,
subcontractors and employees. Neither City nor Operator shall be responsible under the Doctrine of
Respondeat Superior for the acts and omissions of its officers, agents, servants, contractors,
subcontractors, or employees. It is understood and agreed that the City is not involved as a party to any
activities that may be carried on by Operator pursuant to this Contract. Operator acknowledges itself
solely responsible for such activities and for all persons and property involved or used in connection with
Operator's use of the City Cafeteria. Provided, however, that no provision of this Contract shall operate
or be construed as a waiver by either party of any immunity from liability which it has or could be
asserted under the doctrine of governmental immunity or any other immunity which it has under law.
§18.04. Force Majeure
It is expressly understood and agreed by the parties to this Agreement that if the performance of any
obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather;
governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots;
material or labor restrictions; transportation problems; or any other circumstances which are reasonably
beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform
the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the
party so obligated or permitted shall be excused from doing or performing the same during such period of
Page 13 of 17
delay, so that the time period applicable to such design or construction requirement shall be extended for
a period of time equal to the period such party was delayed.
§18.05.No Termination on Bankruptcy
Bankruptcy, insolvency, assignment for the benefit of creditors, or the appointment of a receiver will not
affect this Contract as long as Operator and City or their respective successors or legal representatives
continue to perform all covenants of this Contract.
§18.06. Successors and Assigns
The Operator agrees not to assign, transfer, convey, sublet or otherwise dispose of this contract or any
rights or responsibilities, or of its right, title or interest in, or its power to execute such contract to any
other persons, firms, corporation, sub-lessee or sub-concessionaire, other than to a partnership,
corporation, limited liability company or other business entity owned by the Operator and the parties
identified as its joint venture partners in Concessionaire's proposal in the percentages set forth therein,
without the written consent of the Fort Worth City Council.
§18.07. Invalidity of Provisions
It is agreed that, in the event any covenant, condition or provision herein contained is held to be invalid
by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no
way affect any other covenant, condition or provision herein contained; provided, however, that the
invalidity of any such covenant, condition or provision does not materially prejudice either Operator or
City in connection with the rights and obligations contained in the valid covenants, conditions or
provisions of this Contract.
§18.08. Waiver of Immunity
If Operator, as a charitable association, political subdivision, corporation, entity or individual enterprise,
has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or
injury to property or persons, Concessionaire, to the extent permitted by law, hereby expressly waives its
rights to plead defensively such immunity, including governmental immunity, or exemption as against
City.
§18.09. Applicable Laws
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas —Fort Worth Division. This Agreement shall be
construed in accordance with the laws of the State of Texas.
§18.10. Severability of Provisions
If any of the provisions contained in this Contract shall be held, for any reason, to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein.
Page 14 of 17
§18.11. Captions and Headings
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a
part of this Agreement.
§18.12.Governmental Powers
It is understood that by execution of this Agreement, the City does not waive or surrender any of it
governmental powers.
§18.13. Sole Agreement
This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior
understanding or written or oral agreements between the parties respecting the subject matter.
[Signature Page Follows]
Page 15 of 17
EXECUTED this the C.14, 1 day of October, 2009.
CITY OF FORT WORTH DREW'S PLACE RESTAURANT,INC.
By. By.
Tom Higgins,Assiffafif City Manager Drew Thomas, President&CEO
RECOMMENDED:
Kirk Slaughter,Director
Public Events Department
APPROVED AS TO FORM AND
LEGALITY:
Cher] byles
Assistant City Attorney
ATTEST:
Marty Hendrix
City Secretary
\O'a.-1- ZOOq
Date
M&C C-23797
Page 16 of 17
STATE OF TEXAS §
COUNTY OF TARRANT §
BE�F7RE ME, the undersigned authority In and for the State of Texas, on this day personally
appeared 1002 known to me to be the person whose name is
subscribed to the foregoinj4hstrument and known to me to be the Assistant City Manager for the City of
Fort Worth and acknowledged to me that he executed the same for the purposes and consideration
therein expressed and in the capacity therein stated, as the act and deed of said City.
GIVEN UNDE seal of office,this the j-7 day of , 2009.
�tanYPU MARIA S. SANCHE?
NOTARY PUBLIC
STATE OF TEXAS1.
My comm.Exp.12-14-20,09/ Not ry Public in and for the State of T as
My commission expires on:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority in and for the State of Texas, on this day personally
appeared Andrew Thomas, known to me to be the person whose name is subscribed to the foregoing
instrument and known to me to be the President/CEO of Thomas and Thomas Ent., Inc. D/B/A Drew's
Place Restaurants, a Texas corporation, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein stated, as the act and deed of said
corporation. ��II
GIVEN UNDER MY HAND and seal of office,this the Z3raay of Qn"St�,2009.
" yr BETTY J.TANNER
_. MY COMIMISSION EXPIRES
Mamh 91,2010
J�,w
Not Oub ' in fWihiMte of Texas
My commission expires on:
Page 17 of 17
FORTWORTH
CITY OF FORT WORTH
City Hall Cafeteria Services
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
Reference RFP No. 09-0015
PROPOSAL SUBMISSION DEADLINE:
THURSDAY MAY 21,2009 AT 1:30 P.M.CENTRAL STANDARD TIME
NO LATE PROPOSALS WILL BE ACCEPTED
Proposals Shall Be Delivered To: Proposals Shall Se Mailed To:
City of Fort Worth Purchasing Division City of Fort Worth
Lower Level Purchasing Division
1000 Throckmorton Street 1000 throckmorton Street
Fort Worth, Texas 76102 Fort Worth, Texas 76102
Name and Address of Company
Submitting Proposal:
For Additional Information Concerning
This RFP Please Contact:
Lance Wright, Buyer
(817)3924610
E-mail :Iance.wright@fortworthgov.org
•rrrrrrr�aerr♦rrr+rr•r•rrrrr•rrrrrrrrrrrr rrr
Pre-Proposal Conference:We encourage interested
Vendors to attend.
Date: Tuesday, April 28, 2009
Time: 3:00 P.M.
Location: (-
City Hall Cafeteria, Third Floor Contact Person:
1000 Throcknxxton
Fort Worth, Texas 76102 Phone: ( )
Fax: (
Signature:
Printed Name:
RFP No 09-0015, Cafeteria Services, RFP Opening Date 5121/2009, Page 1 of 21
t
TABLE OF CONTENTS
Cnwinn 7 / 1\1\IITwT//�\/
V 4r4rIV1 �.v II.1 t�VVV61 I IV11
Section 3.0 PROJECT ORGANIZATION
Section 4.0 PROPOSAL INSTRUCTIONS
Section 5.0 PROPOSAL REQUIREMENTS
Section 6.0 CONTENTS OF PROPOSAL
Section 7.0 GENERAL SPECIFICATION
Section 8.0 SERVICES
Section 9.0 PRICING
Section 10.0 RESPONSE FORMAT
Section 11.0 CLEANING OF FOOD SERVICE AERA
Section 12.0 AFTER AWARD CONTRACT
Section 13.0 GENERAL INFORMATION
Section 14.0 GENERAL TERMS AND CONDITIONS
Section 15.0 INSURANCE REQUIREMENTS
Section 16.0 ADDITIONAL INSURANCE REQUIREMENTS
Attachment A CURRENT EQUIPMENT INVENTORY
Attachment B DEFINITIONS
RFP No 09-0015, Cafeteria Services, RFP Opening Date 5/21/2009, Page 2 of 21
1.0 INVITATION
1.2 The City of Fort Worth (City) is requesting proposals for an exclusive provider of
food service for the operation of the City Hall Cafeteria, Third Floor, 1000
Throckmorton Street, Fort Worth, Texas 76102. The contract will be effective fir a
The Purchasing Division
Lower Level, 1000 Throckmorton Street
Fort Worth, Texas 76102
Contact: Lance Wright
Email: lance.wright@fortworthgov.org
Alternatively, firms may access the RFP from the Purchasing Department Website
at www.fortworth.aov.ora/ourchasina.
1.3 One (1) original and four (4) duplicate copies of the sealed proposal, marked City
Hall Cafeteria Services will be accepted until May 21, 2009 @ 1:30 p.m.
Responses received after the above date and time will not be considered. It is the
Proposers duty to make sure that the responses are received by the City prior to the
stated deadline at the following location:
City of Fort Worth
Purchasing Division
1000 Throckmorton Street, Lower Level
Fort Worth, Texas 76102
1.4 A pre-proposal conference will be conducted on Tuesday April 28, 2009, at
3:00 p.m. in the cafeteria, third floor of City Hall to answer questions regarding the
proposal requirements. All prospective Proposers are encouraged to attend. Non-
attendance on the part of the Proposer shall not relieve the Proposer of any
responsibility for adherence to provisions of this proposal package or any agenda
thereto.
1.5 Responses must be in 8'/2' by 11'format. Any materials that are larger than this size
should be folded to fit into the BY.." by 11' format. Proposals must include at least the
requested information. The City reserves the right to request additional information
during the RFP review period.
1.6 Reponses that are not submitted in a sealed envelope or container may not be
considered. No telegraphic or facsimile responses will be accepted. Questions
regarding the required procedure for the submittal of proposals must be submitted in
writing and faxed to Lance Wright, Buyer at 817-392-6610, email
lance.wright0fortworthgov.ora. Responses to questions will be provided in writing
to all known participants. Questions should be submitted by May 18, 2009, to
ensure a timely response.
RFP No 09-0015, Cafeteria Services, RFP Opening Date 5/21/2009, Page 3 of 21
2.0 INTRODUCTION
2.1 Background:
2.2 The City of Fort Worth Municipal Buildinq has a food service facility located on the
2.3 The successful Proposer will begin operation no later than twenty-one (21) days
after the City's acceptance. The contract will be effective for a period of two (2)
years with options to renew for three additional one (1) year terms.
2.4 Project Description:
2.4.1 Provide quality food service in a facility with seating for approximately one
hundred forty (140) patrons. The square footage of the facility is
approximately three thousand four hundred seventy-one (3,471) feet
including eight hundred sixty (860) feet of kitchen area. Hours of operation
will be from 7:30 a.m. to 2:00 p.m., Monday through Friday (except holidays).
2.5 Objectives:
2.5.1 The City anticipates entering into a City Hall Cafeteria Services Contract with
a proposer for food services for city employees and the general public who
utilize the Fort Worth Municipal Building and surrounding facilities.
2.5.2 To provide employees and citizens with attractive, nutritious, healthy and
highly palatable meals for breakfast and lunch in a clean and pleasant
environment.
2.5.3 Proposer shall furnish all services, labor and materials necessary to provide
quality food service in the City Hall Cafeteria.
2.5.3 The City will provide the facility, existing equipment, standard utilities, tables
and chairs.
2.5.4 The City presently has in place a 'Pouring Rights Agreement" with Coca-
Cola Enterprises Inc. d/bfa/Coca Cola Bottling Company of North Texas and
a "Snack Vending Agreement" with Bacon-Whitney Vending. All fountain
service soft drinks and beverages that are to be sold in individual containers
by the proposer must be purchased from Coca Cola, including bottled water.
Brewed coffee, iced tea, or individual containers of milk are permitted
exceptions to the "Pouring Rights Agreement." The successful Proposer will
not be allowed to place vending machines in the Fort Worth Municipal
Building.
2.6 Project Organization:
The City's Public Events Department will supervise and administer the contract
resulting from this RFP
RFP No 09-0015, Cafeteria Services, RFP Opening Date 512112009, Page 4 of 21
3.0 BACKGROUND AND FACILITY INFORMATION:
3.1 The City Hall Cafeteria is housed on the third floor of the Fort Worth Municipal
Building. The municipal building as well as a number of other City facilities, located
near by, house approximately 850 employees.
King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day
after Thanksgiving Day and Christmas Day.
4.0 PROPOSAL INSTRUCTIONS
4.1 Compliance with the RFP: Proposals must be in strict compliance with this Request
for Proposal. Failure to comply with all provisions of the RFP may result in
disqualification.
4.2 Acknowledgement of Insurance Requirements: By signing its proposal, Proposer
acknowledges that it has read and understands the insurance requirements for the
proposal. Proposer also understands that the evidence of required insurance must
be submitted within 10 calendar days following notification of its offer being
accepted; otherwise, the City may rescind its acceptance of the Proposer's
proposal. The insurance requirements are located on page 17, Section 15.0 of this
proposal.
4.3 Evaluation of Proposals: City will examine proposals to eliminate those, which are
clearly non-responsive to the stated requirements. Therefore, Proposer should
exercise particular care in reviewing the terms and conditions set forth in this RFP.
4.3.1 The detailed evaluation that follows the initial examination may result in more
than one finalist. At this point, City may request presentations by Proposers,
and carry out negotiations for the purpose of obtaining best and final offers.
4.3.2 The City reserves the right to withdraw this RFP at any time and for any
reason and to issue such clarifications, modifications, and/or amendments,
as it may deem appropriate.
4.3.3 Receipt of a proposal by City or a submission of a proposal to the City
implies no rights upon the Proposer nor obligates the City in any case.
4.3.4 City retains the right to waive minor irregularities in proposals, provided that
such action is in the best interest of the City. Any such waiver shall not
modify any remaining RFP requirements or excuse the Proposer from full
compliance with the RFP specifications and other contract requirements if
the Proposer is awarded the License Agreement.
4.4 Ambiguity. Conflict or Other Errors in the RFP: If a Proposer discovers any
ambiguity, conflict, discrepancy, omission or other error in the Request for Proposal.
it shall immediately notify the assigned Buyer in the Purchasing Division of such
error in writing and request modification or clarification of the document. If the
Buyer determines that a change in requirements, or terms and conditions is
required, the Buyer shall amend the RFP, in writing, and distribute the modification
to ali parties receiving the RFP
RFP No 09-0015, Cafeteria Services, RFP Opening Date. 5121/2009, Page 5 of 21
4.4.1 The Proposer is responsible for clarifying any ambiguity, conflict,
discrepancy, omission or other error in the RFP prior to submitting the
proposal or it shall be waived.
45 Proposals and Presentation Cqgts: City will not be liable in any way for any costs
negotiations.
4.6 Refection of Proposals: City reserves the right to accept or reject in whole or in part
any or all proposals submitted. The City shall reject the proposal of any Proposer
that is determined to be non-responsive. The unreasonable failure of a Proposer to
promptly supply information in connection with respect to responsibility may be
grounds for a determination of non-responsibility.
4.7 Acceptance of Proposals: The City shall accept all proposals that are submitted
properly. The City reserves the right to request clarifications or corrections to
proposals.
4.8 Reauests for Clarifications of Proposals: Requests for clarification of proposals
shall be in writing. A request for clarification shall not allow for the alteration of a
Proposer's pricing information contained in its cost proposal.
4.9 Validity of Proposals: All proposals shall be valid for a period of 180 calendar days
from the proposal bid closing date.
4.10 If a Proposer does not desire proprietary information in the proposal to be disclosed,
it is required to identify all proprietary information in the proposal. This identification
will be done by individually marking with the words "Proprietary Information" on each
page which such proprietary information is found. If the Proposer fails to identify
proprietary information, it agrees, by submission of the proposal, that those sections
shall be deemed non-proprietary and made available upon public request.
4.11 Proposers are advised that the confidentiality of their proposals will be protected by
the City to the extent permitted by law. Proposers are advised to consider the
implications of the Texas Open Records Act, particularly after the proposal process
has ceased and the License Agreement awarded. While there is provision in the
Texas Open Records Act to protect proprietary information. particularly under
Section 3(9) and Section 3(10) of this Act, where the Proposer can meet certain
evidentiary standards, please be advised that a determination on whether those
standards have been met will not be decided by the Purchasing Division of the City
of Fort Worth, but by the Office of the Attorney General of the State of Texas.
4.12 Information requested in the RFP and deemed to be privileged and confidential may
be submitted in a separate envelope marked "Privileged and Confidential
Information." The City will use its best efforts to protect such information from
disclosure to the extent allowable by law.
4 13 The City shall provide the release of all public information concerning the project,
including selection announcements and contract awards. Those desiring to release
information to the public must receive prior written approval from an authorized
representative of the City.
RFP No. 09-0015, Cafeteria Services, RFP Opening Date. 5/21/2009, Page 6 of 21
4.14 Neither the City nor any of its officers, agents, employees, or consultants shall be
responsible for the accuracy of any information provided as part of this RFP. All
Proposers are encouraged to independently verify the accuracy of any information
provided. The use of any of this information in the preparation of a response to the
RFP is at the sole risk of Proposer.
other Proposer(s), which may restrict or eliminate competition or otherwise restrain
trade. Violation of this instruction will cause the City to reject the Proposer's
submittal. This prohibition is not intended to preclude joint ventures or subcontracts.
4.16 All Proposals submitted must be the original work product of the Proposer. The
copying, paraphrasing or other use of substantial portions of the work product of
another Proposer is not permitted. Failure to adhere to this instruction will result in
the rejection of the Proposal.
5.0 PROPOSAL REQUIREMENTS
5.1 The Proposer, at a minimum, must achieve and maintain the performance outcomes
listed below, consistent with acceptable standards otherwise agreed to through a
Contract resulting from this RFP. Proposer may also propose to achieve additional
performance outcomes beyond those minimally required. Criteria for Proposal
Acceptance are listed below:
A panel will evaluate the proposals. The panel will grade and rank all proposals with
respect to the following factors:
5.1.2 Presents a reasonable cost as compared with
the level of service offered 35 points
5.1.3 Has a satisfactory record of performance (based on references) 20 points
5.1.4 Has adequate technical and financial resources
for performance 30 points
5.1.5 Will accommodate specific meal options and
will partner with the City's Wellness Program Coordinator to
provide healthy, low-fat, low-calorie food options 15 points
5.2 The City intends to award a contract to the qualified and responsible contractor who
provides the best overall proposal. Proposer may elect to provide catering services
to meetings or events that may take place in City Hall.
6.0 CONTENTS OF PROPOSAL
6.1 The proposal shall contain the following information:
62 An overall introduction to the proposal, including a statement of the contractor's
understanding of the project and must submit a current financial statement. The
statement must be prepared by a certified public accountant. In addition, Proposer
must submit financial statements for each of three (3' years preceding the most
current statement.
RFP No 09-0015, Cafeteria Services, RFP Opening Date. 5/2112C09, Page 7 of 21
6.3 Identification and background of the contractor.
6.4 Literature, brochures, and other visual materials the Proposer deems useful in
determining the operating experience and business reputation of the Proposer and
its ability to begin operations is acceptable.
deemed necessary to ascertain the qualifications of a Proposer. The decision of the
City as to the acceptable qualifications of Proposer shall be final.
6.6 Responses to specifications as outlined in this request.
6.7 List of clients for whom the proposer has performed services similar to those
described in this request for proposal.
6.8 Proposers must have ability to obtain and keep in force throughout term of the
Contract all permits required by all local government entities.
6.9 Failure to provide references, or references giving unsatisfactory recommendations
will be reason to disqualify the proposal. If the references given are not, in the
opinion of the City, applicable to a contract of this magnitude, the City may contact
other firms with whom the proposer has or is currently providing service as a means
of validating compliance or proving noncompliance with references requirement.
6.10 The proposal shall be signed by an individual authorized to bind the company, and
shall contain a statement to the effect that the proposal is a firm offer for 180 days or
more. It should include the name, title, address and telephone number of
individuals with authority to negotiate and contractually bind the company who may
be contacted during the period of proposal evaluation.
6.11 Proposer shall also include the following information in proposals
6.11.1 State proposed number of staff to be assigned to this contract and give the
organizational structure.
6.11.2 Explain how proposer will handle those employees who are off work and/or
unavailable to work on a given day. It is imperative this facility be properly
manned, as this is a critical service for the City's employees.
6.11.3 State preventative measures and how problems that may arise will be
handled, (e.g., customers' complaints).
611.4 State (a) how daily food selections will be arranged; and (b) how often
selections will be rotated.
6.11.5 State how the nutritional content and calorie count of the food items served
will be promoted.
RFP No 09-0015, Cafeteria Services, RFP Opening Date 5/21/2009, Page 8 of 21
6.11.6 State how Proposer will partner with the City's Wellness Program
Coordinator to provide healthy, low-fat, low-calorie food options for
employees/citizens, (e.g., altering recipes, condiment substitutions,
promoting new options periodically, providing "taste test" samples of new
options).
of food services. It shall be the responsibility of the successful Proposer to
adequately furnish additional equipment that they deem necessary to
provide quality food service. A current equipment inventory is attached as
Attachment B.
7.0 GENERAL SPECIFICATION
7.1 b' c i : This Request for Proposal (RFP) is to solicit the operation and delivery of
food services. It is the City's objective to contract food services from one contractor,
who will provide attractive, nutritious, healthy, and highly palatable meals, which can
be served immediately.
7.2 Performance Standards: Proposer is to provide food services in accordance with all
applicable federal, state, and local food standards and commercial practices.
Contractor shall obtain and pay for all necessary permits and licenses in connection
with the operation of the food facilities, and shall pay for and remit to the appropriate
authorities all applicable taxes owing in connection with its operations under the
contract. Poor performance standards, which shall include, but not be limited to: the
handling, packaging, and storage of food stuff by the Proposer shall be cause for
termination of contract, if contractor is unable or unwilling to provide correction to
problem within forty-eight(48) hours of notification.
7.3 Personnel: All personnel assigned to this contract shall at a minimum, meet the
required health and sanitation standards established by the Tarrant County Public
Health Laws and other city, county and state regulations, as applicable. Not limited
to the above, all personnel shall have current Food Handling License(s)and other
Health Certificates. Copies of current Health Certificates shall be submitted within
fourteen (14)working days award. Failure to perform said duties or comply with any
other required provision of this contract shall be grounds for immediate termination
of the contract.
7.4 Food Service Hours: Food is to be prepared and set-up to begin serving breakfast
from 7:30 a.m. to 10:00 a.m.: lunch from 11:00 a.m. to 2:00 pm. at a minimum.
Monday through Friday(except holidays). The City observes the following holidays
New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor
Day. Thanksgiving Day, the day after Thanksgiving Day and Christmas Day. It shall
be the responsibility of the Proposer to ensure the set-up of meals, in order that food
stuffs may be purchased from 7:30 a.m. to 10:00 a.m. and then again from 11:00
a.m. to 2.00 p.m. Proposer shall complete daily serving at 2.00 p.m. and clean-up
area as per requirement in Section 11.0 Housekeeping and Cleaning for Food
Services Area.
RFP No 09-0015, Cafeteria Services, RFP Opening Date 5/2112009, Page 9 of 21
8.0 SERVICES
8.1 Proposer shall provide all serving and cooking equipment not supplied by the City.
8.2 Meals shall be healthy, with a balance of traditional foods and low-fat, low-calorie
8.2.1 Breakfast-Entr6e Items (behind the counter)
8.2.1.1 Muffins-English, low-fat variety, fruit
8.2.1.2 Bagels-variety
8.2.1.3 Assorted selection of fresh fruit (cut)
8.2.1.4 Waffles, Pancakes
8.2.1.5 Breakfast Burritos-low-fat varieties, regular
8.2.1.6 Omelets-egg white, regular
8.2.1.7 Eggs-variety
8.2.1.8 Cereals-cold, hot(cream of wheat, grits, oatmeal)
8.2.1.9 Breakfast meats- low-fat(turkey bacon, turkey sausage) ham,
bacon, sausage
8.2.1.10 Toast-whole wheat, white
8.2.1.11 Condiments- low-fat margarine, honey, low-fat cream cheese, jelly
8.2.2 Lunch-Entr6e Items(behind the counter)
8.2.2.1 Sandwiches to be made fresh per order, to include: tuna salad,
chicken salad, egg salad, turkey, ham, roast beef, chicken,
vegetarian,grilled chicken, veggie burgers
8.2.2.2 Bread for sandwiches to include: whole wheat, rye, pumpernickel,
multy-grain, white, pita, sour dough, croissant
8.2.2.3 Condiments for sandwiches to include several low-fat, low-calorie
options to include: mustard, honey-mustard, low-fat mayo, salad
dressing
8.2.2.4 Pasta to include at least three (3) of the following: spaghetti, angel
hair, penne, tortellini, vegetable, linguine
8.2.2.5 Pasta sauces to include at least three (3)of the following:
marinara, clam, low-fat alfredo, vegetable, low-fat meat(turkey)
8.2.2.6 Baked potatoes (for self-serve potato bar)
8.2.3 Lunch-Salad/Soup Bar Items (self-serve)
8.2.3.1 Greens to include at least three (3) of the following: romaine,
spinach, spring mix, cabbage, iceberg
8.2.3.2 Fresh Vegetables to incltide at least ten (10) of the following:
broccoli, cauliflower, mushrooms, tomatoes, sprouts, green peppers,
red peppers, carrots, green onion, red onion, baby corn, green olives,
black olives, radishes, pickled beets, asparagus, squash, cucumber,
pickled okra,
8 2.3.3 Beans to include at least three (3)of the following: kidney, pinto,
green, black, garbanzo, peas, black-eyed peas
RFP No 09-0015, Cafeteria Services, RFP Opening Date 5/21/2009, Page 10 of 21
8.2.3.4 Pasta/Salad mixes to include at least two (2) of the following: spiral
pasta, vegetable pasta, spinach pasta, mustard potato salad,
macaroni salad (wAow-fat mayo), tuna salad (w/low-fat mayo),
chicken salad (w/low-fat mayo)
8.2.3.5 Fresh Fruit (no heavy svruo► to include at least thrPR 11� ni tho
grapes, kiwi, bananas, apples
8.2.3.E Toppings to include at least six (6) of the following: raisins, sunflower
seeds, nuts, low-fat croutons, low-fat cheese (grated), bacon bits,
sliced jalapenos, banana peppers, cherry peppers, hard-boiled eggs
(chopped), cottage cheese
8.2.3.7 Dressings to include at least three (3) low-fat and three (3) regular
options of the following: low-fat ranch, low-fat blue cheese, low-fat
thousand island, low-fat Catalina, honey-mustard, ranch,thousand
island, Catalina, oil &vinegar
8.2.3.8 Freshly made soups to include one (1)from the following categories:
vegetarian, low-fat, other
8.2.3.9 Bread selection to include at least three (3) of the following: whole
wheat, rye, pumpernickel, mufti-grain, pita, sour dough, white
8.2.4 Lunch-Potato Bar Items (self-serve)
8.2.4.1 Cheese (grated, low-fat)
8.2.4.2 Butter, low-fat margarine
8.2.4.3 Sour cream (low-fat)
8.2.4.4 Jalapenos (sliced)
8.2.4,5 Bacon bits
8.2.4.6 Green Onions
8.2.4.7 Broccoli
8.2.4.8 Chives
8.2.4.9 Beans
8.2.4.10 Mixed vegetables
8.2.4.11 Salsa
8.2.4.12 Mustard
8.2.4.13 Chili (low-fat)
8.2.5 Beverages (self-serve)
8.2.5.1 Bottled Water
8.2.5.2 Juices: orange, tomato v8 , grapefruit, apple, grape, cranberry
(include small containers)
8.2.5.3 Milk: white and chocolate to include 1%, 2%, whole
8 2.5.4 Bottled coffee drinks--low-fat, regular
8.2.5.5 Bottled teas-variety
8.2.5.6 Bottled lemonade
8.2.5 7 Bottled Crystal Lite-variety
8.2 5.8 Slim Fast-variety
8.2.5.9 Coffee-decal, regular
8 2 5.10 Hot tea, hot cocoa, hot apple cider mixes-varieties to include
low- calorie
RFP No 09-0015, Cafeteria Services, RFP Opening Date. 5i2112009, Page 11 of 21
8.2.5.11 Fountain Drinks (Regular& Diet) - Coke, Sprite, Mr. Pibb, root
beer, strawberry, orange
8.2.6 Desserts/Other(self-serve)
8.2.8.3 Yogurt, Pudding—low-fat, non-fat
8.2.6.4 Brownies, cookies-variety
8.2.6.5 Fruit bars, granola bars, energy bars
8.2.6.6 Whole fruit to include at least three (3) of the following: apples,
bananas, pears, oranges, plums, peaches
8.2.6.7 Chips-regular, low-fat varieties
8.3 Proposer shall provide sufficient number of personnel and serving utensils (or other
utensils, as needed) to operate this facility and perform this service.
8.4 The Proposer, on behalf of the City, will manage and supervise the preparation and
service of food for employees and visitors.
8.5 The City will be responsible for the proper cleaning of the floors in the serving area
and the eating area after hours. The Proposer shall be responsible to keep the floor
area within six (6) feet of the serving line clean and free of food or other spills during
their hours of operation. This is to ensure the safety of those walking in or around
the area.
9.0 PRICING FOR MEALS
Proposer shall submit a not-to-exceed price for each menu item that they propose.
10.0 RESPONSE FORMAT
The items listed herein shall be submitted with each proposal and should be submitted in
the order shown. Each section should be clearly labeled, with pages numbered and
separated by tabs. Failure by a Proposer to include all listed items may result in the
rejection of its proposal. All reports, charts, schedules, or other appended documentation
to any proposal, content of basic proposal, or contracts and any responses, inquiries,
correspondence, and related material submitted by Proposer shall become the property of
the City upon receipt.
10.1 Management Summary: Provide a cover letter indicating the business concept of
your firm in providing food services at the City Hall Cafeteria in the Fort Worth
Municipal Complex.
RFP No 09-0015, Cafeteria Services, RFP Open,ng Date 5/21/2009 Page 12 of 21
10.2 Business Plan: Description of the proposed contract team, and the role to be played
by each member of the proposed team.
10.2.1 Proposed organizational chart showing all full-time and part-time positions
planned for the food services operations at the City Hall Cafeteria.
proposed pricing structure for all products to be offered for sale.
10.2.3 Proposed service quality program with a detailed listing of proposed
wholesale food and beverage product suppliers.
10.3 Proposed Equipment: Provide a detailed listing of all proposed equipment.
10.4 Food Service Experience and Capacity: Provide information that documents your
firm's qualifications to produce the required outcomes, including its ability, capacity,
skill and financial strength.
10.4.1 A detailed description of a minimum of two public or private facilities
currently being served by Proposer most similar in scope to the City Hall
Cafeteria. References must be included.
10.5 Key Personnel: A resume of the experience, education and performance record in
the food services business of the proposed full-time resident manager for the City
Hall Cafeteria, senior level supervisors and any other full-time personnel proposed
to be assigned to the City Hall Cafeteria,
10.5.1 Name of a single contact person and one designee for all correspondence
and notifications.
10.6 Acceptance of Conditions: Indicate any exceptions to the general terms and
conditions of the RFP and to insurance requirements and other requirements listed
in the RFP.
11.0 HOUSEKEEPING AND CLEANING FOR FOOD SERVICE AREA
Proposer is responsible for the proper use and cleaning of all equipment, counters, and the
tabletops in the eating area. Contractor shall be responsible for cleaning all floor surfaces
that are within six (6) feet of the serving area during meal times of 7:30 a.m. to 2:00 p.m.
Routine custodial maintenance during serving hours in the food services area will be
provided by contractor as follows:
111 Daily:
11.1.1 Keep all areas clean and in an orderly manner;
11.1.2 Immediately clean floor or other surfaces when spillage of any kind occurs.
11.1.3 Bussing of tables and removing waste from eating areas; and,
11.1.4 At the end of the day, empty all trash containers within food prep areas and
deliver same to a designated location.
11,2 Monday through Thursday Sanitize area thoroughly Proposer shall provide its own
cleaning chemicals, however, the City reserves the right to review the chemicals
used along with alternative solutions and/or chemicals, as necessary.
RFP No. 09-0015, Cafeteria Services, RFP Opening Date. 5121/2009, Page 13 of 21
11.3 Friday: Proposer shall prepare serving/eating area for weekend closures, ensuring
all items are securely put away. The City will not be held liable for missing and/or
misused equipment. Proposer shall be liable for all equipment used for this service.
12.0 AFTER CONTRACT AWARD
documents: r
12.1 List of all equipment, along with inventory control numbers to be used at the City;
12.2 Copy of latest Maintenance Records for equipment that requires some type of
regularly scheduled maintenance. (Note: Not required if non-applicable for
Proposer's equipment.); and,
12.3 Copies of all Food Handler/Employees Health Certificates.
13.0 GENERAL INFORMATION
A pre-proposal conference will be held on Tuesday, April 21, 2009 at 3:00 p.m., City Hall,
1000 Throckmorton Street, in the Food Service area on the third floor (south end of
building). Lance Wright, Buyer, City of Fort Worth, will serve as proposal coordinator and
may be contacted at City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, or by
phone at (817) 392-6610.
14.0 GENERAL TERMS AND CONDITIONS
14.1 Pricing: Prices are maximum, and the City shall be protected against any increase in
price during the term of the contract. If there is a reduction in the price during the
term of the contract, the price to the City shall be reduced in the same amount and
the manner as the greatest reduction in price granted to any political subdivision or
segment of the trade.
14.2 Option Clause: It is agreed that the City shall have the option to extend the contract
for three (3) additional years subject to one year intervals. Notice shall be served
approximately 60 days prior to contract termination at which time the successful
contractor shall agree or disagree to the extension in writing within 30 days
thereafter.
14.3 Escalation Clause: Should market conditions prevail which dictate an increase, the
successful contractor may submit documentation requesting permission to increase
pricing no later than 30 days before such extension becomes effective. Escalation
may only occur at the time of renewal and only upon securing the approval of the
Public Events Department in writing. Requests for price adjustments must be solely
for the purpose of accommodating an increase in the contractor's cost, not profits.
RFP No 09-0015, Cafeteria Services, RFP Opening Date. 512112009, Page 14 of 21
14.4 Proposers shall be expected to show on this proposal their anticipated percent of
escalation if/when the option to extend is exercised. The percent quoted will be a
maximum. In addition, the percentage proposed will be a factor in determining the
best proposal. It is the average price over the period of the contract that will be the
price factor considered in the evaluation of this or000sal. ProDOSals in which
14.5 Price Increases Upon Extension: The City cannot exercise the option to extend with
any price increases unless the proposer completes the section of the proposal
requesting anticipating percentage of annual escalation. The percent quoted will be
a maximum percentage calculated against the prior year's pricing.
14.6 Cancellation: The City reserves the right to cancel this contract upon 30 days
written notice to the contractor. The contractor must request and secure in writing
the approval of the Public Events Department to be released from this contract or
any portion thereof should conditions unforeseeable occur.
14.7 All work shall be satisfactorily performed with the instructions of the City and the
standards of performance specified. Failure to perform said duties or comply with
any other required provision of this contract shall be grounds for immediate
termination of the contract.
14.8 In addition, disruptive activities or conduct contrary to the instructions of the City in
the performance of the terms of this contract after attempts are made to resolve any
differences, shall be grounds for immediate termination of the contract without
notice.
14.9 Complaints: The Public Events Department will keep a written record of all
complaints from departments regarding service resultant from this proposal. Should
at any time the City become dissatisfied with the service, the vendor will be noted
by the Public Events Department regarding problems that may have occurred. The
department will require cure and/or corrective action from contractor for all customer
complaints within forty-eight hours of occurrence. All complaints will be settled
between the Public Events Department , Wellness Program Coordinator, the person
having the complaint, and the contractor performing these services.
14.10 If the Proposer is unable to cure/correct the problem within the forty-eight hour
period, they will at a minimum, provide to the Public Events Department and the
Wellness Program Coordinator what action they did take, along with an estimated
date of correction.
14.11 Should Proposer fail to respond within allotted time and problems/complaints
continue. The City may cancel the contract and re-award balance of the contract or
readvertise the service.
14.12 Performance Standards: Proposer shall ensure they meet, or exceed all
performance standards for the same type of services being purchased hereunder.
Proposer will agree to 'remedy', cure, and/or correct, all practices, including those of
its employees, or otherwise, that would cause poor performance during the term of
issued contract.
RFP No 09-0015, Cafeteria Services, RFP Opening Date 5/2112009, Page 15 of 21
14.13 Nonassionable Contract: This contract shall be between the City and the selected
vendor. The service provided in this agreement shall not be further assigned to
another agency except by express written permission from the City.
14.14 Contract: This contract shall be in all things performable and enforceable in Fort
together with reasonable attorney's fees and court costs.
14.15 Insurance: In the event the Proposer, its employees, agents or subcontractors enter
premises occupied by or under the control of the City in the performance of this
order, the contractor agrees that it will maintain public liability and property damage
insurance in reasonable limits covering the obligations set forth above, and will
maintain worker's compensation coverage (either by insurance or if qualified
pursuant to law, through a self-insurance program) covering all employees
performing this order on premises occupied by or under the control of the City.
14.16 Indemnification: The Proposer shall indemnify, exonerate, hold harmless and defend
the City from and against any actions or suits and any claims, liability, damage, loss,
cost or expense as a result of bodily injury or death and/or property damage arising
out of, or in connection with performance of contractor's services under this
contract.
RFP No 09-0015, Cafeteria Services, RFP Opening Date 5/2112009, Page 16 of 21
Insurance Section- Basic Coverage Lines and Applicable Policy Limits
15.0 Insurance Section - Basic Coverage Lines and Applicable Policy Limits. The
successful contractor must provide a certificate of insurance documenting the required
insurance coverace(s) IintP.(l hPlnw Inciiranrs+ rnwpranalal ranaiirari hmmin ere in#nP%Ae%A 0-
15.1 Statutory Workers' Compensation Insurance and Employer's Liability
Insurance at the following limits:
$100,000 Each Accident
$500,000 Disease-Policy limit
$100,000 Disease-Each Employee
Workers' Compensation and Employers' Liability coverage with limits consist with statutory
benefits outlines in the Texas Workers' Compensation Act (Art. 8308-1.01 et seq. Tex. Rev.
Civ. Stat.) and minimum policy limits for Employers' Liability.
15.2 Commercial General Liability Insurance shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not limited to premises/operations, independent contractors,
products/completed operations, personal injury, and contractual liability. Insurance shall be
provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. In some instances, Errors & Omission coverage may be included by
endorsement.
15.3 Auto Liability Insurance shall be provided as $1,000,000 Combined Single Limit
Each Accident. A commercial business policy shall provide coverage on "Any
Auto", defined as autos owned, hired and non-owned.
15.4 Policies shall be endorsed to provide the City of Fort Worth a thirty- (30)day notice of
cancellation, material change in coverage, or non-renewal of coverage. Applicable policies
shall also be endorsed to name the City of Fort Worth as an additional insured, as its
interests may appear(AIIMA).
155 Certificates of Insurance and Endorsements effecting coverage required by this
clause shall be forwarded to:
City of Fort Worth Finance Department/Purchase Division - RFP No. 09-0015
1000 Throckmorton Street
Fort Worth, Texas 76102
RFP No C9-0015, Cafeteria Services, RFP Opening Date 5/21i2009, Page 17 of 21
16.0 ADDITIONAL INSURANCE REQUIREMENTS
16.1 The City of Fort Worth, its' Officers, Employees and Volunteers shall be named
as an Additional Insured. Exception: the additional insured requirement does not
apply to Workers' Compensation policies
Example: 'This insurance shall not be canceled, limited in scope or coverage,
cancelled or non-renewed, until after thirty (30) days prior written notice has been
given to the City of Fort Worth.'
16.2 Waiver of rights of recovery(subrogation) in favor of the City of Fort Worth.
16.3 The insurers for all policies must be licensed and/or approved to do business in
the State of Texas. Except for workers' compensation, all insurers must have a
minimum rating of A. VII in the current A. M. Best Key Rating Guide or have
reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval of Risk
Management is required.
16.4 If insurance policies are not written for specified coverage limits, an Umbrella or
Excess Liability insurance for any differences is required. Excess Liability shall
follow form of the primary coverage.
16.5 Unless otherwise stated, all required insurance shall be written on the
occurrence basis. If coverage is underwritten on a claims-made basis, the
retroactive date shall be coincident with or prior to the date of the contractual
agreement and the certificate of insurance shall state that the coverage is claims-
made and the retroactive date. The insurance coverage shall be maintained for the
duration of the contractual agreement and for five (5) years following completion of
the service provided under the contractual agreement or for the warranty period,
whichever is longer. An annual certificate of Insurance submitted to the City shall
evidence such insurance coverage,
16.6 Policies shall have no exclusions by endorsements which nullify the required lines of
coverage, nor decrease the limits of said coverage unless such endorsements are
approved by the City In the event a contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional
insurance coverage, and the City desires the contractor/engineer to obtain such
coverage, the contract price shall be adjusted by the cost of the premium for such
additional coverage plus 10%.
163 Any self-insured retention (SIR), in excess of$25,000.00, affecting required
insurance coverage shall be acceptable to and approved by the Risk Management
Division of the City of Fort Worth in regards to asset value and stockholders' equity.
In lieu of traditional insurance, alternative coverage maintained through insurance
pools or risk retention groups, must also be approved by Risk Management.
168 Any deductible in excess of $5,000.00, for any policy that does not provide
coverage on a first-dollar basis, must be acceptable to and approved by the City's
Risk Management Division.
RFP No. 09-0015, Cafeteria Services, RFP Opening Date. 5121/2009, Page 18 of 21
16.9 The City, at its sole discretion, reserves the right to review the insurance
requirements of this section during the effective period of the contract and to modify
insurance coverage's and their limits when deemed necessary and prudent by the
City's Risk Management Division based on economic conditions, recommendations
of professional insurance advisors. changes in statutory law rmo t dorieinn �-Iair &
these insurance requirements.
16.10 The City shall be entitled, upon request and without expense, to receive copies of
policies and endorsements thereto and may make any reasonable requests for
deletion or revision or modification of particular policy terms, conditions, limitations,
or exclusions except where policy provisions are established by law or regulations
binding upon either of party or the underwriter on any such policies.
16.11 In conjunction with the aforementioned requirements, the contractor must provide
the same Insurance coverage for any subcontractors employed within the scope of
this award.
RFP No. 09-0015, Cafetena Services, RFP Opening Date: 5/21/2009, Page 19 of 21
ATTACHMENT 'A'
CURRENT EQUIPMENT INVENTORY
Sandwich Prep Station/Refrigeration
Work tables
Steel Shelving
Grease catcher
Stove
Refrigerators
Fryers
Griddle
Television
Yogurt machine
Microwave (in dining area)
Tables &chairs in dining area
Office space/furniture for site manager
RFP No. 09-0015, Cafeteria Services, RFP Opening Date 5/21/2009, Page 20 of 21
ATTACHMENT "B"
DEFINITIONS
Contract - Shall refer to the Food Service Agreement executed between the Proposer and the City
in accordance with these specifications and the proposal submitted to the City, which will be
incorporated into the Agreement.
Catered Services - Pre-arranged food and non-alcoholic beverage related functions at an
established price per person or per meal, provided to meetings and events at the Fort Worth
Municipal Facility.
Facility - shall refer to the facility known as the Fort Worth Municipal Facility located at 1000
Throckmorton Street, Fort Worth, Texas, 76102.
City shall refer to the City of Fort Worth, Texas.
Director or his Desianee -shall refer to the Public Events Director of the City of Fort Worth, Texas
or his authorized representative.
Food Service Area - Refers to any space whether it is permanent, temporary or portable within the
City Hall Cafeteria where food andlor beverage is either produced or served.
Proposal Documents - Shall apply to this RFP and other documents related to the proposal of the
Proposer and the Agreement.
Proposer- shall refer to any qualified person or entity submitting a proposal to provide the services
as defined by and in accordance with these specifications.
Reouest for Proposal (RFP)=This document.
RFP No 09-0015, Cafeteria Services, RFP Opening Date 5/21/2009, Page 21 of 21
Proposal
DREW'S PLACE RESTAURANT, INC.
for
Fort Worth City Hall Cafeteria Services
Prepared by:
Stephanie Thomas
7001 SouthFrwy
5701 Curzon Drive
Fort Worth, TX 76107
817-229-9052
May 21,2M
Legal Business Description
Drew's Place Restaurant, Inc. was initially organized as a sole proprietorship in 1987.
In 2005,the company was established as a corporation since the operations proceeded at
a healthy rate.
History
Drew's Place Restaurant, Inc. is owned by the corporation. The business has been
operated by Drew Thomas since it's inception in 1987. Drew Thomas is the President
and CEO of Drew's Place Restaurant, Inc. Drew Thomas graduated from Texas Tech
University with a BA degree in Hotel and Restaurant Management,. He has held various
management positions with top companies that are traded on the NYSE.
Drew's Place Restaurant, Inc. originally started business in 1987 in City of Forrest Hill
DBA Drew's Sandwich Shoppe. Drew's menu consisted of mainly sandwiches, salads,
and some of the entr6e's now found on the existing menu. In 1991 Drew's moved to the
West side location located approximately two blocks from the where the current Drew's
is located and has been operating since 1998.
About Us
The goals of Drew's Place Restaurant, Inc. is to provide a dining experience that will
leave our customers knowing that our we are here to nourish their soul and well as their
body. Our customer feel that we know them personally and our staff work hard to
remember the names of each of our customers. As an extra perk, we learn exactly what
our customer want and how they want it prepared. Customers are elated to know that
we care enough to know what they want and how they want it. It sends a message that
we care about servicing their individual needs. Our menu offers a variety of meats and
vegetables daily and each order is prepared when ordered and this gives each customer
the opportunity to specify any special needs. This quality of service gives them the best
of both worlds home cooking the way you want it at fast food speed. Our sizeable
portions, good tasting food,reasonable prices and quality service far exceed our
customers expectations.
Drew's Place Restaurant, Inc. is experienced in serving many customers with different
dining and dietary needs. We love to pamper our customers and make them feel special.
Our customers know that our menu is designed only as a guideline. Just because you
don't see it on the menu, doesn't mean we can't prepare it. Sometimes you may feel like
scrambled eggs with Pork Chops or a burger on Texas toast. Our customers are made to
feel comfortable enough to ask for what it is that they desire that day. Drew's is always
happy to prepare a meal just for them. Drew's Place Restaurant is custom dining at its'
best. Drew's Place Restaurant also extends these sizeable portions, good tasting food,
reasonable prices and quality service to the catering service.
It is the company's plans to continue moving forward with expansion that began in
during the first quarter of 2008. The two areas with the most opportunity for growth
for the expansion is 1) increasing the marketing opportunities and grow the catering
business and 2)the"Store within a Store" concept. We chose to focus on the "Store
within a Store" concept due to the return on investment. It was the most attractive
because there was no need to purchase space or utilities. We have undertaken the"the
Store within a Store" concept and have beenn very successful at it during the first year.
Adding the City of Fort Worth will be a tremendous addition to our growth in this area.
We are very careful not to take on more projects than we can handle successfully at one
time. Our progress is monitored by our management team and improvement and
corrections made every step of the way.
When Drew's Place was selected to take over the cafeteria at Muller Brewing, we were
we were allowed four weeks to start service. Due to the overwhelming need to have a
functioning cafeteria for the employees(who had been without for about 90 days), our
management along with our employees and our vendors worked aggressively to
accomplish this task ahead of schedule. If selected by the City of Fort Worth, we would
work aggressively to have the cafeteria up and running in the same short time. We have
began making phone calls to our vendors and suppliers in order to reduce lead times.
Our sales expectations moving into Phase H proved to be aggressive. As the economy
took a downward turn,as did our business. We expected to increase our business by at
least 30% during the first fiscal year. We expected sales to continue double digit
increases into year two, but increases range in the single digits.
Drew's Place is a name that is well recognized by many. But we expect that the
expansion to Fort Worth City Hall will allow us to broaden our customer base. We
have positioned our company to compete with the popular home stylelsoul food cooking
restaurants of our day.
PROPOSED SCOPE OF SERVICE
The cafeteria within the City of Fort Worth would be operated and managed exactly like
the cafeteria at the Miller Brewing plant We would propose starting with a menu that is
much like the current menu at Miller Brewing plant(see attachment A and attachment
B). Please note that all items may not be listed on this menu. This menu has proven
very successful. After acceptance of the contract, we would spend the first 10 days
partnering with City's Wellness Program Coordinator to address any concerns regarding
healthy, low-fat, low-calorie food options. We would then spend the first 30 to 60 days
making adjustments to the menu base on comments from employees and patrons. It is
strongly recommended that we add these recommended options over the period of time.
This allows our company to keep losses at a minimum while keeping the prices to the
consumer low as possible. ,
Price Increase Upon Extension
Drew's Place will only request to exercise the option to increase prices in the event our
food cost is increased The maximum increase across the board will not exceed 4%. It
has been our experience in year's past to increase pricing in areas where the greatest
impact is felt while some items will not increase in pricing..
PROPOSED OPERATION
Hours of Operation
Initial hours of operation will be Monday through Friday 7:00 a.m. to 2 p.m.
Customer Service
We understand the importance of being able to service the customer quickly and keep
the lines moving in order for each customer to maximize the amount of time given for
lunch. Our menu has been tailored to include many of the delicious entrde's as offered
in our restaurant, while at the same time it has been,redesigned to includes many items
that are quick to fix or self service. The salad bar is an example item that have been
added to the menu to accommodate the concept It is available daily with a variety of
different items featured each week. The menu will include items that are most desirable
to the majority, while still able to accommodate those that have special dietary
preferences.
Based on the limited amount of space and the time constraints given to employees for
lunch, it will be necessary to modify our usual way of preparing food Typically in the
restaurant setting, most items are made to order, even during our lunch rush. The
proposed menu takes approx 4-6 minutes of preparation time (from the time the order is
placed to service to the table). We advise customers of longer wait times when items are
special ordered and will take longer than normal. Most of our menu items are on a two
week rotation, some items may be rotated every 3 weeks. Items such as Fish will appear
every week due to it's popularity as a staple on Friday.
Our procedure for City Hall has been modified to perfectly prepare ahead. Two entr6e's
will be featured daily and these items will be prepared and available upon customer
entry. For instance, each day will consist of a Baked or Grill Meat along with another
featured item Vegetables are prepared fiesh each day and staff will modify the number
of items served to work within the confines and limitations of the available serving
space and kitchen equipment(such as the small fryer and small grill and small steam
table). The cooks will constantly and consistently supply the line with Fresh food as
quantities run low. Our cooks are experienced in managing the production in order to
prepare to"ramp down"based on time of day and production required This timing
process will vary from location to location. This process will still allow us to deliver
the personal service that may be required if a customer has a special cooking
preferences and the time to accommodate this preference. This is one part of the service
that we always want to provide our patrons,whether it be at Drew's Place Restaurant&
Catering or at Fort Worth City Hall.
Our mission is to provide the employees and management a well balanced, nutritious
and delicious meal that is also economically satisfying. We would to have a"HOW
ARE WE DOING?" comment card and box posted periodically to get the comments of
employees that would like to share their comments/concerns with us. We also like to
have periodic reviews with the person or department in charge of Public Events
Department.
Our experience in operating a large operation in limited working space gives us the
ability and the know-how to utilize the space that is available.
PROPOSED MANAGEMENT
Each division of Drew`s Restaurant& Catering is managed by one of three people
(DREW-President/Owner, Stephanie -Vice President/Owner, Ismael Sustitia-
Manager in training) at all times. Responsibilities include (but not limited to):
Personnel Management/scheduling/ordering of supplies/receiving/cooking/overseeing
cleaning/sanitation of the kitchen/dining facility/lobby and outdoor areas. The
restaurant or catering facility is not to be left unattended without experienced
management. Management is responsible for and making sure sufficient staff is
available for efficient kitchen operations. Management has the ability to access staffing
from other locations when required Most of our employees are crossed-trained in other
areas and can be utilized at any of the other locations.
Drew's Restaurant&Catering employs those that understand the importance of
customer service, building positive working relationships both with customers and other
employees. All employees understand that they are held accountable for the satisfaction
of each customer request Requests that exceed their limit of responsibility, must be
passed to management for resolution. Any customer issuelconcern or comment, must be
reported to a manager on duty, even if just FYI. Employees must give explanation of
how the issue was resolved If not resolved,manager is to be consulted immediately for
resolution or plan of action.
MEETINGS:
Management meets weekly to discuss the course action for the business and plan of
action for the weekly/monthly activities.
Team meets weekly(or as needed)to discuss plan of action for current weeks' activities,
issues and concerns.
Current Operations
Location
The current location: Freestanding Restaunurt facility at 5701 Curzon Avenue, Fort
Worth, TX 76107
Additional location: Cafeteria within the Miller Brewery Facility, 7001 South Frwy,
Fort Worth,TX 76134
Facility
The current locations of the business is operating out of a fire standing building at the
above address. The present space accommodates approximately 50 people. Which has
become inadequate space for the growth that we have been experiencing for the past 24
months. It has become necessary to expand our currently location to accommodate the
patrons desiring to dine in. We have just completed the purchase and excavation of
additional land for additional parking that will be required prior to the building
expansion phase.
The Miller Brewery location has an employee base of approximately 750 employees and
an approximately 60 temporary employees and over 100 contractors.
Capital Equipment
Drew's Place Restaurant owns the majority of equipment accumulated over the course
of years in business. Drew's also has adequate funding available to supply any
equipment, supplies and materials deemed necessary to provide the quality service
required. Drew's Place Restaurant has a substantial line of credit for the lease/purchase
of equipment if needed through Alliance Leasing located in Scottsdale,AZ. It is the
Any capital equipment currently owned by the City of Fort Worth/City Hall will be our
understanding and expectation that all equipment is in good working order and if found
not to be in good working order, the City of Fort Worth will have all repairs made prior
the opening and if not repaired in a reasonable amount of time,equipment will be
replaced. Based on initial and limited inspection(kitchen locked), only equipment
noted as missing was commercial microwave(s) and fatigue mats. One for kitchen
(required) and dining facility(optional). We are unable to predict if any additional
equipment might be required, due to unable to inspect entire kitchen area due to doors
locked and no keys available during the Pre-Proposal Conference).
As contractor, it is understood that all equipment, fixtures,cash registers, supplies,
dishes, flatware, cookware, sanitaryrjanitorial items and linen is the sole responsibility
of the contractor.
Sources of Supply
Drew's Place Restaurant, Inc. is located in and is part of the Dallas/Fort Worth
Metropolitan area. As such,the sources of supply for the business and are plentiful and
no problems are anticipated in securing the necessary equipment, supplies and materials.
Only quality products and services from licensed sources will be used to provide and
maintain the sanitation, food preparation and storage standards as required by the Fort
Worth Department of Health. Any and all licenses, permits and proof of insurance is
current, will be maintained and is available for review at any time.
Business and Business Insurance
Drew's Place Restaurant, Inc. owns the free standing building(as addressed above)
where business is currently being conducted The building and all contents is
insured with Nationwide Insurance Group and currently have all insurance limits as
currently required. If additional limits or endorsements are required, agent foresees no
problem in securing limits as required
Contact Information
Drew's Place Restaurant& Catering Stephanie'Thomas, Vice President
817-229-9052
Drew's Place Restaurant 8t Catering Drew Thomas, President
817-994-1149
Business References
Nrller Brewing John Williams, Technical Services Manager
7001 South Frwy, Fort Worth TX 817-551-3300
Ben E. Keith Brian Cox, Sales Rep
7650 Will Rogers Blvd, FrW, TX 817-271-7933
Bar W Meat Company John I3inton, Sales Rep
3517 Conway, FTW, TX 76111 817-831-0051
Sysco Marco, Sales Rep
682-551-8818
Sam's Club #8277 David Permut, Club Manager
6760 Westworth Blvd, 817-763-9621
Westworth Village, TX 76114
Alliance Equipment Leasing/US Bank Cindy, Manager
11000 N Scottsdale Rd#177 480-951-1848
Scottsdale,AZ 85254
Wells Fargo Bank Nakethia Taylor, Business Specialist
5800 Camp Bowie Blvd, FTW, TX 76107 817-782-2306
XXXX Throclanorton, Fort Wodh,TX 76102-(817) XXX-XXXX
Breakfast served daily 7:30a.m.-10:00 a. m.
Today's SRecial - ONLY $4.25 Drew'a Exclusiye - ONLY
2 Eggs (any style), 2 Bacon or 52.75
2 Sausage and 2 Toast Breakfast Sandwich
Your Choice of Sausage or Bacon
(White or Wheat) Scrambled egg with Sausage Patty or Bacon
No Substitutions on White or Wheat Toast
Cheese .40 {
]Earl Campbell Sausage 3.49
i
Breakfast Burrito—Sausage OR Bacon, on, cheese $2.25
Sausage OR Bacon, on, potatoes B cheese $2.73 i
Build your own $3.2.5
2 Eggs (any style) and Toast served with:
Earl Campbell Sausage (1) $4."
Pork Chop(1) Fried or Grilled $6.20
1 Egg (any style), 1Biscuit, 1 Bacon or Sausage $2.75
1 Egg (any style),Toast, 1 Bacon or Sausage $2.25
2 Eggs (any style), 1 Biscuit, 2 Bacon or 2 Sausage $4.50
Sausage&Biscuit $1.50
Biscuit i Gravy $1.25
Biscuit i Sausage Gravy $1.50
BEVERAGES RIES
SIDES/EXTRAS
Coffee(12oz) 1.25 Muffins I.SO
Bacon or Sausage(2) $1.93 Fountain Drinks Cookies .4Sea 3/$1.25
Earl Caetpbdl Link(1) $2.9S 20 oz. $1.50 Fruit-•..a+.s .stt
Pork Chops $2.95 32 oz. 2.20 Mon/0 ns .89
Chicken Fried Steak $3.9S
Nome-style Potatoes $1.2S/2.00
Biscuits $ .99
Egg(1) $ .99
Cheese $ .40
Oatmeal $ 1.25/2.25
Toast White .35
Whole Wheat IS
Extra Condiments .30
Apr
Z)w4w'm P&w
XXXX Throckmorton, Fort Worth, TX 76107 — (817) XXX-XXXX
Lunch served daily 1 1 :00 a.m.— 2:00 p. m.
Lunch
2
BURGERS SIDES
Hamburger $39 $5.Z5 BURGER COMBO Chips $ .99
SPECIAL Fre"& "
Cheeseburger 3.79 Nalf Order $ 1.35
Double Meat add 1.25 Includes: Hamburger,
UNA 1.79
g Lorp 2.39
NOT SANDWICHES
French Fries and ZO oz.
Philly Steak i Cheese 4,4q Fountain Drink. (cheese Sou sm
Chicken Fried Steak 4.49
extra) p u ere $3.50 '
Fried Chicken Breast 4.49 Salad Bar $2."
Grilled Chicken Breast 4.49
LJX
$6.2S Sandwich COMBO vegetable Mah
COLD SANDWICHES SPECIAL „Nq''' $3.95
Tuna Salad $3.79 In/16oz 1.65/3.i5
Chicken Salad 3.79 Cornbread AS
Sliced Turkey 3.74 Includes: Hot Sandwich, Coffee
Sliced Ham 3.79 Bag of Lays Potato Chips pie IMus)
and 20 oz. Fountain Drink. Sm(12 a) $1.25
Cokes Leman/Chocokrte 2,29 Sandwich only $4.49
Cocoswt/Carrot/Italian Crew 2.69 Fountain Drinks
Cobblers 2.29 (No RMMs)
Me$ sweet Fofaro 2.29 20 ex. 1.50
Coconut/Chmiate/%can 2.69 32 are L20
e.ery-
dq
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/22/2009
DATE: Tuesday, September 22, 2009 REFERENCE NO.: C-23797
LOG NAME: 2509-00015 - CAFETERIA SERVICES
SUBJECT:
Authorize a Contract with Drew's Place Restaurant, Inc., for the Operation of the City Hall Cafeteria for a
Two Year Contract Beginning October 5, 2009
RECOMMENDATION:
It is recommended that the City Council authorize a contract with Drew's Place Restaurant, Inc., for the
operation of the City Hall Cafeteria for a two year contract beginning October 5, 2009, with options to
renew for up to three additional one year terms.
DISCUSSION:
The City of Fort Worth will use this contract with Drew's Place Restaurant, Inc., (DPR) for the operation of
a food service facility on the third floor of City Hall. DPR will provide nutritious and healthy meals for
breakfast and lunch Monday's through Friday's, from 7:30 a.m. to 2:00 p.m. for all City employees and
visitors who utilize the surrounding facilities. The cafeteria will not be available on recognized City holidays
when City Hall is closed. DPR is responsible for providing all services, labor and materials needed to
supply quality food service for the City Hall cafeteria. The Public Events Department will supervise and
administer the contract.
The City will not pay a subsidy to DPR and DPR shall adhere to the Pouring Rights Agreement with Coca
Cola Enterprises, Inc., d/b/a/Coca-Cola Bottling Company of North Texas, and the Snack Vending
Agreement with IntelliVend who assumed the operation from Bacon-Whitney Vending.
The Request for Proposal (RFP) consisted of detailed specifications and requirements describing the
goods and services the proposer is to provide. Evaluation factors included cost, performance record,
technical and financial resources. Specific menus will be established in cooperation with the City's
Wellness Program to offer healthy, low fat, low calorie food options. Staff certifies that DPR is the best
evaluated proposer for this contract.
ADVERTISEMENT- The RFP was advertised in the Fort Worth Star-Telegram on April 22, 2009, through
May 27, 2009. Seventy-seven vendors were solicited from the purchasing database system, three
responses were received from Drew's Place Restaurant, Inc., Educational Catering, Inc., and A-Plus
Events, LLC.
M/WBE -A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office because the purchase of goods and services is from sources
where subcontracting or supplier opportunities are negligible.
CONTRACT TERM - Upon City Council's approval, the Contract will begin October 5, 2009, and end
October 4, 2011.
RENEWAL OPTIONS -This contract may be renewed for up to three additional one year terms at the
City's option. This action does not require specific City Council approval provided that the City Council has
Logname: 250N4NI2008 Page 1 of 2
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
Funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by- Tom Higgins (6192 )
Originating Department Head: Kirk Slaughter (2501)
Betty Tanner (2502)
Additional Information Contact: Lance Wright (6610)
ATTACHMENTS
1. MWBE-090015.PDF (CFW Internal)
Logname: 25OMNI2008 Page 2 of 2