HomeMy WebLinkAboutR-1996-174 Concession Agreement / Goodale And Barbieri co. / M&M Catering / City Managerr
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RESOLUTION NO. R-96- 174
A RESOLUTION authorizing the City Manager and the City Clerk of the City of
Yakima to execute a concessionaire agreement between the City of
Yakima and Goodale and Barbieri Companies, d/b/a M & M Catering
to obtain catering and concession services at the Yakima
Convention Center.
WHEREAS, the City of Yakima desires catering and concession services at the
Yakima Convention Center; and
WHEREAS, the City does not have the staffing levels or the specialized expertise
necessary to provide said services; and
WHEREAS, the City has previously entered into a Concession and Catering
Agreement with M & M Catering Services, Inc. for said services but said Agreement
will expire in January 1997; and
WHEREAS, the City requested proposals from parties interested in providing
said services; and
WHEREAS, Goodale and Barbieri Companies, d/b/a M & M Catering, was the only
proposer and was selected by the City to provide said catering and concession
services; and
WHEREAS, Goodale and Barbieri Companies, d/b/a M & M Catering, is willing to
provide said services in accordance with the terms and conditions of the attached
Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to contract with Goodale and Barbieri Companies, d/b/a M & M Catering, for said
services in accordance with the terms of the attached Agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute
a contract in substantially the same form as the attached and incorporated
Concession and Catering Agreement with Goodale and Barbieri Companies, d/b/a M &
M Catering, for the purpose of obtaining catering and concession services at the
Yakima Convention Center. The final Agreement shall be approved as to form by the
City Attorney.
ADOPTED BY THE CITY COUNCIL this 17th day of December ,1996.
ATTEST pp
City Clerk
(1.) tss/concssson.pm
ynn Buchanan, Mayor
YAKIMA CONVENTION CENTER
CONCESSION AND CATERING CONTRACT
THIS CONTRACT is made and executed by and between the CITY OF
YAKIMA, a municipal corporation (hereafter the "Owner"), and Goodale and
Barbieri Companies, a Washington corporation, d/b/a M & M Catering Services
(hereafter the "Contractor").
WHEREAS, the Owner desires food and beverage catering, concession, and
vending services and sales at the Yakima Convention Center;
WHEREAS, neither the Owner nor the Yakima Valley Visitors and
Convention Bureau (hereafter the "Bureau") has the staffing levels or the
specialized expertise necessary to provide said services and sales;
WHEREAS, the Contractor has the experience, expertise, and personnel
necessary and is willing to perform said services and sales in accordance with the
terms and conditions of this Contract;
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the Owner and the
Contractor as follows:
1. Purpose.
The Owner owns the Yakima Convention Center (hereafter the "Center"), a
30,000 square foot convention building located on a site at East Yakima Avenue
and North Eighth Street, within the City of Yakima, Yakima County,
Washington. The complex currently consists of a conference and exhibit hall
with an approximate total area of 14,500 square feet which may be divided into
four different rooms. The hall has the capacity to assemble 1,400 occupants,
seated, and provide a banquet for 1,000 people. In addition, the foyer has a total
area of approximately 3,500 square feet.
The Center is managed by the Bureau through a management services
contract with the Owner. The Bureau operates the Center through a manager
(hereafter the "Center Manager"). In that connection and in coordination with
the Center Manager, the Contractor shall provide food and beverage catering,
concessions, and vending services and sales at the Center in the most efficient
and convenient manner possible and in accordance with the terms, covenants,
and conditions of this Contract.
2. Term And Option To Extend.
The term of this Contract shall commence on the first day of the first
calendar month following execution of this Contract by all parties and terminate
ten (10) years thereafter; provided, however, that the Owner has the option, in its
Page 1 of 29
sole discretion, to extend this Contract for one (1) additional term of five (5) years
by providing the Contractor with sixty (60) calendar days written notice of the
intent to exercise its extension option and that either has the right to terminate
this Contract as provided in Section 45. The extension term, if exercised,, shall
be on the same terms, covenants, and conditions as provided in this Contract
unless the parties mutually agree in writing to different terms, covenants, and
conditions.
3. Incorporation Of Contractor's Proposal.
Except to the extent that it conflicts or is inconsistent with this Contract,
the Contractor's Proposal, including all of Contractor's representations,
conditions and obligations, dated April 4, 1996 and submitted to the Owner on
April 5, 1996 in order to obtain award of this Contract, is incorporated herein by
this reference. Any inconsistencies or conflicts between the Contractor's Proposal
and this Contract shall be resolved in favor of the Contract terms, conditions,
obligations and language. A copy of said Proposal is attached hereto as
Exhibit "A" (hereafter "Proposal").
4. Guaranteed Minimums And Commissions.
a. In consideration for the exclusive rights granted hereunder by the
Owner, commencing January 1, 1997, the Contractor agrees to pay to the Owner
an annual guaranteed minimum sum of Ninety -Six Thousand Dollars ($96,000)
per calendar year, or an annual commission calcullated in accordance with
attached and incorporated Table 1 based upon the total gross revenue derived
each year from its catering, concession, and vendiing services and sales under this
Contract calculated as described in Section 6, whichever is greater, subject to the
limitations described in this Section 4. Payments for receipts prior to January 1,
1997 shall be calculated as described in the contract between the parties that
immediately preceded this contract.
b. Commission payments shall be made to the Owner on the 10th day
of each calendar month based upon the prior month's receipts during the
Contract term.
c. The annual minimum or annual commission due under. this Contract
shall be treated by the Contractor and the Owner as an isolated event and a
separate charge for accounting purposes. No previous payment or credit from any
prior or past year shall be credited or subtracted from the annual minimum or
annual commission, however, the calculation of the annual minimum s]:iall be
prorated in the event of any partial contract year.
d. The Contractor shall provide the Owner with a written sales
summary for each Center activity, event, function, or off-site catered event,t
�-h forty-eight
•.rL.t (48) hours the completion such The saes sum ary shall
within 1Vl ly-G1�11L of �.aaa. completion of such.i..C...: --�
include a sales breakdown by location and type of sale (i.e., concession, catering,
etc.), total inventory sales, a copy of the register tape, and cash overages or
shortages.
Page 2 of 29
wi�imnt ca iac map
e. At the end of each contractual year, the Contractor's records and
certified audit shall be reviewed in accordance with Section 6 of this Contract. In
the event such review reveals that the commissions paid to the Owner for the
contract all year are less than the annual guaranteed minimum sum of Ninety -
Six Thousand Dollars ($96,000), the Contractor shall pay the Owner the balance
within thirty (30) days of written notification from the Owner. However,
notwithstanding the minimum sum described in Section 4(a) and in the preceding
sentence, calculation of the annual minimum sum shall be adjusted to the
extent the Contractor can establish to the satisfaction of the Owner that the
Contractor was unable to use a significant portion of the Center facilities due to
the actions of the City and that this inability to use Center facilities was the
primary cause of Contractor's failure to pay Owner commissions in excess of the
annual minimum sum for the contract year.
5. Equipment Use Fee.
In consideration for the use of the Center and corresponding food and
beverage service equipment, the Contractor shall provide the Owner, as described
in this Section 5, an equipment use fee in the form of the Two Hundred Fifty
Thousand Dollars ($250,000) worth of kitchen related equipment as described in
Addendum B to the Proposal and Section 22(d) of this Contract (hereafter "Use
Fee Equipment"). At such time as the Phase I expansion described in Section 9,
including the capital improvements described in Addendum B1 of the Proposal as
amended and implemented in the floor plan agreed upon by the parties and
incorporated in this Agreement as Exhibit B, have been completed, and provided
this Contract has not been earlier terminated: (i) Contractor shall obtain the
Use Fee Equipment under the terms of an equipment lease between Contractor
and a third party and install the Use Fee Equipment in the Center; and (ii) at the
conclusion of the seventh year of the equipment lease, Contractor will purchase
the Use Fee Equipment and transfer ownership of the Use Fee Equipment to
Owner. Said equipment use fee is in addition to the required annual minimum
and annual commission described in Section 4 of this Contract. The Contractor
is granted and shall retain full depreciation rights for Use Fee Equipment.
6. Accounting.
a. The term "gross revenue" means the total of all revenue (cash, credit,
or otherwise), received by Goodale and Barbieri Companies d/b/a M & M Catering
Services for catering, concession, and vending services and sales occurring at the
Center ("on-site") and for catering services performed at locations other than the
Center ("off-site") pursuant to this Contract, less: (i) all applicable sales tax; (ii)
costs of rented equipment for off-site events; and (iii) the value of catering
services and food donated to third party organizations or events. Gross revenue
also does not include any revenue of Goodale and Barbieri Companies other than
those conducted under the name of M & M Catering Services and thus excludes,
by way of example but not as a complete list, the revenue of Goodale and Barbieri
Companies in its capacity as owner and operator of Cavanaugh's Inn at Yakima
Center, located adjacent to the Center. Contractor has made arrangements to
Page 3 of 29
use the facilities of Goodale and Barbieri Companies located outside the Center
as necessary to provide catering services to on-site and off-site events held during
the time when the Center's kitchen is undergoing the Phase 1 expansion described
in Section 9.
b. Contractor shall, with respect to all business done, transaction
engaged in, and revenues received pursuant to this Contract, keep and maintain
at the Center true and accurate account records, books, ledgers, and data in
accordance with generally accepted accounting principles and procedures
acceptable to the Owner. Said accounting records shall be maintained on
contractual year basis during the term of this Contract. A contractual year shall
be three hundred and sixty-five (365) days measured from the commencement
date of this Contract.
c. The Owner shall have the right, at all reasonable times, to inspect
said records, books, ledgers, data, and all other necessary documents of the
Contractor during the term of this Contract and such time thereafter as may be
necessary for the Owner to verify amounts due to it under the terms of this
Contract.
d. The Owner, in its discretion, may request in writing special
accounting reports regarding any financial aspect of the Contractor's operation
under this Contract. Contractor shall provide Owner with the special accounting
report within fifteen (15) calendar days of receipt of Owner's request.
e. The Contractor shall annually furnish to the Owner a certified audit
from a certified public accountant within ninety (90) days after the close of the
contractual year. Said audit must accurately show all business done and all
revenues received pursuant to this Contract. If the Owner is not satisfied with
said audit, the Owner may, with auditors selected by the Owner, conduct a full
audit of said records, books, ledgers, data, and other necessary documents.
Should the Owner's audit uncover any payment deficiencies due to the Owner in
excess of one percent (1%), the amount of the payment deficiencies and the cost
of the audit shall be immediately due and payable to the Owner by the
Contractor.
f. The Contractor shall provide the Owner an annual explanation of the
income and expense reporting procedures and controls utilized by its accounting
personnel within ninety (90) days after the close of the contractual year.
g. Thirty (30) days prior to the commencement of each contractual year
during the term of this Contract, the Contractor shall submit to the Owner for
review and approval an annual budget covering all services to be provided
pursuant to this Contract. The budget shall detail :revenue derivation, food cost,
and labor cost.
Page 4 of 29
7. Authority.
The Owner shall, through its designated officer, manager or agent, be the
final authority with regard to all aspects of the control, management and
performance of the catering, concession, and vending services and sales, and
other operations required hereunder and all requests, procedures, approvals, or
changes shall be submitted through the Owner. Liaison between the Owner and
the Contractor will generally be through the Center Manager or his/her designee.
8. Exclusive Catering. Concession And Vending Rights.
a. Except as limited herein, the Contractor shall have the exclusive
right to provide food and beverage (alcoholic and non-alcoholic) catering,
concession, and vending sales and services at the Center and exclusive operation
of the Center kitchen, kitchen storage space, office and support areas shown on
Exhibit B, Use Fee Equipment, bars, and fixed and mobile concession stands and
such other areas of the Center as are agreed upon by the parties ("Contractor on-
site facilities").
b. The exclusive catering, concession, and vending rights granted herein
do not include the sale of non-food and non -beverage commodities, products,
and/or articles, including but not limited to phonograph records, film, flash
bulbs, aspirin, postcards, magazines, programs, souvenir books, or other printed
matter of a like nature and copyright novelties. However, the Owner, at its
discretion, may require the Contractor to sell such items, or may negotiate and
enter into a separate concession contract for the sale of such items with the
Contractor or any other person or entity.
c. The exclusive catering, concession, and vending rights granted herein
do not include the right to sell advertising and sponsorship packages at the
Center. The Owner reserves the right to sell advertising and sponsorship
packages at the Center.
d. The exclusive concession, catering, and vending rights granted herein
shall not be construed to prohibit a Center licensee or tenant from exhibiting any
commodity, product, merchandise, and/or article in connection with an exhibit,
trade show, or other type of event, or from dispensing free samples of food and/or
beverages as provided in Section 20 of this Contract.
e. The Contractor represents, warrants, and agrees that it shall not
conduct any catering services and sales in Yakima County, Washington under the
name of M & M Catering Services, except under and pursuant to this Contract.
f. This Contract does not grant any sale of lease rights to the
Contractor.
Page 5 of 29
9. Food And Beverage Services.
a. The Contractor shall organize, put into service, and manage
efficiently food and beverage catering, concession, arid vending services and sales
for the following existing Center rooms, facilities, and areas:
• Room A - 1,575 SF
• Room B - 1,575 SF
• Room C - 5,580 SF
• Room D - 5,850 SF
• East Lobby - 3,540 SF
• Conference Room - 558 SF
• Snack Bar - 138 SF
• Kitchen - 1,420 SF
The Contractor is aware that the Center is undergoing a Phase I expansion
program (dependent on available budget funding) and agrees to modify present
operations, if necessary, and utilize alternate operating procedures in ordler to
provide food and beverage service to the guests of the Center. The Owner will
notify Contractor when facilities are affected by Phase I expansion program and
when expanded facilities are available for operation.
Owner and Contractor agree to use their best efforts to minimize disruption
of ongoing operations of the Contractor on-site facilities during the Phase I
expansion.
b. Upon completion of the Phase I expansion program, the Contractor
shall organize, put into service, and manage efficiently food and beverage
catering, concession, and vending services and sales for the following Center
rooms, facilities. and areas:
• Room A - 1,575 SF
• Room B - 1,575 SF
• Room C - 5,520 SF
• Room D - 5,845 SF
• Room E-5,810 SF
• Room F - 1, 040 SF
• Room G - 1,040 SF
• Room H - 1,040 SF
• East Lobby - 8,000 SF
• Snack Bar -. 138 SF
• Kitchen - :1,420 SF
• South Center Storage - 688 SF
• North Center Storage - 363 SF
• Beverage Storage - 145 SF
• Equipment Storage - 4,500 SF
Page 6 of 29
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c. The following items should be noted regarding the Phase I expansion:
• Proposed addition to the existing Center building designated
under Phase I is approximately 25,000 SF.
• Kitchen expansion during Phase I shall utilize the space as
designated on the architectural drawing from Traho Architects,
Inc., P.S., dated November 7, 1996, and titled 'Yakima Center
Expansion Kitchen Concept Planning." A copy of said drawing
is attached hereto as Exhibit "B" and incorporated herein by
this reference.. Contractor shall provide, to the extent not
already included in the Proposal, the plans and services
required of Contractor in Section 3.03.4 (a) through (e) on
pages 4 through 6 of the Instructions for Proposal No. 19601
dated February 1996 for the expanded kitchen using this
denoted space.
• The Owner shall pay up to but no more than Two Hundred
Twenty -Five Thousand Dollars ($225,000) for the design,
construction, and completion of the kitchen expansion
described in Exhibit B. In the event that it appears that the
kitchen expansion described in Exhibit B will cost more than
Two Hundred Twenty -Five Thousand Dollars ($225,000), the
Owner, with design input from the Contractor, shall have
authority to modify/alter said. kitchen expansion in order to
bring the Owner's costs of said kitchen expansion within the
Two Hundred Twenty -Five Thousand Dollar ($225,000) budget
limitation. The preceding two sentences do not imply any
obligation of Contractor to make up for any shortfall in funds
required if the Phase 1 kitchen expansion cannot be completed
within the Owner's Two Hundred Twenty -Five Thousand Dollar
($225,000) budget/limitation. In the event the Owner modifies
or alters the Exhibit B design without the written approval of
the modification by Contractor, Contractor may terminate this
Contract by written notice to Owner and each party is
thereafter release from all further obligation under this
Contract.
• Contractor will have use of the corridor east of Center kitchen
for a "staging area."
• Several offices will be included in the Phase I addition. Specific
use of these offices has not been designated.
• Phase I expansion areas are merely estimations and are
dependent on Owner funding and Contractor investment. Said
estimations are not binding upon the Owner under this
Contract.
d. Contractor understands that upon completion of Phase I, the Owner
may undertake a Phase II expansion project at the Center. Prior to
commencement of Phase II, the Owner will notify Contractor of expansion plans,
construction, time line, and impact to Contractor operations. Owner and
Page 7 of 29
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Contractor agree to use their best efforts to :minimize disruption of ongoing
operations of the Contractor on-site facilities during the Phase II expansion.
10. Other Services.
a. Specialized Services. In addition to the normal concession,
catering, and vending functions the Contractor will provide hereunder, the
Contractor is required to provide specialized services normally associated with
convention/trade show activities, events, and functions. These specialized
include, but not limited to,
services LJUI. are limited th
e fill owing:
• Mobile thematic concession facilities service.
• Special and pre -function style food and beverage facility
services.
• Main Kitchen storage/preparation.
• Brand name food and beverage facilities.
• Staff food and beverage services.
• Special meeting and banquet catering services.
• Water and tablecloth service.
• Room Service.
• Exhibit or food/beverage services.
b. Personnel Services. The Contractor may be requested by the
Owner to provide personnel for special purposes such as bartending,
waiter/waitress., host/hostess, or other services for Center activities, events, or
functions. These special personnel services are not included under this Contract.
c. Wardrobe Checking. The Contractor must be prepared to furnish
wardrobe checking with attendants at any event when so requested by the Owner.
The Contractor at its own expense will provide all clothing racks, hangers and
over and above that hand, essential to the
related equipment currently on
performance of the service. The Owner will designate areas to be used for
wardrobe checking. 'The Contractor will work in close coordination with. the
Center Manager in determining approximate wardrobe checking needs and what
equipment is necessary.
d. All special specialized services, personnel services, and wardrobe
checking shall be provided by the Contractor at no cost or expense to the Owner
at a charge to the user to be determined by Contractor.
11. Vending Services dal
S
Anes.
Any vending machines used on the premises shall be of modular front
design acceptable to the Owner. Placement, contents, and suggested prices of the
contents of these machines is subject to prior approval of the Center Manager.
Vending of smoking products, gum, and/or gum type candy is strictly prohibited
at the Center. Commissions on vending sales shall be in accordance with
Section 4 and attached and incorporated Table 1.
Page 8 of 29
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12. Operating Conditions.
a. The activities of the Contractor hereunder shall be such as to render
service to the public in a dignified manner and no pressure, coercion or
persuasion shall be used by the Contractor in an attempt to influence the public
to use the food and beverage concession, catering, and/or vending services of the
Contractor. All such services and sales shall be conducted and operated under
the supervision of the Contractor, and shall in no way interfere with the orderly
operation of any Center activity or event. The Contractor shall conduct all such
services and sales at such event times and locations as approved or designated by
the Center Manager. The Contractor will not circulate throughout the Center
premises for the sale of any commodity, product, and/or article except with the
permission of the Center Manager. The Contractor and its employees shall not
distribute campaign or political literature or any commercial solicitation
literature of any kind at any time in or on the premises of the Center.
b. The Center Manager shall give the Contractor advance notice of the
nature of scheduled Center activities, events, and functions and such
information as is available regarding the probable attendance at each such
activity or event. Every reasonable effort will be made by the Center Manager to
notify the Contractor of the cancellation of a previously scheduled activity, event,
or function to which due notice has been given the Owner, but no liability shall
evolve upon the Center Manager or the Owner for failure to deliver such notice of
cancellation. The Contractor, on the other hand, shall be held accountable for
furnishing full and adequate service, as described in the Contract, for the full
period of time required for any Center activity, event, or function for which the
Center Manager has provided notice to the Contractor and for which the
appropriate party representing such event enters into a separate contract with
Contractor. Further, nothing contained herein shall be interpreted to limit the
Contractor from taking reasonable measures to obtain activity or event
information from the Center in a timely manner.
c. Location of all mobile concession stands and auxiliary storage space
required by the Contractor shall be subject to the approval of the Owner. The
Contractor shall acquire no rights to such locations once assigned, and the
Owner reserves the right to require the Contractor to remove mobile stands and
equipment and to relocate items from any auxiliary storage spaces when the
Owner deems it necessary. The Contractor shall be responsible for all cost
associated with and furnishing all labor necessary to remove said mobile stands
and equipment and to relocate items from said auxiliary storage spaces.
d. Should the Contractor utilize the Center's food and beverage
service/preparation facilities for an off-site food and/or beverage sale, service
and/or function not for a Center licensee, the Contractor will provide a weekly
list of such events to the Center Manager. All revenue received from such sales
and services is part of gross revenues and is commissionable in accordance with
attached and incorporated Table 1.
Page 9 of 29
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e. When and if a temporary food service area (Le., mobile "special
emphasis" food service area) is in operation, food served must be cooked and
prepared by the chef on the premises of the Center, with the exception of baked
goods and standard canned and packaged items. Deviation from this requirement
must be approved in advance by the Center Manager.
f. The Center Manager may reasonably restrict the Contractor's sale of
food and beverage commodities, products, and/or articles at the Center in order
to protect goods, merchandise; equipment that is on display during a Center
activity, event, or function, or because of the nature of a Center activity, event, or
function.
13. Right Of Entry And Use.
a. It is recognized that the Contractor has the :right to use the
Contractor on-site facilities and such other areas of the Center as are necessary
for catering, concession, and vending services and sales under this Contract, and
that Contractor shall have a reasonable right of necessary ingress and egress to
those Center areas and to those areas of the Center that are available for
common use (i.e., entrances, stairways, hallways, and lounges)., The Owner shall
have the right at any time to impose reasonable restrictions upon Contractor's
right of ingress and egress to the Center premises. The Contractor shall have no
right of access to, and the Owner may, in its discretion, refuse access to, any
other area of the Center premises. Access to the areas of the Contractor on-site
facilities shall be limited to the Contractor and, with reasonable prior notice to
Contractor, to those Owner representatives specified in the notice.
b. Nothing herein contained shall be held to limit or qualify the right of
the Owner to free and unobstructed use, occupation and control of the Center
and • .tress egress' itself, tenants /licensees and ÷11,-
Representatives
he 14161}'1 c
premises ingress and t.�i �..�.:� for aa.o�+aa, its tenants/licensees,-
Repr•esentatives of the Owner shall have the right to enter upon and have access
to all areas of the Center occupied by the Contractor at any time.
c. The Contractor shall ensure that deliveries of all food and beverage
com:modities, products, and operational supplies, goods, wares, merchandise,
and/or equipment shall be made at the Center service entrance between 9 a.m.
and 4 p.m., Monday though Friday. The Owner, in its discretion, may approve
other delivery ]locations and times. The Contractor shall monitor the movement
of products in and out of all food service areas to avoid all conflicts with other
Center activities, events, or functions. The Contractor shall cover or otherwise
protect all food, beverages and food handling equipment being moved through
public areas.
d. The parties understand and agree that Contractor has a need to be
on the premises in the evening and weekends and at other times when the Center
premises are closed to the public. It is understood and agreed that Contractor,
during all such times, shall be responsible for securing the premises against
vandalism, theft and/or intrusion upon the premises by persons trespassing
thereupon, which responsibility shall include;, but not be limited to, the Locking
Page 10 of 29
of all outside doors, securing all unnecessary lighting, and all other steps as may
be necessary and reasonable to protect the building when it is being used by the
Contractor outside of Center's normal business hours.
14. Personnel.
a. The Contractor shall select, employ, train, furnish and deploy
employees who are proficient, productive, and courteous to Center patrons. The
Contractor shall also provide adequately trained relief personnel in the event of
absences by primary staff.
b. The Contractor shall furnish all necessary qualified supervision for
the performance of its catering, concession, and vending services and sales under
this Contract and agrees to assign this task to a highly competent person
designated as the full-time resident manager of .M & M Catering Services.
Contractor has provided Owner with a list of the employees Contractor has
employed and, will keep Owner informed of any permanent changes in key
employees.
c. The Contractor's manager or his/her assistant manager shall be
present and available to the Owner during all operations of the Contractor under
this Contract.
d. The Contractor assumes full responsibility for all actions of its
personnel performance and/or non-performance of services, obligations, and/or
duties under this Contract, and shall be solely responsible for their supervision,
daily direction and control, payment of wages/salary (including withholding and
income taxes, unemployment insurance, workers' compensation, and Social
Security) and the like, as required by applicable federal, state, and/or local laws.
e. All of Contractor's full time -employees that are engaged in the
preparing, handling, serving and storing of food and beverages for catering,
concession, and vending services and sales under this Contract must meet all
applicable state, county, city, and local health district requirements for such
operations.
f. Contractor's employees will not solicit or accept tips/gratuities at the
Center; provided, however, that Contractor's employees may accept, but not
solicit, tips in any cash bar environment.
15. Uniforms And Linens.
The Contractor will provide and maintain linens and uniforms for all of its
employees. Any change from the existing type, color, style and dress code of
uniforms, including specialty uniforms designated to fit the exact nature of the
Center, shall be by agreement of the parties. The Owner will consider the
Contractor to be the sole contact and responsible for the services it or its agents
provide. Additionally, the condition of the hygiene and appearance of
Contractor's employees is the Contractor's sole responsibility, notwithstanding
Page 11 of 29
the fact the Owner shall have the right to comment on and, where necessary,
cause Contractor to insure that all employees meet minimum hygiene and
appearance standards.
16. Menus.
a. The Contractor shall strive to provide a high quality product at a
competitive price with other convention facilities similar to the Center. The
Contractor shall capture the highest menu prices possible for the Center's
market.
b. Quantities, portions, and prices of all food items and beverages for
catering, concession, and vending services hereunder shall be subject to prior
approval by the Owner. Only foods and beverages which are wholesome and of
the best quality, in the opinion of the Owner, shall be purchased and served by
the Contractor. Failure of the Owner to disapprove within 48 hours of a written
submittal by Contractor to Owner shall be considered to be approval of the
quantities, portions or prices included in the submittal.
c. Contractor, upon request of the Center Manager, shall prepare
appropriate sample menus for distribution to prospective users of the Center. All
menus shall include the food and beverages available, prices of such, and date of
distribution. All menus shall be subject to the approval of the Owner prior to
distribution and shall be used by the Owner for sales and marketing purposes.
d. Should the Contractor directly contract with a Center tenant for a
meal function, buffet and/or cocktail party or for providing any services in the
Center, Contractor shall forward within two (2) business days one (1) copy of the
completed Contract to the Owner. Such Contract shall list the various food and
beverages to be served, the approximate number of people involved, the services to
be provided, the prices of the various services, the total charges to be collected for
the function by the Contractor and the Owner's commission expected from the
transaction.
17. Procurement. Handling. And Sale Of Food And Beverages.
a. Except as otherwise provided in this Contract, th.e Contractor shall
sell those food and beverage commodities, products and/or articles which c::ornply
with the Proposal and Section 16(b).
b. The Contractor will not sell food and beverage commodities,
products, and/or articles of inferior quality. This requirement does not require
the Contractor to rely exclusively on one seller or manufacturer's item(s), but
several manufacturers or sellers may be used or the Contractor's original source
may be changed in the interest of quality, competition and public appeal, as
eq ire }qtr tl-,e Owner
Page 12 of 29
iL)�/mm oa .mit ffip
c. The Contractor shall sell only food and beverage commodities,
products, and/or articles that comply with all applicable federal, state and local
laws, acts, orders, and/or regulations.
d. The Contractor shall purchase, sell and feature locally produced
(Central Washington State) food and beverage commodities, products, and/or
articles as long as said wholesale prices are competitive with similar products
available on the open market.
e. The Contractor shall purchase food and beverage commodities,
products, articles, and operating supplies (i.e., uniforms, laundry service, paper
goods and detergents) from whatever source or sources that will establish and
effect procedures which assure the quality and quantity required at the most
economical prices, it being understood that the Contractor shall avail itself of all
lawful trade, cash, quantity discounts and rebates and all such discounts and
rebates, both local and national, are for the benefit of the Contractor. The
Contractor shall adhere to the Minimum Purchase Specification Requirements of
the Center provided in attached and incorporated Schedule 5. All such purchases
shall be in the Contractor's name and payment shall be made directly to the
supplier.
f. All food and beverage commodities, products, and/or articles received
by the Contractor for use in performing its obligations under this Contract shall
be inspected by the Contractor upon delivery for quality and quantity compliance
with its original order. The Contractor shall store all such food and beverage
items in proper areas in sanitary containers which are dated for effective rotation
of stock on a first -in, first -out basis. The Contractor shall cover all refreshments
and food exhibited for sale in showcases or other suitable containers. The
Contractor shall wrap all pre-packaged sandwiches, cakes and other similar
products in cellophane or similar transparent wrapping appropriate to the food
service industry.
g. Prices must be posted in displays on all stands and vendor's
equipment. Within thirty (30) days after execution of this Contract, the
Contractor shall submit a proposal for lighted price signs to be provided by the
Contractor for the written approval of the Owner based upon the price, quality,
size of letters, and propriety of any such lighted price signs.
h. If the Contractor desires to sell any food and beverage commodity,
product, and/or article not included in the approved price schedule, the
Contractor must first provide a written submittal to and obtain the written
approval of the Owner to sell such item. If the Contractor desires to substitute a
food or beverage commodity, product, and/or article listed in the approved price
schedule, the Contractor must first obtain written approval of the Owner for such
substitution. Failure of the Owner to disapprove within forty-eight (48) hours of
a written submittal by Contractor to Owner shall be considered to be approval of
the food and/or beverage additional or substitution.
Page 13 of 29
11.1¢tm m ea= mti a mi.p
i. The sale of chewing gum; cigarettes, cigars, chewing tobacco,
matches, and any and all other tobacco related products by the Contractor under
this Contract :is strictly prohibited.
18. Sale Of Alcoholic Beverages.
a. The Contractor shall obtain and maintain all federal, state, and local
permits and licenses required for the sale, service, and consumption of
intoxicating beverages, alcoholic beverages, and/or any fermented ale, wine,
liquor, or spirits under this Contract. The costs associated with the Contractor
obtaining all such licenses. and permits shall be the sole responsibility of the
Contractor, provided, however, that Contractor is not responsible for mailing any
change or modification to the Center facilities required to obtain such a license.
b. The types of concession and catering activities, events, functions at
which wine, beer, or other alcoholic beverages are sold by the Contractor under
this Contract :is subject to the prior approval of the Owner and subject to any
policies and procedures established by the Owner regarding such activities,
events, or functions. Contractor is not required to provide services if any Center
licensee, with the prior approval of the Owner, requires that its patrons be
allowed to bring alcoholic beverages upon the Center premises, but shall have the
exclusive first right to sell ice, cups, and non-alcoholic beverages, commonly
referred to as set-ups, and to levy corkage charge during such functions at a price
approved by the Contractor.
c. The Contractor must provide at its own expense an alcohol
awareness training program for its employees (Le., TIPS, TEAMS, etc.) and provide
the Owner with complete information regarding such program.
19. Advertising.
The Contractor shall not advertise in any manner other than as approved
by the Owner. The Contractor shall have no right to use the trademarks,
symbols, trade name, or name of the Owner or Center, directly or indirectly, in
connection with any activity, event, function, promotion, production, service,
and/or publication without the prior consent of the Owner.
20. Food And Beverage Samples.
a. Contractor understands and agrees that food and beverage
commodities, products, and/or articles may be germane to a Center activity,
event, or function. As such, nothing in this Contract shall be construed to
prohibit a Center licensee/tenant from exhibiting any food and/or beverage
commodity, product, and/or article, or from dispensing free samples of food and
beverages, in connection with a Center activity, event, or function. The Center
Manager sha l detampine whether fonrl and /or beverage samples are appropriate
for a Center activity, event, or function.
b. Food and beverage samples will normally be restricted to the
following quantities:
• food sample -- 2 ounce portion
• beverage sample -- 4 ounces
Where it is appropriate for a Center activity, event, or function, the Center
Manager may authorize larger sample quantities.
21. Equipment And Smallwares.
a. The Owner will provide certain equipment to the Contractor for its
use in performing its obligations under this Contract. Said equipment is listed
on attached and incorporated Appendix C. The Contractor acknowledges that it
has inspected said equipment prior to execution of this Contract and that said
equipment is in good condition and repair, and is acceptable. The Contractor is
responsible for maintaining said equipment in good condition and repair. The
Contractor shall, at its expense, repair or replace any of said equipment that is
damaged during its operations under this Contract. Said equipment shall not be
removed from the Center premises by the Contractor without the written approval
of the Owner. At the termination of this Contract, the Contractor shall return
said equipment to the Owner .in the same condition as existed at the inception of
this Contract, except for normal wear and tear, and will reimburse the Owner for
any of said equipment that is damaged or missing on the basis of replacement
value.
b. The Owner shall furnish, up to the quantity owned by the Owner and
available at the Center, tables and chairs to tenants for catered and special
events at the Center. All fee charges for the use of the Owner's tables, chairs,
and Center premises for catered events shall be retained by the Owner. The
Owner, at its option, may directly bill the tenant for said use fees or require the
Contractor to bill said use fees to the tenant and remit said fees to the Owner.
Said use fees shall not be included in the Contractor's gross revenues under this
Contract.
c. The Contractor shall, at its expense, furnish all tables, chairs,
smallwares, and other items necessary for any and all off-site catered activities,
events, or functions. Use fees charged and received by the Contractor shall be
included in Contractor's gross revenues to the extent allowed in Section 6 of this
Contract.
d. The Contractor shall supply all smallwares necessary to
accommodate 1,650 guests during its operations under this Agreement at such
time as the Phase I expansion has been completed to accommodate that number.
Said smallwares are listed in attached and incorporated Schedule 1. The
Contractor shall maintain its smallwares in good and presentable condition,
including ensuring that said smallwares are washed after each use to achieve
maximum cleanliness and sanitation. The Contractor's washing of glassware and
Page 15 of 29
w0anmm mc. cfiC m1a
cutlery must produce spotless drying. Contractor shall perform, at its expense, a
physical inventory of said smallwares on a quarterly basis. Contractor shall
provide the Owner with the results of each smallware inventory within five (5)
calendar days after the inventory is completed. The Contractor shall replace
missing or damaged smallwares within thirty (30) calendar days of the inventory.
The smallware replacement costs shall be deemed a controllalble expense of the
Contractor. Said smallwares are and shall remain the property of the Contractor.
e. Except for the equipment listed on Appendix C and equipment
obtained with
the equipment
use fee
specified in Section 5 of this Contract, the
Contractor shall provide any and all other equipment necessary to conduct its
operations and perform its obligations under this Contract. The Contractor shall
maintain, at its expense, such equipment in good condition and repair. The
Contractor shall, at its expense, repair or replace said equipment that is damaged
during its operation under this Contract. The Contractor shall be responsible for
any damage to its equipment during its operations under and/or terra of this
Contract. The Contractor shall provide the Owner with ani inventory of the
equipment it shall use on the Center premises prior to the commencementof its
catering, concession, and vending services and sales at the Center. Said
inventory shall be updated and kept current by the Contractor and a copy of the
updated inventory shall be avail ble to the Owner upon request.
22. Maintenance Rs_pair And Sanitation.
a. The Contractor shall maintain, at all times, the Center kitchen,
storage areas, food and beverage preparation/service areas (including the area
within a twenty-five (25) foot radius of all mobile and fixed concession stands),
and all related equipment, fixtures, paraphernalia, material, utensils and other
items therein, in a clean, sanitary, and operalbie condition, and comply with all
applicable health and sanitation laws and regulations. The Contractor shall at
all times permit and facilitate inspection of its food and beverage service
operation under this Contract by the Owner, its representatives and by
authorized public authorities.
b. The Contractor shall be responsible for and shall :repair any and all
damage to the Center kitchen, storage areas, food and beverage
preparation/service areas (including the area within a twenty-five (25) foot radius
of all mobile and fixed concession stands), other Center areas, and all related
equipment, fixtures, improvements, appurtenances, floors, walls, and other
property therein where said damage occurs during Contractor's use of the
respective Center area, reasonable wear and tear and damage due to fire or other
catastrophic loss excepted. At the termination of this Contract, the Contractor
may remove its own equipment, but will be responsible for leaving the on-site
facilities used by the Contractor under this Contract in the same condition as
existed at the Inception of this Contract, reasonable wear and tear and damage
due to fire or other catastrophic loss excepted, and will reimburse the Owner for
damage to the on-site facilities used by the Contractor under this Contract for
which the Contractor is responsible.
Page 16 of 29
c. The Contractor shall follow and comply with the Sanitation
Regulations and Job Inspection requirements attached hereto and incorporated
as Schedule 6. The Contractor shall provide the Owner with a description of its
approach to sanitation practices and a description of its program used to train its
employees in proper sanitation procedures.
d. The Contractor shall provide a mechanical garbage compactor as part
of the Equipment Use Fee described in Section 5. The mechanical garbage
compactor shall be located in an area of the Center agreed upon by the Parties
and provided by the Owner. The Contractor shall transport all waste materials,
including grease, from the Center kitchen, storage areas, and food and beverage
preparation/service areas, including the area within a twenty-five (25) foot radius
of all fixed and mobile concession stands, to the compactor area. Such removal
shall be made during and after each Center activity, event, or function. The
Owner will provide for removal of waste from the Center.
e. The Contractor must not discharge any grease into the Center's
drains and must keep grease in containers for disposal by the Contractor. If the
Contractor fails to comply with this provision, any cost, charge or expense
incurred in opening, cleaning and/or repairing drains for such discharge will be
paid by the Contractor.
f. Contractor expressly agrees to comply with all codes, ordinances,
regulations and laws regarding environmental health and safety matters,
including the use and disposal of cleaning agents and the like.
g. In the event that the Owner deems that the Contractor's sanitation
services are unsatisfactory, the Owner reserves the right to contract for or provide
such sanitation services and charge the Contractor for said sanitation services.
This right is in addition to all other rights the Owner may have under this
Contract and the law as a result of Contractor's unsatisfactory sanitation
services.
23. Alterations And Modifications.
The Contractor shall obtain the written approval of the Owner prior to
making any alterations or modifications to or installation of equipment in the
Center kitchen, storage areas, and food and beverage preparation/service areas.
All approved alterations and modifications shall be constructed and completed in
a competent and skillful manner. All approved and completed alterations or
modifications to said areas shall become a part of the Center premises and shall
be the property of the Owner.
24. Rodent Control.
The Contractor shall engage and supervise exterminators to control rodents
and other vermin and pests as is necessary, but at least on a monthly basis.
Such extermination services shall be supplied in all areas where food and
beverage commodities, products, and/or articles are prepared, stored, and/or
Page 17 of 29
dispensed by the Contractor in performing its obligations under this Contract.
Documentation of such services shall be retained and provided to the Owner.
25. Affirmative Action.
a. Contractor understands that all labor contractors who are issued
permits to work within the Center are required to make a concerted effort to
employ a work force which is representative of the minority population of the City
of Yalrima. Tn that end, the Contractor agrees to meet with the Owner within
fifteen (15) days after the award of the Contract and shall, within ninety (99) days
after said award, complete preparation of an affirmative action plan to achieve a
fully integrated work force, subject to approval by the Owner. Pertinentdata
regarding minority populations within the City of Yakima shall be supplied by the
Owner.
b. The Owner may terminate this Contract and any other contract for
failure by Contractor or other labor contractor to demonstrate, without good
cause as determined by the Owner, compliance with or substantial progress
toward the goals set forth in the approved affirmative action plan. Prior to any
termination, the Owner shall give notice of noncompliance and a sixty (60) day
period thereafter within which to make progress toward compliance.
c. The Contractor will furnish all information and reports required by
the Owner, and will permit access to its books, records, andaccounts by the
Owner for purpose of investigation to ascertain compliance with this section.
d. The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will :receive consideration for employment without regard to sex, race,
1 ra+4nr�'.1 nriCPI ry
color, religion,
(1L 14..1..4741'', Vi a1cL4ivaaKa Va asaa
e. The Contractor will send to each labor union or representative of
workers within which it has a collective bargaining Contract, a notice advising
the labor union of the Contractor's commitments under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
f. In the event of the Contractor's noncompliance with the
nondiscrimination clauses of this Contract, and after proper notice as described
in Section 25(b), this Contract may be canceled, terminated or suspended.
g. The Contractor will include the provisions of paragraphs "a" through
"d" in every subcontract, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the Owner may direct as a means of
enforcing such provisions; provided, however, that in the event the Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the Owner,, the Contractor may request
Owner to enter into such litigation to protect the interests of the Owner.
Page 18 of 29
26. Nondiscrimination.
During the performance of this Contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or
applicant for employment because of race, sex, creed, color, or national origin.
Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
b. The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to sex, race,
color, religion, ancestry, or national origin.
c. The Contractor will send to each labor union or representative of
workers with which it has a collective bargaining Contract or other contract or
understanding, a notice to be provided by the agency contracting officer, advising
the labor union or workers' representative of the Contractor's commitments
under Section 202 or Executive Order No. 11246 of September 24, 1965, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
d. The Contractor will comply with all provisions of Executive Order No.
11246 of September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor.
e. The Contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules, regulations,
and order of the Secretary of Labor, or pursuant thereto, and will permit access to
its books, records, and accounts by the Center for purpose of investigation to
ascertain compliance with such rules, regulations, and orders.
f. In the event of the Contractor's noncompliance with the
nondiscrimination clause of this Contract or with any of such rules, regulations
or orders, this Contract may be canceled, terminated or suspended in whole or in
part and the Contractor may be declared ineligible for further government
contracts in accordance with procedures authorized in Executive Order No. 11246
of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order No. 11246 of September 24, 1965, or by
rules, regulations or orders of the Secretary of Labor, or as otherwise provided by
law.
Page 19 of 29
wu�,� ac mILu.m Lias*
g. Prior to any such action, the Owner shall give notice of
noncompliance and a sixty (60) day period thereafter within which to make
progress toward compliance.
The Contractor will include the provisions of paragraphs "a" through "g" in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order No. 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the ,contracting agency may direct
as a means of enforcing such provision, including sanctions for noncompliance;
provided, however, that in the event the Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the contracting agency, the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
27. Taxes And Assessments.
The Contractor shall pay all license fees, assessments, taxes, and
deductions resulting from Contractor's performance of its obligations under this
Contract, including but not limited to all retail sales taxes on the products and
services provided hereunder by the Contractor, federal income tax, FICA, social
security tax, and assessments for unemployment and workers' compensation
insurance. In the event a tax or assessment is imposed against the Owner as a
result of the Contractor's performance of its obligations under this Contract, the
Contractor shall pay said tax or assessment before it becomes due.
28. Status O:f Contractor.
Contractor is an independent contractor, and none of Contractor's
employees or agents shall be considered an employee of the Owner. Contractor
and Contractor's employees or agents shall make no claim of Owner employment
or claim any related employment benefits from the Owner, including but not
limited to medical benefits, worker's compensation, social security, and/or
retirement benefits. Contractor has no authority to nor shall Contractor
represent that it has authority to bind the Owner in any manner.
29. No Guarantee.
The Owner in no way promises or guarantees the number of Center
activities, events, or functions, or the level of attendance at same, or the sales,
payments, and revenues to Contractor resulting from Center activities, events,
functions.
30. No Conflict Of Tinterest.
Contractor represents that it and its employees do not have any interest
and shall not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of this Contract. Contractor further
Page 20 of 29
covenants that it will not hire anyone or any entity having such a conflict of
interest during the term of this Contract. Owner agrees that the ownership and
operation by Goodale and Barbieri Companies of competing facilities and
services, so long as it is not under the name of M & M Catering Services, does not
violate this Section 30.
31. Compliance With Law.
The Contractor shall procure all permits and licenses and pay all charges
and fees necessary and incidental to the lawful conduct of its catering,
concession, and vending sales and services under this Contract. Contractor
agrees to perform all of its obligations under and pursuant to this Contract in
full compliance with any and all applicable laws, rules, and regulations enacted,
adopted, or promulgated by any governmental agency, legislative body, or
regulatory body, whether federal, state, local, or otherwise.
32. No Insurance Provided By Owner.
The Owner does not maintain any insurance, liability or otherwise, for or
on behalf of the Contractor.
33. Indemnity. Hold Harmless. And Defense.
a. Contractor agrees to indemnify and hold harmless the Owner,
County of Yakima, the Bureau, their elected officials, officers, employees, agents,
and volunteers from and against any and all claims, demands, causes of action,
losses, damages, costs, liens, and liabilities, in law or in equity, of every kind and
nature whatsoever, directly or indirectly arising out of, relating to, or resulting
from Contractor's performance or nonperformance of this Contract; resulting
from or caused by the use and occupation of the facilities hereinbefore described,
whether such use is authorized or not; or from any act or omission of Contractor,
or any of its officers, agents, employees, contractors, subcontractors, guests,
patrons, or invitees.
b. Additionally, the Contractor shall, at its sole risk and expense defend
any and all suits, actions, or other legal proceedings described in Section 33(a)
which may be brought or instituted against the Owner, County of Yakima, the
Bureau, their elected officials, officers, employees, agents, and volunteers or any
claim, demand or cause of action described in Section 33(a), and the Contractor
shall pay and satisfy any judgment or decree which may be rendered against the
Owner, County of Yakima, the Bureau, their elected officials, officers, employees,
and agents in any suit, action or other legal proceedings described in Section
33(a).
34. Insurance Provided By Contractor.
Contractor shall, at its sole cost and expense, procure and maintain the
following types and limits of insurance through the term of this Contract:
Page 21 of 29
a. Commercial liability :insurance on an occurrence basis subject to a
One Million Dollar ($1,000,000) per occurrence limit and Two Million Dollars
($2,000,000) aggregate. The policy shall contain a "Per Job Aggregate"
endorsement. 'The policy shall include Employers Liability (Washington Stop
Gap) coverage. The policy shall have a deductible of Five Thousand Dollars
($5,000) or less and the Contractor will be responsible for the payment o:f any
deductible amount. Higher retention or deductible limits may be acceptable on
prior approval by Owner. Such insurance shall be primary and noncontributory
with any other coverages, including the Owner's, and such insurance shall afford
immediate defense and indemnification of the Owner.
b. Commercial Automobile Liability insurance policy for any auto with
limits not less than One Million Dollars ($1,000,000) per occurrence, combined
single limit for bodily injury or death and property damage, including loading and
unloading operations.
c. Commercial Umbrella Liability insurance coverages shall be provided
in excess of the Commercial General Liability, Commercial Automobile Liability,
and Employer's Liability coverages with limits of no less than Five Million Dollars
($5,000,000) per occurrence. The deductible or self-insurance retention for this
coverage shall not exceed Ten Thousand Dollars ($10,000) per occurrence.
d. Special Form (All -Risk) insurance, providing one -hundred percent
(100%) replacement value, covering loss or damage to personal property both
owned by Contractor and owned, leased, or controlled by the Owner and provided
by the Owner for use by Contractor under the terms of this Contract located in
the Center. The deductible or self-insured retention for the All -Risk insurance
shall not exceed $5,000 per occurrence. The Special Form (All Risk) insurance
must include the following loss payee endorsement language:
THE CITY OF YAKIMA IS NAMED AS LOSS PAYEE AS TO ALL LOSS
OF PROPERTY OR DAMAGE TO PROPERTY OWNED, POSSESSED,
CONTROLLED, OPERATED OR LEASED BY THE OWNER.
e. Contractor, by executing this Contract, certifies that it is aware of
the provisions of Title 51 of the Revised Code o:f Washington (RCW) which require
industrial insurance coverage for employees, and certifies that it will comply with
such provisions before commencing performance of this Contract, and shall
present adequate evidence thereof to the Owner.
35. Additional Insurance Conditions.
a. All insurance policies shall be issued by an insurance company
authorized by law to conduct business in the State of Washington. Such
insurance company and policies are subject to the prior approval and acceptance
f�.i_ n__ � who has 1 S-.....�... rating � A �TiT Beat's i'���$��o
of the Owner aiid a current fninimuurn of A- II ir.i Guide.
b. The Commercial General Liability, the Commercial Automobile, the
Employer's Liability, and Employee Dishonesty Liability insurance policies
Page 22 of 29
required under this Contract must name the Owner, County of Yakima, the
Bureau, their elected officials, officers, employees, and agents as additional
insured with primary coverage, whether or not said entities and/or persons have
other insurance against any loss covered by said insurance.
c. The Contractor shall furnish a certificate of insurance as evidence of
coverage for each policy including the appropriate additional insured
endorsement. Each certificate shall provide that if the insurance policy is
canceled by the insurance company or Contractor during the term of this
Contract, the insurance company shall provide the Owner with sixty (60) days
written notice prior to the effective date of such cancellation. Under the
cancellation section of the certificate, the words "endeavor to" and "but failure to
mail such notice shall impose no obligation or liability of any kind upon the
company, its agents or representatives" should be crossed out. If requested by the
Owner, the Contractor shall furnish a complete copy of the insurance policy to
the Owner."
d. Unless expressly waived in writing by the Owner, Contractor shall,
throughout the term of this Contract, require all of Contractor's agents, licensees
or subcontractors providing a service at the Center to provide Contractor and the
Owner with certificates of insurance and insurance policies evidencing the same
type of Commercial General Liability, Workers' Compensation, Employers'
Liability, and Commercial Automobile Liability insurance coverages with the
same policy limits required of Contractor by this Contract. Said insurance shall
include the additional insured endorsement and the cancellation terms required
of the Contractor by this Contract.
e. Contractor's compliance with insurance coverage requirements shall
not be construed to relieve the Contractor from liability in excess of the
insurance policy limits.
f. The Contractor shall comply with any and all applicable insurance
and fire prevention laws, rules, and regulations, enacted, adopted, or promulgated
by any governmental agency, legislative body, or regulatory body, whether federal,
state, local, or otherwise.
36. Waiver Of Damage Claims And Subrogation.
Contractor, its officers, agents, employees and insurer(s) hereby waive any
right of recovery and release the Owner, its elected officials, officers, employees,
volunteers, agents, and assigns from any and all liability or responsibility,
including anyone claiming through or under them by way of subrogation or
otherwise, for any loss or damage which Contractor, its officers, agents,
employees and/or insurers may sustain incidental to or in any way related to
Contractor's catering, concession, and vending services/sales, and all other
operations under this Contract. Contractor shall obtain a written waiver of
subrogation from its insurance carrier(s).
Page 23 of 29
37. Performance Bond.
A Performance Bond issued by a professional surety company authoriized to
do business in the State of Washington or letter of credit in the amount of One
Hundred Twenty -Five Thousand Dollars ($125,000) shall be executed and
delivered to the Owner and subject to approval of the Purchasing Agent within
ten (10) calendar days after execution of this Contract to insure the faithful and
full performance of all covenants, terms, and conditions of this Contract. Said
Performance Bond shall be maintained and kept in full force and effect by the
successful Contractor during the entire term of this Contract.
38. Assignment.
This Contract shall not assign, subcontract, transfer, hypothecate,
mortgage or otherwise encumber any right, duty, obligation, liability, claim, or
interest hereunder without the prior written consent of the Owner. In theevent
that such an assignment, subcontract, or transfer is permitted by the Owner, the
assignee, subcontractor, or transferee shall assume all of Contractor's duties,
obligations, and liabilities under this Contract.
39. Removal Of Subcontractor.
If dissatisfied with the background, performance, and/or general methodologies of
any subcontractor, the Owner may request in writing that the subcontractor be
removed. The Contractor shall comply with this request at once and shall not
employ the subcontractor for any further work/services under this Contract.
40. Subordination.
This Contract and everything herein contained shall be subordinate to any
ground and underlying lease or leases and to any charge or charges (including
deeds of trusts, mortgages, bonds, and all instruments supplemental thereto) and
all renewals, modification, consolidations, replacements and extensions thereof
created by the Owner in respect to the Center and the Contractor hereby
covenants and agrees that it will at any time and from time to time as required by
the Owner during the term hereof and any extension or renewal, give all such
further assurances relative to this proviso as may be reasonably required to
evidence and effectuate this subordination of its rights and privileges hereunder
to the holder or holders of any such ground and underlying lease or leases and
charge or charges (including deeds and trusts).
41. Payment For Utilities.
The Owner shall provide gas, electrical, and water services at the Center for
use by the Contractor in performing its obligations under this Contract; provided,
however, that the Cervices dirertiy related to the Center kitchen facility vrflll be
separately metered and directly billed by the utility to the Contractor.
Page 24 of 29
42. Waiver Of Bureau Liability.
It is understood by Contractor that the Bureau is a lessee of the Center
and that all agreements, contracts, and licenses are subject to the terms and
conditions of the Bureau's lease with the Owner. Should that lease be
terminated or expire or should the Bureau be unable to perform any of the
conditions or covenants of its lease provisions with the Owner, then, to that
extent, the Contractor waives any liability of the Bureau to Contractor.
43. Default Or Breach.
Each of the following events constitutes a default or breach of this
Contract by Contractor:
a. If Contractor files a petition for bankruptcy, insolvency, or
reorganization under any bankruptcy act/law, or shall voluntarily take advantage
of any such act/law by answer or otherwise, or shall make an assignment for the
benefit of creditors.
b. If involuntary proceedings under any bankruptcy or insolvency
act/law is instituted against Contractor, or if a receiver or trustee is appointed to
administer Contractor's affairs, and such proceedings are not dismissed or the
receivership or trusteeship vacated within sixty (60) days after the institution or
appointment.
c. If the Contractor fails to timely pay the Owner any minimum or
commission required under this Contract and such failure continues for a period
of ten (10) days after written notice of the failure by the Owner to Contractor.
d. If the Contractor fails to perform, keep, and/or observe any of the
terms, covenants, conditions, and/or obligations of this Contract, and the failure
continues for a period of thirty (30) calendar days after written notice of the
failure is provided by the Owner to the Contractor, or if the failure cannot be
reasonably corrected/remedied within the thirty (30) calendar day period, the
Contractor does not in good faith commence correction/remedy within the
thirty (30) calendar day time period and does not diligently proceed to completion
of the correction/remedy.
e. If the Contractor vacates or abandons the Center premises and its
catering and concession service under this Contract.
44. Effect Of Default Or Breach.
In the event of any default or breach of this Contract, the Owner has the
following options:
a. The Owner may, in its discretion, terminate this Contract upon
giving the Contractor five (5) calendar days written notice of termination. The
Contractor shall be liable to the Owner for all damages, losses, expenses, and
Page 25 of 29
costs suffered by the Owner as a result of the Contractor's breach/default ,which
are in excess of those which Owner would incur if Contractor terminated the
Contract under Section 45.
b. After termination, the Owner may, in its discretion, enter into a
catering and concession contract for the Center with another party. In such
case, the Contractor shall be liable to the Owner, in addition to all other
damages and/or losses caused by the Contractor's lbreach, for all expenses and
costs incurred by the Owner in obtaining another party to perform catering and
concession sales and services at the Center which are in excess of those which
Owner would incur if Contractor terminated the Contract under Section 45. The
Contractor shall also be liable to the Owner for the difference in minimums
and/or commissions received by the Owner under the new catering and
concession contract and the minimums and/or commissions due from the
Contractor to the Owner during the same period under this Contract which are in
excess of those which would result if Contractor terminated the Contract under
Section 45.
c. The Owner may, in its discretion and without notice, enter the
Center premises immediately and remove any property of the Contractor, and
store the property in a public warehouse or other place selected by the Owner, at
the expense of the Contractor. If the Contractor has not paid the removal and
storage expenses of the Owner within thirty (30) calendar days of removal, the
property shall become the property of the Owner. The Owner may, in its
discretion, dispose of the property in any manner without payment or
reimbursement to the Contractor.
d. Upon termination, the Owner may, in its discretion, require the
Contractor to remove any and all improvements, fixtures, facilities, and
structures, constructed or placed on the Center premises by the Contractor, title
to which has not vested in the Owner, and restore the Center premises and leave
such in the same condition as existed at the time of commencement of this
Contract, complete with all of Owner's equipment, furnishings, and fixtures
inventoried at the time of commencement of this Contract.
e. Upon termination for default or breach of this Contract, Contractor
is not entitled to any reimbursement of, and waives any claim or interest in, the
equipment use :fee specified in Section 5.
f. The Owner may, in its discretion, assert: any other remedy, means, or
claim provided in law or equity as a result of Contractor's default or breach of
this Contract.
g. The Owner may, in its discretion, utilize any combination of the
t___ A11 rights and �.. r#' of Owner under thisContract are
above options. rill remedies the unde Conts.a..t
cumulatiivee and not alternative,
Page 26 of 29
Usl�/m'm C mla
45. Termination Without Default Or Breach.
a. The Owner or Contractor may terminate this Contract, where no
default or breach of the Contract has occurred, by giving the other respective
party sixty (60) calendar days written notice of termination. Upon termination of
this Contract, through passage of time or otherwise, Contractor shall assist
Bureau and Owner in a transfer of the operations within sixty (60) calendar days
after notification of termination.
b. Upon such termination by the Owner, the Owner shall pay the
Contractor an amount equal to the unamortized value of the Use Fee Equipment
specified in Section 5 based upon straight line amortization over one hundred
twenty (120) months. Upon such termination by the Contractor, the Contractor
agrees and acknowledges that it is entitled to no reimbursement of, and waives
any claim or interest in, the Use Fee Equipment specified in Section 5.
c. Upon such termination by either party, and at the Owner's election,
Contractor agrees to sell any or all of the Contractor's movable fixtures and
equipment installed or used upon. the Center premises. In the event Owner elects
to purchase any or all of said fixtures or equipment, then Owner shall notify
Contractor in writing at least twenty (20) calendar days prior to termination of
this Contract. In the event Owner exercises its option to purchase any or all of
said business fixtures and equipment, the purchase price shall be the fair market
value of such items at the date of such termination. If the parties are unable to
agree upon the fair market value, each party shall appoint one qualified appraiser
and the two appraisers shall determine the fair market value of such items, which
determination shall be final and binding upon the parties. The cost of these
appraisers shall be shared equally by the Owner and Contractor.
d. Upon termination, the Owner may, in its discretion, require the
Contractor to remove any and all improvements, fixtures, facilities, and
structures, constructed or placed on the Center premises by the Contractor, title
to which has not vested in the Owner, and restore the Center premises and leave
such in the same condition as existed at the time of commencement of this
Contract, complete with all of Owner's equipment, furnishings, and fixtures
inventoried at the time of commencement of this Contract.
46. Non -Waiver.
Any waiver of the Owner of any default or breach of this Contract by the
Contractor must be express and in writing. No waiver shall be implied or inferred
from any action or inaction of Owner. Waiver of the Owner of any default or
breach of this Contract by Contractor does not constitute a waiver of any other
and/or subsequent default or breach of this Contract by Contractor.
Page 27 of 29
IL14/m'm ass tattle/ ids.
47. Severability
It is understood and agreed that if any part of this Contract is held to be
illegal or invalid, the validity and enforceability of the remaining provisions shall
not be affected.
48. Modification.
No change, modification, amendment, and/or addition to this Contract
shall be valid or binding upon either party unless in writing executed by both
parties.
49. Section Or Paragraph Headings.
All section and paragraph headings are for quick reference and convenience
only and do not alter, amend, explain, or otherwise affect the terms, covenants,
and conditions of this Contract.
50. Notices.
Unless stated otherwise herein, all notices and demands under and related
to this Contract shall be in writing and shall be considered given when received
by parties as follows:
TO OWNER:
TO CONTRACTOR:
WITH COPY TO:
Purchasing Agent
City of Yakima
129 No 2nd St.
Yakima, WA 98901
Goodale and Barbieri. Companies
Attn: Chief Operating Officer
201 W. North River Drive., Suite :100
Spokane, WA 99201
M & M Catering Services
Attn.: Manager
10 No. 8th St.
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid. Such notices shall be deemed effective when mailed or hand delivered at
the addresses specified above.
Page 28 of 29
51. Governing Law.
This Contract shall be governed by and construed in accordance with the
laws of the State of Washington.
52. Venue.
The venue for any action to enforce or interpret this Contract shall lie in
the Superior Court of Washington for Yakima County, Washington.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to
be executed this day of 00(111."A,w_, , 19 `N. -
CITY OF YAKIMA
-----
By: -\ =;ti�.
GOODALE AND BARBIERI COMPANIES
COMPANIES, a Washington corporation,
d/b/a M & M Catering Services
By:
R. A. Zais, City Manager Its:
AY1 EST:
City Clerk
Cry '! ac^r rsc? 9 D.
USA.41‘,101 40. —� (,% --i
STATE OF WASHINGTON )
:ss.
County of Sioku )
On this 2 yam+ day of D e c e m b c' r , 1996, before me the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared r h'1 Cu`—c--e y , the Vrc'e Pres L7 C.G.G. of
Goodale and Barbieri Companies, a Washington corporation, d/b/a M & M
Catering Services, and who executed the foregoing instrument, and acknowledged
to me that h e signed and sealed the said instrument as h i s free and voluntary-
act
oluntaryact and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above. i!ii�,�!
g
; �QT AR Y �ARY PUBLIC in and f►.'r the State of
5 •�pu`m B Q•UG ; Zo� � ashington, residing at 56' C) (c '1 f
.v �: My commission expires: 0//(,,
j�F iN115� �1`1`�
Page 29 of 29
ds)agr/cnvtn cntr modified3fin.pm
INSTRUCTIONS TO PROPOSERS, PROPOSAL BID FORMS,
BUSINESS QUESTIONNAIRE, CONTRACT, AFFIDAVIT,
AND OTHER PROPOSAL DOCUMENTS
Prepared by:
THE CITY OF YAKIMA AND
THE YAKIMA VALLEY VISITORS AND CONVENTION BUREAU
for:
PROPOSAL NO. 19601
FOOD AND BEVERAGE SERVICES CONTRACT
at: THE YAKIMA CONVENTION CENTER
YAKIMA, WASHINGTON
FEBRUARY 1996
YAKIMA CITY COUNCIL
DECEMBER 17, 1996, AGENDA ITEM #17
ATTACHMENT A
TABLE OF CONTENTS (continued)
Page Number
SCHEDULE "G"
Sample Food and Beverage Services Contract for
The Yakima Convention Center 35
Purpose 36
Term And Option To Extend 36
Incorporation Of Contractor's Proposal .37
Guaranteed Minimums And Commissions 37
Equipment Use Fee 37
Accounting 37
Authority 38
Exclusive Catering, Concession And Vending Rights 38
Food And Beverage Services 39
Other Services 40
Vending Services And Sales 41
Operating Conditions 41
Right Of Entry And Use 42
Personnel 43
Uniforms And Linens 44
Menus 44
Procurement, Handling, And Sale Of Food And Beverages 44
Sale Of Alcoholic Beverages 46
Advertising 46
Food And Beverage Samples 47
Equipment and Smallwares 47
Maintenance, Repair And Sanitation 48
Alterations And Modifications 49
Rodent Control 49
Affirmative Action 49
Nondiscrimination 50
Taxes And Assessments 51
Status Of Contractor 51
No Guarantee 51
No Conflict Of Interest 51
Compliance With Law 51
No Insurance Provided By Owner 52
Indemnity, Hold Harmless, And Defense 52
Insurance Provided By Contractor 52
Additional Insurance Conditions 53
Waiver Of Damage Claims And Subrogation 53
Performance Bond 54
Assignment 54
Removal Of Subcontractor - 54
Subordination 54
Payment For Utilities 54
Waiver Of Bureau Liability 54
Default Or Breach S4
Effect Of Default Or Breach 55
Termination Without Default Or Breach 56
Non -Waiver V 57
Severability 57
Modification 57
ii
TABLE OF CONTENTS (continued)
Page, Number
Section Or Paragraph Headings 57
Notices ..... 5757
Governing Law 57
Venue
IN WITNESS WHEREOF 58
SCHEDULE '1'
Smallwares and Contractor Supplied Equipment. 59
SCHEDULE '2'
Wage Schedule 60
SCHEDULE '3' 61Financial Format for 'Operational Submittal Purposes
SCHEDULE '4' 63
Proposal Form
SCHEDULE '5'
Minimum Purchase Specification Requirements • • • • . • • • • ° ° ° ° .66
SCHEDULE '6° ..6g
Sanitation Regulations and Job Inspection "'
APPENDIX A 70
Affidavit
APPENDIX B
71
Selected Data
APPENDIX C 73
Food Service Equipment List
APPENDIX D 74
Food Service Facilities Drawings and Expansion Plans
iii
t
INFORMATION TO PROPOSERS
TIME, PLACE AND DEFINITIONS OF PROPOSAL SUBMISSION
1.01 The proposer shall complete and submit one (1) original and three (3) copies of the
proposal documents consisting of the schedules under Clause 2.
1.02 To be considered, sealed proposals must be received by mail or in person at the City
Clerk's Office, Yakima City Hall, 129 No. 2nd St., Yakima, WA. 98901 in a sealed
envelope, not later than 2:00 p.m. Yakima time on April 5, 1996.
1.03 The proposer(s) shall identify his proposal on the outside of the envelope by writing the
words:
"Proposal No. 19601 - Do Not Open -
The Yakima Convention Center
2:00 p.m. April 5, 1996"
1.04 Questions regarding any aspect of the proposal documents or any other matter to this tender
shall be directed in writing to:
Sue Ownby, Purchasing Agent
City of Yakima
129 No. 2nd Street
Yakima, WA 98901-2515
1.05 Definitions: The following definitions will apply to the document herein:
1. Proposal - the document or documents submitted by proposers in answer to the
RFP package questions and information requested by the "Owner" relative to the
food and beverage operational management contract at the Yakima Convention
Center.
2. Proposer - that party or parties responding to the Owner's RFP, in written form,
regarding the above referenced contract.
3. Contract - shall mean a binding agreement to provide the food and beverage service
for the Owner as provided herein.
4. Automated Vending - food service vending for automatic machines.
5. Contractor - shall mean the corporation, company, partnership, firm or individual
named and designated in the contract as the "Contractor", and its, his or their
employees, agents and legal representatives.
6. Consultant - the designated project food service consultant to the Center. William
Caruso & Associates, Inc., 9200 East Mineral Avenue, Suite 100, Englewood,
Colorado 80112.
7. The Center - The Yakima Convention Center located in Yakima, Washington.
8. Concession services - over the counter cash sales at fixed and mobile food and
beverage concession units at the Center. This may also include sales made by
roving vendors throughout the Center.
1
9. Call,m.ing services - food and beverage functions where payment is received for pre-
arranged services.
10. Branded Name Produce - food and beverage items that may be sold both within
and outside the Center to the general public under the same brand name as offered
for sale within the Center. Branded products may be sold under franchise license
by the contractor or at separately demised mobile and/or fixed concession stands
exclusively featuring certain brand name products and operated by employees cif the
company offering the brand name products.
11. Net. Profit - gross profit less expenses (including fees) and investment depreciation.
12. Third Party Sales - subcontracted source sales provided from vendors other than
subcontractors to the Contractor.
13. Truss Profit - all gross food/beverage service sales as defined under this contract
less applicable sales taxes.
14. REP - The formal Request for Proposal document provided to proposers for this
contract.
15. Sgiior Management - Personnel from the Contractor's firm assigned to this project
and relating to the following positions.
• General Manager (located at the Center in Yakima).
• Corporate, District and Regional Management Personnel.
• Corporate, Marketing and Financial Liaison Personnel.
N 1 Eo The term Corporate shall mean any person(s) located at the Contractor's
Corporate Headquarters or reporting directly to Corporate Headquarters
personnel if such an entity applies to the successful proposer.
16. Qross Food Service Sales - the total amount of money, gratuities not actually paid
to employees and service charges received or charged by the Contractor, his agents,
subcontractors or employees of the Contractor for all food and beverage service
sales, excluding applicable taxes, made under this agreement.
17. Egod Service Equipment - All equipment used iri the storage, preparation, cooking,
serving, holding and warewashing areas of the manual food service operations.
Defined as Section 11400 equipment by the Construction Specification Institute.
18. �;nding Equipment - All automatic vending machine equipment that serve canned,
cartoned and/or prepackaged foods in an automated manner.
19..pnirollable Expenses - certain out of pocket expenses associated with the daily
food and beverage operations including payroll, payroll taxes, administrative and
general costs, and other daily operating costs, as set out in the financial schedules
set out herein.
20. Qwner - The City of Yakima.
21. Qwner's General Manager - The Executive Director of the Yakima Valley Visitors
and Convention Bureau.
FORM OF PROPOSAL
2.01 Proposals shall be properly executed by duly authorized officers of the Proposer(s). If the
Proposer(s) is/are a Corporation or Joint Venture, the Proposal must be signed in its home
office(s) and on its behalf and under seal by two (2) duly authorized signing officers of the
Corporation(s). The Offices held by the signing officers must be shown and all forms shall
be duly notarized by a registered Notary Public.
2.02 Proposals shall consist of Schedules A through G and 1 through 6 and Appendices A
through D attached hereto completed in every detail. Additional pages may be used where
necessary.
2.03
2.04
2.05
2.06
2.07
2.08
2.09
Schedule A -
Schedule B -
The Yakima Convention Center Food and Beverage Services Proposal.
Business Questionnaire.
Schedule C - Proposal Form.
Schedule D - Menu Details - Food and Beverage Functions and Facilities.
Schedule E - Additional Information.
Schedule F - Comments on Food and Beverage Services Contract.
Schedule G - Sample Food and Beverage Services Contract with Attached Schedules 1, 2,
3, 4, 5, and 6.
2.10 Appendix A - Affidavit.
2.11 Appendix B - Selected Data.
2.12 Appendix C - Food Service Equipment List.
2.13 Appendix D - Food Service Facilities Drawings and Expansion Plans.
PROPOSAL CONDITIONS
3.01 General Information
1. The City of Yakima ("the Owner") is the Owner of The Yakima Convention Center
("the Center") and has granted the right to operate the new Center to its General
Manager (the "Manager"). Included in this right is the right to provide food,
beverage and related services to patrons attending events at the Center.
2. Projected food service attendance data at the Center is attached as Appendix B.
3.02 Acceptance of Proposals
Proposals shall remain open for acceptance and be irrevocable for a period of ninety (90)
calendar days from the proposal opening date. The Owner reserves the right to reject any
or all proposals. The lowest proposal will not necessarily be accepted, nor will any reason
for the rejection of any proposal be indicated. The Owner will review the overall
qualifications and business proposals of the bidders and in its judgment, select the best
qualified. After submission of a Proposal, and before acceptance of any Proposal by the
3
Owner, the Owner may request, and Proposer shall furnish, such additional information
related to the Proposer as the Owner may reasonably request.
3.03 Award of Contract
1. As promptly as possible after the receipt and review of proposals, the Owner will
notify proposers and assign a time for selected "short-listed" proposers to appear
before the Owner's Selection Committee to present their proposals. Once chosen,
the successful proposer shall then be required to negotiate the final terms and
conditions of a contract and provide all documentation, including surety bond or
irrevocable letter of credit required.
2. In the event that the successful proposer does not execute the contract as herein
required, the award of the contract may then be made to another proposer or the
Owner may decide to call for new proposals.
3 . In the event that the successful proposer fails or ;refuses to sign the contract on the
forms provided within the time specified, the bond submitted as part of the proposal
shall be forfeited.
4. Immediately after the notice of award, the Contractor(s) and his Food service
Manager(s) shall begin planning in conjunction with the Owner's staff to insure
fulfillment of all obligations. The Contractor(s) will be expected to proviide all
necessary professional food service design and operational coordination services
upon execution of the contract, the expenses of which will be borne by the
Contractor(s). The Contractor(s) will be expected to attend meetings as required by
the Owner or :its designee to assist in the preparation for opening. Additionally, at
the time of contract execution all funds proposed for equipment investment will
become immediately due and payable to the Owner in the format designated by the
proposer on the forms provided herein. Specific design service requirements will
be as follows:
r,s E a a'!' EC'C`TfIN CERVIr '
a. ,yZl ttC tyln r n i,r ,v�, �.... •-�
1).ORIENTATION
Contractor will attend design meetings with the Owner and/or the
Owner's designated representative(s) to further establish the scope
and criteria of the project. At this time, Contractor will finalize the
Owner's thoughts relative to design approach, public image, menus,
scope and style of service, preparation and purchasing standards and
any other lbasic planning criteria, or intent, which will communicate
the Owner's specific needs into the planning processes.
2). REVIEW OF SCHEMATIC DRAWINGS
Contractor will review architectural schematic drawings and make
any recommendations needed to finali7P and refine the conceptual
design.
3). SPA _E A.1.. ir$
Contractor will prepare space utilization schematic layouts. These
layouts will indicate the proposed functional relationships of food
preparation/kitchen and support areas to the dining areas.
4
4). PRELIMINARY EQUIPMENT DISTRIBUTION PLAN
Contractor will prepare an equipment distribution plan upon
Owner's approval of the basic concepts. This plan will be used to
locate and identify, in preliminary form, food/beverage equipment.
5). PRELIMINARY UTILITY LOADS/PERTINENT INFORMATION
FOR ARCHITECTS AND ENGINEERS
If required, Contractor will submit itemized preliminary utility loads,
based on conceptual plans, for the purpose of predisposing
Architects and Engineers to the requirements of foodservice
equipment. In addition, Contractor will provide general project
coordination information for the use of the architectural and
engineering team regarding Contractor's section of work on the
project.
b. DESIGN DEVELOPMENT
Based on approval of preliminary concept, Contractor will prepare to scale
equipment plans which locate and identify, in full detail, all food/beverage
equipment.
c. WORKING DRAWINGS
Upon finalization of Design Development Drawings, Contractor will
prepare and issue scale drawings, for all areas within the scope of
responsibilities as follows:
1). BUILDING CONDITIONS PLANS identifying all building
requirements to accommodate equipment, such as floor recesses,
critical clearances, conduit or sleeve locations, raised pads, exhaust
duct connection sizes and locations, etc.
2). PLUMBING/ELECTRICAL CONNECTION PLANS identifying
and sizing all rough in and connection requirements for water, gas,
steam, drains, and electrical utilities.
3). MISCELLANEOUS DRAWINGS, such as heat/water reclamation,
exhaust hood, refrigeration, and/or utility distribution system
drawings as appropriate.
d. SPECIFICATIONS AND BIDS
1). FABRICATION DETAILS
Contractor will prepare detailed drawings and sections of special or
custom fabricated equipment.
2). SPECIFICATIONS
Contractor will prepare, for a single competitive bid/cooperative
purchasing package, a complete set of specifications for all new
equipment that has been approved by the Owner.
e. CONSTRUCTION AND INSTALLATION SERVICE:a
1). COORDINATION
In accordance with Owner, Contractor will generally administer the
progress of the Kitchen Equipment Contractor, review shop
drawings and monitor construction progress.
2). PUNCH LIISTiDEFICIENi i I QRT
Owner and Contractor will review the final on-site placement of all
items and inspect for damages to determine that the installation is in
accordance with the final plans and specifications. Within ten (10)
working days after occupancy of the premises, Contractor will
prepare the necessary list(s) of all items needing corrective action.
3.04 Expenses in Preparation of Proposals
Neither the Owner, nor its Consultants will be responsible for, nor pay for, any expenses
incurred by the Proposer in the preparation of the proposal.
3.05 Examining; Documents
The Proposer will be deemed to have studied and examined all facilities and all relevant
documents before proposing.
3.06 Proposal Documents
Proposal documents may be examined without charge in the offices of the Owner's General
Manager at The Yakima Valley Visitors & Convention Bureau, 10 North 8th Street,
Yakima, Washington 98901-2515, or may be procured from the City of Yakima
Purchasing Division at 129 No. 2nd Street, Yakima, Washington, 509-575-6093, upon
payment of a $100.00 document fee, which is non-refundable. Certified checks should be
made payable to The City of Yakima.
A DM____LMNAL INFORMATION
4.01 Content of Proposals
1. In selecting a Contractor for the Center, studied consideration will be given to the
contents of Proposals. Proposers should describe in great detail how they propose
to meet the Specifications for Contract for Food, Drink and Miscellaneous Services
at the Center, including:
a. Proposer shall be required to provide the following basic financial
obligations:
1). A minimum of Two Hundred Fifty Thousand Dollars
($250,000.00) investment in new foodservice equipment
through an equipment use fee and/or capital improvements to
.,:t:...
1 611..111
2). Minimum commission on gross food/beverage sales as
proposed in the proposals documents.
b. Level of investment and architectural design/construction input for the
foodservice facilities.
6
c. Number, qualifications, and authority of full time personnel and managers,
number and source of part time personnel and proposed uniforms for
employees and management level staff at the various service venues
throughout the Center.
d. How the proposer proposes to continue to, and participate in the total effort
of making this expanded center a successful operation.
e. Any other information the proposer believes will be helpful to the Owner in
making a selection.
2. Detail and comprehensiveness of the Proposal are important to the Owner and will
be considered in making the selection.
3. Specific factors will be applied to proposal information to assist the Owner in its
task of selecting the most qualified candidate for this contract. General guidelines
for review are as follows:
a. Financial capability to perform the contract and ability to provide an
equipment use fee parallel to the goals and requirements of the Owner.
b. Background in High -Volume food and beverage operations pertaining to
multi -use services (includes "track record" in public assembly building
feeding services).
c. Management Qualifications, especially related convention center food
service backgrounds of proposed senior management proposed for 1
facility.
d. Merchandising and Sales Creativity proposed. Also examples of menu
concept design, special promo decor and uniforms must be presented.
e. Operational Expertise as evidence in this proposal, i.e., staff
training/manual procedures, provision of (availability of) daily financial data
to Owner, ability to provide back-up management expertise on short notice.
f. A successful, detailed interview with the proposer's general manager
candidate.
g.
Creativity and functionality of the Architectural design and construction plan
for foodservice facilities at the expanded Center.
4.02 General Scope
1. The Owner will award to the best qualified and responsible proposer(s) a contract to
provide exclusive food and beverage service as specified herein; sell alcoholic
beverages under certain conditions, operate the main kitchen, operate fixed and
mobile concession stands, cater food and beverage to meeting functions and
conferences, vend various refreshments and other items as approved by the Owner
and provide wardrobe checking services at the Center, as required. In addition the
Owner will require the successful proposer to operate any and all staff facilities,
bar/lounges, mobile thematic food services and other food service operations as
required by the Owner.
7
2. The Owner's food and beverage facilities and equipment shall be used solely for the
conduct of the described contract. The areas to be occupied by the Contractor may
be subject to increase or decrease from time to time. The Owner will designate
which space or areas the Contractor may use in the performance of the
responsibilities as set forth herein to conform with the priorities established by the
Center. These specifications will become:part of the contract and be binding upon
the parties thereto.
4.03 Center Activities
1. The Center will provide a broad range of activities.
2. Projected event days and other operational details available are 'enclosed herein.
4.04 Review of Plans and�na1vsliof Po ntial
1. Each Proposer shall visit the Center to inspect and familiarize themselves with the
facilities. The Center is undergoing a Phase I expansion program and drawings of
the facility will be available for view by prospective proposers. Each proposer shall
submit an architectural and design plan for the foodservice facilities. Submissions
should include perspective drawings and foodservice equipment specifications with
detailed mechanical/electrical/plumbing rough -:in requirements. All Proposers
should be aware that after the Phase I expansion is completed, the Owner
anticipates another possible multi-million dollar expansion project.
The Owner will schedule a mandatory pre -proposal meeting to answer questions
and clarify contract points by proposers prior to the final date of submission of
proposals. This meeting will be scheduled in Yakima, Washington, on March 15,
1996, at the offices of the General Manager of the Center located at 10 North 8th
Street, Yakima, Washington.
4.05 Prop_o_ser'isOualifications
1. In order to qualify for the award of the contract, proposers must meet the following
minimum qualifications. Further, the qualifications as set forth herein are designed
to establish experience criteria with which the proposer demonstrates his capability
to provide food and beverage service in a major convention center facility. The
Owner will be particularly interested in reviewing the following proposal
information:
a. Evidence in the form of answers to the enclosed business questionnaire or
additional evidence in affidavit form:
(1)
that proposer has experience in major places of public assembly
such as a convention center, which has multi-purpose facilities
including exhibition halls and various sized meeting rooms, citing
the number of years and the locations at which such operations are
conducted;
That
has operattedd a first-class cateringlbariquEeting,
(2) proposer vt+vx — p -- z o•
bar/loun,ge, and/or concessions program involving the purchase,
preparation, and serving of food and drink to the public on a mass
scale; and
8
(3)
That proposer has experience in serving food and drink in banquet,
concessions, or restaurant style to at least one thousand five hundred
(1,500) persons at one sitting. Proposer must cite location of
operation(s) and number of years operated.
b. Operating experience (minimum past 5 years) and reputation for quality of
service and cooperation in line with paragraph a. above and satisfactory to
the Owner.
c. Financial resources which, in the opinion of the Owner, are adequate to
insure full and proper performance of the contract. A proposer must submit
a current financial statement which is not to be older than one (1) year after
the close of the accounting period. Said statement is to be certified by a
certified public accountant.
d. Demonstrated ability to develop maximum gross receipts and potential from
similar type operations;
e. Demonstration of a "good faith" effort to meet or exceed the goals of any
Equal Opportunity programs required by the Owner for this contract.
f. Demonstration of a "good faith" effort to include local caterer and vendor
participation in this contract.
Demonstrated abilities in other convention centers in the areas of:
• Quality control measures to be undertaken;-
• Institution of safety/emergency management programs;
• Positive results of recycling programs;
h. Of critical importance in the evaluation of proposers will be the ability to
provide resident experienced, professional management and support
services to insure a quality program satisfactory to the Owner. Resumes of
all management candidates to be ultimately interviewed and selected are to
be submitted to the Owner.
i. Literature, brochure, etc., describing the operation(s) of the firm and such
other material(s) that may be useful in determining the operating experience
and reputation for quality and cooperation of the proposer and ability to
begin operations as noted.
Proposed labor schedules and average -demand day manning charts of the
resident management and staff.
k. A proposer must submit an organizational chart of the proposed operation to
include a manual of operational procedures for the Center's food and
beverage program.
1. A proposer should provide in great detail and submit with the proposal a
thorough evaluation of proposed sales potentials including its work papers
evidencing evaluation of prime and secondary market needs and definitions,
as well as its marketing and promotional programs for the term of the
agreement. This program will be aimed at generating maximum food and
beverage business for the Center.
g.
J.
m. Proposer should outline in great detail the following programs:
(1) Alcohol awareness, i.e., "TIPS", "TEAMS" training programs,
systems and philosophy.
(2) A sample questionnaire for use by the Owner and guests in
evaluating services. Discuss how a continuing program of this
nature will be instituted and the overall program goals/objectives.
(3) Compliance with the new American Disabilities Act in all services
performed for and on behalf of the Owner.
(4) Health, safety, and first aid procedures employed i.e., mouth-to-
mouth
outh-to-
moue i resuscitation training, Heimlich Maneuver
training, etc.
n. Proposer must submit a detailed design and use plan for the present and
expanded foodservice facilities. This plan should outline all anticipated
remodeling and foodservice equipment costs.
o. Proposer must provide detailed alternate operating procedures to
accommodate construction during the Phase I expansion program.
2. The Owner may require such other information as deemed necessary to ascertain the
qualifications of a proposer.
3. The decision of the Owner and the staff as to the acceptable qualifications of the
proposer shall be final and binding without any right of appeal.
The contract under which the services as a wholle shall be granted will be for a term
of ten (10) years, commencing on or about January 8, 1997, or the first day
operator takes possession of the foodservice facilities and generates actual sales
within the Center and terminating on or about January 7, 2002, with one (1)
possible five (5) year contract extension.
4.06 Facilities
footage following facilities constitute the approximate present square footage ops sting
areas at the Center:
• Room A - 1,575 SF
• Room B - 1,575 SF
• Room C - 5,580 SF
• Room D - 5,850 SF
• East Lobby - 3,540 SF
• Conference Room - 558 SF
• Snack Bar - 138 SF
• Kitchen - 1,420 SF
• South Center Storage - 688 SF
• North Center Storage - 363 SF
• Beverage Storage - 145 SF
The following facilities constitute the proposed operating areas at the Center upon
completion of the Phase I expansion program:
• Room A - 1,575 SF
• Room B - 1,575 SF
• Room C - 5,520 SF
10
• Room D - 5,845 SF
• Room E - 5,810 SF
• Room F - 1,040 SF
• Room G - 1,040 SF
• Room H - 1,040 SF
• East Lobby - 8,000 SF
• Snack Bar - 138 SF
• Kitchen - 1,420 SF
• South Center Storage 688 SF
• North Center Storage 363 SF
• Beverage Storage 145 SF
• Equipment Storage 4,500 SF
:
a. Proposed addition to the existing building designated under Phase I is
approximately 25,000 SF.
b. Kitchen expansion during Phase I will include the present kitchen and the
utilization of the North Center Storage, South Center Storage and Beverage
Storage areas. Contractor to submit architectural design, and equipment
plans for the expanded kitchen using this denoted space.
c. Contracted will have use of the corridor east of kitchen for a "staging area."
d. Several offices to be included in Phase I addition. Specific use, i.e. food
services, of these offices has not been designated.
e. Phase I expansion areas are estimations and are dependent on City funding
and Contractor investment and are not binding to the Owner.
Additionally, mobile thematic food and beverage equipment will be utilized
throughout the Center as necessary and as required.
4.07 Coin -Operated Vending Services
1. If coin-operated vending is provided, product prices will be subject to approval by
the Owner. Sub -contracting will be permitted under the terms of this contract with
sub -contractor requirements as noted below. Proposals should be predicated on the
basis that the Proposer shall furnish and install vending equipment in locations
approved by the Owner, provided, however, that the Owner reserves the right to
increase or decrease, order the hours of operation of, or change the type of
equipment to be furnished:
• Canned Cold Drink Machines;
• Hot Drink Machines;
• Milk and Juice Machines;
• General Merchandise Machines (Cold);
• Candy Machines (except gum products);
• Snack Machines;
• Money Changers;
• No smoking related products shall be sold.
11
2. As part of the Vending Services that may be required, Contractor shall have the
responsibility to:
a. Prepare and supply machines with appropriate foods and beverages. The
general merchandise machine may with Owner approval, contain small
entrees of general food items, assorted sandwiches, milk and fresh fruit.
b. Supply appropriate condiments, utensils and napkins in any vending areas.
c. Maintain and clean vending machines.
d. Provide daily cleaning of vending counters and areas as needed to maintain
a clean sanitary area.
Each proposer must submit information on his company's catering
capabilities and background for points a. through d. as described above.
NOTE:
AQUI i'' MENT
5.01 The Owner will provide the equipment and fixtures as outlined in Appendix C of the
attached Agreement.
5.02 In addition to the required equipment use fee the contractor will provide smallwares and
equipment as specific in the attached agreement and as outlined in schedule I to said
agreement.
5.03 Contractor(s) will be required to provide the following basic financial obligations to this
contract:
1. A minimum of $250,000 in equipment use fee in new foodservice equipment and/or
capital improvements to facility.
2. Commission on gross food/beverage sales - as proposed here.in.
5.04 If the Contractor wishes to add equipment beyond that which is provided by the Owner,
any items purchased and installed by the Contractor shall be of a type and class approved
by the Owner and in sufficient quantities to provide proper service to the patrons of the
Center.
5.05 All Contractor purchased equipment and furnishing shall be new, of modem design, and of
first-class material and construction. The furnishings and equipment shall be of such
quality, design, and finish as will be in keeping, in the opinion of the Owner's management
with the general decor of the Center. All such expenditures by the Contractor must be
approved in writing by the Owner before purchase and installation.
5.06 Contractor understands that Owner will approve all cash and internal control systems and
the monitoring thereof before their implementation. Additionally, a periodic compliance
audit will be required under this Contract.
All proposal submissions are based upon an understanding and commitment to the above project
goals and objectives.
12
GENERAL
6.01 Submission of a Proposal shall constitute agreement by the Proposer to the terms
incorporated in this "Information to Proposers", which agreement, in the case of the
"Successful Proposer," shall remain in effect during the life of the Food and Beverage
Services Contract.
6.02 Proposers must submit with their proposals the required contractor's qualification statement
including a written statement attesting that the firm will provide all required services and
fees to the Owner if selected for this contract, as well as the Equal Opportunity Program
qualifying information with supporting documentation as required.
6.03 A bond, cash or a certified or cashier's check for Ten Thousand Dollars ($10,000) payable
to the Owner to guarantee the execution of the contract, shall be submitted with each
proposal. No proposal will be considered unless it is accompanied by the proposal
deposit. The certified or cashier's check will be returned to Contractor at such time as the
contract has been executed, planning for food and beverage services has taken place, and
normal operations are underway as determined by the Owner. In the event that the
successful proposer fails or refuses to sign the contract on the forms provided within the
time specified, the bond submitted as part of the proposal shall be forfeited. An irrevocable
letter of credit for all funds noted above, issued by a bank domiciled in the state of
Washington, will be viewed as an acceptable alternative to the above proposal deposit
(surety bond). Unsuccessful proposers will be notified and proposal deposits returned
within 30 days of the notice of contract execution with the successful proposer.
6.04 The proposal documents herein include the Instructions to Proposers, sample forms and
other Contract Documents including General and Supplementary Conditions, Food Service
Drawings and Equipment Lists.
Each Proposer must certify under penalties of perjury that its proposal is in all respects
bona fide, fair and made without collusion or fraud with any other person.
It shall be the responsibility of proposers to thoroughly familiarize themselves with the
provisions of these specifications and the facilities of the present Center and the expansion
program. The Owner is not required to give consideration to any claim of
misunderstanding.
6.05 The Owner reserves the right to reject any and all proposals and to waive any irregularities
or informality with respect to any proposal.
6.06 No proposal will be accepted from, or contract awarded to, any person, firm or corporation
that is in arrears or in default to any government entity for delinquent taxes or assessments
or any debt or contract whether as defaulter or bondsman.
6.07 The contract with the successful Contractor will be drawn by the Owner's legal counsel and
may contain such other provisions as are deemed necessary to protect the Owner's interests
therein.
6.08 The Contractor agrees to abide by the rules and regulations as prescribed herein and as
prescribed by the Owner as the same now exists or may hereafter from time to time be
changed in writing.
13
6.09 The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, age disability, marital status, or national origin. The
Contractor will take affirmative action to ensure that miinority and/or women applicants and
that employees are treated during employment, without regard to their race, color, religion,
sex, age or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the Owner
setting forth the provisions of this nondiscrimination clause. The Contractor wild, in all
solicitations or advertisements for employees placed by or on behalf of the Contractor, state
that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, age or national origin.
In connection with the performance of work under this contract, the Contractor shall
undertake in good faith, affirmative action measures designed to eliminate any
discriminatory ban-iers in the terms and conditions of employment on the grounds of race,
color, religious creed, national origin, age or sex, and to eliminate arid remedy any effects
of such discrimination in the past. Such affirmative action shall entail positive and
aggressive measures to ensure equal opportunity in the areas of hiring, upgrading,
demotion or transfer, recruitment, layoff or termination, rate of compensation, and
inservice or apprenticeship training programs. This affirmative action shall include all
action required to guarantee equal employment opportunity for all persons, regardless of
race, color, religion, sex, age, disability, marital status., or national origin.
6.10 Should any question arise as to the proper interpretation of the terns and conditions of
these specifications, the decisions of the duly designated representative of the Owne.r shall
be final.
INTERPRETATION OF DOC'UMENS
7.n All questiions during the Proposal period and all questions arising out of the pre -proposal
conference that require further written interpretation, will be in the form of written
Addendum(s) duly issued and a copy of such Addendum(s) will be mailed and delivered or
faxed to each person receiving a set of proposal documents. No verbal rulings or
interpretations will be held binding upon the Owner. Addendum or Addenda so issued will
become part of the proposal documents and receipt thereof by the proposer shall be
acknowledged in the Proposal Form.
No change will be made to proposal documents by written Addendum during the four (4)
full working days immediately preceding the established time for receipt of proposals.
WITHDRAWING OF PROPOSAL
8.0 At any tirne prior to the hour and date set for the opening of proposals, a proposer may
withdraw his proposal, however, this will not preclude the submission of another proposal
by such proposer prior to the hour and date set for the opening of bids.
14
SCHEDULE OF PROTECT
9.0 The following is the anticipated ch the Owneor. this project. This may be altered in writing to
all proposers at the discretion
ESTIMATED PROTECT COMPLETION SCHEDULE -
FOOD SERVICE OPERATOR SELECTION
ELEMENT COMPLETED _EY
Release of RFP March 1, 1996
Mandatory pre -proposal meeting with proposers March 15, 1996
Proposals due April 5, 1996
Review of proposals and short list determined April 19, 1996
May 3, 1996
May 13, 1996
May 17, 1996
Short list presentations
Review and selection of operator(s)
Negotiation/letter of intent to contract
15
SCHEDULE "A"
PROPOSAL NO. 19601
THE YA:KIMIA CONVENTION CENTER
CONCESSIONS DINING FOOD AND BEVERAGE FACILITIES
FOOD AND BEVERAGE SERVICES PROPOSAL
WE
Having examined the Food and Beverage Services Contract, do hereby offer and agree to furnish
the food and beverage services described in Schedules "A" through "G" inclusive at the prices
stated therein.
has received, reviewed, and
agrees to Addenda (s) , — , and
If successful, Agrees to sign THE
ATTACHED Food and Beverage Services Contract in its present foram.
Submitted by:
Address:
(Company Name)
(Authorized Agent or Officer)
(Authorized Agent or Officer)
16
SECRETARY'S CERTIFICATE
(Applicable to all Corporations)
being the secretary of
I,
, hereby certify that
the proposal submitted, has been authorized by the board of directors of said corporation, and that
the above signatures are those of the duly authorized agents and/or officers of same_,__
1996
(CORPORATE SEAL)
Subscribed and sworn to me this1996
day of
Notary Public in and for the State of
Washington, residing at
My commission expires
A 1'1hST:
Karen S. Roberts, City Clerk
17
Secretary
SPECIAL INSTRUCTIONS TO CORPORATE PROPOSERS
A. Corporate Resolution
All corporate proposals shall include a duly executed resolution of the Board of Directors,
either approving the particular proposal being submitted, or specifically authorizing and
empowering a designated agent of said corporation to bind the corporation in all matters
involving, related to, or incidental to the submission of a proposal hereunder and, if
accepted by the Owner, the corporation's full performance under the terms of the Food and
Beverage Services Contract.
B.
namginga, hiLi_gwnIc===1
Although the Owner does not require foreign corporate proposers to qualify in the City of
Yakima and the State of Washington prior to submitting a propoact it is specifically
understood and agreed that any such corporation will promptly take all necessary measures
to become authorized to conduct business in Washington, at their own expense, upon the
written request of the Owner without regard to whether such corporation is actually
awarded the contract, and, in the event that the award is made, prior to conducting any
business in the State.
18
SCHEDULE "B"
CONTRACT FOR THE FOOD AND BEVERAGE SERVICES
AT THE YAAKIMA WANVENTION SHING ON CENTER
BUSINESS QUESTIONNAIRE
INSTRUCTIONS:
they competent and have the necessary facilities,
Proposer must present evidence that are fully
experience and financial resources tom or�mation on these points, proposethe conditions of the Food rs must submit, as part
ervices
Contract. To provide the Owner with
of their proposals, information stipulatedin his questionnaire. herewhich maddition,
dditi nmet in�certain
minimum
financial and experience requirements requirements shall be
proposal to be considered. Proposers unable to satisfy the minimum req
disqualified.
Failure to submit this Business Questionnaire with all questions completely answered may
disqualify the proposer, in accordanceti1essnQuestionnaire will ditions be held confidential.
lated in the tractions to
Proposers."The information in
Minimum Financial and Experience Requirements:
The proposer submitting this proposal warrants that said proposer has the following qualifications:
partnership or corporation or its parent company making application
1. That the principal firm, p P
has been in continuous existence for a period of the past five (5) years, or more.
2. That the principal proposer or its parent company has, for at least the past five (5)
consecutive years, operated a catering and/or food or beverage concession, as a major
concessionaire or caterer, or both, in one or more es
undred Thousand Dollars ($300,000.00) or centers,n more per year ior similar n at
with gross sales of Three H
least one (1) location.
3. That the principal proposer or its parent company can satisfy all requirements as noted
under proposer's Oualifications in the Instructions to Proposers Section of this package.
Additional information should be attached to this Business Questionnaire as Addendum
information.
19
INFORMATION TO BE FURNISHED WITH PROPOSAL:
PLEASE PRINT OR TYPE IN BLANK SPACES
Date Submitted:
Submitted by:
Proposer is: (a)
If proposer is an
individual, fill
in Para. (a) only.
(Full Name)
(Street, City and Zip)
and is sole owner of, and doing business as:
(Trade Name)
OR (b) A commercial partnership composed of the following partners:
If proposer is a
partnership, fill
in Para. (b) only.
(Give Names and Address of all Proposers)
doing business as:
(Trade Name)
domiciled at:
In the state of:
(Street, City and Zip)
20
and which contract will be signed by:
(Name of Partner) (Title)
A member of the co -partnership.
Additionally, please submit a copy of the partnership agreement and
a partnership certification evidencing the existence of the partnership
and the authority and incumbency of the person signing on behalf of
the partnership.
OR (c) A corporation organized under the laws of the state of
, domiciled
if bidder is a
corporation fill
in Para (c) only.
at
(Street, City and Zip)
and authorized to do business in the state of Washington and which
Contract will be signed by:
(Name of Officer) (Title)
Officer who signs contract for successful bidder must furnish
Notary with an extract of minutes of corporation's Board of
Directors showing his authority to act for the corporation.
Additionally, the corporation should submit an officer's certificate
containing a copy of the current minutes of the corporation
authorizing the corporation and the individual officer to act and
stating the incumbency of the acting officer.
3. The following named surety company authorized to do and doing business in the state of
Washington, will execute the bond as surety for the proposer:
(Name and Address of Surety)
The following named bank domiciled in the state of Washington will furnish an irrevocable
letter of credit in lieu of surety bond:
(Name and Address of Surety)
21
4. Number of years experience of the proposer making this proposal in the operationof the
required concessions:
TYPE OF OPERATION
First Class Fixed and Mobile Concessions/Lounges
Exhibition Hall
Meeting Room/Specialty Dining Facilities
Catering/Banquet Facilities
YEARS OF EXPERIEE_NCE,
5. Give the names and locations of places at which your organization has operated above
mentioned businesses, together with the dates of operation (attach additional pages as
necessary):
Type of
Operation:
Name:
kQcation:
6. State approximately the largest gross receipts your organization has realized from the
operation of the aforesaid facilities at any one place in one (1) year
(Yeas)
(Location)
7. List below the names and addresses of your landlords for the operations listed in Item 5
above:
Operation
Landlord Address
22
8. Have any leases for the operation of convention centers, restaurants/cafeterias, cocktail
lounges, auditoriums, exhibition halls, etc., held by your organization ever been canceled?
Yes ( ) No ( ). If yes, explain in detail these circumstances on separate sheets of paper.
9. Bank References:
Bank: Address:
10. Annual financial statements for each proposer (each joint venture partner) for the most
recent fiscal year period, certified by an independent certified public accountant, must be
furnished. Please complete the following balance sheet, which need not be audited. The
date thereof shall not be more than twelve (12) months prior to the date of this
questionnaire. Your own format may be substituted on a separate sheet, if you wish to do
so. A proposer may submit its balance sheet in another format so long as the submitted
balance sheet contains the information requested in the following balance sheet.
11. Provide on separate sheets of paper all capitalized costs that will be expensed in detail by
description, amortization method and term or life of the amortization.
12. Proposers should list in narrative form their community activities relative to other similar
projects where they provided mentorships, internships, etc. to all sectors of the
community.
13. Proposers must submit a detailed design and equipment use plan for the foodservice
facilities at the Center. This plan must be in accordance with the drawings and time lines of
the Architect and Owner. Estimated remodeling and foodservice equipment costs must be
included in the plan. Additionally, proposers must outline alternate operating procedures to
be utilized throughout the construction and expansion phase in order to provide food and
beverage service to me Center's Owners.
23
Name:
BALANCE SHEEI
Date: As of , 19
ASSETS
a) Cash and Short-term Securities:
b) Accounts Receivable:
c) Notes Receivable:
d) Inventory at lower cost of market:
e) Current assets other than cash and
receivables, such as stocks, bonds
and other securities:
f) Real Estate, owned and registered in
the name of the applicant:
g) Equipment, Depreciated value:
h) Other Assets:
Total Assets:
24
LIABILITIES
a) Notes Payable - Current Portion $
b) Accounts Payable $
c) Real Estate Encumbrances $
d) Judgments $
e) Other Liabilities:
TOTAL LIABILITIES $
f) Capital Stock $
g) Retained Earnings/Owner's Equity $
TOTAL LIABILITIES AND EQUITY $
Proposer:
By:
Title:
25
Proposal of:• _
Date: _
TO: The City of Yakima
("The Owner")
SCHEDULE "C"
PROPOSAL FORM
The undersigned hereby offers to enter into the Food and Beverage Services Contract at The
Yakima Convention Center, Yakima, Washington, for all areas serviced with food and beverage,
under the terms and conditions set forth in said contract, in this Proposal Form and in the
Instructions to Proposers, for a term of ten (10) years commencing on or about January 8, 1997
and to pay to the ()caner the license charges calculated in accordance with the Food and Beverage
Services Contract, and this Proposal Form in the amounts noted on Table One attached.
The undersigned proposer takes cognizance of the fact that certain minimum license charges for
specified sales and services, as a percentage of gross receipts, are set out and agreed upon in Table
One, Column 2.
26
TABLE ONE
THE YAKIMA CONVENTION CENTER
tD BEVERAGE SERVICES CONTRACT OPTIONS
COMMISSIONSv
MINIMUM
ACCEPTABLE
PROPOSED
PROPOSED
PROPOSED
Food Se vl lift d... Non-Alcohol
00**.:440* -= i.:
mtm :: 9ZE::
f1Mi0.0181i__"
Catered Affairs
Concessions Stands -
Fixed/Mobile
Offsite Catered Events
16% of gross food
sales
17% of gross food
sales
12% of gross food
sales
_% of gross
food sales
_% of gross
food sales
_% of gross
food sales
_% of gross
food sales
_% of gross
food sales
_% of gross
food sales
_% of gross
food sales
_% of gross
food sales
_% of gross
food sales
Alcoholic Beverage :ServieeS...........::.....::.:::::.:
:;.
Catered Events
Concessions Stands -
Fixed/Mobile
Offsite Catered Events
20% of gross bev
sales
20% of gross bev
sales
12% of gross food
sales
_.% of gross
bev sales
_% of gross
bev sales
_% of gross
food sales
_% of gross
bev sales
_% of gross
bev sales
_% of gross
food sales
_% of gross bev
sales
_% of gross bev
sales
_% of gross
food sales
Coin Operated Vending
20% of
commissions
_% of
commissions
_% of
commissions
_% of
commissions
Third Party Sales
20% of
commissions
_% of
commissions
_% of
commissions
_% of
commissions
NOTE:_ Contractor to :provide caner' en010yee:.: tx c
receipts for those:areat.are not stibject:aa:i iA.Ernlssio
::and : hevvra c ::sear
s;::..;....:.....,..::..
tces ::at.; < s p1 :Q
,...,.,:..F.....;:...:":::::::`;;;::.....:
Equipment Use Fee
(Estimate)
$250,000
$
Note: Proposed commissions for years 1-3 should be greater than or equal to the minimum
acceptable base commissions. Proposed commission for years 4-7 and 8-10 should follow
a step-up incremental approach based on the proposed commissions years 1-3.
27
The terms and conditions of this proposal are agreed to on this
BY:
SIGNATURE:
. TITTLE:
COMPANY:
ADDRESS:
DATE:
PHONE:
FAX:
(CORPORATE SEAL)
day of the year 1996.
Typed Name (Officer)
28
SCHEDULE "D"
MENU DETAILS - FOOD AND BEVERAGE FUNCTIONS AND FACILITIES
1. Proposers should present detailed menu and pricing information for all products proposed
to be offered at The Yakima Convention Center. Please include location or locations where
items will be sold. Provide a listing in column form with location, menu item, selling
price, portion size and product cost information.
2. Mobile Food and Beverage Concessions
The locations of these facilities will require a very high quality service to be maintained.
Please detail your plans in this area keeping in mind the requirement that popular selections
should be stressed in all cases.
.Area•;
Selling;
Price
3. Fixed Food and Beverage Concessions
Refer to requirement section in No. 1 above.
4. Catered Menus for Banquets and Meeting Room Meal Functions
Refer to requirement section in No. 1 above.
5. Cocktail Reception Menu
Proposers to quote prices for 100 pieces, 100 persons or specific amount, as noted - refer
to requirement section in No. 1 above.
6. Liquor Functions
Proposer to quote prices per person and per name brand bottle based upon inclusion of
mixes, liquor, domestic and imported beer and wine plus bartender charge, with the
following criteria:
• Length of Party and
Bar only, and
• With assorted hot/cold hors d'oeuvres
• Well, call and premium brands
7. Meeting/Special Function Beverage/Snack Service
Same requirements as No. 1
8. Catering and Banquet Services
Proposer to list and quote prices on five (5) each sample pre -plated breakfasts, luncheons,
dinners and reception menus.
29
PRICING jAnQN,
1. Prices for catered food and/or beverage, banquet, meeting room, reception or liquor
functions are to be quoted "banquet style", that is to include all costs of menu, preparation,
warewashing and supervision.
2. For sections 1-8 on Schedule D, proposers will supply detailed information on a sample
daily or sel menu for all products noted. If daily functions include more than one (1) meal,
i.e., breakfast, lunch and dinner. then one sample _menu for each meal taken during a
sample day, should be provided.
Information required on sample day menus should include:
• Recipe and itemized costing sheets for all items offered on that day's menus;
• Recipes for all items will include, but not be limited to a total per -portion cost, a
per -portion cost plus 10% figure and the date of costing using the most recent
Yakima area cost figures;
• Recipe costing should reflect the Center's purchasing requirements and volume
discounting as stated in the applicable sections of the Food and Beverage Services
Contract; and
• Based upon the types and styles of food and beverage service required, estimate
your potential revenues, operating costs and profit margins for Years 1 through 7
on separate sheets of paper and include as proposal attachments for evaluation.
This Profit and Loss Statement must be detailed in every regard and should follow
the standard format as approved and used by the National Restaurant Association
under the Uniform System of Accounts for Restaurants. Accordingly, the
following format should be utilized:
SALES
Food Service and Non-Alcoholicic Beverages
Concessions Operations - Fixed and Mobile
Catered Affairs - ]Banquets and Meetings
Alcoholic Beverage Services
Concession Operations - Fixed and Mobile
Catered Events - Banquets and Meetings
Coin rated Vendin
Vending Machines
Third Party Sales
Concessions
Other Sales
(List)
TOTAL FOOD, BEVERAGE
AND VENDING SALES
30
Amount J
COST OF SALES % Amount (S)
Food Service and Non -Alcoholic Beverages
Concessions Operations - Fixed and Mobile
Catered Affairs - Banquets and Meetings
Alcoholic Beverage Services
Concessions Operations - Fixed and Mobile
Catered Events - Banquets and Meetings
Coin Operated Vending
Vending Machines
Third Party Sales
Concessions
Other Costs
(List)
TOTAL FOOD, BEVERAGE AND
VENDING COST OF SALES
TOTAL GROSS PROFIT
TOTAL INCOME
CONTROLLABLE EXPENSES
Payroll
Employee Benefits
Employee Meals
Direct Operating Expenses
• Replacement
• Insurances
• Extermination
• Janitorial and Paper
• Laundry and Uniforms
• Telephone and Office
• Ice
• Miscellaneous (list)
Music and Entertainment
Advertising and Sales Promotion
Utilities
Administrative and General
Repairs and Maintenance
Miscellaneous Expenses
TOTAL CONTROLLABLE EXPENSES
PROFIT BEFORE RENT
31
Amount ($)
RENT OR OCCUPATION COSTS
PROFIT BEFORE DEPRECIATION
DEPRECIATION (Equipment Use
Fee and any other minor
pieces of equipment
Contractor may provide)
OPERATING PROFIT
Additions to or Deductions from Profit
NET PROFIT
32
SCHEDULE "E"
ADDITIONAL INFORMATION
Proposer to provide details of other compensation arrangements which it would like to be
considered.
33
SCHEDULE "F"
COMMENTS ON FOOD AND BEVERAGE SERVICES CONTRACT
The Owner will be pleased to consider any suggestions Proposer feels might result in a greater
volume of sales, more efficient operations, etc., from production, facilities mix and flow of
goods/service standpoints.
34
SCHEDULE 'G'
SAMPLE FOOD AND BEVERAGE SERVICES CONTRACT
for:
PROPOSAL NO. 19601
YAKIMA CONVENTION CENTER
YAKIMA, WASHINGTON
35
YAKIMA CONVENTION CENTER
CONCESSION AND CATERING CONTRACT
THIS CONTRACT is made and executed by and between the CITY OF YAKIMA, a
municipal corporation (hereinafter the "Owner"), and — (hereinafter the
"Contractor').
WHEREAS, the Owner desires food and beverage catering, concession, and vending
services and sales at the Yakima Convention Center;
WHEREAS, neither the Owner nor the Yakima Valley Visitors and Convention Bureau
(hereafter the "Bureau") has the staffing levels or the specialized expertise necessary to provide
said services and sales;
WHEREAS, the Contractor has the experience, expertise, and personnel necessary and is
willing to perform said services and sales in accordance with the terms and conditions of this
Contract;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
set forth herein, it is agreed by and between the Owner and the Contractor as follows:
1. Purpose.
The Owner owns the Yakima Convention Center (hereafter the "Center"), a 30,000 square
foot convention building located on a site at East Yakima .Avenue and North Eighth Street, within
the City of Yakima, Yakima County, Washington. The complex currently consists of a conference
and exhibit hall with an approximate total area of 14,500 square feet which may be divided into
four different rooms. The hall has the capacity to assemble 1,400 occupants, seated, and provide a
banquet for 1,000 people. In addition, the foyer has a total area of approximately 3,5110 square
feet.
The Center is managed by the Bureau through a management services contract with the
Owner. The Bureau operates the Center through a manager (hereinafter the "Center Manager"). In
that connection and in coordination with the Center Manager, the Contractor shall provide food and
beverage catering, concessions, and vending services and sales at the Center in the most efficient
and convenient manner possible and in accordance with the terms, covenants, and conditiions of
this Contract.
2. Term And Option To Extend.
The term of this Contract shall commence on January 8, 1997 or the date the Contractor
begins to provide the services required hereunder, whichever event occurs first, and terminate ten
(10) years thereafter: provided, however, that the Owner has the option, in its sole discretion, to
extend this Contract for one (1) additional tem, of five (5) years by providing the Contractor with
sixty (60) calendar days written notice of the intent to exercise its extension option. The extension
term, if exercised, shall be on the same terms, covenants, and conditions as provided in this
Contract unless the parties mutually agree in writing to different terms, covenants, and conditions.
36
3 . Incorporation Of Contractor's Proposal.
The Contractor's Proposal, including all of Contractor's representations, conditions and
obligations, dated and submitted to the Owner on in order to obtain
award of this Contract, is incorporated herein by this reference. A copy of said Proposal is
attached hereto as Exhibit "A".
4. Guaranteed Minimums And Commissions.
a. In consideration for the exclusive rights granted hereunder by the Owner, the
Contractor agrees to pay to the Owner an annual guaranteed minimum sum of Ninety -Six
Thousand Dollars ($96,000.00) per contract year, or an annual commission calculated in
accordance with attached and incorporated Schedule 4 based upon the total gross revenue derived
each year from its catering, concession, and vending services and sales under this Contract,
whichever is greater.
b. The annual minimum or commission payments shall be made to the Owner on a
monthly basis. Specifically, the Contractor shall pay the Owner a monthly minimum of eight
thousand dollars ($8,000.00), or commissions calculated in accordance with Schedule 4 based
upon the total gross revenue derived for the respective month, whichever is greater. The first
minimum or guaranteed payment is due and payable on the tenth day of the month following the
month in which this Contract is executed, with all subsequent payments to be made on or before
the tenth day of each month thereafter during the Contract term.
c. The annual minimum or annual commission due under this Contract shall be treated
by the Contractor and the Owner as an isolated event and a separate charge for accounting
purposes. No previous payment or credit from any prior or past year shall be credited or
subtracted from the annual minimum or annual commission.
d. The Contractor shall provide the Owner with a written sales summary for each
Center activity, event, function, or off-site catered event, within forty-eight (48) hours of the
completion of such. The sales summary shall include a sales breakdown by location and type of
sale (i.e., concession, catering, etc.), total inventory sales, a copy of the register tape, and cash
overages or shortages. Bank deposit tickets shall be attached to all daily reports and funds shall be
deposited in a commercial bank account at a commercial bank located in the City of Yakima and
approved by the Owner.
5. Equipment Use Fee.
In consideration for the use of the Center and corresponding food and beverage service
equipment, the Contractor shall pay the Owner an equipment use fee in the amount of
in accordance with attached and incorporated Schedule 4. Said equipment use fee
is in addition to the required annual minimum and annual commission described in Section 4 of this
Contract. The equipment use fee is due and payable to the Owner at the time of execution of this
Contract. The Contractor is granted full depreciation rights for said equipment use fee over a
period of one hundred and twenty (120) months or until early termination of this Contract,
whichever occurs first, using the straight line depreciation method.
6. Accounting.
a. The term "gross revenue" means the total of all revenue (cash, credit, or otherwise),
less all applicable sales tax, received by the Contractor, from whatever source, for both on-site and
off-site catering, concession, and vending services and sales pursuant to this Contract.
37
b. Contractor shall, with respect to all business done, transaction engaged in, and
revenues received pursuant to this Contract, keep and maintain at the Center true and aa:urate
account records, books, ledgers, and data in accordance with generally accepted accounting
principles and procedures acceptable to the Owner. Said accounting records shall be maintained on
contractual year basis during the term of this Contract. A contractual year shall be three hundred
and sixty-five (365) days measured from the commencement date of this Contract.
c. The Owner shall have the right, at all reasonable times, to inspect said records,
books, ledgers, data, and all other necessary documents of the Contractor during the term of this
Contract and such time thereafter as may be necessary for the Owner to verify amounts due to it
under the terms of this Contract.
d. The Owner, in its discretion, may request in writing special accounting reports
regarding any financial aspect of the Contractor's operation under this Contract. Contractor shall
provide Owner with the special accounting report within fifteen (15) calendar days of receipt of
Owner's request.
e. The Contractor shall annually furnish to the Owner a certified audit from a certified
public accountant within ninety (90) days after the close of the contractual year. Said audit must
accurately show all business done and all revenues received pursuant to this Contract. ]f the
Owner is not satisfied with said audit, the Owner may, with auditors selected by the Owner,
conduct a full audit of said records, books, ledgers, data, and other necessary documents. Should
the Owner's audit uncover any payment deficiencies due to the Owner in excess of one percent
(1%), the amount of the payment deficiencies and the cost of the audit shall be immediately due and
payable to the Owner by the Contractor and shall not be expensed as a controllable expense by the
Contractor.
f. The Contractor shall submit to the Owner a monthly profit and loss statement in the
format of attached and incorporated Schedule 3 within ten (10) days after the conclusion of each
month.
g. Th.e Contractor shall provide the Owner an annual explanation of the income and
expense reporting procedures and controls utilized byits accounting personnel within : aet6� (90)
P P g 8 Pc"a�w�" ��-��
days after the close of the contractual year.
h . Thirty (30) days prior to the commencement of each contractual year during the .
term of this Contract, the Contractor shall submit to the Owner for review and approval an annual
budget covering all services to be provided pursuant to this Contract. The budget shall detail
revenue derivation, food cost, and labor cost.
7. Authority.
The Owner shall, through its designated officer, manager or agent, be the final authority
with regard to all aspects of the control, management and performance of the catering, concession,
and vending services and sales, and other operations required hereunder and all requests,
procedures, approvals, or changes shall be submitted through the Owner. Liaison between the
Owner and the Contractor will generally be through the Center Manager or his/her designee.
8. Exclusive Catering. Concession And Vending Rights.
a. Except as limited herein, the Contractor shall have the exclusive right to provide
food and beverage (alcoholic and non-alcoholic) catering, concession, and vending sales and
services at the Center and operation of certain. areas of the Center designated by the Owner (i.e.,
the Center kitchen, storage space, bars, and fixed and mobile concession stands).
38
b. The exclusive catering, concession, and vending rights granted herein do not
include the sale of non-food and non -beverage commodities, products, and/or articles, including
but not limited to phonograph records, film, flash bulbs, aspirin, postcards, magazines, programs,
souvenir books, or other printed matter of a like nature and copyright novelties. However, the
Owner, at its discretion, may require the Contractor to sell such items, or may negotiate and enter
into a separate concession contract for the sale of such items with the Contractor or any other
person or entity.
c. The exclusive catering, concession, and vending rights granted herein do not
include the right to sell advertising and sponsorship packages at the Center. The Owner reserves
the right to sell advertising and sponsorship packages at the Center.
d. The exclusive concession, catering, and vending rights granted herein shall not be
construed to prohibit a Center licensee or tenant from exhibiting any commodity, product,
merchandise, and/or article in connection with an exhibit, trade show, or other type of event, or
from dispensing free samples of food and/or beverages as provided in Section 20 of this Contract.
e. The Contractor represents, warrants, and agrees that it shall not conduct any
catering services and sales in Yakima County, Washington, except under and pursuant to this
Contract.
f. This Contract does not grant any sale of lease rights to the Contractor.
9. Food And Beverage Services.
a. The Contractor shall organize, put into service, and manage efficiently food and
beverage catering, concession, and vending services and sales for the following existing Center
rooms, facilities, and areas:
Room A - 1,575 SF
• Room B - 1,575 SF
• Room C - 5,580 SF
• Room D - 5,850 SF
• East Lobby - 3,540 SF
• Conference Room - 558 SF
• Snack Bar - 138 SF
• Kitchen - 1,420 SF
The Contractor is aware that the Center is undergoing a Phase I expansion program
(dependent on available budget funding) and agrees to modify present operations, if necessary, and
utilize alternate operating procedures in order to provide food and beverage service to the guests of
the Center. The Owner will notify Contractor when facilities are affected by Phase I expansion
program and when expanded facilities are available for operation.
b. Upon completion of the Phase I expansion program, the Contractor shall organize,
put into service, and manage efficiently food and beverage catering, concession, and vending
services and sales for the following Center rooms, facilities, and areas:
Room A - 1,575 SF
• Room B - 1,575 SF
• Room C - 5,520 SF
• Room D - 5,845 SF
• Room E - 5,810 SF
39
• Room F - 1, 040 SF
• Room G - 1,040 SF
• Room H - 1,040 SF
O East Lobby - 8,000 SF
• Snack Bar - 138 SF
• Kitchen - 1,420 SF
• South Center Storage - 688 SF
North Center Storage - 363 SF
O Beverage Storage - 145 SF
• Equipment Storage - 4,500 SF
c. The following items should be noted regarding the Phase I expansion:
• Proposed addition to the existing Center building designated under Phase I
is approximately 25,000 SF.
9 Kitchen expansion during Phase I will include present kitchen and the
utilization of the North Center Storage, South Center Storage, and Beverage
Storage areas.. Contractor will submit architectural, design, and equipment
plans for the expanded kitchen using this denoted space.
Contractor will have use of the corridor east of Center kitchen for a "staging
area."
Several offices will be. included in the Phase I addition. Specific use of
these offices has not been designated.
Phase I expansion areas are merely estimations and are dependent on Owner
funding and Contractor investment. Said estimations are not binding upon
the Owner under this Contract.
d . Contractor understands that upon completion of Phase I, the Owner may undertake
a Phase II expansion project at the Center. Prior to commencement of Phase II, the Owner will
notify Contractor of expansion plans, construction, time Line, arid impact to Contractor operations.
10. Other Services.
a. Specialized_Services. In addition to the normal concession, catering, and vending
functions the Contractor will provide hereunder, the Contractor is required to provide specialized
services normally associated with convention/trade show activities, events, and functions. These
specialized services include, but are not limited to,,, the following:
• Mobile thematic concession facilities service.
U Special and pre -function style fool and beverage facility services.
• Main Kitchen storage/prepa.ration.
• Brand name food and beverage facilities.Staff food and beverage services.
Special meeting and banquet catering services.
Water and tablecloth service.
Room Service.
Exhibitor food/beverage services.
E rs l S The be called upon by the Owner to provide
b. �,�onre erw�ces. The Contractormay
personnel for special purposes such as bartending, waiter/waitress, hostihostess, or other services
or Center activities, events, or functions. These special personnel services are not to be confused
with the normal personnel required by the Contractor to meet the Contractor's responsibilities to
provide service otherwise under this Contract.
40
c. Wardrobe Checking. The Contractor must be prepared to furnish wardrobe
checking with attendants at any event when so requested by the Owner. The Contractor at its own
expense will provide all clothing racks, hangers and related equipment over and above that
currently on hand, essential to the performance of the service. The Owner will designate areas to
be used for wardrobe checking. The Contractor will work in close coordination with the Center
Manager in determining approximate wardrobe checking needs and what equipment is necessary.
d. All special specialized services, personnel services, and wardrobe checking shall be
provided by the Contractor at no cost or expense to the Owner.
11. Vending Services And Sales.
Vending services and sales shall only be provided by the Contractor when such services
and sales are requested and required by the Owner. All vending machines used on the premises
shall be of modular front design acceptable to the Owner. Placement, contents, and suggested
prices of the contents of these machines is subject to prior approval of the Center Manager.
Vending of smoking products, gum, and/or gum type candy is strictly prohibited at the Center.
Commissions on vending sales shall be in accordance with Section 4 and attached and incorporated
Schedule 4.
12. Operating Co ditions.
a. The activities of the Contractor hereunder shall be such as to render service to the
public in a dignified manner and no pressure, coercion or persuasion shall be used by the
Contractor in an attempt to influence the public to use the food and beverage concession, catering,
and/or vending services of the Contractor. All such services and sales shall be conducted and
operated under the supervision of the Contractor, and shall in no way interfere with the orderly
operation of any Center activity or event. The Contractor shall conduct all such services and sales
at such times, locations, and for such purpose as approved or designated by the Center Manager.
The Contractor will not circulate throughout the Center premises for the sale of any commodity,
product, and/or article except with the permission of the Center Manager. The Contractor and its
employees shall not distribute campaign or political literature or any commercial solicitation
literature of any kind at any time in or on the premises of the Center.
b. The Center Manager shall give the Contractor advance notice of the nature of
scheduled Center activities, events, and functions and such information as is available regarding
the probable attendance at each such activity or event. Every reasonable effort will be made by the
Center Manager to notify the Contractor of the cancellation of a previously scheduled activity,
event, or function to which due notice has been given the Owner, but no liability shall evolve upon
the Center Manager or the Owner for failure to deliver such notice of cancellation. The Contractor,
on the other hand, shall be held accountable for furnishing full and adequate service, as determined
by the Owner, for the full period of time required for any Center activity, event., or function for
which the Center Manager has provided notice to the Contractor. Further, nothing contained
herein shall be interpreted to limit the Contractor from taking reasonable measures to obtain activity
or event information from the Center in a timely manner.
c. Location of all mobile concession stands and auxiliary storage space required by the
Contractor shall be subject to the approval of the Owner. The Contractor shall acquire no rights to
such locations once assigned, and the Owner reserves the right to require the Contractor to remove
mobile stands and equipment and to relocate items from any auxiliary storage spaces when the
Owner deems it necessary. The Contractor shall be responsible for all cost associated with and
furnishing all labor necessary to remove said mobile stands and equipment and to relocate items
from said auxiliary storage spaces.
41
d. The Center's food and beverage service/preparation facilities shall not be used by
Contractor for off-site food and/or beverage sales, services, and/or functions except for Center
licensees. Should the Contractor desire to utilize the Center's food and beverage
service/preparation facilities for an off-site food and/or beverage sale, service, and/or function not
for a Center licensee, the Contractor must first obtain written approval of the Center Manager at
least two working days before the intended sale, service, or function. All revenue received from
such sales and services is part of gross revenues and is commissionab:le in accordance with
attached and incorporated Schedule 4.
e. When and if a temporary food service area (i.e., mobile "special emphasis" food
service area) is in operation, food served must be cooked and prepared by the chef on the premises
of the Center, with the exception of baked goods and standard canned and packaged items.
Deviation from this requirement must be approved in advance by the Center Manager.
f. The Center Manager may reasonably restrict the Contractor's sale of food and
beverage commodities, products, and/or articles at the Center in order to protect goods,
merchandise, equipment that is on display during a Center activity, event, or function, or because
of the nature of a Center activity, event, or function.
g . The Owner reserves the right to direct the Contractor to partially or completely
suspend concession, catering, or vending services and sales during those Center activities, events,
or functions in which operation of such services may be incompatible in the opinion of the Owner
with such activities, events, or functions.
13. Right Of Entry_And U§e.
a. It is recognized that the Contractor has the right to use certain areas of the Center
necessary for catering, concession, and vending services and sales under this Contract, and that
Contractor shall have a reasonable right of necessary ingress and egress to those Center areas and
to those areas of the Center that are available for common use (i.e., entrances, stairways, hallways,
and lounges). The Owner shall have the right at any time to impose reasonable restrictions upon
the Center Contractor shall have no right
Contractor's right of ingress and egress to premises. The �..v.,........... _
of access to, and the Owner may, in its discretion, refuse access to, any other area of the Center
premises.
b. Nothing herein contained shall be held to limit or qualify the right of the Owner to
free and unobstructed use, occupation and control of the Center premises and ingress and egress
for itself, its tenants/licensees, and the public. Representatives of the Owner shall have the right to
enter upon and have access to all areas of the Center occupied by the Contractor at any time.
c. The Contractor shall ensure that deliveries of all food and beverage commodities,
products, and operational supplies, goods, wares, merchandise, and/or equipment shall be rnade at
the Center service entrance between 9 a.m. and 4 p.m., :Monday though Friday. The Owner, in its
discretion, may approve other delivery locations and times. The Contractor shall monitor the
movement of products in and out of all food service areas to avoid all conflicts with other Center
activities, events, or functions. The Contractor shall cover or otherwise protect all food, beverages
and food handling equipment being moved through public areas.
L Contractor need to ibe en the premises in
d. The parties understand and agree that has aG�., Gti .... ��., Y.,..�...�,,,
the evening and weekends and at other times when the Center premises are closed to the public. It
is understood and agreed that Contractor, during all such times, shall be responsible for securing
the premises against vandalism, theft and/or intrusion upon the premises by persons trespassing
thereupon, which responsibility shall include, but not be Iunited to, the locking of all outside
doors, securing all unnecessary lighting, and all other steps as may be necessary and reasonable to
42
protect the building when it is being used by the Contractor outside of Center's normal business
hours.
14. Personnel.
a. The Contractor shall select, employ, train, furnish and deploy employees who are
proficient, productive, and courteous to Center patrons. The Contractor shall also provide
adequately trained relief personnel in the event of absences by primary staff.
b. The Contractor shall furnish all necessary qualified supervision for the performance
of its catering, concession, and vending services and sales under this Contract and agrees to assign
this task to a highly competent, full-time resident manager who shall have no duties other than
direction of said operation at the Center. The Contractor shall secure the Owner's advance
approval of the person who will act as said manager and, once employed/assigned, said manager
will not be replaced without the approval of the Owner.
c. The Contractor's manager or his/her assistant manager shall be present and
available to the Owner during all operations of the Contractor under this Contract.
d. If at any time the Owner finds that the Contractor's manager or his/her assistant
manager is unsatisfactory, and such causes and reasons are duly reported in writing by the Owner
to the Contractor, the Contractor shall, within ten (10) calendar days, unless specifically extended
in writing by the Owner, replace him/her with a manager or assistant manager who is satisfactory
to the Owner.
e. In the event that Contractor's manager desires to leave his/her position managing
Contractor's operations under this Contract, said manager will provide the replacement manager
with all necessary and required training to manage Contractor's operation hereunder before leaving
his/her position.
f. The Contractor assumes full' responsibility for all actions of its personnel
performance and/or non-performance of services, obligations, and/or duties under this Contract,
and shall be solely responsible for their supervision, daily direction and control, payment of
wages/salary (including withholding and income taxes, unemployment insurance, workers'
compensation, and Social Security) and the like, as required by applicable federal, state, and/or
local laws.
g. All of Contractor's full time -employees that are engaged in the preparing, handling,
serving and storing of food and beverages for catering, concession, and vending services and sales
under this Contract must meet all applicable state, county, city, and local health district
requirements for such operations.
h. Prior to commencement of its operation at the Center, the Contractor shall furnish to
the Owner a written statement setting forth the names of all employees who will be performing
services under this Contract, the location in which they will work, the commencement date of the
employment at the Center of each such employee, and the duties to be performed by each such
employee. The Contractor shall also furnish to the Owner a monthly written statement setting forth
the names of persons ceasing to be employed by the Contractor at the Center.
i. The Contractor shall also provide the Owner with the following:
• The number of entry level employee hours to be devoted to formal training
for the staff at the Center during the first two (2) weeks of employment and
monthly/annually thereafter.
43
• A copy of the Contractor's Employee Handbook.
• A written description of recruiting techniques and sources of non-
management labor.
• A written description of personnel policies and practices.
j . Contractor's employees will not solicit or accept tips/gratuities at the Center;
provided, however, that Contractor's employees may accept, but not solicit, tips in any cash bar
environment.
15. Uniforms And Linens.
The Contractor will provide and maintain linens and uniforms for all of its employees.
Selection type, color, style and dress code of uniforms, including specialty uniforms designated to
fit the exact nature of the Center, shall be at the discretion and approval of the Owner. The
Contractor must provide a choice of uniform styles and availability at the Owner's request. The
Owner will provide the graphic standards to be followed in this design. The Owner will consider
the Contractor to be the sole contact- and responsible for the services it or its agents provide.
Additionally, the condition of the hygiene and appearance of Contractor's employees is the
Contractor's sole responsibility, notwithstanding the fact the Owner shall have the right to
comment on and, where necessary, cause Contractor to insure that all employees meet minimum
hygiene and appearance standards.
16. Menus,
a. The Contractor shall plan and prepare imaginative menus in consultation and
coordination with the Center Manager and in accordance with Owner's specifications. Quantities,
portions, and prices of all food items and beverages for catering, concession, and vending services
hereunder shall be subject to prior approval by the Owner. Only foods and beverages which are
wholesome and n f the best quality, in the opinion of the Owner, shall be purchased and served by
.�...,. .. 7
the Contractor.
b. Contractor, upon request of the Center Manager, shall prepare appropriate sample
menus for distribution to prospective users of the Center. All menus shall include the food and
beverages available, prices of such, and date of distribution. All menus shall be subject to the
approval of the Owner prior to distribution and shall be used by the Owner for sales and marketing
purposes.
c. Should the Contractor directly contract with a Center tenant for a meal function,
buffet and/or cocktail party or for providing any services in the Center, Contractor shall forward
within two (2) business days one (1) copy of the completed Contract to the Owner. Such Contract
shall list the various food and beverages to be served, the approximate number of people involved,
the services to be provided, the prices of the various services, the total charges to be collected for
the function by the Contractor and the Owner's commission expected from the transaction.
17. Procurement, irian+diing. And Savo Of ;~'oc Ar:d EeverageQ
a. Except as otherwise provided in this Contract, the Contractor shall sell those food
and beverage commodities, products and/or articles normally found in catering, concession, and
vending operations of this type. The Owner may require the Contractor to sell items which, in the
Owner's discretion, are necessary for the operation of the food service facilities at the Center and
may limit or require discontinuance of the sale of any products, commodities and/or articles which
44
the Owner deems are not in the best interest of the operation of the food and beverage service
facilities at the Center.
b. The Contractor will not sell food and beverage commodities, products, and/or
articles of inferior quality. All products, commodities, and/or articles to be sold by the Contractor
under this Contract must be approved in writing by the Owner. This requirement does not require
the Contractor to rely exclusively on one seller or manufacturer's item(s), but several
manufacturers or sellers may be used or the Contractor's original source may be changed in the
interest of quality, competition and public appeal, as required by the Owner.
c. The Contractor shall sell only food and beverage commodities, products, and/or
articles that comply with all applicable federal, state and local laws, acts, orders, -and/or
regulations.
d. The Contractor shall purchase, sell and feature locally produced (Central
Washington State) food and beverage commodities, products, and/or articles as long as said
wholesale prices are competitive with similar products available on the open market.
e. All food and beverage commodities, products, and/or articles kept for sale by the
Contractor under this Contract are subject to inspection and approval or rejection by the Owner at
any time during the term of this Contract. The Contractor shall immediately remove from the
Center all rejected food and beverage commodities, products, and/or articles and such shall not be
returned for sale by the Contractor under this Contract.
f. The Contractor shall purchase food and beverage commodities, products, articles,
and operating supplies (i.e., uniforms, laundry service, paper goods and detergents) from
whatever source or sources that will establish and effect procedures which assure the quality and
quantity required at the most economical prices, it being understood that the Contractor shall avail
itself of all lawful trade, cash, quantity discounts and rebates and all such discounts and rebates,
both local and national, shall inure to the benefit of the food and beverage concession, catering,
and vending sales and services hereunder. The Contractor shall adhere to the Minimum Purchase
Specification Requirements of the Center provided in attached and incorporated Schedule 5. All
such purchases shall be in the Contractor's name and payment shall be made directly to the
supplier.
g. All food and beverage commodities, products, and/or articles received by the
Contractor for use in performing its obligations under this Contract shall be inspected by the
Contractor upon delivery for quality and quantity compliance with its original order. The
Contractor shall store all such food and beverage items in proper areas in sanitary containers which
are dated for effective rotation of stock on a fust -in, first -out basis. The Contractor shall cover all
refreshments and food exhibited for sale in showcases or other suitable containers. The Contractor
shall wrap all pre-packaged sandwiches, cakes and other similar products in cellophane or similar
transparent wrapping appropriate to the food service industry.
h. As a matter of general policy, prices of food and beverage commodities, products,
and/or articles sold by the Contractor pursuant to this Contract shall not be higher than those
charged at comparable restaurants, bars, snack stand facilities, hotels, stadiums, convention
centers, arenas, etc., for the same quality merchandise and services within the non -urban market
Pacific Northwest Region of the United States of America. Prices must be posted in displays on
all stands and vendor's equipment. Within thirty (30) days after execution of this Contract, the
Contractor shall submit a proposal for lighted price signs to be provided by the Contractor for the
written approval of the Owner. The Owner shall be the sole and final judge for prices, sign
quality, size of letters and propriety of any such lighted price signs.
45
i. The Contractor shall submit a detailed price schedule to the Owner based on current
market conditions for any and all food and beverage commodities, products, and/or articles it
proposes to sell under this Contract. The price schedule shall include the size, weight, quantity
and price of each proposed food or beverage product, commodity, and/or article. The price
schedule and all prices shown thereon are subject to the approval of the Owner. The Owner and
the Contractor shall, on a quarterly basis, or as deemed necessary by the Owner or the Contractor,
review the price schedule of all products, commodities, and/or articles sold under this Contract.
Any changes in the price schedule are subject to the prior approval of the Owner.
if Contractor desires to sell any food and beverage commodity, product, and/or
11 the Contractor
article not included in the approved price schedule, the Contractor must first obtain the written
approval of the Owner to sell such item. If the Contractor desires to substitute a food or beverage
commodity, product, and/or article listed in the approved price schedule, the Contractor must first
obtain written approval of the Owner for such substitution.
k. Contractor shall Utili7P an electronic, computerized cash control system for its
catering, concession, and vending services and sales under this Contract. This system must track
food and beverage commodities, products, and/or articles from purchase order through actual sales
transactions for all catering, concession, and vending services and sales under this Contract,, Said
system is subject to approval by the Owner prior to its installation and use by the Contractor.
1. The sale of chewing gum, cigarettes, cigars, chewing tobacco, matches, and any
and all other tobacco related products by the Contractor under this Contract is strictly prohibited.
18. al f Alcoholic Beverages.
a. The Contractor shall obtain and maintain all federal, state, and local pezmiits and
licenses required for the sale, service, and consumption of intoxicating beverages, alcoholic
beverages, and/or any fermented ale, wine, liquor, or spirits under this Contract. The: costs
associated with the Contractor obtaining all] such ]licenses and permits shall be the sole
responsibility of the Contractor.
b. The types of concession and catering activities, events, functions at which wine,
beer, or other alcoholic beverages are sold by the Contractor under this Contract is subject to the
prior approval of the Owner and subject to any policies and procedures established by the Owner
regarding such activities, events, or functions. rIf any Center licensee, with the prior approval of
the Owner, requires that its patrons be allowed to bring alcoholic beverages upon the Center
premises, then the Contractor shall have the ex lusive right to sell ice, cups, and non-alcoholic
beverages, commonly referred to as set-ups, and; to levy corkage charge during such functions at a
price approved by the Owner.
c. The Contractor must provide at its own expense an alcohol awareness training
program for its employees (i.e., TIPS, TEAMS, etc.) and provide the Owner with complete
information regarding such program.
19. Advertising.
The Contractor shall not advertise in any manner other than as approved by the Owner.
The Contractor shall have no right to use the trademarks, symbols, trade name, or name of the
Owner or Center, directly or indirectly, in connection with any activity, event, function,
promotion, production, service, and/or publication without the prior consent of the Owner.
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20. Food And Beverage Samples.
a. Contractor understands and agrees that food and beverage commodities, products,
and/or articles may be germane to a Center activity, event, or function. As such, nothing in this
Contract shall be construed to prohibit a Center licensee/tenant from exhibiting any food and/or
beverage commodity, product, and/or article, or from dispensing free samples of food and
beverages, in connection with a Center activity, event, or function. The Center Manager shall
determine whether food and/or beverage samples are appropriate for a Center activity, event, or
function.
b. Food and beverage samples will normally be restricted to the following quantities:
• food sample -- 2 ounce portion
• beverage sample -- 4 ounces
Where it is appropriate for a Center activity, event, or function, the Center Manager may authorize
larger sample quantities.
21. Equipment And Smallwares.
a. The Owner will provide certain equipment to the Contractor for its use in
performing its obligations under this Contract. Said equipment is listed on attached and
incorporated Appendix C. The Contractor acknowledges that it has inspected said equipment prior
to execution of this Contract and that said equipment is in good condition and repair, and is
acceptable. The Contractor is responsible for maintaining said equipment in good condition and
repair. The Contractor shall, at its expense, repair or replace any of said equipment that is
damaged during its operations under this Contract. Said equipment shall not be removed from the
Center premises by the Contractor without the written approval of the Owner. At the termination
of this Contract, the Contractor shall return said equipment to the Owner in the same condition as
existed at the inception of this Contract, except for normal wear and tear, and will reimburse the
Owner for any of said equipment that is damaged or missing on the basis of replacement value.
b. The Owner shall furnish, up to the quantity owned by the Owner and available at
the Center, tables and chairs to tenants for catered and special events at the Center. All fee charges
for the use of the Owner's tables, chairs, and Center premises for catered events shall be retained
by the Owner. The Owner, at its option, may directly bill the tenant for said use fees or require the
Contractor to bill said use fees to the tenant and remit said fees to the Owner. Said use fees shall
not be included in the Contractor's gross revenues under this Contract.
c. The Contractor shall, at its expense, furnish all tables, chairs, smallwares, and
other items necessary for any and all off-site catered activities, events, or functions. All use fees
charged and received by the Contractor shall be included in Contractor's gross revenues under this
Contract.
d. The Contractor shall supply all smallwares necessary to accommodate 1,650 guests
during its operations under this Agreement. Said smallwares are listed in attached and incorporated
Schedule 1. The Contractor shall maintain its smallwares in good and presentable condition,
including ensuring that said smallwares are washed after each use to achieve maximum cleanliness
and sanitation. The Contractor's washing of glassware and cutlery must produce spotless drying.
Contractor shall perform, at its expense, a physical inventory of said smallwares on a quarterly
basis. Contractor shall provide the Owner with the results of each smallware inventory within five
(5) calendar days after the inventory is completed. The Contractor shall replace missing or
damaged smallwares within thirty (30) calendar days of the inventory. The smallware replacement
47
costs shall be deemed a controllable expense of the Contractor. Said smallwares are and shall
remain the property of the Contractor.
e. Except for the equipment listed on Appendix C and equipment obtained with the
equipment use fee specified in Section 5 of this Contract, the Contractor shallprovide any and all
other equipment necessary to conduct its operations and perform its obligations under this
Contract. The Contractor shall maintain, at its expense, such equipment in good condition and
repair. The Contractor shall, at its expense, repair or replace said equipment that is damaged
during its operation under this Contract. The Contractor shall be responsible for any damage to its
equipment during its operations under and/or term of this Contract. The Contractor shall provide
the Owner with an inventory of the equipment it shall use on the Center premises prior to the
commencement of its catering, concession, and vending services and sales at the Center. Said
inventory shall be updated and kept current by the Contractor and a copy of the updated inventory
shall be available to the Owner upon request.
22. Maintenanni
ce. Repair And Satation.
a. The Contractor shall maintain, at all times, the Center kitchen., storage areas: food
and beverage preparation/service areas (including the area within a twenty-five (25) foot radius of
all mobile and fixed concession stands), and all related equipment, fixtures, paraphernalia,
material, utensils and other items therein, in a clean, sanitary, and operable condition, and comply
with all applicable health and sanitation laws and regulations. The Contractor shall at all times
permit and facilitate inspection of its food and beverage service operation under this Contract by the
Owner, its representatives and by authorized public authorities.
b. The Contractor shall be responsible for and shall repair any and all damage to the
Center kitchen, storage areas, food and beverage preparation/service areas (including the area
within a twenty-five (25) foot radius of all mobile and fixed concession stands), other Center
areas, and all related equipment, fixtures, improvements, appurtenances, floors, walls, and other
property therein where said damage occurs during Contractor's use of the respective Center area.
At the termination of this Contract, the Contractor may remove its own equipment, but will be
responsible for leaving the Center premises in the same condition as existed at the inception of' this
Contract, reasonalble wear and tear excepted, and will reimburse the Bureau for damage to the
Center premises.
c. The Contractor shall follow and comply with the Sanitation Regulations and Job
Inspection requirements attached hereto and incorporated as Schedule 6. The Contractor shall
provide the Owner with a description of its approach to sanitation practices and a description of its
program used to train its employees in proper sanitation procedures.
d. The Contractor shall transport all waste materials, including grease, from the Center
kitchen, storage areas, and food and beverage preparation/service areas, including the area within a
twenty-five (25) foot radius of all fixed and mobile concession stands, to waste receptacles
provided by the Contractor at garbage pick-up areas, in a manner and by a route designated by the
Owner. Such removal shall be made during and after each Center activity, event, or function, and
all trash handling costs shall be borne by the Contractor.
e. The Contractor must not discharge any grease into the Center's drains and must
keep grease in containers for disposal by the Contractor, If the Contractor fails to comply with this
provision, any cost, charge or expense incurred in opening, cleaning and/or repairing drains for
such discharge will be paid by the Contractor.
48
f. Contractor expressly agrees to comply with all codes, ordinances, regulations and
laws regarding environmental health and safety matters, including the use and disposal of cleaning
agents and the like.
g. In the event that the Owner deems that the Contractor's sanitation services are
unsatisfactory, the Owner reserves the right to contract for or provide such sanitation services and
charge the Contractor for said sanitation services. This right is in addition to all other rights the
Owner may have under this Contract and the law as a result of Contractor's unsatisfactory
sanitation services.
23. Alterations And Modifications.
The Contractor shall obtain the written approval of the Owner prior to making any
alterations or modifications to or installation of equipment in the Center kitchen, storage areas, and
food and beverage preparation/service areas. All approved alterations and modifications shall be
constructed and completed in a competent and skillful manner. All approved and completed
alterations or modifications to said areas shall become a part of the Center premises and shall be the
property of the Owner.
24. Rodent Control.
The Contractor shall engage and supervise exterminators to control rodents and other
vermin and pests as is necessary, but at least on a monthly basis. Such extermination services
shall be supplied in all areas where food and beverage commodities, products, and/or articles are
prepared, stored, and/or dispensed by the Contractor in performing its obligations under this
Contract. Documentation of such services shall be retained and provided to the Owner.
25. Affirmative Action.
a. Contractor understands that all labor contractors who are issued permits to work
within the Center are required to make a concerted effort to employ a work force which is
representative of the minority population of the City of Yakima. To that end, the Contractor agrees
to meet with the Owner within fifteen (15) days after the award of the Contract and shall, within
ninety (90) days after said award, complete preparation of an affirmative action plan to achieve a
fully integrated work force, subject to approval by the Owner. Pertinent data regarding minority
populations within the City of Yakima shall be supplied by the Owner.
b. The Owner may terminate this Contract and any other contract for failure by
Contractor or other labor contractor to demonstrate, without good cause as determined by the
Owner, compliance with or substantial progress toward the goals set forth in the approved
affirmative action plan. Prior to any termination, the Owner shall give notice of noncompliance
and a sixty (60) day period thereafter within which to make progress toward compliance.
c. The Contractor will furnish all information and reports required by the Owner, and
will permit access to its books, records, and accounts by the Owner for purpose of investigation to
ascertain compliance with this section.
d. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to sex, race, color, religion, ancestry, or national origin.
e. The Contractor will send to each labor union or representative of workers within
which it has a collective bargaining Contract, a notice advising the labor union of the Contractor's
49
commitments under this section and shall post copies of the notice in conspicuous places available
to employees and applicants for employment. -
f. In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Contract, this Contract may be canceled, terminated or suspended.
g. The Contractor will include the provisions of paragraphs "a" through "d" in every
subcontract, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as the Owner
may direct as a means of enforcing such provisions; provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the Owner, the Contractor may request Owner to enter into such
litigation to protect the interests of the Owner.
26. Nondiscrimination.
During the performance of this Contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for
employment because of race, sex, creed, color, or national origin. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
b . The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to sex, race, color, religion, ancestry, or national origin.
c. The Contractor will send to each labor union or representative of workers with
Lich has a collective bargaining Contract or other contract. or understanding, a notice to be
which it
provided by the agency contracting officer, advising the labor union or workers' representative of
the Contractor's commitments under Section 202 or Executive Order No. 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
d . The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and order of the Secretary of
Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the
Center for purpose of investigation to ascertain compliance with such rules, regulations, and
orders.
f. In the event of the Contractor's noncompliance with the nondiscrimination clause of
this Contract or with any of such rules, regulations or orders, this Contact may be canceled,
whole or Ln and the Contractor be declared ineligible for
terminated or suspended in partmay
further government contracts in accordance with procedures authorized in Executive Order No.
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order No. 11246 of September 24, 1965, or by rules, regulations or orders
of the Secretary of Labor, or as otherwise provided by law.
50
g. The Contractor will include the provisions of paragraphs "a" through "g" in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so
that such provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the contracting agency may direct
as a means of enforcing such provision, including sanctions for noncompliance; provided,
however, that in the event the Contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor
may request the United States to enter into such litigation to protect the interests of the United
States.
27. Taxes And Assessments.
The Contractor shall pay all license fees, assessments, taxes, and deductions resulting from
Contractor's performance of its obligations under this Contract, including but not limited to all
retail sales taxes on the products and services provided hereunder by the Contractor, federal
income tax, FICA, social security tax, and assessments for unemployment and workers'
compensation insurance. In the event a tax or assessment is imposed against the Owner as a result
of the Contractor's performance of its obligations under this Contract, the Contractor shall pay said
tax or assessment before it becomes due.
28. Status Of Contractor.
Contractor is an independent contractor, and none of Contractor's employees or agents
shall be considered an employee of the Owner. Contractor and Contractor's employees or agents
shall make no claim of Owner employment or claim any related employment benefits from the
Owner, including but not limited to medical benefits, worker's compensation, social security,
and/or retirement benefits. Contractor has no authority to nor shall Contractor represent that it has
authority to bind the Owner in any manner.
29. No Guarantee.
The Owner in no way promises or guarantees the number of Center activities, events, or
functions, or the level of attendance at same, or the sales, payments, and revenues to Contractor
resulting from Center activities, events, functions.
30. No Conflict Of Interest.
Contractor represents that it and its employees do not have any interest and shall not acquire
any interest, direct or indirect, which would conflict in any manner or degree with the performance
of this Contract. Contractor further covenants that it will not hire anyone or any entity having such
a conflict of interest during the term of this Contract.
31. Compliance With Law.
The Contractor shall procure all permits and licenses and pay all charges and fees necessary
and incidental to the lawful conduct of its catering, concession, and vending sales and services
under this Contract. Contractor agrees to perform all of its obligations under and pursuant to this
Contract in full compliance with any and all applicable laws, rules, and regulations enacted,
adopted, or promulgated by any governmental agency, legislative body, or regulatory body,
whether federal, state, local, or otherwise.
51
32.No Insurance Provided By Owner.
The Owner does not maintain any insurance, liability or otherwise, for or on behalf of the
Contractor.
3 3 .113Attri y, Hold Harmless. And Defense.
a. Contractor agrees to indemnify and hold harmless the Owner, County of Yakima,
the Bureau, their elected officials, officers, employees, agents, and volunteers from and against
any and all claims, demands, causes of action, losses, damage,, costs, liens, and liabilities, in law
or in equity, of every kind and nature whatsoever, directly or indirectly arising out of, relating to,
or resulting from 'Contractor's performance or nonperformance of this Contract; resulting from or
caused by the use and occupation of the facilities hereinbefore described, whether such use is
authorized or not; or from any act or omission of Contractor, or any of its officers, agents,
employees, contractors, subcontractors, guests, patrons, or invitees.
b. Additionally, the Contractor shall, at its sole risk and expense defend any and all
suits, actions, or other legal proceedings which may be brought or instituted against the Owner,
County of Yakima, the Bureau, their elected officials, officers, employees, agents, and volunteers
or any such claim, demand or cause of action, and the Contractor shall pay and satisfy any
judgment or decree which may be rendered against the Owner, County of Yakima, the Bureau,
their elected officials, officers, employees, and agents in any such suit, action or other legal
proceedings.
34. Insurance Provided By Contractor.
Contractor shall, at its sole cost and expense, procure and maintain the following types and
limits of insurance through the term of this Contract:
a. Commercial liability insurance on an occurrence basis subject to a $1,000,000 per
occurrence limit and $2,000,000 aggregate. The policy shall contain a "Per Job Aggregate"
endorsement. The policy shall include Employers Liability (Washington Stop Gap) coverage. The
,l have deductible of $c r� or less and the Contractor will be responsible for the
policy shall a .�.,,�.,.,
payment of any deductible amount. Higher retention or deductible limits may be acceptable on
prior approval by Owner. Such insurance shall be primary and noncontributory with any other
coverages, including the Owner's, and such insurance shall afford immediate defense and
indemnification of the Owner.
b. Commercial Automobile Liability insurance policy for any auto with limits not less
than $1,000,000 per occurrence, combined single limit for bodily injury or death and property
damage, including loading and unloading operations.
c. Commercial Umbrella Liability insurance coverages shall be provided in excess of
the Commercial General Liability, Commercial Automobile Liability, and Employer's Liability
coverages with limits of no less than $5,000,000 per occurrence. The deductible or self-insurance
retention for this coverage shall not exceed $10,000 per occurrence.
d. Blanket employee dishonesty insurance policy with limits of no less than $500,000.
'" (All -Risk) providing one -hundred percent (100%O)
e. Special roan insurance, providing r._
replacement value, covering loss or damage to personal property both owned by Contractor and
owned, leased, or controlled by the Owner and provided by the Owner for use by Contractor under
the terms of this Contract located in the Center. The deductible or self-insured retention for the All -
52
Risk insurance shall not exceed $5,000 per occurrence. The Special Form (All Risk) insurance
must include the following loss payee endorsement language:
THE CITY OF YAKIMA IS NAMED AS LOSS PAYEE AS TO ALL LOSS OF
PROPERTY OR DAMAGE TO PROPERTY OWNED, POSSESSED,
CONTROLLED, OPERATED OR LEASED BY THE OWNER.
f. Contractor, by executing this Contract, certifies that it is aware of the provisions of
Title 51 of the Revised Code of Washington (RCW) which require industrial insurance coverage
for employees, and certifies that it will comply with such provisions before commencing
performance of this Contract, and shall present adequate evidence thereof to the Owner.
35. Additional Insurance Conditions.
a. All insurance policies shall be issued by an insurance company authorized by law to
conduct business in the State of Washington. Such insurance company and policies are subject to
the prior approval and acceptance of the Owner and who has a current minimum rating of A -VII in
Best's Guide.
b. The Commercial General Liability, the Commercial Automobile, the Employer's
Liability, and Employee Dishonesty Liability insurance policies required under this Contract must
name the Owner, County of Yakima, the Bureau, their elected officials, officers, employees, and
agents as additional insureds with primary coverage, whether or not said entities and/or persons
have other insurance against any loss covered by said insurance.
c. The Contractor shall furnish a certificate of insurance as evidence of coverage for
each policy including the appropriate additional insured endorsement. Each certificate shall provide
that if the insurance policy is canceled by the insurance company or Contractor during the term of
this Contract, the insurance company shall provide the Owner with sixty (60) days written notice
prior to the effective date of such cancellation. Under the cancellation section of the certificate, the
words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of
any kind upon the company, its agents or representatives" should be crossed out. If requested by
the Owner, the Contractor shall furnish a complete copy of the insurance policy to the Owner."
d. Unless expressly waived in writing by the Owner, Contractor shall, throughout the
term of this Contract, require all of Contractor's agents, licensees or subcontractors providing a
service at the Center to provide Contractor and the Owner with certificates of insurance and
insurance policies evidencing the same type of Commercial General Liability, Workers'
Compensation, Employers' Liability, and Commercial Automobile Liability insurance coverages
with the same policy limits required of Contractor by this Contract. Said insurance shall include
the additional insured endorsement and the cancellation terms required of the Contractor by this
Contract.
e. Contractor's compliance with insurance coverage requirements shall not be
construed to relieve the Contractor from liability in excess of the insurance policy limits.
f. The Contractor shall comply with any and all applicable insurance and fire
prevention laws, rules, and regulations, enacted, adopted, or promulgated by any govemmental
agency, legislative body, or regulatory body, whether federal, state, local, or otherwise.
36. Waiver Of Damage Claims And Subrogation.
Contractor, its officers, agents, employees and insurer(s) hereby waive any right of
recovery and release the Owner, its elected officials, officers, employees, volunteers, agents, and
53
assigns from any and all liability or responsibility, including anyone claiming through or under
them by way of subrogation or otherwise, for any loss or damage which Contractor, its officers,
agents, employees and/or insurers may sustain incidental to or in any way related to Contractor's
catering, concession, and vending services/sales, and all other operations under this Contract.
Contractor shall obtain a written waiver of subrogation from its insurance carrier(s).
37. performance Bond.
A Performance Bond issued by a professional surety cornpany authorized to do business in
the State of Washington in the amount ount of One Hundred Twenty -Five Thousand Dollars
($125,000.00) shall be executed and delivered to the Owner and subject to approval of the
Purchasing Agent within ten (10) calendar days after execution of this Contract to insure the
faithful and full performance of all covenants, terms, and conditions of this Contract. Said
Performance Bond shall be maintained and kept in full force and effect by the successful
Contractor during the entire term of this Contract.
38. i nm'j.
This Contract shall not assign, subcontract, transfer, hypothecate, mortgage or otherwise
encumber any right, duty, obligation, liability, claim, or interest hereunder without the prior
written consent of the Owner. In the event that such an assignment, subcontract, or transfer is
permitted by the Owner, the assignee, subcontractor, or transferee shall assume all of Contractor's
duties, obligations, and liabilities under this Contract.
39. Removal Of Subcontractor.
If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the Owner may request in writing that the subcontractor be removed. The
Contractor shall comply with this request at once and shall not employ the subcontractor for any
further work/serv:ices under this Contract.
40. Subordination.
This Contract and everything herein contained shall be subordinate to any ground and underlying
lease or leases and to any charge or charges (including deeds of trusts, mortgages, bonds, and all
instruments supplemental thereto) and all renewals, modification, consolidations, replacements and
extensions thereof created by the Owner in respect to the Center and the Contractor hereby
covenants and agrees that it will at any time and from time to time as required by the Owner during
the term hereof and any extension or renewal, give all such further assurances relative to this
proviso as may be reasonably required to evidence and effectuate this subordination of its rights
and privileges hereunder to the holder or holders of any such ground and underlying lease or leases
and charge or charges (including deeds and trusts).
41. Payment For Utilities.
The Owner shall provide gas, electrical, and water services at the Center for use by the
Contractor in performing its obligations under this Contract; provided, however, that such services
will be separately metered and charged back to the Contractor on a monthly basis.
42. Waiver Of Bureau Liability.
It is understood by Contractor that the Bureau is a lessee of the Center and that all
agreements, contracts, and licenses are subject to the terms and conditions of the Bureau's lease
with the Owner. Should that lease be terminated or expire or should the Bureau be unable to
54
perform any of the conditions or covenants of its lease provisions with the Owner, then, to that
extent, the Contractor waives any liability of the Bureau to Contractor.
43. Default Or Breach.
Each of the following events constitutes a default or breach of this Contract by Contractor.
a. If Contractor files a petition for bankruptcy, insolvency, or reorganization under
any bankruptcy act/law, or shall voluntarily take advantage of any such act/law by answer or
otherwise, or shall make an assignment for the benefit of creditors.
b. If involuntary proceedings under any bankruptcy or insolvency act/law is instituted
against Contractor, or if a receiver or trustee is appointed to administer Contractor's affairs, and
such proceedings are not dismissed or the receivership or trusteeship vacated within sixty (60) after
the institution or appointment.
c. If the Contractor fails to timely pay the Owner any minimum or commission
required under this Contract.
d. If the Contractor fails to perform, keep, and/or observe any of the terms,
covenants, conditions, and/or obligations of this Contract, and the failure continues for a period of
ten (10) calendar days after written notice of the failure is provided by the Owner to the Contractor,
or if the failure cannot be reasonably corrected/remedied within the ten (10) calendar day period,
the Contractor does not in good faith commence correction/remedy within the ten (10) calendar day
time period and does not diligently proceed to completion of the correction/remedy.
e. If the Contractor vacates or abandons the Center premises and its catering and
concession service under this Contract.
4 4 . Effect Of Default Or Breach.
In the event of any default or breach of this Contract as set forth in Section 41, the Owner
has the following options:
a. The Owner may, in its discretion, terminate this Contract upon giving the
Contractor five (5) calendar days written notice of termination. The Contractor shall be liable to the
Owner for all damages, losses, expenses, and costs suffered by the Owner as a result of the
Contractor's breach/default.
b. After termination, the Owner may, in its discretion, enter into a catering and
concession contract for the Center with another party. In such case, the Contractor shall be liable
to the Owner, in addition to all other damages and/or losses caused by the Contractor's breach, for
all expenses and costs incurred by the Owner in obtaining another party to perform catering and
concession sales and services at the Center. The Contractor shall also be liable to the Owner for
the difference in minimums and/or commissions received by the Owner under the new catering and
concession contract and the minimums and/or commissions due from the Contractor to the Owner
during the same period under this Contract.
c. The Owner may, in its discretion and without notice, enter the Center premises
immediately and remove any property of the Contractor, and store the property in a public
warehouse or other place selected by the Owner, at the expense of the Contractor. If the
Contractor has not paid the removal and storage expenses of the Owner within thirty (30) calendar
days of removal, the property shall become the property of the Owner. The Owner may, in its
55
discretion, dispose of the property in any manner without payment or reimbursement to the
Contractor.
d. Upon termination, the Owner may, in its discretion, require the Contractor to
remove any and all improvements, fixtures, facilities, and structures, constructed or placed on the
Center premises by the Contractor, title to which has not vested in the Owner, and restore the
Center premises and leave such in the same condition as existed at the time of commencement of
this Contract, complete with all of Owner's equipment, furnishings, and fixtures inventoried at the
time of commencement of this Contract.
e. Upon termination for default or breach of this Contract., Contractor is not entitled to
any reimbursement of, and waives any claim or interest in, the equipment use fee specified in
Section 5.
f. The Owner may, in its discretion, assert any other remedy, means, or claim
provided in law or equity as a result of Contractor's default or breach of this Contract.
g. The Owner may, in its discretion, utilize any combination of the above options. All
rights and remedies of the Owner under this Contract are cumulative and not alternative.
45. Termina_thn Without Default Or Breach.
a. The Owner or Contractor may terminate this Contract, where no default or breach
of the Contract has occurred, by giving the other respective party sixty (60) calendar days written
notice of termination. Upon termination of this Contract, through passage of time or otherwise,
Contractor shall assist Bureau and Owner in a transfer of the operations within sixty (60) calendar
days after notification of termination.
b . Upon such termination by the Owner, the Owner shall pay the Contractor an
amount equal to the undepreciated value of the equipment use fee specified in Section 5. Upon
such termination by the Contractor, the Contractor agrees and acknowledges that it is entitled to no
reimbursement of, and waives any claim or interest in, the equipment use fee, specified in Section
5.
c. Upon such termination by either party, and at the Owner's election, Contractor
agrees to sell any or all of the Contractor's movable fixtures and equipment installed or used upon
the Center premises. In the event Owner elects to purchase any or all of said fixtures or
equipment, then Owner shall notify Contractor in writing at least twenty (20) calendar days prior to
termination of this Contract. In the event Owner exercises its option to purchase any or an of said
business fixtures and equipment, the purchase price shall be the fair market value of such items at
the date of such termination. If the parties are unable to agree upon the fair market value, each
party shall appoint one qualified appraiser and the two appraisers shall determine the fair market
value of such items, which determination shall be final and binding upon the parties. The cost of
these appraisers shall be shared equally by the Owner and Contractor.
d. Upon termination, the Owner may, in its discretion, require the Contractor to
remove any and all improvements, fixtures, facilities, and structures, constructed or placed on the
Center premises by the Contractor, title to which has not vested in the Owner, and restore the
Center premises and leave such in the same condition as existed at the time of commencement of
this Contract, complete with all of Owner's equipment, furnishings, and fixtures inventoried at the
time of commencement of this Contract.
56
46. Non -Waiver.
Any waiver of the Owner of any default or breach of this Contract by the Contractor must
be express and in writing. No waiver shall be implied or inferred from any action or inaction of
Owner. Waiver of the Owner of any default or breach of this Contract by Contractor does not
constitute a waiver of any other and/or subsequent default or breach of this Contract by Contractor.
47. Severability.
It is understood and agreed that if any part of this Contract is held to be illegal or invalid,
the validity and enforceability of the remaining provisions shall not be affected.
48. Modification.
No change, modification, amendment, and/or addition to this Contract shall be valid or
binding upon either party unless in writing executed by both parties.
49. Section Or Paragraph Headings.
All section and paragraph headings are for quick reference and convenience only and do not
alter, amend, explain, or otherwise affect the terms, covenants, and conditions of this Contract.
50. Notices.
Unless stated otherwise herein, all notices and demands under and related to this Contract
shall be in writing and sent to the parties to their addresses as follows:
TO PURCHASING AGENT
TO CONTRACTOR:
Sue Ownby
Purchasing Agent
City of Yakima
129 No 2nd St.
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be
deemed effective when mailed or hand delivered at the addresses specified above.
51. Governing law.
This Contract shall be governed by and construed in accordance with the laws of the State
of Washington.
52. Venue.
The venue for any action to enforce or interpret this Contract shall lie in the Superior Court
of Washington for Yakima County, Washington.
57
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed this,
the day of , 19__
APPROVED AND AGREED TO:
CONTRACTOR CITY OF YAKIMA
By: By:
Its:
STATE OF WASHINGTON )
County of
)
:ss.
R.A. Zais Jr., City Manager
ATTEST:
City Clerk
On this day of , 1996, before me the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
the of , and who executed the
foregoing instrument, and acknowledged to me that . signed and sealed the said instrument as
free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
written.
NOTARY PUBLIC in and for the State of
Washington, residing at
my r-nmmiccinn Pxnirec:
.7 r
58
SCHEDULE '1'
SMALLWARES AND CONTRACTOR SUPPLIED EQUIPMENT
In addition to providing an equipment use fee for the use of Owners CSI Section 11400 heavy duty
foodservice equipment, the Contractor will provide smallwares adequate to provide service to
1,650 persons at one time in banquet/exhibition areas, in any specialty dining areas as well as
equipment to service all concessions, etc. as specified by the Contractor with assistance and
agreement by the Owner and shall include the following:
1 Adequate supply of china, including but not limited to: plates, bowls, cups, saucers,
water pitchers, and related items. Unless otherwise directed by the Owner the china will
not have the logo of the Center imprinted thereon.
2. Beverage glassware.
3. Adequate supply of trays (both service and cafeteria style).
4. Supply of stainless steel and/or silver plated dining utensils, including but not limited to:
knives, forks, spoons and soup spoons.
5. Ample supplies of back -of -the -house servicewares, including but not limited to: Kitchen
utensils, equipment cleaning aids, and related items.
6. State of the art menu boards/graphic signage wherever required.
7. Buffet and catering equipment, i.e., chafmg dishes, mobile carts, servicewares, and
related items.
8. Salt and pepper shakers.
9. Other specialty mobile foodservice equipment/carts and theatrical backdrop settings, etc. to
accommodate all concession and specialty services.
10. Ashtrays.
11. Other miscellaneous tabletop smallwares as required.
12. Table and service linens.
13. Electronic, computerized point of sale cash/inventory control system with all tie in
equipment necessary to operate fully with Owner and Center computer systems.
59
SCHEDULE '2'
WAGE SCHEDULE
List wages payable to the Contractor's personnel of the Food and Beverage Services Contract.
MAMEOHEILSIAMNG SCHEDULE
No.
Employee Working
Position Hours
Per Week
60
Wage i Total Wages 1 Benefits
Per Hour Exc. Benefits as a % of
total Wades
Proposal of:
Address:
Date:
SCHEDULE '4'
PROPOSAL FORM
TO: The City of Yakima
("The Owner")
The undersigned hereby offers to enter into the Food and Beverage Services Contract, at The
Yakima Convention Center, Yakima, Washington, for all areas serviced with food and beverage,
under the terms and conditions set forth in said contract, in this Proposal Form and in the
Instructions to Bidders, for a term of five (5) years commencing January 8, 1997, and to pay to the
Owner the license charges calculated in accordance with the Food and Beverage Services Contract,
and this Proposal Form in the amounts noted on Table One attached.
The undersigned proposer takes cognizance of the fact that certain minimum license charges for
specified sales and services, as a percentage of gross receipts, are set out and agreed upon in Table
One, Column 2.
63
TABLE ONE
THE YAKIMA CONVENTION CENTER
FOOD AND BEVERAGE SERVICES CONTRACT OPTIONS
COMMISSIONS
MINIMUM
ACCEPTABLE
PROPOSED PROPOSED
PROPOSED
Z6bd *rI*0.11114 litiP-41c64011TO -: evtr!geg ?
fi.:011714gOilCess! .IM...„....
4
. *3. ....
.11•••••••.111.00011111.1.
Catered Affairs
Concessions St.ands -
Fixed/Mobile
Offsite Catered Events
15% of gross food
sales
17% of gross food
sales
12% of gross food
sales
..._% of gross
food sales
_% of gross
fool sales
___.% of gross
food sales
..,_% of gross
food sales
,_% of gross
food sales
_% of gross
foodsales
_% of gross
food sales
__% of gross
food sales
__.% of gross
food sales
klehlitiliC., .BiVerigi ;Servites • • • .
: .::.- •,': .. .....-;:?-:,
•
•-• , , .
Catered Events
Concessions Stands -
Fixed/Mobile
Offsite Catered Events
18% of gross bev
sales
20% of gross bev
sales
12% off gross food
sales •
....% of gross
bev sales
_4p of gross
bev sales
% of gross
food sales
,_% of gross
bev sales
_% of gross
bev sales
_% of gross
food sales
_% of gross bev
sales
....% of gross bey
sales
% of gross
food sales
Coin Operated Vending
50% f
commissions
%— of
commissions
__% of
commissions
._% of
commissions
Third Party Sales
50% f
commissions
..._,1) of
commissions
_% of
commissions
®% of
commissions
NOTE; .Contractor t ,priovitk, Owner toil** :fooc and bevage,:, •
receipts :14 those .eat are not sub ed in: cortirdiakini;:
• :"0,40d41.ms • • - tl*
:.. . .. •
. ,, , , -:i , ., . • -
•
,
Equipment Use Fee
(Estimate)
$250,000 $
1 1
Note: Proposed commissions for years 1-3 'should be .greater than or equal to the minimum
acceptable base commissions. Proposed commission for years 4-7 and 8-10 should
follow a step-up incremental approach based on the proposed commissions years 1.3.
SCHEDULE '3'
FINANCIAL FORMAT FOR OPERATIONAL SUBMITTAL PURPOSES
FOOD AND BEVERAGE SALES
Amount ($1
SALES
Food Service and Non -Alcoholic Beverages
Concessions Operations - Fixed and Mobile
Catered Affairs - Banquets and Meetings
Alcoholic Beverage Services
Concession Operations - Fixed and Mobile
Catered Events - Banquets and Meetings
Coin Operated Vending
Vending Machines
Third Party Sales
Concessions
Other Sales
(List)
TOTAL FOOD, BEVERAGE
AND VENDING SALES
COST OF SALES
Food Service and Non -Alcoholic Beverages
Concessions Operations - Fixed and Mobile
Catered Affairs - Banquets and Meetings
Alcoholic Beverage Services
Concession Operations - Fixed and Mobile
Catered Events - Banquets and Meetings
Coin Operated Vending
Vending Machines
Third Party Sales
Concessions
Other Costs
(List)
TOTAL FOOD, BEVERAGE AND
VENDING COST OF SALES
61
Amount ($1
TOTAL GROSS PROFIT
TOTAL INCOME
CONTROLLABLE EXPENSES
Payroll
Employee Benefits
Employee Meals
Direct Operating ]Expenses
• Replacement
• Insurances
• Extermination
® Janitorial and Paper
• Laundry and Uniforms
• Telephone and Office
• Ice
• Miscellaneous (list)
Music and Entertainment
Advertising and Sales Promotion
Utilities
Administrative and General
Repairs and Maintenance
Miscellaneous Expenses
TOTAL CONTROLLABLE EXPENSES
PROFIT BEFORE RENT
RENT OR OCCUPATION COSTS
PROFIT BEFORE DEPRECIATION
DEPRECIATION (Equipment Use
Fee and any other minor
pieces of equipment
Contractor may provide)
OPERATING PROFIT
Additions to or Deductions from Profit
NET PROFIT
62
The terms and conditions of this proposal are agreed to on this day of the year 1996.
BY:
(Officer)
SIGNATURE:
TITLE:
COMPANY:
ADDRESS:
DATE:
PHONE:
FAX:
(CORPORATE SEAL)
65
SCHEDULE '5'
MINIMUM PURCHASE SPECIFICATION :REQUIREM[ENTS
BEEF
{ Heifer or Steer
GRADE:
YIELD:
CONDITION:
GROUND BEEF:
USDA Top Choice
3 or under
Fresh or ]Frozen
Chuck, 20% fat content
PORK
GRADE:r
I1
r US No. 1
Fresh or Frozen
CONDITION:
VEAL
Calf
GRADE:
CONDITION:
GRADE:
CONDITION:
USDA Choice
Fresh or Frozen
LAMB
Under one year old
USDA Choice
Fresh or Frozen
POULTRY
GRADE:
CONDITION:
GRADE:
CONDI 1ON:
_
USDA Inspected Grade A
Hens - Fresh or Frozen
Fryers - Fresh or Frozen
Duckling - Fresh or Frozen
Turke Breast - Fresh or Frozen
When graded - A, otherwise top quality
Fresh when available, frozen if cost and
availability warrant
FISH AND
SHELLFISH
EGGS
GRADE:
SIM,:
CONDITION:
USDA A, 100% candled
Large
Fresh
BU1 1ER
GRADE:
GRADE:
USDA AA
US Grade A pasteurized
MILK AND MILK
PRODUCTS
NONFAT DRY MILK
_GRADE:US
—
Extra
f BULK ICE CREAM
:Minimum 12% milkfat, 80-100% overrun i,
FRESH
VEGETABLES AND
FRUITS
FROZEN
VEGETABLES
GRADE:
;
GRADE:
_
US No. 1 ur bene:
,
A
CANNED FRUIT
GRADE:
US Grade A or Fancy in heavy syrup
CANNED
VEGETABLES
GRADE:
US Grade A or Fancy
DRY GOODS
RICE:
BEANS:
_
Fancy or US No. 2
Grade A
BAKED PRODUCTS
At the Owner's approval
66
PURCHASING
SPECIFICATIONS
Proposers must submit a written purchasing specification for each of
the sample items listed below. At least three (3) of the meat
specifications must be for meat items specified in the recipes to be
submitted for this contract.
• Portion cut beef item
• Beef roast item
• Pork rib item
• Poultry item
• Lamb item
• Veal (calf) item
• Fresh fruit item
• Frozen vegetable item
• Canned fruit item
• Non-food item
67
SCHEDULE '6'
SANITATION REGULATIONS AND JOB INSPECTION
REGULATIONS
The following shall establish the minimum sanitation guidelines for the Contractor.
1. The Sanitation Code of the U.S. Food Service Industry as published by the National
Resta-urant Association.
2. All state of Washington Acts and Regulations governing foodservice operations.
3. All applicable Municipal Regulations.
4. All applicable Federal Government Acts and Regulations.
5. Appropriate voluntary codes and guidelines established by trade associations and other
groups operating within the food industry.
6. Any specific guidelines established by the Owner„
68
4
JOB INSPECTION
1. Formal inspections of the foodservice facilities are to be conducted a minimum of four (4)
times a year (January, April, July, October) by the Owner, accompanied by the Contractor.
2. An inspection checklist is to be prepared and completed by the Contractor and submitted to
the Owner not later than three (3) working days following the inspection. A complete
report of corrective measures taken or to be taken for any deficiencies noted should
accompany the inspection report.
3. Informal inspections of the foodservice facilities are to be conducted daily by the Contractor
with immediate corrective measures taken for any deficiencies noted.
69
APPENDIX A
THE YAKIMA CONVENTION CENTER
FOOD AND BEVERAGE SERVICES CONTRACT - YAKIMA,RAMINGION
AFFIDAVIT
State of
County of
he is the
(TITLE.)
being first duly sworn, deposes and says that
of , with offices
(NAME OF CONTRACTOR)
located at , and its duly authorized representative states that effective this
(ADDRESS OF CONTRACTOR)
()
()
day of , 19 (date of submission of bid) the
(NAME OF CONTRACTOR)
is not charged with delinquent personal property taxes on the general list of personal property in
Yakima County, Washington, or any other countries containing property in the taxing districts
under the jurisdiction of the Auditor of Yakima County, Washington.
is charged with delinquent personal property taxes on the general list of personal property in
Yakima County, Washington, or any other counties containing property in the taxing districts
under the jurisdiction of the Auditor of Yakima County, Washington.
County
Sworn to an subscribed this
Ani (include total amount and any
penalties and interest thereon)
(Affidavit)
day of 19
70
flairstovu Peihl it•1
My Commission expires
, 19
APPENDIX B (continued)
Following is a short listing of groups that have booked in the past and are planning future use of
the Center, and attendance:
Annual meetings - Ag based businesses 400 ppl
WA State Horticulture Conference 1,000 ppl
WA Post Harvest Conference 600 ppl
Many large local fund-raiser/community 5-700 ppl
banquets
Association of WA Cities 300 ppl
VFW 400 ppl
WA State Paraeducators 900 ppl
WA School Food Service 600 ppl
WA Pest Consultants 400 ppl
WA State Weed Assn 500 ppl
WA Hospital Assn 400 ppl
WA State Veterinary Medical 400 ppl
WA Joint Conference on Health 600 ppl
NW District Kiwanis 900 ppl
International Society of Arboriculture 400 ppl
WA Education Assn 900 ppl
WA Health Care Assn 600 ppl
PNW Direct Marketing 400 ppl
72
APPENDIX C
FOOD SERVICE EQUIPMENT LIST
Please be advised that the Owner owns the following equipment
Dishwasher with 2 tank booster heater #SC1-6-3.4
Exhaust fan
Dish scraping table
Disposer #SS -500-1 (Non -Working)
Pot Sink #777
Preparation table with sink
Preparation table with sink #777
Disposer #55-200-12
Exhaust hood
Flat top range #K76 -D -3292-B
Broilers - Model FS-SCB-36 (2 ea)
Rainier Revolving Tray Over #3444
Biodget Convection ovens (2 ea) SN 0690Y5335102 & SN 0690Y5336101
Tilt Skillet Fryer #HFP-1B
Pipe Base Table
Bain Marie Hot Food Holding Unit
Walk-in Cooler/Freezer #A126-76-3782
Open Burner Range #K76 -D32 -A
Gas fryers MJH50 (2 ea)
73
APPENDIX D
FOOD SERVICE FACILITIES DRAWINGS AND EXPANSION PLANS
74
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. g
For Meeting Of 12/17/96
ITEM TITLE: Concession and Catering Agreement between the City of Yaldma and
Goodale and Barbieri Companies, d/b/a M & M Catering.
SUBMITTED BY: Glenn Rice, Assistant City Manager
CONTACT PERSON/TELEPHONE:
Glenn Rice, Assistant City Manager/575-6123
Sue Ownby, Purchasing Agent/576-6695
Paul McMurray, Assistant City Attorney/575-6030
SUMMARY EXPLANATION: For several years the City has contracted with M & M
Catering Services, Inc. for catering and concession services at the Yakima Convention
Center. The current agreement with M & M Catering will expire in January 1997.
Catering and concession service proposals were requested from interested parties.
Goodale and Barbieri Companies, d/b/a M & M Catering, was the only proposer and was
selected to provide catering and concession services at the Yakima Convention Center.
Goodale and Barbieri Companies, d/b/a M & M Catering, is willing to provide said
services in accordance with the attached contract. This proposed catering services
agreement with the Barbieri Company conforms with the City's R.F.P. for the
Convention Center Food and Beverage Services Contract issued in February, 1996. (See
Attachment "A".)
Resolution X Ordinance Contract X Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Pass resolution authorizing execution of contract.
BO /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
(15)agenda/coacesalon .1=
CONTRACT 1 NO. s -/`
RESOLUTIO NO. --,.a "
CONTRACT/LEASE/AGREEMENT
ROUTE SLIP & CHECK LIST
Two copies for original signatures
City Manager signature
City Clerk signature
City Attorney signature
Make copy of above signatures
Notification letter/obtain sign.
Individual/O ganization
COMMENTS:
DATE
SENT COMPLETE
YAKIMA CONVENTION CENTER
CONCESSION AND CATERING CONTRACT
THIS CONTRACT is made and executed by and between the CITY OF
YAKIMA, a municipal corporation (hereafter the "Owner"), and Goodale and
Barbieri Companies, a Washington corporation, d/b/a M & M Catering Services
(hereafter the "Contractor").
WHEREAS, the Owner desires food and beverage catering, concession, and
vending services and sales at the Yakima Convention Center;
WHEREAS, neither the Owner nor the Yakima Valley Visitors and
Convention Bureau (hereafter the "Bureau") has the staffing levels or the
specialized expertise necessary to provide said services and sales;
WHEREAS, the Contractor has the experience, expertise, and personnel
necessary and is willing to perform said services and sales in accordance with the
terms and conditions of this Contract;
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the Owner and the
Contractor as follows:
1. Purpose.
The Owner owns the Yakima Convention Center (hereafter the "Center"), a
30,000 square foot convention building located on a site at East Yakima Avenue
and North Eighth Street, within the City of Yakima, Yakima County,
Washington. The complex currently consists of a conference and exhibit hall
with an approximate total area of 14,500 square feet which may be divided into
four different rooms. The hall has the capacity to assemble 1,400 occupants,
seated, and provide a banquet for 1,000 people. In addition, the foyer has a total
area of approximately 3,500 square feet.
The Center is managed by the Bureau through a management services
contract with the Owner. The Bureau operates the Center through a manager
(hereafter the "Center Manager"). In that connection and in coordination with
the Center Manager, the Contractor shall provide food and beverage catering,
concessions, and vending services and sales at the Center in the most efficient
and convenient manner possible and in accordance with the terms, covenants,
and conditions of this Contract.
2. Term And Option To Extend.
The term of this Contract shall commence on the first day of the first
calendar month following execution of this Contract by all parties and terminate
ten (10) years thereafter; provided, however, that the Owner has the option, in its
Page 1 of 29
(1s)agr/cnvtn cntr modified3fin.pm
sole discretion, to extend this Contract for one (1) additional term of five (5) years
by providing the Contractor with sixty (60) calendar days written notice of the
intent to exercise its extension option and that either has the right to terminate
this Contract as provided in Section 45. The extension term, if exercised, shall
be on the same terms, covenants, and conditions as provided in this Contract
unless the parties mutually agree in writing to different terms, covenants, and
conditions.
3. Incorporation Of Contractor's Proposal.
Except to the extent that it conflicts or is inconsistent with this Contract,
the Contractor's Proposal, including all of Contractor's representations,
conditions and obligations, dated April 4, 1996 and submitted to the Owner on
April 5, 1996 in order to obtain award of this Contract, is incorporated herein by
this reference. Any inconsistencies or conflicts between the Contractor's Proposal
and this Contract shall be resolved in favor of the Contract terms, conditions,
obligations and language. A copy of said Proposal is attached hereto as
Exhibit "A" (hereafter "Proposal").
4. Guaranteed Minimums And Commissions.
a. In consideration for the exclusive rights granted hereunder by the
Owner, commencing January 1, 1997, the Contractor agrees to pay to the Owner
an annual guaranteed minimum sum of Ninety -Six Thousand Dollars ($96,000)
per calendar year, or an annual commission calculated in accordance with
attached and incorporated Table 1 on page 27-28 of Exhibit A based upon the
total gross revenue derived each year from its catering, concession, and vending
services and sales under this Contract calculated as described in Section 6,
whichever is greater, subject to the limitations described in this Section 4.
Payments for receipts prior to January 1, 1997 shall be calculated as described in
the contract between the parties that immediately preceded this contract.
b. Commission payments shall be made to the Owner on the 10th day
of each calendar month based upon the prior month's receipts during the
Contract term.
c. The annual minimum or annual commission due under this Contract
shall be treated by the Contractor and the Owner as an isolated event and a
separate charge for accounting purposes. No previous payment or credit from any
prior or past year shall be credited or subtracted from the annual minimum or
annual commission, however, the calculation of the annual minimum shall be
prorated in the event of any partial contract year.
d. The Contractor shall provide the Owner with a written sales
summary for each Center activity, event, function, or off-site catered event,
within forty-eight (48) hours of the completion of such. The sales summary shall
include a sales breakdown by location and type of sale (i.e., concession, catering,
etc.), total inventory sales, a copy of the register tape, and cash overages or
shortages.
Page 2 of 29
(1s)agr/cnvtn cntr modified3fin.pm
e. At the end of each contractual year, the Contractor's records and
certified audit shall be reviewed in accordance with Section 6 of this Contract. In
the event such review reveals that the commissions paid to the Owner for the
contract all year are less than the annual guaranteed minimum sum of Ninety -
Six Thousand Dollars ($96,000), the Contractor shall pay the Owner the balance
within thirty (30) days of written notification from the Owner. However,
notwithstanding the minimum sum described in Section 4(a) and in the preceding
sentence, calculation of the annual minimum sum shall be adjusted to the
extent the Contractor can establish to the satisfaction of the Owner that the
Contractor was unable to use a significant portion of the Center facilities due to
the actions of the City and that this inability to use Center facilities was the
primary cause of Contractor's failure to pay Owner commissions in excess of the
annual minimum sum for the contract year.
5. Equipment Use Fee.
In consideration for the use of the Center and corresponding food and
beverage service equipment, the Contractor shall provide the Owner, as described
in this Section 5, an equipment use fee in the form of over Two Hundred Fifty
Thousand Dollars ($250,000) worth of kitchen related equipment as described in
the attached and incorporated Exhibit C and Section 22(d) of this Contract
(hereafter "Use Fee Equipment"). At such time as the Phase I expansion
described in Section 9, including the capital improvements described in
Addendum B1 of the Proposal as amended and implemented in the floor plan
agreed upon by the parties and incorporated in this Agreement as Exhibit B, have
been completed, and provided this Contract has not been earlier terminated: (i)
Contractor shall obtain the Use Fee Equipment under the terms of an equipment
lease between Contractor and a third party and install the Use Fee Equipment in
the Center; and (ii) at the conclusion of the seventh year of the equipment lease,
Contractor will purchase the Use Fee Equipment and transfer ownership of the
Use Fee Equipment to Owner. Said equipment use fee is in addition to the
required annual minimum and annual commission described in Section 4 of this
Contract. The Contractor is granted and shall retain full depreciation rights for
Use Fee Equipment.
6. Accounting.
a. The term "gross revenue" means the total of all revenue (cash, credit,
or otherwise), received by Goodale and Barbieri Companies d/b/a M & M Catering
Services for catering, concession, and vending services and sales occurring at the
Center ("on-site") and for catering services performed at locations other than the
Center ("off-site") pursuant to this Contract, less: (i) all applicable sales tax; (ii)
costs of rented equipment for off-site events; and (iii) the value of catering
services and food donated to third party organizations or events. Gross revenue
also does not include any revenue of Goodale and Barbieri Companies other than
those conducted under the name of M & M Catering Services and thus excludes,
by way of example but not as a complete list, the revenue of Goodale and Barbieri
Companies in its capacity as owner and operator of Cavanaugh's Inn at Yakima
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Center, located adjacent to the Center. Contractor has made arrangements to
use the facilities of Goodale and Barbieri Companies located outside the Center
as necessary to provide catering services to on-site and off-site events held during
the time when the Center's kitchen is undergoing the Phase I expansion described
in Section 9; provided, however, until such time as the Phase I Center kitchen
expansion described in Section 9 is completed and fully operational, the catering
commission rate for any day in which more than 400 meals are prepared and
served and requiring the use and rental of outside facilities (other than facilities
of Goodale and Barbieri at Cavanaugh's at the Yakima Center) shall be
calculated at the rate in the attached Table 1 for off-site catering events for each
meal prepared and served in excess of 400 meals.
b. Contractor shall, with respect to all business done, transaction
engaged in, and revenues received pursuant to this Contract, keep and maintain
at the Center true and accurate account records, books, ledgers, and data in
accordance with generally accepted accounting principles and procedures
acceptable to the Owner. Said accounting records shall be maintained on
contractual year basis during the term of this Contract. A contractual year shall
be three hundred and sixty-five (365) days measured from the commencement
date of this Contract.
c. The Owner shall have the right, at all reasonable times, to inspect
said records, books, ledgers, data, and all other necessary documents of the
Contractor during the term of this Contract and such time thereafter as may be
necessary for the Owner to verify amounts due to it under the terms of this
Contract.
d. The Owner, in its discretion, may request in writing special
accounting reports regarding any financial aspect of the Contractor's operation
under this Contract. Contractor shall provide Owner with the special accounting
report within fifteen (15) calendar days of receipt of Owner's request.
e. The Contractor shall annually furnish to the Owner a certified audit
from a certified public accountant within ninety (90) days after the close of the
contractual year. Said audit must accurately show all business done and all
revenues received pursuant to this Contract. If the Owner is not satisfied with
said audit, the Owner may, with auditors selected by the Owner, conduct a full
audit of said records, books, ledgers, data, and other necessary documents.
Should the Owner's audit uncover any payment deficiencies due to the Owner in
excess of one percent (1%), the amount of the payment deficiencies and the cost
of the audit shall be immediately due and payable to the Owner by the
Contractor.
f. The Contractor shall provide the Owner an annual explanation of the
income and expense reporting procedures and controls utilized by its accounting
personnel within ninety (90) days after the close of the contractual year.
g. Thirty (30) days prior to the commencement of each contractual year
during the term of this Contract, the Contractor shall submit to the Owner for
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review and approval an annual budget covering all services to be provided
pursuant to this Contract. The budget shall detail revenue derivation, food cost,
and labor cost.
7. Authority.
The Owner shall, through its designated officer, manager or agent, be the
final authority with regard to all aspects of the control, management and
performance of the catering, concession, and vending services and sales, and
other operations required hereunder and all requests, procedures, approvals, or
changes shall be submitted through the Owner. Liaison between the Owner and
the Contractor will generally be through the Center Manager or his/her designee.
8. Exclusive Catering. Concession And Vending Rights.
a. Except as limited herein, the Contractor shall have the exclusive
right to provide food and beverage (alcoholic and non-alcoholic) catering,
concession, and vending sales and services at the Center and exclusive operation
of the Center kitchen, kitchen storage space, office and support areas shown on
Exhibit B, Use Fee Equipment, bars, and fixed and mobile concession stands and
such other areas of the Center as are agreed upon by the parties ("Contractor on-
site facilities").
b. The exclusive catering, concession, and vending rights granted herein
do not include the sale of non-food and non -beverage commodities, products,
and/or articles, including but not limited to phonograph records, film, flash
bulbs, aspirin, postcards, magazines, programs, souvenir books, or other printed
matter of a like nature and copyright novelties. However, the Owner, at its
discretion, may require the Contractor to sell such items, or may negotiate and
enter into a separate concession contract for the sale of such items with the
Contractor or any other person or entity.
c. The exclusive catering, concession, and vending rights granted herein
do not include the right to sell advertising and sponsorship packages at the
Center. The Owner reserves the right to sell advertising and sponsorship
packages at the Center.
d. The exclusive concession, catering, and vending rights granted herein
shall not be construed to prohibit a Center licensee or tenant from exhibiting any
commodity, product, merchandise, and/or article in connection with an exhibit,
trade show, or other type of event, or from dispensing free samples of food and/or
beverages as provided in Section 20 of this Contract.
e. The Contractor represents, warrants, and agrees that it shall not
conduct any catering services and sales in Yakima County, Washington under the
name of M & M Catering Services, except under and pursuant to this Contract.
f. This Contract does not grant any sale of lease rights to the
Contractor.
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9. Food And Beverage Services.
a. The Contractor shall organize, put into service, and manage
efficiently food and beverage catering, concession, and vending services and sales
for the following existing Center rooms, facilities, and areas:
• Room A - 1,575 SF
• Room B - 1,575 SF
• Room C - 5,580 SF
• Room D - 5,850 SF
• East Lobby - 3,540 SF
• Conference Room - 558 SF
• Snack Bar - 138 SF
• Kitchen - 1,420 SF
The Contractor is aware that the Center is undergoing a Phase I expansion
program (dependent on available budget funding) and agrees to modify present
operations, if necessary, and utilize alternate operating procedures in order to
provide food and beverage service to the guests of the Center. The Owner will
notify Contractor when facilities are affected by Phase I expansion program and
when expanded facilities are available for operation.
Owner and Contractor agree to use their best efforts to minimize disruption
of ongoing operations of the Contractor on-site facilities during the Phase I
expansion.
b. Upon completion of the Phase I expansion program, the Contractor
shall organize, put into service, and manage efficiently food and beverage
catering, concession, and vending services and sales for the following Center
rooms, facilities, and areas:
• Room A - 1,575 SF
• Room B - 1,575 SF
• Room C - 5,520 SF
• Room D - 5,845 SF
• Room E-5,810 SF
• Room F - 1, 040 SF
• Room G - 1,040 SF
• Room H - 1,040 SF
• East Lobby - 8,000 SF
• Snack Bar - 138 SF
• Kitchen - 1,420 SF
• South Center Storage - 688 SF
• North Center Storage - 363 SF
• Beverage Storage - 145 SF
• Equipment Storage - 4,500 SF
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c. The following items should be noted regarding the Phase I expansion:
• Proposed addition to the existing Center building designated
under Phase I is approximately 25,000 SF.
• Kitchen expansion during Phase I shall utilize the space as
designated on the architectural drawing from Traho Architects,
Inc., P.S., dated November 7, 1996, and titled "Yakima Center
Expansion Kitchen Concept Planning." A copy of said drawing
is attached hereto as Exhibit "B" and incorporated herein by
this reference. Contractor shall provide, to the extent not
already included in the Proposal, the plans and services
required of Contractor in Section 3.03.4 (a) through (e) on
pages 4 through 6 of the Instructions for Proposal No. 19601
dated February 1996 for the expanded kitchen using this
denoted space.
• The Owner shall pay up to but no more than Two Hundred
Twenty -Five Thousand Dollars ($225,000) for the design,
construction, and completion of the kitchen expansion
described in Exhibit B. In the event that it appears that the
kitchen expansion described in Exhibit B will cost more than
Two Hundred Twenty -Five Thousand Dollars ($225,000), the
Owner, with design input from the Contractor, shall have
authority to modify/alter said kitchen expansion in order to
bring the Owner's costs of said kitchen expansion within the
Two Hundred Twenty -Five Thousand Dollar ($225,000) budget
limitation. The preceding two sentences do not imply any
obligation of Contractor to make up for any shortfall in funds
required if the Phase 1 kitchen expansion cannot be completed
within the Owner's Two Hundred Twenty -Five Thousand Dollar
($225,000) budget/limitation. In the event the Owner modifies
or alters the Exhibit B design without the written approval of
the modification by Contractor, Contractor may terminate this
Contract by written notice to Owner and each party is
thereafter release from all further obligation under this
Contract; provided, however, that the Owner shall pay the
Contractor for the full cost of the Use Fee Equipment then on
order or already delivered and Contractor shall deliver the
ownership and possession of the Use Fee Equipment to the
Owner.
• Contractor will have use of the corridor east of Center kitchen
for a "staging area."
• Several offices will be included in the Phase I addition. Specific
use of these offices has not been designated.
• Phase I expansion areas are merely estimations and are
dependent on Owner funding and Contractor investment. Said
estimations are not binding upon the Owner under this
Contract.
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d. Contractor understands that upon completion of Phase I, the Owner
may undertake a Phase II expansion project at the Center. Prior to
commencement of Phase II, the Owner will notify Contractor of expansion plans,
construction, time line, and impact to Contractor operations. Owner and
Contractor agree to use their best efforts to minimize disruption of ongoing
operations of the Contractor on-site facilities during the Phase II expansion.
10. Other Services.
a. Specialized Services. In addition to the normal concession,
catering, and vending functions the Contractor will provide hereunder, the
Contractor is required to provide specialized services normally associated with
convention/trade show activities, events, and functions. These specialized
services include, but are not limited to, the following:
• Mobile thematic concession facilities service.
• Special and pre -function style food and beverage facility
services.
• Main Kitchen storage/preparation.
• Brand name food and beverage facilities.
• Staff food and beverage services.
• Special meeting and banquet catering services.
• Water and tablecloth service.
• Room Service.
• Exhibit or food/beverage services.
b. Personnel Services. The Contractor may be requested by the
Owner to provide personnel for special purposes such as bartending,
waiter/waitress, host/hostess, or other services for Center activities, events, or
functions. These special personnel services are not included under this Contract.
c. Wardrobe Checking. The Contractor must be prepared to furnish
wardrobe checking with attendants at any event when so requested by the Owner.
The Contractor at its own expense will provide all clothing racks, hangers and
related equipment over and above that currently on hand, essential to the
performance of the service. The Owner will designate areas to be used for
wardrobe checking. The Contractor will work in close coordination with the
Center Manager in determining approximate wardrobe checking needs and what
equipment is necessary.
d. All special specialized services, personnel services, and wardrobe
checking shall be provided by the Contractor at no cost or expense to the Owner
at a charge to the user to be determined by Contractor.
11. Vending Services And Sales.
Any vending machines used on the premises shall be of modular front
design acceptable to the Owner. Placement, contents, and suggested prices of the
contents of these machines is subject to prior approval of the Center Manager.
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Vending of smoking products, gum, and/or gum type candy is strictly prohibited
at the Center. Commissions on vending sales shall be in accordance with
Section 4 and attached and incorporated Table 1.
12. Operating Conditions.
a. The activities of the Contractor hereunder shall be such as to render
service to the public in a dignified manner and no pressure, coercion or
persuasion shall be used by the Contractor in an attempt to influence the public
to use the food and beverage concession, catering, and/or vending services of the
Contractor. All such services and sales shall be conducted and operated under
the supervision of the Contractor, and shall in no way interfere with the orderly
operation of any Center activity or event. The Contractor shall conduct all such
services and sales at such event times and locations as approved or designated by
the Center Manager. The Contractor will not circulate throughout the Center
premises for the sale of any commodity, product, and/or article except with the
permission of the Center Manager. The Contractor and its employees shall not
distribute campaign or political literature or any commercial solicitation
literature of any kind at any time in or on the premises of the Center.
b. The Center Manager shall give the Contractor advance notice of the
nature of scheduled Center activities, events, and functions and such
information as is available regarding the probable attendance at each such
activity or event. Every reasonable effort will be made by the Center Manager to
notify the Contractor of the cancellation of a previously scheduled activity, event,
or function to which due notice has been given the Owner, but no liability shall
evolve upon the Center Manager or the Owner for failure to deliver such notice of
cancellation. The Contractor, on the other hand, shall be held accountable for
furnishing full and adequate service, as described in the Contract, for the full
period of time required for any Center activity, event, or function for which the
Center Manager has provided notice to the Contractor and for which the
appropriate party representing such event enters into a separate contract with
Contractor. Further, nothing contained herein shall be interpreted to limit the
Contractor from taking reasonable measures to obtain activity or event
information from the Center in a timely manner.
c. Location of all mobile concession stands and auxiliary storage space
required by the Contractor shall be subject to the approval of the Owner. The
Contractor shall acquire no rights to such locations once assigned, and the
Owner reserves the right to require the Contractor to remove mobile stands and
equipment and to relocate items from any auxiliary storage spaces when the
Owner deems it necessary. The Contractor shall be responsible for all cost
associated with and furnishing all labor necessary to remove said mobile stands
and equipment and to relocate items from said auxiliary storage spaces.
d. Should the Contractor utilize the Center's food and beverage
service/preparation facilities for an off-site food and/or beverage sale, service
and/or function not for a Center licensee, the Contractor will provide a weekly
list of such events to the Center Manager. All revenue received from such sales
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and services is part of gross revenues and is commissionable in accordance with
attached and incorporated Table 1.
e. When and if a temporary food service area (i.e., mobile "special
emphasis" food service area) is in operation, food served must be cooked and
prepared by the chef on the premises of the Center, with the exception of baked
goods and standard canned and packaged items. Deviation from this requirement
must be approved in advance by the Center Manager.
f. The Center Manager may reasonably restrict the Contractor's sale of
food and beverage commodities, products, and/or articles at the Center in order
to protect goods, merchandise, equipment that is on display during a Center
activity, event, or function, or because of the nature of a Center activity, event, or
function.
13. Right Of Entry And Use.
a. It is recognized that the Contractor has the right to use the
Contractor on-site facilities and such other areas of the Center as are necessary
for catering, concession, and vending services and sales under this Contract, and
that Contractor shall have a reasonable right of necessary ingress and egress to
those Center areas and to those areas of the Center that are available for
common use (i.e., entrances, stairways, hallways, and lounges). The Owner shall
have the right at any time to impose reasonable restrictions upon Contractor's
right of ingress and egress to the Center premises. The Contractor shall have no
right of access to, and the Owner may, in its discretion, refuse access to, any
other area of the Center premises. Access to the areas of the Contractor on-site
facilities shall be limited to the Contractor and, with reasonable prior notice to
Contractor, to those Owner representatives specified in the notice.
b. Nothing herein contained shall be held to limit or qualify the right of
the Owner to free and unobstructed use, occupation and control of the Center
premises and ingress and egress for itself, its tenants/licensees, and the public.
Representatives of the Owner shall have the right to enter upon and have access
to all areas of the Center occupied by the Contractor at any time.
c. The Contractor shall ensure that deliveries of all food and beverage
commodities, products, and operational supplies, goods, wares, merchandise,
and/or equipment shall be made at the Center service entrance between 9 a.m.
and 4 p.m., Monday though Friday. The Owner, in its discretion, may approve
other delivery locations and times. The Contractor shall monitor the movement
of products in and out of all food service areas to avoid all conflicts with other
Center activities, events, or functions. The Contractor shall cover or otherwise
protect all food, beverages and food handling equipment being moved through
public areas.
d. The parties understand and agree that Contractor has a need to be
on the premises in the evening and weekends and at other times when the Center
premises are closed to the public. It is understood and agreed that Contractor,
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during all such times, shall be responsible for securing the premises against
vandalism, theft and/or intrusion upon the premises by persons trespassing
thereupon, which responsibility shall include, but not be limited to, the locking
of all outside doors, securing all unnecessary lighting, and all other steps as may
be necessary and reasonable to protect the building when it is being used by the
Contractor outside of Center's normal business hours.
14. Personnel.
a. The Contractor shall select, employ, train, furnish and deploy
employees who are proficient, productive, and courteous to Center patrons. The
Contractor shall also provide adequately trained relief personnel in the event of
absences by primary staff.
b. The Contractor shall furnish all necessary qualified supervision for
the performance of its catering, concession, and vending services and sales under
this Contract and agrees to assign this task to a highly competent person
designated as the full-time resident manager of M & M Catering Services.
Contractor has provided Owner with a list of the employees Contractor has
employed and, will keep Owner informed of any permanent changes in key
employees.
c. The Contractor's manager or his/her assistant manager shall be
present and available to the Owner during all operations of the Contractor under
this Contract.
d. The Contractor assumes full responsibility for all actions of its
personnel performance and/or non-performance of services, obligations, and/or
duties under this Contract, and shall be solely responsible for their supervision,
daily direction and control, payment of wages/salary (including withholding and
income taxes, unemployment insurance, workers' compensation, and Social
Security) and the like, as required by applicable federal, state, and/or local laws.
e. All of Contractor's full time -employees that are engaged in the
preparing, handling, serving and storing of food and beverages for catering,
concession, and vending services and sales under this Contract must meet all
applicable state, county, city, and local health district requirements for such
operations.
f. Contractor's employees will not solicit or accept tips/gratuities at the
Center; provided, however, that Contractor's employees may accept, but not
solicit, tips in any cash bar environment.
15. Uniforms And Linens.
The Contractor will provide and maintain linens and uniforms for all of its
employees. Any change from the existing type, color, style and dress code of
uniforms, including specialty uniforms designated to fit the exact nature of the
Center, shall be by agreement of the parties. The Owner will consider the
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Contractor to be the sole contact and responsible for the services it or its agents
provide. Additionally, the condition of the hygiene and appearance of
Contractor's employees is the Contractor's sole responsibility, notwithstanding
the fact the Owner shall have the right to comment on and, where necessary,
cause Contractor to insure that all employees meet minimum hygiene and
appearance standards.
16. Menus.
a. The Contractor shall strive to provide a high quality product at a
competitive price with other convention facilities similar to the Center. The
Contractor shall capture the highest menu prices possible for the Center's
market.
b. Quantities, portions, and prices of all food items and beverages for
catering, concession, and vending services hereunder shall be subject to prior
approval by the Owner. Only foods and beverages which are wholesome and of
the best quality, in the opinion of the Owner, shall be purchased and served by
the Contractor. Failure of the Owner to disapprove within 48 hours of a written
submittal by Contractor to Owner shall be considered to be approval of the
quantities, portions or prices included in the submittal.
c. Contractor, upon request of the Center Manager, shall prepare
appropriate sample menus for distribution to prospective users of the Center. All
menus shall include the food and beverages available, prices of such, and date of
distribution. All menus shall be subject to the approval of the Owner prior to
distribution and shall be used by the Owner for sales and marketing purposes.
d. Should the Contractor directly contract with a Center tenant for a
meal function, buffet and/or cocktail party or for providing any services in the
Center, Contractor shall forward within two (2) business days one (1) copy of the
completed Contract to the Owner. Such Contract shall list the various food and
beverages to be served, the approximate number of people involved, the services to
be provided, the prices of the various services, the total charges to be collected for
the function by the Contractor and the Owner's commission expected from the
transaction.
17. Procurement. Handling. And Sale Of Food And Beverages.
a. Except as otherwise provided in this Contract, the Contractor shall
sell those food and beverage commodities, products and/or articles which comply
with the Proposal and Section 16(b).
b. The Contractor will not sell food and beverage commodities,
products, and/or articles of inferior quality. This requirement does not require
the Contractor to rely exclusively on one seller or manufacturer's item(s), but
several manufacturers or sellers may be used or the Contractor's original source
may be changed in the interest of quality, competition and public appeal, as
required by the Owner.
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c. The Contractor shall sell only food and beverage commodities,
products, and/or articles that comply with all applicable federal, state and local
laws, acts, orders, and/or regulations.
d. The Contractor shall purchase, sell and feature locally produced
(Central Washington State) food and beverage commodities, products, and/or
articles as long as said wholesale prices are competitive with similar products
available on the open market.
e. The Contractor shall purchase food and beverage commodities,
products, articles, and operating supplies (i.e., uniforms, laundry service, paper
goods and detergents) from whatever source or sources that will establish and
effect procedures which assure the quality and quantity required at the most
economical prices, it being understood that the Contractor shall avail itself of all
lawful trade, cash, quantity discounts and rebates and all such discounts and
rebates, both local and national, are for the benefit of the Contractor. The
Contractor shall adhere to the Minimum Purchase Specification Requirements of
the Center provided in attached and incorporated Schedule 5. All such purchases
shall be in the Contractor's name and payment shall be made directly to the
supplier.
f. All food and beverage commodities, products, and/or articles received
by the Contractor for use in performing its obligations under this Contract shall
be inspected by the Contractor upon delivery for quality and quantity compliance
with its original order. The Contractor shall store all such food and beverage
items in proper areas in sanitary containers which are dated for effective rotation
of stock on a first -in, first -out basis. The Contractor shall cover all refreshments
and food exhibited for sale in showcases or other suitable containers. The
Contractor shall wrap all pre-packaged sandwiches, cakes and other similar
products in cellophane or similar transparent wrapping appropriate to the food
service industry.
g. Prices must be posted in displays on all stands and vendor's
equipment. Within thirty (30) days after execution of this Contract, the
Contractor shall submit a proposal for lighted price signs to be provided by the
Contractor for the written approval of the Owner based upon the price, quality,
size of letters, and propriety of any such lighted price signs.
h. If the Contractor desires to sell any food and beverage commodity,
product, and/or article not included in the approved price schedule, the
Contractor must first provide a written submittal to and obtain the written
approval of the Owner to sell such item. If the Contractor desires to substitute a
food or beverage commodity, product, and/or article listed in the approved price
schedule, the Contractor must first obtain written approval of the Owner for such
substitution. Failure of the Owner to disapprove within forty-eight (48) hours of
a written submittal by Contractor to Owner shall be considered to be approval of
the food and/or beverage additional or substitution.
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i. The sale of chewing gum, cigarettes, cigars, chewing tobacco,
matches, and any and all other tobacco related products by the Contractor under
this Contract is strictly prohibited.
18. Sale Of Alcoholic Beverages.
a. The Contractor shall obtain and maintain all federal, state, and local
permits and licenses required for the sale, service, and consumption of
intoxicating beverages, alcoholic beverages, and/or any fermented ale, wine,
liquor, or spirits under this Contract. The costs associated with the Contractor
obtaining all such licenses and permits shall be the sole responsibility of the
Contractor, provided, however, that Contractor is not responsible for making any
change or modification to the Center facilities required to obtain such a license.
b. The types of concession and catering activities, events, functions at
which wine, beer, or other alcoholic beverages are sold by the Contractor under
this Contract is subject to the prior approval of the Owner and subject to any
policies and procedures established by the Owner regarding such activities,
events, or functions. Contractor is not required to provide services if any Center
licensee, with the prior approval of the Owner, requires that its patrons be
allowed to bring alcoholic beverages upon the Center premises, but shall have the
exclusive first right to sell ice, cups, and non-alcoholic beverages, commonly
referred to as set-ups, and to levy corkage charge during such functions at a price
approved by the Contractor.
c. The Contractor must provide at its own expense an alcohol
awareness training program for its employees (i.e., TIPS, TEAMS, etc.) and provide
the Owner with complete information regarding such program.
19. Advertising.
The Contractor shall not advertise in any manner other than as approved
by the Owner. The Contractor shall have no right to use the trademarks,
symbols, trade name, or name of the Owner or Center, directly or indirectly, in
connection with any activity, event, function, promotion, production, service,
and/or publication without the prior consent of the Owner.
20. Food And Beverage Samples.
a. Contractor understands and agrees that food and beverage
commodities, products, and/or articles may be germane to a Center activity,
event, or function. As such, nothing in this Contract shall be construed to
prohibit a Center licensee/tenant from exhibiting any food and/or beverage
commodity, product, and/or article, or from dispensing free samples of food and
beverages, in connection with a Center activity, event, or function. The Center
Manager shall determine whether food and/or beverage samples are appropriate
for a Center activity, event, or function.
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b. Food and beverage samples will normally be restricted to the
following quantities:
• food sample -- 2 ounce portion
• beverage sample -- 4 ounces
Where it is appropriate for a Center activity, event, or function, the Center
Manager may authorize larger sample quantities.
21. Equipment And Smallwares.
a. The Owner will provide certain equipment to the Contractor for its
use in performing its obligations under this Contract. Said equipment is listed
on attached and incorporated Appendix C. The Contractor acknowledges that it
has inspected said equipment prior to execution of this Contract and that said
equipment is in good condition and repair, and is acceptable. The Contractor is
responsible for maintaining said equipment in good condition and repair. The
Contractor shall, at its expense, repair or replace any of said equipment that is
damaged during its operations under this Contract. Said equipment shall not be
removed from the Center premises by the Contractor without the written approval
of the Owner. At the termination of this Contract, the Contractor shall return
said equipment to the Owner in the same condition as existed at the inception of
this Contract, except for normal wear and tear, and will reimburse the Owner for
any of said equipment that is damaged or missing on the basis of replacement
value.
b. The Owner shall furnish, up to the quantity owned by the Owner and
available at the Center, tables and chairs to tenants for catered and special
events at the Center. All fee charges for the use of the Owner's tables, chairs,
and Center premises for catered events shall be retained by the Owner. The
Owner, at its option, may directly bill the tenant for said use fees or require the
Contractor to bill said use fees to the tenant and remit said fees to the Owner.
Said use fees shall not be included in the Contractor's gross revenues under this
Contract.
c. The Contractor shall, at its expense, furnish all tables, chairs,
smallwares, and other items necessary for any and all off-site catered activities,
events, or functions. Use fees charged and received by the Contractor shall be
included in Contractor's gross revenues to the extent allowed in Section 6 of this
Contract.
d. The Contractor shall supply all smallwares necessary to
accommodate 1,650 guests during its operations under this Agreement at such
time as the Phase I expansion has been completed to accommodate that number.
Said smallwares are listed in attached and incorporated Schedule 1. The
Contractor shall maintain its smallwares in good and presentable condition,
including ensuring that said smallwares are washed after each use to achieve
maximum cleanliness and sanitation. The Contractor's washing of glassware and
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cutlery must produce spotless drying. Contractor shall perform, at its expense, a
physical inventory of said smallwares on a quarterly basis. Contractor shall
provide the Owner with the results of each smallware inventory within five (5)
calendar days after the inventory is completed. The Contractor shall replace
missing or damaged smallwares within thirty (30) calendar days of the inventory.
The smallware replacement costs shall be deemed a controllable expense of the
Contractor. Said smallwares are and shall remain the property of the Contractor.
e. Except for the equipment listed on Appendix C and equipment
obtained with the equipment use fee specified in Section 5 of this Contract, the
Contractor shall provide any and all other equipment necessary to conduct its
operations and perform its obligations under this Contract. The Contractor shall
maintain, at its expense, such equipment in good condition and repair. The
Contractor shall, at its expense, repair or replace said equipment that is damaged
during its operation under this Contract. The Contractor shall be responsible for
any damage to its equipment during its operations under and/or term of this
Contract. The Contractor shall provide the Owner with an inventory of the
equipment it shall use on the Center premises prior to the commencement of its
catering, concession, and vending services and sales at the Center. Said
inventory shall be updated and kept current by the Contractor and a copy of the
updated inventory shall be available to the Owner upon request.
22. Maintenance. Repair And Sanitation.
a. The Contractor shall maintain, at all times, the Center kitchen,
storage areas, food and beverage preparation/service areas (including the area
within a twenty-five (25) foot radius of all mobile and fixed concession stands),
and all related equipment, fixtures, paraphernalia, material, utensils and other
items therein, in a clean, sanitary, and operable condition, and comply with all
applicable health and sanitation laws and regulations. The Contractor shall at
all times permit and facilitate inspection of its food and beverage service
operation under this Contract by the Owner, its representatives and by
authorized public authorities.
b. The Contractor shall be responsible for and shall repair any and all
damage to the Center kitchen, storage areas, food and beverage
preparation/service areas (including the area within a twenty-five (25) foot radius
of all mobile and fixed concession stands), other Center areas, and all related
equipment, fixtures, improvements, appurtenances, floors, walls, and other
property therein where said damage occurs during Contractor's use of the
respective Center area, reasonable wear and tear and damage due to fire or other
catastrophic loss excepted. At the termination of this Contract, the Contractor
may remove its own equipment, but will be responsible for leaving the on-site
facilities used by the Contractor under this Contract in the same condition as
existed at the inception of this Contract, reasonable wear and tear and damage
due to fire or other catastrophic loss excepted, and will reimburse the Owner for
damage to the on-site facilities used by the Contractor under this Contract for
which the Contractor is responsible.
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c. The Contractor shall follow and comply with the Sanitation
Regulations and Job Inspection requirements attached hereto and incorporated
as Schedule 6. The Contractor shall provide the Owner with a description of its
approach to sanitation practices and a description of its program used to train its
employees in proper sanitation procedures.
d. The Contractor shall provide a mechanical garbage compactor as part
of the Equipment Use Fee described in Section 5. The mechanical garbage
compactor shall be located in an area of the Center agreed upon by the Parties
and provided by the Owner. The Contractor shall transport all waste materials,
including grease, from the Center kitchen, storage areas, and food and beverage
preparation/service areas, including the area within a twenty-five (25) foot radius
of all fixed and mobile concession stands, to the compactor area. Such removal
shall be made during and after each Center activity, event, or function. The
Owner will provide for removal of waste from the Center.
e. The Contractor must not discharge any grease into the Center's
drains and must keep grease in containers for disposal by the Contractor. If the
Contractor fails to comply with this provision, any cost, charge or expense
incurred in opening, cleaning and/or repairing drains for such discharge will be
paid by the Contractor.
f. Contractor expressly agrees to comply with all codes, ordinances,
regulations and laws regarding environmental health and safety matters,
including the use and disposal of cleaning agents and the like.
g. In the event that the Owner deems that the Contractor's sanitation
services are unsatisfactory, the Owner reserves the right to contract for or provide
such sanitation services and charge the Contractor for said sanitation services.
This right is in addition to all other rights the Owner may have under this
Contract and the law as a result of Contractor's unsatisfactory sanitation
services.
23. Alterations And Modifications.
The Contractor shall obtain the written approval of the Owner prior to
making any alterations or modifications to or installation of equipment in the
Center kitchen, storage areas, and food and beverage preparation/service areas.
All approved alterations and modifications shall be constructed and completed in
a competent and skillful manner. All approved and completed alterations or
modifications to said areas shall become a part of the Center premises and shall
be the property of the Owner.
24. Rodent Control.
The Contractor shall engage and supervise exterminators to control rodents
and other vermin and pests as is necessary, but at least on a monthly basis.
Such extermination services shall be supplied in all areas where food and
beverage commodities, products, and/or articles are prepared, stored, and/or
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dispensed by the Contractor in performing its obligations under this Contract.
Documentation of such services shall be retained and provided to the Owner.
25. Affirmative Action.
a. Contractor understands that all labor contractors who are issued
permits to work within the Center are required to make a concerted effort to
employ a work force which is representative of the minority population of the City
of Yakima. To that end, the Contractor agrees to meet with the Owner within
fifteen (15) days after the award of the Contract and shall, within ninety (90) days
after said award, complete preparation of an affirmative action plan to achieve a
fully integrated work force, subject to approval by the Owner. Pertinent data
regarding minority populations within the City of Yakima shall be supplied by the
Owner.
b. The Owner may terminate this Contract and any other contract for
failure by Contractor or other labor contractor to demonstrate, without good
cause as determined by the Owner, compliance with or substantial progress
toward the goals set forth in the approved affirmative action plan. Prior to any
termination, the Owner shall give notice of noncompliance and a sixty (60) day
period thereafter within which to make progress toward compliance.
c. The Contractor will furnish all information and reports required by
the Owner, and will permit access to its books, records, and accounts by the
Owner for purpose of investigation to ascertain compliance with this section.
d. The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to sex, race,
color, religion, ancestry, or national origin.
e. The Contractor will send to each labor union or representative of
workers within which it has a collective bargaining Contract, a notice advising
the labor union of the Contractor's commitments under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
f. In the event of the Contractor's noncompliance with the
nondiscrimination clauses of this Contract, and after proper notice as described
in Section 25(b), this Contract may be canceled, terminated or suspended.
g. The Contractor will include the provisions of paragraphs "a" through
"d" in every subcontract, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the Owner may direct as a means of
enforcing such provisions; provided, however, that in the event the Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the Owner, the Contractor may request
Owner to enter into such litigation to protect the interests of the Owner.
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26. Nondiscrimination.
During the performance of this Contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or
applicant for employment because of race, sex, creed, color, or national origin.
Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
b. The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to sex, race,
color, religion, ancestry, or national origin.
c. The Contractor will send to each labor union or representative of
workers with which it has a collective bargaining Contract or other contract or
understanding, a notice to be provided by the agency contracting officer, advising
the labor union or workers' representative of the Contractor's commitments
under Section 202 or Executive Order No. 11246 of September 24, 1965, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
d. The Contractor will comply with all provisions of Executive Order No.
11246 of September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor.
e. The Contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules, regulations,
and order of the Secretary of Labor, or pursuant thereto, and will permit access to
its books, records, and accounts by the Center for purpose of investigation to
ascertain compliance with such rules, regulations, and orders.
f. In the event of the Contractor's noncompliance with the
nondiscrimination clause of this Contract or with any of such rules, regulations
or orders, this Contract may be canceled, terminated or suspended in whole or in
part and the Contractor may be declared ineligible for further government
contracts in accordance with procedures authorized in Executive Order No. 11246
of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order No. 11246 of September 24, 1965, or by
rules, regulations or orders of the Secretary of Labor, or as otherwise provided by
law.
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g. Prior to any such action, the Owner shall give notice of
noncompliance and a sixty (60) day period thereafter within which to make
progress toward compliance.
The Contractor will include the provisions of paragraphs "a" through "g" in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order No. 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the contracting agency may direct
as a means of enforcing such provision, including sanctions for noncompliance;
provided, however, that in the event the Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the contracting agency, the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
27. Taxes And Assessments.
The Contractor shall pay all license fees, assessments, taxes, and
deductions resulting from Contractor's performance of its obligations under this
Contract, including but not limited to all retail sales taxes on the products and
services provided hereunder by the Contractor, federal income tax, FICA, social
security tax, and assessments for unemployment and workers' compensation
insurance. In the event a tax or assessment is imposed against the Owner as a
result of the Contractor's performance of its obligations under this Contract, the
Contractor shall pay said tax or assessment before it becomes due.
28. Status Of Contractor.
Contractor is an independent contractor, and none of Contractor's
employees or agents shall be considered an employee of the Owner. Contractor
and Contractor's employees or agents shall make no claim of Owner employment
or claim any related employment benefits from the Owner, including but not
limited to medical benefits, worker's compensation, social security, and/or
retirement benefits. Contractor has no authority to nor shall Contractor
represent that it has authority to bind the Owner in any manner.
29. No Guarantee.
The Owner in no way promises or guarantees the number of Center
activities, events, or functions, or the level of attendance at same, or the sales,
payments, and revenues to Contractor resulting from Center activities, events,
functions.
30. No Conflict Of Interest.
Contractor represents that it and its employees do not have any interest
and shall not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of this Contract. Contractor further
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covenants that it will not hire anyone or any entity having such a conflict of
interest during the term of this Contract. Owner agrees that the ownership and
operation by Goodale and Barbieri Companies of competing facilities and
services, so long as it is not under the name of M & M Catering Services, does not
violate this Section 30.
31. Compliance With Law.
The Contractor shall procure all permits and licenses and pay all charges
and fees necessary and incidental to the lawful conduct of its catering,
concession, and vending sales and services under this Contract. Contractor
agrees to perform all of its obligations under and pursuant to this Contract in
full compliance with any and all applicable laws, rules, and regulations enacted,
adopted, or promulgated by any governmental agency, legislative body, or
regulatory body, whether federal, state, local, or otherwise.
32. No Insurance Provided By Owner.
The Owner does not maintain any insurance, liability or otherwise, for or
on behalf of the Contractor.
33. Indemnity, Hold Harmless, And Defense.
a. Contractor agrees to indemnify and hold harmless the Owner,
County of Yakima, the Bureau, their elected officials, officers, employees, agents,
and volunteers from and against any and all claims, demands, causes of action,
losses, damages, costs, liens, and liabilities, in law or in equity, of every kind and
nature whatsoever, directly or indirectly arising out of, relating to, or resulting
from Contractor's performance or nonperformance of this Contract; resulting
from or caused by the use and occupation of the facilities hereinbefore described,
whether such use is authorized or not; or from any act or omission of Contractor,
or any of its officers, agents, employees, contractors, subcontractors, guests,
patrons, or invitees.
b. Additionally, the Contractor shall, at its sole risk and expense defend
any and all suits, actions, or other legal proceedings described in Section 33(a)
which may be brought or instituted against the Owner, County of Yakima, the
Bureau, their elected officials, officers, employees, agents, and volunteers or any
claim, demand or cause of action described in Section 33(a), and the Contractor
shall pay and satisfy any judgment or decree which may be rendered against the
Owner, County of Yakima, the Bureau, their elected officials, officers, employees,
and agents in any suit, action or other legal proceedings described in Section
33(a).
34. Insurance Provided By Contractor.
Contractor shall, at its sole cost and expense, procure and maintain the
following types and limits of insurance through the term of this Contract:
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a. Commercial liability insurance on an occurrence basis subject to a
One Million Dollar ($1,000,000) per occurrence limit and Two Million Dollars
($2,000,000) aggregate. The policy shall contain a "Per Job Aggregate"
endorsement. The policy shall include Employers Liability (Washington Stop
Gap) coverage. The policy shall have a deductible of Five Thousand Dollars
($5,000) or less and the Contractor will be responsible for the payment of any
deductible amount. Higher retention or deductible limits may be acceptable on
prior approval by Owner. Such insurance shall be primary and noncontributory
with any other coverages, including the Owner's, and such insurance shall afford
immediate defense and indemnification of the Owner.
b. Commercial Automobile Liability insurance policy for any auto with
limits not less than One Million Dollars ($1,000,000) per occurrence, combined
single limit for bodily injury or death and property damage, including loading and
unloading operations.
c. Commercial Umbrella Liability insurance coverages shall be provided
in excess of the Commercial General Liability, Commercial Automobile Liability,
and Employer's Liability coverages with limits of no less than Five Million Dollars
($5,000,000) per occurrence. The deductible or self-insurance retention for this
coverage shall not exceed Ten Thousand Dollars ($10,000) per occurrence.
d. Special Form (All -Risk) insurance, providing one -hundred percent
(100%) replacement value, covering loss or damage to personal property both
owned by Contractor and owned, leased, or controlled by the Owner and provided
by the Owner for use by Contractor under the terms of this Contract located in
the Center. The deductible or self-insured retention for the All -Risk insurance
shall not exceed $5,000 per occurrence. The Special Form (All Risk) insurance
must include the following loss payee endorsement language:
THE CITY OF YAKIMA IS NAMED AS LOSS PAYEE AS TO ALL LOSS
OF PROPERTY OR DAMAGE TO PROPERTY OWNED, POSSESSED,
CONTROLLED, OPERATED OR LEASED BY THE OWNER.
e. Contractor, by executing this Contract, certifies that it is aware of
the provisions of Title 51 of the Revised Code of Washington (RCW) which require
industrial insurance coverage for employees, and certifies that it will comply with
such provisions before commencing performance of this Contract, and shall
present adequate evidence thereof to the Owner.
35. Additional Insurance Conditions.
a. All insurance policies shall be issued by an insurance company
authorized by law to conduct business in the State of Washington. Such
insurance company and policies are subject to the prior approval and acceptance
of the Owner and who has a current minimum rating of A -VII in Best's Guide.
b. The Commercial General Liability, the Commercial Automobile, the
Employer's Liability, and Employee Dishonesty Liability insurance policies
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required under this Contract must name the Owner, County of Yakima, the
Bureau, their elected officials, officers, employees, and agents as additional
insured with primary coverage, whether or not said entities and/or persons have
other insurance against any loss covered by said insurance.
c. The Contractor shall furnish a certificate of insurance as evidence of
coverage for each policy including the appropriate additional insured
endorsement. Each certificate shall provide that if the insurance policy is
canceled by the insurance company or Contractor during the term of this
Contract, the insurance company shall provide the Owner with sixty (60) days
written notice prior to the effective date of such cancellation. Under the
cancellation section of the certificate, the words "endeavor to" and "but failure to
mail such notice shall impose no obligation or liability of any kind upon the
company, its agents or representatives" should be crossed out. If requested by the
Owner, the Contractor shall furnish a complete copy of the insurance policy to
the Owner."
d. Unless expressly waived in writing by the Owner, Contractor shall,
throughout the term of this Contract, require all of Contractor's agents, licensees
or subcontractors providing a service at the Center to provide Contractor and the
Owner with certificates of insurance and insurance policies evidencing the same
type of Commercial General Liability, Workers' Compensation, Employers'
Liability, and Commercial Automobile Liability insurance coverages with the
same policy limits required of Contractor by this Contract. Said insurance shall
include the additional insured endorsement and the cancellation terms required
of the Contractor by this Contract.
e. Contractor's compliance with insurance coverage requirements shall
not be construed to relieve the Contractor from liability in excess of the
insurance policy limits.
f. The Contractor shall comply with any and all applicable insurance
and fire prevention laws, rules, and regulations, enacted, adopted, or promulgated
by any governmental agency, legislative body, or regulatory body, whether federal,
state, local, or otherwise.
36. Waiver Of Damage Claims And Subrogation.
Contractor, its officers, agents, employees and insurer(s) hereby waive any
right of recovery and release the Owner, its elected officials, officers, employees,
volunteers, agents, and assigns from any and all liability or responsibility,
including anyone claiming through or under them by way of subrogation or
otherwise, for any loss or damage which Contractor, its officers, agents,
employees and/or insurers may sustain incidental to or in any way related to
Contractor's catering, concession, and vending services/sales, and all other
operations under this Contract. Contractor shall obtain a written waiver of
subrogation from its insurance carrier(s).
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37. Performance Bond.
A Performance Bond issued by a professional surety company authorized to
do business in the State of Washington or letter of credit in the amount of One
Hundred Twenty -Five Thousand Dollars ($125,000) shall be executed and
delivered to the Owner and subject to approval of the Purchasing Agent within
ten (10) calendar days after execution of this Contract to insure the faithful and
full performance of all covenants, terms, and conditions of this Contract. Said
Performance Bond shall be maintained and kept in full force and effect by the
successful Contractor during the entire term of this Contract.
38. Assignment.
This Contract shall not assign, subcontract, transfer, hypothecate,
mortgage or otherwise encumber any right, duty, obligation, liability, claim, or
interest hereunder without the prior written consent of the Owner. In the event
that such an assignment, subcontract, or transfer is permitted by the Owner, the
assignee, subcontractor, or transferee shall assume all of Contractor's duties,
obligations, and liabilities under this Contract.
39. Removal Of Subcontractor.
If dissatisfied with the background, performance, and/or general methodologies of
any subcontractor, the Owner may request in writing that the subcontractor be
removed. The Contractor shall comply with this request at once and shall not
employ the subcontractor for any further work/services under this Contract.
40. Subordination.
This Contract and everything herein contained shall be subordinate to any
ground and underlying lease or leases and to any charge or charges (including
deeds of trusts, mortgages, bonds, and all instruments supplemental thereto) and
all renewals, modification, consolidations, replacements and extensions thereof
created by the Owner in respect to the Center and the Contractor hereby
covenants and agrees that it will at any time and from time to time as required by
the Owner during the term hereof and any extension or renewal, give all such
further assurances relative to this proviso as may be reasonably required to
evidence and effectuate this subordination of its rights and privileges hereunder
to the holder or holders of any such ground and underlying lease or leases and
charge or charges (including deeds and trusts).
41. Payment For Utilities.
The Owner shall provide gas, electrical, and water services at the Center for
use by the Contractor in performing its obligations under this Contract; provided,
however, that the services directly related to the Center kitchen facility will be
separately metered and directly billed by the utility to the Contractor.
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42. Waiver Of Bureau Liability.
It is understood by Contractor that the Bureau is a lessee of the Center
and that all agreements, contracts, and licenses are subject to the terms and
conditions of the Bureau's lease with the Owner. Should that lease be
terminated or expire or should the Bureau be unable to perform any of the
conditions or covenants of its lease provisions with the Owner, then, to that
extent, the Contractor waives any liability of the Bureau to Contractor.
43. Default Or Breach.
Each of the following events constitutes a default or breach of this
Contract by Contractor:
a. If Contractor files a petition for bankruptcy, insolvency, or
reorganization under any bankruptcy act/law, or shall voluntarily take advantage
of any such act/law by answer or otherwise, or shall make an assignment for the
benefit of creditors.
b. If involuntary proceedings under any bankruptcy or insolvency
act/law is instituted against Contractor, or if a receiver or trustee is appointed to
administer Contractor's affairs, and such proceedings are not dismissed or the
receivership or trusteeship vacated within sixty (60) days after the institution or
appointment.
c. If the Contractor fails to timely pay the Owner any minimum or
commission required under this Contract and such failure continues for a period
of ten (10) days after written notice of the failure by the Owner to Contractor.
d. If the Contractor fails to perform, keep, and/or observe any of the
terms, covenants, conditions, and/or obligations of this Contract, and the failure
continues for a period of thirty (30) calendar days after written notice of the
failure is provided by the Owner to the Contractor, or if the failure cannot be
reasonably corrected/remedied within the thirty (30) calendar day period, the
Contractor does not in good faith commence correction/remedy within the
thirty (30) calendar day time period and does not diligently proceed to completion
of the correction/remedy.
e. If the Contractor vacates or abandons the Center premises and its
catering and concession service under this Contract.
44. Effect Of Default Or Breach.
In the event of any default or breach of this Contract, the Owner has the
following options:
a. The Owner may, in its discretion, terminate this Contract upon
giving the Contractor five (5) calendar days written notice of termination. The
Contractor shall be liable to the Owner for all damages, losses, expenses, and
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costs suffered by the Owner as a result of the Contractor's breach/default which
are in excess of those which Owner would incur if Contractor terminated the
Contract under Section 45.
b. After termination, the Owner may, in its discretion, enter into a
catering and concession contract for the Center with another party. In such
case, the Contractor shall be liable to the Owner, in addition to all other
damages and/or losses caused by the Contractor's breach, for all expenses and
costs incurred by the Owner in obtaining another party to perform catering and
concession sales and services at the Center which are in excess of those which
Owner would incur if Contractor terminated the Contract under Section 45. The
Contractor shall also be liable to the Owner for the difference in minimums
and/or commissions received by the Owner under the new catering and
concession contract and the minimums and/or commissions due from the
Contractor to the Owner during the same period under this Contract which are in
excess of those which would result if Contractor terminated the Contract under
Section 45.
c. The Owner may, in its discretion and without notice, enter the
Center premises immediately and remove any property of the Contractor, and
store the property in a public warehouse or other place selected by the Owner, at
the expense of the Contractor. If the Contractor has not paid the removal and
storage expenses of the Owner within thirty (30) calendar days of removal, the
property shall become the property of the Owner. The Owner may, in its
discretion, dispose of the property in any manner without payment or
reimbursement to the Contractor.
d. Upon termination, the Owner may, in its discretion, require the
Contractor to remove any and all improvements, fixtures, facilities, and
structures, constructed or placed on the Center premises by the Contractor, title
to which has not vested in the Owner, and restore the Center premises and leave
such in the same condition as existed at the time of commencement of this
Contract, complete with all of Owner's equipment, furnishings, and fixtures
inventoried at the time of commencement of this Contract.
e. Upon termination for default or breach of this Contract, Contractor
is not entitled to any reimbursement of, and waives any claim or interest in, the
equipment use fee specified in Section 5.
f. The Owner may, in its discretion, assert any other remedy, means, or
claim provided in law or equity as a result of Contractor's default or breach of
this Contract.
g. The Owner may, in its discretion, utilize any combination of the
above options. All rights and remedies of the Owner under this Contract are
cumulative and not alternative.
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45. Termination Without Default Or Breach.
a. The Owner or Contractor may terminate this Contract, where no
default or breach of the Contract has occurred, by giving the other respective
party sixty (60) calendar days written notice of termination. Upon termination of
this Contract, through passage of time or otherwise, Contractor shall assist
Bureau and Owner in a transfer of the operations within sixty (60) calendar days
after notification of termination.
b. Upon such termination by the Owner, the Owner shall pay the
Contractor an amount equal to the unamortized value of the Use Fee Equipment
specified in Section 5 based upon straight line amortization over one hundred
twenty (120) months. Upon such termination by the Contractor, the Contractor
agrees and acknowledges that it is entitled to no reimbursement of, and waives
any claim or interest in, the Use Fee Equipment specified in Section 5.
c. Upon such termination by either party, and at the Owner's election,
Contractor agrees to sell any or all of the Contractor's movable fixtures and
equipment installed or used upon the Center premises. In the event Owner elects
to purchase any or all of said fixtures or equipment, then Owner shall notify
Contractor in writing at least twenty (20) calendar days prior to termination of
this Contract. In the event Owner exercises its option to purchase any or all of
said business fixtures and equipment, the purchase price shall be the fair market
value of such items at the date of such termination. If the parties are unable to
agree upon the fair market value, each party shall appoint one qualified appraiser
and the two appraisers shall determine the fair market value of such items, which
determination shall be final and binding upon the parties. The cost of these
appraisers shall be shared equally by the Owner and Contractor.
d. Upon termination, the Owner may, in its discretion, require the
Contractor to remove any and all improvements, fixtures, facilities, and
structures, constructed or placed on the Center premises by the Contractor, title
to which has not vested in the Owner, and restore the Center premises and leave
such in the same condition as existed at the time of commencement of this
Contract, complete with all of Owner's equipment, furnishings, and fixtures
inventoried at the time of commencement of this Contract.
46. Non -Waiver.
Any waiver of the Owner of any default or breach of this Contract by the
Contractor must be express and in writing. No waiver shall be implied or inferred
from any action or inaction of Owner. Waiver of the Owner of any default or
breach of this Contract by Contractor does not constitute a waiver of any other
and/or subsequent default or breach of this Contract by Contractor.
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47. Severability.
It is understood and agreed that if any part of this Contract is held to be
illegal or invalid, the validity and enforceability of the remaining provisions shall
not be affected.
48. Modification.
No change, modification, amendment, and/or addition to this Contract
shall be valid or binding upon either party unless in writing executed by both
parties.
49. Section Or Paragraph Headings.
All section and paragraph headings are for quick reference and convenience
only and do not alter, amend, explain, or otherwise affect the terms, covenants,
and conditions of this Contract.
50. Notices.
Unless stated otherwise herein, all notices and demands under and related
to this Contract shall be in writing and shall be considered given when received
by parties as follows:
TO OWNER:
TO CONTRACTOR:
WITH COPY TO:
Purchasing Agent
City of Yakima
129 No 2nd St.
Yakima, WA 98901
Goodale and Barbieri Companies
Attn: Chief Operating Officer
201 W. North River Drive., Suite 100
Spokane, WA 99201
M & M Catering Services
Attn.: Manager
10 No. 8th St.
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid. Such notices shall be deemed effective when mailed or hand delivered at
the addresses specified above.
Page 28 of 29
cls)agr/cnvtn cntr modified3fin.pm
51. Governing Law.
This Contract shall be governed by and construed in accordance with the
laws of the State of Washington.
52. Venue.
The venue for any action to enforce or interpret this Contract shall lie in
the Superior Court of Washington for Yakima County, Washington.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to
be executed this day of t)ee , 19 t..
CITY OF YAKIMA
By:
GOODALE AND BARBIERI COMPANIES
COMPANIES, a Washington corporation,
d/b/a M & M Catering Services
F Yt
By:
R. A. Zags, Jr:', City Manager Its: �-� ° . e
ATTEST:
City Clerk
'SES : � M•Rl 40.
STATE OF WASHINGTON )
:ss.
County of S,y oEctV\' )
On this day of D e c e 6 (-r- , 1996, before me the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared r - v , the Vice 'res C.C.C. of
Goodale and Barbieri Companies, a Washingtoh corporation, d/b/a M & M
Catering Services, and who executed the foregoing instrument, and acknowledged
to me that h e signed and sealed the said instrument as /115 free and voluntary
act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate abov it
....r
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•
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11111
Page 29 of 29
(is)agr/cnvtn cntr modified3fin.pm
•`OVARY PUBLIC in and fdr the State of
Washington, residing at .10 c= k
My commission expires: 0 /17 9 .
TravelersInsurancee I
A member of citigroup
SURETY BOND RIDER
TO: CITY OF YAKIIVIA
129 N 2ND ST
YAKIMA, WASHINGTON 98901
RE: Bond Principal: CAVANAUGHS HOSPITALITY CORPORATION dba - M & M CATERING SERVICES
Obligee: CITY OF YAKIMA
Surety Co United Pacific Insurance Co.
Surety Bond Number 1129192410000
Bond Amount: $125,000.00
Type of Bond: Concession and Vending Services
The purpose of this Rider is to:
[X] CHANGE BOND NUMBER
[X]
Upon execution of this Surety Bond Endorsement by all parties hereto, surety bond number 1129192410000 is changed to
055 S 103555968 BCM .
CHANGE SURETY COMPANY
Effective May 03, 2001 Travelers Casualty and Surety Company of America("Travelers") replaces United Pacific
Insurance Co.("Reliance") as surety on the above referenced bond and, accordingly, agrees to be bound by the terms of the
above -referenced bond and to perform all of Reliance's obligations thereunder as if the above -referenced bond had
originally been issued by Travelers. The termination of liability under the Reliance bond is a condition precedent to the
change of surety. Upon execution of this Surety Bond Endorsement by all parties hereto, Reliance shall have no further
obligation or liability under the above -referenced bond.
0 CONTINUATION CERTIFICATE
This certificate extends the life of the bond to . It is executed upon the express condition that the surety's liability
under said bond, together with this and all previous continuation certificates, shall not be cumulative and shall in no event
exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond.
Signed, sealed and dated February 02, 2001.
Travelers Casualty and Surety Company of America
WZMACIA'''
By: By:
Joseph P. Kiernan, Executive V. Pres.
United Pacific Insurance Co.
S-53530 6/00
George W. Thompson, Attorney -in -Fact
Travelers Casualty and Surety Company of America, Hartford, Connecticut 06183
Travelers Casualty and Surety Company, Hartford, Connecticut 06183
Farmington Casualty Company, Hartford, Connecticut 06183
Please direct any questions or correspondence to: Travelers Bond, 707 West Main Street, SPOKANE, WA 99201
Attn: Kimberly K McMacken , (509) 835-7550, Fax (509) 835-7566
RESOLUTION NO. R-96- 174
A RESOLUTION authorizing the City Manager and the City Clerk of the City of
Yakima to execute a concessionaire agreement between the City of
Yakima and Goodale and Barbieri Companies, d/b/a M & M Catering
to obtain catering and concession services at the Yakima
Convention Center.
WHEREAS, the City of Yakima desires catering and concession services at the
Yakima Convention Center; and
WHEREAS, the City does not have the staffing levels or the specialized expertise
necessary to provide said services; and
WHEREAS, the City has previously entered into a Concession and Catering
Agreement with M & M Catering Services, Inc. for said services but said Agreement
will expire in January 1997; and
WHEREAS, the City requested proposals from parties interested in providing
said services; and
WHEREAS, Goodale and Barbieri Companies, d/b/a M & M Catering, was the only
proposer and was selected by the City to provide said catering and concession
services; and
WHEREAS, Goo• ale and Barbieri Companies, d/b/a M & M Catering, is willing to
provide said services in accordance with the terms and conditions of the attached
Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to contract with Goodale and Barbieri Companies, d/b/a M & M Catering, for said
services in accordance with the terms of the attached Agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute
a contract in substantially the same form as the attached and incorporated
Concession and Catering Agreement with Goodale and Barbieri Companies, d/b/a M &
M Catering, for the purpose of obtaining catering and concession services at the
Yakima Convention Center. The final Agreement shall be approved as to form by the
City Attorney.
ADOPTED BY THE CITY COUNCIL this 17th day of December , 1996.
KID: KAREN S. R48EH7�
City Clerk
(1s)res/concesson.pm
8/ LYNN K. BUCHANAN
Lynn Buchanan, Mayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 12/17/96
ITEM TITLE: Concession and Catering Agreement between the City of Yakima and
Goodale and Barbieri Companies, d/b/a M & M Catering.
SUBMITTED BY: Glenn Rice, Assistant City Manager
CONTACT PERSON/TELEPHONE: Glenn Rice, Assistant City Manager/575-6123
Sue Ownby, Purchasing Agent/576-6695
Paul McMurray, Assistant City Attorney/575-6030
SUMMARY EXPLANATION: For several years the City has contracted with M & M
Catering Services, Inc. for catering and concession services at the Yakima Convention
Center. The current agreement with M Sr M Catering will expire in January 1997.
Catering and concession service proposals were requested from interested parties.
Goodale and Barbieri Companies, d/b/a M & M Catering, was the only proposer and was
selected to provide catering and concession services at the Yakima Convention Center.
Goodale and Barbieri Companies, d/b/a M & M Catering, is willing to provide said
services in accordance with the attached contract. This proposed catering services
agreement with the Barbieri Company conforms with the City's R.F.P. for the
Convention Center Food and Beverage Services Contract issued in February, 1996. (See
Attachment "A".)
Resolution X Ordinance Contract X Other(Specify)
Funding Source
-�
APPROVED FOR SUBMITTAL: �� _��
--City Manager
STAFF RECOMMENDATION: Pass resolution authorizing execution of contract.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. Resolution No. R-96-174
(is)agenda/concession.pm
A PROPOSAL
FOR THE
MANAGEMENT OF
FOOD SERVICES AT
YAKIMA CENTER
BY
M & M CATERING SERVICES
A DMSION OF
GOODALE k
BARBIERI
COMPANIES
EXHIBIT. A
&GOODALE &
BARBIERI
COMPANIES
April 4, 1996
Mr. Dick Zais
City Manager
City of Yakima
129 N 2nd Avenue
Yakima, WA 98101-2515
Dear Mr. Zais:
On behalf of the staff and management of M and M Catering, thank you for this opportunity to '°°D
submit the following proposal for the Food and Beverage Services Contract at the Yakima Convention 819466"°167
Center. We firmly believe we are the one of the finest food service and hospitality companies in the
Northwest, and it has been our pleasure over the past 19 years to serve the City of Yakima
Our company is excited to be a part of the expansion of the Yakima Center, and feel that the
knowledge and expertise that has been developed over the past years as your Service Contract
Provider gives us an advantage. We look forward to providing these talents as part of your
management team as we contribute to the successful future of the Yakima Center.
Sincerely,
. Coffey
ice President and Chief Operating Officer
Goodale and Barbieri Companies
W. 201 North River Drive
• Spokane, Washiastoa 99201 • (509) 459.6100 • FAX (509) 325-7324
Goodale & Barbieri Companies
(G&B), founded in 1937, is a diversi-
fied company providing high qual-
ity products and services throughout
the Inland Northwest. Goodale &
Barbieri Companies has six primary
business areas;
COMMERCIAL AND
RETAIL PROPERTY
DIVISION
Goodale & Barbieri Companies
is the largest developer and manager
of retail space in the Inland North-
west, with projects in Washington,
Idaho, and Montana totaling over
three million square feet of office and
retail space. The Commercial and
Retail Division staff includes leasing
agents, property managers, and
building engineers providing full-
service management for a variety of
properties.
G&B has been responsible for
major redevelopment of downtown
Spokane, induding development of
River Park Square and securing the
first Nordstrom to be located outride
of the greater Seattle area. Other Spo-
kane properties managed and leased
by G&B include Washington Trust
F'utandal Center, the IBM Building,
and the Lincoln Building. Recently,
Goodale & Barbieri purchased
Spokane's historic 260,000 square
foot Crescent Building, formerly
home to the Frederick and Nelson
department store, and has developed
this landmark into prime downtown
mixed use space.
In Kalispell, Montana, G&B
manages the twenty-six acre mixed
use Kalispell Center Mall. This
300,000 square foot development
is connected to the 132 room
Cavanaugh's at Kalispell Center Ho-
tel operated by the G&B Hospitality
Division. G&B was awarded the
'Certificate of National Merit' from
the U.S. Department of Housing and
Urban Development for this 1986
development
As manager of University Qty,
a 425,000 square foot shopping mall
located in the Spokane Valley, G&B
began redevelopment of the mall in
■
1994. The mall will be repositioned
to house 600,000 square feet of retail
space, including five major indict
tenants.
in April, 1993, G&B purchased
McCarthy Management and Devel-
opment Company, which it operates
as a wholly-owned subsidiary. Awell
established company specializing in
development of retail centers in the
Northwest, McCarthy's develop-
ments have included three regional
centers, and over 30 strip centers and
fret standing buildings for national
tenants. With this acquisition, G&B
also assumed management and leas-
ing of the 500,000 square foot Palouse
Empire Mall in Moscow, Idaho.
CRESCENT COURT was redevel-
oped by G&B in 1994. The historic
Crescent Building is once again the
focal point of downtown Spokane.
This development includes five acres
of innovative mixed -cue space con-
- • bining retail, office, convention, and
exhibition facilities. The Crescent
Court showcases upscale retail spe-
dalty shops and a food court on the
first two levels of the building, an
18,000 square foot Exhibition Hall for
consumer shows and convention
events on the lower level, and a
Grand Ballroom with the apadty to
seat 1300 people for gala banquet
events on the third leve. Floors four
through seven offer tenants first dass
office space in a downtown setting.
This unique blend of services pro-
vides the over 1.5 minion annual Spo-
kane visitors a one-stop shopping and
entertainment experience in the
heart of the dry.
RESIDENTIAL
PROPERTY DIVISION
For over 20 years, Goodale &
Barbieri has been the leader in pro -
Wing quality low-income housing to
the Inland Northwest The Residen-
tial Division currently manages over
1,100 units in 15 complexes with
many of those units rent subsidized.
On behalf of Catholic Charities, the
company has developed and man-
ages low-cost housing for the elderly
la Spokane, Pullman, and Wills
walla, Washington. Other projects
managed include the highly sums.
ful 20 -story Park Tower Apartments,
family oriented Mt. Vernon Terrace,
and the retirement communities of
Rockwood Lane and Rockwood Lane
Court - both non-profit and devel-
oped for the Catholic Diocese by
G&B
Currently under development
In Spokane is Riverpoint Village, a
residential community located on
the southern shore of the Spokane
River. Near downtown, this complex
will indude 123 attached single-fam-
ily homes and townhouses. These
will have spacious courtyard grotmds
and a focus on the river and the rec
reational Cemennial Trail. Comple-
tion of the first phase took place in
1994.
HOSPITALITY --
The Hospitality Division of
Goodale & Barbieri Companies is
comprised of six full-service
Cavanaugh's Inns. Combined,
Cavanaugh's six locations provide
1,249 rooms in Washington and
Montana.
CAVANAUGH'S RIVER INN,
opened in 1976, was the first
Cavanaugh's Lm developed by G&B.
A resort -style hotel along the Spo-.
kane River, Cavanaugh's River Ian
features 241 guest rooms, a full-ser-
vice restaurant, entertainment
iounge,.and mating and banquet
fadiities for up to 275 people.
CAVANAUGH'S INN AT THE
PARK, located in Spokane, Wash-
ington, opened in 1983. A seven
story Executive Wing expansion was
added in 1986. his the largest of
the seven Cavanaugh's Inns, and fs
considered Eastern Washington's
and Spokane's finest lodging fadiity.
In June, 1993, the 12 story Parkside
Tower was completed featuring 136
guest rooms, a 4,000 square foot top
floor Skyline Bafroom, and an ex-
panded ballroom foyer. This addi-
tion makes the inn at the Park the
• •
largest hotel conference facility in
the Inland Northwest. The property
has 402 deluxe guest rooms (with 32
distinctivly different room types),
two restaurants, two lounges, and
meeting and banquet facilities to
accommodate up to 1,500 people.
CAVANAUGH'S FOURTH
AVENUE was acquired by G&B
Companies in 1991. It is located in
the heart of Spokane, adjacent to the
medical community, downtown
business, and shopping districts.
Cavanaugh's forth Avenue offers
150 ovemight guest rooms, a full-ser-
vice restaurant and lounge, as well
as complete banquet facilities, ac-
commodating up to 125 people.
CAVANAUGH'S AT KALISPELL
CENTER, located in Kalispell, Mon-
tana, is part of the 1986 Kalispell
Center Project. Connected to the 50 -
store, 300,000 square foot Kalispell
Center shopping mall, the property
offers 132 deluxe rooms, a restaurant
and lounge, and meeting and ban-
quet facilities for up to 750 people.
CAVANAUGH'S AT COLUMBIA
CENTER in Kennewick, Washing-
ton, was the third hotel developed
by G&B and was opened in 1978.
Situated in the heart of the Tri -Cites,
and bordered by the Columbia Cen-
ter Mall and the 6,000 seat Tri -Cities
Coliseum, this 162 room hotel also
has a full service restaurant and
lounge, and meeting and banquet
facilities for up to 1,000 people.
CAVANAUGH'S AT YAKIMA
CENTER, acquired by Goodale &
Barbieri Companies in 1991, is lo-
cated in the heart of the business and
retail district of Yakima, Washing-
ton. Adjacent to the Yakima Con-
vention Center and near the Yakima
Sundome, this 160 room hotel fea-
tures a full-service restaurant and
lounge, as well as complete meeting
and banquet facilities for up to 350
people. The attached convention
center also provides over 18,000
square feet of meeting and exhibit
space, and can accommodate up to
1,000 people.
ENTERTAINMENT
AND RECREATION
G&B PRESENTS Is dedicated to
providing quality Broadway shows
and sports entertainment in the
Inland Northwest. 'Cats', 'Les
Miserables', and 'Fiddler on the
Roof' have been just a few of the 130
performances brought to the Spo-
kane Opera House. G&B Presents is
in the eighth year of its Spokane
Broadway Series, which has played
to nearly 300,000 people. It also pre-
sents Broadway shows in Portland,
Oregon.
G&B SELECT -A -SEAT is a full ser-
vice ticket agency offering a state-of-
the-art computerized outlet and box
office ticket distribution system.
G&B Select -a -Seat presently has 20
outlets in Washington, Idaho, and
Montana. It also offers a nationwide
and Canadian toll-free charge -by -
phone service. The company is the
exclusive vendor for all entertain-
ment tickets for the City of Spokane
and Washington State University fa-
cilities. Presently, G&B Select -a -Seat
distributes approximately one mil-
lion tickets annually, produces and
distributes a monthly Entertainment
Guide, and maintains an entertain-
ment information phone system.
HUCKLEBERRY BAY COMPANY
is a wholly-owned subsidiary of
Goodale & Barbieri Companies.
Huckleberry Bay Company is the
owner and developer of 1,600 acre
Huckleberry at Priest Lake, a family
oriented, low density recreational de-
velopment with four miles of lake
frontage.
FOOD DIVISION
BROADVIEW DAIRY, purchased
in 1991, produces, packages, and dis-
tnl utes fresh, quality dairy products
under the Broadway Dairy label,
along with other major grocery and
warehouse brands. This full service
dairy manufacturing and distribu-
tion firm has operated from the same
building since 1910, and processes
over two million pounds of milk
product each week. Broadview Dairy
•
distributes throughout Eastern Wash-
ington. Northern Idaho, and North-
east Oregon. In 1993, G&B opened
the Broadview Dairy Museum depict-
ing the history of milk production
throughout this century.
M&M CATERING was acquired by
Goodale & Barbieri Companies In
1991. Located in Yakima, Washing-
ton, M&M Catering contracts its high
quality food services to the 18,000
square foot Yakima Convention Cen-
ter. M&M Catering also caters to
offsite locations such as Yakima's
Sundome and Fairgrounds.
MARKETING
DIVISION
G&B ADVERTISING is an in-house
agency that provides Goodale &
Barbieri Companies with the advan-
tages of a full-service advertising
agency. The full-time staff provides
graphic design, media buying, public
relations, marketing and research,
copywriting and production services.
Specialized work is also done for out-
side clients consisting principally of
promoters and presentee utilizing the
ticket services of G&B Selects -Seat
THE 800 CENTER provides room
reservations, entertainment tickets
charged by phone, event information,
and ski lift tickets 24 hours a day. The
800 Center toll-free services are pro-
vided nationally and in Canada.
Clients include a variety of companies
such as Schweitzer Ski Resort,
Silverwood Theme Park, Red Moun-
tain Sld Resort, Cavanaugh's Inns, and
G&B Select -A -Seat.
GooDALE &
BARBIERI
COMPANIES
W. 201 North Riva Drive
Spokane, Washington 99201
(509)459-6100 • FAX (509)325-7324
TABLE OF CONTENTS
SCHEDULE "A"
The Yakima Convention Center
Food and Beverage Services Proposal
SCHEDULE "B"
Business Questionnaire
SCHEDULE "C"
Proposal Form
SCHEDULE "D"
Menu Details - Food and Beverage Functions
and Facilities
SCHEDULE "E"
Additional Information
SCHEDULE "F"
Comments on Food and Beverage Services Contract
SCHEDULE "G"
Sample Food and Beverage Services Contract
APPENDIX A
Affidavit
APPENDIX B
Selected Data
APPENDIX C
Food Service Equipment List
APPENDIX D
Food Service Facilities Drawing and Expansion Plans
ADDENDUM A -C AND E-0
SCHEDULE "A"
The Yakima
Convention Center
Food and Beverage
Services Proposal
1.
SCHEDULE "A"
PROPOSAL NO. 19601
THE YAKIMA CONVENTION CENTER
CONCESSIONS. DINING. FOOD AND BEVERAGE FACILITIES
FOOD AND BEVERAGE SERVICES PROPOSAL
IAE Goodale and Barbieri Companies, D.B.A. M & M Catering
Having examined the Food and Beverage Services Contract. do hereby offer and agree to furnish
the food and beverage services described in Schedules "A" through "G" inclusive at the prices
stated therein.
Goodale and Barbieri Companies, D.B.A. M & M Catering has received. reviewed. and
ares io Addenda (s) . and
If successful. Goodale and Barbieri Companies, dba MSM CatergAare to sign TEE
ATTACHED Food and Beverage Services Contract in its present form.
Submitted by:
Address:
--7(--:-2-2_,
Goodale and Barbieri
(Company Name)
West 201 North River Drive
Spokane, Washington 99201
Art offey, Vice President & C.0.0.
Authorized Agent or Officer)
(Authorized Agent or Officer)
16
SCHEDULE "B"
Business
Questionnaire
I.
SECRETARY'S CERTIFICATE
(Applicable to all Corporations)
•
Shannon E. Kapek
Goodale and Barbieri Companies
being
the/assist:et
secretary
hereby certify that
the proposal submiaed, has been authorized by the board of directors of said corporation, and that
the above signatures are those of the duly authorized agents and/or officers of same
4/3 1996
( RPORATE SEAL)
r
Subscrtbed and swom'to me this
3 4.` day of eLL . 1996
Notary Public in and for the State of
Washing.ton. residing. at hs
My commission expires
ATTEST:
C
````,t%�ttt\1.! Shannon E. Kape
• gyp... Secretary
- (t-•- - -lA
J _ e_—''
= ,,,OPF41:1,1-%:::"%.
lib_ /-iiiiiiiiiit
Karen S. Roberts. City Clerk
17
CERTIFICATION OF MINUTES
OF
GOODALE AND BARBIERI COMPANIES
To whcm it may concern:
The undersigned, being a corporate secretary of Goodale and Barbieri Companies
(`Corporation"), hereby certifies that the following resolution was adopted and ratified at
meeting of the Board of Directors of the Corporation duly held pursuant to notice on February
27, 1996:
RESOLVED:
That the Corporation, in response to a request for proposals from the City of Yakima,
authorizes Arthur M Coffey, in his capacity as Vice President and Chief Operating Officer of
the Corporation, to execute and deliver all documents required to propose the terms upon
which the Corporation, doing business as M and M Catering Services, would enter into a
Food and Beverage Services Contract for Concession and Catering Proposal No. 19601 for
the Yakima Convention Center, Yakima, Washington with the City of Yakima to be delivered
on or before April 5, 1996; and further authorizes said officer to execute and deliver all
documents required to implement such Contract.
Certified by
Goodale and Barbieri Companies
Very trail
Richard :ar•ieri
Vice President &
General Counsel
Its Secretary
INFORMATION TO BE FURNISHED WITI-! PROPOSAL:
PLEASE PRINT OR TYPE IN BLANK SPACES
Date Submitted:
Submitted by:
Proposer is: (a)
If proposer is an
individual, fill
in Para. (a) only.
If proposer is a
partn=.rship, till
in Para. (h) only.
April 5, 1996
Goodale & Barbieri, DBA M & M Catering
(Full Name)
(Street. City and Zip)
and is sole owner of. and doing business as:
(Trade Name)
OR (h) A commercial partnership composed of the following partners:
(Give Names and Address of all Proposers)
doing business as:
(Trade Name)
domiciled au
(Street, City and Zip)
In the state of:
20
1
and which contract will be signed by:
Art Coffey Vice President/C.O.O.
(Name of Partner) (Title)
A member of the co -partnership.
Additionally, please submit a copy of the partnership agrwnent and
a partnership certification evidencing the existence of the partnership
and the authority and incumbency of the person signing on behalf of
the partnership.
OR (c) A corporation organized under the laws of the state of
Goodale and Barbieri DBA M & M Caterincr , domiciled
if bidder is a at: West 201 North River Drive
corporation fill
in Para (c) only. Spokane, Washington 99201
(Street. City and Zip)
and authorized to do business in the state of Washington and which
Contract will he signed by:
Art Coffey, Vice President/C.O.O.
(Name of Officer) (Title)
Officer who signs contract for successful bidder must furnish
Notary with an extract of minutes of corporation's Board of
Directors showing his authority to act for the corporation.
Additionally, the corporation should submit an officer's certificate
containing a copy of the current minutes of the corporation
authorizing the corporation and the individual officer to act and
stating the incumbency of the acting officer.
3. The following named surety company authorized to do and doing business in the state of
Washington, will execute the bond as surety for the proposer.
United Pacific Insurance
P.O. Box 2251 Spokane, WA 99210
(Name and Address of Surety)
The following named bank domiciled in the state of Washington will furnish an irrevocable
letter of credit in lieu of surety bond:
(Name and Address of Surety)
UNITED PACIFIC INS CE COIL AN'Y'
HOME OFFICE. PHILADELPHIA, PENNSYLVANIA
KNOW ALL
as Principal,
Philadelphia,
Pennsylvania,
Bond No.
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A310 (FEB. 1970 EO.)
MEN BY THESE PRESENTS, that we GOODALE & BARBIERI COMPANIES DBA
M & M CATERING SERVICES
hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of
Pennsylvania, a corporation duly organized under the laws of the Commonwealth of
as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF YAKIMA
as Obligee, hereinafter called the Obligee, in the sum of TEN THOUSAND AND NO/100 DOLLARS
Dollars ($10000.00 ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for FOOD AND BEVERAGE SERVICES
PROPOSAL NO. 19601
YAKIMA CONVENTION CENTER
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this
(witness)
5th day of APRIL A.D. 19 96
GOODALE & BARBIERI COMPANIES
DBA M & M CATERING SERVICES
(Principal) (Seal)
£/t e P. • c01. 4- C. D . V.
(Title)
UNITED PACIFIC INSURANCE COMPANY
C RLA HOLT -ATTORNEY IN FACT
THEFAc>E.OFTHISUOcUMENT:HASAcO' REUBACKGROUNDONcwNITEPAPEIV.
RELIANCE SURETY COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. that REUANCE SURETY COMPANY is a corporation duly organized under the Taws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duty organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called the Companies") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Carla Holt, George C. Schroeder, Linda Tichey, Joanne Tonani, Wm. Dinneen, Lois Stewart. Christine L. Larson. W.W.
Weller, Richard W. Merrill, of Spokane. Washington their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their
behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same
extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies
and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance
hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of REUANCE SURETY COMPANY,
REUANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and REUANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and affect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors. the President. the Chairman of the Board. arty Senior Vice President. any Vice President or Assistant Vice President or other officer designated by the Board of
Directors shat) have power and authority to la) appoint Attorneytsl-in-Fact and to authorize them to execute on behalf of the Company, bonds and tmdertskings, recognzanees, contracts of indemnity
and other wntngs obligatory in the nature thereof. and (b) to remove any such Attorney(s)-in-Fact at any time and revalue the power and auttonty given to titan.
2. Attorneyfsl-in-Fact shad have power and autnonry, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds
and undertakings, recogntzancas, contracts of indemnity and ether wntings obligatory in the nature thereof. The corporate seal Is not necessary for the validity of any bonds and undertakings,
recogruzances. contracts of indemnity and other writings obligatory n the nature thereof.
3. Attorney(sl-in-Fact shall have power and eutnortry to execute affidavits required to be attached to bonds. recognizance*. contracts of Indemnity or other conditional or obligatory
undertakings and they shad also have power and authonty to certify the financial statement of the Company ind to copes of the By-laws of the Company or any ankle or section thereof.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committee of the Boards of Directors of Reliance
Insurance Company, United Pacific Insurance Company and Reliance Nsuortat Indemnity Company by Unanimous Consent dated as of February 23. 1994 and by the Exstuttve and Flnanaal
Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994.
'Resolved that the signatures of such dreams and officers and the seal of the Company may be affixed to any such Power of Attorney or arty certificates relating thereto by
taesende.and any such Power of Attorney ar crbfiate bearng such facsmde signatures or facsimile seal shad be valid and binding upon the Company and any such Power so
executed and certified by fecund* signatures and tau -nils seal snail be vied and binding upon the Company, in the future with respect to any band or undertaking to which it is
attached.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 13.
1996.
STATE OF Washington
COUNTY OF King
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
On this, February 13. 1996, before me, Janet Blankley, personally appeared Lawrence W. Caristrom, who acknowledged himself to be the Senior
Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duly . ;. orized officer.
In witness whereof, I hereunto set my hand and official seal.
Not Public in and for the State of Washington
Reside at Puyallup
1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP-
ANY. and REUANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5th day of APRIL 1996 .
Assistant Secretary
SEAL
evr
CUMENTCONTAINS ANI ART1FICLAL WATERMARK - HOLO ATAN ANGLE Ta VIEW
8. Have any leases for the operation of convention centers, restaurants/cafeterias, cocktail
lounges. auditoriums. exhibition halls. etc.. held by your organization ever been canceled?
Yes ( ) No IC). If yes, explain in detail these circumstances on separate sheets of paper.
9. Bank References:
Bank:
Addros:
U.S. BANK West 428 Riverside Spokane, WA 99201
Representative - Paul Koenigs, Vice President
Washington Trust Bank 717 W Sprague Ave Spokane WA 99201
Representative - Mark Virden, Vice President
10. Annual financial statements for each proposer (each joint venture partner) for the most
recent fiscal year period. certified by an independent certified public accountant. must be
furnished. Please complete the following balance sheet. which need not be audited. The
date thereof shall not be more than twelve (12) months prior to the date of this
questionnaire. Your own format may be substituted on a separate sheet. if you wish to do
so. A proposer may submit its balance sheet in another format so Iong as the submitted
balance sheet contains the information requested in the following balance sheet.
11. Provide on separate sheets of paper all capitalized costs that will be expensed in detail by
description. amortization method and term or life of the amortization.
12. Proposers should list in narrative form their community activities relative to other similar
projects where they provided mentorships, internships. etc. to all sectors of the
community.
13. Proposers must submit a detailed design and equipment use plan for the foodservice
facilities at the Center. This plan must be in accordance with the drawings and time lines of
the Architect and Owner. Estimated remodeling and foodservice'equipment costs must be
included in the plan. Additionally. proposers must outline alternate operating procedures to
be utilized throughout the construction and expansion phase in order to provide food and
beverage service to me Center's Owners.
10.
11.
12.
13.
Addendum A
Addendum B
Addendum ('
Addendum E
ADDENDUMS FOR QUESTIONS 10-13
- Goodale and Barbieri Financial Statement
- Inventory Worksheet
- Community Activities
- Alternate Operating Procedures
4. Number of years experience of the proposer making this proposal in the operation of the
required concessions:
IYPE QF OPERATION YEARS OF EXPERIENCE
First Class Fixed and Mobile Concessions/Lounges
Exhibition Hall
Meeting Room/Specialty Dining Facilities
Catering/Banquet Facilities
5. Give the names and locations of places at which your organization has operated above
mentioned businesses, together with the dates of operation (attach additional pages as
necessary):
Twenty One Years
Twenty One Years
Twenty One Years
Twenty One Years
Type of
Or ration: Name: Location: DI=
Catering M & M Catering Yakima Since 1976
Hotel Cavanaugh's River Inn Spokane Since 1975
Hotel Cavanaugh's Columia Ctr. Kennewick Since 1978
Hotel Inn at the Park
Spokane
Since 1981
Hotel Cavanaugh's Yakima Center Yakima
Since 1991
6. State approximately the largest gross receipts your organization has realized from the
operation of the aforesaid facilities at anv one place in one (1) year.
Cavanaugh's Inn at the Park 1994
$41172,181.00 �)
- (Revenue from Food & Beverage Sales Only)
(Location)
7. List below the names and addresses of your landlords for the operations listed in Item 5
above:
Operation
Landlord Add=
M & M Catering City of Yakima 10 North 8th St. Yakima, Wa
River Inn Goodale & Barbieri No. 700 Division Spokane,Wa
Columbia Center Goodale & Barbieri 1101 No. Columbia Blvd. Kennewick,
Inn at the Park Goodale & Barbieri W. 303 No. River Drive Spokane, Wa
Yakima Center Goodale & Barbieri 607 East Yakima Ave. Yakima, Wa
22
$ALANCE SHEET
Name:
Date: As of , 19
ASSETS
a) Cash and Short-term Securities: S
b) Accounts Receivable: S
c) Notes Receivable: S
d) Inventory at lower cost of market: S
e) Current assets other than cash and
receivables. such as stocks. bonds
and other securities: S
f) Real Estate. owned and registered in
the name of the applicant:
g) Equipment. Depreciated value:
h) Other Assets:
Total Assets:
***SEE ADDENDUM A***
24
S•
S
S
S_
S
S
S
S
S
LIABTLI I LES
a) Notes Payable - Current Portion
b) Accounts Payable
c) Real Estate Encumbrances
d) Judgments
e) Other Liabilities:
S
S
S
S
s
S
s
S
S
TOTAL LIABILITIES $
f) Capital Stock S
g) Retained Earnings/Owner's Equity S
TOTAL LIABILITIES AND EQUITY S
Proposer:
By:
Tide:
***SEE ADDENDUM A***
25
Ex'
1
SCHEDULE "C"
Proposal Form
SCHEDULE "C"
PROPOSAL FORM
Proposal of: Goodale and Barbieri D.B.A. M & M Catering
Address: West 201 North River Drive, Spokane, WA 99201
Date: April 1996
TO: The City of Yakima
("The Owner")
The undersigned hereby offers to enter into the Food and Beverage Services Contract at The
Yakima Convention Center, Yakima. Washington, for all areas serviced with food and beverage,
under the terms and conditions set forth in said contract. in this Proposal Form and in the
Instructions to Proposers. for a term of ten (10) years commencing on or about January 8, 1997
and to pay to the Owner the license charges calculated in accordance with the Food and Beverage
Services Contract, and this Proposal Form in the amounts noted on Table One attached.
The undersigned proposer takes cognizance of the fact that certain minimum license charges for
specified sales and services. as a percentage of gross receipts, are set out and agreed upon in Table
One. Column 2.
26
TABLE ONE
THE YAKIMA CONVENTION CENTER
FOOD AND BEVERAGE SERVICES CONTRACT OPTIONS
COMM1ISSIONS
MINIMUM
ACCEPTABLE
PROPOSED
PROPOSED
PROPOSED
Food Service and Non -Alcoholic
Beverages "
Commission
Years 1-3
Commission
Years 4.7
Commission
Years S•10
Cates Affairs
Concessions Stands -
Fixed/Mobile
Offset Cate i Events
16% of gross food
sales
17% of gross food
sales
12% of gross food
sales
_mac of gross
food sales
_J of gross
food sales
`90 of gross
food sales
_4 of gross
food sales
.....% of gross
food sales
_% of gross
food sales
_'o of gross
food sales
_Si of gross
food sales
_% of gross
food sales
Alcoholic Beverage Services
_
Catered Events
Concessions Stands -
FixedAlrrhiie
Offsite Catered Events
_0<< of gross bev
sales
20cc of cross bev
sales
12% of gross food
sales
_ci of gross
bev sales
._% of gross
bev sales
_4 of gross
food sales
._mac of gross
bev sales
„_4 of gross
bey sales
_4 of gross
food sales
_4 of cross bev
sales
__4 of gross bev
sales
_% of gross
food salts
Coin Operated Vending
204 of
commissions
_9r of
commissions
_tee of
commissions
_% of
commissions
Third Party Sales
20%% of
commissions
_4 of
commissions
% of
commissions
_4c of
commissions
NOTE.. Contractor to provide Owner employee fooc
receirtc forthose area; are not subiecr to can
and beverage ser.•.ces at Actual cost plus 10%. Gross
missions.
Equipment Use Fre
t Bumale,
S250.000
S
I
`rctt : Proposed commissions for years 1-3 should be greater than oc equaI to the minimum
acceptable base commissions. Proposed commission for years 4-7 and 3-10 should follow.
a step-up incremental approach based on the proposed commissions years 1-3.
See Addendum F — Commissions
27
The terms and conditions of this proposal are agreed to on this April 3 lay of the year 1996.
BY:
SIGNATURE: •
TrILE:
COMPANY:
ADDRESS:
DATE:
PHONE:
FAX:
(CORPORATE SEAL)
Art Coffey
Typed Name =cell
Vice President/C.O.O.
Goodale and Barbieri Companies
West 201 North River Drive
Spokane, Wa 99201
April 3, 1996
(509) 459-6100
(509) 325-7324
i3o-L Pie, -
3 i991p
SCHEDULE "D"
Menu Details -
Food and Beverage
Function and Facilities
l
1.
1
Schedule"D"
Menu Details - Food and Beverag.
. M & M Catering has set up a variety of concessions to
accommodate convention groups or special occasion
events. Should future bookings indicate the need to
increase our capabilities to service this avenue we would
do so.
2. Mobil food and Beverage Concessions:
A. East Lobby/Espresso Cart
ITEM
SELLING $ PORTION
PRODUCT $
Pepsi, Diet'Pepsi, 7 -up,
Orange
1.00
12 oz
.25
ITEM
REGULAR
TALL
GRANDE
r--- Latte w/Flavor (2 shots)
1.75
2.25
2.90
Extra Shot
.40
.40
.50
Cappiccino (2 shots)
1.75
2.25
2.90
Extra Shot
.40
.40
.40
Italian Soda
1.75
2.00
.60
Hot Chocolate
1.35
1.85
2.00
Mocha
1.75
2.25
2.90
3. Fixed food and Beverage ConoessiQna - Soft Drink Carts:
Snack Bar East Lobby
Item
Selling
Price
Portion
Size
Product
Cost
Hamburger, Deluxe
3.50
5oz
.75
Hot Dog, Jumbo
1.75
4oz
.50
•
Sandwich, Deli2.25
Soz
.90
Nachos
1.50
3oz
.40
Tacos (2) -
1.75
3oz
.60
Chef Salad (1/2)
3.50
3oz
.85
Fruit Cup (fresh)
1.25
6oz
varies
Spicy fries
1.75
8oz
.50
Soft Drinks (Pepsi)
1.00
16oz
25%
Ice Cream
.75
2.5oz
.18
Nut Sundae
1.75
3.75oz
.45
Milk
.75
Boz
.20.
Variety Teas
1.25
8oz
varies
4 , Catered Menus for Banquets and Meetinq RQom Meal Functions:
Item
Selling
Price
Portion
Size
Product
Cost
French Toast
Thick Sliced Bacon
Fruit Cup - Beverage •
5.75
1.45
25%
Assorted Juices
'Eggs Benedict
Hashed Browns
Juice - Beverage
6.95
1.73
25%
Eggs Saratoga
Hash Browns - Juice
Demi Danish - Beverage
5.95
1.55
26%
Steak 5oz Top Sirloin
Eggs - Biscuits
Hash Browns - Beverage
9.50
2.30
24%
Quiche Lorraine
Melon Slices
Demi Danish - Beverage
6.50
1.78
26%•
•
Item
Selling
Price
Portion
Size
Product
Cost
BREAKFAST BUFFET:
8.75
16oz
.80
Assorted Juices
Fresh Fruit Trays
Assorted Demi Danish
Muffins
Link Sausage
_
Bacon Strips
Eggs Benedict or Eggs
and Sausage Ramkin
_
.
Scrambled Eggs with
Spanish Sauce
Biscuits with Country Gravy
or Creamed Chicken
Apple Crepes or Apple Betty
Item
Selling
Price
Portion
Size
Product
Cost
POWER BREAKFAST:
5.95
16oz
1.40
Assorted Juices
- -
Fruit Compote
Cold Cereal
Scrambled Eggs with
Spanish Sauce
.
Bagels with
Fruit Cream Cheese-
'
.
Item
Selling
Price
Portion
Size
Product
Cost
CONTINENTAL BREAKFAST:
5.00
16oz
1.05
Assorted Juices
- -
Assorted Fruits
Assorted Rolls
Coffee
Item
Selling
Price
Portion
Size
Product
Cost
LUNCHEON BUFFET #1:
8.50
16oz
2.16
Hearty Vegetable Beef Soup
- -
Cold Meats & Cheeses
Variety Breads
Condiments
Potato Salad
.
Molded Jell -o Salad
Tossed Greens
.
.
Assorted Salad Condiments
Dessert
Beverage
Item
Selling
Price
Portion
Size
Product
Cost
LUNCHEON BUFFET #2:
9.00
16oz
2.38
Roast Turkey & Dressing
Whipped Potatoes
Giblet Gravy
Cut Corn
Tossed Greens
.
Waldorf Salad .
Green Pea Salad
.
Assorted Relishes
Frozen Jell -o Mold
Rolls & Butter
Dessert
Beverage
Item
Selling
Price
Portion
Size
Product
Coat
LUNCHEON ENTREES:
To include: Salad, Potato,
Rice or Pasta, Rolls with
Butter, Dessert, Coffee,
Tea or Milk. Salads Are
Served With Roll, Dessert
and Beverage
_
-
- - •—
Marinated Sirloin •
9.75
5oz
2.77
Chicken Breast
Supreme
9.00
5oz
2.35 .
StuffedBoneless
Pork Loin
9.00
5oz
2.40
Swiss Steak
9.00
5oz
2.40
,Hearty Soup & Sandwich
15.50
__
;,
Chicken Epicurean
9.00
5oz
2.50
Beef Saute w/ Fresh
Green Vegetables
9.00
4oz
2.40
Chicken Polynesian Salad
9.00
6oz
2.45
Chef Salad
8.00
hoz1.75
Fajita Salad
9.00
6oz
2.88
Taco Salad
9.00
6oz
2.40
Item
Selling
Price
Portion
Size
Product
1 DINNER ENTREES:
To Include: Tossed Greens
with choice of dressings,
Caesar, Rainbow Greens,
Spinach Salad 6 $1.00
extra. Choice of Potato,
_
-
- - •—
Rice Pilaf, Vegetable,
Rolls and Butter, Home-made
•
Desserts.
-.-
•- ,v
Roast Prime Rib AuJus
15.50
l0oz
5.25
Roast Prime Rib AuJus
14.00
8 oz
4.75
New York Cut
18.00
8oz
6.00
;Filet Mignon 4
20.95
6oz
6,75 -
their inspections and regulations. In addition to
standard monitoring of quality control, the ordering
of the beat foods and products is top priority. Price
is never the only consideration. Three food companies
now service M & M Catering to insure the highest
quality of freshness and the best service.
Dedication to our repeat customers is a top priority.
Upbeat innovative sales staff, working with chefs to
develop new themes and menus, along with courteous
wait staff, neatly uniformed, trained to please, and
the best products available, prepared to perfection by
a top quality kitchen staff, creates those repeat
satisfied customers.
SAFETY: 0 & B and M & M are concerned with Safety. We
always make an effort to maintain the highest
standards, and comply with state and local safety and
health codes. M & M is open to, and invites, periodic
safety inspections. These are done bi-yearly by a
Washington State safety representative. M & M is also
inspected and monitored by the Yakima Co. Health
Department.
All employees share the responsibility for preventing
accidents and eliminating conditions which might cause
injuries, interrupt the flow of work, or damage and
destroy equipment, material, or property.
Our safety committee has extensive safety manuals,
(provided by the 0 & B Corporation and the State of
Washington) to refer to at monthly safety meetings.
RECYCIIING :Recycling programs are excepted and adhered
to at the Yakima Center. We cooperate and use
existing programs, as well as implementing
I environmental control over our out -of -building
catering.
Ih. Management and support services information:
Donna Moultray has successfully managed M & la! Catering
I for the past 24 years and has the ability to provide
resident experience, professional management and
support services to insure a quality_program. M & M
I Catering is fortunate to have a very experienced staff
including the Chef who has been employed with M & M
Catering for the past nine years.
i * Donna Moultray Current Manager
(employed since 1972)
* Sharma Taylor Manager Assistant
(employed December 1991)
I
* Lawrence Payne
* Sheryll Armstrong
* Sue Fowler
* Helen Holder
* Karen Dufault
* John Moultray
* Douglas Moultray
* Joe Koch
Chef
(employed April 1987)
Crew Chief
(employed July 1984)
Crew Chief
(employed April 1992)
Crew Chief
(employed October 1993)
Crew Chief
(employed November 1992)
Team Leader, Driver, Bartender
(employed 1980)
Cook
(employed 1978)
Cook
(employed 1986)
Team Leaders insure excellent service for multiple
functions. Flexibility of hours and schedules promote
cooperation and longevity of employees.
i. M & M Catering's reputation precedes them. They have
proven to provide quality products and excellent
customer service. We have enclosed copies of a few of
the thank you letters that we have received.(see
Addendum I).
j
• The Yakima Center is not an every day operation.
Therefore, there is not an average demand day for the
kitchen and wait staff. The business office will be
open six days a week, Monday through Saturday. The
business office is staffed by the General Manager and
Assistant Manager. The office will be closed on
Sunday unless the building is in use. The Chef is on
duty every production day, as needed.
k. See Addendum J for organizational chart.
See Addendum K for Operational Procedures.
1. Donna Moultray for the past 19 years has been an
embassador for not only the Convention Bureau and
Yakima Center but for the entire City of Yakima. From
a marketing and promotion stand point Donna Moultray
has been an important part of the selling team, •
actively participating in Familiarization Tours, sales
blitzes, and pre -conference meetings. Yakima Center
has enjoyed a high percentage of repeat convention
business due to Donna Moultray's excellent reputation
for superior customer service and products. In
addition, Goodale and Barbieri offers an extensive
support staff to include sales, marketing,
advertising, graphics, purchasing, legal, payroll and
computer management to assist M & M catering.
In an effort to generate the maximum food and beverage
business for the Convention Center, M &M Catering has
been very successful in marketing their off-site
catering. During 1995 M & M Catering reported 36% of
their gross sales from off-site catering and 1996
is expected to exceed 40%.
m. Programa:
(1) O &. B, as well as M & M Catering, has a vital
interest in maintaining safe, healthful, and
efficient working conditions for its employees.
Being in possession of a firearm on company
property or under the influence of a drug or
alcohol on the job may pose serious safety and
health risks not only to the user but to all those
who work with the user. The possession, use or
sale of an illegal drug in the work place may also
pose unacceptable risks for safe, healthful, and
efficient operations.
Possession of a firearm while on company time or
on company property is against company policy and
grounds for immediate dismissal.
G&B complies with all State and Federal laws
regarding the use or abuse of alcohol, narcotics,
and other non-prescription drugs. Any employee
involvement in the purchase, sale, use, transfer
or possession of illegal drugs, narcotics,
contraband, or other related paraphernalia in
company facilities or on company premises is not
permitted. Any employee found in violation of this
policy is subject to immediate termination. G&B
implements and requires training programs such as
TIPS.
(2) See Addendum L for sample questionnaire in
evaluating services.
(3) In accordance with the compliance requirements of
the American Disabilities Act, G&B and M & M
Catering does not discriminate against a qualified
individual with a disability in any of the
following ways:
* Job application Procedures
* Hiring or Discharge
* Compensation
* Job Training
* Advancement
* Other Terms, Conditions and Privileges of
Employment
Reasonable accommodation to otherwise qualified
persons with disabilities will be provided, unless
the accommodation presents an undue hardship.
Persons requiring accommodation should notify
their supervisor or any company officer.
(4) First Aid Training: Safety education is
important. OSHA requires employees to follow
established safe work procedures. That requirement
assumes that employees have been instructed and
that it is the employer's duty to insure that they
have. There are three types of safety education
required by G&B.
a. New employee safety education and orientation.
1. Basic safety rules
2. How to report accidents and the necessity to
do so
3. First aid training & where to go for,
training
4. Conditions that are particularly hazardous
in their work area
5. Personal protection to wear, when to wear
it, and where to get it
b. Continuous education for all employees to
maintain a consistently high level of safety
awareness.
c. Special education when new equipment is put
into operation or when significant changes are
made at the facility.
n. See Addendum D for design and use plan for expanded
foodservice.
o. In the event kitchen facilities are interrupted during
construction phase, M & M Catering will use the kitchen
at Cavanaugh's at Yakima Center for any off-site
services.
4.07 Vending Services (page 12)
2. Contractor Responsibilities:
a. At such time the Owner deems necessary, cold food
machines could be added. M & M has the staff to
maintain them.
b. Supplying condiments, utensils and napkins in the
vending areas -are part of our overall considerations.
c. M & M has maintained the vending machine and the snack
bar area through the life of its past three contracts
with the City of Yakima and the Convention Center.
d. Scheduling of the daily cleaning of vending machines
within the cold food areas would be part of our
regular operational assignments.
SCHEDULE E - EQUIPMENT
5.02 See Addendum B for current equipment list.
5.05 See Addendum B1 for contractor purchased equipment list.
SCHEDULE E - GENERAL
6.09 Nondiscrimination: G&B and its divisions, by policy and
preference, assures equal employment opportunity in all its
hiring practices and policies including, but not limited to,
recruitment, compensation, training layoff and recall
practices, employment, and benefits.
M & M will post in conspicuous places, available to
employees and applicants for employment, notices of
nondiscrimination. In all solicitations or advertisements
for employees will state that all qualified applicants
will receive consideration for employment without regard
to race, color, religion, sex, age or national origin.
We will, and do, undertake in good faith, affirmative
action measures designed to eliminate any discriminatory
barriers. We believe that every employee has the right to
work in surroundings free from all forms of unlawful
discrimination. It is our policy that all decisions
involving any aspect of the employment relationship shall
be made without regard to race, color creed, religion,
ancestry, national origin, citizenship, age, disability,
sex, veteran's status, marital status, or any other
characteristic protected under federal, state or local
law.
SCHEDULE "F"
Comments on
Food and Beverage
Services Contract
{ ✓
•
SCHEDULE F
ADDITIONAL COMMENTS
Donations in the form of Gift Certificates'are a vehicle for
M & M Catering to contribute to the many fund raising events
held in our community. There are approximately twelve of
these held each year, all redeemed outside of the Yakima
Center.
M & M requests exemption from paying commission for these
events.
Many catered events held outside of Yakima Center require
the rental of tables, chairs, canopies etc. The ability to
provide rental items is a valuable tool without which many
functions would be impossible to serve. It is also a selling
point to be able to provide a complete package: food,
service and rental, all in one contract and one complete
billing. However, many groups can not afford an inflated
rental cost. For this reason we pass our costs of the rental
items to our clients. We are requesting exemption of
commission in this area also.
SCHEDULE F
ADDITIONAL COMMENTS
Reference To:
Guarantee Minimums and Commissions
Sample Bid Contract, Page 37, 4, B
Request amendment:
The monthly commission payment shall be made to the owner on a monthly basis. Should the
monthly commission result in a shortfall of $8,000, the difference would be resolved at year
end, based on the $96,000 annual minimum commission guarantee, predicated on continuous
occupancy. Should the convention center not be operable for any reason beyond the contractors
control the monthly minimum would be waived. Commissions payment would be compiled on
actual sales generated.
SCHEDULE F
ADDITIONAL COMMENTS
Reference To:
Personnel
Sample Bid Contract, Page 43, H
Owner requests written statement setting forth the name of persons to be employed by the
Contractor and a monthly listing of persons ceasing to be employed.
Request amendment:
Provided in schedule E is a list of key employees M and M Catering has employed. M and M
Catering Services has an on call staff of approximately 60 persons, many who terminate and are
rehired due to school, etc.
It would be unnecessary duty for the Contractor to provide a monthly list of these employees.
Contractor will keep Owner informed of any permanently terminated employees.
SCHEDULE F
ADDITIONAL COMMENTS
Reference To:
Procurement, Handling, And Sale of Food and Beverages.
Sample Bid Contract, Page 45, H
Services and Products provided by the Contractor shall be comparable to restaurants, bar snack
stand facilities, etc.
Request Amendment:
We strive to provide a higher quality product at a competitive price with other similar
convention facilities. The Contractor strives to be flexible with pricing because of the diversity
of groups the center attracts. M and M Catering Services will capture the highest menu prices
possible for this market.
SCHEDULE F
ADDITIONAL COMMENTS
Reference To:
Procurement, Handling, And Sale of Food and Beverages.
Sample Bid Contract, Page 46, K
Owner shaII utilize computerized cash control system.
Request Amendment:
We understand at the pre bid meeting that this system was to be part of the phase II expansion.
We expect this system to be negotiated and agreed upon by the owner and contractor at that
time.
SCHEDULE F
ADDITIONAL COMMENTS
Reference To:
Maintenance, Repair and Sanitation
Sample Bid Contract, Page 48
Request Amendment:
Due to the limited space we recommend that the center have a mechanical garbage compactor.
This would reduce the space required and reduce sanitation concerns. We suggest that the
Contractor finnt—P end maintain the compactor and the Owner provide removal from property
to dump site:.
This compactor investment would be part of the $250,000 minimum equipment fee requirement.
We recommend that the compactor area be completely enclosed, out of site from the general
public, with the ability to secure from the outside.
SCHEDULE F
ADDITIONAL COMMENTS
Reference To:
Insurance Provided By Contractor
Sample Bid Contract, Page 52, D
Request amendment:
An insurance policy for employee dishonesty with limits not less than $500,000 seems to be
excessive and would not be fitting in our current operation.
SCHEDULE F
ADDITIONAL COMMENTS
Reference To:
Performance Bond
Sample Bid Contract, Page 54, #37
Request amendment:
A Performance Bond of $125,000 is requested of the Contractor.
M and M Catering Services has faithfully performed all covenants, terms, and conditions of the
current contract over the last 19 years with the City of Yakima. Enclosed are financial
statements (Addendum A) which indicate a well established, financially sound corporation.
We respectfully request that this performance bond requirement be waived and we are willing
to negotiate reasonable assurance measures with the owners.
SCHEDULE F
ADDITIONAL COMMENTS
Reference To:
Payment for Utilities
Sample Bid Contract, Page 54, #41
Request amendment:
Owner shall provide utilities and provide separate gas, electrical, and water services, and charge
back to the contractor.
To clarify, the caterer would be responsible for utilities directly related to the kitchen facility
only. We request to set up direct billing accounts with each utility.
SCHEDULE F
ADDITIONAL COMMENTS
Reference To:
Schedule '1'
Smallwares and Contractor Supplied Equipment
Sample Bid Contract, Page 59, #13
Owner shall supply computerized point of sale system.
Request Amendment:
We understand at the pre bid meeting that this system was to be part of the phase II expansion.
We expect this system to be negotiated and agreed upon by the owner and contractor at that
time.
SCHEDULE "G"
Sample
Food and Beverage
Services Contract
SCHEDULE 'G'
SAMPLE FOOD AND BEVERAGE SERVICES CONTRACT
for:
PROPOSAL NO. 19601
YAKIMA CONVENTION CENTER
YAKIMA, WASHINGTON
35
YAKIMA CONVENTION CENTER
CONCESSION AND CATERING CONTRACT
THIS CONTRACT is made and executed by and between the CITY OF YAKIMA, a
municipal corporation (hereinafter the "Owner"), and (hereinafter the
"Contractor").
WHEREAS, the Owner desires food and beverage catering, concession, and vending
services and sales at the Yakima Convention Center;
WHEREAS, neither the Owner nor the Yakima Valley Visitors and Convention Bureau
(hereafter the "Bureau") has the staffing levels or the specialized expertise necessary to provide
said services and sales;
WHEREAS, the Contractor has the experience, expertise, and personnel necessary and is
willing to perform said services and sales in accordance with the terms and conditions of this
Contract;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
set forth herein, it is agreed by and between the Owner and the Contractor as follows:
1. Purpose.
The Owner owns the Yakima Convention Center (hereafter the "Center"), a 30,000 square
foot convention building located on a site at East Yakima Avenue and North Eighth Street, within
the City of Yakima, Yakima County, Washington. The complex currently consists of a conference
and exhibit hall with an approximate total area of 14,500 square feet which may be divided into
four different rooms. The hall has the capacity to assemble 1,400 occupants, seated, and provide a
banquet for 1,000 people. In addition, the foyer has a total area of approximately 3,500 square
feet.
The Center is managed by the Bureau through a management services contract with the
Owner. The Bureau operates the Center through a manager (hereinafter the "Center Manager"). In
that connection and in coordination with the Center Manager, the Contractor shall provide food and
beverage catering, concessions, and vending services and sales at the Center in the most efficient
and convenient manner possible and in accordance with the terms, covenants, and conditions of
this Contract.
2. Term And Option To Extend.
The term of this Contract shall commence on January 8, 1997 or the date the Contractor
begins to provide the services required hereunder, whichever event occurs first, and terminate ten
(10) years thereafter: provided, however, that the Owner has the option, in its sole discretion, to
extend this Contract for one (1) additional term of five (5) years by providing the Contractor with
sixty (60) calendar days written notice of the intent to exercise its extension option. The extension
term, if exercised. shall be on the same terms, covenants, and conditions as provided in this
Contract unless the parties mutually agree in writing to different terms, covenants, and conditions.
36
3. Incorporation Of Contractor's Proposal.
The Contractor's Proposal, including all of Contractor's representations, conditions and
obligations, dated and submitted to the Owner on in order to obtain
award of this Contract, is incorporated herein by this reference. A copy of said Proposal is
attached hereto as Exhibit "A".
4. Guaranteed Minimums And Commission.
a. In consideration for the exclusive rights granted hereunder by the Owner, the
Contractor agrees to pay to the Owner an annual guaranteed minimum sum of Ninety -Six
Thousand Dollars ($96,000.00) per contract year, or an annual commission calculated in
accordance with attached and incorporated Schedule 4 based upon the total gross revenue derived
each year from its catering, concession, and vending services and sales under this Contract,
whichever is greater.
b. The annual minimum or commission payments shall be made to the Owner on a
monthly basis. Specifically, the Contractor shall pay the Owner a monthly minimum of eight
thousand dollars ($8,000.00), or commissions calculated in accordance with Schedule 4 based
upon the total gross revenue derived for the respective month, whichever is greater. The first
minimum or guaranteed payment is due and payable on the tenth day of the month following the
month in which this Contract is executed, with all subsequent payments to be made on or before
the tenth day of each month thereafter during the Contract term.
c. The annual minimum or annual commission due under this Contract shall be treated
by the Contractor and the Owner as an isolated event and a separate charge for accounting
purposes. No previous payment or credit from any prior or past year shall be credited or
subtracted from the annual minimum or annual commission.
d. The Contractor shall provide the Owner with a written sales summary for each
Center activity, event, function, or off-site catered event., within forty-eight (48) hours of the
completion of such. The sales summary shall include a sales breakdown by location and type of
sale (i.e.. concession, catering, etc.), total inventory sales, a copy of the register tape, and cash
overages or shortages. Bank deposit tickets shall be attached to all daily reports and funds shall be
deposited in a commercial bank account at a commercial bank located in the City of Yakima and
approved by the Owner.
5. Equipment Use Fee.
In consideration for the use of the Center and corresponding food and beverage service
equipment, the Contractor shall pay the Owner an equipment use fee in the amount of
in accordance with attached and incorporated Schedule 4. Said equipment use fee
is in addition to the required annual minimum and annual commission described in Section 4 of this
Contract The equipment use fee is due and payable to the Owner at the time of execution of this
Contract. The Contractor is granted full depreciation rights for said equipment use fee over a
period of one hundred and twenty (120) months or until early termination of this Contract,
whichever occurs first, using the straight line depreciation method.
6. Accounting.
a. The term "gross revenue" means the total of all revenue (cash, credit, or otherwise),
less all applicable sales tax, received by the Contractor, from whatever source, for both on-site and
off-site catering, concession, and vending services and sales pursuant to this Contract.
37
b. Contractor shall, with respect to all business done, transaction engaged in, and
revenues received pursuant to this Contract, keep and maintain at the Center true and accurate
account records, books, ledgers, and data in accordance with generally accepted accounting
principles and procedures acceptable to the Owner. Said accounting records shall be maintained on
contractual year basis during the term of this Contract A contractual year shall be three hundred
and sixty-five (365) days measured from the commencement date of this Contract.
c. The Owner shall have the right, at all reasonable times, to inspect said records,
books, ledgers, data, and all other necessary documents of the Contractor during the term of this
Contract and such time thereafter as may be necessary for the Owner to verify amounts due to it
under the terms of this Contract
d. The Owner, in its discretion, may request in writing special accounting reports
regarding any financial aspect of the Contractor's operation under this Contract. Contractor shall
provide Owner with the special accounting report within fifteen (15) calendar days of receipt of
Owner's request.
e. The Contractor shall annually furnish to the Owner a certified audit from a certified
public accountant within ninety (90) days after the close of the contractual year. Said audit must
accurately show all business done and all revenues received pursuant to this Contract. If the
Owner is not satisfied with said audit, the Owner may, with auditors selected by the Owner,
conduct a full audit of said records, books, ledgers, data, and other necessary documents. Should
the Owner's audit uncover any payment deficiencies due to the Owner in excess of one percent
(190, ), the amount of the payment deficiencies and the cost of the audit shall be immediately due and
payable to the Owner by the Contractor and shall not be expensed as a controllable expense by the
Contractor.
f. The Contractor shall submit to the Owner a monthly profit and loss statement in the
format of attached and incorporated Schedule 3 within ten (10) days after the conclusion of each
month.
g. The Contractor shall provide the Owner an annual explanation of the income and
expense reporting procedures and controls utilized by its accounting personnel within ninety (90)
days after the close of the contractual year.
h. Thirty (30) days prior to the commencement of each contractual year during the
term of this Contract, the Contractor shall submit to the Owner for review and approval an annual
budget covering all services to be provided pursuant to this Contract. The budget shall detail
revenue derivation, food cost, and labor cost.
7. Authority.
The Owner shall, through its designated officer, manager or agent, be the final authority
with regard to all aspects of the control, management and performance of the catering, concession,
and vending services and sales, and other operations required hereunder and all requests,
procedures, approvals, or changes shall be submitted through the Owner. Liaison between the
Owner and the Contractor will generally be through the Center Manager or his/her designee.
8. Exclusive Catering, Concession And Vending Rights.
a. Except as limited herein, the Contractor shall have the exclusive right to provide
food and beverage (alcoholic and non-alcoholic) catering, concession, and vending sales and
services at the Center and operation of certain areas of the Center designated by the Owner (i.e.,
the Center kitchen, storage space, bars, and fixed and mobile concession stands).
38
i
b. The exclusive catering, concession, and vending rights granted herein do not
include the sale of non-food and non -beverage commodities, products, and/or articles, including
but not limited to phonograph records, film, flash bulbs, aspirin, postcards, magazines, programs,
souvenir books, or other printed matter of a like nature and copyright novelties. However, the
Owner, at its discretion, may require the Contractor to sell such items, or may negotiate and enter
into a separate concession contract for the sale of such items with the Contractor or any other
person or entity.
c. The exclusive catering, concession, and vending rights granted herein do not
include the right to sell advertising and sponsorship packages at the Center. The Owner reserves
the right to sell advertising and sponsorship packages at the Center.
d. The exclusive concession, catering, and vending rights granted herein shall not be
construed to prohibit a Center licensee or tenant from exhibiting any commodity, product,
merchandise, and/or article in connection with an exhibit, trade show, or other type of event, or
from dispensing free samples of food and/or beverages as provided in Section 20 of this Contract.
e. The Contractor represents, warrants, and agrees that it shall not conduct any
catering services and sales in Yakima County, Washington, except under and pursuant to this
Contract.
f. This Contract does not grant any sale of lease rights to the Contractor.
9. Food And Beverage Services.
a. The Contractor shall organize, put into service, and manage efficiently food and
beverage catering, concession, and vending services and sales for the following existing Center
rooms, facilities, and areas:
• Room A - 1,575 SF
• Room B - 1,575 SF
• Room C - 5,580 SF
• Room D - 5,850 SF
• East Lobby - 3,540 SF
• Conference Room - 558 SF
• Snack Bar - 138 SF
• Kitchen - 1,420 SF
The Contractor is aware that the Center is undergoing a Phase I expansion program
(dependent on available budget funding) and agrees to modify present operations, if necessary, and
utilize alternate operating procedures in order to provide food and beverage service to the guests of
the Center. The Owner will notify Contractor when facilities are affected by Phase I expansion
program and when expanded facilities are available for operation.
h. Upon completion of the Phase I expansion program, the Contractor shall organize,
put into service, and manage efficiently food and beverage catering, concession, and vending
services and sales for the following Center rooms, facilities, and areas:
• Room A - 1,575 SF
• Room B - 1,575 SF
• Room C - 5,520 SF
• Room D - 5,845 SF
• Room E - 5,810 SF
39
• Room F - 1, 040 SF
• Room G - 1,040 SF
• Room H - 1,040 SF
• East Lobby - 8,000 SF
• Snack Bar - 138 SF
• Kitchen - 1,420 SF
• South Center Storage - 688 SF
• North Center Storage - 363 SF
• Beverage Storage - 145 SF
Equipment Storage - 4,500 SF
c. The following items should be noted regarding the Phase I expansion:
Proposed addition to the existing Center building designated under Phase I
is approximately 25,000 SF.
Kitchen expansion during Phase I will include present kitchen and the
utilization of the North Center Storage, South Center Storage, and Beverage
Storage areas. Contractor will submit architectural, design, and equipment
plans for the expanded kitchen using this denoted space.
Contractor will have use of the corridor east of Center kitchen for a "staging
•
area.
Several offices will be included in the Phase I addition. Specific use of
these offices has not been designated.
Phase I expansion areas are merely estimations and are dependent on Owner
funding and Contractor investment. Said estimations are not binding upon
the Owner under this Contract.
IT
d. Contractor understands that upon completion of Phase I, the Owner may undertake
a Phase II expansion project at the Center. Prior to commencement of Phase II, the Owner will
notify Contractor of expansion plans, construction, time line, and impact to Contractor operations.
10. Other Services.
a. Specialized Services. In addition to the normal concession, catering, and vending
functions the Contractor will provide hereunder, the Contractor is required to provide specialized
services normally associated with convention/trade show activities, events, and functions. These
specialized services include, but are not limited to, the following:
• Mobile thematic concession facilities service.
• Special and pre -function style food and beverage facility services.
• Main Kitchen storage/preparation.
• Brand name food and beverage facilities.
• Staff food and beverage services.
• Special meeting and banquet catering services.
• Water and tablecloth service.
• Room Service.
• Exhibitor food/beverage services.
b. Personnel Services. The Contractor may be called upon by the Owner to provide
personnel for special purposes such as bartending, waiter/waitress, host/hostess, or other services
for Center activities, events, or functions. These special personnel services are not to be confused
with the normal personnel required by the Contractor to meet the Contractor's responsibilities to
provide service otherwise under this Contract.
40
c. Wardrobe Checking. The Contractor must be prepared to furnish wardrobe
checking with attendants at any event when so requested by the Owner. The Contractor at its own
expense will provide all clothing racks, hangers and related equipment over and above that
currently on hand, essential to the performance of the service. The Owner will designate areas to
be used for wardrobe checking. The Contractor will work in close coordination with the Center
Manager in determining approximate wardrobe checking needs and what equipment is necessary.
d. All special specialized services, personnel services, and wardrobe checking shall be
provided by the Contractor at no cost or expense to the Owner.
11. Vending Services And Sales.
Vending services and sales shall only be provided by the Contractor when such services
and sales are requested and required by the Owner. All vending machines used on the premises
shall be of modular front design acceptable to the Owner. Placement, contents, and suggested
prices of the contents of these machines is subject to prior approval of the Center Manager.
Vending of smoking products, gum, and/or gum type candy is strictly prohibited at the Center.
Commissions on vending sales shall be in accordance with Section 4 and attached and incorporated
Schedule 4.
12. Operating Conditions.
a. The activities of the Contractor hereunder shall be such as to render service to the
public in a dignified manner and no pressure, coercion or persuasion shall be used by the
Contractor in an attempt to influence the public to use the food and beverage concession, catering,
and/or vending services of the Contractor. All such services and sales shall be conducted and
operated under the supervision of the Contractor, and shall in no way interfere with the orderly
operation of any Center activity or event. The Contractor shall conduct all such services and sales
at. such times, locations, and for such purpose as approved or designated by the Center Manager.
The Contractor will not circulate throughout the Center premises for the sale of any commodity,
product, and/or article except with the permission of the Center Manager. The Contractor and its
employees shall not distribute campaign or political literature or any commercial solicitation
literature of any kind at any time in or on the premises of the Center.
b. The Center Manager shall give the Contractor advance notice of the nature of
scheduled Center activities, events, and functions and such information as is available regarding
the probable attendance at each such activity or event. Every reasonable effort will be made by the
Center Manager to notify the Contractor of the cancellation of a previously scheduled activity,
event. or function to which due notice has been given the Owner, but no liability shall evolve upon
the Center Manager or the Owner for failure to deliver such notice of cancellation. The Contractor,
on the other hand, shall be held accountable for furnishing full and adequate service, as determined
by the Owner, for the full period of time required for any Center activity, event, or function for
which the Center Manager has provided notice to the Contractor. Further, nothing contained
herein shall be interpreted to limit the Contractor from taking reasonable measures to obtain activity
or event information from the Center in a timely manner.
c. Location of all mobile concession stands and auxiliary storage space required by the
Contractor shall be subject to the approval of the Owner. The Contractor shall acquire no rights to
such locations once assigned, and the Owner reserves the right to require the Contractor to remove
mobile stands and equipment and to relocate items from any auxiliary storage spaces when the
Owner deems it necessary. The Contractor shall be responsible for all cost associated with and
furnishing all labor necessary to remove said mobile stands and equipment and to relocate items
from said auxiliary storage spaces.
41
f
d. The Center's food and beverage service/preparation facilities shall not be used by
Contractor for off-site food and/or beverage sales, services, and/or functions except for Center
licensees. Should the Contractor desire to utilize the Center's food and beverage
service/preparation facilities for an off-site food and/or beverage sale, service, and/or function not
for a Center licensee, the Contractor must first obtain written approval of the Center Manager at
least two working days before the intended sale, service, or function. All revenue received from
such sales and services is part of gross revenues and is commissionable in accordance with
attached and incorporated Schedule 4.
e. When and if a temporary food service area (i.e., mobile "special emphasis" food
service area) is in operation, food served must be cooked and prepared by the chef on the premises
of the Center, with the exception of baked goods and standard canned and packaged items.
Deviation from this requirement must be approved in advance by the Center Manager.
f. The Center Manager may reasonably restrict the Contractor's sale of food and
beverage commodities, products, and/or articles at the Center in order to protect goods,
merchandise, equipment that is on display during a Center activity, event, or function, or because
of the nature of a Center activity, event, or function.
g. The Owner reserves the right to direct the Contractor to partially or completely
suspend concession, catering, or vending services and sales during those Center activities, events,
or functions in which operation of such services may be incompatible in the opinion of the Owner
with such activities, events, or functions.
13. Right Of Entry And Use.
a. It is recognized that the Contractor has the right to use certain areas of the Center
necessary for catering, concession, and vending services and sales under this Contract, and that
Contractor shall have a reasonable right of necessary ingress and egress to those Center areas and
to those areas of the Center that are available for common use (i.e., entrances, stairways, hallways,
and lounges). The Owner shall have the right at any time to impose reasonable restrictions upon
Contractor's right of ingress and egress to the Center premises. The Contractor shall have no right
of access to, and the Owner may, in its discretion, refuse access to, any other area of the Center
premises.
b. Nothing herein contained shall be held to limit or qualify the right of the Owner to
free and unobstructed use, occupation and control of the Center premises and ingress and egress
for itself, its tenants/licensees, and the public. Representatives of the Owner shall have the right to
enter upon and have access to all areas of the Center occupied by the Contractor at any time.
c. The Contractor shall ensure that deliveries of all food and beverage commodities,
products, and operational supplies, goods, wares, merchandise, and/or equipment shall be made at
the Center service entrance between 9 a.m. and 4 p.m., Monday though Friday. The Owner, in its
discretion, may approve other delivery locations and times. The Contractor shall monitor the
movement of products in and out of all food service areas to avoid all conflicts with other Center
activities, events, or functions. The Contractor shall cover or otherwise protect all food, beverages
and food handling equipment being moved through public areas.
d. The parties understand and agree that Contractor has a need to be on the premises in
the evening and weekends and at other times when the Center premises are closed to the public. It
is understood and agreed that Contractor, during all such times, shall be responsible for securing
the premises against vandalism, theft and/or intrusion upon the premises by persons trespassing
thereupon, which responsibility shall include, but not be limited to, the locking of all outside
doors, securing all unnecessary lighting, and all other steps as may be necessary and reasonable to
42
protect the building when it is being used by the Contractor outside of Center's normal business
hours.
14. Personnel.
a. The Contractor shall select, employ, train, furnish and deploy employees who are
proficient, productive, and courteous to Center patrons. The Contractor shall also provide
adequately trained relief personnel in the event of absences by primary staff.
b. The Contractor shall furnish all necessary qualified supervision for the performance
of its catering, concession, and vending services and sales under this Contract and agrees to assign
this task to a highly competent, full-time resident manager who shall have no duties other than
direction of said operation at the Center. The Contractor shall secure the Owner's advance
approval of the person who will act as said manager and, once employed/assigned, said manager
will not be replaced without the approval of the Owner.
c. - The Contractor's manager or his/her assistant manager shall be present and
available to the Owner during all operations of the Contractor under this Contract.
d. If at any time the Owner finds that the Contractor's manager or his/her assistant
manager is unsatisfactory, and such causes and reasons are duly reported in writing by the Owner
to the Contractor, the Contractor shall, within ten (10) calendar days, unless specifically extended
in writing by the Owner, replace him/her with a manager or assistant manager who is satisfactory
to the Owner.
e. In the event that Contractor's manager desires to leave his/her position managing
Contractor's operations under this Contract, said manager will provide the replacement manager
with all necessary and required training to manage Contractor's operation hereunder before leaving
his/her position.
f. The Contractor assumes full responsibility for all actions. of its personnel
performance and/or non-performance of services, obligations, and/or duties under this Contract,
and shall he solely responsible for their supervision, daily direction and control, payment of
wages/salary (including withholding and income taxes, unemployment insurance, workers'
compensation, and Social Security) and the like, as required by applicable federal, state, and/or
local laws.
g. All of Contractor's full time -employees that are engaged in the preparing, handling,
serving and storing of food and beverages for catering, concession, and vending services and sales
under this Contract must meet all applicable state, county, city, and local health district
requirements for such operations.
h. Prior to commencement of its operation at the Center, the Contractor shall furnish to
the Owner a written statement setting forth the names of all employees who will be performing
services under this Contract, the location in which they will work, the commencement date of the
employment at the Center of each such employee, and the duties to be performed by each such
employee. The Contractor shall also furnish to the Owner a monthly written statement setting forth
the names of persons ceasing to be employed by the Contractor at the Center.
i. The Contractor shall also provide the Owner with the following:
•
The number of entry level employee hours to be devoted to formal training
for the staff at the Center during the first two (2) weeks of employment and
monthly/annually thereafter.
43
• A copy of the Contractor's Employee Handbook.
• A written description of recruiting techniques and sources of non-
management labor.
• A written description of personnel policies and practices.
j. Contractor's employees will not solicit or accept tips/gratuities at the Center;
provided, however, that Contractor's employees may accept, but not solicit, tips in any cash bar
environment.
15. Uniforms And Linens.
The Contractor will provide and maintain linens and uniforms for all of its employees.
Selection type, color, style and dress code of uniforms, including specialty uniforms designated to
fit the exact nature of the Center, shall be at the discretion and approval of the Owner. The
Contractor must provide a choice of uniform styles and availability at the Owner's request. The
Owner will provide the graphic standards to be followed in this design. The Owner will consider
the Contractor to be the sole contact and responsible for the services it or its agents provide.
Additionally, the condition of the hygiene and appearance of Contractor's employees is the
Contractor's sole responsibility, notwithstanding the fact the Owner shall have the right to
comment on and, where necessary, cause Contractor to insure that all employees meet minimum
hygiene and appearance standards.
16. Menus.
a. The Contractor shall plan and prepare imaginative menus in consultation and
coordination with the Center Manager and in accordance with Owner's specifications. Quantities,
portions, and prices of all food items and beverages for catering, concession, and vending services
hereunder shall be subject to prior approval by the Owner. Only foods and beverages which are
wholesome and of the best quality, in the opinion of the Owner, shall be purchased and served by
the Contractor.
b. Contractor, upon request of the Center Manager. shall prepare appropriate sample
menus for distribution to prospective users of the Center. All menus shall include the food and
beverages available. prices of such, and date of distribution. All menus shall be subject to the
approval of the Owner prior to distribution and shall be used by the Owner for sales and marketing
purposes.
c. Should the Contractor directly contract with a Center tenant for a meal function,
buffet and/or cocktail party or for providing any services in the Center, Contractor shall forward
within two (2) business days one (1) copy of the completed Contract to the Owner. Such Contract
shall list the various food and beverages to be served, the approximate number of people involved,
the services to be provided, the prices of the various services, the total charges to be collected for
the function by the Contractor and the Owner's commission expected from the transaction.
17. Procurement. Handling, And Sale Of Food And Beverages.
a. Except as otherwise provided in this Contract, the Contractor shall sell those food
and beverage commodities, products and/or articles normally found in catering, concession, and
vending operations of this type. The Owner may require the Contractor to sell items which, in the
Owner's discretion, are necessary for the operation of the food service facilities at the Center and
may limit or require discontinuance of the sale of any products, commodities and/or articles which
44
the Owner deems are not in the best interest of the operation of the food and beverage service
facilities at the Center.
b. The Contractor will not sell food and beverage commodities, products, and/or
articles of inferior quality. All products, commodities, and/or articles to be sold by the Contractor
under this Contract must be approved in writing by the Owner. This requirement does not require
the Contractor to rely exclusively on one seller or manufacturer's item(s), but several
manufacturers or sellers may be used or the Contractor's original source may be changed in the
interest of quality, competition and public appeal, as required by the Owner.
c. The Contractor shall sell only food and beverage commodities, products, and/or
articles that comply with all applicable federal, state and local laws, acts, orders, and/or
regulati ons.
d. The Contractor shall purchase, sell and feature locally produced (Central
Washington State) food and beverage commodities, products, and/or articles as long as said
wholesale prices are competitive with similar products available on the open market.
e. All food and beverage commodities, products, and/or articles kept for sale by the
Contractor under this Contract are subject to inspection and approval or rejection by the Owner at
any time during the term of this Contract. The Contractor shall immediately remove from the
Center all rejected food and beverage commodities, products, and/or articles and such shall not be
returned for sale by the Contractor under this Contract.
f. The Contractor shall purchase food and beverage commodities, products, articles,
and operating supplies (i.e., uniforms, laundry service, paper goods and detergents) from
whatever source or sources that will establish and effect procedures which assure the quality and
quantity required at the most economical prices, it being understood that the Contractor shall avail
itself of all lawful trade, cash, quantity discounts and rebates and all such discounts and rebates,
both local and national, shall inure to the benefit of the food and beverage concession, catering,
and vending sales and services hereunder. The Contractor shall adhere to the Minimum Purchase
Specification Requirements of the Center provided in attached and incorporated Schedule 5. All
such purchases shall be in the Contractor's name and payment shall be made directly to the
supplier.
g . All food and beverage commodities, products, and/or articles received by the
Contractor for use in performing its obligations under this Contract shall be inspected by the
Contractor upon delivery for quality and quantity compliance with its original order. The
Contractor shall store all such food and beverage items in proper areas in sanitary containers which
are dated for effective rotation of stock on a first -in, first -out basis. The Contractor shall cover all
refreshments and food exhibited for sale in showcases or other suitable containers. The Contractor
shall wrap all pre-packaged sandwiches, cakes and other similar products in cellophane or similar
transparent wrapping appropriate to the food service industry.
h. As a matter of general policy, prices of food and beverage commodities, products,
and/or articles sold by the Contractor pursuant to this Contract shall not be higher than those
charged at comparable restaurants, bars, snack stand facilities, hotels, stadiums, convention
centers, arenas, etc., for the same quality merchandise and services within the non -urban market
Pacific Northwest Region of the United States of America. Prices must be posted in displays on
all stands and vendor's equipment. Within thirty (30) days after execution of this Contract, the
Contractor shall submit a proposal for lighted price signs to be provided by the Contractor for the
written approval of the Owner. The Owner shall be the sole and final judge for prices, sign
quality, size of letters and propriety of any such lighted price signs.
45
i. The Contractor shall submit a detailed price schedule to the Owner based on current
market conditions for any and all food and beverage commodities, products, and/or articles it
proposes to sell under this Contract. The price schedule shall include the size, weight, quantity
and price of each proposed food or beverage product, commodity, and/or article. The price
schedule and all prices shown thereon are subject to the approval of the Owner. The Owner and
the Contractor shall, on a quarterly basis, or as deemed necessary by the Owner or the Contractor,
review the price schedule of all products, commodities, and/or articles sold under this Contract.
Any changes in the price schedule are subject to the prior approval of the Owner.
j. If the Contractor desires to sell any food and beverage commodity, product, and/or
article not included in the approved price schedule, the Contractor must first obtain the written
approval of the Owner to sell such item. If the Contractor desires to substitute a food or beverage
commodity, product, and/or article listed in the approved price schedule, the Contractor must first
obtain written approval of the Owner for such substitution.
k. Contractor shall utilize an electronic, computerized cash control system for its
catering, concession, and vending services and sales under this Contract. This system must track
food and beverage commodities, products, and/or articles from purchase order through actual sales
transactions for all catering, concession, and vending services and sales under this Contract. Said
system is subject to approval by the Owner prior to its installation and use by the Contractor.
1. The sale of chewing gum, cigarettes, cigars, chewing tobacco, matches, and any
and all other tobacco related products by the Contractor under this Contract is strictly prohibited.
18. Sale Of Alcoholic Beverages.
a. The Contractor shall obtain and maintain all federal, state, and local permits and
licenses required for the sale, service, and consumption of intoxicating beverages, alcoholic
beverages, and/or any fermented ale, wine, liquor, or spirits under this Contract. The costs
associated with the Contractor obtaining all such licenses and permits shall be the sole
responsibility of the Contractor.
b. The types of concession and catering activities, events, functions at which wine,
beer, or other alcoholic beverages are sold by the Contractor under this Contract is subject to the
prior approval of the Owner and subject to any policies and procedures established by the Owner
regarding such activities, events, or functions. If any Center licensee, with the prior approval of
the Owner, requires that its patrons be allowed to bring alcoholic beverages upon the Center
premises, then the Contractor shall have the exclusive right to sell ice, cups, and non-alcoholic
beverages, commonly referred to as set-ups, and to levy corkage charge during such functions at a
price approved by the Owner.
c. The Contractor must provide at its own expense an alcohol awareness training
program for its employees (i.e., TIPS, TEAMS, etc.) and provide the Owner with complete
information regarding such program.
19. Advertising.
The Contractor shall not advertise in any manner other than as approved by the Owner.
The Contractor shall have no right to use the trademarks, symbols, trade name, or name of the
Owner or Center, directly or indirectly, in connection with any activity, event, function,
promotion, production, service, and/or publication without the prior consent of the Owner.
46
Top Sirloin
14.00
8oz
4.60
Chicken Cordon Bleu
14.50
7oz
4.40
Yakima Chicken Breast
14.50
Boz
4.30
Baked Swiss Steak
13.00
7oz
3.80
Petite Sirloin w/Salmon
19.95
l0oz
6.50
Petite Sirloin with
Herbed Chicken
17.50
l0oz
5.15
Item
Selling
Price
Portion
Size
Product
Cost
SUMER BARBECUE:
18.75
16oz
5.25
BBQ Chicken
Baby Back Ribs
Baked Beans, _
Corn on the Cob -
Roasted Petite Red Potatoes
Tossed greens
.
Slicked Beefsteak Tomatoes
in Vinaigrette
Potato Salad
Mounds of Melon and Slaw -
Relishes -
-
.
Assorted Home-made Roll
with Butter
Strawberry Shortcake
Coffee, Ice Tea, Lemonade
Item
Selling Portion
Price - Size
Product
Cost
INTERNATIONAL BUFFET:
22.00
16oz
6.25
Curried Lamb Chops
(Indonesian)
Shrimpen Verde and
Chicken Parmigiana
(South of the Border)
Empanadas (Pork Filled
Pastry)
Caesar Salad (Italian)
Fried Bananas (Polynesian)
Breads (Many Countries)
Paella (Spanish Salad)
Tabuli (Turkish Salad)
Fresh Fruit (Hawaiian)
Pastries (France)
Beverages
Item
Selling
Price
Portion
Size
Product
Cost
DINNER BUFFET:
15.00
16oz
4.20
Standing Roast Baron of
1Assorted Meats & Cheeses
2.50
Beef
.62
Cheese Ball w/Crackers
12.00
Breast of Chicken Supreme
lb.
.75
1Stuffed Pineapple
Parsley Buttered New
1per person
.25
1 Petit Puffs w/Cream Cheese
Potatoes
fea. piece
.25
iPecan Chicken .95
Peas w/Pearl Onions
.23
'Italian Strudel 1.95
ea. piece
Tossed Greens w/Choice of
Cheese Tray with Apples,
Grapes, Pears, Cheddar,
Swiss Pepper, Harvard
Cheeses
2.00
Dressing
.55
Stuffed Eggs
6.00
Strawberry Chiffinade
doz/halves
.15
BBQ Pork Loin
Layered Pea Salad
per person
.20
Marinated Six Bean Compote
Relishes - Rolls & Butter
Dessert Buffet to Include:
Assortment of Fruit Pies,
Chocolate Torte, Cheese
Cake and Carrot Cake
5. Cocktail Reception Menu:
Cocktail Receptions can be a very elegant affair or more
simple Happy Hour Foods or go into theme menus for
specific groups. M & M Catering endeavors to plan these
events with individual groups in accordance with their
budget, and purpose of the gathering, striving to maintain
a 25-30 percent food cost.
Selling
Price
Item
Portion
Size
Product
Cost
COCKTAIL RECEPTION:
1Assorted Meats & Cheeses
2.50
3.5oz
.62
Cheese Ball w/Crackers
12.00
lb.
.75
1Stuffed Pineapple
1.00
1per person
.25
1 Petit Puffs w/Cream Cheese
1.00
fea. piece
.25
iPecan Chicken .95
ea. piece
.23
'Italian Strudel 1.95
ea. piece
.25 -
Cheese Tray with Apples,
Grapes, Pears, Cheddar,
Swiss Pepper, Harvard
Cheeses
2.00
per person
.55
Stuffed Eggs
6.00
doz/halves
.15
BBQ Pork Loin
2.50
per person
.20
Pin Wheels -Ham or Turkey
.65
per person
.20
Vegies & Dip
2.50
per person
.40
Fruit Tray
2.50
per person
.40
Sweet & Sour Meatballs
5.00
dozen
.20 each
Ginger Chicken
1.50
1.5
.37
Stuffed Mushrooms (Wild
Rice & Shrimp)
1.50
1.5
.39 each
Mini Cordon Bleu
1.50
1.5
.32
Baked Oysters on Half Shell
2.50
each
.55
Mini Quiche
1.00
each
.25
Seafood Stuffed Eggs
15.00
doz/halves
1.00 ea
6. LIQUOR FUNCTIONS:
M & M Catering is happy to set up mobile bars for any
number of guests. However, a minimum dollar amount per
hour is required. These prices are in effect whether or
not food is being served. All bar prices include
Washington State sales tax.
•
ALL BARS: A $50.00 per hour minimum must be met on all bars.
If the bar does less than $50.00 per hour you will be billed
the remainder to reach $50.00
1.4 TA
NO -HOST BARS: Well Brands $3.25 each
Call Brands $3.75 each
HOSTED BARS: All drinks are paid by one person. Sales are
figured by the drink, a 15% gratuity is added to total, sales.
The customer has a choice of well brands only or call brands.
WINE: House Wines -White, Blush or Red $12.00 per carafe - 6 -
servings. In addition, we supply Yakima Valley Wines per
request by client, price varies.
BEER: Full Keg $200.00 - 188 servings
Domestic Can beer -Bud & Bud Light $2.00 per can
Micros & Imports available, price varies.
CHAMPAGNES
Cooks Brut $12.00 per bottle
Other brands on request, price varies
SOFT DRINK SPEED BARS
7 -UP, Squirt, and Pepsi $1.00 per glass
Juice $1.50 per person
M & M Catering uses Monarch Dist. for well' liquors. Of course if
a group requires a specific brand we are happy to have it available
for them. Our call brands are as follows:
Canadians:
Mac Naughtons, Black Velvet, VO,
Tennessee Whiskey:
Jack Daniels, Black Label, George
Dickle, George Dickle 8 year
Gin:
Beefeater, Tanqueray
Vodka:
Absolute, Smirnoff
Rum:
Bacardi
Scotch:
Cuttysark, Johnny Walker, J&B
Rare, Red Label
7. Meeting/Special Function Beverage/Snack _Service:
Item
Selling
Price
Portion
Size
Product
Cost
Freshly Brewed Coffee, Tea
or Decaf
44.00
per urn
12.00
2% Chocolate Milk
1.65
pint
.65
Assorted Danish
1.50
each
.32
Old Fashioned Brownies
17.50
per doz.
.24
Assorted Muffins
1.50
each
.27
Fresh Fruit in Season
2.50
per person
.75
Cookies
10.95
per dozen
2.50
Assorted Fruit Juices
1.25
each
.30
Lemonade & Ice Tea
6.00
per
pitcher
1.50
Assorted Soft Drinks
1.25
each
.40
Assorted Flavored Seltzer
1.50
each
.65
8. Catering and Banauet Services:
See Addendum G for menus.
PRICING INFORMATION: (page 30)
1. Please see menus for pricing information. The date of costing
the menus was March of 1996 and includes a volume discount with
Foods Services of America through Goodale and Barbieri.
ITEM:
Selling Portion Product Cost
Price Size Cost Plus 10%
BREAKFAST:
6.50
r1.78
1.96.._
Quiche Lorraine•
Eggs, Bacon, Cream
Tart Shell and Cheese
Boz
.91
Demi Danish
2oz
.35
Melon & Berries
4oz
.40
Beverage
_
4oz
.12 -
ITEM:
Selling Portion Product Cost
Price Size Cost Plus 10%
LUNCH:
9.00
2.50
2.75
Stuffed Pork Loin
4oz .96
Apple Dressing
2oz .12
Potato
5oz .25
Vegetable
3oz .20
Greens w/Dressings _.30
Rolls & Butter .15
Lemon Cake .40
Beverage _ .12
ITEM:
Selling Portion Product Cost
Price Size Cost Plus 10%
DINNER:
14.00
4.60
5.06
Top Sirloin en Glaze
Boz 2.08
Potato
8oz .50
Vegetable
3oz .35
Spinach Salad
3oz .75
Rolls & Butter 1.5oz .15
Cheese Cake
Beverage
3oz .65
Boz .12
2. See Addendum H for Operating Budget years one through seven.
SCHEDULE "E"
Additional
Information
SCHEDULE "EN
ADDITIONAL INFORMATION
4.05 proDoser's Qualifications (page 8-10)
1. Please accept the following information to demonstrate our
capability to provide food and beverage service in a major
convention center facility.
a. Following are answers to the business questionnaire.
1. M & M has held the catering contract with Yakima
Center since 1976 and has enjoyed continuous
growth.
2. We are proud that we have been able to maintain an
unblemished Class H & I license with the
Washington State Liquor Control Board for more
than twenty years. This licensing enables and
covers our bar/liquor service anywhere in the
state of Washington.
3. The experience of food and drink service for
banquets and concessions or restaurant style
service for five hundred or more is our specialty.
M & M is often out of the building for the
catering of special events, often many groups at
a time, totaling 1500 people or more. Many off -
sight groups have numbered more than said amount.
* Opening luncheon of the Yakima SunDome - 3000
* Yakima Indian Nation at Renegade - 3400
* Speaker Symposium at the SunDome - 1500
* Hispanic Academic Achievement Program - 1500
* Lawmen 1000 - 1700
The latter group mentioned is returning to Yakima
for second conclave, in part, do to the quality
of food and service afforded them at their last
BBQ. We have enclosed a few of our thank you
letters (see Addendum I).
b. Donna Moultray has successfully managed/4 & 14 Catering
for the past 24 years and has the ability to provide
resident experience, professional management and
support services to insure a quality program. 14 & 14
Catering is fortunate to have a very experienced staff
including the Chef who has been employed with M & M
Catering for .the past nine years.
c. See Addendum A for Financial Statement.
d. M & M Catering will continue to work with the
Visitor & Convention Bureau as well as the Yakima
Center sales staff to promote convention center
use.
Past records will show a steady growth in revenues
from sales outside of the Center. These sales are
generated from the efforts of the M & M sales
staff.
e. G & B, by policy and preference, assures equal
employment opportunity in all its hiring practices and
policies including, but not limited to, recruitment,
compensation, training, layoff and recall practices,
employment, and benefits.
We believe that every employee has the right to work
in surroundings free from all forms of unlawful
discrimination. It is our policy that all decisions
involving any aspect of the employment relationship
shall be made without regard to race, color, creed,
religion, ancestry, national origin, citizenship, age,
disability, sex, veteran's status marital status, or
any other characteristic protected under federal,
state or local law.
f. It is our pleasure to use the services of local
-vendors whenever possible. At this time M & M is using
many local companies to name a few:
* IMS Meat Products
* Rays Meats
* Snyder's Bakery
* General Supply (Janitorial)
* Yakima Valley Wineries
* Crystal Linen
* Deep Sea Deli
* Pepsi Cola Bottling
* Party Palace
* R & R Beverage
* Andrews Distributing
* Oroweat Bakery
In addition to local vendors, we like to promote and
be actively involved with the promotion of
Yakima in general. By supporting local concerns and
maintaining memberships; To name a few:
g. OUALITY CONTROL: The quality of food, products and
service is of the utmost -importance. M & M Catering
is proud of their unblemished record with the Yakima
County Health Department. We are subject to all of
20. Food And Beverage Samples.
a. Contractor understands and agrees that food and beverage commodities, products,
and/or articles may be germane to a Center activity, event, or function. As such, nothing in this
Contract shall be construed to prohibit a Center licensee/tenant from exhibiting any food and/or
beverage commodity, product, and/or article, or from dispensing free samples of food and
beverages, in connection with a Center activity, event, or function. The Center Manager shall
determine whether food and/or beverage samples are appropriate for a Center activity, event, or
function.
b. Food and beverage samples will normally be restricted to the following quantities:
• food sample -- 2 ounce portion
• beverage sample -- 4 ounces
Where it is appropriate for a Center activity, event, or function, the Center Manager may authorize
larger sample quantities.
21. Equipment And Smallwares.
a. The Owner will provide certain equipment to the Contractor for its use in
performing its obligations under this Contract. Said equipment is listed on attached and
incorporated Appendix C. The Contractor acknowledges that it has inspected said equipment prior
to execution of this Contract and that said equipment is in good condition and repair, and is
acceptable. The Contractor is responsible for maintaining said equipment in good condition and
repair. The Contractor shall, at its expense, repair or replace any of said equipment that is
damaged during its operations under this Contract. Said equipment shall not be removed from the
Center premises by the Contractor without the written approval of the Owner. At the termination
of this Contract, the Contractor shall return said equipment to the Owner in the same condition as
existed at the inception of this Contract, except for normal wear and tear, and will reimburse the
Owner for any of said equipment that is damaged or missing on the basis of replacement value.
b. The Owner shall furnish, up to the quantity owned by the Owner and available at
the Center, tables and chairs to tenants for catered and special events at the Center. All fee charges
for the use of the Owner's tables, chairs, and Center premises for catered events shall be retained
by the Owner. The Owner, at its option, may directly bill the tenant for said use fees or require the
Contractor to bill said use fees to the tenant and remit said fees to the Owner. Said use fees shall
not be included in the Contractor's gross revenues under this Contract.
c. The Contractor shall, at its expense, furnish all tables, chairs, smallwares, and
other items necessary for any and all off-site catered activities, events, or functions. All use fees
charged and received by the Contractor shall be included in Contractor's gross revenues under this
Contract.
d. The Contractor shall supply all smallwares necessary to accommodate 1,650 guests
during its operations under this Agreement. Said smallwares are listed in attached and incorporated
Schedule 1. The Contractor shall maintain its smallwares in good and presentable condition,
including ensuring that said smallwares are washed after each use to achieve maximum cleanliness
and sanitation. The Contractor's washing of glassware and cutlery must produce spotless drying.
Contractor shall perform, at its expense, a physical inventory of said smallwares on a quarterly
basis. Contractor shall provide the Owner with the results of each smallware inventory within five
(5) calendar days after the inventory is completed. The Contractor shall replace missing or
damaged smallwares within thirty (30) calendar days of the inventory. The smallware replacement
47
costs shall be deemed a controllable expense of the Contractor. Said smallwares are and shall
remain the property of the Contractor.
e. Except for the equipment listed on Appendix C and equipment obtained with the
equipment use fee specified in Section 5 of this Contract, the Contractor shall provide any and all
other equipment necessary to conduct its operations and perform its obligations under this
Contract. The Contractor shall maintain, at its expense, such equipment in good condition and
repair. The Contractor shall, at its expense, repair or replace said equipment that is damaged
during its operation under this Contract. The Contractor shall be responsible for any damage to its
equipment during its operations under and/or term of this Contract. The Contractor shall provide
the Owner with an inventory of the equipment it shall use on the Center premises prior to the
commencement of its catering, concession, and vending services and sales at the Center. Said
inventory shall be updated and kept current by the Contractor and a copy of the updated inventory
shall be available to the Owner upon request.
22. Maintenance. Repair And Sanitation.
a. The Contractor shall maintain, at all times, the Center kitchen, storage areas, food
and beverage preparation/service areas (including the area within a twenty-five (25) foot radius of
all mobile and fixed concession stands), and all related equipment, fixtures, paraphernalia,
material, utensils and other items therein, in a clean, sanitary, and operable condition, and comply
with all applicable health and sanitation laws and regulations. The Contractor shall at all times
permit and facilitate inspection of its food and beverage service operation under this Contract by the
Owner, its representatives and by authorized public authorities.
b . The Contractor shall be responsible for and shall repair any and all damage to the
Center kitchen, storage areas, food and beverage preparation/service areas (including the area
within a twenty-five (25) foot radius of all mobile and fixed concession stands), other Center
areas, and all related equipment, fixtures, improvements, appurtenances, floors, walls, and other
property therein where said damage occurs during Contractor's use of the respective Center area.
At the termination of this Contract, the Contractor may remove its own equipment, but will be
responsible for leaving the Center premises in the same condition as existed at the inception of this
Contract, reasonable wear and tear excepted, and will reimburse the Bureau for damage to the
Center premises.
c. The Contractor shall follow and comply with the Sanitation Regulations and Job
Inspection requirements attached hereto and incorporated as Schedule 6. The Contractor shall
provide the Owner with a description of its approach to sanitation practices and a description of its
program used to train its employees in proper sanitation procedures.
d. The Contractor shall transport all waste materials, including grease, from the Center
kitchen, storage areas, and food and beverage preparation/service areas, including the area within a
twenty-five (25) foot radius of all fixed and mobile concession stands, to waste receptacles
provided by the Contractor at garbage pick-up areas, in a manner and by a route designated by the
Owner. Such removal shall be made during and after each Center activity, event, or function, and
all trash handling costs shall be borne by the Contractor.
e. The Contractor must not discharge any grease into the Center's drains and must
keep grease in containers for disposal by the Contractor. If the Contractor fails to comply with this
provision, any cost, charge or expense incurred in opening, cleaning and/or repairing drains for
such discharge will be paid by the Contractor.
48
f. Contractor expressly agrees to comply with all codes, ordinances, regulations and
laws regarding environmental health and safety matters, including the use and disposal of cleaning
agents and the like.
g. In the event that the Owner deems that the Contractor's sanitation services are
unsatisfactory, the Owner reserves the right to contract for or provide such sanitation services and
charge the Contractor for said sanitation services. This right is in addition to all other rights the
Owner may have under this Contract and the law as a result of Contractor's unsatisfactory
sanitation services.
23. Alterations And Modifications.
The Contractor shall obtain the written approval of the Owner prior to making any
alterations or modifications to or installation of equipment in the Center kitchen, storage areas, and
food and beverage preparation/service areas. All approved alterations and modifications shall be
constructed and completed in a competent and skillful manner. All approved and completed
alterations or modifications to said areas shall become a part of the Center premises and shall be the
property of the Owner.
24. Rodent Control.
The Contractor shall engage and supervise exterminators to control rodents and other
vermin and pests as is necessary, but at least on a monthly basis. Such extermination services
shall be supplied in all areas where food and beverage commodities, products, and/or articles are
prepared, stored, and/or dispensed by the Contractor in performing its obligations under this
Contract. Documentation of such services shall be retained and provided to the Owner.
25. Affirmative Action.
a. Contractor understands that all labor contractors who are issued permits to work
within the Center are required to make a concerted effort to employ a work force which is
representative of the minority population of the City of Yakima. To that end, the Contractor agrees
to meet with the Owner within fifteen (15) days after the award of the Contract and shall, within
ninety (90) days after said award, complete preparation of an affirmative action plan to achieve a
fully integrated work force, subject to approval by the Owner. Pertinent data regarding minority
populations within the City of Yakima shall be supplied by the Owner.
b. The Owner may terminate this Contract and any other contract for failure by
Contractor or other labor contractor to demonstrate, without good cause as determined by the
Owner, compliance with or substantial progress toward the goals set forth in the approved
affirmative action plan. Prior to any termination, the Owner shall give notice of noncompliance
and a sixty (60) day period thereafter within which to make progress toward compliance.
c. The Contractor will furnish all information and reports required by the Owner, and
will permit access to its books, records, and accounts by the Owner for purpose of investigation to
ascertain compliance with this section.
d. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to sex, race, color, religion, ancestry, or national origin.
e. The Contractor will send to each labor union or representative of workers within
which it has a collective bargaining Contract, a notice advising the labor union of the Contractor's
49
commitments under this section and shall post copies of the notice in conspicuous places available
to employees and applicants for employment. -
f. In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Contract, this Contract may be canceled, terminated or suspended.
g. The Contractor will include the provisions of paragraphs "a" through "d" in every
subcontract, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as the Owner
may direct as a means of enforcing such provisions; provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the Owner, the Contractor may request Owner to enter into such
litigation to protect the interests of the Owner.
26. Nondiscrimination.
During the performance of this Contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for
employment because of race, sex, creed, color, or national origin. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to sex, race, color, religion, ancestry, or national origin.
c. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining Contract or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor union or workers' representative of
the Contractor's commitments under Section 202 or Executive Order No. 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
d. The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and order of the Secretary of
Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the
Center for purpose of investigation to ascertain compliance with such rules, regulations, and
orders.
f. In the event of the Contractor's noncompliance with the nondiscrimination clause of
this Contract or with any of such rules, regulations or orders, this Contract may be canceled,
terminated or suspended in whole or in part and the Contractor may be declared ineligible for
further government contracts in accordance with procedures authorized in Executive Order No.
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order No. 11246 of September 24, 1965, or by rules, regulations or orders
of the Secretary of Labor, or as otherwise provided by law.
50
i
g. The Contractor will include the provisions of paragraphs "a" through "g" in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so
that such provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the contracting agency may direct
as a means of enforcing such provision, including sanctions for noncompliance; provided,
however, that in the event the Contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor
may request the United States to enter into such litigation to protect the interests of the United
States.
27. Taxes And Assessments.
The Contractor shall pay all license fees, assessments, taxes, and deductions resulting from
Contractor's performance of its obligations under this Contract, including but not limited to all
retail sales taxes on the products and services provided hereunder by the Contractor, federal
income tax, FICA, social security tax, and assessments for unemployment and workers'
compensation insurance. In the event a tax or assessment is imposed against the Owner as a result
of the Contractor's performance of its obligations under this Contract, the Contractor shall pay said
tax or assessment before it becomes due.
28. Status Of Contractor.
Contractor is an independent contractor, and none of Contractor's employees or agents
shall be considered an employee of the Owner. Contractor and Contractor's employees or agents
shall make no claim of Owner employment or claim any related employment benefits from the
Owner, including but not limited to medical benefits, worker's compensation, social security,
and/or retirement benefits. Contractor has no authority to nor shall Contractor represent that it has
authority to bind the Owner in any manner.
29. No Guarantee.
The Owner in no way promises or guarantees the number of Center activities, events, or
functions, or the level of attendance at same, or the sales, payments, and revenues to Contractor
resulting from Center activities, events, functions.
30. No Conflict Qf Interest.
Contractor represents that it and its employees do not have any interest and shall not acquire
any interest, direct or indirect, which would conflict in any manner or degree with the performance
of this Contract Contractor further covenants that it will not hire anyone or any entity having such
a conflict of interest during the term of this Contract.
31. Compliance With Law.
The Contractor shall procure all permits and licenses and pay all charges and fees necessary
and incidental to the lawful conduct of its catering, concession, and vending sales and services
under this Contract. Contractor agrees to perform all of its obligations under and pursuant to this
Contract in full compliance with any and all applicable laws, rules, and regulations enacted,
adopted, or promulgated by any governmental agency, legislative body, or regulatory body,
whether federal, state, local, or otherwise.
51
32. No Insurance Provided By Owner.
The Owner does not maintain any insurance, liability or otherwise, for or on behalf of the
Contractor.
33. Indemnity. Hold Harmless. And Defense.
a. Contractor agrees to indemnify and hold harmless the Owner, County of Yakima,
the Bureau, their elected officials, officers, employees, agents, and volunteers from and against
any and all claims, demands, causes of action, losses, damages, costs, liens, and liabilities, in law
or in equity, of every kind and nature whatsoever, directly or indirectly arising out of, relating to,
or resulting from Contractor's performance or nonperformance of this Contract; resulting from or
caused by the use and occupation of the facilities hereinbefore described, whether such use is
authorized or not; or from any act or omission of Contractor, or any of its officers, agents,
employees, contractors, subcontractors, guests, patrons, or invitees.
b. Additionally, the Contractor shall, at its sole risk and expense defend any and all
suits, actions, or other legal proceedings which may be brought or instituted against the Owner,
County of Yakima, the Bureau, their elected officials, officers, employees, agents, and volunteers
or any such claim, demand or cause of action, and the Contractor shall pay and satisfy any
judgment or decree which may be rendered against the Owner, County of Yakima, the Bureau,
their elected officials, officers, employees, and agents in any such suit, action or other legal
proceedings.
34. Insurance Provided By Contractor.
Contractor shall, at its sole cost and expense, procure and maintain the following types and
limits of insurance through the term of this Contract:
a. Commercial liability insurance on an occurrence basis subject to a $1,000,000 per
occurrence limit and $2,000,000 aggregate. The policy shall contain a "Per Job Aggregate"
endorsement. The policy shall include Employers Liability (Washington Stop Gap) coverage. The
policy shall have a deductible of $5,000 or less and the Contractor will be responsible for the
payment of any deductible amount. Higher retention or deductible limits may be acceptable on
prior approval by Owner. Such insurance shall be primary and noncontributory with any other
coverages, including the Owner's, and such insurance shall afford immediate defense and
indemnification of the Owner.
b. Commercial Automobile Liability insurance policy for any auto with limits not less
than $1,000,000 per occurrence, combined single limit for bodily injury or death and property
damage, including loading and unloading operations.
c. Commercial Umbrella Liability insurance coverages shall be provided in excess of
the Commercial General Liability, Commercial Automobile Liability, and Employer's Liability
coverages with limits of no less than $5,000,000 per occurrence. The deductible or self-insurance
retention for this coverage shall not exceed $10,000 per occurrence.
d. Blanket employee dishonesty insurance policy with limits of no less than $500,000.
e. Special Form (All -Risk) insurance, providing one -hundred percent (100%)
replacement value, covering loss or damage to personal property both owned by Contractor and
owned, leased, or controlled by the Owner and provided by the Owner for use by Contractor under
the terms of this Contract located in the Center. The deductible or self-insured retention for the All -
52
Risk insurance shall not exceed $5,000 per occurrence. The Special Form (All Risk) insurance
must include the following loss payee endorsement language:
THE CITY OF YAKIMA IS NAMED AS LOSS PAYEE AS TO ALL LOSS OF
PROPERTY OR DAMAGE TO PROPERTY OWNED, POSSESSED,
CONTROLLED, OPERATED OR LEASED BY THE OWNER.
f. Contractor, by executing this Contract, certifies that it is aware of the provisions of
Title 51 of the Revised Code of Washington (RCW) which require industrial insurance coverage
for employees, and certifies that it will comply with such provisions before commencing
performance of this Contract, and shall present adequate evidence thereof to the Owner.
35. Additional Insurance Conditions.
a. All insurance policies shall be issued by an insurance company authorized by law to
conduct business in the State of Washington. Such insurance company and policies are subject to
the prior approval and acceptance of the Owner and who has a current minimum rating of A -VII in
Best's Guide.
b. The Commercial General Liability, the Commercial Automobile, the Employer's
Liability, and Employee Dishonesty Liability insurance policies required under this Contract must
name the Owner, County of Yakima, the Bureau, their elected officials, officers, employees, and
agents as additional insureds with primary coverage, whether or not said entities and/or persons
have other insurance against any loss covered by said insurance.
c. The Contractor shall furnish a certificate of insurance as evidence of coverage for
each policy including the appropriate additional insured endorsement. Each certificate shall provide
that if the insurance policy is canceled by the insurance company or Contractor during the term of
this Contract, the insurance company shall provide the Owner with sixty (60) days written notice
prior to the effective date of such cancellation. Under the cancellation section of the certificate, the
words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of
any kind upon the company, its agents or representatives" should be crossed out. If requested by
the Owner, the Contractor shall furnish a complete copy of the insurance policy to the Owner."
d. Unless expressly waived in writing by the Owner, Contractor shall, throughout the
term of this Contract, require all of Contractor's agents, licensees or subcontractors providing a
service at the Center to provide Contractor and the Owner with certificates of insurance and
insurance policies evidencing the same type of Commercial General Liability, Workers'
Compensation, Employers' Liability, and Commercial Automobile Liability insurance coverages
with the same policy limits required of Contractor by this Contract. Said insurance shall include
the additional insured endorsement and the cancellation terms required of the Contractor by this
Contract.
e. Contractor's compliance with insurance coverage requirements shall not be
construed to relieve the Contractor from liability in excess of the insurance policy limits.
f. The Contractor shall comply with any and all applicable insurance and fire
prevention laws, rules, and regulations, enacted, adopted, or promulgated by any governmental
agency, legislative body, or regulatory body, whether federal, state, local, or otherwise.
36. Waiver Of Damage Claims And Subrogation.
Contractor, its officers, agents, employees and insurer(s) hereby waive any right of
recovery and release the Owner, its elected officials, officers, employees, volunteers, agents, and
53
assigns from any and all liability or responsibility, including anyone claiming through or under
them by way of subrogation or otherwise, for any loss or damage which Contractor, its officers,
agents, employees and/or insurers may sustain incidental to or in any way related to -Contractor's
catering, concession, and vending services/sales, and all other operations under this Contract.
Contractor shall obtain a written waiver of subrogation from its insurance carrier(s).
37. Performance Bond.
A Performance Bond issued by a professional surety company authorized to do business in
the State of Washington in the amount of One Hundred Twenty -Five Thousand Dollars
($125,000.00) shall be executed and delivered to the Owner and subject to approval of the
Purchasing Agent within ten (10) calendar days after execution of this Contract to insure the
faithful and full performance of all covenants, terms, and conditions of this Contract. Said
Performance Bond shall be maintained and kept in full force and effect by the successful
Contractor during the entire term of this Contract.
38. Assignment.
This Contract shall not assign, subcontract, transfer, hypothecate, mortgage or otherwise
encumber any right, duty, obligation, liability, claim, or interest hereunder without the prior
written consent of the Owner. In the event that such an assignment., subcontract, or transfer is
permitted by the Owner, the assignee, subcontractor, or transferee shall assume all of Contractor's
duties, obligations, and liabilities under this Contract.
39. Removal Of Subcontractor.
If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the Owner may request in writing that the subcontractor be removed. The
Contractor shall comply with this request at once and shall not employ the subcontractor for any
further work/services under this Contract.
40. Subordination.
This Contract and everything herein contained shall be subordinate to any ground and underlying
lease or leases and to any charge or charges (including deeds of trusts, mortgages, bonds, and all
instruments supplemental thereto) and all renewals, modification, consolidations, replacements and
extensions thereof created by the Owner in respect to the Center and the Contractor hereby
covenants and agrees that it will at any time and from time to time as required by the Owner during
the term hereof and any extension or renewal, give all such further assurances relative to this
proviso as may be reasonably required to evidence and effectuate this subordination of its rights
and privileges hereunder to the holder or holders of any such ground and underlying lease or leases
and charge or charges (including deeds and trusts).
41. Payment For Utilities.
The Owner shall provide gas, electrical, and water services at the Center for use by the
Contractor in performing its obligations under this Contract; provided, however, that such services
will be separately metered and charged back to the Contractor on a monthly basis.
42. Waiver Of Bureau Liability.
It is understood by Contractor that the Bureau is a lessee of the Center and that all
agreements, contracts, and licenses are subject to the terms and conditions of the Bureau's lease
with the Owner. Should that lease be terminated or expire or should the Bureau be unable to
54
perform any of the conditions or covenants of its lease provisions with the Owner, then, to that
extent, the Contractor waives any liability of the Bureau to Contractor.
43. Default Or Breach.
Each of the following events constitutes a default or breach of this Contract by Contractor.
a. If Contractor files a petition for bankruptcy, insolvency, or reorganization under
any bankruptcy act/law, or shall voluntarily take advantage of any such act/law by answer or
otherwise, or shall make an assignment for the benefit of creditors.
b. If involuntary proceedings under any bankruptcy or insolvency act/law is instituted
against Contractor, or if a receiver or trustee is appointed to administer Contractor's affairs, and
such proceedings are not dismissed or the receivership or trusteeship vacated within sixty (60) after
the institution or appointment
c. If the Contractor fails to timely pay the Owner any minimum or commission
required under this Contract.
d. If the Contractor fails to perform, keep, and/or observe any of the terms,
covenants. conditions, and/or obligations of this Contract, and the failure continues for a period of
ten (10) calendar days after written notice of the failure is provided by the Owner to the Contractor,
or if the failure cannot be reasonably corrected/remedied within the ten (10) calendar day period,
the Contractor does not in good faith commence correction/remedy within the ten (10) calendar day
time period and does not diligently proceed to completion of the correction/remedy.
e. If the Contractor vacates or abandons the Center premises and its catering and
concession service under this Contract.
44. Effect Of Default Or Breach.
In the event of any default or breach of this Contract as set forth in Section 41, the Owner
has the following options:
a. The Owner may, in its discretion, terminate this Contract upon giving the
Contractor five (5) calendar days written notice of termination. The Contractor shall be liable to the
Owner for all damages, losses, expenses, and costs suffered by the Owner as a result of the
Contractor's breach/default.
b. After termination, the Owner may, in its discretion, enter into a catering and
concession contract for the Center with another party. In such case, the Contractor shall be liable
to the Owner, in addition to all other damages and/or losses caused by the Contractor's breach, for
all expenses and costs incurred by the Owner in obtaining another party to perform catering and
concession sales and services at the Center. The Contractor shall also be liable to the Owner for
the difference in minimums and/or commissions received by the Owner under the new catering and
concession contract and the minimums and/or commissions due from the Contractor to the Owner
during the same period under this Contract.
c. The Owner may, in its discretion and without notice, enter the Center premises
immediately and remove any property of the Contractor, and store the property in a public
warehouse or other place selected by the Owner, at the expense of the Contractor. If the
Contractor has not paid the removal and storage expenses of the Owner within thirty (30) calendar
days of removal, the property shall become the property of the Owner. The Owner may, in its
55
discretion, dispose of the property in any manner without payment or reimbursement to the
Contractor.
d. Upon termination, the Owner may, in its discretion, require the Contractor to
remove any and all improvements, fixtures, facilities, and structures, constructed or placed on the
Center premises by the Contractor, title to which has not vested in the Owner, and restore the
Center premises and leave such in the same condition as existed at the time of commencement of
this Contract, complete with all of Owner's equipment, furnishings, and fixtures inventoried at the
time of commencement of this Contract.
e. Upon termination for default or breach of this Contract, Contractor is not entitled to
any reimbursement of, and waives any claim or interest in, the equipment use fee specified in
Section 5.
f. The Owner may, in its discretion, assert any other remedy, means, or claim
provided in law or equity as a result of Contractor's default or breach of this Contract.
g. The Owner may, in its discretion, utilize any combination of the above options. All
rights and remedies of the Owner under this Contract are cumulative and not alternative.
4 . Termination Without Default Or Breach.
a. The Owner or Contractor may terminate this Contract, where no default or breach
of the Contract has occurred, by giving the other respective party sixty (60) calendar days written
notice of termination. Upon termination of this Contract, through passage of time or otherwise,
Contractor shall assist Bureau and Owner in a transfer of the operations within sixty (60) calendar
days after notification of termination.
h. Upon such termination by the Owner, the Owner shall pay the Contractor an
amount equal to the undepreciated value of the equipment use fee specified in Section 5. Upon
such termination by the Contractor, the Contractor agrees and acknowledges that it is entitled to no
reimbursement of, and waives any claim or interest in, the equipment use fee specified in Section
5.
c. Upon such termination by either party, and at the Owner's election, Contractor
agrees to sell any or all of the Contractor's movable fixtures and equipment installed or used upon
the Center premises. In the event Owner elects to purchase any or all of said fixtures or
equipment, then Owner shall notify Contractor in writing at least twenty (20) calendar days prior to
termination of this Contract. In the event Owner exercises its option to purchase any or all of said
business fixtures and equipment, the purchase price shall be the fair market value of such items at
the date of such termination. If the parties are unable to agree upon the fair market value, each
party shall appoint one qualified appraiser and the two appraisers shall determine the fair market
value of such items, which determination shall be final and binding upon the parties. The cost of
these appraisers shall be shared equally by the Owner and Contractor.
d . Upon termination, the Owner may, in its discretion, require the Contractor to
remove any and all improvements, fixtures, facilities, and structures, constructed or placed on the
Center premises by the Contractor, title to which has not vested in the Owner, and restore the
Center premises and leave such in the same condition as existed at the time of commencement of
this Contract, complete with all of Owner's equipment, furnishings, and fixtures inventoried at the
time of commencement of this Contract.
56
46. Non -Waiver.
Any waiver of the Owner of any default or breach of this Contract by the Contractor must
be express and in writing. No waiver shall be implied or inferred from any action or inaction of
Owner. Waiver of the Owner of any default or breach of this Contract by Contractor does not
constitute a waiver of any other and/or subsequent default or breach of this Contract by Contractor.
47. Severability.
It is understood and agreed that if any part of this Contract is held to be illegal or invalid,
the validity and enforceability of the remaining provisions shall not be affected.
48. Modification.
No change, modification, amendment, and/or addition to this Contract shall be valid or
binding upon either party unless in writing executed by both parties.
49. Section Or Paragraph Headings.
All section and paragraph headings are for quick reference and convenience only and do not
alter, amend, explain, or otherwise affect the terms, covenants, and conditions of this Contract.
50. Notices.
Unless stated otherwise herein, all notices and demands under and related to this Contract
shall be in writing and sent to the parties to their addresses as follows:
TO PURCHASING AGENT
TO CONTRACTOR:
Sue Ownby
Purchasing Agent
City of Yakima
129 No 2nd St.
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be
deemed effective when mailed or hand delivered at the addresses specified above.
51. Governing law.
This Contract shall be governed by and construed in accordance with the laws of the State
of Washington.
52. Venue.
The venue for any action to enforce or interpret this Contract shall lie in the Superior Court
of Washington for Yakima County, Washington.
57
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed this, l
the day of , 19
APPROVED AND AGREED TO:
CONTRACTOR CITY OF YAKIMA
By: By:
R.A. 7ais Jr., City Manager
Its:
ATTEST:
City Clerk
STATE OF WASHINGTON )
:ss.
County of )
On this day of , 1996, before me the undersigned, a Notary Public
in and for the State of Washington,of
duly commissioned and sworn, personally appeared
and who executed the
foregoing instrument, and acknowledged to me that signed and sealed the said instrument as
free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
written.
NOTARY PUBLIC in and for
the State of
Washington, residing at
My commission expires:
[.
r
58
SCHEDULE '1'
SMALLWARES AND CONTRACTOR SUPPLIED EQUIPMENT .
In addition to providing an equipment use fee for the use of Owners CSI Section 11400 heavy duty
foodservice equipment, the Contractor will provide smallwanesuate to provide service to
1,650 persons at one time in banquet/exhibition areas, in any�ty dining areas u well u
equipment to service all concessions, etc. as specified by the Contractor with assistance and
agreement by the Owner and shall include the following:
1. Adequate supply of china, including but not limited to: plates, bowls, cups, saucers,
water pitchers, and related items. Unless otherwise directed by the Owner the china will
not have the logo of the Center imprinted thereon.
2. Beverage glassware.
3. Adequate supply of trays (both service and cafeteria style).
4. Supply of stainless steel and/or silver plated dining utensils, including but not limited to:
knives, forks, spoons and soup spoons.
5. Ample supplies of back -of -the -house servicewares, including but not limited to: Kitchen
utensils, equipment cleaning aids, and related items.
6. State of the art menu boards/graphic signage wherever required.
7. Buffet and catering equipment, i.e., chafing dishes, mobile carts, servicewares, and
related items.
8. Salt and pepper shakers.
9. Other specialty mobile foodservice equipment/carts and theatrical backdrop settings, etc. to
accommodate all concession and specialty services.
10. Ashtrays.
11. Other miscellaneous tabletop smallwares as required.
12. Table and service linens.
13. Electronic, computerized point of sale cash/inventory control system with all tie in
equipment necessary to operate fully with Owner and Center computer systems.
59
SCHEDULE '2'
WAGE SCHEDULE
List wages payable to the Contractor's personnel of the Food and Beverage Services Contract.
MANPOWER STAFFING SCHEDULE
No.
Employee
Position
Working Wage
Houn Per Hour
Per Week
Total Wages
Exc. Benefits
Benefits
asa%of
total Wages
60
SCHEDULE '3'
FINANCIAL FORMAT FOR OPERATIONAL SUBMITTAL PURPOSES
FOOD AND BEVERAGE $ALES
SALES
Food Service and Non -Alcoholic Beveragta
Concessions Operations - Fixed and Mobile
Catered Affairs • Banquets and Meetings
Alcoholic Beverage Servicel
Concession Operations - Fixed and Mobile
Catered Events - Banquets and Meetings
Coin Operated Vending
Vending Machines
ird Party
Concessions
Other Sales
(List)
TOTAL FOOD, BEVERAGE
AND VENDING SALES
COST OF SALES
Food Service and Non -Alcoholic Beverages
Concessions Operations - Fixed and Mobile
Catered Affairs - Banquets and Meetings
Alcoholic Beverage Services
Concession Operations - Fixed and Mobile
Catered Events - Banquets and Meetings
Coin Operated Vending
Vending Machines
Third Party Sales
Concessions
Other Costs
(List)
TOTAL FOOD, BEVERAGE AND
VENDING COST OF SALES
61
Amount 31
Amount 13
TOTAL GROSS PROFIT
TOTAL INCOME
CONTROLLABLE EXPENSES
Payroll
Employee Benefits
Employee Meals
Direct Operating Expenses
• Replacement
• Insurances
• Extermination
• Janitorial and Paper
• Laundry and Uniforms
• Telephone and Office
• Ice
• Miscellaneous (list)
Music and Entertainment
Advertising and Sales Promotion
Utilities
Administrative and General
Repairs and Maintenance
Miscellaneous Expenses
TOTAL CONTROLLABLE EXPENSES
PROFIT BEFORE RENT
RENT OR OCCUPATION COSTS
PROFIT BEFORE DEPRECIATION
DEPRECIATION (Equipment Use
Fee and any other minor
pieces of equipment
Contractor may provide)
OPERATING PROFIT
Additions to or Deductions from Profit
NET PROFIT
62
s
Amount (S2
SCHEDULE '4'
PROPOSAL FORM
Proposal of:
Address:
Date:
TO: The City of Yakima
("The Owner')
•
The undersigned hereby offers to enter into the Food and Beverage Services Contract, at The
Yakima Convention Center, Yakima, Washington, for all areas serviced with food and beverage,
under the terms and conditions set forth in said contract, in this Proposal Form and in the
Instructions to Bidders, for a term of ten (10) years commencing January8, 1997, or the date the
Contractor begins to provide the services required hereunder, whiever event occurs first
Provided, however, that the Owner has the option, in its sole discretion, to extend this Contract for
one (1) additional term of five (5) years by providing the Contractor with sixty (60) calendar days
written notice of the intent to exercise its extension option. Contractor agrees to pay to the Owner
the license charges calculated in accordance with the Food and Beverage Services Contract, and
this Proposal Form in the amounts noted on Table One attached.
The undersigned proposer takes cognizance of the fact that certain minimum license charges for
specified sales and services, as a percentage of gross receipts, are set out and agreed upon in Table
One, Column 2.
63
TABLE ONE
THE YAKIMA CONVENTION CENTER
FOOD AND BEVERAGE SERVICES CONTRACT OPTIONS
•MMISSIINS
MINIMUM
ACCEPTABLE
'R•P• ED 'R•P• ED
'R '
'..0d_.SerTlee-sd.....;Pan.Alcol>Qlle:.$evr gea:
t*,....•. ... Y t,;:5vur0::- '4 X,�w:: .Yrii;sl-
Cotnm.4-ns:Gom".91an
'r , 4- s '.<<
setisttt: sslgi*
'54,,, y,
Catered Affairs
Concessions Stands -
Fixed/Mobile
Offsite Catered Events
15% of gross food
sales
17% of gross food
sales
12% of gross food
sales
_% of gross _96 of gross
food sales food sales
_96 of gross _% of gross
food sales food sales
_% of gross _96 of gross
food sales food sales
_% of gross
food sales
__96 of gross
food sales
_96 of gross
food sales
jAlcoholic Beverage `Services..... :....•=}+'
... .......... ....... ':,:•?tt�'x..t .. -v .;_.,.F:t'.w}:;.:.:-}'iiy'f%
Catered Events
Concessions Stands -
Fixed/Mobile
Offsite Catered Events
18% of gross bev
sales
20% of gross bev
sales
12% off gross food
sales
_96 of gross _% of gross
bev sales bev sales
_% of gross _96 of gross
bev sales bev sales
_% of gross _% of gross
food sales food sales
_% of gross bev
sales
_% of gross bev
sales
_% of gross
food sales
Coin Operated Vending
50% of
commissions
_% of
commissions
_% of
commissions
_% of
commissions
Third Party Sales
50% of
commissions
_% of
commissions
_96 of
commissions
_96 of
commissions
-
NOTE Contractor to provide Owner employee Soot- and beverage senrices-;;at
receipts for those areas are not stzbiectto :.ommLssiaas:`:
Atxoat Costu 3 ;>::f roa.
A:;M}.}..
Equipment Use Fee
(Estimate)
S250,000
S
Now Proposed commissions for years 1-3 should be greater than or equal to the minimum
acceptable base commissions. Proposed commission for years 4-7 and 8-10 should
follow a step-up incremental approach based on the proposed commissions years 1-3.
64
{
1
i
1
C
C
The terms and conditions of this proposal are agreed to on this day of the year 1996.
BY:
(Officer)
SIGNATURE:
TITLE
COMPANY:
ADDRESS:
• DATE:
PHONE
FAX:
(CORPORATE SEAL)
65
SCHEDULE '5'
MINIMUM PURCHASE SPECIFICATION REQUIREMENTS
BEEF
Heifer or Steer
GRADE
YIELD:
CONDITION:
GROUND BEEF:
USDA Top Choice
3 or under
Fresh or Frozen
Chuck. 20% fat content it
PORK
GRADE
YIELD:
CONDITION:
US No. 1
I
Fresh or Frozen
VEAL
Calf
GRADE
CONDITION:
GRADE '
CONDITION:
GRADE 'USDA
CONDITION:
-
USDA Choice
Fresh or Frozen
USDA choice '
Fresh or Frozen
Inspected Grade A .�3
Hens - Fresh or Frozen
Fryers - Fresh or Frozen
Duckling - Fresh or Frozen
Turkey Breast - Fresh or Frozen
laRB
Under one year old
POULTRY
FISH AND
SHELLFISH
GRADE
CONDITION:
When graded - A, otherwise top quality
Fresh when available, frozen if cost and
availability warrant
EGGS
GRADE:
SIZE:
CONDITION:
USDA A, 100% candled
Large
Fresh
BUTTER
GRADE:_
GRADE:
USDA AA
US Grade A pasteurized
MILK AND MILK
PRODUCTS
NONFAT DRY MILK
GRADE:
'
US Extra
Minimum 12% milkfat, 80-10Ob overrun
BULK ICE CREAM
FRESH
VEGETABLES AND
FRUITS
GRADE
US No. 1 or better -
FROZEN
VEGETABLES
GRADE
A
i
CANNED FRUIT
GRADE:
US Grade A or Fancy in heavy syrup
US Grade A or Fancy v
CANNED
VEGETABLES
GRADE:
DRY GOODS
RICE:
BEANS:
Fancy or US 1o. 2
Grade A
BAKED PRODUCTS
At the Owner's approval
66
1
f
r
c
C
L
A
SPECIFICATIONS
roposers must su . mit a wntten purc asing • - icauon or eac o
the sample items listed below. At Least - (3) of the meat
specifications must be for meat hems specified in the recipes to be
submitted for this contract.
• Portion cut beef item
• Beef roast item
• Pork rib stern
• PoultrI item
• Lamb nem
• Veal (call) item
• Fresh fruit item
• Frown vegetable item
• Canned fruit item
• Non-food item
67
SCHEDULE '6'
SANITATION REGULATIONS AND JOB INSPECTION
REGULATIONS
The following shall establish the minimum sanitation guidelines for the Contractor:
1. The Sanitation Code of the U.S. Food Service Industry as published by the National
Restaurant Association.
2. All state of Washington Acts and Regulations governing foodservice operations.
3. All applicable Municipal Regulations.
4. All applicable Federal Government Acts and Regulations. '
5. Appropriate voluntary codes and guidelines established by trade associations and other
groups operating within the food industry.
6. Any specific guidelines established by the Owner.
68
JOE INSPECTION
1. Formal inspections of the foodservice facilities are to be conducted a minimum of four (4)
times a year (January, April, July, October) by the Owner, accompanied by the Contractor.
2. An inspection checklist is to be prepared and completed by the Contractor and submitted to
the Owner not later than three (3) working days following the inspecdon. A complete
report of corrective measures taken or to be taken for any deficiencies noted should
accompany the inspection report.
3. Informal inspections of the foodservice facilities are to be conducted daily by the Contractor
with immediate corrective measures taken for any deficiencies noted.
69
\T,, XIUMadciV
•
?s4
APPENDIX A
THE YAKIMA CONVENTION CENTER
FOOD AND BEVERAGE SERVICES CONTRACT • YAKIMA. WASHINGTON
AFFIDAVIT
State of
County of
be is the
being first duly sworn, deposes and says that
of . with oras
CITIZF) (NAME OF CONTRACTOR)
located at . and its duly authorized representative states that effective this
(ADDRESS OF CONTRACTOR)
()
()
day of . 19 . (date of submission of bid) the
(NAME OF CONTRACTOR)
is not charged with delinquent personal property taxes on the general list of personal property In
Yakima County. Washington. or any other countries containing property in the taxing districts
under the jurisdiction of the Auditor of Yakima County. Washington.
is charged with delinquent personal property cues on the general list of personal property ie
Yakima County. Washington, or any other counties containing property in the taxing distress
under the jurisdiction of the Auditor of Yakima County. Washington.
C'°. int (include total amount and sty
penalties and interest thereon)
s
S
$
5
Sworn to an subscribed this
(
day of , 19
70
(Notary Public)
My Commission expires
,19
mama papaias
«g» XIQNaddV
+ fir"
:' t�i�!r .'; X4`3'+,
APPENDIX B
SELECTED DATA
•
PROJECTED EVENT DAYS
YEAR • DAYS SCHEDULED
1996 210
1997 111
1998 81
1999 67
2000 40
PROJECTED ATTEND Nf
Average 89,000 per year.
71
APPENDIX B (continued)
Following is a short listing of groups that have booked in the past and are planning future use of
the Center, and attendance:
Annual meetings • Ag based businesses 400 ppl
WA State Horticulture Conference 1,000 ppl
WA Post Harvest Conference 600 ppl
Many large local fund-raiser/community 3-700 ppl
banquets
Association of WA Cities 300 ppl
VFW 400 ppl
WA State Paraeducators 900 ppl
WA School Food Service 600 ppl
WA Pest Consultants 400 ppl
WA State Weed Assn 500 ppl
WA Hospital Assn 400 ppl
WA State Veterinary Medical 400 ppl
WA Joint Conference on Health 600 ppl
NW District Kiwanis 900 ppl
International Society of Arboriculture 400 ppl
WA Education Assn 900 ppl
WA Health Care Assn 600 ppl
PNW Direct Marketing 400 ppl
72
/.4.s•
APPENDIX "C"
Food Service
Equipment List
•
APPENDIX C
FOOD SERVICE EOUIPMENT LIST
Please be advised that the Owner owns the following equipment
Dishwasher with 2 tank booster beater #SCI-45-3-4
Exhaust fan -
Dish scraping table
Disposer #SS-500-1(Non-Working)
Pot Sink #777
Preparation table with sink
Preparation table with sink #777
Disposer #55-200-12
Exhaust hood
Flat top range #K76-D-3292-B
Broilers - Model FS-SCB-36 (2 ea)
Rainier Revolving Tray Over #3444
B lodget Convecuon ovens (2 ea) SN 0690Y5335102 & SN 0690Y5336101
Tilt Skillet Fryer #HFP-1B
Pipe Base Table
Bain Marie Hot Food Holding Unit
Walk-in Cooler/Freezer #A126-76-3782
Open Burner Range #K76-D32-A
Gas fryers MJHSA (2 ea)
73
APPENDIX "D"
Food Service
Facilities Drawing
and Expansion Plans
APPENDIX D
FOOD SERVICE FACILITIES DRAWINGS AND EXPANSION PLANS
74
•
4.i# J. i sit Air* d.Pa
•
ADDENDUM "A -C"
ADDENDUM "E -O"
0
CAMELS tut
ACCOUNTING
AND
CONSUL -MG
SERVICES
i
MEMBER OF
TAG
INTERNATIONAL
1
1
1
1
1
1
1
L
ADDENDUM A
Board of Directors
Goodale and Barbieri Companies
and Subsidiaries
Spokane, Washington
SPOKANE O HELLO
SPOKANE VALLEY QUINCY
COMIC 71tKTTES
MOSES LAKE YAIaMA
OMAX NO IDAHO
We have reviewed the accompanying cost -basis consolidated balance sheets of Goodale and Barbieri
Companies and Subsidiaries as of October 31, 1995 and 1994, and the related consolidated statements
of income, stockholders' equity, and cash flows for the years then ended, in accordance with
Statements on Standards for Accounting and Review Services issued by the American Institute of
Certified Public Accountants. All information included in these consolidated financial statements is
the representation of management of Goodale and Barbieri Companies and Subsidiaries.
A review consists principally of inquiries of Company personnel and analytical procedures applied to
financial data. It is substantially less in scope than an audit in accordance with generally accepted
auditing standards, the objective of which is the expression of an opinion regarding the financial
statements taken as a whole. Accordingly, we do not express such an opinion.
Based on our reviews, we are not aware of any material modifications that should be made to the
accompanying consolidated financial statements in order for them to be in conformity with generally
accepted accounting principles.
The basic consolidated financial statements described above are intended to present the Connpanies'
consolidated financial position, results of operations, and cash flows on the historical -cost basis
required by generally accepted accounting principles. The accompanying supplemental estimated
current value information presented in the consolidated balance sheet and the consolidating balance
sheets as of October 31, 1995, has been prepared for management to present relevant informadon on
estimated current values that is not provided by the historical -cost basis balance sheet Such current
value presentations are not intended to be in conformity with generally accepted accounting princi-
ples. Such current value balance sheets and the 1995 consolidating statement of income, which are
presented only for supplementary purposes, have also been subjected to the inquiry and analytical
procedures applied in the review of the 1995 basic consolidated financial statements Except for the
omission of a provision for estimated income tax on unrealized asset appreciation, we are not aware
of any material modifications that should be made to the supplemental estimated current value
consolidated balance sheet and consolidating balance sheets to conform to the basis of potion
described in note 14. Also, we are not aware of any material modifications that should be mate lo
the supplemental consolidating statements of income.
ZA4-8.At( Des4.“:"..., ‘...
Spokane, Washington
December 21, 1995
-2-
ADDENDUM A CON T
GOODALE AND BARBIERI COMPANIES AND SUBSIDIARIES
•
Consolidated Balance Sheets
(with supplemental estimated current value information)
ASSETS
CURRENT ASSETS:
Cash and cash equivalents -notes 1 and 13
Accounts receivable -notes 1, 11, 12, and 13
Inventories:
Real estate held for resale -notes 1, 3, and 14
Food and beverages
Milk and milk by -products -notes 11 and 12
Supplies
Refundable income taxes
Prepaid expenses and deposits
Total current assets
PROPERTY AND EQUIPMENT -notes 1, 3, 4, 11, and 12:
Buildings and equipment -note 14
Furniture and fixtures
Equipment acquired under capital lease
Landscaping and land improvements
Vehicles
Less accumulated depreciation
Land
Construction in progress -note 5
Total property and equipment
INVESTMENTS:
Land held for investment -note 14
Contracts, less accumulated amortization of $587,416
and $454,417, respectively notes 1 and 14
Cowley Street Limited Partnership -notes 1 and 2
Kalispell Center Limited Partnership --notes 1, 2, and 14 ...
Other
Total investments
OTHER ASSETS:
Loan fees, less amortization
Deferred charges, less amortization
Goodwill, less amortization
Notes receivable
Total other assets
See accompanying accountants' review report and
notes to consolidated financial statements.
-3-
October 3l_
1225 1221 124
Current Value) (Cost Basis) (Cost Basis)
$ 4,327,147 $ 4,327,147 $ 4,229,342
2,688,190 2,688,190 2;321,500
10,453,511 2,495,255 1,022,583
180,782 180,782 187,827
511,612 511,612 524,226
55,461 55,461 69,749
99,000 99,000 295,100
335,32 335,566 28 L600
18,651.269 10,693.013 8,931,927
105,922,859 64,806,581
4,737,969 4,737,969
1,622,677 1,622,677
414,568 414,568
22.815_ 22,815
112,720,888 71,604,610
14,803,944 14,803944
97,916,944 56,800,666
11,452,543 11,452,543
1,278.520 1,278,520
110,648,007 69,53 j,729
16,858,196
7,866,352
119,023
76,801
53,165
24,973,537
724,367
140,491
22,674
46,182,133
4,064,609
1,562,247
402,936
22,815
52,234,740
12,266.603
39,968,137
7,945,823
3,184.272
51.098,232
2,953,456 3,125,812
77,584 210,583
119,023 174,464
29,568 27,444
53,165 45.835
3,232°796 3,584.138
724,367
140,491
22,674
557,630
133,467
23,446
17.640
887,532 887,532 732 181
$155,160,345 $ 84,345,070 $ 64,346,480
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ADDENDUM B
(Equipment Use Fee)
As outlined in Additional Information, page 6, Number 1, A, a
financial obligation of $250,000 investment for a equipment use fee
and/or capital improvements is required.
We request this requirement to be amended.
As outlined in the equipment list work sheet, Addendum B, the
contractor will invest a minimum of $250,000 in kitchen related
equipment.r- We will finance this equipment use fee through a
leasing mechanism already in place with in Goodale and Barbieri
Companies. This lease will have a fixed price buy out at the end
of the 7 year lease period. The Contractor will transfer ownership
of the equipmen to the Owner at that time.
Due to the buying p• er Goodale and Barbieri Companies enjoy,
leasing the kitchen eq►'.•ment will enable the Contractor to
purchase higher quality equi-'ent with fewer dollars invested.
We would be delivering the new e• ipment as space comes available
by the Owner.
ADDENDUM B
( Inventory Worksheet )
M&M CATERING SERVICES
INVENTORY WORKSHEET
PRINT DATE 4-1-96
EXISTING EXISTING ADDITIONAL ADDIIONAL AD I CONAL
CITY M&M KITCHEN SMALL CONTRACTOR
EQUIPMENT EQUIPMENT EQUIPMENT WARES SUPPUED
ITEM QTY DESCRIPTION 5250,000 EQUIPMENT
1 1 Bench scats 050
3 4 Portable bar's 10,000 5.000
4 7 Bus tub cart 5,780
5 1 Custom WS Work Table w/under storage 773
6 11 Rolling Glass Racks 2,340 1.200
7 5 Dish Dollies, Heated 11.850 5,925
6 4 Dish Doilies, Heated 6,000
9 1 Custom els Work Table w/under shelves 580
10 1 ice & Water Station 430
11 1 S/S Clean Dish Tabte,rack,stunder 796
12 1 Dishwasher w/Prewash HI/Temp 16,639
13 1 Spray Unit w/rnk control valve 231
14 1 Food Waste Disposer,5 HP w/auto rev. 4.308
15 1 S/S Type II Vapor Hood to Cov. Dishwasher 2,793
16 1 Basket wislide rail for glass racks 1.416
17 1 Slant Rack 84` 498
18 1 SIS Soiled Dish Table 5,019
19 2 Coffee Urns 2,574
20 2 S/S Cantileverd Wall Shelf 630
21 1 Hand Sink 220
22 1 S/S Work Table w/Drain Grate for cof. 1,132
23 1 S/S Work Table w/Casters 720
24 1 Wall Rack for Mops & Brooms 23
25 1 Double Stacked Convection Steamer 17.000
26 1 SS CaI%tileverd Wall Shelf w/pot rack EXISTING
27 1 S/S Work Table w/3Comp sink EXISTING
28 1 Bakers Rotary Oven - Repair EXISTING 5,000
29 1 Portable S/S Work Table EXISTING
30 1 Women: Bathroom Cabinet w/Sinks EXISTING
31 7 Banquet Carts (Hot/cold carts)(5 New) 24,500 17,500
32 1 Slicer Gavity Feed 115V. 2.052
33 1 Booster Heater 36KW EXISTING
34 1 Mens Bathroom Cabinet w/Sink EXISTING
35 1 Food Waste Disposer 2.838
36 1 Exhaust Hood w/Fire Prot. EXISTING
37 1 SS Cantiteverd Wali Shelf EXISTING
38 1 SS Work Table W/2 Comp. Sink & Draw. EXISTING
39 1 Griddle (Gas)36` Wolf RTG36F 2,681
40 2 Exhaust Fan (one)(1 New) EXISTING 910
41 1 Char Broiler Wolf SCB36C EXISTING
42 4 Open Burner Range w/Oven 4Bur.Gas EXISTING
43 1 Set -Up Table Stainless EXISTING
44 1 Pipe Base Table EXISTING
45 5 Condenser Coil inc. In Walk-in price EXISTING
46 1 Hot Food Holding Unit EXISTING
47 1 Bain Mario EXISTING
48 1 Portable Work Table w/Drawer EXISTING
49 1 Char -Broiler EXISTING
50 1 Walk -In Cooler Box (New addition) 15.991
50 1 Walk-in Cooler Box\Compressor (Remodel) 5,000
51 1 Convection Steamer EXISTING
52 2 Hand Sink 220
53 1 Braising Pan. 20 Galton, Gas (Replace) EXISTING 10,000
54 1 Work Table Stainless EXISTING
55 3 Fill faucet 8` Centers 294
56 1 SS Cantiteverd Wall Shelf 155
57 1 Prep -Table w/SIngte Well Sink 1,450
58 1 Food Waste Disposer 2,376
ADDENDUM B
( Inventory Worksheet )
M&M CATERING SERVICES
INVENTORY WORKSHEET
PRINT DATE: 4-1-96
ITEM QTY
DESCRIPTION
EXISTING EXISTING ADDITIONAL ADDITIONAL ADDITIONAL
CITY M&M KITCHEN SMALL CONTRACTOR
EQUIPMENT EQUIPMENT EQUIPMENT WARES SUPPUED
$250,000 EQUIPMENT
59 1 M€rer 60 Qt 10,730
60 1 Wire Shelving 1,239
61 4 Cook—n—Hold Oven (Stacked) 27.720
62 7 Angle Slide Carts 3.500
63 3 Wire Shelving for Coop 1,034
64 2 High Production Fryer 35b EXISTING
65 2 Wali Mount Hand Sink EXISTING
66 1 Microvave (1600 watts) 1.431
67 1 Wks Shelving for Freezer 3,588
68 5 Wire Shelving for Dry Storage 2,065
69 5 Trash Container w/Cover(3958/2918) 387
70 1 Compressor Welkin Cooler (See #50. New addition)
71 1 Sink w/3 29' Comp & 2 30' Dralnboard 2.562
72 1 Food Mixer 60 Quart w/Bowl Dough Hook 10,675
73 2 Lettuce Cutter/Slicer 1,250
74 1 S/S Prep Table w/ Splash & Rolled Edg. 1,411
75 1 Mop Sink 500
76 1 Food Processor (R4X) 1,969
77 1 Slicer 2.052
78 1 S/S Work Table w/Hand Sink & Shelves 1.415
79 2 S/S Prep Table w/Casters 1.448
80 1 Spare number
81 1 Reach—in Refrigerator (30') 3.138
82 2 Ice Cuber w/Haff Dice 5,000 12,000
83 1 Remote Condenser 1,066
84 2 ke Bin 1,638
85 1 Spare number
86 1 Wire Shelving Outside new Cooler 763
87 1 Wire Shelving for Cooler 6,988
88 6 Wire Shelving included in item 86
89 1 Spare number
90 1 Spare number
91 2 Glass Filler 528
92 1 S/S Work Table w/Hand Sink 832
93 1 Freezer Box (-10 Dog.) 10.850
94 1 Freezer Compressor 7.413
95 1 Equipment installation and derrvery 6.331
100 1 Soft Drink Dispenser 2,000
101 1 Refrigerated Case 1,100
102 1 Hot Plato 75
103 1 Hot Dog Carousel 300
104 1 Sharp Cash Register 430
105 7 Hot Food Holders (dupe...see#31)
106 10 Dish Doltys 9,000
107 2 Bus Carts. Lakeside Heavy duty 940
108 4 Beverage Coffee Carts. Lakeside w/drain 4,920
109 8 Tray Rack Dispensers 16,208
110 3 Carts Half Size 36x38x17 1.418
111 4 Carts, Lakeside 422 Med. Duty 644
112 1 Slicer, Berkel808 2,120
113 4 Metro oz. Scales 260
114 2 Oster Blenders 419
115 1 Mixer Hobart Table Top,Kitchenafde 545
116 4 Volirath 1/2 SizeS/S Buffet Chafers 440
117 36 Fullsize Buffet Chafers(Vo199850) 4,784 7,200
118 6 Voilrath S/S Rounded Buffet Chafers 1,504 1.600
119 4 S/S Haff Buffet Chafers 800 800
120 100 Coffee Thermos 48oz. 2.840 1.420
121 60 coffee Thermos 64oz 460 230
ADDENDUM B
( Inventory Worksheet )
M&M CATERING SERVICES
INVENTORY WORKSHEET
PRINT DATE: 4-1-96
(TEM QTY DESCRIPTION
EXISTING EXISTING DDITIONAL ADDITIONAL ADDITIONAL
CITY M&M KITCHEN SMALL CONTRACTOR
EQUIPMENT EQUIPMENT EQUIPMENT WARES SUPPUED
250 000 EQUIPMENT
122 14 Coffee Urns Cambro 1000LCD
123 1 Buffet Service, Bowls, Baskets
124 100 Glass Racks
125 100 Bus Tubs
126 45 Oval Vollrath Service Trays
127 24 Round Voiirath Service Trays
128 30 Steel Tube Tray Stands 1'
129 20 Garbage Cans (40Gal. RubberMald)
130 100 Wearever Bake Sheets 18x24x1
131 50 Wearever Bake Shuts 18x24x2
132 50 Vollrath Hotel Pans fulsize 2' deep
133 50 Vollrath Hotel Pans fultsize 4' deep
134 12 Voltrath Hotel Pans Fullsize 8'
135 40 Vollrath Hotel Pans Hatsize 2' deep
136 40 Vollrath Hotel Pans Halt size 4' deep
137 1 • ilrath Hotel Pans Hati Size 6' Deep
138 20 Vollrath Hotel Pans Fourth Size 2" Deep
139 60 Bus•Subs 12x20x7 (see...#121)
140 1200 Foun - Inbleu stainless Knives
141 2400 Foun inbleau Spoons
142 3600 Foun • inbleau Forks
14 1200 Foun = nbleau Bouillon spoons
1 1200 Salt & epper Shakers
14 • 1 Buffet ervice Flatware
1 = 1200 Dinner -tater 9 3/4' Homer Laughlin
1 1200 Desse Plates 7' Glass
1 8 1200 Bread Butter 8' Plates
1 9 1200 Salad ' fates
1 •6 1200 Soup • ups
1.1 1200 Soup lass
1 •2 500 Chin : ugs
1 •3 1200 Wats Goblet Arcoroc 4618
1 . 600 Juice Glass Boz Malibu
1.5 200 Libb - y Carafes 1 Uter
1 •6 1800 Win Glass 8oz
1 •7 1200 Tull. Champagne Glass 9oz
1 8 600 De -. ert Stem 51/2 oz. Libbey
1 9 100 W : er Pitchers S4oz
1:s 600 P ch Cups hoz
16 300 V. tive Candle Holders
16 - 200 =read Baskets
163 1 ssorted Bowls and Trays
164 • Enclosed Locked Storage Units
165 2 Barbeques
166 3 Vehicles
167 1 Dishwasher (City Owned) EXISTING
168 1 Exhaust Fan (City Owned) EXISTING
169 1 Dish Scraping Table EXISTING
170 1 Disposer (City Owned) EXISTING
171 1 Pot Sink (City Owned) EXISTING
172 1 Prep Table with Sink (City Owned) EXISTING
173 1 Drain Grate (City Owned) EXISTING
174 1 Prep Table with Sink (City Owned) EXISTING
175 1 Disposer (City Owned) EXISTING
176 1 Exhaust Hood (City Owned) EXISTING
177 1 Exhaust Hood with Fire suppr (City Owned) EXISTING
178 1 Range (City Owned) EXISTING
179 2 Broils; s (City Owned) EXISTING
180 1 Convection Oven - Stack (City Owned) EXISTING
3,100 3,100
5,000 6.000
1,030 1,030
1,120 1.120
1,112 1,112
1.102 1,102
2,000 2,000
958 958
1,315 1.315
793 793
1,230 1,230
1,855 1,655
594 594
880 880
880 880
368 368
240 240
872 872
2,300 2,300
1,998 1,998
3,900 3,900
1.300 1,300
850 850
1.000 1,000
7,020 7,020
2,176 2,176
2.390 2,390
4,845 4,845
3,932 3,932
3,900 3,900
1,040 1,040
4,554 4.654
934 934
849 849
4.836 4,836
4.886 4.886
1,614 1,814
901 901
850 850
314 314
360
2,000 2,000
800 800
2,000 2,000
15.000
20.000
ADDENDUM B
( Inventory Worksheet )
M&M CATERING SERVICES
INVENTORY WORKSHEET
PRINT DATE: 4-1-96
ITEM QTY DESCRIPTION
EXISTING EXISTING ADDITIONAL
CITY M&M KITCHEN
EQUIPMENT EQUIPMENT. EQUIPMENT
8250,000
ADDITIONAL ADDITIONAL
SMALL CONTRACTOR
WARES SUPPLIED
EQUIPMENT
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
1 Convection Rotary Oven (City Owned)
1 Steamer (City Owned)
1 Skillet 40 Gal. (City Owned)
1 Table Pipe Base (City Owned)
1 Hot Food Holding Unit (City Owned)
1 Bain Marie (City Ovmed)
1 Walk In Freezer (City Owned)
1 Walk in Cooler (City Owned)
1 Dishwasher Exhaust 0 (City Owned)
1 Exhaust Hood Ducts (R—City Owned)
1 Outside Air Makeup UN(City Owned)
1 Hot Water 2-365MBTUHW (City Owned)
1 Deep Fryer (City Owned)
1 Fiat Top (City Owned)
1 Exhaust Fan & Hood
1 Soup Warmer
8 Farberware Coffee Pots FAR—L5500
200 Wine Buckets
1 Exterior Walk In Cooler
100 Pegged Plate Tacks
7 Angle SlideArigk Slide Carts Crescor
350 Plate covers s/s
1 Infared food stations
1200 Glass coffee cups
2 Mobile Espresso Carts
8 Flour bins
4 Mobile Mixing Bowls
6 Hand Carts
2 Office Co:nputsrs
1 Laser Printer
EXISTING
EXISTING
EXISTING
EXISTING
EXISTING
EXISTING
EXISTING
EXISTING
EXISTING
EXISTING
EXISTING
EXISTING
EXISTING
EXISTING
EXISTING
246
1.776
450
6,000
2,170
5,292
1.750
2,305
5.000
2,500
22.000
*The above items are estimated equipment values and are
change as kitchen designs progresses.
5.000
2,305
2000
2000
600
5000
800
ADDENDUM 81
(Inventory Worksheet)
SUGGESTIONS FOR KITCHEN DESIGN AND EXPANSION
Below is a list of Owner capital improvements recommended to compl tchen expansion.
To operate at the higher volumes forcasted these improvements arie, ritical to th sucbess
of the entire project. We understand that the Owner has allocatedninimum of 225,000
toward these capital improvements.
Additional storage/office area finished with HVAC.
Additional 500 sq.ft. Covered shell building for waikin cooler.
Electrical power for existing and new M&M equipment
Gas power for existing and new M&M equipment
Plumbing for existing and new M&M equipment
To provide catering office
To provide employee break room
To remodel storage into prep kitchen
To remodel employee bathrooms to ADA code, etc.
To repair existing kitchen floor.
To remodel south storage room and scullary to accommodate M&M equipment
Upgrade HVAC in existing kitchen.
f
ADDENDUM C
(Community Activities)
Our goal is to participate in and to serve the communities in which
we are located by: •
*Consistently demonstrating exemplary citizenship in the conduct
of our business and in our business relationships by observing
the highest legal, ethical, and moral standards.
*Taking a leadership role within the community to improve the
environment in which we operate through active involvement in
business, civic, charitable, trade, and governmental
organizations.
*Goodale and Barbieri and our employees are very active in the
United Way program in each city where we are conducting
business. Goodale and Barbieri will match all monies donated
by the employees.
*We work together with Yakima Valley College and Central
Washington University to provide an internship program to their
students.
ADDENDUM E
(Alternative Operating Procedures)
In order to provide food and beverage service throughout the
construction and expansion phase we have made arrangement with
Cavanaugh's at Yakima Center to use their facilities if necessary,
ADDENDUM F
(Commissions)
Based on the current menu price schedule, M and M Catering Services
proposes that the Food and Beverage commissions for years 1 - 10 be
accepted as stated under minimum acceptable commission.
We expect that our menu prices to generally follow the Consumer
Price Index year to year to maximize sales potentials.
Increases to the commission will be realized through volume and
menu price increases. If the Owner and Caterer agrees that menu
prices can be increase beyond the CPI with out decreasing volume,
then a percentage commission increase could be negotiated.
M and M Catering Services will capture the highest sales possible
insuring the best quality' product and service for the menu price
paid.
M AND M CATERING SERVICES
10 NORTH 8TH STREET
YAKIMA, WA 98901
PHONE (509) 248-7317
J3REAKFAST BUFFET
Assorted Juices
Fresh Fruit Trays
Fruit Compote
Assorted Demi Danish
Muffins -- Blueberry or
Apple Cinnamon
Link Sausage
Bacon Strips
Assorted Juices
Fruit Compote
Cold Cereal
Assorted Juices
Assorted Fruits
Eggs Benedict --or--
Egg & Sausage Ramldn
Scrambled Eggs -- Spanish Sauce
Biscuits with Country Gravy or
Creamed Chicken•
Apple Crepes --or-- Apple Betty
$8.75 per person
POWER BREAKFAST BUFFET
Scrambled Eggs w/ Spanish Sauce
Bagels w/ Fruited Cream Cheese
$5.95 per person
CONTINENTAL BREAKFAST
Assorted Rolls
Coffee
$5.00 per person
ABOVE PRICES DO NOT INCLUDE CUSTOMARY GRATUITY OR STATE SALES TAX.
(Prices effective as of January 1, 1995)
• s .
▪ • -
t1: . •
•,..-,
s:
M AND M CATERING SERVICES
10 NORTH 8TH STREET
YAKIMA. WA 98901
PHONE (509) 248-7317
• LUNCHEON ENTREES
Marinated Cattlemen's Sirloin
Boneless Chicken Breast Supreme
Stuffed Pork Loin
Swiss Steak
Hearty Soup & Sandwich
Chicken Epicurean
Beef Saute with Fresh Garden Vegetables
Chicken Polynesian Salad
Chef Salad
Taco Salad
Fajita Salad
Luncheons are served with;
Salad Starter
Hot Starch
Roll & Butter
Dessert
Beverage
salad Entrees are served with:
Roll & Butter
Dessert
Beverage
$9.75
$9.00
$ 9.00
$9.00
$8.50
$9.00
$9.00
$9.00
$8.00
$9.00
$9.00
ABOVE PRICES DO NOT INCLUDE CUSTOMARY GRATUITY OR STATE SALES TAX.
(Prices effective as of January 1, 1995) •
.• .•.
Il .L*A
"I.:.f.
1.
M AND M CATERING SERVICES
10 NORTH STH STREET
YAKIMA, WA 98901
PHONE (509) 248-7317
LUNCHEON BUt H F
Hearty Vegetable Beef Soup
Assorted Cold Meats
Buttered Variety Breads
Condiments
Potato Salad
Molded Jell-O Salad
Tossed Greens
Assorted Salad Condiments
Dessert
Beverage
Cost
$8.50
3. Roast Baron of Beef
Escalloped Potatoes
Tossed Greens
Pasta Salad
Frozen Jell -0 Mold
Apple Salad
Assorted Relishes
Rolls & Butter
Dessert
Beverage (Coffee, Tea & Milk)
Cost $9.50
2. Roast Turkey & Dressing
Whipped Potatoes
Giblet Gravy
Cut Corn
Tossed Greens
Waldorf Salad
Green Pea Salad
Assorted Relishes
Frozen Jell-O Mold
Rolls & Butter
Dessert
Beverage (Coffee, Tea & Milk)
Cost $9.00
****More Salad Suggestions:
-Marinated fresh vegies w/Italian
dressing
-Seafood Pasta ($.75 extra)
-Red Potato Salad (Steamed, sliced,
layered red potatoes & onions
fresh dill w/sour cream
or marinated w/lemon juice &
lemon pepper)
- Mikado Salad (Marinated rice,
crunchy vegies in seasoned
oil & vinegar dressing)
ABOVE PRICES DO NOT INCLUDE CUSTOMARY GRATUITY OR STATE SALES TAX.
(Prices effective as of January 1, 1995)
• �•3�i.<
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M AND M CATERING SERVICES
,10 NORTH 8111 STREET
YAKIMA, WA 98901
PHONE (509) 248-7317
DINNER ENTREES
Roast Prime Rib au jus (10 oz)
Roast Prime Rib au jus (8 oz)
New York Cut (8 oz)
Filet Mignon (6 oz)
Chicken Cordon Bleu
Marinated Sirloin
Salmon Filet
Chicken Breast Supreme w/ Mushroom Caps
Baked Swiss Steak, Ham or Turkey
The above items include:
Salad Starter
Hot Starch
Roll & Butter
Vegetable
Dessert
Beverage
DINNER BUFFET
Two Hot Meat Entrees
Hot Starch
Vegetable
Choice of Five Salads
$15.50
$14.00
$18.00
$20.95
$14.25
$14.00
$15.50
$13.95
$13.50
Relishes
Rolls & Butter
Assorted Desserts
Beverage
ABOVE PRICES DO NOT INCLUDE CUSTOMARY GRATUITY OR STATE SALES TAX.
(Prices effective as of January 1, 1995)
M AND M CATERING SERVICES
10 NORTH 8TH STREET
YAKIMA, WA 98901
PHONE (509) 248-7317
BE A GUEST
AT YOUR OWN
SUMMER B.B.Q.!!
Enjoy fat, juicy, quarter -pounder burgers; plump, grilled hot dogs;
fabulous chicken and ribs; steaks (name your cut); succulent salmon;
accompanied by Spicy Border Beans, Corn on the Cob, Western
AuGratin Potatoes and salads ---
Country Potato Salad Ir
Red, Layered Potato w/ Sour Cream
4 -Bean
Pasta sa Seafood Pasta
Oriental
Green Pea
Marinated fresh Vegies w/ Italian
Apple
Waldorf
Frozen Jell -0 Mold
Tossed Green w/ Assorted Dressings
AND... Biscuits or Cornbread
Ice Tea, Lemonade, Pop
TOP IT OFF WITH ... Homemade Pies or
Carrot Cake w/ Cream Cheese Frosting !1!
We can deliver; you can pick-up -- or be a guest at your own B.B.Q.
M & M Catering can bring along the grill and the atmosphere
country style tablecloths, cowboy hats & hankies, all the trimin's
fixin's II
.for • •
• I 1 • N ��,i
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&
M AND M CA`T`ERING SERVICES
10 NORTH 8TH STREET
YAKIMA, WA 98901
PHONE (509) 248-7317
Cold hors d'oeuvres
Assorted Meats & Cheeses
Deli Tray: Meat Roll -ups
Cubed Cheeses
Cheese Ball
Peti Puffs
Cornicopia
Kabobs
Minimum Served
$2.50 per person
10 $3.00 " •
Cheese Ball with Crackers
Stuffed Pineapple (Cream Cheese with Walnuts,
Olives with Crackers)
Peti Puffs w/ Cream Cheese & Shrimp
Cream Cheese & Chicken
Pecan Chicken
Italian Strudel
Cheese Tray w/ Apples, Grapes, Pears
Cheddar, Swiss, Pepper, Seasoned &
Havarti Cheeses
Stuffed Eggs
Barbequed Pork Loin
Pin Wheels (Ham or Turkey)
Vegies & Dip
Fruit Tray (in season)
}lot hors d'oeuvres
$12.00 per lb.
$20.00 each
$ 1.00 each
$ .85 each
S .95 piece
$ .95 per slice
$2.00 per person
$6.00 per doz halves
25 (min.) $2.50 per person
$ .65 each
10-15 $15.00
10-15 $25.00
Sweet & Sour Meatballs
Ginger Chicken 2 0
Stuffed Mushrooms (Wild Rice & Shrimp)
Mini Cordon Bleu 2.0
Baked Oysters on Half Shell 20
Mini Quiche 2 0
Seafood Stuffed Eggs
$5.00 per doz
$1.50 per person
$1.00 each •
$1.50 per person
$2.50 each
$1.00 each
$15.00 doz halves
. •
M&M CATERING SERVICES
OPERATING BUDGET
F/Y 1996 - 2003
DESCRIPTION
SALES:
Food Department
Sevtrage Department
TOTAL REVENUES
ADDENDUM N
(OP.rating BudgE')
PROJECTIOI - >
1997 1908 1099 2000 2001 2002 2003
007,994 1,103,467 1,314,471 1,424,662 1.489.627 1.567,662 1.628.900
60,488 61,696 62,930 64,188 63.472 06,781 60,117
868,480 1.166,163 1,377,400 1,488,340 1,555,099 1,624,444 1.097,023
DEPARTMENTAL EXPENSES:
Food Department 603,122 790.745 901.584 971.704 1,013,811 1.067.829 1.103.648
Bewrdo Department- _ --_ 25.26 25,320 25,518 25.720 26.926 28,137 25.361
,
TOTAL DEPARTMENTAL EXPENSES 818,248, 816,066 927,102 997.424 1.039,737 1.083.966 1.130.199
GROSS OPERATING INCOME 250,232 349.117 450,298 491,416 515,361 540,478 560,824
DEDUCTIONS:
General and Administrative . 100,078 204,429 311,254 335.975 350.792 308.295 382,515
TOTAL DEDUCTIONS 199.076 264.429 311,254 338.975 � 350,792 368.295 382.515
GROSS OPERATING PRORT (LOSS)
GROSS OPERATING PROST (LOSS) %
81.160, 84.688 130,045 156.441 184.580 174.183 184.308
8.88%' 7.27% 10.09% 10.44% 10.68% 10.72% 10.88%
OTHER EXPENSES:
Insurance 8,400 8.820 9,281 9,724 10,210 10.721 11.257
Property Tex.. 1.060 1.103 1,158 1.210 1,276 1,340 1.407
Interest 0 0 0 0 0 0 0
Depreciation 48.280 48,200 46,286 40.200 40.200 40,285 46.295
TOTAL OTHER EXPENSES
NET OPERATING PRORT (LOSS)
NET OPERATING PRORT (LOSS) %
' 65.730 50,203 68,704 57,225 57.772 58,347 58.060
(4.580) 28,400 82.340 90,218 100.797 115.837 125,389
-0.53% 2.44% 5.98% 8.005 8.875 7.13% 7.30%
CONFIDENTIAL
PAGE 1
MAM CATERING SERVICES
OPERATING BUDGET—FOOD
F/Y 1996 — 2003
DESCRIPTION
PROJEC11011
1997 1998 1099 2000 2001 2002 2003
SALES AND REVENUES:
(Percent of change from previous year) 0% 55% 25% 10% 5% e% 5% Percentage ol9 cr.ase
Food — Convention Center 521,040 808,542 1,010,078 1,111,746 1,137,333 1.225,099 1,288,984
Food — Sundome Catering 44.342 • 45,072 47,042 48.453 49,907 51.404 52.946
Food — Outside Catering 234,145 241.169 248.404 255.856 263,532 271,438 279,551
Food — Snook Bar 6,191 5,317 5.507 5,673 5,843 0.018 6.199
Food — Vending 2.077 2,757 2,640 2.925 3,013 3.103 3,198
TOTAL FOOD DEPARTMENT REVENUE $ 807,904 $1,103,487 11,314,471 $ 1,424,052 $1,460.627 $1,687.862 $1,828,908
F000 COST — ACTUAL $ $ 250.478 $ 342.081 $ 407,488 $ 441,842 $ 481,784 *482.875 $ 504.981
FOOD COST — % OF REVENUE 31.00% 30.00% 30.00% 30.00% 30.00% 30.00% 30.00%
GROSS PROFIT — FOOD $ 557,518 $ 701,408 $ 000,985 $ 963,010 $ 1,027,842 81,074,787 $ 1,123,945
PAYROLL EXPENSES: r
Salaries/Management 27,723 30,723 40,915 42.143 43,407 44,700 48,050
Bendts 1,192 1,708 1.750 1.812, 1,806 1,922 1,900
Meals 388 650 573 590 608 820 846
Total Sakrles/Managenent $ 29,304 $ 41,988 $ 43.247 $ 44,545 $ 45,881 $ 47,258 $ 48,875
8onic* Labor 149,479 204,145 223,460 242,191 253,237 264.603 276,914
Bonilla 5,680 7,758 8.491 9.203 9,623 10,062 10,523
Meals 5,232 7,145 7,821 8.477 8.863 0,268 9,602
Total aerobe Labor =100,301 $ 210,048 $ 230.773 1260,871 1271,723 $ 284.133 $ 297.120
Ovelob
Kitchen Labor 72,527 79.780 63,780 87,957 90,500 93,314 90,113
Benefits 5,204 5,824 8,115 8,421 8,813 0,812 7,018
Meals 2,176 2.303 2,513 2,830 2.718 2,790 2,863
Total Ktlohen Labor
$ 70.907 167.907 102.307 •07.017 11111.027 •102.025 1100.013
TOTAL PAYROLL EXPENSES
$ 200,692 1340.032 $ 375,417 $ 401.432 $ 417,531 $ 434.310 $ 451.817
PAYROLL EXPENSE %
Salaries/Management %
Service Labor %
Kitchen Labor %
3.0% 3.816 3.3% 3.1% 3.1% 3.0% 3.0%
10.0% 10.9% 18.2% 18.2% 18.211 18.2% 18.2%
0.011 8,016 7.0% 0.816 0.7% 8.0% 8.5%
TOTAL F000 PAYROLL EXPENSES %
33.4% 31.611 26.611 21.41 28,011 27.0% 27.7%
CONFtBEMW\L
PAGE 2
•
M&M CATERING SERVICES
OPERATING BUDGET—FOOD
F/Y 1008 — 2003
DESCRIPTION
PROJECTION
1997 1998 1999 2000 2001 2002 2003
OTHER EXPENSES:
Chma, Glassware 8 Sliver 5,252 7,173 6,544 9,260 9,683 10,125 10.588
Cleaning Supptles 8,464 11.587 13.802 14.959 15,641 16,355 17,104
Laundry 28,280 38.622 48.008 49,683 52,137 54,518 57,012
Decorations 1,618 2.207 2,829 2,549 2.979 3,115 3,258
Equipment Expense 5630 0 0 O 0 0 0 0
Van Repair 4,040 5.517 6.572 7,123 7,448 7,788 8,145
Van Gas 2,424 3,310 3,943 4,274 4,469 4.673 4,887
Operating Supp s. 8,668 9.380 11,173 12,110 12,662 13.240 13,646
Kltchen wares 4,040 5,517 8.672 7,123 7,448 7,788 8,145
Paper Supplies 4,040 5,517 6,572 7,123 7,448 7,768 8,145
Unmans 1,283 1.753 2,088 2.263 2,366 2.474 2.567
Cash—Over (Short) 0 0 0 0 0 0 0
Banquet Gratuities 0 0 0 0 0 0 0
Repair & Maintenance 6,628 9,040 10,779 11.682 12,215 12.773 13,357
TOTAL OTHER EXPENSES $ 72,962 $ 99.632 •118.681 $ 128.029 $134,490 $ 140.038 $147.071
TOTAL OTHER EXPENSES % 9.03% 9.03% 9.03% 9.03% 9.03% 9.03% 9.03%
TOTAL PAYROLL & OTHER EXPENSES 342,644 4411.064 494.098 630,001 s 562.027 574,964 590.888
TOTAL PAYROLL & OTHER EXPENSES % 42.41% 40.68% 37.50% 37.21% 37.06% 36.91% 35.77%
TOTAL FOOD DEPARTMENT EXPENSES 593,122 700,745 901.584 971.704 1.013,811 1.067.829 1,103,648
TOTAL FOOD DEPARTMENT EXPENSES % 73.41% 71.06% 68.60% 68.21% 68.08% 67.91% 87.77%
TOTAL FOOD DEPARTMENT PROFIT (LOSS) 214,872 312,742 412,887 462.940 475,810 490,833 525.067
TOTAL FOOD DEPARTMENT PROST (LOSS) % 20.69% 28.34% 31.41% 31.79% 31.94% 32.09% 32.23%
CONEL DEMTLL
PAGE 3
MMM CATERING SERVICES
OPERATING BUDGET—BEVERAGE
F/Y 1996 — 2003
< PROJECTIOr-- --- -- >
DESCRIPTION 1997 1996 1990 2000 2001 2002 2003
SALES STATISTICS:
Beverage — Convention Center 52.336 53.693 54,971 66.070 57.191 58,335 59.502
Beverage — Outside CaterMO 7,650 7.603 7,959 8,115 8,261 8,446 8.015
Sewerage — Sundome Catering 0 0 0 0 0 0 0
'TOTAL BEVERAGE REVENUE $ 60,460 8 61,696 8 62,930 $ 04,168 8 00,472 $ 66,781 •68.117
BEVERAGE COST — ACTUAL $ $15,413 =15,418 $ 15,418 =15,418 $ 15,418 =15,418 $ 15,418
BEVERAGE COST — % OF REVENUE 28.6% 25.0% 24.5% 24.0% 23.5% 23.1% 220%
GROSS PROFIT — BEVERAGE SALES $ 45,088 $ 46.278 $ 47,512 $ 48.770 8 604064 $ 81.383 $ 52.880
PAYROLL EXPENSES:
Bartender Labor 6,141 5.244 5.340 6,440 5.506 5,076 5,790
Benoit* 151 154 157 160 164 167 170
Tot& Bartender Labor 5,293 5.398 5,506 5,610 5.729 5.843 5,060
Total Payroll %
6.75% 8.75% 8.78% 8.75% 8.76% 8.75% 8.75%
CONF1DENTIAL
PAGE 4
M&M CATERING SERVICES
OPERATING BUDGET—BEVERAGE
F/Y 1000 — 2003
DESCRIPTION
OTHER EXPENSES:
Paper Supplies
Limnos
nsas
Mbt and Fruit
.4 PROJECTION >
1997 1006 1000 2000 2001 2002 2003
005 617 029 642 656 666 061
2,601 2,653 2,700 2,760 2,015 2,872 2,920
1,210 1.234 1.250 1,264 1.300 1,336 1,362
TOTAL. OTHER EXPENSES 41 4,416 $ 4,504 $ 4,504 • $ 4,660 $ 4.760 $ 4.675 $ 4,973
TOTAL OTHER EXPENSES % 7.30% 7.30% 7.30% 7.30% 7.30% 7.30% 7.30%
TOTAL PAYROLL 0 OTHER EXPENSES $ 9,705 $ 9.902 $ 10,100 $ 10.302 $ 10.506 $ 10,719 =10,933
TOTAL PAYROLL & OTHER EXPENSES % 16.05% 10.06% 16.06% 16.06% 16.06% 16.06% 16.06%
TOTAL BEVERAGE DEPARTMENT EXPENSES % $ 25,126 $ 25.320 $ 25.518 $ 25,720 $ 25.026 $ 26,137 $ 20.351
TOTAL BEVERAGE DEPARTMENT EXPENSES 41.54% 41.04% '40.66% 40.07% 19.60% 19.14% 38.66%
BEVERAGE DEPARTMENT PRORT (LOSS)
BEVERAGE DEPARTMENT PRORT (L088) %
$ 36.300 $ 38,375 $ 37.411 $ 38,406 139.548 $ 40.645 $ 41,706
55.46% 58.96% 50.45% 50.93% 00.40% 00.86% 81.12%
- . . . . wr-..m--aawsewta.awwsa.womma.. w.a......N.wm
$ 801,450 $1,196,183 $1.377,400 $1,411,840 $1,666.000 $1,024,444 91,007,023
$ 260,232 $ 349,117 $ 450.200 '$ 401.410 * 1510.301 $ 540.470 $ 806,824
FOOD/BEVERAGE PRORT (LOBS) % 28.81% 20.05% 18.60% 33.01% 33.14% 83.27% 13.40%
TOTAL REVENUE
FOOD/BEVERAGE PROFIT (LOSS)
- fIMMIIIIIIIMMIMISSII wflfwlblMpISAff11110111=wl111110- iIBMI/gtl M1111[111HOwqp1•111i--
CONFIDENTIAL
PAGE 5
M&M CATERING SERVICES
OPERATING BUDGET - 3ENERALADMIM»MTI E
FJY 1090 - 2003
DESCRIPTION
4---- PROJECTTC'- - >
1987 1993 1900 2000 2001 2002 2003
PAYROLL EXPENSES:
Salaries 8.210 3.466 8,720 0.962 0.251 9.529 0.814
Smelts 300 318 328 338 348 358 380
TOTAL PAYROLL EXPENSE $ 8.528 $ 0.784 $ 0,048 $ 0.310 $ 0.500 $ 9.887 $ 10.183
% OF TOTAL REVENUE ' ages 0.76% 0.06% 0.93% 0.02% 0.91% 0.00%
OTHER EXPENSES •
O18oe Supplies 2,171 2.013 3,444 3.722 5.886 4.061 4.243
Restaurant Association Reiland 0 0 0 0 0 0 0
Cooler Expense 521 009 425 500 933 975 1.014
Dues and Subscriptions 434 583 660 744 776 012 540
Trawl Expense 174 233 275 204 311 325 330
Postage 006 816 064 1.042 1.000 1.137 1.168
Printing and Statiotmr 17 117 136 140 166 162 170
ConMbdons 1,303 1.744 2,006 2.213 2.333 2.437 2.546
Accounting 067 506 1.056 1.144 1.106 1.240 1,304
Bad Debt 0 0 0 0 0 0 0
Saes, BSO Taxes 2.006 3,406 4.132 4,407 4.666 4.573 5,091
Management Fee 26,064 54,055 41.322 44,606. 46.653 411.733 50,011
Rent 141.032 100.267 224.944 243,143 253.964 206.250 277.142
Eieotric Current 7,663 10.174 12.027 13.000 13.573 14.104 14,614
G A A Long Distant* 8 Phone Coot 3.474 4.661 5,610 5.966 0.220 0,406 6,768
Bank Ser Chg 8 C/C Disc 661 014 002 1.040 1.066 1.136 1.106
Computer Ment. Service 2.427 3.256 3.640 4.190 4.346 4.630 4,742
Entertainment and Promotion 0 0 0 0 0 0 0
TOTAL OTHER IXPIlNSES:
TOTAL OTHER EXPENSES %
TOTAL GENRL &ADMIN. EXPENSES
% OF TOTAL REVENUE
N 4 IMP
1110,547 2561411 105.200 050.0% 541,130 503.400 172.302
21.04% 21.94% 21.44% ' 21.04% 21.04% 21.94% 21.04%
$102.070 $ 264.428 5 311.254 $ $05.976 $ 250.702 $ 305.205 $ 381.515
22.92% 22.60% 22.40% 22.57% 22.66% 22.56% 22.64%
GROSS OPERATING PROFIT (LOSS)
GROSS OPERATING PROFIT (LOSS) %
5111.155 0 44.658 5138.045 5155„441 5164.500 5174,183 5104.305
5.59% 7.27% 10.00% 10.44% 10.855 10.72% 10.655
.......NIII
CONFIDENTIAL
ADDENDUM I .
(THANK YOU LETTERS)
March 14, 1996
To Whom It May Concern:
Having had the opportunity to work with Donna Moultray and M & M Catering many
times over the past 16 years, I can vouch for their experience, quality and value -- the
overall excellence of their service.
I learned early on to count on Donna's expertise, trust her suggestions and
recommendations and always expect her to outdo my expectations.
Whether a company luncheon for 25, hors d'oeuvres for 60, a banquet for 500, or dinner
for 1,000 or more, there is only one person I would trust in my corner (or kitchen) —
Donna Moultray.
Donna Moultray, M & M Catering has my full confidence. I know of no one better.
1
402 NORTH 4TH STREET • SUITE 102 • YAKIMA, WASHINGTON 95901
TELEPHONE: 509.576.7575 • FAX S09476-7679 • CELLULAR 509.945.1957
Hay 3, 1993
WASHINGTON STATE PHYSICAL THERAPY ASSOCIATION, INC
Chapter of the
American Physical Therapy Association
Donna Moultray
Sharma Taylor
M and M Catering Service•Inc.
10 North 8th St.
Yakima, WA 98901
Dear_Sharmma and Donna,
208 Rogers Street NW, Olympia, WA 98502.4940
(206) 352-7290 1-800-554-5569 (WA only)
Thank you for your contribution toward making our recent conference in Yakima
a big success.
I cannot sing high enough praise for your wonderful creations! Everything was
not only delicious (you received countless compliments from our participants),
but truly works of art. Your dependable service and flexibility gave us one less
thing to worry about in planning such a big event. And your cheerful, helpful
assistance made working with you a real pleasure.
Our sincere appreciation to you and all of your warm and gracious staff. We
look forward to working with you again.
Sincerely,
Nina Van De Mark
Conference Coordinator
M & M Catering
10 N. 8th St.
Yakima, WA 98902
1'A KIMA COUNTY BAR ASSOCIATION
c/o P.O. Bax 62550 Yakima WA 98907
December 7, 1993
CJames LW. Presided
Tena C Buil, V. Prop
RcvanT.Montoya, See.
Swam1GH ,Tre s.
Attn: Donna Moultray
RE: Yakima County Bar Association Holiday Party
Dear Donna:
On behalf of the Yakima County Bar Association, I wanted to convey
my thanks to your staff for the meal they prepared for the Bar
Holiday Party held on the evening of December 3, 1993 at the
Convention Center.
Mike Schwab made the final decision to go with the International
Cuisine that was prepared and it was a resounding success. People
made it a point to come over and comment about how great the meal
was. I just wanted you to know that your _staff received many, many
compliments for the meal and thought you might appreciate hearing
that.
Ver- truly yours,
C. AMES LUST
CJL/hks
* 2103 HARRISON NW SUITE 2154 • •
OLYMPIA, WASHI?4c1 ON 98502-2607
• 206357-8044
•
June 1994-- • '
•
• :Ms. !Cathy Coffey, Executive Direcior
.Yakiina Center • - - •
l0 North 8th Street . , • •
•:Yakima, Washington 989012515: •
• Dear Ms. Coffey: ' •
•
•
•
• • The 1994 joint Spring Planning Conference took p}ace in Yakima from May 1820 of this' -year.
-conference was sponsored by .ihe. Planning Association of Washington, Washington State • ••: •
'..Departments of Transportation, Ecology and Community, Trade and Economic Development, •
Northwest Tribal Planners Forum arid the Columbia Section of the Washington Chapter of the • _
. American Planning. Association. Yourfacility was the primary location for meeting space, as well as
... ' Cavanaugh's and Holiday -Inn. • . •. • •
• 1 would like to commend you and. your staff for•assisting10 make.thisyear's-conference.the'success it
. was. The food was excellent, setup done accurately and conference recipients report that:their stray
- was enjoyable. • - .. . •
First and foremost,-I-w.ish to thank Maryanne-Kayla,Event.Coordinator. She•presented me with my .:.
"first impression" of your facility and what it has to offer.. -Although hesitant initially with havingthe
conference -program laid -out over three facilities, she convinced me that the cooperative working
relationship with the Cavanaugh's and Holiday Inn would generate nothing but a success event.- She .
was right! . •
- David Dunn was extremely helpful. He was efficient and obviously cares about'his.job: .. •
- M & M Catering outdid themselves. Donna Moultray and her staff did.an outstanding job. •Donna
. -was easy to work -with and.an expert in her field: Sharma Taylor wasalways.available to assist •
throughout.the entire planning process.
' The staff•at the Yakima Visitor and Convention Bureau_ was very•giacious..1appreciate their •:-
- assistance in helping to coordinate this -event. -• • : • - - .
--• 1 trust that this letter will be directed•fo those mentioned. -As a professional event coordinator, Icbme
-. into .contact with manya facility.,and its staff. You-cari be assured that twill recommend Yakima
Center for fuThankevents in our area. anlcyou: - • • • •- : •
Sincere
;/0)
/ f
•ANIS"•',e er
• Event Dynaniics' -• .
•
•
•
•
• ADVANCED AIR TECHNOLOGIES, INC,
2285 Central Park Drive • Campbell, CA 95008
408 377-4930 • Fax: 408 377-4282
April 20, 1994
Kathy Coffey
Executive Director
Yakima Center
Dear Kathy:
As an exhibitor at the Washington State Central Services Association meeting last week in
your facility, I would like to compliment you on your facility, staff and the services they
provided.
I attend many such meetings around the country. Never have I felt like a member of the
family, as I did during my time at your facility. Every individual who I came in contact
with was helpful, courteous and attentive.
• the folks manning the buffet line were cheery, helpful and conversant
with what was presented. The most touching point, for me, was the
admonition: "...try our soup, its' homemade and delicious!" It wast
I wish I had taken names so that I might commend them to you.
•
* support staff, starting with David Dunn and continuing on through each
staff member, let you know that they wanted you to be happy...
What a great family of folks you have working with you! It must be a joy to "get to
work"
I thought you should know.
Cordially,
Wm. R. Di Berto
Director of Marketing & Sales
Corporate Headquarters: Corunna, Michigan
517 743-5544 • Fax: 517 743-5624
CESS 2000
WLA 1994 CONFERENCE
May 9, 1994
Manager
M and M Catering Services
10 North 8th Street • •
Yakima, WA 98901
Dear Sir or Madam:
Please accept my thanks for the wonderful job your folks did for the Washington
Library Association Conference. The food was greattlll Please thank all who
served us. We appreciated your services and responsiveness. Thanks for your
work.
Sincerely yours,
Sandy Carlson, Conference Chair
•
Pt
SISTER REBECCA BERGNOFF
FOUNDATION
June 1, 1994
Donna, Manager
M and M Catering
10N.8th St
Yakima Wa. 98901
Dear Donna,
Thank you for the excellent service you and your staff provided for
Sister Rebecca's Jubilee on May 28. Your professionalism and
graciousness are truly exemplary.
I will look forward to working with you again the next time we have
a celebration .
3112 Main Street
Union Gap, Washington 98903 (509) 457-0671, Mx (509) 457-0704
Guests
Wait Staff
60
Team
Leaders
6
ADDENDUM J
Scullary
Maintenance
6
Banquet
Cooks
4
Chef
Assistant
Manager
1
General
Manager
Donna
Moultray
Assistant
Sales
Executive
•
ADDENDUM K
(KITCHEN DEPARTMENT)
XI TCICEN DEPARTHMIT
EXECUTIVE CHEF
SOUS CHEF
BANQUET CHET
ASSISTANT BANQUET CHEF
BAKER
BANQUET COOK
COOK
PANTRY COOK
DELI COOK
PREP COOK
STEWARD
DISHWASHER
JANITOR
JOB DESCRIPTION
POSITION: EXECUTIVE CHEF
DEPARTMENT: KITCHEN
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMAR?s
Coordinates activities and directs training of Chefs and Cooks
engaged in preparing and cooking foods to ensure efficient and
profitable food service. Hires and discharges employees to
ensure a quality kitchen staff; directs and participates in
planning menus and utilization of food surplus and leftovers;
schedules kitchen staff taking into account the probable
number of guests, marketing conditions, popularity of various
dishes, and recency of menu. Maintains inventory; estimates
food consumption and purchases or requisitions food and non-
food items necessary for kitchen operation. Reviews menus;
analyzes recipes; determines food, labor and overhead costs to
ensure economical and timely production. Observes methods of
cooking and preparing foods, sizes of portions, garnishments,
and plate presentations to ensure food is prepared according
to the establishment's quality standards. Observes kitchen
area, and supervises kitchen and cleanup employees to ensure
proper sanitation of kitchen area. Works closely with Food
Service Manager to coordinate policies and procedures between
dining room and kitchen.
QUALIFICATIONS:
Thorough knowledge and/or experience in food preparation,
presentation, purchasing, inventory control, and kitchen
policies and procedures. Ability to plan, organize, and
direct the activities of a group of employees; ability to
communicate and develop an effective working relationship with
fellow employees and supervisors; ability to work in atypical
kitchen atmosphere requiring intensive standing and working in
above normal temperatures.
TRAINING REQUIRED:
General Manager will provide orientation and training in
kitchen policies and procedures.
SUPERVISION RECEIVED:
Works under the general supervision of the General Manager
POSITION: EXECUTIVE CEEF/cont'd
SUPERVISION EXERCISED:
Exercises supervision over kitchen personnel directly and
through subordinate supervisors.
JOB DESCRIPTION
POSITION: SOUS CHEF
DEPARTMENT: KITCHEN
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMARY:
Cooks, carves meats, and prepares dishes. Supervises,
coordinates, and participates in activities of cooks and
other kitchen personnel engaged in preparing and cooking
foodstuffs.. Observes workers engaged in preparing,.
portioning, and garnishing foods to insure that methods Of
cooking, garnishing, and size of portions are as prescribed.
Gives instruction to cooking personnel in fine point of
cooking. May coordinate production sheets, inventory, usage
charts, and daily time card reports. Assumes responsibility
for kitchen in the absence of the Executive Chef.
QUALIFICATIONS:
Considerable knowledge of food preparation, presentation, and
portion control. Some knowledge of purchasing, ordering,
receiving, food costing, and inventory procedures. Ability
to plan, organize and direct the activities of employees in
kitchen area: ability to develop an effective working
relationship with fellow employees and supervisors. Some
formal Culinary Art training desired.
TRAINING REQUIRED:
Executive Chef will provide orientation and training in food
policies, procedures, and preparation.
SUPERVISION RECEIVED:
Works under the general supervision of the Executive Chef.
SUPERVISION EXERCISED:
Exercises close supervision over kitchen personnel including
cooks, dishwashers, prep. and pantry cook.
JOB DESCRIPTION
POSITION: BANQUET CHEF
DEPARTMENT: KITCHEN
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMARY:
Supervises, coordinates, and participates in activities of
cooks and other kitchen personnel engaged in preparing and
cooking food for banquets. Estimates food consumption and
requisitions food and supplies. Receives and checks food and
supplies for quality and quantity. Cooks or otherwise
prepares foods according to recipes using kitchen equipment
such as oven, broilers, steamers, grills and.roaster. Cuts,
trims and bones meats and poultry for cooking; portions cooked
foods, or gives instructions as to size of portions and
methods of garnishing. Supervises personnel engaged in
preparing and cooking meats, sauces, vegetables, soups, and
other food for banquets.
QUALIFICATIONS:
Considerable knowledge of food preparation, banquet portions,
food costing, and kitchen and banquet policies and procedures.
Ability to plan, organize, and direct the activities of a
group of employees performing related banquet duties; ability
to communicate and develop an effective working relationship
with fellow employees and supervisors; ability to operate
standard kitchen equipment.
TRAINING REQUIRED:
Executive Chef will provide orientation and training in
banquet procedures and policies.
SUPERVISION RECEIVED:
Works under the general supervision of the Executive Chef.
SUPERVISION EXERCISED:
Exercises close supervision over banquet kitchen's personnel.
JOB DESCRIPTIO
POSITION: ASSISTANT BANQUET cEEF
DEPARTMENT: KITCBEM
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMARY:
Assists Banquet Chef in supervising and coordinating the
activities of Banquet Kitchen personnel engaged in preparing
and cooking food for banquets. May estimate food consumption
and requisition food and supplies. Receives and checks food
and supplies for -quality and quantity. Cooks or otherwise
prepares foods according to recipes using kitchen equipment
such as ovens, broilers, steamers, grills, and roasters.
Cuts, trims, and bones meats and poultry for cooking; portions
cooked foods, or gives instructions as to size of portions and
methods of garnishing. •
QUALIFICATIONS:
Considerable knowledge of food preparation, banquet portions,
food costing, and kitchen and banquet policies and procedures.
Ability to plan, organize and direct the activities of a group
of employees performing related banquet duties; ability to
communicate and develop an effective working relationship with
fellow employees and supervisors; ability to operate standards
kitchen equipment.
TRAINING REQUIRED:
Executive Chef will provide orientation and training in
banquet policies and procedures.
SUPERVISION RECEIVED:
Works under the general supervision of the Banquet Chef.
SUPERVISION EXERCISED:
Exercises close supervision over banquet kitchen personnel.
March 18, 1994
Donna Moultry
M and M Catering Services
10 North 8th Street
Yakima, Washington 98901
Dear Donna,
Northwest District Council
OF THE ASSEMBLIES OF GOD
Bob Unruh
Director of Merry Ministries
I want to thank you for the great job you and your staff did at our Men's Retreat
earlier this month. As we said last year with Dave Roever coming, our meals should
be larger and they were.
Enclosed please find check number ' 57279 in the amount of $7,774.20 for the meals at
the 1994 Men's Retreat.
Thank you for your understanding and being able to call at the last minute with the
count.
Sincerely,
Bob Unruh
Northwest District
Men's Ministries Director
B U/rre
enclosure
Mai: P.O. Box 696. Kirkland. WA 98083.0699 • location: 5710 10ft Avenue N.E. KFkland. WA 96033-7588 • Telephone; (206) 8273013 • Fax: (206) E27-3114
Catholic Family
and
Child
Service
DIOCESE OFYAKIMA
February 7, 1994
Donna Moultray
M -M Catering
10 N. 8th Street
Yakima, WA 98901
Dear Donna:
On behalf of Bishop George, the -Board of Catholic Family and Child
Service, and of Betty Hunziker and her great staff we want to thank
you for the wonderful work you did to make the Bishop's Dinner such
a success. We also want to thank you in the name of all the
children, families, and frail elderly people we are serving.
You were terrific! Even with our last minute changes, you.and your
staff provided our guests with an excellent atmosphere and good
food. You were so helpful to our volunteers in the preparation
process too! The whole community is lucky to have your service
available to help in events such as ours.
Graattefully,
Rev. Thomas C. Champoux
Executive Director
TCC:ga
Chris Cote - anet Kali"tiger
Event c•-chai
Catholic Charities
5301< Tieton Drive, Yakiiria; SVA 9890e '9/965-7100 • united Way
YAKIMA VALLEY
SU DOME
MANAGED BY THE CENTRAL WASHINGTON FAIR ASSOCIATION
January 24, 1994
Donna Moultray
M&M catering
607 East Yakima Avenue
Yakima, WA 98902
RE: Sawyer Brown
Dear Donna:
Wanted to take just a moment to pass along some comments regarding
catering. for last night's Sawyer Brown Show.
According to Pat Roberts, promoter of the Show, several band and
crew members voiced strong compliments regarding the quality of the
catering.
I would also like to praise the woman who was responsible for the
backstage area. It was obvious she took a great deal of pride in
her job.
It has always been my belief that catering plays an integral part
in keeping concert promoters and their acts happy. Thanks in part
to your crew, we certainly achieved this goal last night.
Thanks for your efforts.
Duane E. Morris
SunDome Manager
DEM/fh
mkt .L6
P.O. Box 1381 • Yakima, Washington 98907
Telephone (509) 454 -DOME; FAX (509) 2484093
24. October 1293
Educational
Service
District 105
33 South Second Armee
Yakima, VashinStoa 51902
(509) 373.2885
FAX 575.2910
•
Board at Directors
Fred G!mime b, corm. November 3, 1994
Judi Gllntutr
Titin Graben*
Sbernum Jensen
Patt,pY Yragesen
Metlnda Stanolei*
Beverly Hanna
Superiates4eat
Alicbael S. &'rnazrant
Assedate Counties
Yakima
Mims
Grant
Xlickitat
M & M Catering Services
Attn: Donna and Sharma
10 North 8th Street
Yakima, WA 98901
Dear Donna and Sharma,
Thank you for an excellent buffet luncheon served at the ESD 105
Conference Center on October 28! The food was outstanding—hot,
fresh, tasty, and plentiful. The set up and table service were so
professionally done. We received many compliments on the
quality and quantity of the "food.
A special thanks to Karen and Jam! They did a great job of taking care
of all the details, assisting the workshop attendees, and went above
and beyond the call of duty in clean-up!
Thanks for providing a much needed, and much appreciated, service to
Yakima. Keep up the good world
Sincerely,
Mary- Purvis, Director Sandy Kurtz, Administrative Secretary
School Health & Safety
ESD 105 it an Equal Opportunity Employer
ACE
iFebruary 16, 1994
Ace Hardware Corporation
Donna Moultray
M and M Catering Services
10 North 8th Street
Yakima, WA 98902
Yakrrna Retail Support Canter
2801 Rim- Road
lbktrna. Washington 98902
(509) 575-5500
Fax Number. (509) 453-3598
Dear Donna,
our recent spaghetti luncheon function for employees, using your
company's services, was a big success. The food was well prepared,
the portions were generous, and the entire presentation was
attractive. We really enjoyed the meal.
I M and M Catering has also catered our company picnic, employee
anniversary luncheon and an appreciation luncheon for our office
staff. Employees are still talking about the wonderful meal
I served during our anniversary luncheon! All of these events have
gone off without a hitch. The meals were good, and your staff was
helpful with any serving or set up work involved. The tablecloths,
napkins, plates and silverware added to the overall presentation of
Ithe event. And the cost of each event has been on target with the
estimates you gave us during our planning!
1
1
Telara McCullough BJ Taylor
g �
Human Resource Assistant
We wanted to take this opportunity to thank you for the
professionalism and responsiveness you and your staff have shown,
each time we contact you for help. Whether it is a large or small
event, the attention your company has given to each function has
been instrumental in its success. Most businesses today talk about
the importance of customer service. It has been our experience
that M and M Catering truly provides excellent customer service.
We're looking forward to our next association with M and M
Catering, of course. A good meal is hard to come by.
Sincerely,
ACE HARDWARE
1
1
Human Resource Manager
Corporate Headquarters: 2200 Kensington Court. Oak Brook. Illinois 60521
Pri+tId p. A c+a+a Pm,
Reach' out to ...
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RIF/ a
October 18, 1994
104 No. 4th Avenue
Yakima, WA 98902
Kathy Coffey,
Yakima Valley Visitors and Convention Bureau
Rand Elliott,
Holiday inn
Donna Mouttray,
M and M Catering
Tim Peterson,
Cavanaugh's
Dear Friends,
Washington Library Media Association's
15th Anniversary Fall Conference
Yakima, October 13, 14 and 15, 1994
I realty can't let a day pass without writing to you as a group to tell you how marvelous you and
your staffs were in making the annual fall conference of the Washington Library Media
Association as good as they ever get.
Over my thirty years in Yakima as first a teacher and mostty as an administrator with the Yakima
Public Schools, I have hosted at least six conferences, beginning in the days when the Chinook
Hotel was the only available location.
1 have done four of those conferences In the Convention Center/(Towne-Plaza)
Cavanaugh's/Holiday Inn. Each time they have gotten better and better. partly because of what I
have learned over the years, but mostly because each of your businesses and particularly your
staffs really know how to treat people right and do their jobs very very well!
The library media specialists of the state of Washington really Ike to come to conferences in
Yakima. The location is central, the weather is usually always wonderful—even Including the
refreshing rain over Thursday night, the facilities are very nice and their design accommodates
our type of conference (large sessions, a lot of smaller concurrent sessions, large meals, small
meals, receptions, exhibits, and lots of I= parking ) just beautifully.
I have always tried to share equally among your businesses the speclat events that add revenue
(meals and receptions) and must definitely say that each of you did a superb Job wflh each of
them this year. Every one I talked to said that the meals were the best they have ever had at a
conference and most reasonably priced in today's market.
Thank you so much for making me, Yakima and your businesses look good!
Sincerely.
Bruce J. Eyer,
Co-chair for local arrangements
Washington Library Media Association
Director of teaming Resources
Yakima Public Schools
c. Joanne Sheeley, President
Susan Baker, Past President
Nancy Graf, Site selection coordinator
Washington Lbrary Media Association
Donm -
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dpi
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•
Patricia McNulty Wooster 20814 Snag island Drive E. Sumner. WA 98390 (206) 862-3400
July 17, 1994
Donna Moultray
M & M Catering Service
10 North 8th Street '
Yakima, WA 98901
Dear Donna,
Thank you and the members of your staff for a most excellent dinner
on July 8 at Covey Run Winery. Everything looked and tasted wonderful.
The individual flower/candle decorations on the tables were just perfect,
as was the beautiful boquet of flowers on the buffet table. The food
presentation was lovely, and the way everythingwas set up (location of
the table on the rug in the.center of the room) was just right. What an
easy way for me to entertain! Our guests at the wedding rehearsal dinner
were also most complimentary.
My only regret is that you are not situated on this side of the
mountains, so that we may use M & M Catering again. Just thought you
would like to know how much your services, the food and staff were appreciated.
Sincerely,
adttA
YAKIMA
COUNTY
DEVELOPMENT
2 ASSOCIATION
FAX 509-575450
509-575-1140
Yakima, Washington 98907.1337
P. 0. Box 1387
June 3, 1994
Donna Moultray and Crew
M g: M Catering Service, Inc.
10 N. 8th St.
Yakima, WA 98901
Dear Donna, Sharma, Sherry, Karen and Greg:
Once again you have done yourselves proud!
We are extremely grateful for your artistry and professionalism in serving two very early
breakfasts and a lunch over the past couple of days to people who are very important to us
here at New Vision. The people on duty quietly went about the business of having
everything ready at just the right moment, beautifully displayed, and efficiently served.
They'd not had time to get the message about more guests at the second breakfast, but had
the extra table set and handled with aplomb what could have been an embarrassing situation.
Our Briefings were all we needed them to be thanks to your help. We appreciate you and
will continue to recommend your services to others.
David Adam
Campaign Director
AR
le CC: Cavanaugh's
502 West 4th Avenue
P.C. Box 672
Toppenish, Washington
98948-0672
December 7, 1995
Donna Moultray
M & M Catering
10 North 8th Street
Yakima, WA 98901
Dear Donna:
Tel 509.865.3105
fax 509 8651519
Li! . i► 1 1 '-
1,,
On behalf of the Sisters of Providence and the Providence
Foundation of Toppenish Board of Directors, I am writing to
thank you for your part in making The Festival of Trees such a
resounding success. The event raised over $50,000 in support
of the Providence Toppenish Hospital Capital Campaign for the
new Pediatric Unit and Family Maternity Center.
Many thanks for your support of this special project. All of
us at Providence are most grateful.
My sincere best wishes to you and yours for a happy holiday
season.
Sincerely,
t•
John P. Colgan
Executive Director.
Providence Foundation of Toppenish
%V'
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cIAcL tIMMENTALS 271 RUNNING SPRINGS LANE • NACHES, WA 98937
.e..444erta
1.4114 nig S Phaw44 RAW*
(509) 4524997 • (509) 853-2798
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October 6, 1995
Donna Moultray
M&M Catering
10 North 8th Street
Yakima, WA 98901 .
Dear Ms. Moultray:
We would like to take this opportunity to thank you for your participation in
the 1995 Agricultural Showcase. The Western Barbecue at Running Springs
Ranch in Naches is very possibly the most popular portion of the Showcase
and we appreciate all of M&M Caterings extra attention and hard work in
making the barbecue an awaited event each year.
We would also like to thank you for working with Showcase organizers
throughout the year on many related promotional events. M&M Catering
consistantly pays special attention to detail and is always a pleasure to work
with.
We are already making preliminary plans for the next Showcase and would
certainly appreciate any feedback you might have to make the show a
continued success. Please write, phone or fax with any comments and we
will make certain to indude your thoughts in the independent evaluation of
the Showcase. As we are currently centralizing Showcase staff coordination,
please send all future correspondence to the TRADEC, Seattle, office at 600
University Street, Suite 2801, Seattle, WA 98101.
Again, it is always a pleasure to work with M&M Catering and we look
forward to working with you on future events.
Sincerely,
1-(NALU
Ed Harrell
Director
Kittitas-Yakima EDD
Showcase Administrator
q5a-�s9�
F75 PJa
Scott JacI on
President
TRADEC, Inc.
Showcase Coordinator
TRADEC • Showcase Coordinator • Central Washington Trade Center • 2008 W. Washington • Suite 3 • Yakima, Washington 98903
Phone: (509) 452-2474 • FAX: (509) 452-1384 • E -Mail: TRADEC2@sol ccm
•
WASHINGTON ASSOCIATION OF EDUCATIONAL OFFICE PROFESSIONALS
Affiliated with the National Association of Educational Office Professionals
Allied with the Washington Association of School Administrators
Allied with the Association of Washington School Principals
May 17, 1995
Sharma Toylor
M & M Catering
Yohtmo Center
10 North 8th Street
Yobtmo, WA 98901
Dear .Sharma,
On behalf of the Woshington Assoriotion of Educational Office Professionals and as tk'r
conference chairman, I would like to thunk M Er M for catering otu conference.
The staff at the Center mode members of WAEOP feel welcome. They were courteous and
helpful. The meals were absolutely delirious. As you know, the food is very important. Tk
evaluations for the overall conference were excellent and members indicated haw web they cloyed
the different meal functions, particularly the linguini pork salad at Soturdoy luncheon
We oppreciote loving such o nice facility and such an oceonvv»Iotinq catering service to work wftic
north ogoin, Sharma and stuff, for your wonderful service:
Sincerely,
Pat Aho
1995 WAEOP Conferehee Cha'rmon
I) Heritage College
MSM Campus:
3240 Fat Rob
Toppenish, WA 969IB
Main Campus:
Fort Road
WA 98948
(509) 865-2244
(509) 575-1206
Donna Moultry
M & M Catering
10 N. 8th St.
Yakima, WA 98901
Dear Donna:
Knowledge Brings Us Together"
October 6, 1995
Satellite Campus:
Omak
1-800.6214620
We want to thank you for helping make this year's Polo Tournament one of the most successful
ever! Because of the involvement of people like you, the proceeds from the tournament will
ensure that Heritage College can continue its mission of providing high quality, higher education
to a diverse, and financially challenged population.
Since Heritage students are often the first in their family to attend college, they do not always
receive the financial and moral support necessary to succeed. You have helped provide this
support of Heritage students with your generosity.
This year's event was fun for everyone involved. We hope you will be able to join us next year,
September 20, 21 and 22, 1996, for the great polo, food, sun, shopping, dancing, etc. and bring
your friends for another wonderful Heritage Cup.
Thank you, once again for your support.
Very truly yours,
2. Kc,aCcc,,,
.4JedAr-
Dr. Kathleen Ross George Wynn Colby
President, Heritage College Chair, Polo Board of Governors
Kathryn M. dreyco, snjm
Director of Development
aA-.%1
Anne Harrison
Special Events Coordinator
`2117(-zit).r4,14444uPArtJazito 1- ,04vu " 4#4
Noveaber 10, 1993
Donna Moultray
Y
& M Catering
10 North 8th Street
Yakiaa, WA 98901
Dear Donna
Well, as usual, you did it again, and we're writing to say "thank
you" for another great year in the Rose Garden during the Fair.
No natter what we throw at you, you and your personnel always cone
through with flying colors, outstanding service and, of course,
absolutely delicious seals.
I want you and all of your crew to know how such we appreciate all
that you do for us at the fairgrounds.
Again, our thanks for everything.
Sincerely,
CENTRAL WASHINGTON STATE FAIR
fr
GREG G • STEWART
PRESIDENT AND GENERAL MANAGER
GGSsj1r
A k E.
P.O. Box 1381 • Yakima, Washington 98907 AKIMK yY
Telephone (509) 248-7160; FAX (509) 248-8093 HOME OF THE SUNTIONME
WSSAC
A statewide
network of frailness
in prevention.
Washington State Substance Abuse Coalition
November 8, 1993
Donna Moultray
M and M Catering Service, Inc.
10 North 8th St.
Yakima, WA 98901
Dear Donna:
On behalf of the Washington State Substance Abuse Coalition (WSSAC) and the
"Building A Vision" (BAV) Committee, I would like to extend my sincere thanks to you
for your help in organizing our conference last month.
BAV was a great success! Over 900 people from around the state participated. There
were over 60 workshop sessions and three keynote events. We received many positive
comments about the food and service. Your assistance helped make the conference
successful.
Sincerely,
4110&L
Susan J. Holter
Special Events Manager
SJH/dc
12729 N.E. 20th *18 • Bellevue, WA 98005-1906
(206) 637-7011 • 1-800-662-9111 • FAX (206) 637-7012
Partially Fended by & dieDitition4Akohd and Substance Abuse
JOB DESCRIPTION
POSITION: BAKER
DEPARTMENT: KITCHEN
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMARY:
Prepares breads, rolls, muffins, pies, and other baked goods
according to recipes and Chef's instructions. Checks
production schedule or function schedule to determine variety
and quantity of goods to bake. Confers with Executive Chef
regarding supplies needed to maintain proper inventory.
Maintains the cleanliness of the bakery area. May assist
Banquet Chef in preparing items for Sunday Brunch and for
special occasions.
QUALIFICATIONS:
Some knowledge of food and food preparation. Ability to
develop an effective working relationship with fellow
employees and supervisors; ability to work in a typical
kitchen atmosphere withstanding high temperature and requiring
intensive standing.
TRAINING REQUIRED:
Executive Chef will provide orientation and training in baking
policies and procedures.
SUPERVISION RECEIVED:
Works under the general supervision of the Executive Chef.
SUPERVISION EXERCISED:
None.
' 1`a'l l R t K n
JOB DESCRIPTION
POSITION: BANQUET COOK
DEPARTMENT: KITCHEN
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMARY:
Assists Banquet Chef in preparing and serving banquets.
Prepares, seasons, and cooks soups, meats, vegetables,
desserts, and other foodstuffs in proportion to banquet needs.
Operates ovens, broilers, grills, steamers, and roasters.
Measures and mixes ingredients according to recipes, using a
variety of kitchen utensils and equipment... such as slicers,
blenders, mixers, and grinders. Maintains the cleanliness of
banquet kitchen and banquet walk-in. May supervise other
employees, such as Banquet Dishwashers.
QUALIFICATIONS:
Considerable knowledge of foods, food preparation, banquet
portions, and kitchen activities. Ability to operate standard
kitchen equipment; ability to follow written and verbal
directions and instructions; ability to develop an effective
working relationship with fellow employees and supervisors.
TRAINING REQUIRED:
Banquet Chef will provide orientation and training in banquet
policies and procedures.
SUPERVISION RECEIVED:
Works under the close supervision of the Banquet Chef and
general supervision of the Executive Chef.
SUPERVISION EXERCISED:
Exercises close supervision over banquet personnel.
JOB DESCRIPTION
POSITION: COOK
DEPARTMENT: KITCHEN
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMARY:
Assists Sous Chef in preparing and serving menu items.
Prepares seasons and cooks soups, meats, vegtables, and other
foods. Operates ovens, broilers, grills, steamers, and
roasters Measures and mixes according to recipes and chef's
directions using a variety of kitchen utensils and equipment
such as, slicers, blenders, mixers, and grinders. Maintains
cleanliness of kitchens may keep labor records and supervise
other kitchen employees, such as, pantry worker, prep cook,
and dishwasher.
QUALIFICATIONS;
Considerable knowledge of food, food preparation, and kitchen
activities. Ability to operate standard kitchen equipment:
ability to follow written and verbal directions; ability to
develop an effective working relationship with fellow
employees and supervisors.
TRAINING REQUIRED:
Sous Chef and Chef will provide orientation and training in
cooking and kitchen policies and procedures.
SUPERVISION RECEIVED:
Works under the close supervision of the Sous Chef and
general supervision of -the Executive Chef.
SUPERVISION EXERCISED:
•
Exercises close supervision over kitchen personnel.
JOS DESCRIPTION
POSITION: PANTRY COOK
DEPARTMENT: KITCHEN
WORK OBJECTIVES: •
To provide guests with the highest quality service or product
possible.
JOS SUMMARY:
Prepares salads, appetizers, sandwiches, and other menu
dishes according to standard recipes and Chef's direction.
May prepare baked items and desserts; stocks and cleans
pantry area, as well as produce walk-in. May set up special
buffets and.presentations; orders produce taking into account
number of guests and marketing conditions.
QUALIFICATIONS:
some knowledge of foods, food preparation, and kitchen
activities. Ability to follow written and verbal directions;
ability to operate standard kitchen equipment, such as
ovens, grills, broilers, steamers, deep fat fryers, and saute
burners. Ability to develop and maintain an effective
working relationship with fellow workers and supervisors.
TRAINING REQUIRED:
Sous Chef will provide orientation and training in pantry
procedures and policies.
SUPERVISION RECEIVED:
Works under the close supervision of the Sous Chef and
general supervision of the Executive Chef.
SUPERVISION EXERCISE:
Exercises close supervision over prep cook and dishwasher-.
i
JOB DESCRIPTION
POSITIONS DELI COOK
DEPARTMENT: KITCHEN
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMARY:
Prepares sandwiches, bakery goods, and other deli foods
according to standard recipes and Chef's direction. Rotates
deli items, such as meats and produce to ensure freshness.
Sets up and stocks salad bar for lunch. May assist in seating
guests, bussing tables, taking reservations, and working the
point of sale system.
QUALIFICATIONS:
Some knowledge of food and food preparation. Ability to deal
courteously and tactfully with the public; ability to develop
an effective working relationship with fellow employees and
supervisors; ability to follow written and verbal
instructions.
TRAINING REQUIRED:
Executive Chef will. provide orientation and training in deli
policies and procedures.
SUPERVISION RECEIVED:
Works under the close supervision of the Sous Chef and the
general supervision of the Executive Chef and Food Service
Manager.
SUPERVISION EXERCISED:
None.
1
JOB DESCRIPTION
POSITION: PREP COOK
DEPARTMENT: KITCHEN
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMARY:
Washes, cleans, peels, slices, and mixes vegetables, fruits,
and other ingredients for salads, cold plates, and garnishes.
May produce salads, appetizers, sandwich fillings and other
cold dishes. Carves meats and cheese; portions and prepares
breakfast and dessert fruits, such as melons, grapefruits, and
bananas. May measure and mix ingredients, cocktail sauces,
gelatin salads, and cold desserts following recipes.
Maintains cleanliness and order of prep area, as well as
produce walk-in.
QUALIFICATIONS:
Some knowledge of foods, food preparation, and kitchen
activities. Ability to follow written and verbal directions;
ability to develop and maintain an effective working
relationship with fellow employees and supervisors. Ability
to operate standard food preparation equipment and utensils
such as slicers, whips, and steamers.
TRAINING REQUIRED:
Sous Chef will provide orientation and training in prepping
policies and procedures.
SUPERVISION RECEIVED:
Works under the close supervision of the Sous Chef.
SUPERVISION EXERCISED:
Exercises close supervision over dishwashers.
i
JOB DESCRIPTION
POSITION: STEWARD
DEPARTMENT: XITCEZN
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMARY:
Supervises and coordinates the activities of dishwashers
engaged in cleaning serviceware and maintaining the
cleanliness of -the dishwashing area. Inspects kitchen and
storerooms to ensure the premises and equipment are clean and
in order. Accepts, signs for, and examines incoming purchases
for quality, and to ensure purchases are as specified in
order. Stores and stocks food and kitchen items. Maintains
the cleanliness of the kitchen area. May assist dishwasher
when necessary.
QUALIFICATIONS:
Ability to organize and direct the activities of a group of
employees; ability to work with minimum of supervision;
ability to develop an effective working relationship with
fellow employees and supervisors; ability to work in a
standard kitchen atmosphere requiring intensive standing and
withstanding high temperatures.
TRAINING REQUIRED:
Executive Chef will provide orientation and training in
kitchen policies and procedures.
SUPERVISION RECEIVED:
Works under the close supervision of the Sous Chef and the
general supervision of the Executive Chef.
SUPERVISION EXERCISED:
Exercises general supervision over the dishwashers.
I
s
1
1
JOB DESCRIPTION
POSITION: DISHWASHER
DEPARTMENT: KITCHEN
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMARY:
Cleans dishes glasses, silverware, pots and pans, using
dishwasher. Empties garbage cans and linen bags. Maintains
the cleanliness of dishwashing area and up -keep of
dishwasher. Maintains cleanliness of dumpster area. Keeps
dining room area stocked with dishes. Sweeps, mops, and
maintains the cleanliness of floors, walk-in, and storage
area. May assist in other kitchen duties; monitors busperson
to ensure proper plate scrubbing, dish stacking, recycling,
and glass racking procedures are followed.
QUALIFICATIONS:
Ability to develop an effective working relationship with
fellow employees and supervisors; ability to deal
courteously and tactfully with the public.
TRAINING REQUIRED:
Sous Chef will provide orientation and training in the
dishwashing policies and procedures.
SUPERVISION EXERCISED:
none
JOB DESCRIPTION
POSITION: JANITOR
DEPARTMENT: KITCHEN
WORK OBJECTIVES:
To provide guests with the highest quality service or product
possible.
JOB SUMMARY:
Maintains cleanliness and sanitation of kitchen area and
equipment by cleaning walls, ceilings, stove hoods, vents,
counters, and front line equipment. Sweeps and mops floors
to ensure compliance with sanitation requirements. Maintains
organization of garbage area. Maintains supplies necessary
for job function to ensure proper inventory.
QUALIFICATIONS:
Some knowledge of cleaning compounds and sanitation
requirements. Ability to develop an effective working
relationship with fellow employees and supervisors ability to
work in a typical janitorial atmosphere requiring heavy
lifting, intensive standing, and walking. Ability to
withstand high temperature.
TRAINING REQUIRED:
Executive Chef will provide orientation and training in
sanitation policies and janitorial procedures.
SUPERVISION RECEIVED:
Works under the general supervision of the Executive Chef and
the close supervision of the Sous Chef.
SUPERVISION EXERCISED:
None
JOB BREAKDOWN R1X2$
POSITIONS: EXECUTIVE CHEF/ SOUS CHEF •
TASKS: LABOR REPORT / PROCEDURES & CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: EMPLOYEE TIME CARDS, PEN OR PENCIL, LABOR REPORT
FORMS, ADDING MACHINE
SAFETY PRECAUTIONS:
•
WHAT TO DO
ADDITIONAL
HOW TO DO IT INFORMATION
CALCULATE PAY
Add up hours on employee time
card. Multiply the hours worked
by the employee's hourly wage.
Put total hours worked, hourly
wage and total amount employee
is to be paid for that day on
labor report.
After all employee's time cards
have been calculated, and labor
report filled in, total hours
column, amount paid column, and
total number of employees worked
column.
After rechecking total columns
for accuracy, multiply the total
amount paid by 1.27. Write in
that amount at bottom of sheet.
Turn form into the front desk.
Holidays ars to be paid time and
a half.
Salaried persons will be on top of
each sheet, add to total of
employee's hours.
PERFORMANCE STANDARDS
The task of CALCULATING THE LABOR REPORT IS CONSIDERED TO BE PERFORMED WELL WBS
THE EMPLOYEE:
1. Calculates pay rate as specified in job breakdown.
TRAINING OBJECTIVES .
At the end of the LABOR REPORT training session the employee will be able to:
1. Calculates pay rate as specified in job breakdown.
PERFORMANCE STANDARDS
The task of STOCKING AND ROTATING INVENTORY is considered to be performed
when the employee:
1. Stores inventory in the proper storage.
2. Rotates all stock insuring the older inventory is used first.
3. Assures there is no waste of any products.
4. Assures there is no over stocking of any items.
S. Takes no damaged or spoiled inventory.
6. Stores, dates, covers food and it is easy to find.
TRAINING OBJECTIVES
At the end of STOCKING AND ROTATING INVENTORY PROCEDURES training session the
employee will be able to:
1. Understand the importance of rotating stock.
2. Know where all stored foods are placed.
JOB BREAKDOWN
RIX15
POSITIONS: STEWARD, COOK, SUPERVISOR
TASKS: FOOD STORAGE / SHELF ARRANGEMENT / PROCEDURE & CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: Box Cutting Knife
SAFETY PRECAUTIONS: BLADE ON KNIFE IS EXTREMELY SHARP!
WHAT TO DO
HOW TO DO IT
ADDITIONAL
INFORMATION
UNPACK. ALL PRODUCTS
STOCK SHELVES WITH
PRODUCTS
REMOVE EMPTY
BOXES
Open all boxes using a box
cutting knife.
Being sure to rotate products'
place: New product on shelves
behind or underneath old products.
In walk-in, be sure to change
steak and seafood pans with
fresh ones.
Take boxes out to the compactor.
Be sure not to
damage any stock.
Keep all shelves
neat and organized
to help with
inventory.
If uncertain where
a product goes, ASK
Be sure not to feed
too many boxes into
compactor at one
time.
PERFORMANCE STANDARDS
The task of FOOD STORAGE is considered to be performed well when the employee:
1. Stores food properly.
2. Rotates food.
3. Organizes all shelves neatly:
TRAINING -05TECTIVES
At the end of THREE HOURS training session the employee will be able to:
1. Stores food properly in all areas.
2. Rotates products.
3. Checks quality of products.
•
JOB BREAKDOWN
POSITIONS: COOK
TASKS; PANTRY SET-UP (DINNER) / PROCEDURES & CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: KNIFE, INSERTS AND SCALE
SAFETY PRECAUTIONS: FLOORS SLIPPERY WHEN WET
RIK8
WHAT TO DO
HOW TO DO IT
ADDITIONAL
INFORMATION
PREPARE SANDWICH SIDE
CHECK APPETIZERS
PREPARE SALAD SIDE.
PREPARE DRESSINGS
Slice tomatoes ham, turkey
swiss, and cheddar. Put
mayo, potato salad in
inserts.
Insure enough bread is
available for lunch rush.
Insure you have enough
stuffed mushrooms, B.B.Q.
pork. Escargot Rangoons and
cheese stixs.
Chop celery, and scallions.
Slice mushrooms.
Fill cheese.
Insure you have enough
avocados, tomatoes limes,
lemons, and strawberries.
Insure you have
1 bucket Romain
1 bucket Spinach
1 bucket of Green Leaf
1 bucket of Pasta Cooked
Fill all dressing inserts on
middle part of salad bar.
Keep your area neat
and clean while
working.
Use neat slicer to
cut ham, turkey and
cheese.
For prep procedures
check kitchen
recipe book.
If Pasta bucket is
not full prepare on
buckets worth
following direction,
in kitchen recipe
book.
Dressing is
available in walk
in. If bucket is
empty refill foll-
owing the kitchens
recipe book.
PERFORMANCE STANDARDS
the task of PANTRY SETUP FOR DINNER is considered to be perfoimsd well when the
employes:
1. Has checked and prepped adequate amounts of sliced meats, cheeses, and
tomatos for service.
2. Has cleaned and prepped appetizers and has adequate amount on hand for
service.
3. Has completely set up salad station with greens, dressings, and appropriate
salad garnishes.
TRAINING OBJECTIVES
At the end of PANTRY SET UP FOR DINNER training session the employes will be
able to :
1. Fill all containers on sandwich side with appropriate meat, chess* and
other garnishes.
2. Prep appetizers following standard kitchen recipes.
3. Prep salad station with greens, vegetables, garnishes and dressings.
JOB BREAKDOWN
POSITIONS: COOK
TASKS: HOT SET -.UP / DINNER / PROCEDURE AND CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED:
RIK10
WHAT TO DO
HOW TO DO IT
ADDITIONAL
INFORMATION
PUT INSERT IN TOP
SECTION OF HOT SIDE
STEAKS
CHICKEN & VEAL
BAKER'S
PRIME RIB
Fill with bay shrimp, crab,
scamp, scallops, cod,
stir fry vegetables, and
pasta.
Count your steaks; write the
number on meat chart.
You need New Yorks,10 oz.
Top Sir., 6 oz. Top Sir.,
8 oz. Filet, and 6 oz.
Bottom.
Put your steaks in 400 pan
and put them on the front line.
Pound Veal, 2 pieces of veal
per package; have at least
8 packages and keep in an
insert on front line.
Dice chicken into small bits
and package 5 oz. per pack.
Have at least 18 and keep in
an insert on front line.
Bread 10 chicken breast; keep
them whole. Keep in an insert
on the front line.
Make sure you have ons sheet pan
of potatoes in by 2:30.
Put rib in at 2:30; set oven at
200 degrees and roast for 1 1/2
to 2 hours.
Always maks sure ye
have enough fish
pulled from freeze=
Make sure you have
enough steaks pulle
from freezer.
Potatoes will be
done in ons hour.
WHAT TO DO
HOW TO DO IT
ADDITIONAL
INFORMATION
SAUCES
RIR1O
Make sure you have inserts of:
white sauce, teriyaki sauce,
aujus, clarified butter.
Make rice pilaf if there
isn't any already made.
Make sure you have enough
shellfish chowder and soup
of the day.
Make Hollandaise
sauce.
Make sura you alvay
have butter melted
for Hollandaise
sauce.
If soup is gone, yo
must sake a soup of
your choice.
i
PERFORMANCE STANDARDS
The task of HOT SET - IIP / DINNER is considered to be performed wall when the
employee:
1. Has all steaks, seafood, and poultry items prepared and ready for service.
2. Has vegetables and pasta prepared.
3. Has backup of meats, seafood, poultry, vegetables, and pasta ready if
needed.
4. Is ready -to work by dinner hour (varies).
S. Has prime rib and soup ready for dinner hour.
TRAINING OBJECTIVES
At the end of HOT SET - UP / DINNER training session the employes will be able
to:
1. Have at hand all steaks, seafood, poultry, pasta, vegetables, and sauces
necessary to operate dinner menu.
2. Will be able to set up line coolers with necessary food items.
3. Portion out chicken and veal according to recipes.
4. Bake potatoes and have backup rice pilaf at hand.
JOB BREAKDOWN
RIK14
POSITION: EXECUTIVE CHEF, SOUS CHET
TASK: ORDERING / PROCEDURE & CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: ORDER SHEET OR ORDER GUIDE WITH PAR STOCK
SAFTEY PRECAUTIONS: SLIPPERY FLOORS WHEN WET
WHAT TO DO'
HOW TO DO IT
ADDITIONAL
INFORMATION
TAKE STOREROOM
INVENTORY
TAKE FREEZER
INVENTORY
TAKE COOLER
INVENTORY
TAKE BASEMENT
STOREROOM
INVENTORY
CHECK BANQUET
SHEETS
PLACE ORDERS
Check how many of each item
is in stock - using stock guide,
order necessary amount to bring
inventory up to stock.
Follow same procedrues
Follow same procedures
Follow same procedures
Order necessary items from
Banquet Sheets
Make sure all orders are
placed clearly and accurately.
Be sure if any item is out of
stock that another order is
placed with another company.
Keep in mind day o
week and occupancy
of hotel. If hots
is running a high
occupancy for
several days, you
would order extra
supplies.
EXAMPLE:
Par Stock 560
Inventory 40
Amount needed for
Par Stock 520
Be sure all count
are accurate! Man
times you will- onl
'receive an estisat
for a Banquet
function like 40 t+
45 people. You mu
get an exact count
before you order.
(43 people)
PERFORMANCE STANDARD
The task of ORDERING is considered to be performed well when the employees
1. Takes inventory count from freezer, cooler and both storerooms.
2. Checks Sangeut sheet for additional orders.
3. Orders the correct amount of supply.
TRAINING OBJECTIVES
At the end of ORDERING training session the employee will be able to:
1. Take inventory count from freezer, cooler and both storerooms.
2. Check Bangeut sheet for additional orders.
3. Order the correct amount of supply.
JOB BREAKDOWN
POSITION: SOUS CHEF
TASK: PRODUCT ORDERING, RECEIVING, CHECKING, STOCKING, and ROTATING
CONSIDERATIONS
RIK12
MATERIALS & EQUIPMENT NEEDED: PRODUCE ORDERING SHEETS, BANQUET SHEETS, SPECIA:
ORDER LIST FROM CHEF, BOX CUTTING KNIFE
WHAT TO DO
HOW TO DO IT
ADDITIONAL
INFORMATION
PRODUCE / PRODUCT
ORDERING:
CHECK PAR STOCK,
USING THE AMOUNT
OF PRODUCT IN
INVENTORY. ADD
THE AMOUNT NEEDED
IN ORDER TO BRING
UP THE TOTAL TO
THE PAR STOCK.
ORDER NECESSARY
SUPPLIES
CALL PRODUCE
COMPANY
RECEIVE FOOD ITEMS
CHECK IN
CHECK ITEMS OFF
Take inventory in Walk-in, in
freezer, and in storerooa
Or where otherwise indicated.
Depending on day of week,
write in amount needed to
order.
Call produce company with
the exact order needed.
Give amounts and sizes of
products.
Produce is ordered daily.
Tell them when order is
needed.
Receive invoices from
delivery person.
As items are brought in,
make a check on the invoice
beside the item and the
amount of each item.
If there are any shortage
of products, have the
delivery -man write a credit.
Example: CARROTS
Par Stock 60
Inventory 40
*Amount needed
for Par Stock
20
Follow par stock;
check Banquet
sheets.
For meat items and
seafood, weight the
product to be sure
the proper amount
PERFORMANCE STANDARD
The task of PRODUCT ORDERING, RECEIVING, CHECKING, STOCKING, and ROTATING is
considered to be performed well when the employee:
1. Takes the inventory properly and according to Breakdown.
2. Orders the necessary supplies, according to par value.
3. Orders supplies from the Banquet sheets.
4. Properly checks in food or supplies, ensuring there is no shortage or extr€
stock.
S. Stores food properly putting all items in their designated spot.
6. Rotates food ensuring all old items are used first and produce is fresh.
TRAINING OBJECTIVES
At the end of Two / Three hours total training session, the employes will be
able to: •
1. Takes produce inventory.
2. Orders the proper amount of product.
3. Calls in the order.
4. Stores fcod properly in designated areas.
S. Rotates product properly.
6. Rotates stock in the walk-in ensuring all old items are used first
and produce is fresh.
1
1
WHAT TO DO
2. SIGN INVOICE
aSTOCXING
1. STOCK SHELVES
ADDITIONAL
HOW TO DO IT INFORMATION
1
ROTATE
ROTATE FOOD PROS-
1
REMOVE EMPTY 30X';
1
1
1
1
1
1
1
RIK12
For products delivered list
not ordered, have them pick
up and take back.
Stock all meats and products If you are uncertz
neatly with other items of the where product gee!
same category. ASE::
When putting items away,
always put the newly purchased
items behind or underneath the
items that are already in stock.
While taking produce order rotate
stock ensuring produce if fresh
and the oldest stock is up front.
Take boxes out to compactor.
Only feed a few
boxes into com-
pactor at a time.
When menu items az
incurred, either
items are added oz
taken off, go
through recipes tc
.calculate change it
produce or stock t
b. ordered.
If par stock is hi
use your own
j ud.gement to cut
bacx on items -talo
into consideratior
the season and hose
fast the item is
moving.
JOB BREAKDOWN
POSITIONS: DAY SUPERVISOR/ LUNCH COOK
TASKS; HOT SET-UP / LUNCH / PROCEDURES & CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: SPATULAS & TONGS, WIRE WHIPS,
AND METAL INSERTS.
SAFETY PRECAUTIONS: FLOORS SLIPPERY WHEN WET
RIKS
SAUTE PANS, SPOONS
WHAT TO DO_ . HOW TO DO IT
ADDITIONAL
INFORMATION
INSPECT EQUIPMENT
PREPARE & ORGANIZE
FRONT LINE SET UP
LUNCH SPECIAL
Be sure they are turned on and
the proper temperature is on
4.
DEEP FRYER 350 -
OVEN 350 -
SALAMANDER 400 -
STEM ER PRESET
Check food items needed for
lunch shift.
Make list of what you will need
to prepare.
Food items are stored in Walk in,
Freezer, or Dry Storage.
Check food supplies daily to
Ensure all lunch items are in
insert with back-up on hand
such as:
Stir Fry Veg, Soup of the Day,'
Rice Pilaf, Vag of the Day,
Sauces, & Pasta.
Ensure all lunch items prepared
like garnishes, and inserts ars
ready for service as well as
seafood, burgers, steaks and
common dishes.
Have all items necessary
for specials available,
Check pilot light.
Be sure it is
ignited before
turning on
equipment..
If not up to par
stock be sura you
are able to run
efficient lunch. I
not up to par
prep more food.
Do this on a daily
to ensure all food
is fresh.
Make sura enough
fries, seafood,
steaks, burgers, are
thawed out.
Should be portioned
and prepared ready
WHAT TO DO
HOW TO DO IT
ADDITIONAL
INFORMATION
BREAD SUPPLY
EQUIPMENT & TOOLS
RIK5
usually needs extra veg.
Bread should be readily
available and shelf well
stocked.
Make sure saute pan.
spatula, whip, tongs and
other necessary equipment
is readily available.
•
for service.
Be sure to rotate
bread so you are
using the older
bread first.
Keep Clean.
-
1
•
PERFORMANCE STANDARDS
The task of. HOT SET UP FOR LUNCH is considered to be performed well when the
employees
1. Preps enough food so not to run out during rush periods.
2. Does not overstock items and aids in preventing spoilage.
•
TRAINING OBJECTIVES
At the end of HOT SET UP FOR LUNCH PROCEDURES training session the employee
will be able to
1. Perform job on the line
2. Organize and prepare food to be used during lunch?
3. Have a good idea of prep needed for lunch.
JOB BREAKDOWN
RIK4
POSITIONS: DAY SUPERVISOR / LUNCH COOK
TASKS; RECEIVING AND CHECKING IN FOOD PURCHASES / PROCEDURES & CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: RECEIPT, PEN
SAFETY PRECAUTIONS: FLOORS SLIPPERY WHEN NET
WHAT TO DO
HOW TO DO IT
ADDITIONAL
INFORMATION
ACQUIRE RECEIPT FROM
DELIVERY PERSON
AS PURCHASES ARE
BROUGHT IN, CHECK OFF
ON INVOICE
When orders are received or bs.ing
brought in, ask for receipt from
delivery person.
Be sure every item on receipt
is acquired.
Weigh foods that are purchases
by the pound.
INSPECT ITEMS RECEIVED Make sure purchases are not
damaged or spoiled.
INSPECT PRICES
If a bid sheet has been
offered by a company, make•
sure your receipt has the same
price as the bid sheet.
STORAGE OF PRODUCTS When receiving purchases store
immediately.
If product is on invoice and
has been charged to us and
product is not with delivery
be sure to get a credit slip.
Be sure food veigl
the same as what I
says on the invoic
receipt.
Inspect purchases
insure freshness
Companies usually
have weekly or
monthly bid sheet.
Keep on hand for
inspection.
DO NOT let food
sit out for an
extended period
of time.
PERFORMANCE STANDARDS
The task of RECEIVING AND CHECKING IN PURCHASES is considered to be performE
well when the employee:
1. Accepts orders and inspects produce to insure it is what has been ordered.
2. Inspects for spoilage or damages.
3. All foods are priced correctly.
4. Nothing has not been brought in that was not ordered.
S. Receipts have thoroughly been checked for accuracy.
6. Food is stored immediately upon delivery.
TRAINING OBJECTIVES
At the end of RECEIVING AND CHECKING IN ORDERS PROCEDURES training session the
employee will be able to:
1. Receive all products daily or weekly
2. Stored properly and according to procedures.
3. Check for over charges.
JOB BREAKDOWN RIR3
POSITIONS: DAY SUPERVISOR / LUNCH COOK
TASKS; DEEP FRYER CLEANING AND STRAINING / PROCEDURES & CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: POT OR LARGE KETTLE, WIRE, CLEANING TOWELS,
FILTER CONE & HOLDER
SAFETY PRECAUTIONS: HOT GREASE
WHAT TO DO
ADDITIONAL
HOW TO DO IT INFORMATION
CHECK OIL TEMP. AND
DRAIN
Oil temperature should be on Grease should not bi
pilot position. hot.
Place pot or kettle under
drain valve of fryer; open valve
and drain grease into kettle.
REMOVE FILTER SCREEN If doesn't drain, use wire to
unclog drain.
CLEAN AND SANITIZE
REFILL OIL
STRAIN OIL
Take towel when grease is
drained out and wipe out with
towel. Remove excess grease with
towel.
Use large kettle.
Be careful grease
may then come
rushing out.
Fill fryer with water and about Be sure to close
2 cups of vinegar. Turn fryer drain first.
on to 350 degrees ; bring to a
boil for about 5 min., let cool
and drain. Wipe dry with clean
towel.
Fill fryer with oil to full line; Fryer takes 10-15
put filter screen in. Turn to minutes to WARM up.
ON position; place control at
degrees.
Be sure fryer is in pilot
position and put kettle under
drain.
Do on a Daily Basis
PERFORMANCE STANDARDS
The task of DEEP FAT FRYER CLEANING & STRAINING is considered to be performed
well when the employee:
1. Is able to keep fryer filtered & crease clean and free of food particles.
2. Keeps fryer full of oil to the required line.
3. Pours grease slowly so not to spill over filter cone.
TRAINING OBJECTIVES
At the end of DEEP FAT FRYER CLEANING PROCEDURES training session the employee
will be able to:
1. Use fryer with care and caution.
2. Know how to filter grease in fryer.
3. Refill fryer using same grease
4. How to clean fryer when grease is removed.
5. Change old fat & replace with new oil
6. Position of fryer & temperatures needed when changing and cooking.
7. Maintain grease which is clean and free of food particles.
WHAT TO DO
HOW TO DO IT
ADDITIONAL
INFORMATION
CLEAN & REFILL
TURN FRYER ON
RIK3
Will need filter cone & cone
holder. Placa filter into cone,
put under drain; let grease flow
through filter into kettle.
Discard food material in bottom
of fryer & in cone filter.
Use towel; wipe out and refill
with grease that has been filtered.
Pour slowly so
grease does not
overflow out of
filter cone.
Set grease aside fo:
later use.
JOB BREAKDOWN
POSITIONS: DAY SUPERVISOR / LUNCH COOK
TASKS: STOCKING AND ROTATING INVENTORY/ PROCEDURES & CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: BOX KNIPE
SAFETY PRECAUTIONS: FLOORS SLIPPERY WHEN WET
RIK7
WHAT TO DO
HOW TO DO IT
DITIONAL
INFORMATION
REMOVE ALL CANNED GOODS Use knife to cut boxes open.
FROM BOXES
INSPECT ALL RECEIVED
GOODS FOR DAMAGE
OR SPOILAGE -
ROTATE OLD STOCK
FRESH PRODUCE IN COOL
STORAGE.
FROZEN PRODUCTS
If cans leak, produce is
rotten, frozen foods thawed
out or freezer burned.
These items should not b.
accepted when delivered.
If they are bad have them
returned for credit.
Place new product on back of
shelf, old in front to use
first.
Place fresh produce behind older,
Remove produce from containers
If produce is dirty wash.
If -items are to be stored in the
freezer remove them from boxes
or cases.
Do not use knife 1
box contains plast
containers use haz
or non -sharp item.
Date all food itea
Never place new
product in front
old.
Be sure to read
storage suggestio:
on package.
When washing prod%
.use cold water,
drain and place b:
in storage.
When taking items
out of boxes or
cases be sure to
store them
immediately.
JOB BREAKDOWN
RIX18
POSITION: COOK
TASK: GRILL CLEANING / PROCEDURE & CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: BURLAP SACK, GRILL; BRICK, OIL, SCRUBBER,
GRILL SCRAPER
SAFETY PRECAUTIONS: SLIPPERY FLOORS WHEN WET
WHAT TO DO
HOW TO DO IT
ADDITIONAL
INFORMATION
TURN GRILL DOWN TO
200 DEGREES •
SPREAD OIL ON
GRILL
USE GRILL BRICK
USE GRILL SCRAPER &
BURLAP
Turn thermostat control on
front of grill.
Using a ladle, pour 6 oz. of
griddle oil onto grill and
spread around with spatula.
Using an up and back motion,
with slight pressure on grill
brick. Scrub the grill until
it is clean.
Using scraper, remove all oil
and food from grill - push it
down grease trap. Check trap,
if full or almost full, empty.
Next, use burlap to remove
all excess oil.
Empty grease trap into grease
barrel outside on loading dock.
Wait for grill to
cool down to propel
temperature.
Be sure grill is
covered with oil.
Be careful not to
let grill brick
slip! Use a towel
to keep from gettir.
burned.
Clean scraper off
with burlap when
finished. Be
careful not to bend
Dispose of used
burlap in garbage
can.
Be careful not to
spill grease on
floor surface.
PERFORMANCE STANDARDS
The task of GRILL CLEANING is considered to be performed well when the employe:
1. Turns grill to 200 degrees before cleaning.
2. Uses grill brick and.oil to clean.
3. Uses scraper and burlap cloth.
4. Leaves grill clean and free of grime.
TRAINING 0&TECiIVES
At the end of GRILL CLEANING training session the employee will be able to:
1. Turn grill to 200 degrees before cleaning.
2. Use grill brick and oil to clean.
3. Use scraper and burlap cloth.
4. Leave grill clean and free of grime.
JOB BREAKDOWN RIKRO
POSITION: COORS, PANTRY, BANQUET COOK, PREP COOK
TASK: SLICER CLEANING/ PROCEDURES & CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED GREEN SCRATCH PAD, HOT BLEACH WATER
SAFETY PRECAUTIONS: SHARP CUTTING BLADE
WHAT TO DO
ADDITIONAL -
HOW TO DO IT INFORMATION
UNPLUG SLICER
REMOVE MEAT CARRIAGE Loosen bolts and remove. Be careful of
AND BLADE GUARD. exposed blade.
SET SLICER CUTTING
SELECTOR ON ZERO.
SCRUB SLICER Using bleach solution and
scratch pad scrub slicer.
By setting on zero
this vill protect
your hand when
cleaning.
Be sure to clean all cracks and corners.
Clean under slicer.
GIVE CARRIAGE AND After parts are cleaned by
BLADE COVER TO dishwasher reassemble.
DISHWASHER Insuring all parts are put
correctly back together.
JOB BREAKDOWN
POSITIONS: COOK
TASKS: WALK-IN CLEANING / PROCEDURE AND CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: Broom, Dust Pan, Mop and Bucket
SAFETY PRECAUTIONS: SLIPPERY FLOORS WHEN WET
RIKZS
WHAT TO DO
HOW TO DO' IT
ADDITIONAL
INFORMATION
SORT THROUGH FOOD
FOR SPOILAGE
ICE FISH
FOIL SHELVES
SWEEP
Check food on all shelves in
container to see if any food
has spoiled.
Throw away any spoiled food
found.
Dump out water that is in
fish pans.
Re -ice fish pans and put fish
back on ice.
Re -foil shelves as used. Also,
wipe down food shelves and
walls as used.
Sweep floor in walk-in; be sure
to get under all racks.
Sweep waste in to dust pan and
throw away.
Mop walk-in floor with hot
soapy water; get under all
racks.
If food smells or is
sticky, check with
chef before throwin(
away.
Only in meat walk-
in.
Use cars when mopint
wet floors; can be
very slippery.
PERFORMANCE STANDARDS
The task of WALK-IN CLEANING is considered to be performed well when the
employee:
1. Ras organized the walk-in.
2. Makes sure all products are off the floor.
3. Makes sure shelves ars clean and free of food particles.
4. Sweeps and mops floors.
S. Checks food in walk-in for spoilage.
6. Ices down fresh fish.
7. Changes dirty pans and re -foils shelves.
TRAINING OBJECTIVES
At the end of WALK-IN CLEANING training session the employee will be able to:
1. Straighten and organize shelves.
2. Mix the proper chemical solutions.
3. Clear walls and shelves.
4. Sweep and mop the floor.
JOS BREAKDOWN
RI126
POSITIONS: COOS
TASKS: MEATS, CHEESE, AND DRESSINGS PREP / PROCEDURE AND CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: SLICER, SARAN WRAP
SAFETY PRECAUTIONS: TARE CAUTION WHEN CLEANING SLICER; SHARP SLAM
WHAT TO DO
HOW TO D0- IT
ADDITIONAL
INFORMATION
SWISS
HAM
BLUE CHEESE
THOUSAND
RANCH
FRENCH
ITALIAN
ADDITIONAL SPECIAL
DRESSINGS
Put block of cheese on slicer.
Set slicer to 7 or St turn on.
Slice 12 to a pack.
Wrap with Saran.
Place in fridge.
Clean slicer
Place ham on slicer.
Set slicer to 7 or Si Turn on.
Slice 12 to a pack.
Wrap with Saran.
Place in fridge.
Clean slicer.
Follow instructions on recipes.
Placa in bucket with lid.
Label and date all dressings.
Put.away in fridge.
Cheese should not
neigh more than 1
oz. per slice.
Always check your
date for spoilage.
WHAT TO DO
ADDITIONAL
HOW TO DO IT INTONATION
EGGS CHARD BOILED)
RIM 6
Place eggs in steamer.
Set steamer for 20 min.
Placa in cold water immediately
atter cooking.
Shall eggs.
Label and date.
Stora in fridge.
Always check date
for spoilage.
PERFORMANCE STANDARDS
The task of MEATS, CHEESE, AND DRESSING PREP is considered to bt performed vel:
when the employee:
1. Preps meat, cheeses, and dressing folloiinq job breakdown.
TRAINING OBJECTIVES
At the end of FATS, CHEESE, AND DRESSING PREP training session the employes
will be able to:
1. Preps meat, cheeses, and dressing following job breakdown..
JOB BREAKDOWN RIR29
POSITIONS: BREAKFAST COOK
TASKS: COLD SET-UP
MATERIALS & EQUIPMENT NEEDED:
WHAT TO DO
ADDITIONAL
HOW TO DO IT INFORMATION
MOVE INSERTS OF
BREAKFAST ITEMS FROM
THE WALKIN
RZMOVE ONE INSERT OF
GREEN LEAF LETTUCE
REMOVE THREE TO FOUR •
FLATS OF EGGS
REMOVE FRESH FRUIT
"Arrange these items
to your preference on
counter top and in
cold table:
Pancake batter
Egg batter
Cinnamon and nut rolls
Bran and blue muffins
Hashbrowns
Prepared strawberries
Peaches
Hollandaise sauce
Dice up fresh fruit Wooden bowls ars
best to store is
PERFORMANCE STANDARDS
The task of BREAKFAST COOK is considered to be performed well when the
employee:
1. Sats up lines up within 10 minutes.
2. Has preparation for breakfast done before opining.
3. Cooks orders quickly.
4. Has good plate presentation.
TRAINING OBJECTIVES
At the end of BREAKFAST COOK training session the employes will be able to:
1. Prepare orders quickly.
2. Set lines up quickly.
3. Read tickets quickly.
4. Be able to understand tickets.
S. Think consciously when problem arises.
JOB BREAKDOWN
POSITIONS: BREAKFAST COOK/ HOT SET-UP
TASKS: HOT SET-UP / BREAKFAST / PROCEDURES S CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED:
RIK27
WHAT TO DO
HOW TO DO IT
ADDITIONAL
'INFORMATION
TURN ON CONVECTION
TO 350
TURN STEAMER ON TO
MEDIUM
PLUG IN WAFFLE IRON
TURN ON TOASTER
TURN GRILL TO HIGH
TURN ONE SIDE OF
BROILER ON
TURN ONE STEAM TABLE
HOLE ON
PUT POT FOR POACHED ON
TURN ON BURNERS
PAN UP YOUR BACON AND
SAUSAGE
FILL INSERTS
' Turn on gas knob, than
thermostat knob
Turn on knob to medium
Plug in to outlet
Turn on counter clockwise .
Turn on counter clockwise
Turn on counter colckwise
Turn on knob to medium
Fill pot full of water and
place on simmering heat
Cook halfway on shest pans
Bs sure breakfast items are
vell stocked.
Check breaker if
fan does not go on
Check to make sure
unit is plugged in
May need to light
unit manually
check to see if
plugs in
Pilots may be out,
you may have to
light manually
You need to reheat
as you get orders
PERFORMANCE STANDARDS
The task of BREAKFAST COOK is considered to performed well when the employes:
1. Sets lines up within 10 minutes.
2. Has preparation for breakfast done before opening.
3. Cooks orders quickly.
4. Has good plate presentation.
TRAINING OBJECTIVES
At the end of BREAKFAST COOK training session the employee will be able to:
1. Prepare orders quickly.
2. Set the lines up quickly.
3. Read tickets quickly.
4. Be able to understand tickets.
5. Think consciously when problem arises.
JOB BREAKDOWN RIX3O
POSITIONS: BREAXFAST COOK
TASKS: FINAL SET-UP
MATERIALS & EQUIPMENT NEEDED:
WHAT TO DO BOW TO DO IT
ADDITIONAL
INFORMATION
GET OUT YOUR OMELET
PANS AND EGG PANS
GET OUT A 4" HOTEL PAN Place' in steam table
WITH A 4" HOLEY HOTEL
PAN
GET OUT:
RUBBER SPATULA
HOLEY SPOON
GRILL SPATULA
POT OF GRILL FRY
PERFORKANC2 STANDARDS
The task of BREAKFAST COOK is considered to performed well when the employes:
1. Sets lines up within 10 minutes.
2. Has preparation for breakfast dons before opening.
3. Cooks orders quickly.
4. Has good plate presentation.
TRAMMING OBTECTIVZS
At the and of BREAKFAST COOK training session the employee vill be able to:
1. Prepare orders quickly.
2. Sat up lines quickly.
3. Read tickets quickly.
4. Be able to understand tickets.
PERFORMANCE STANDARDS
The task of SLICER CLEANING is considered to be performed vel]. when the
employee:
1. Safely cleans slicer insuring slicer is free of food particles and not.
sticky.
2. Cleans area around meat slicer.
3. Puts slicer back together correctly.
TRAINING OBJECTIVES
•
At the end of SLICER CLEANING (1hr) training session the employee will be able
to:
1. Take apart the meat slicer and put it back together properly.
2. Clean slicer insuring all part ars fres of food and grease.
JOB BREAKDOWN
POSIT±ONS: COOK, PANTRY COOK
TASKS: PANTRY SET-UP / LUNCH / PROCEDURE AND CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: KNIVES, INSERTS
SAFETY PRECAUTIONS: SLIPPERY FLOORS WHEN WET
RIR22
WHAT TO DO --
HOW TO DO IT
ADDITIONAL
INFORMATION
CHECK PANTRY TO
BE STOCKED
LUNCH
Check each item.
Fill items needed.
Place food in clean insert
as needed.
Set up all equipment needed.
After order is placed, prepare
dish according to recipe.
Place in required dish.
Always present food to look
vary appetizing.
Continua with next order.
Wipe clean in between orders.
After lunch, do your required
clean up for on -cooing shift.
When stocking area,
be prepared and has
enough food to Iasi,
through lunch.
Always be fast and
efficient.
PERFORMANCE STANDARDS
The task of PANTRY SET-UP / LUNCH is considered to be performed well when the
employee:
1. Has fully stocked station and is ready for lunch.
TRAINING OSTECTiVES
At the end of PANTRY SET-UP / LUNCH training session the employee will be able
to:
1. Fully stock station and be ready for lunch.
f
JOB BREAKDOWN RIKZ3
POSITIONS: COOK, PANTRY COOK
TASKS: PRODUCE PREP / PROCEDURE AND CONSIDERATIONS
MATERIALS & EQUIPMENT NEEDED: KNIVES, SINKS, WATER
• SAFETY PRECAUTIONS: SLIPPERY FLOORS WHEN WET
WHAT TO DO
HOW TO DO IT
ADDITIONAL
INFORMATION
ICEBURG
LEAF LETTUCE
SPINACH
ROMAIN
Cors lsttuca
Cut lettuce in bite size pieces clean.
Put in sink with nater
Add Vsq-O-Ready
Soak for a while and drain
Put away in fridge
Make sure lettuce
Cut core off
Place in sink with nater
Changs sink with clean water
Repeat procadure until cleaned
Drain
thoroughly.
Put away in fridge
Cut ends off
Put in sink with eater
Change sinks with clean water
Repeat procedure until clean
Drain
Put away in fridge
Cut cors off
Cut into bits size places
Put into cold vat=
Rinse until clean
Drain
Put away in fridge
Always use cooled
water for produce.
Check for long stir
and break off.
Always check for
bugs.
YAKIMA
CONVENTION
CENTER
This survey is designed to ensure that your
needs are being met at Yakima Convention
Center.
Name of Association:
Your NamefTitle:
Did our facility meet your needs? Any sugges-
tions?
Were you satisfied with our catering service? What did you like most about the Yakima
Any comments? Convention Center?
Were you pleased with the help of operations Please provide suggestions for improving out
personnel? services.
Yes No _ •
•Was equipment satisfactory for your needs — IrsankyonfoP tris information.
sound system, lighting etc.? .Let to know iftrot can sers,e you
sni.gain.
YAKIMA CONVENTION •
CENTER
10 North 8th Street
Yakima. WA 98901
(509) 575.6061
c
c
Ct
2
t
c
3
ADDENDUM M
(Exclusive Catering, Concession and Vending Rights)
(Page 39, E)
It is understood that M and M Catering Service will provide, food, beverage and related sales
and operates as a seperate division of the Goodale and Barbieri Company. Other divisions, such
as Cavanaugh's inns are not to be covered on this catering contract.
ADDENDUM N
(Right of Entry and Use)
(Page 42, 13, B)
Due to the high dollar value of the inventories and equipment, we respectfully request that
access into areas occupied by the Contractor be limited to an exclusive limited list of personnel,
to be agreed upon by the Owner and Contractor. We request to be notified prior to any access.
ADDENDUM 0
(Operating Conditions)
(Page 42, D)
The contractor realizes the owners need to track out of building sales. We will report all sales
in the County of Yakima related to M- and M Catering Service.
However, the two day written approval request is unreasonable and unattainable with such events
such as funerals and last minute functions. We request this requirement to be amended to a
weekly events schedules which is available upon request.
EQUIPMENT LIST
2 1 Lot Wire Shelving for Storage
3 1 Lot Wall Mount Shelving - South Store Room
4 6 Heated Dish Cart Storage
7 1 Lot Free Standing Storage on Casters (South Store R
9 2 24 X 6 Ft SIS Worktable W/ Undershelves & Ca
13 1 Lot Wire Shelving for Storage
14 1 Wall Mount Hand Sink
16 2 12in X 5ft S/S Overshelf
19 1 Maple Top Chef Bakers Table
21 1 Proofer/Heated Cabinet
23 2 3 X 6ft S/S Worktable W/Undershelf & Caste
24 1 Open Burner Range - 6
31 12 Banquet Carts (5 new)
32 1 Existing Tilting Kettle - Replaced w/ new
35 1 Steamers
40 1 Food Warming Carts (Changed 3 to 1)
42 12 14in X 6ft S/S Overshelf
43 5 14in X 5ft S/S Overshelf
45 1 Lot Wire Shelving for Cooler on Casters
50 1 Mop Sink
51 Shelving for Janitors Closet
52 1 Hand Sink
53 1 Glass Filler
54 3 Fill faucet 8" Centers
56 1 Security Cart
57 1 Compartment Sink
58 10 Portable Glass Rack Storage
59 1 Hobart Mixer
60 10 Rolling Salad Carts
61 3 Cook -N -Hold Ovens (stacked)
63 1 Walk -In -Cooler (North)
68 1 Walk-In-Cooler/Freezer Box (Kitchen Replacemen
69 3 Trash Container W/Cover
70 1 Lot Wire Shelving For Cooler
71 1 Lot Wire Shelving For Storage
72 1 *Bakers rotary Oven - Repair
75 1 24in X 9ft S/S Worktable W/Undershelf
82 2 Ice Cuber Head
83 2 Ice Bin (760 LB)
84 1 Hydraulic 20 yd Trash Compactor
86 1 Lot Wire Shelving for Freezer
87 1 Equipment installation and delivery (total all boxes
88 1 Lot Wire Shelving for Freezer on Casters
89 1 Conveyor Dishwasher
Tax
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1,096
2,928
9,000
6,400
1,612
2,500
356
360
704
2,000
1,920
2,376
18,850
10,180
17,250
3,596
2,305
1,000
1,950
350
344
97
275
294
4,188
414
2,456
6,000
5,000
19,500
9,100
25,000
246
4,300
360
5,000
1,076
11,800
2,704
12,000
3,000
3,500
1,215
34,135
20,478
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COPYRIGHT RESERVED. ALL PARTS OF is
THIS DRAWING ARE THE EXCLUSIVE r.
PROPERTY OF TRAHO INC. ARCHITECTS
AND SHALL NOT BE USED OR REPRODUCED
IN ANY WAY WITHOUT THE EXPRESSED
WRITTEN PERMISSION OF TRAHO INC.
ARCHITECTS.
DATE:
JOB NO. ai
SCALE:
:SHEET NUMBER