RFP FOR YEAR-ROUND FOOD & BEVERAGE SERVICES · provide year-round catering food & beverage services...

Year-Round Catering Services

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This RFP is official notice that the Commission is seeking proposals from Prospective Caterers to

provide year-round catering food & beverage services and related capital needs in designated

Space(s) at the Indiana State Fairgrounds.

Issuer Indiana State Fair Commission (the “Commission”)

Document Type Request for Proposal (“RFP”)

Issue Date April 13, 2017

Services Sought Year-round Catering Services for the Indiana State Fairgrounds (excluding

the Indiana Farmers Coliseum)

Initial Term July 1, 2017-October 31, 2020

Renewal Term Option to renew two (2) additional 3- year periods

Key Dates Information Session & Site Tour: Wednesday April 26, 2017 –

Administration Building.

Submission Deadline: May 4, 2017 at 3:00 PM EST

Selection of Caterer: On or before June 1, 2017

Submission

Requirements

Deliver three (3) hard copies by 3:00 PM EST on May 4, 2017 to:

Indiana State Fair Commission

Attn: Contracts Office - Administration Building

RE: RFP-SER201700043

1202 East 38th Street

Indianapolis, IN 46205-2869

Responder

Qualifications Experience in similar facilities

Continuous operations for past five (5) years

Sound financial performance for past three (3) years

Qualified to do business in the State of Indiana (or ability to meet

criteria within forty-five (45) days)

No substantive health code, safety, or legal citations or convictions

within past three (3) years

Evaluation Criteria Financial Offer/Expected Profits (30%)

Operations/Staffing Plan and Equipment Plan (20%)

Financial Qualifications, Past Experience, References (20%)

Unique/Distinctive Offerings(20%)

Previous relationship with the Indiana State Fair Commission (10%)

Questions/

Additional

Information

The Commission will receive pre-bid questions via email only at

[email protected] until 4:00 PM, Thursday, April 27, 2017.

The Commission reserves the right to hold further discussions for the

purpose of clarification to assure full understanding of and

responsiveness to this RFP.

REQUEST FOR PROPOSAL

YEAR-ROUND CATERING SERVICES

FOR THE

INDIANA STATE FAIR COMMISSION

RFP-SER201700043

mailto:[email protected]


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General Information and Projected Attendance

The Indiana State Fairgrounds hosts more than two million visitors per year during more than

300 events, including the 17-day Great Indiana State Fair which has an average attendance of

over 850,000. The Indiana State Fairgrounds is situated at one of the busiest intersections in

Indianapolis, the nation's 13th largest and the Midwest's 2nd largest city, and is within a day's

drive of half of the U.S. population.

The following exhibits provide additional information1:

Exhibit A – 2014, 2015, and 2016 Sales History

Exhibit B – Catering Location Map and Fairgrounds Map

Exhibit C – Terms & Conditions2

1 All information is provided without warranties as to accuracy or reliability; actual results may vary and will not

impact Caterer's rights and obligations. 2 Also see Section 10 – Acceptance of Terms & Conditions


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Goal of RFP

The Commission is dedicated to providing a safe environment, quality service, and engaging

programming and strives to exceed customer expectations in every aspect of its operations. As

such, the Commission actively seeks partners with this same commitment.

This RFP is designed to allow Prospective Caterers the greatest degree of creativity in meeting the

requirements of the Commission and its patrons. We want your vision, your experience, and your

partnership to exceed customer expectations and maximize profits. The Commission requests

Prospective Caterers to carefully review all aspects of the Indiana State Fairgrounds & Event

Center's food and beverage operation prior to making recommendations. Prospective Caterers are

encouraged to propose improvements that increase customer satisfaction and profits.

Alcohol Sales and Exclusive Rights

The Commission has an active three-way liquor license3 (for beer, wine and spirits) and

Prospective Caterers shall be permitted to use this license.4

Prospective Caterers must work with the Beverage Management provider for the

Commission in order to be permitted to use the Commission’s liquor license.

Pepsi is the exclusive soft drink of the Indiana State Fair and Indiana State Fairgrounds.

Prospective Caterers shall comply with other exclusive rights and/or sponsorships as

may be negotiated by the Commission.

[The remainder of this page is left intentionally blank.]

3 A 3rd Party manages the Commission's Alcoholic Beverage Permit and Prospective Caterers will work through that

entity for sales of alcohol. 4 Use of the liquor license shall require strict management policies and employee training/certification.


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*RFP Response Structure & Process*

Prospective Caterers must submit proposals that are complete, thorough and accurate. All

information requested must be submitted, or alternatively, a statement giving the rationale of the

Prospective Caterer for not submitting requested information must be provided. The Commission

will, if determined to be in its best interest, take such statements into consideration in determining

the responsiveness of the proposal.

All proposals shall contain the following sections:

Section 1 – Identifying Information

Section 2 – Letter of Transmittal

Section 3 – Executive Summary

Section 4 – Financial Qualifications

Section 5 – Qualifications/Experience

Section 6 – References

Section 7 – Operations/Staffing Plan

Section 8 – Equipment Plan

Section 9 – Financial Offer

Section 10 – Acceptance of Terms &

Conditions

Section 1: Identifying Information

Name, address (principal place of business), and telephone number of legal name of

Catering Company.

Name and title of officers (President, Vice President, Treasurer, Chairperson of the Board

of Directors, etc.)

Prospective Caterer's legal status (e.g., corporation, limited liability company) and year

entity was established

Prospective Caterer's Federal employer ID number

Primary contact's name, address, email address, work phone number and cell phone

number (for RFP and negotiations)

Statement whether Prospective Caterer or controlling interest is being actively offered for

sale or transfer

Section 2: Letter of Transmittal

The Letter of Transmittal is a letter from the Prospective Caterer prepared in standard

business format

It should be brief, signed by a person authorized to commit the Prospective Caterer to

perform the work included in the proposal, and should identify all materials and enclosures

presented in response to the RFP

Section 3: Executive Summary

The Executive Summary is a high-level description of the Prospective Caterer's ability to

meet the RFP requirements presented in three or fewer pages


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Section 4: Financial Qualifications

Current audited financial statements for the Prospective Caterer's most recent three (3)

fiscal years, including balance sheet, income statement and statement of cash flow

A description of the Prospective Caterer's financial condition, including ability to provide

proposed capital investment

A statement of continuous operations for past five (5) years (may be from financial

institution or accounting firm)

Section 5: Qualifications/Experience

Provide pertinent information regarding Prospective Caterer's background, expertise and

qualifications to accomplish all tasks set forth in this RFP including Prospective Caterer's

general reputation for performance and service (supporting documentation is appreciated)

Provide list of all other arenas, fairgrounds, convention centers, performing arts theaters,

and/or other comparable venues that Prospective Caterer serves or has served, including

detailed information (e.g., facility name, primary contact, physical address, telephone

number, email address, length of service, size of venue, number and type of events, annual

sales, per capita spending and attendance)

Describe Prospective Caterer's experience in public assembly facilities

Provide evidence of no substantive health code, safety, or legal citations/convictions within

past three (3) years

Provide evidence that Prospective Caterer is qualified to do business in Indiana (or detail

plan to become so within forty-five (45) days of selection)

Section 6: References

Provide three (3) or more facility references, including facility name, primary contact,

phone number, email address, and brief description of services provided

Section 7: Operations/Staffing Plan

Provide a table of organization chart, which shall outline the duties and reporting

relationships for on-site personnel and management (identifying full time positions and

hourly positions) and next senior level of off-site management, if applicable.

Provide staffing plan for on-site management on event days

Specify proposed on-site Catering Manager5 and describe prior positions, food service field

performance record, and pertinent qualities/strengths

Outline current personnel policies

The Prospective Caterer will describe any training programs used to train both full time

and part time employees. The Prospective Caterer shall be required to conduct regularly

scheduled training classes for all employees in accordance with a schedule that is

approved by the Commission and, with respect to Events. Such training shall consist of

customer service training, alcohol awareness, specialized position skills training and any

other specialized service that may be required from time to time.

5 The Commission reserves the right to be included in the selection process for the Catering Manager.


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Include a conceptual staffing matrix for catering operations, which depicts the staffing

guidelines (e.g. 1 catering server per 20 attendees)

Sample menus including pricing (food and beverage, staffing, flatware and dishware,

taxes and gratuities, and any other applicable expenses) for the following:

Plated wedding for 200 people

Plated fundraising dinner for 300

Buffet lunch at seminar for 150

Private party for 50 people or less

Provide detailed approach to soliciting and booking new events at the Fairgrounds

Describe menu boards, decor/graphics and design concepts for events

Describe payment forms accepted and accounting policies/procedures

The Prospective Caterer shall utilize state of the art, as determined from time to time by

the Commission, POS devices or other computerized terminals at all cash bar locations.

Please describe the devices to be used.

Propose performance standards and measurement metrics (e.g., customer surveys)

The Prospective Caterer should provide examples of where the Prospective Caterer has

grown catering services

The Prospective Caterer shall provide samples of event information, recaps, daily and

monthly statements and the like to be furnished to the Commission during the term of the

Agreement.

The Prospective Caterer shall utilize email and other communication tools, as determined

by the Commission, to send and receive information, including but not limited to

meetings, event schedules, and financial records.

Commission’s Reservations concerning Food and Food Services. Notwithstanding the foregoing

there is hereby reserved to Commission the right to allow the users of the Facility to:

bring their own light Refreshments for consumption at the Facility;

provide backstage catering for events at the Facility;

prepare and serve, at no charge, food items as part of a food show, exhibit, or conference

at the Facility; and

sell or allow the sale, through third-party vendors, of cotton candy and snow cones at all

circus, ice show and similar multi-performance family shows. Contractor shall not sell

these items at such events.

Alcohol Service. Contractor agrees to adhere to the requirements for alcohol service per the

Commission’s Beverage Management provider. It is expressly agreed that Commission reserves

the right to limit at any time, and from time to time, the sale of alcoholic beverages at the Facility

during any event, using its reasonable discretion based upon the type of event and whether the

sale of alcoholic beverages is customary or appropriate for such event. It is expressly agreed

that such reservation of right shall extend to, and include:

the right to limit the type (but not the brands) of alcoholic beverages sold;


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the locations where alcoholic beverages are sold;

the per-person, per-sale quantity of alcoholic beverages sold; and

the time periods during which such beverages may be sold, including a complete

prohibition on the sale of alcoholic beverages at any catered event or concession event.

In addition, it is expressly agreed that the Commission reserves the right, in the exercise of its

reasonable discretion and without any assumption of liability, to approve Prospective Caterer’s

procedures or to require Prospective Caterer to implement any procedure specified by the

Commission for determining and/or verifying the legal drinking age of patrons of the Facility

who consume alcoholic beverages.

The Commission reserves, all rights, duties, and benefits of the management, occupancy,

operation and exploitation of the facility not granted to the Prospective Caterer, including

without limitation:

all advertising rights in, to, or about the Facility;

all parking rights;

the use of all space, unless otherwise permitted in writing; and

all other rights of the Commission not expressly granted to Prospective Caterer

Without limiting the rights of the Commission, in the event that the Commission has the

opportunity to contract the use of the facility for unique events including, without limitation,

NCAA tournaments/playoffs, other amateur collegiate or professional league playoffs or other

special events, exhibition, sporting or unique national or international events such as Olympic

competitions and festivals, the Prospective Caterer agrees to fully cooperate with the

Commission to enter into any written amendments to the contract, the terms of which are to

be fair and equitable to both parties, that may be required to provide as an inducement to

obtain such event for the facility. The Prospective Caterer and the Commission acknowledge

that such inducements are often necessary and would be in the best interests of the

Commission, the Prospective Caterer and the facility in order to obtain such events.

Section 8: Equipment Plan

Provide detailed equipment schedule, plan, and expected cost by area/function, including

but not limited to kitchen, mobile equipment, menu boards, decor/graphics, point of sale

systems, small wares, and other such equipment required to provide services

Refer to Exhibit B – for catering location and fairgrounds map


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Section 9: Financial Offer

Fill in only to the extent an item applies to Prospective Caterer's proposal and submit the

form below:

Item Amount/Percentage

Upfront Payment $

Annual Payment $

Primary Commission Rate6 %

Primary Commission Threshold7 $

Secondary Commission Rate %

Secondary Commission Threshold $

Space Rental (per sq. ft./per year) $

Equipment8 $

Capital Improvements $

Some categories above may be left blank

Section 10: ACCEPTANCE OF TERMS & CONDITIONS

• Please return a copy of the Terms & Conditions (Exhibit C) initialed at the bottom of each page

• Please fill in contact information on Page 18• Please provide the Signature/Printed Name/Title of the Individual Providing Authorized

Initials on Page 18

RFP Response Process

1. Before submitting a proposal, each Prospective Caterer shall make all investigations and

examinations necessary to ascertain conditions, requirements, and obstacles, if any exist,

affecting the operation of the proposed services and the amount and nature of each

Prospective Caterer's proposal. Failure to make such investigations and examinations

shall not relieve the Prospective Caterer from the obligation to comply, in every detail,

with all provisions and requirements of this RFP, the Catering Contract or any associated

documents, nor shall it be a basis for any claim whatsoever for alteration in any term or

payment required by the Catering Contract.

2. If a Prospective Caterer believes it has identified any potential ambiguity, conflict,

discrepancy, omission or other error in the RFP, the Catering Contract or any associated

documents, it shall immediately notify the Contracts & Written Agreements Office

([email protected]) of such error in writing and request modification or

clarification of the document in question. No allowance will be made after proposals are

received for oversight, omission, error or mistake by Prospective Caterer.

6 Commissions shall be calculated on gross sales after subtracting applicable sales tax. 7 For instance, a Prospective Caterer may propose X% for sales up to $100,000.00 and Y% for sales above

$100,000.01. 8 As set forth in Section 8: Equipment Plan.


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3. All proposals and any accompanying documents become Commission property and will

not be returned.

4. The Commission will not be liable in any way for any costs incurred by a Prospective

Caterer for its proposal, presentation, discussions, and/or negotiations in response to this

RFP.

5. The Commission reserves the right to withdraw this RFP at any time and for any reason,

to reject all proposals, to contact and hold discussions with responsive Prospective

Caterers to clarify responses to this RFP, and to issue such clarifications, modifications

and/or amendments as it may deem appropriate.

6. The Commission reserves the right to waive minor irregularities in proposals, provided

that such action is in the best interest of the Commission. Any such waiver shall not

modify any remaining RFP requirements or excuse the Prospective Caterer from full

compliance with the RFP specifications and other Catering Contract requirements if the

Prospective Caterer is awarded the Catering Contract.


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ACCEPTANCE OF PROPOSALS

The Commission shall accept for consideration all proposals properly submitted. All proposals

shall be valid for ninety (90) days from the proposal submission date. Late proposals shall not be

accepted.

Review of Proposal and Selection of Caterer

Award shall be made to the responsible Prospective Caterer whose proposal, in the Commission’s

sole opinion, best meets the Commission’s requirements. The Prospective Caterer awarded the

work will then negotiate, in good faith, a Catering Contract with the Commission. In submitting

a proposal, a Prospective Caterer agrees and acknowledges that a valid and enforceable Catering

Contract exists only after a Catering Contract has been fully executed between the parties and has

been approved by the Commission.

Presentation

Upon selection, one or more Prospective Caterers may be asked to present to the Commission.

This presentation will include a proposal summary, question and answer session, and sampling of

menu options. Prospective Caterers may be requested to share additional information. All

Prospective Caterers shall receive fair and equal treatment with respect to any opportunity for

discussion and revision of proposals; revisions may be permitted after proposal submissions and

prior to award for the purpose of obtaining best and final offers.

Contract Development

The Commission reserves the right to negotiate further with one or more Prospective Caterers. The

RFP and Prospective Caterer's proposal shall become an integral part of the Catering Contract, but

may be modified by the provisions of the Catering Contract.

By submission of proposals pursuant to this RFP, Prospective Caterers agree any

information provided either their proposal or subsequently during the selection process shall

be included in the Catering Contract. Submitting a proposal in response to this RFP is an

offer to contract with the Commission based upon the terms, conditions, scope of work and

specifications contained in this RFP.


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Additional Information and Expectations

The Commission shall have the right to determine the following:

Types of products that are offered for sale by the Prospective Caterer

Retail pricing for products offered for sale by the Prospective Caterer

Type, size and location of portable stands

Specific locations in which alcohol beverages may be sold

Brands, portion size and quality of products offered for sale by the Prospective Caterer

Approval of other locations, than contracted Space(s), on the Fairgrounds where

catering may be provided

Inspection of facilities

Preferred vendors including event decorators, ISFC sponsor agreements (i.e. Pepsi), etc.

Number of employees required to perform catered events

Uniform design

Approval of subcontractors

Placement of advertising within the Facilities

Suppliers and contractors that are used to provide goods and services required under the

Agreement

If or when other caterers may operate on the fairgrounds

Facilities, Equipment and Small Wares

1. Prospective Caterers will be able to make a capital investment, referred to as “Equipment

Improvements,” with the goal of (a) increasing Gross Receipts, (b) improving quality of

product and (c) increasing the level of service to patrons. Caterers are required to submit

with their proposal a detailed schedule of their proposed capital investment in facility

improvements, equipment and small wares.

2. The Prospective Caterer shall be required to maintain and repair all Equipment and

Licensor Equipment within the Facilities, and their adjacent areas including, but not

limited to, bars, pantries, storage and other kitchens and storage areas.

3. The Prospective Caterer shall be required to maintain par levels of Smallwares, which are

subject to the advance approval of the Commission.

4. The Prospective Caterer agrees to maintain food and beverage facilities at its’ own

expense. Any expansion, improvements and damage to facilities are the responsibility of

the Prospective Caterer. All improvements/and or repairs are subject to Commission

approval.

5. Any cost of repair or replacement of Licensor Equipment, or any Equipment provided as

part of the Prospective Caterer's Investment, or any other equipment located within the

Facilities, which is a direct result of operator intentional or negligent acts or omissions, is

the responsibility of the Prospective Caterer.

6. The Prospective Caterer agrees to have only necessary equipment on site for work

performed for the ISFC and its’ clients. Unnecessary equipment shall be removed and is

subject to fines for prolonged unauthorized storage.

7. Ownership of the Equipment Improvements shall transfer to the Commission at the end of

the Initial Term.


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8. If the Catering Contract is terminated before the Initial Term, the Commission will require

the successor Caterer to pay Prospective Caterer the unamortized balance of the Equipment

Improvements for a cash price equal to the cost of the total expenditure, net of accumulated

depreciation. The investment shall be amortized on a straight-line, monthly basis of sixty

(60) months commencing upon purchase or date of installation whichever is the latter. At

the expiration of sixty (60) months a zero balance will be assigned to the net book value of

facility improvements, equipment and small wares. At the expiration or termination of

Catering Contract, all facility improvements and equipment shall be operational and in

good condition, normal wear and tear excepted.

9. At the end of the term or upon termination, Prospective Caterer shall return all

Commission-owned equipment in good condition, normal wear and tear excepted.

Prospective Caterer and Commission shall jointly conduct a closing inventory and shall

document any damaged and/or missing equipment. Prospective Caterer shall be

responsible for replacing any missing equipment at Prospective Caterer's expense.

Prospective Caterer shall be responsible for any loss or damage to property of Commission

which results from the acts or omissions of Prospective Caterer, including, without

limitation, failure on the part of Prospective Caterer to maintain and administer that

property in accordance with sound management practices and manufacturer’s

recommendations.

10. Prospective Caterer shall post and display all menu items and prices for all permanent and

portable stands. All signs must be consistent with Indiana State Fairgrounds & Event

Center graphics and must be Commission approved.

11. The designated spaces pertinent to Prospective Caterer's operation are as follows:

a. Kitchen Area

b. Storage/Cash Handling Room/Commissary

Financial Provisions

Prospective Caterer shall charge backstage sales as “at cost” whenever such services are performed

following a written authorization of the Commission. Prospective Caterer shall provide catering

services to the Commission “at cost” plus ten percent (10%). No commission shall be owed to the

Commission for its’ own events including but not limited to board meetings, staff luncheons, etc.

Prospective Caterer shall submit to the Commission on or before the 15th of each month during

the term of the Catering Contract an accounting of Gross Receipts and Net Profits during the

previous calendar month showing the amount and source of each category of Gross Receipts.

Prospective Caterer will produce a Flash Report by 12:00 PM EST the day following an event.

The Flash Report shall include basic information regarding the returns from the event.

Operational Provisions

1. Prospective Caterer will operate within the spaces designated for the purpose of the sale of

food and beverage products in a manner that maximizes the convenience and safety of the

public, patrons, performers and show management during Indiana State Fairgrounds &

Event Center events and at such other times as shall be required by Commission.

2. Subject to the Commission’s approval, which shall not be unreasonably withheld,

Prospective Caterers may provide off-premises catering.


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a. If Prospective Caterer utilizes fairgrounds property for off-site business, including

but not limited to catering, concessions, equipment repair, equipment storage etc.,

then Prospective Caterer acknowledges there will be a monthly rental fee associated

for such use.

b. Prior written approval from the Commission is required. Depending on the nature

of business, a separate agreement may be required.

3. All Prospective Caterer's employees shall be attired in uniforms that properly identify

Prospective Caterer. The design of such uniforms shall be subject to Commission approval.

All uniforms shall be maintained in a neat and clean manner.

4. All Prospective Caterer’s employees shall complete the necessary food safety, alcohol, and

customer service training.

5. Commission shall have the right to require any of Prospective Caterer's employees to

permanently leave the Indiana State Fairgrounds & Event Center’s premises when such

action is in the Commission's best interest and does not conflict with applicable law.

6. Prospective Caterer shall employ and compensate its own employees, and all said

employees shall meet RFP and Catering Contract requirements. The employees shall be

neat and clean in appearance and courteous towards the patrons, the public and their fellow

employees. All Prospective Caterer's employees shall enter and leave the Indiana State

Fairgrounds & Event Center via Commission-designated entrance(s). The Commission

reserves the right to bar any individual from entering the Indiana State Fairgrounds & Event

Center. Prospective Caterer's employees are prohibited from drinking alcoholic beverages,

using narcotic substances, or smoking in undesignated areas of the Indiana State

Fairgrounds & Event Center; infractions will cause immediate removal.

7. Prospective Caterer shall not subscribe to any personnel policy which permits or allows for

the promotion, demotion, employment, dismissal or laying off of any individual due to

race, creed, color, national origin, age, sex, sexual orientation, or which is in violation of

applicable laws concerning the employment of individuals with disabilities.

8. Prospective Caterer shall employ an on-site Catering Manager at the Indiana State

Fairgrounds & Event Center at all times during the term of this Catering Contract.

9. The Commission shall issue reasonable rules and regulations for catering operations and

Prospective Caterer shall follow such direction. The decision to refuse service of alcoholic

beverages to any individual shall be the sole responsibility of Prospective Caterer.

10. The Commission reserves the right to ensure that Caterer’s service levels adequately meet

Indiana State Fairgrounds & Event Center/event requirements.

Maintenance and Cleanup

1. Prospective Caterer shall maintain all food service equipment and small wares used in

performance of its duties in a good state of repair, including maintenance or repair

necessitated by ordinary wear and tear and manufacturer recommendations.

2. The Commission shall maintain and pay for all electric and water utility service systems

and shall perform all structural and related repairs (unless caused by Prospective Caterer)

in the areas occupied by the Prospective Caterer at the Commission’s expense. The

Commission shall maintain and repair all heating, electrical service, air-conditioning,

ventilation and plumbing unless the repair is necessitated by Prospective Caterer's misuse

or abuse, which shall require Prospective Caterer to pay for repair costs.


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3. At all times, Prospective Caterer shall maintain all food and beverage service facilities in

a clean and sanitary condition in accordance and consistent with all applicable laws, rules,

and regulations.

4. Prospective Caterer shall engage exterminators at its expense to control vermin and pests

as necessary to maintain the clean and sanitary condition of the food and beverage service,

preparation, and storage facilities, and to comply with all applicable laws, rules, and

regulations.

5. Prospective Caterer is responsible for maintaining all areas within a 25-foot radius of

catering areas, kitchen, commissary, and back-of-house corridors in a clean and safe

environment suitable for consumption of food, including condiment tables, floors, walls

and counters at all times.

6. Prospective Caterer shall be responsible for maintaining its offices as well as back of house

spaces in a neat, clean and professional manner and for the regular cleaning thereof.

7. Prospective Caterer is responsible for routine scheduled hood cleanings.

8. Commission will provide Prospective Caterer with an initial set of keys. Any additional

keys needed thereafter will be the at Prospective Caterer's expense.

9. In operational areas of the Indiana State Fairgrounds & Event Center, Prospective Caterer

is responsible for purchasing and maintaining appropriate fire extinguishing equipment in

accordance with applicable laws, rules, and regulations.

General Responsibilities of Caterer

Prospective Caterer shall be responsible for all aspects of the food service operation, including,

but not limited to, the following responsibilities:

1. Preparing and serving food and beverages in designated areas of the Indiana State

Fairgrounds & Event Center.

2. Provide catering for all dietary preferences, including but not limited to religious, cultural,

vegetarian, vegan, etc.

3. Provide catering services to the ISFC throughout the year, including the Indiana State Fair.

4. Perform work on the Indiana State Fairgrounds & Event Center at mutually agreed times

and venues.

5. Work closely with the ISFC staff in relation to sales, event coordination and event

supervision. Depending on the contractual agreement with the client, the Prospective

Caterer may hold the rental agreement for certain events, thus assumes all responsibility

for the venue and shall adhere to all venue guidelines and safety protocols.

6. Schedule all events through the ISFC Event Services department, assuring proper

contractual agreements are executed.

7. Provide copies of all invoices and sales reports to the ISFC Vendor Relations Manager.

8. Provide adequate catering equipment and staffing.

9. Moving supplies and equipment from storerooms in the Indiana State Fairgrounds & Event

Center to areas where such supplies and equipment are required for food and beverage

preparation and service functions.

10. Ordering, delivering and dispensing all food, beverages, supplies, and other articles for

portable catering stands and portable bars, portable cafeterias and portable carts.

11. Opening the appropriate number of permanent and portable catering locations based on the

projected attendance and event type. The Commission shall have final approval of the

number of locations to be opened for each event.


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12. Prospective Caterer further agrees to accommodate the Indiana State Fairgrounds & Event

Center event schedule, including providing adequate staff to perform required set-up and

removal for all events. The Commission will, whenever possible, provide for reasonable

time periods in the event schedule for set-up and removal of Prospective Caterer's

equipment.

13. Prospective Caterer will pay all bills and payroll incurred in the normal operations

according to established terms of credit.

14. Prospective Caterer will comply with all OSHA requirements.

Products and Pricing

1. The Catering Contract shall give Prospective Caterer the exclusive right, subject to other

provisions of these specifications and the Commission's other exclusive rights, to sell food

and beverages, including alcoholic beverages and candy products at designated Space(s) at

the Indiana State Fairgrounds & Event Center. Notwithstanding the previous sentence, the

exclusive rights granted hereunder shall not be construed to prevent or prohibit the

Commission from granting specific rights to other licensees, including product exclusivity.

Prospective Caterer will be required to abide by all terms and covenants that apply to the

agreements between those identified providers and the Commission, including foregoing

the sale of products precluded by those agreements. Prospective Caterer will not be entitled

to any compensation under such agreements.

2. Prospective Caterer recognizes that the quality of items sold and services performed at the

Indiana State Fairgrounds & Event Center is a matter of highest concern. All food,

beverages, candy and other items sold or kept for sale at the Indiana State Fairgrounds &

Event Center shall be of first quality, wholesome and pure and must conform in all respects

to all applicable federal, state, and local health statutes, ordinances and regulations.

3. The Commission will meet with the Prospective Caterer to review products to be sold and

prices to be charged on an annual basis using June 1 of each year as the review date. Prices

shall be set by mutual agreement and may be adjusted throughout the year.

Records, Accounting and Auditing

1. Prospective Caterer shall be subject to any reasonable rules and regulations established by

the Commission.

2. Prospective Caterer shall be required to obtain and hold all pertinent employee permits and

licenses at its expense for the sale of all alcoholic beverages.

3. Prospective Caterer shall establish a unique and dedicated commercial account at a U.S.

financial institution, through which all Catering Contract gross receipts shall be deposited;

records of the gross receipts so deposited shall be kept in Prospective Caterer's Indiana

State Fairgrounds & Event Center office.

4. The Commission shall require the Prospective Caterer to provide daily, weekly, monthly,

and annual reports in a format approved by the Commission. In addition to the above, a

preliminary sales report shall be due at 12:00 pm on the day following each event and

such information will be required to be finalized within seventy-two (72) hours.


RFP-SER201700043

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5. The Commission may prescribe the form of records to be kept by Prospective Caterer in

accordance with this provision. Prospective Caterer shall make available all records, books

of account and statements maintained with respect to operations at the Indiana State

Fairgrounds & Event Center to Commission. Prospective Caterer shall always permit

periodic inspections of Prospective Caterer's Indiana State Fairgrounds & Event Center

operations. Such records shall be available to the Commission, as applicable, at any time

during the term of the Agreement, and for three (3) additional years following the

expiration of such a term.

6. The Commission shall be entitled, at any reasonable time, to conduct its own inventory of

products and equipment maintained at the Indiana State Fairgrounds & Event Center

pursuant to the Catering Contract.

7. Ninety (90) days following the close of any fiscal year, the Prospective Caterer shall be

required to submit an audited annual statement of Gross Sales and commissions payable

to, as applicable, the Commission. The audit shall be performed by an independent CPA

firm approved by the Commission. In the event that the Commission, as applicable, is not

satisfied with the statement submitted by the Prospective Caterer, the Commission, as

applicable, shall have the right to a special audit. If the results of the special audit show a

deficiency in payments by the Prospective Caterer to the Commission in excess of one

half of one-percent (1/2 of 1%) of Gross Sales for the reporting period, the amount owed

plus interest (computed from the date of deficiency until fully paid) shall be paid to the

Commission (with a written allocation for the applicable amount(s) of the payment(s)

with respect to the Commission Events) within ten (10) days by the Prospective Caterer.

In addition to the payment of the deficiency and late fees assessed, the Prospective

Caterer shall also be responsible for any costs incurred by the Commission in

connection with the special audit.

8. The Prospective Caterer shall provide, as applicable to the events being reported, the

Commission with a detailed report of Gross Sales and commission payable by the

Prospective Caterer for each Accounting Period within fifteen (15) days after the close of

the Accounting Period along with any payment due.

9. The Prospective Caterer shall also be required to submit an annual budget of Gross Sales

broken down by month and prepared in accordance with the planned schedule for the

Commission Events. The annual budget shall be submitted ninety (90) days prior to the

start of the agreement year (as defined in the definitive agreement).

10. Prospective Caterer shall collect and promptly disburse all taxes required by Federal, State

and local authorities and shall pay any applicable taxes relating to food service operations,

equipment and inventory. Prospective Caterer shall be responsible for all sales, use and

similar taxes on the sale of merchandise, purchase of supplies and the payment of such

taxes, as well as any and all fines, interests and penalties assessed against taxes due.


RFP-SER201700043

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11. In the event Prospective Caterer cannot perform its obligations under the Catering Contract

because of a labor dispute, such non-performance will not be considered a default;

provided, however, that in the event of a labor dispute, the Commission may operate

catering until the labor dispute is settled. During the period of operation by the

Commission, the Commission shall be entitled to use all facilities and equipment at the

Indiana State Fairgrounds & Event Center and any supplies and inventory of Prospective

Caterer on hand and Prospective Caterer shall not be entitled to any monies received from

such operations. In such event, the Commission agrees to pay Prospective Caterer a sum

equal to the cost of Prospective Caterer's supplies and inventory consumed by the

Commission in such operation. In the event said labor dispute remains unresolved for a

period in excess of thirty (30) consecutive days, the Commission retains the option to

terminate the Catering Contract upon thirty (30) days written notice.


RFP-SER201700043

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Offeror Information Cover Page to Response - Please type or print legibly.

Company Name:________________________________________________________________

Company Address:______________________________________________________________

City, State, Zip:_________________________________________________________________

Authorized Agents:______________________________________________________________

Printed Name

______________________________________________________________

Signature

Contact Numbers:_______________________________________________________________

Business Cell Fax

Email Address:_________________________________________________________________

State of Indiana Vendor Identification Number:_______________________________________

Detail any past experience working with the Commission:_______________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

ConcessionsBuilding Number of Events* Gross Sales Public Skating (Oct-Mar)

2016 2015 2014 2016 2015 2014 2016 2015 2014

Agriculture Horticulture 10 9 10 $38,822.00 $35,744.92 $50,797.49

Champions 12 15 19 $108,171.87 $131,920.85 $199,136.98

Elements Financial Blue Ribbon Pavilion 26 21 23 $279,177.88 $278,806.20 $311,138.21

Exposition Hall 13 15 16 $315,010.00 $350,607.98 $247,205.02

Harvest Pavilion 5 6 4 $8,423.00 $6,153.95 $4,076.00

Pop Weaver Youth Pavilion 4 3 3 $87,659.00 $65,228.00 $30,050.00 $44,106.21 $50,226.45 $36,697.00

South Pavilion 13 13 10 $239,086.92 $198,763.68 $177,250.90

West Pavilion 18 18 18 $783,473.10 $612,276.87 $628,978.00

Catering 2016 2015 2014 2016 2015 2014

100 90 110 $554,431.77 $642,022.75 $477,771.14

Exhibit ARFP-SER201700043

*Some events span multiple days.

wforrest

Text Box

Exhibit B RFP-SER201700043

THE RESPONDER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND

CONDITIONS,

WHICH WILL BE PART OF THE CONTRACT WHEN AWARDED:

1. Duties of Contractor(s). The Contractor shall provide Year-Round Catering Services as

specified in RFP-SER201700043.

2. Consideration. The Commission shall be paid at the rate as set forth in this Contract,

specifically Contractor’s response to the Year-Round Catering Services RFP.

3. Period of Performance/Term of Contract. This Contract shall commence upon full

execution and shall terminate on October 31, 2020 with the Commission having the

discretion of renewing the Contract for an additional two (2) three-year terms.

The first renewal option, if exercised, shall commence November 1, 2020 and shall expire

October 31, 2023. The second and final renewal option, if exercised, shall commence

November 1, 2023 and shall expire October 31, 2026.

4. Assignment: Successors. The Contractor binds its successors and assignees to all the terms

and conditions of this Contract. The Contractor shall not assign or subcontract the whole or

any part of this Contract without the Commission’s prior written consent. The Contractor

may assign its right to receive payments to such third parties as the Contractor may desire

without the prior written consent of the Commission, provided that Contractor gives written

notice (including evidence of such assignment) to the Commission thirty (30) days in

advance of any payment so assigned. The assignment shall cover all unpaid amounts under

this Contract and shall not be made to more than one party.

5. Access to Records. The Contractor and its subcontractors shall maintain all books, documents,

papers, accounting records and other evidence pertaining to the costs incurred under this Contract.

They shall make such materials available at their respective offices at all reasonable times during

this Contract term and for three (3) years from the date of final payment under this Contract, for

inspection by the Commission or its authorized designees. Copies shall be furnished at no cost to

the Commission if requested.

6. Audits. Contractor acknowledges that it may be required to submit to an audit of funds paid

through this Contract. Any such audit shall be conducted in accordance with IND. CODE Ch. 5-11-

1 et seq., and audit guidelines specified by the State.

7. Authority to Bind Contractor. The signatory for the Contractor represents that he/she has

been duly authorized to execute this Contract on behalf of the Contractor and has obtained all

necessary or applicable approvals to make this Contract fully binding upon the Contractor

when his/her signature is affixed, and this Contract is not subject to further acceptance by

Contractor when accepted by the Commission.

__________________

Authorized Initials

Exhibit C – To be submitted as Section 10

8. Changes in Work. The Contractor shall not commence any additional work or change the

scope of the work until authorized in writing by the Commission. The Contractor shall make

no claim for additional compensation in the absence of a prior written approval and

amendment executed by all signatories hereto. This Contract may only be amended,

supplemented or modified by a written document executed in the same manner as this

Contract.

9. Compliance with Laws.

A. The Contractor shall comply with all applicable federal, state, and local laws, rules,

regulations, and ordinances, and all provisions required thereby to be included herein are

hereby incorporated by reference. The enactment of any state or federal statute or the

promulgation of rules or regulations thereunder after execution of this Contract shall be

reviewed by the Commission and the Contractor to determine whether the provisions of this

Contract require formal modification.

B. The Contractor and its agents shall abide by all ethical requirements that apply to persons

who have a business relationship with the Commission, as set forth in Indiana Code § 4-2-6 et

seq., the regulations promulgated thereunder, and Executive Order 05-12, dated January 10,

2005. If the Contractor is not familiar with these ethical requirements, the Contractor should

refer any questions to the Indiana State Ethics Commission, or visit the Indiana State Ethics

Commission website at www.in.gov/ethics/. If the Contractor or its agents violate any

applicable ethical standards, the Commission may, in its sole discretion, terminate this

Contract immediately upon notice to the Contractor. In addition, the Contractor may be

subject to penalties under Indiana Code § 4-2-6-12.

C. The Contractor certifies by entering into this Contract, that neither it nor its principal(s) is

presently in arrears in payment of its taxes, permit fees or other statutory, regulatory or

judicially required payments to the State of Indiana. The Contractor agrees that any payments

currently due to the State of Indiana may be withheld from payments due to the Contractor.

Additionally, further work or payments may be withheld, delayed, or denied and/or this

Contract suspended until the Contractor is current in its payments and has submitted proof of

such payment to the Commission.

D. The Contractor warrants that it has no pending or outstanding criminal, civil, or

enforcement actions initiated by the State of Indiana, and agrees that it will immediately

notify the Commission of any such actions. During the term of such actions, Contractor agrees

that the Commission may delay, withhold, or deny work under this Contract and any

supplements or amendments.

__________________

Authorized Initials

http://www.in.gov/ethics/

E. If a valid dispute exists as to the Contractor’s liability or guilt in any action initiated by the

State of Indiana or its agencies, and the Commission decides to delay, withhold, or deny work

to the Contractor, the Contractor may request that it be allowed to continue, or receive work,

without delay. The Contractor must submit, in writing, a request for review to the

Commission following the procedures for disputes outlined herein. A determination by the

Commission shall be binding on the parties.

F. Any payments that the Commission may delay, withhold, deny or apply under this section

shall not be subject to penalty or interest under IC 5-17-5.

G. The Contractor warrants that the Contractor and its subcontractors, if any, shall obtain and

maintain all required permits, licenses, and approvals, as well as comply with all health,

safety, and environmental statutes, rules, or regulations in the performance of work activities

for the Commission. Failure to do so may be deemed a material breach of this Contract and

grounds for immediate termination and denial of further work with the Commission.

H. The Contractor affirms that it is properly registered and owes no outstanding reports with

the Indiana Secretary of State.

I. Contractor agrees that the Commission may confirm, at any time, that no liabilities exist to

the State of Indiana, and, if such liabilities are discovered, that the Commission may bar

Contractor from contracting with the Commission in the future, cancel existing contracts,

withhold payments to setoff such obligations, and withhold further payments or purchases

until the Contractor is current in its payments on its liability to the State of Indiana and has

submitted proof of such payment to the Commission.

J. As required by IC 5-22-3-7:

(1) The Contractor and any principals of the Contractor certify that (A) the Contractor,

except for de minimis and nonsystematic violations, has not violated the terms of (i) IC 24-

4.7 [Telephone Solicitation Of Consumers], (ii) IC 24-5-12 [Telephone Solicitations] , or

(iii) IC 24-5-14 [Regulation of Automatic Dialing Machines] in the previous three hundred

sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) the Contractor

will not violate the terms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is

preempted by federal law.

(2) The Contractor and any principals of the Contractor certify that an affiliate or principal

of the Contractor and any agent acting on behalf of the Contractor or on behalf of an

affiliate or principal of the Contractor: (A) except for de minimis and nonsystematic

violations, has not violated the terms of IC 24-4.7 in the previous three hundred sixty-five

(365) days, even if IC 24-4.7 is preempted by federal law; and (B) will not violate the terms

of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is preempted by federal law.

__________________

Authorized Initials

10. Confidentiality. The Contractor understands and agrees that data, materials, and information

disclosed to Contractor may contain confidential and protected data. Therefore, the Contractor

promises and assures that data, material, and information gathered, based upon or disclosed to

the Contractor for the purpose of this Contract, will not be disclosed to others or discussed

with third parties without the prior written consent of the Commission.

11. Condition of Payment. All services provided by the Contractor under this Contract must be

performed after written approval of samples of materials that will be used in fabrication.

Deviation from the samples during fabrication must have written approval from the

Commission. The Commission shall not be required to pay for work not found to cohere with

the approved material samples, inconsistent with this Contract or performed in violation of

federal, state, or local law.

12. Disputes. Should any disputes arise with respect to this Contract, the Contractor and the

Commission agree to act immediately to resolve any such disputes. Time is of the essence in

the resolution of disputes.

The Contractor agrees that, the existence of a dispute notwithstanding, it will continue without

delay to carry out all its responsibilities under this Contract, which are not affected by the

dispute. Should the Contractor fail to continue without delay to perform its responsibilities

under this Contract in the accomplishment of all non-disputed work, any additional costs

incurred by the Contractor or the Commission as a result of such failure to proceed shall be

born by the Contractor, and the Contractor shall make no claim against the Commission for

such costs.

If the Contractor and the Commission cannot resolve a dispute within ten (10) calendar days

following notifications in writing by either party of the existence of said dispute, then the

following procedure shall apply:

1. The parties agree to resolve such matter through submission of the dispute to the

Executive Director of the Indiana State Fair Commission who shall reduce his/her

decision to writing and mail or otherwise furnish a copy thereof to the Contractor

and the Commission within ten (10) working days after presentation of such dispute

for this decision.

2. The decision shall be final and conclusive unless the Contractor mails or

otherwise furnishes the Executive Director, within ten (10) working days after

receipt of the Executive Director's decision, a written appeal.

The Commission may withhold payments on disputed items pending resolution of the dispute.

The unintentional nonpayment by the Commission to the Contractor of one or more invoices

not in dispute in accordance with the terms of this Contract will not be cause for Contractor to

terminate this Contract, and the Contractor may bring suit to collect these amounts without

following the disputes procedure contained herein.

__________________

Authorized Initials

13. Drug-Free Workplace. As required by Executive Order No. 90-5 dated April 12, 1990, issued by

the Governor of Indiana, the Contractor hereby covenants and agrees to make a good faith effort to

provide and maintain a drug-free workplace. The Contractor will give written notice to the State

within ten (10) days after receiving actual notice that the Contractor, or an employee of the

Contractor in the State of Indiana, has been convicted of a criminal drug violation occurring in the

workplace. False certification or violation of this certification may result in sanctions including,

but not limited to, suspension of contract payments, termination of this Contract and/or debarment

of contracting opportunities with the State for up to three (3) years.

In addition to the provisions of the above paragraph, if the total amount set forth in this Contract is

in excess of $25,000.00, the Contractor certifies and agrees that it will provide a drug-free

workplace by:

A. Publishing and providing to all of its employees a statement notifying them that the

unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is

prohibited in the Contractor’s workplace, and specifying the actions that will be taken against

employees for violations of such prohibition;

B. Establishing a drug-free awareness program to inform its employees of (1) the dangers

of drug abuse in the workplace; (2) the Contractor’s policy of maintaining a drug-free

workplace; (3) any available drug counseling, rehabilitation and employee assistance

programs; and (4) the penalties that may be imposed upon an employee for drug abuse

violations occurring in the workplace;

C. Notifying all employees in the statement required by subparagraph (A) above that as a

condition of continued employment, the employee will (1) abide by the terms of the statement;

and (2) notify the Contractor of any criminal drug statute conviction for a violation occurring

in the workplace no later than five (5) days after such conviction;

D. Notifying the State in writing within ten (10) days after receiving notice from an

employee under subdivision (C)(2) above, or otherwise receiving actual notice of such

conviction;

E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a

conviction, imposing the following sanctions or remedial measures on any employee who is

convicted of drug abuse violations occurring in the workplace: (1) taking appropriate

personnel action against the employee, up to and including termination; or (2) requiring such

employee to satisfactorily participate in a drug abuse assistance or rehabilitation program

approved for such purposes by a federal, state or local health, law enforcement, or other

appropriate agency; and

F. Making a good faith effort to maintain a drug-free workplace through the

implementation of subparagraphs (A) through (E) above.

__________________

Authorized Initials

14. Force Majeure. In the event that either party is unable to perform any of its obligations

under this Contract or to enjoy any of its benefits because of natural disaster, environmental

contamination, hostile military or paramilitary action, riot, or decrees of governmental bodies

not the fault of the affected party (hereinafter referred to as a "Force Majeure Event"), the

party who has been so affected shall immediately give notice to the other party and shall do

everything possible to resume performance. Upon receipt of such notice, all obligations

under this Contract shall be immediately suspended. If the period of nonperformance exceeds

thirty (30) days from the receipt of notice of the Force Majeure Event, the party whose ability

to perform has not been so affected may, by giving written notice, terminate this Contract.

15. Funding Cancellation. If the Executive Director, with the approval of the Commission,

makes a written determination that funds are not appropriated or otherwise available to

support continuation of performance of this Contract, this Contract shall be canceled. A

determination by the Executive Director shall be final and conclusive. Nothing in this clause

shall be construed to preclude the Contractor from being paid for work performed through

the date of cancellation.

16. Governing Laws. This Contract shall be construed in accordance with and governed by the

laws of the State of Indiana without regard to its conflict of laws rules and suit, if any, must

be brought in a competent court situated in Marion County, Indiana.

17. Indemnification. To the fullest extent permitted by law, Contractor agrees to indemnify,

defend and hold harmless the Commission and the State of Indiana, its agents, officers and

employees from all claims and suits including court costs, attorney’s fees, and other expenses

caused by any act or omission of Contractor and/or its subcontractors, if any, in the

performance of this Contract regardless of concurrent negligence. Contractors

indemnification obligation shall apply to the extent such damages do not result from or are

not caused by the willful misconduct or negligence of the Commission, the State, its

employees or agents. Any defense shall be provided by counsel approved by the

Commission. The Commission and the State shall not provide such indemnification to the

Contractor.

18. Independent Contractor. Both parties hereto, in the performance of this

Contract, will be acting in an individual capacity and not as agents, employees,

partners, joint ventures or associates of one another. The employees or agents of

one party shall not be deemed or construed to be the employees or agents of the

other party for any purposes whatsoever.

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Authorized Initials

19. Insurance. Contractor shall secure and keep in force during the term of this Contract the

following insurance coverage, covering the Contractor for any and all claims of any nature which

may in any manner arise out of or result from Contractor’s performance under this Contract:

A. Commercial General Liability with the following minimum coverage limits naming the

Commission and the State of Indiana as additional insureds:

a. $1,000,000 Per Occurrence Bodily Injury and Property Damage

b. $1,000,000 Per Occurrence Personal and Advertising injury

c. $2,000,000 General Aggregate

d. $2,000,000 Products and Completed Operations Aggregate

e. $5,000,000 Umbrella Liability

B. Commercial Automobile Liability – Minimum coverage limit of $1,000,000 combined single

limit for bodily injury and property damage, covering all owned, non-owned or hired (if

applicable) automobiles used in the course of this Contract

C. Workers Compensation - In compliance with any and all statutes requiring such coverage in

the State of Indiana, covering employees, volunteers, temporary workers and leased workers.

D. If the Contractor engages any sub-contractors or independent contractors to complete or

perform any work called for in the Contract, the Contractor is responsible for maintaining

evidence that all of the subcontractors or independent contractors are compliant and

maintaining the required insurance as though they were parties to the Contract.

A. Property – Contractor shall be responsible for its own personal property, regardless of the

type, to be insured on a replacement cost basis.

Contractor shall provide proof of such insurance coverage by tendering to the Commission a

certificate of insurance (“COI”) prior to the commencement of this Contract. The Commission

must be listed as an additional insured on the COI. Contractor shall not cancel or change the

insurance coverage without giving the Commission thirty (30) days prior, written notice by

certified or registered mail.

20. Indiana Tort Claims Act. Pursuant to IC 34-13-3, et seq., the Commission is covered by

the Indiana Tort Claims Act. The Commission is not obligated to indemnify or defend

Contractor or its employees, agents, or affiliates for anything arising out of or relating to the

Contract.

21. Key Persons. If both parties have designated in writing that certain individual(s) employed

by Contractor are essential to the services offered pursuant to this Contract, the parties agree

that should such individual or individuals no longer be employed during the term of this

Contract by the Contractor for whatever reason, the Commission shall have the right to

terminate this Contract upon thirty (30) days’ prior written notice.

__________________

Authorized Initials

22. Licensing Standards. Contractor and its employees and subcontractors shall comply with all

applicable licensing standards, certification standards, accrediting standards and all other

laws, ordinances, rules and regulations governing goods or services to be provided by

Contractor pursuant to this Contract. The Commission shall not be required to pay the

Contractor for any services performed or goods provided when Contractor or its employees

or subcontractors are not in compliance with such applicable standards, certifications, laws,

ordinances, rules or regulations. If licensure, certification or accreditation is revoked,

suspended, or materially changed, Contractor shall notify the Commission immediately, and

the Commission may, at its option, immediately terminate this Contract.

23. Nondiscrimination. As required by IC 22-9-1-10 and the Federal Civil Rights Act of 1964,

Contractor shall not discriminate against any employee or applicant for employment in the

performance of this Contract with respect to the hire, tenure, terms, conditions or privileges

of employment or in any matter directly or indirectly related to employment, because of race,

color, religion, sex, disability, national origin or ancestry. Acceptance of this Contract

signifies compliance with applicable federal laws, regulations, and executive orders

prohibiting discrimination in the provision of services based on race, color, national origin,

age, sex, disability or status as a veteran.

24. Notice to Parties. Whenever any notice, statement or other communication shall be sent to the

Commission or Contractor, it shall be sent to the following address, unless otherwise specifically

advised.

A. Notices to the Commission shall be sent to:

Indiana State Fair Commission

Attn: Beth Jeffries, Vendor Relations Manager

1202 East 38th Street

Indianapolis, IN 46205-2869

[email protected]

(317) 927-7509

B. Notices to the Contractor shall be sent to:

_______________________

_______________________

_______________________

_______________________

_______________________

25. Order of Precedence. Any inconsistency or ambiguity in this Contract shall be resolved by

giving precedence in the following order: (1) this Contract, (2) Attachments prepared by the

Commission; (3) Attachments prepared and submitted by the Contractor.

__________________

Authorized Initials

mailto:[email protected]

26. Penalties/Interest/Attorney’s Fees. The Commission will in good faith perform its required

obligations hereunder and does not agree to pay any penalties, liquidated damages, interest,

or attorney’s fees, except as required by Indiana law, in part, IC 5-17—5-1 et seq., IC 34-54-

8-5 et seq., and IC 34-13-1-6 et seq.

27. Severability. The invalidity of any section, subsection, clause or provision of the Contract shall

not affect the validity of the remaining sections, subsections, clauses or provisions of the Contract.

28. Substantial Performance. This Contract shall be deemed to be substantially performed only

when fully performed according to its terms and conditions and any modification thereof.

29. Taxes. The Commission is exempt from state, federal and local taxes. The Commission will

not be responsible for any taxes levied on the Contractor as a result of this Contract.

30. Termination for Convenience. This Contract may be terminated, in whole or in part, by the

Commission whenever, for any reason, the Commission determines that such termination is

in its best interest. Termination of services shall be effected by delivery to the Contractor of

a Termination Notice at least thirty (30) days prior to the termination effective date,

specifying the extent to which performance of services under such termination becomes

effective. The Contractor shall be compensated for services properly rendered prior to the

effective date of termination. The Commission will not be liable for services performed after

the effective date of termination. The Contractor shall be compensated for services herein

provided but in no case shall total payment made to the Contractor exceed the original

Contract price or shall any price increase be allowed on individual line items if canceled only

in part prior to the original termination date.

31. Termination for Default. The Commission may terminate and cancel this Contract

without prejudice to any rights and cause of action the Commission may have against the

Contractor, if:

1. The Contractor is judged bankrupt, or

2. The Contractor makes a general assignment for the benefit of creditors, or

3. A receiver is appointed due to the Contractor's insolvency, or

4. If a court of competent jurisdiction finds that the Contractor persistently disregards

laws, ordinances, rules, regulations or orders of any public authority having

jurisdiction, or

5. The Contractor is acquired by or merged with another entity.

The Commission may also terminate this Contract in whole or in part, if the Contractor

fails to:

1. Correct or cure any breach of this Contract;

2. Perform the services as required by this Contract;

If the Commission terminates this Contract in whole or in part, it may acquire, under the

terms and in the manner it considers appropriate supplies and services similar to those

terminated, and the Contractor will be liable to the Commission for any excess costs for

those supplies and services.

32. Warranty. The Contractor warrants all good delivered to be free from defects of material or

workmanship. This warranty shall survive inspection, delivery, acceptance, and payment by

the Commission of the goods.

33. Work Standards. The Contractor agrees to execute its respective responsibilities by

following and applying at all times the highest professional and technical guidelines and

standards. If the Commission becomes dissatisfied with the work product or the working

relationship with those individuals assigned to work on this Contract, the Commission may

request the replacement of any or all such individuals.

34. Non-Collusion and Acceptance. The undersigned attests, subject to the penalties for

perjury, that he/she is the representative, agent, member or officer of the Contractor, that

he/she has not, nor has any other member, employee, representative, agent or officer of the

Contractor, directly or indirectly, to the best of his/her knowledge, entered into or offered to

enter into any combination, collusion or agreement to receive or pay, and that he/she has not

received or paid, any sum of money or other consideration for the execution of this Contract

other than that which appears upon the face hereof.

For the Contract:

1. A Contract cover page shall be added

2. The signature block will follow these terms & conditions.

The remainder of this page is intentionally blank.

__________________

Authorized Initials

RFP FOR YEAR-ROUND FOOD & BEVERAGE SERVICES · provide year-round catering food & beverage services...

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