Farmers Market Specifications

8/8/2019 Farmers Market Specifications

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Rev. 1 - 03/25/10 Dallas Farmers Market RFP Doc#BDPS-FRM-118 Page 1 of 21

SPECIFICATIONS FOROPERATIONAL MANAGEMENT

OF THEDallas Farmers Market

BDZ1025


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Definition of Terms and Abbreviations The following terms shall have the following meanings when used in these Specifications.

1. City : The City of Dallas, Texas, a municipal corporation of Dallas County, Texas, acting by andthrough (a) its governing body, or (b) its City Manager each of whom is required by law toperform specific duties. Responsibility for final enforcement of contracts involving the City ofDallas is by authority vested in the City Manager.

2. City Attorney : The City Attorney of the City or duly authorized assistants or agents.

3. City Controller : The City Controller of the City or duly authorized assistants or agents.

4. City Council : The governing body of the City.

5. City Manager : The City Manager of the City or duly authorized assistants or agents.

6. City Secretary : The City Secretary of the City or duly authorized assistants or agents.

7. Contract : The written agreement covering the performance of the Operational Managementspecifications. The Contract includes all specifications, the proposal and any supplementalchanges or agreements pertaining to the Operational Management Specifications. TheContract shall be administered through the City's Office of Convention and Event Services(CCT).

8. Director : The Director of the Department of Convention and Event Services (CCT) or dulyauthorized designee.

9. Facility : The Dallas Farmers Market (DFM), including Sheds 1, 3 & 4 which are specific to usefor selling produce, Shed 2 specific to restaurants, specialty-food and food-related products, theOperations/Administration Building, vendor restrooms, security office, multi-purpose room andstorage buildings.

10. Dallas Farmers Market (DFM) : The Dallas Municipal Market, a property owned by the City ofDallas and located at 1010 S. Pearl Expressway in downtown Dallas.

11. Operational Management Specifications (Specifications) : The directions, provisions, and

requirements contained herein pertaining to overall management of the Facility.12. Operator : The person, persons, partnership, company, firm, association, corporation, and its

sub-contractors acting directly or through an authorized representative submitting a proposaland entering into a Contract for the services specified in the Operational ManagementSpecifications.

13. Proposal : The written statement or statements duly submitted to the City of Dallas BusinessDevelopment & Procurement Services Department (POM) by the person, persons, partnership,company, firm, association, or corporation proposing to perform as specified in the OperationalManagement Specifications.

14. Proposer : Any person, persons, partnership, company, firm, association, corporation and theirsub-contractors acting directly or through a duly authorized representative submitting aproposal response to the Operational Management Specifications.

15. Sub-contractor : Any firm with which the Operator has a direct or indirect relationship in orderto meet any or all of the Specifications or fulfill the terms of the Contract.


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Section 1. General Information

1. History of the Dallas Farmers MarketThe City of Dallas owns the Municipal Farmers Market, also known as the Dallas Farmers Market(DFM). Here, farmers have sold their produce and goods in downtown Dallas as early as the 1860s.As the demand for produce increased Cadiz and Pearl streets evolved into the epicenter of theselling activity, resulting in the birth of a Farmers Market. By the close of the 1930s the City hadbegun to organize the Market area, and construction of the first open air sheds begun. In December1941 the site was officially commissioned by the City of Dallas as a Municipal Produce Market.Currently, the DFM covers an area of nearly 13 acres and is bounded by Marilla Street on the north,ERL Thornton Freeway (I-30) on the south, Cesar Chavez Blvd on the east and extends west toHarwood Avenue. Included is approximately 100,000 sq. ft. of permanent retail space with 148open air stalls and 56 spaces in an enclosed shed area. The DFM is open 24 hours a day, 362days a year with retail business conducted during the day and wholesale business conductedovernight. The DFM has approximately 1 million customers annually.

As a unique venue in the southeast corner of downtown Dallas, the DFM conducts special events in

partnership with groups composed of a vibrant and growing community of farmers, producedealers, restaurants, specialty food vendors and artisans.

2. Current ManagementThe DFM is currently operated by the City of Dallas; key operational activities are as follows:

Manage and operate the DFM, recruiting and retaining farmers, produce dealers, wholesalersand specialty food vendors

Responsible for all expenses related to operating the facilities including staff, insurance,maintenance, repairs, utilities, and security.

Enforce rental and other fees for use of the facility stalls and secure permits for specialty foodand restaurant vendors and other related services.

3. Goals for the Operation and Management of the DFMThe City of Dallas is seeking responses from experienced management firms or teams to market,manage, lease and operate the DFM to:

Foment the recruitment and retention of farmers, produce dealers and vendors to support forthe day to day operations needs of the DFM.

Create and impose a reasonable rental and fee rate structure for the support of the dailyoperations of the DFM.

Operate the Farmers Market; there shall be no contributed funds from the City to the operatingbudget of the DFM under this agreement.

Increase net revenue from Farmers Market operations.

Increase outside (non city sources) for financial support.

Support and maximize the utilization of the DFM as an important component of the CentralBusiness District.

Recognize the historic importance of the DFM and preserve the Market for future generations.


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Develop alternative ways to improve the physical plant of the Farmers Market to better servethe community.

Improve vendor/farmers/produce dealers participation and overall appeal to the community toincrease customer base.

4. Restrictions Maintaining Tax-Exempt Status for Bonds Issued forthe DFM

The DFM has been financed in part with tax-exempt bonds. The federal income tax law restrictsthe use of the DFM by any person other than a state or local governmental person. Accordingly,the terms of any agreement with the Operator will be restricted by federal income tax law.

The federal income tax law permits the DFM to be managed by the Operator if the managementagreement is structured to comply with the guidelines under Revenue Procedure 97-13 (QualifyingManagement Agreement). These guidelines include limitations on the term and the type of

compensation paid ( e.g. , periodic fixed fee per month) under the Qualifying ManagementAgreement. The City welcomes any proposals that may be structured to comply with theseguidelines.

In addition, the City may be able to employ alternative structures with the management of the DFM.The City welcomes creative structuring alternatives in submitted proposals.

5. Capital Improvement Bond Project/TCEQ Mandate

In January 2007 the City enter into an agreement with the Texas Commission on EnvironmentalQuality (TCEQ) to address the issues related to the discharge of municipal solid waste; specificallythe waste from the tenants cleaning of vegetables that were disposed of into the storm sewersystem. In response to this issue, and in an effort to eliminate the potential threat to theenvironment, the City and the Commission have entered into a Compliance Agreement. The $6.2 Mbond program to meet the TCEQ mandate to install sanitary sewers at the Market will have animpact and will result in vendor displacement during construction as well as reduced parking, whichwill impact customers. The deadline for completion currently is August 31, 2011.

2006 Bond Program funds will be utilized to reroute the disposal of waste from the storm watersystem to the waste water system.

Section 2. Specifications for Operational Management ofthe Dallas Farmers Market

1. General ScopeThe City shall award a Contract for the management and operation of the DFM for a period of five(5) years with three (3) one-year renewal options. Initial contract time frame may be negotiatedupon agreement of significant capital improvements/investments by contractor.

The City will only consider proposals that provide for the continued management and operation ofthe Farmers Market primarily as a public market which provides the organization and facilities thatconnect communities to local farmers, produce dealers, artisans, and other vendors and provides


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wholesome family activities and educational programs.

The Contract shall become effective and on-site management services shall begin on the estimateddate of January 1, 2011. Responsibilities will include daily operational management, staffing,scheduling, providing technical support for events, HVAC operation, cleaning, access control andloss prevention, food service and the maintenance of all building components to include but not

limited to structure, fixtures, utilities, operations and equipment.

2. Farmers Market ActivitiesAs a City facility constantly in the public eye, every aspect of operation for the facility shall produceand maintain exemplary service standards equivalent to other public markets. Each employee andcontracted employee is expected to contribute to an efficient, responsive and positive environmentfor vendors and costumers.

3. Farmers Market Management and OperationsThe Operator shall operate, manage and maintain the DFM as a first-class rental facility for marketsand other events compatible with the facilities.The selected management team will conduct the following duties:

A. Operations:

a. The DFM is to remain open twenty-four (24) hours per day seven (7) days per week toallow for retail business during the day and wholesale business overnight.

b. The Operator shall manage the DFM facilities with reliability, integrity and diligenceand be in full compliance with the terms and intent of this Agreement

c. Manage the day-to-day activities of the DFM in a professional manner and focus onefforts to attract and retain vendors.

d. Manage and focus on efforts to attract Dallas and outside residents to frequently visitthe DFM and do business with the tenants and vendors.

e. Keep the physical plant of the DFM in good working order and state of repair, and in aclean and sanitary condition.

f. Keep areas in the DFM in a safe condition providing security of the facility twenty-four(24) hours a day seven (7) days per week.

g. Promptly advise and consult with City staff about any material issue arising withrespect to the operation of the DFM.

B. Special Events : The Operator shall retain successful programs and present new programsthat generate (i) significant customer base and (ii) sales opportunities for vendors thatmaximize and promote the use of facilities through a minimum of 6 annual special events that

promote regional agriculture, local farmers and healthful eating. All special events shall beapproved by the City of Dallas Office of Special Events.

C. Vendor recruitment and retention: The Operator shall recruit and retain qualified vendorsthat conduct themselves in an ethical business manner and that offer quality products for theconsumer.

a. Recruit and retain qualified tenants for Shed two that will conduct business year roundand whose foods/products reflect a diverse mix that is in keeping with the current vision forthe DFM.


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b. Rent stalls in the open air sheds in the DFM to vendors who engage in the sale ofagricultural products, including but not limited to, produce, flowers, honey and meats.

c. As vacancy occurs in the DFM, act promptly to secure a new, qualified tenant.

d. Promptly handle any complaint made by a member of the public, any tenant or vendor.

D. Market Staff: The Operator shall employ, train and supervise competent personnel withappropriate qualifications and experience in sufficient numbers to provide all servicesappropriate for the operations granted under the agreement. Special consideration should begiven to current staff of the DFM to fill available positions.

E. Security: Operator shall provide armed security guards and other personnel necessary forthe operation and maintenance of the facilities. Security staff shall at all times be dressed inuniforms which are clearly identifiable as staff, appropriate for all weather conditions, neat,clean and include photo I.D. tags identifying the employee.

F. Market Manager: Operator shall immediately upon execution of this Agreement, appoint aDFM Manager who shall be the senior official of the Operators employees engaged for thisAgreement. Duties of the DFM Manager shall include but not be limited to:

Hire/discipline employees based on guidelines provided by the Operator.Train new employees.Closely supervise all employees on duty.Check all equipment for proper operation.Daily walkthrough of DFM to make sure areas are clean and in safe condition.Ensure all monies are deposited in accordance with the terms of this Agreement.Submit quarterly reports and fax/submit to City Managers designee.Perform random, unannounced audits on cashiers regularly.

G. Housekeeping and Janitorial: The Operator shall provide all housekeeping and janitorial services necessary for the operation of the facility. Such services shall include, butare not limited to, the performance of the following tasks and provisions of all relatedsupplies, equipment and labor; sweeping, washing, vacuuming, dusting, keeping furnitureand fixtures in clean condition, washing windows, cleaning and stocking restrooms andmaintaining lighting fixtures; keeping walks, fire escapes, exit and egress corridors free ofsnow and ice; and disposing of trash, refuse and the like.

H. Systems and Equipment Maintenance and Repair: The Operator shall maintain ingood repair all building equipment and systems, including electrical, mechanical, plumbing,heating and air conditioning systems, front and rear doors, light fixtures and bulbreplacements, plumbing and floor drains, exhaust fans, windows, interior doors, securityequipment, storm water drain and Shed Two grease trap.

I. Building Maintenance and Repair: The Operator shall perform routine repair andmaintenance of all sheds, roof, foundation, exterior walls, exterior lighting, termites and pest

extermination, exterior grounds and all public and common areas of the facility to keep themin a reasonably neat, safe, clean, repaired, sanitary and attractive condition.

J. Utilities: The Operator shall pay the cost of all utility services and initial connectioncharges, including but not limited to water, gas, trash hall refuse disposal and electricity usedin connection with or chargeable against the facility for the duration of the term of thecontract.

K. Operating Account: The Operator shall deposit all funds generated from the operation


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accident, or otherwise, to the Operator's stored supplies, materials, or equipment keptin the building or buildings; or the personal belongings of the Operator's employeesbrought to the facilities.

9. ParkingThe Operator shall have access to appropriate on-site parking free of charge for theduration of this contract.

10. Fire Protection and PreventionA. Fire Code: The Operator shall comply with all fire protection measures prescribed in

the City Fire Code, a copy of which is on file in the office of Fire Prevention Educationand Inspection 2014 Main Room 401, Ph. 670-4319. All sweeping compounds, dustcloths, mop treating materials, and floor treatment materials (exclusive of waxes) shallbe products which are free of spontaneous heating tendency. Listing of these productsas free of this tendency by qualified nationally recognized testing organizations shall beconsidered as meeting these requirements. All products stored on City property shallbe labeled with Hazardous Warning Data labels as required by the Federal and State of

Texas Hazardous Waste Regulations. All electrical appliances, cords and extensioncords shall bear the UL approved tags.

B. Combustible Materials: The Operator shall not store combustible supplies, includingbut not limited to rags and paper, near possible sources of ignition, such as, but notlimited to steam pipes and high wattage lamps. The Operator shall considercontaminated buckets, mops, cloths, and brushes as potentially subject to spontaneousheating and shall not store such items in buildings. The Operator shall store usedwiping cloths and treated dust mops in covered metal containers. Employees shall berequired to collect contents of ashtrays in metal containers separate from regularcollection containers.

11. Protection and DamageA. Operator Responsibility : The Operator shall, without additional expense to the City,

be responsible for all damage to persons or property that occurs as a result of theOperator's or any or all Sub-contractor's fault or negligence in connection with theexecution of the work, and shall be responsible for the proper care and protection ofwork performed. Breakage or loss of office equipment or property other than thatowned by the Operator that may occur in or about the Facility as a result of theOperator's actions or of the actions of the Operator's Sub-contractors, shall be repairedor replaced at the Operator's expense.

B. Safety: The Operator shall take all precautions necessary for the protection againstinjury of all persons engaged at the site in the performance of the work. The Operatorshall observe all pertinent safety practices and comply with applicable safetyregulations.

C. Keys: It shall be the Operator's responsibility to provide the City Manager or designeeon an annual basis, or within 2 business days of the City Manager making suchrequest, a list of the names of persons who have been issued keys to the facilities. Inthe event a key is lost or misplaced it shall be the responsibility of the Operator toreplace the locks in that facility at the Operator's expense.


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12. Other ContractsA. City Agreements: The Operator shall agree to honor any pre-existing Dealer Permits

for Shed 2 Specialty Food and Eateries vendors in which the City has entered.

13. Temporary Alterations and AdditionsA. Temporary Alterations: To the extent reasonably necessary or desirable for the

Operator to use and manage the Facility, the Operator may erect or install within theFacility temporary alterations, additions, or equipment of a special function that do notalter the structural integrity or basic configuration of the Facility. In doing so, theOperator shall comply with all applicable governmental laws, statues, ordinances,codes, and regulations regarding structures. All Sub-contractors of the Operator shallcarry sufficient and appropriate insurance as may be required by the City. However,with the exception of temporary alterations, improvements or additions, the Operatorshall secure prior approval by the City for any such alteration, improvement or additionto the facilities. All and any other uses outside of the specified alterations and additionsshall require prior authorization from the City Manager or designee.

14. ImprovementsA. Right to Improve: During the term of the Contract and with the approval of the City,

the Operator may without cost to the City have the right to remodel, renovate andrefurbish the premises. Prior written approval by the City Manager or designee will berequired for any improvements.

B. Prior Approval: The Operator shall provide and submit plans and specifications forany and all remodeling, renovation, or refurbishment to the City Manager or his/herdesignee for prior review and written approval. Prior to commencing any remodeling,renovation or refurbishments of or to the DFM, the Operator shall provide the City withproof of insurance satisfactory to the City. The Operator shall also provide the City withproof satisfactory to the City that the Operator has funds available sufficient tocomplete any such work, including reasonable contingency reserves. All improvementsto the facility made by the Operator will be at the Operators expense, in a good andworkmanlike manner, in compliance with applicable building codes, and free and clearof any liens and encumbrances. All improvements to the facility or any part thereof willbecome part of the facility and shall remain upon and surrendered with the premises asa part thereof at the end of the contract term without disturbance, molestation or injury.

C. Business Inclusion and Development Plan: It is the policy of the City of Dallas touse qualified Minority and Women-Owned Business Enterprises (M/WBEs) to thegreatest extent feasible on the Citys construction, procurement and professionalservices contracts. The City and its contractors shall not discriminate on the basis ofrace, color, religion, national origin, or sex in the award and performance of contracts.In consideration of this policy, the City of Dallas has adopted the Business Inclusionand Development Plan (BID Plan) for all City of Dallas contracts. The purpose of the

Business Inclusion and Development Plan is to increase participation of locally ownedM/WBEs in City procurement and contracting opportunities and to develop the localbusiness base through the award of contracts and purchases to locally ownedbusinesses.

The information shall be submitted with the proposal and shall include:

Submission of an affirmative action plan and/or policy and submission of theEthnic Workforce Composition Report (BDPS-FRM-204).


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Submission of the RFP/RFQ Contractors Affidavit History of M/WBE UtilizationForm (BDPS-FRM-205) showing utilization of M/WBEs on previous contracts.

Submit additional documentation of past performance and history of complyingwith M/WBE capacity building goals and how they were accomplished, e.g.Mentor-Protg programs and vendor outreach events with Chambers of

Commerce and Business Advocacy Groups. Submission of the RFP/RFQ Contractors Affidavit Type of Work by Prime and

Subconsultant Form (BDPS-FRM-206). Your Firm (s) Team make-up should include a significant number of diverse M/WBE firms in meaningful roles on theproject.

The name, address and telephone number of each M/WBE; (2) the descriptionof the work to be performed by each M/WBE; and (3) the approximate dollaramount/percentage of the participation. The City encourages joint ventureswith M/WBEs that enhance capacity building; If joint-venture is beingconsidered, submit documentation of possible joint- venture opportunities toprovide spring board for fostering more and larger M/WBE firms in the market.

Submission of the signed Business Inclusion and Development Affidavit Form(BDPS-FRM-203) which shows evidence of acknowledgement of the CitysBusiness Inclusion and Development (BID) Plan and demonstrates intent tocomply with the policy and evidence of M/WBE inclusion to meet the BID goalfor the project.

Help in preparing the forms may be obtained by contacting a member of theResourceLink team Lisa Alonzo- 214-243-2131, or by sending an email to her at thisaddress - [email protected] .

C. Failure of Systems: In the event of structural or mechanical failure of an essentialbuilding component or system, or the need to modify or replace an essential buildingcomponent as a result of a requirement imposed by any government, the Operatorshall be solely responsible for the costs of completing the necessary repairs.

D. City Rights to Improve: The City reserves the right to repair, replace or modify anycomponent or system of the building at its sole discretion, subject to appropriation andrequired City approvals.

15. PropertyA. All property furnished by City under the Contract shall remain the property of the City.

Maintenance, repair, alteration and replacement of all equipment and furnishingssupplied by the City or Operator during the Contract shall be at the expense of theOperator. Upon termination of the Contract, the Operator shall render an accounting of

all such property which has come into its possession under the Contract. Any propertycontained within the facility that is lost or damaged, resulting from improper use ornegligence by Operator personnel, shall be replaced at the sole expense of theOperator. All alterations and replacements of equipment and furnishings shall beapproved by the City Manager.

B. The City shall not be responsible for any goods, merchandise or equipment stored ateither facility, nor shall it be responsible for damage resulting from a power failure,flood, fire, explosion and/or other cause.
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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C. The Facilities and all City property shall be used only for official City business in theperformance of this Contract.

16. Access to the BuildingA. City Access: The City and its authorized officers, employees, agents, contractors,

subcontractors and other representatives shall have the right (at such times as may bereasonable under the circumstances and with as little interruption of the Operator'soperations as is reasonably practicable) to enter upon and in the premises for thefollowing purposes:

(1) Inspection : To inspect such premises to determine whether the Operator hascomplied and is complying with the terms and conditions of the Contract.

(2) Access : To gain access to the mechanical, electrical, utility and structural systemsof the DFM for the purpose of maintaining and repairing such systems.

(3) Loss Control: The Operator will allow City Property insurer's loss controlengineers access to premises for inspections and will comply with theirrecommendations.

17. SmokingThe facilities have been declared smoke-free buildings by City Ordinance. All Operator'semployees and sub-contractors will refrain from smoking anywhere inside the sheds andthe administration building at all times, and will not permit guests and patrons to do thesame.

18. LiensThe Operator recognizes and understands that no liens may be secured against publicproperty as a matter of law, and agrees to keep the premises and all fixtures andpurchased property located thereon free from any and all claims or purported liens arising

out of any work performed, materials furnished, or obligations incurred by the Operator, itson-site management, employees, and subcontractors, and shall reimburse the City for anyattorney's fees incurred in the defense of proceedings to enforce or foreclose such liensincluding actions brought by the City to remove any such unlawful liens.

19. Labor ForceA. The work required shall be performed at the quality standards level, or higher than that

outlined herein. If in the conduct of the work, it is determined that the Operator has notprovided for sufficient personnel based on the number quoted in the proposaldocuments additional work force shall be engaged, at no cost to the City, to provide thequality of work outlined in the specifications and as required by the City. This level ofwork force shall be provided at all times, regardless of vacations, sick leave, or othercauses.

B. The Operator shall employ only such managers, superintendents, supervisors, andworkers who are careful, competent and fully qualified to perform the duties of tasksassigned to them and shall secure the summary dismissal of any person or personsemployed by the Operator or its Sub-contractors on or about the work site who shallmisconduct him/herself or be incompetent, disrespectful, intemperate, dishonest, orotherwise objectionable or neglectful in the proper performance of his/her duties or whoneglects or refuses to comply with or carry out the directions of the Operator.


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C. Supervision by Operator:

(1) All supervisory and working supervisory personnel shall understand and speakEnglish fluently, able to understand instructions and communicate to thosebeing supervised the nature of the job and what is to be accomplished.

(2) When the work of the Contract is being carried out, the Operator or anauthorized competent representative shall be present on the work site at alltimes, or as otherwise specified by individual locations within thesespecifications.

(3) The personnel employed by the Operator shall be capable employees, qualifiedin such work.

(4) A fully qualified force shall be on board at the beginning of the Contractperformance and shall be maintained throughout the period of the contract.

(5) All Operator and Sub-contractor employees shall be a minimum of 16 years ofage.

(6) Each employee shall be a citizen of the United States of America, or an alienwho has been lawfully admitted for permanent residence, as evidenced by AlienRegistration Receipt card or who presents other evidence from the Immigrationand Naturalization Service that employment shall not affect his immigrationstatus. Acceptable evidence shall consist of a birth certificate or appropriatenaturalization papers.

(7) The Operator shall ensure that all employees assigned are in good generalhealth, without physical defects or abnormalities which would interfere with theperformance of duties. They shall be free from any communicable disease.

20. Wage RatesOperator agrees to pay not less than the minimum wage rates established by law.Proposed salaries are to be provided as part of this RFP as listed in section 4.3.A-5.

21. Complaints and Non-PerformanceThe Operator shall develop a system for resolving and recording complaints, and recordingthe corrective action taken. The Operator shall make available to facility users informationon the procedure for reporting complaints.

22. Reports, Records and AuditsThe Operator shall submit a quarterly report to the City, the City Manager or designee shallapprove report formatting. Such reports shall include an accounting of the servicesprovided, events held at the facility, attendance, services provided by Operator, andrevenue statements.

An audit for the most recently completed fiscal year shall be submitted annually as soon asthe audit is completed but no later than 6 months after the completion of the fiscal year.The audit of financial statements shall be conducted by a certified professional accountantin accordance with generally accepted accounting principles; reviews or compilations arenot acceptable substitutions for the audited financial statements


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City may review any and all of the services performed by Operator under this Contract.City is granted the right to audit, at Citys election, all of Operators records and billingsrelating to the performance of this Contract. Operator agrees to retain such records for aminimum of three (3) years following completion of this Contract. Any payment, settlement,satisfaction, or release made or provided during the course of performance of this Contractshall be subject to Citys rights as may be disclosed by an audit under this section.

Section 3. Contract

1. Award of ContractThe award of this Contract shall be in its entirety to the Proposer determined to be mostresponsive and responsible.

The City of Dallas reserves the right to reject any and all proposals and to waive any and allirregularities and formalities where it is in the best interest of the City and the facility. Thesubmission of a proposal not in keeping with the City's goals and/or operational precedent,and which could adversely affect the Citys public image, shall not be accepted. The Cityreserves the right to withhold the award of the Contract for a reasonable period of time and

no award shall be made until investigations are completed as to the capabilities of allProposers.

The Contract Documents shall be drafted by the City Attorney's Office and tailored for thisoverall operational procurement. The Operator shall be required to execute the Contract,and provide all documents required after award of the Contract by City Council. TheContract shall be governed by and construed in accordance with the Charter andordinances of City, as amended, and all applicable State and Federal Laws. Theobligations of the parties to the Contract shall be performable in the City of Dallas, DallasCounty, Texas, and if legal action is necessary in connection therewith, exclusive venueshall lie in Dallas County, Texas.

The City's Contract shall be with the successful Proposers only, and shall not include any

third party arrangement.In the event that the successful Proposer does not execute the Contract within thirty (30)days following authorization by City Council, the award of the Contract may then be madeto the next best qualified, responsive and responsible Proposer, or the City of Dallas may,as its exclusive option, decide to request for new proposals..

2. Assignment of ContractA. No Assignment: The Operator shall not assign, transfer, sublet, convey or otherwise

dispose of the Contract or any part therein or its right, title or interest therein or itspower to execute the same to any other persons, firm, partnership, company orcorporation without the prior written consent of the City. Should the Operator assign,

transfer, sublet, convey or otherwise dispose of its right, title or interest or any partthereof in violation of this section, the City, at its discretion, may cancel the Contractand all rights, title and interest of the Operator shall therein cease and terminate, andthe Operator shall be declared in default.

3. IndemnityThe Operator shall agree to defend, indemnify and hold the City, its officers; agents, andemployees/harmless against any and all claims, lawsuits, judgments, costs, and expenses


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5. Termination for ConvenienceThe City may, at its option and without prejudice to any other remedy to which it may beentitled at law or in equity, or elsewhere under this Contract, terminate this Contract, inwhole or in part, by giving ninety (60) days written notice thereof to the Operator with theunderstanding that all work being performed under the Contract shall cease upon the datespecified in such notice. The City shall compensate the Operator in accordance with theterms of the Contract for the Work performed prior to the date specified in such notice andany existing unamortized capital investment.

6. NoticesA. Any notices, payments, statements, or demands required or permitted to be given

hereunder by either party to the other may be effected by personal delivery in writing orby mail, postage prepaid. Mailed notices shall be addressed to the parties at theaddresses appearing below, but each party may change its address by written notice inaccordance with this section. Mailed notices shall be deemed communicated as ofthree days after mailing.

B. All notices required or permitted to be given to the City shall be mailed to the Director ofConvention and Event Services, Dallas Convention Center,, 650 S Griffin St, Dallas, TX75202.

C. All notices required or permitted to be given to the Operator shall be presented to theOperator or mailed to the address indicated in the proposal, unless the Operator shallnotify the City Manager in writing of a change of address.

7. MiscellaneousA. Operator shall thoroughly familiarize themselves with the provisions of these

Specifications and the facilities. After executing the Contract, no consideration shall begiven to any claim of misunderstanding.

B. In the event that either party hereto is prevented from completing its obligations underthe Contract by act of God, strike, lockout, material or labor restrictions by anygovernmental authority, civil riot, flood or any cause beyond the control of the partieshereto, then such party shall be excused from such performance for such period of timeas is reasonably necessary after such occurrence to remedy the effects thereof.

C. The section headings in these Specifications are for convenience in reference and arenot intended to define or limit the scope of any of the conditions, terms or provisions ofthese Specifications.

D. Should any question arise as to the proper interpretation of the terms and conditions ofthese Specifications, the decision of the City Attorney shall be final.

E. No notice to the Operator to quit possession at the expiration date of the term of thisAgreement shall be necessary. Operator covenants and agrees that at the expirationdate of the term of the Contract, or at the earlier termination hereof, it shall peaceablysurrender possession of the premises in good condition, reasonable wear and tear, andacts of God excepted, and the City shall have the right to take possession of the Centeror any portion thereof without being liable for prosecution or any claim of damagesthereof.

F. The Operator shall not allow the distribution of campaign or political literature of any


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(12) Listing of key tasks' to be completed by Proposer upon signing of Contract andprior to assuming on-site management responsibility for the DFM on January 1,2011 (or earlier, if feasible as determined jointly by successful Proposer andCity). Include proposed timeline and estimated costs.

(13) Description of plan to address anticipated uses for the facility for FY10/11 and

beyond. NOTE: Proposer shall be expected to work with the currentcommitments contracted by the City for Shed 2 specialty food and eateriesvendors to take place after January 1, 2011. A list of these agreements will beprovided to the Proposer.

(14) Submission of Proposers plan to consider the continuance of existing staff.

(15) Background materials such as letters of support and information pertaining toProposers qualifications, presenting and facility management experience. Thissection of the proposal shall not exceed five (5) pages.

(16) A manual of proposed operational procedures or a sample manual of operatingprocedures for a facility currently under the management of the Proposer.

(17) A descriptive list of items of equipment and furnishings, including costs that theProposer proposes to provide in compliance with these Specifications.

(18) A list of no less than four (4) clients, with names, email addresses and phonenumbers of contacts, that can attest to the Proposers capacity to provide theservices requested in this Proposal. The references shall include clients to whomwhich the Proposer has provided operational management services within thepast three (3) years.

B. Other Documents: The Proposer shall refer to the Bid Checklist on attachementSignature Page,Instructions,General Conditions for all other City documents to beincluded in the proposal.

C. If the Proposer has any concerns regarding its ability or willingness to meet with anyterms and conditions expressed in this RFP or in the attached sample contract, pleaseinclude a statement that addresses the particular terms and any alternative languagepreferred by the Proposer.

D. The City Council, City Manager and City Attorney may require such other informationas deemed necessary to ascertain the qualifications of the Proposer.

E. The decision of the City as to the acceptable qualifications of the Proposer shall befinal.

4. Format for ProposalProposal shall be contained in one (1) three-ring binder with a maximum size of two (2)inches in diameter. A cover letter and table of contents should be provided on the front of the binder Binder cover shall identify the name of the respondent and the name of the project for

which the Proposal is submitted (Operational Management of the Dallas FarmersMarket BDZ1025 )

Separate and identify each response to Section 3-A (1-18), Section 3-B, and 3-C usingdivider sheets with an integral tab for ready reference.


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Use vertical format on 8 x 11 paper, double-sided if possible Number all the pages consecutively Submit one (1) marked original hard copy proposal and seven (7) electronic

versions (Flash Drive or CD-Rom only).

5. Disqualification of ProposerProposer may be disqualified for any but not limited to the following reasons:

A. Reason to believe collusion exists among the Proposers

B. The Proposer is involved in litigation against the City

C. The Proposer is in arrears on an existing Contract or has failed to perform on aprevious Contract with the City

D. Lack of financial stability

E. Failure to complete RFP forms as requested

F. Failure to meet Specifications

5. Due DateSealed proposals are to be hand delivered or mailed to the Business Development andProcurement office at Dallas City Hall, 1500 Marilla St., Room 3FN, Dallas, TX 75201 bythe time and date identified in the advertisement for Request for Proposals.

All packages shall be clearly marked with the Proposers name and RFP name and number(Operational Management of the Dallas Farmers Market BDZ1025 ). Starting at 2:01p.m. on the specified due date, RFP submissions will not be accepted and will be returnedto the Proposer unopened.

6. Public InformationAll information, documentation, and other materials submitted in response to this RFP areconsidered non-confidential and/or non-proprietary and are subject to public disclosureunder the Texas Public Information Act after the solicitation is completed and contactexecuted with the selected Proposer.

Section 5. Selection Process

1. Request for ProposalsThis RFP shall serve to select a new Operator for the DFM. The RFP provides informationnecessary to prepare and submit a proposal for consideration and ranking by the City ofDallas. Based on the evaluation criteria established for this proposal, each submittedproposal will be reviewed, evaluated and ranked by the City. Based on this ranking, the Citywill select one firm to contract as the new operator for the DFM.

Acceptance of Evaluation Methodology: By submitting its proposal in response to this RFP,proposer accepts the evaluation process as outlined in this RFP and acknowledges andaccepts that determination of the most qualified firm offering the best value to the City may


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require subjective judgments by the owner.

2. Selection Process Estimated Schedule Announcement of RFP August 26 & September 2,

2010

Pre Proposal Meeting and Tour of the DFM September 7, 2010 (1:30 PM)

Request for Proposals Due September 22, 2010

Proposal Evaluations (Includes oral presentations if needed) September 23-30, 2010

Estimated City Council authorization of contract December 8, 2010

Unexpected factors may cause the listed dates to be revised. Any change will be postedon the Citys website as an addendum.

3. Criteria for Review and Evaluation

The following criteria shall be used to evaluate and determine the ranking for the proposals:

1. Proposers Experience and Qualifications (20 points):

(a) Demonstrated knowledge and ability to maintain, manage and operatepublic market facilities or facilities of comparable nature, managing urbancommercial projects, managing specialty retail and market-type areas

(b) Conducting all activities within an oversight frame work established by a

public government body;

(c) Knowledge of the public market business, both nonprofit and commercial,including recruitment of vendors and retention and operations andmarketing;

(d) Demonstrated experience and knowledge of public market labormanagement.

(e) Proposers plan to consider the continuance of existing staff.

2. Proposers plan for the management and operations of the DFM (20 points):

(a) The proposed plan for the management and operations of the facility workstowards achieving the Citys goals for the long-term management andoperations of the DFM;

(b) Strategy to maximize the use of the facility.

(c) Sound fiscal plan for projected revenue to the City, current and futuremanagement, operation and maintenance of the facility

3. Proposers plan for structure rates and projected revenue to the City (30 points):


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(a) Fee rate structure and value of the Proposers financial contribution to theproject, both short and long-term;

4. Proposers financial stability as demonstrated in the financial documentationsubmitted (15 points).

5. Business Inclusion and Development Plan (15 points)

4. Evaluation of ProposalsThe City will evaluate the proposals and a recommendation will be presented to the CityCouncil for approval. The City may feel the need anytime after the initial evaluations toschedule oral presentations of any or all Proposers if deemed necessary. The finalselection, if any, will be the proposal which best meets the requirements set by the City.

5. Contract AwardUpon selection of a successful Proposer, the City and the Proposer will negotiate a finalcontract, based on the terms outlined in this RFP. A sample agreement, with the generalterms for the final contract, is attached as Sample Management Contract. By submitting aproposal, the Proposer agrees to be bound by these terms and conditions unless otherwisenoted in the Submittal.

Upon recommendation of a Respondent by the Review Panel, the Dallas City Council willmake the final decision for approval of the Respondent and its Proposal. In itsconsideration of the Proposal, the City Council may request additional information andpresentation(s) from the Respondent.

Farmers Market Specifications

Documents

Transcript of Farmers Market Specifications