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Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

Contract
for the

Provision of Tearoom Service at Wythenshawe Park - Concession


OPEN PROCEDURE

Procurement Officers Name: Louise Causley Department Name: Corporate Services Date: 29th June 2012

Index PART 1: GENERAL INFORMATION & INSTRUCTIONS Contract Details Timetable Evaluation Criteria Scoring Criteria Price and Quality Criteria Completion and Return of Tender Requests for Information Equal Opportunities PRICING AND PAYMENT INSTRUCTIONS Price Submission Supplementary Information on Pricing Payments QUALITY INSTRUCTIONS Online Quality Submission Offline Quality Submission Sustainability Environmental PART 2: CONTRACT INFORMATION Introduction Specification

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Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

Part 1 General Information and Instructions

Contract Details Timetable Evaluation Criteria Scoring Criteria Price/Quality Criteria Completion and Return of Tender Request for Information Equal Opportunities
Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

Contract Details
Manchester City Council (the Council) is prepared to receive tenders for the Provision of Tearoom Service at Wythenshawe Park - Concession which will be subject to the information, specification and tender package enclosed. The Contract period will be for 5 years with the option to extend for up to an additional 2 years. It is intended for the contract to commence 1st September, 2012 Tenders may not be considered which do not comply with the Councils Terms and Conditions applicable to this contract which are shown as an attachment to this document for downloading The Council cannot guarantee to call off any specific quantities/work during the contract period. In consideration of the agreements on the part of the Council herein contained the contractors agree that they will not during the contract period withdraw their offers contained in their tender. The Council reserves the right to clarify with tenderers once tender responses have been assessed. In the event of such clarifications taking place the unsuccessful tenderers will be informed accordingly. Other things being equal, the Committee will give preference to tenders/quotations containing firm prices. No Conditions submitted or referred to by the Contractor when tendering will form part of the Contract unless specifically agreed to in writing by the Council. The Council is not obliged to award a contract or agreement under this tender process. Tenders that have not been submitted in accordance with the instructions, or are found to be incomplete may be disqualified from the process and will not be considered any further.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

Timetable
The proposed timetable for the procurement process is as set out below: Key Tasks Tender Return Date Evaluation of Responses Award of Contract Commencement of Contract Date to be completed by 30th July 2012 14th August 2012 1st September 2012 1st September 2012

The Council reserves the right to amend the above timetable or extend any time period.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

Evaluation Criteria
The Contract will be awarded on the basis of the most economically advantageous tender to the Council based on the evaluation criteria of 50% Price, 40% Quality and 10% Sustainability. Price With regards to the price evaluation the highest price tenderer will be awarded the maximum price score (50%) and tenderers will thereafter be ranked and scored in accordance with how much less their prices are compared to the highest price, e.g. if tenderer X is 50% less than the highest price it will be awarded 50% less price points than the highest price tender. If 125% less it will be awarded 125% less price score making this a minus score. Quality Weighted scores will be calculated by multiplying the score for each quality criteria by its weighting. The weighted scores will be totaled for each tender. The totals will be normalised so that the normalised highest total will attract the highest quality score i.e. (40%) There is an un-weighted quality threshold of (50%). This means that if a tenderers quality score does not reach the un-weighted quality threshold the weighting will not be applied to the quality criteria and the tender will no longer be considered. Sustainability Weighted scores will be calculated by multiplying the score for each Sustainability criteria by its weighting. The weighted scores will be totaled for each tender. The totals will be normalised so that the normalised highest total will attract the highest quality score i.e. (10%). Please Note: Price, Quality and Sustainability submissions must be completed and returned as requested. The Council reserves the right to disqualify a tender if they have been submitted incorrectly or are incomplete.
Normalise d Weightin g 50% 40% 10%

Criteria Price Quality Sustainability


Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

Site Visits Potential contractors are invited to carry out site visits at Wythenshawe Park Tearooms to enable them to reply to the specification. To arrange a viewing please contact Steve West, Wythenshawe Neighbourhood Manager Tel: Email: 0161 998 2117 s.west@manchester.gov.uk

Scoring Criteria:
The Council will use the following scoring system for evaluating responses where a score is applicable:

Score 0

Scoring Principles Rejected Poor No response provided Evidence is unacceptable or non-existent There is a failure to properly address any issues.

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4-7

The evidence is deficient in certain areas where the lack of detail or relevant evidence requires the reviewer to make assumptions. Satisfactory The evidence is acceptable, but with some minor reservations

8 - 10

Good Evidence that the specification has been met comprehensively

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

Price and Quality Criteria

EVALUATION CRITERIA

SUB WEIGHTIN G

NORMALISE D WEIGHTING
50%

Pricing Quality Grounds for Mandatory Rejection Grounds for Discretionary Rejections Identity of Applicant

(Pass/Fail) (Pass/Fail) (Pass/Fail) (Pass/Fail) (Pass/Fail) (Pass/Fail) (Pass/Fail) (Pass/Fail) 10%

General Applicants Information


Terms and Conditions Employment, Equality and Inclusion Insurance Health and Safety Financial Assessment Technical Assessment Q1.1) Quality Assurance Q1.2) Method Statement Q1.3) Customer Service Q1.4) Staffing & Management Q1.5) Staffing Q1.6) Subcontractors Q1.7) Staff Training Q1.8) Financial Business Plan Q1.9) References Q1.10) Business Continuity Total Sustainability / Corporate and Social Responsibility 5% 30% 10% 5% 5% 5% 5% 10% 5% 10% 100% (100%)

40%

10%

TOTAL

100%

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

Completion and Return of Tender


Please Note: 1. Price, Quality and Sustainability submissions must be responded to as instructed and returned. Council reserves the right to disqualify a tender if either of these are not submitted. 2. Tender submissions must be uploaded into the CHEST portal of the Councils electronic tendering system by no later than:

19:00 hours on 30th July, 2012


You will have open access to the CHEST portal until the above closing date and time should you wish to amend you submission. PLEASE NOTE: THE ELECTRONIC SYSTEM USED FOR THE RETURN OF TENDERS HAS AN AUTOMATIC CUT OFF TIME OF 19.00 HOURS. IT IS IMPORTANT YOU ALLOW ENOUGH TIME FOR YOUR PUBLISHED TENDER TO BE RECEIVED IN THE CHEST BEFORE THE CLOSING DATE AND TIME AS THE CHEST WILL REGISTER IT AS A LATE TENDER. Tenders which have commenced being uploaded before the closing time but have not finished being uploaded by the closing time will be registered by the system as a late tender. PLEASE UPLOAD YOUR DOCUMENTS AT LEAST TWO HOURS OR LONGER BEFORE THE CLOSING TIME. IF YOUR TENDER IS RECEIVED LATE IT MAY NOT BE ACCEPTED. 3. 4. Tenders submitted by post, fax or other electronic means will not be accepted. Failure to comply with the above may invalidate your tender response.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

Requests for Information


Nothing in this invitation to Tender shall bind the Council to accept any tender. Tenderers are requested to note this position when submitting bids. To ensure transparency and fairness to all bidders any inquiries regarding the invitation to tender are to be submitted in writing through the CHEST, no later than 5 working days before close of tender. The Council offers no guarantee that questions received less than 5 working days prior to close of tender are not guaranteed to be answered. No question must be submitted outside the CHEST and may disqualify a tender if a company is found doing so. Any question issued by a tenderer regarding the tender, together with any answers given by the Council may be provided to all tenderers who have been invited to bid. Details of the enquirer will not be disclosed. Contact Details Name Louise Causley

Disclosure pursuant to the Freedom of Information Act 2000


In accordance with the obligations placed upon public authorities by the Freedom of Information Act 2000 ("Act"), all information submitted to the Council may be disclosed by the Council in response to a request made pursuant to the Act. In respect of any information submitted by Tenderers, which they consider to be commercially sensitive, Tenderers should: a) b) c) Clearly identify such information as commercially sensitive; Explain the implications of disclosure of such information; and Detail the envisaged timeframe during which such information will remain commercially sensitive.

Please note, even where information is identified as commercially sensitive the Council may be required to disclose such information in accordance with the Act if a request is received. Receipt of any information marked "confidential" should not be taken to mean that the Council accepts any duty of confidence by virtue of the marking.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Equal Opportunities
1 Compliance with statutory obligations

The successful tender shall, and shall procure that all Sub-Contractors shall, adopt a policy to comply with the Councils statutory obligations under the Equality Act 2010, Article 141 of the Treaty of Rome, or Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2002, and shall comply with best professional practice in relation to equal opportunities and, accordingly, the successful tenderer will not, and shall take all reasonable steps to ensure that all its employees and agents (All Contractors and all Sub-Contractors and all employees and agents of the sub-Contractors and its employees and agents) do not, discriminate against any person because of their sex, sexual orientations, marital status, colour, race, religion or belief, age, nationality (including citizenship), national or ethnic origin, part-time status, fixed term status or on the grounds of their disability, in decisions to recruit, train, promote, discipline or dismiss employees. 2 Codes of practice The successful tenderer shall, and shall procure that its sub-contractors shall, observe the Equal Opportunities Commissions Codes of Practice for employment and equal pay, the Commission for Racial Equalitys Codes of Practice for employment, the Disability Rights Commissions Code of Practice for employment and any codes of practice relation to employment issues from time to time by the commission for Equality and Human Rights. 3 Adverse finding against a Tenderer In the event of any finding of unlawful discrimination including, without limitation, sex, sexual orientation, part time, fixed term, racial, religious/belief, disability or age discrimination being made against the successful tenderer or any of its subcontractors during the Contract Period by any court or employment tribunal, or of an adverse finding in any formal investigation (in the case of discrimination only) by the Equality and Human Rights Commission during the Contract Period, the successful tenderer shall inform the Council of this finding and shall take appropriate steps to prevent repetition of the unlawful discrimination. 4 Provision of Information The successful tenderer shall, on request by the Council, provide the Council with details of any steps taken under condition 3. 5 Circulation of Equal Opportunities and Diversity policy The successful tenderers equal opportunities and diversity policies shall be set out in any instructions circulated to those members of the tenderers staff and subcontractors staff concerned with recruitment, training and promotion, in relevant documentation available to its staff and others and in its recruitment advertisements and other relevant literature.
Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Provision of further information The successful tenderer shall provide such information as the Council may reasonably request for the purpose of assessing the tenderers compliance with the above conditions, including, if requested, examples of any instructions, recruitment advertisements or other literature, and details of monitoring applicants and employees.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Pricing and Payment Instructions

Price Submission
Pricing

Payment
Lodge/Purchase Card Orders Price Increases

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Price Submission
Pricing
1 Tenderers should note that a high standard of delivery of the contract is expected and therefore the successful tenderer will be expected to provide resources sufficient to achieve the required standards at all times. 2 The Council may at their sole discretion require any delivery of the Contract it considers to be unsatisfactory to be re-executed at the successful tenderers own expense. 3 The successful tenderer will be solely responsible for providing all necessary labour, plant, equipment and necessary software and hardware to satisfactorily and safely deliver the provision of the Contract in strict accordance with the Health and Safety at Work Act (1974) and any subsequent amendments thereto or recommendations of the Health and Safety Executive. In carrying out the delivery of the Contract the successful tenderer will exercise all the skill, care and diligence to be expected of a properly qualified and competent person experienced in the provision of a contract similar in nature to the Contract and in relation to projects of a similar size, scope and complexity to the Project. 4 Prices quoted must anticipate all costs in relation to the provision of the contract as NO additional costs will be accepted unless approved in writing by the Council. Additional cost must be declared in the tender documents for these to be considered. All costs in evaluating this tender must be shown by the Tenderer. 5 Fees and prices must be quoted in pounds sterling to a maximum of 2 decimal places and currency fluctuations will not form part of the Contract. 6 All prices tendered must be exclusive of VAT.

Please complete the Excel Pricing Sheet which can be found on the Chest Portal as an attachment for downloading

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Supplementary Information on Pricing


The Council places great importance in maintaining its parks and is confident that we offer some of the best parks in the country. Manchester has proudly achieved more 'Green Flag' park awards than any other city and we are always looking for ways to further improve our parks and green spaces. We want to make sure that all the products offered for sale help to compliment the overall experience of visiting a Manchester Park. If you are successful in securing a concession contract to trade in a Council park, it is important that you sell high quality products to the public at reasonable prices.

Visits to the park


The park use measurement project in 2005-6 (undertaken in consultation with Manchester Metropolitan University) recorded 263,980 visits made to Wythenshawe Park during a 76 day measurement period from February to April 2006. Based upon this, annual pedestrian use can be reliably predicted as 1,292,895 visits per year. This is likely to be underestimated as the survey was carried out sometime ago. The park offer has vastly improved in the interim time and we would now estimate that the park visitors numbers are well over 2 million a year. Manchester Parks, welcome the introduction of new and more diverse product lines. We recognise that this could be a productive way to develop your business and to cater more comprehensively to the demands of the park's visitor market. However, new products and their pricing structures (beyond those listed in your submitted menu) may only be introduced following consultation and then written permission from the nominated Council officer. Contractors may apply a price increase to their range of products once per calendar year only, and may only increase prices only by a factor less than or equal to the official Retail Price Index. Permission to increase prices above the rate of the Retail Price Index will be granted at the sole discretion of the Council, following consultation and written permission from the nominated Council officer. Any increase prices above RPI will only be considered in exceptional circumstances, and the Council reserves the right to request detailed evidence of increased costs to substantiate such claims.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Payments
Payments will be invoiced by the Neighbourhood Manager by arrangement annually at the end of each season.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Quality Instructions

Online Quality Submission Offline Quality Submission Sustainability Environmental

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Online Quality Submission


The Online Quality Questions can be located in The chest after you have registered your interest and obtained access to the documents via the email link. To access the Online Quality Questions you need to carrying our the following actions: 1. 2. 3. 4. 5. Click on view ITT this allows access to view the ITT it does not allow you to submit your responses. To submit your quality responses you must Return to the main screen by clicking on the Finish button at the bottom of the page Click on view responses this will take you into a new page Scroll down the page to Step 2 (online questions) and click on Edit to the right of the heading (at the end of the row) Click on the document under the heading, you will then be able to commence completion of the online quality questionnaire.

The online system has been programmed to store a response for either 30 days, 6 months or 1 year (dependant on the question being asked). Should you be invited to tender for other projects within these periods the system will automatically use the stored responses to populate a new questionnaire provided the response is still valid (a valid response is indicated by a green tick on the system). It is your responsibility to ensure that all responses are still valid and updated accordingly as information that is out of date will affect your submission. As guidance the information you should check is still valid are: Certificates Policies Safety, Insurance, Quality, Sustainability etc. this list is not exhaustive therefore you should check for others within your response. Accounts The above list is not exhaustive therefore you should check within your response all information submitted is valid.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Offline Quality Submission


The Offline quality questions can be found in the documentation titled Documents to be returned under the heading of Quality Questions. You are required to Respond to all questions Attachments to support your response must clearly identify which question the attachment is applicable to by referencing the response with the Questions Number. The document folder name to be uploaded onto the Chest must include the question number for identification. e.g. document name: Q1.1 Quality Policy

(An attachment must only refer to one question) If your attachment does not identify which question it is referring to the response may be disqualified and will not be considered or scored. General promotional material must not be submitted as a response to the quality questions. This will not be considered or scored.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Sustainability
The Council is embedding the principles of sustainability within its procurement activities to ensure that only Value for Money products and services are selected and that in all cases a balanced consideration of social, ethical, environmental and economic impacts are undertaken throughout the procurement process. Council employees, are aware of the commitment to long-term social, ethical, environmental and economic sustainability. We will seek to protect and enhance the environment and create better lives, well-being and opportunities for the people of Manchester through our procurement process. The Council is committed to the responsible management of its procurement process in order to deliver value for money, whilst actively pursuing environmental and socially responsible products, services and buildings. Key Objectives Carbon Reduction - the need to minimise emissions and reducing the negative impacts of transportation when purchasing goods and services Reduce carbon dioxide and other greenhouse gas Considering the environmental performance of suppliers and contractors, and encouraging them to conduct their operations in an environmentally sensitive manner Reduce waste by managing demand, rethinking needs, reducing, reusing and recycling Promote equality, diversity and inclusion Maximizing the opportunities for employment and economic gain within Manchesters communities.

All tenderers, Suppliers, and Organisations, interested in doing business with Manchester are required to promote and demonstrate they have a sustainable approach within their own business.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Environmental
Guidelines help companies measure, manage and report their environmental impacts. Managing and reporting on environmental performance can lead to significant business benefits as well as benefits for the environment. For companies with no Environmental Policy if you wish to set one up we would expect to see the following: Provide a comprehensive high quality, cost effective, customer orientated service for the Authority and its citizens, and is committed to delivery through works where Quality, Service and Performance are paramount, whilst minimising its effect on the environment; Continual and measurable improvement in our environmental performance and prevention of pollution; Compliance with all relevant legislative and statutory environmental requirements; Promoting the conservation and sustainable use of natural resources, by adopting energy and water saving measures, utilising renewable technologies and the procurement of products with a high recycled content; Ensuring all our activities are conducted in such a way to cause minimum negative impact on the environment; Minimising waste product, disposing of waste in a proper manner using registered carriers and recycling suitable materials wherever practicable; Promoting the use of products that have a low environmental impact in their production, use and disposal and achieving reductions in the use of environmentally unsuitable products;

In order to achieve this, [company name] will: Operate an integrated environmental management system and adopt working practices that minimise the negative effects and/or enhance the positive effects the department has on the environment; Where appropriate set objectives and targets to promote continuous improvement, measurement and reporting of our environmental performance; Audit and review environmental performance and the effectiveness of the environmental system; Train and educate all employees in respect of our environmental policies, objectives and responsibilities and encourage the contribution every employee can make towards improving environmental performance; Work with our contractors and suppliers to help them improve their environmental performance and encourage that when working in Manchester they adopt equivalent environmental standards All employees, clients, suppliers, subcontractors have been made aware of this Policy Statement. For your policy to be accepted it must be signed and dated by the owner or person responsible for the business i.e. Chief Executive/Managing Director/Owner.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Part 2 Contract Information

Introduction Specification

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Introduction
In order to assist in your application decisions, a brief introduction to Wythenshawe Park is offered below. While every effort to ensure factual accuracy has been made, we cannot accept responsibility for any errors within, or misinterpretation of, this information. We would be happy to answer any questions related to the park and, if requested, Neighbourhood Services will make every effort to provide a tour of Wythenshawe Park for interested applicants, prior to the deadline for submission of tenders.

Wythenshawe Park
Wythenshawe Park is a unique urban green space set in 109 hectares of open parkland. This regional park, the second largest in Manchester is truly a peoples park, offering something for everyone all year round drawing in a wide audience from the surrounding area and further a field. With its old hall and multiple attractions from the Horticultural Centre, Wythenshawe Park Community Farm, Riding Stables, Childrens Play Ground, Woodlands, Open spaces and Sports Facilities. Wythenshawe park is at the heart of the Wythenshawe community, a flagship park for all the wards of Wythenshawe, Its the largest and most diverse open green space in the south of the city, achieving Green Flag status for the past seven years. The park also offers diverse activities and events to the local community and the city wide audience. There are educational activities for local schools, summer music performances, holiday activities as well as larger events such as Bonfire Night where this year we had record numbers attending. The Courtyard Tearoom opened in Easter 2008 and has been a welcome new addition to the park. From the summer holidays the opening times originally weekends and school holidays - were extended to seven days a week. The Spooky Trail, Christmas in the Courtyard and the Brass Band season are helping to establish the stable courtyard as an event venue. The space has also been utilised, successfully, as a conference, training and meeting room facility. This includes Horticultural Centre Friends talks, MCC bee training, and a drinks reception for the Wythenshawe Real Lives campaign. There is an opportunity to use meat from the Community Farm and fruit and vegetables grown by Adult Social Care on site. This will raise the bar, giving the menu a quality, home-grown feel, locally sourced, that will be attractive to customers.

Location
Wythenshawe Park Wythenshawe Road Wythenshawe M23 OAB Wythenshawe Park is located just six miles from the heart of the city and only minutes from the M60 motorway. By road leave the M60 at junction 5 or M56 at Junction 3 onto Princess Parkway. By bus there are numerous buses that pass near the park. Bus stops
Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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are located nearby on Princess Parkway, Wythenshawe Road and Altrincham Road with the main entrance into the park being off Wythenshawe Road. The Tearoom is located within the historic stable courtyard just off the main drive opposite the childrens play area.

History
Wythenshawe Hall was the home of the Tatton Family, who were the major landowners in North Cheshire. The original hall was built around 1540 but has been altered and extended over the centuries as family fortunes changed. Due to an increasing population in the years after the First World War and the Garden City movement, Manchester Corporation approached Thomas Tatton to obtain Wythenshawe Park and the Tatton land for housing. Thomas Tatton resisted all offers but after his death in 1924 his son, Peter finally agreed to the sale in 1926. The hall and park were sold to Ernest and Sheena Simon, later Lord and Lady Simon, who immediately gave them as a gift to the City for the enjoyment and recreation of the people of Manchester. Wythenshawe Hall is a grade II listed building having its origins in the 16th century timber framed central section of the building, and has a well documented history with 18th and 19th century additions that included conservatories. These were demolished in 1951 when the rear face was substantially altered. The conservatories were complimentary to the ornamental gardens to the west of the hall and arranged around the stables block (late 18th century ) and associated dairy ( since demolished).

Front view of Wythenshawe Hall


Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Visits to the park


The park use measurement project in 2005-6 (undertaken in consultation with Manchester Metropolitan University) recorded 263,980 visits made to Wythenshawe Park during a 76 day measurement period from February to April 2006. Based upon this, annual pedestrian use can be reliably predicted as 1,292,895 visits per year. This is likely to be underestimated as the survey was carried out sometime ago. The park offer has vastly improved in the interim time and we would now estimate that the park visitors numbers are well over 2 million a year.

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Map of Wythenshawe Park

Location of Tearooms within Wythenshawe Park

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Courtyard Tearooms

Fig 1 Main Room with counter area in Tea Room

Fig 2 Large Room in Tea Room

Fig 3 Office and toilets

Fig 4 Courtyard Tea Room

Fig 5 Courtyard Tea Room and Barn 1

Fig 6 Barn 2 and Wardens Office

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Overview of Tearooms area layout Total square meterage is 224.34m2

Kitchen - 15.1 m2 Tea room - 58.85 m2 Tea room (extension) - 107.91 m2 Store room - 42.48m2

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Equipment List (the Equipment) DESCRIPTION pizza cutter fish slice tongues stainless steel tongues plastic fish & chip wire baking tins hand blender potato masher flan rings cake tins 4 slice toaster food order clip cooking trays roasting tin frying pan pans medium pans small colander strainer soup tureen safe scales dishwasher - washtite dishwasher racks paper hand towel holder QUANTITY 1 1 3 4 2 4 1 2 3 3 1 1 2 1 2 4 2 1 1 1 1 1 1 4 1

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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soap dispenser cooling wire straw holder glass jugs bud vases bar trays cutlery baskets chocolate shaker milk jugs plates - large sugar bowl glass tumblers menu holder water boiler - buffalo high chair tearoom caf - A sign hall - A sign waste bins stove/oven - bluesteel double fryer - lincat welsh dresser & ornaments leaflet display stand chalk boards notice boards table stainless steel water boiler - burco trolley barbeque freezer upright

1 2 1 3 11 6 2 1 2 6 23 22 26 1 4 1 1 3 1 1 1 1 4 2 1 1 1 1 1

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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freezer chest chaffing dishes & inserts cookie oven water boiler - bravilor coffee machine - bravilor racking - free standing racking - mobile cutlery trays menu holders coffee purifier tea pot stainless steel metal storage cupboard heaters sack holder heating fans round tables large round bar tables garden table - white garden chairs - white cooks knife cooks knife cooks knife cooks knife knife magnet chopping board chopping board chopping board chopping board

2 4 1 1 1 7 2 2 20 3 5 2 3 1 2 8 6 1 25 1 1 1 2 1 1 1 1 1

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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chopping board chopping board board rack thermometer pie lifter turner serving spoon soup ladle scissors grater hand can opener jug bowl (mixing) bowl (mixing) bowl (mixing) basket salt and pepper pots - glass vacuum jug health and safety sign wash hands sign espresso cups saucers tea cups saucers latte mugs tea pots (small) tea pots milk jugs (small)

1 1 1 2 4 1 2 4 2 1 2 3 1 1 1 2 49 3 1 1 12 12 260 258 166 37 26 62

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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milk jugs table knife table fork dessert fork soup spoon dessert spoon tea spoon side plates 6'' dinner plates 9'' soup bowls glasses sharp XE-A213 cash register buffalo contact grill double king Edward classic compact potato baker samsung microwave polar display cooler - 2 door sliding gram upright lockable storage chiller gram upright lockable storage freezer easy zap insect killer Bolero wooden highchair 6@ 32.39 each bain marie dry 4 pot ice cream bowls sundae glasses grey transport trolley black trays freezer coffee machine

48 36 108 48 96 108 24 84 84 12 22 1 1 1 1 1 1 2 1 4 1 12 42 2 67 1 1

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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courtyard table courtyard chair pack of 2

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Specification Index
1 1.1 1.2 2 3 3.1 3.2 3.3 4 4.1 4.2 4.3 5 6 7 8 9 10 10.1 10.2 10.3 10.4 General Overview Brief Description of Service Function Hygiene, Food Safety and Safety Service Standards Menus and Meal Supply Charges to the Public Uniforms Auditing and Performance Monitoring Trading Report Turnover Figures Customer Feedback Use of Location and Facilities Cleaning, Repairs and Maintenance Staffing, Management and Training Marketing, Advertising and Promotion Security Opening/Operating Hours Equipment, Stocks & Supplies, Administration & Consumables Equipment and Tableware Stocks and Supplies Administration Consumables

Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

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Insurance

INTRODUCTION
The specification sets out the nature of the services to be provided. Where quality standards are set out, they are the minimum acceptable levels to be achieved on a consistent basis. The specifications are not exhaustive and are to be taken as indicative of the general standards which are to be achieved. Where the services required are described, this is to give a broad indication of the type of services currently envisaged. It is expected that the Contractor will cooperate with the Council during the course of the contract to provide such services as are required and to develop and improve the services to meet changing needs.

1. GENERAL OVERVIEW
1.1 Brief Description of Service

The Contractor will offer a quality Tearoom service to members of the public. 1.2 Function

We are looking for a contractor who shall:1. Provide well run Tearooms which offers beverages and foodstuffs on a value for money basis. Provide an occasional licensed bar service, to be run either from the Tearooms.

2.
1.

HYGIENE, FOOD SAFETY & SAFETY

The acceptable quality standard should reflect best practice and the Council takes for granted that the food will be prepared, cooked and served in a healthy, safe and hygienic manner. The Contractor must use due diligence in the procurement, storage, preparation and usage
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of all food and beverage materials and ensure all food provided meets current UK laws governing the sale and consumption of food, as covered by the Food Law Guide on the Food Standards Agency website; 2. The Contractor will be expected to offer an element of Fair Trade, organic, locally sourced and free range products where feasible and economically practical as part of their offer. The catering offer will be agreed in the light of the successful tender and the quality must reflect the descriptions/illustrations and prices in the tender. The quality, freshness and presentation of food should be consistent throughout the service. The Contractor will institute and maintain a properly documented system of quality control to ensure that the Contract Standard is at all times properly maintained. The system will be operated by a Contractors nominated representative and will not rely on completion of documentation by the Councils supervisory staff who should nevertheless be consulted by the Contractor as appropriate. The system will be open to inspection by an Authorised Officer and such inspection combined with observation will be capable of indicating to the Council whether or not the Contract Standard is being met. The quality control system will supplement any monitoring that may be instituted by the Council and will not be a substitute for it. In addition to any more specific obligations imposed by the Contract Documents it will be the duty of the Contractor to ensure that all food and beverages provided by the Contractor are safe and wholesome and are reasonably presented and are suitable for sale to Customers. All products supplied to the Tearooms must meet ALL current UK/European legislation pertaining to the production, supply and delivery of foodstuffs for human consumption. Contractors must be able to demonstrate full product trace-ability for all goods to be delivered to the Council.

3.

4.

5.

6.

The Contractor will comply with all applicable licensing law, legislation and Regulations including the Food Safety Act 1990 and amendments EC 852/2004, Food Safety (General Food Hygiene) Regulations 1995, Food Safety (Temperature Control) Regulations 1995, Food Standards Agency codes of conduct and guidance; The Contractor will maintain systems for ensuring food is handled, stored, prepared and looked appropriately and provide daily evidence of food temperature control at the key points of delivery including time and temperature of cooking, processing and storage. Contractors records will be available for inspection; 8. The Contractor will clearly label all foods containing nuts and other potentially harmful ingredients both on the menu and on any service platters, counters or other places where food is served; 9. The Tearooms are subject to inspections by the local authority Environmental Health officer. The Council may carry out additional nspections. These will not normally be announced in advance and will form part of the performance-measuring programme.

7.

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10.

The Contractor will comply with any directions given in relation to fire safety and emergency evacuation of the Tearooms and participate in relevant training offered by the Council. The Contractor will be responsible for all relevant H&S legislation in regard to all hand held electrical appliances in their designated areas (PAT testing). These must be recorded and a copy provided to the Council annually.

11.

12.

For all services, the Contractor must ensure that a suitable size First Aid Kit be available / carried at all times and a least one member of staff in attendance be trained in Emergency Treatment of Casualties all as approved by the Health and Safety Executive for the purposes of the Health and Safety (First Aid) Regulations 1981.

3.

SERVICE STANDARDS
Service should be a minimum of counter/table service; menus should be displayed on the tables and also behind the service counter. Adequate staffing levels are required to service the Tearooms and corporate/event catering provision (tenderers are asked to demonstrate their staffing levels in their tender submission). Service must be prompt, friendly and efficient, recognising the needs and circumstances of the customer.

3.1 1. 2. 3. 4.

Menus and Meal Supply Menus, tariffs or changes thereof must be submitted to the Authorised Officer for prior written approval. The Contractor will not alter any pricing, portion size or product without the prior written approval of the Authorised Officer. Proprietary goods purchased for immediate resale must be sold to Customers at no more than the manufacturer's recommended retail price. The Contractor will comply with and maintain the system for ascertaining the needs of Customers for the provision of the Service and will ensure that its staff meets those needs promptly and efficiently. The Contractor will ensure that an adequate reserve of food and beverages and any staff necessary to serve it is available at the Tearooms at all times to meet the demands reasonably likely to occur for the provision of the Service in accordance with the Contract Standard. Charges to the Public Full details of all proposed charges to the public must be provided with the tender. (See also individual specifications). The Council will also have the right to renegotiate such charges from time to time as the contract proceeds. These or any

5.

3.2

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other charges may only be implemented when approved by the Council in writing. 3.3 Uniforms All Contractors staff are to be easily identifiable whilst in the park and will be required to provide all staff with a suitable simple uniform, e.g. co-ordinated work trousers and polo/sweatshirts in a colour to be agreed. The Council must agree any logos or branding that are used.

AUDITING AND PERFORMANCE MONITORING


In the event of an unsatisfactory level of quality being sustained, the Contractor will be notified of the defaults and the time by which they must be rectified. If performance remains unsatisfactory, the contract may be terminated.

4.1 1. 2.

Trading report Each month (trading period) and within two weeks of the end of the previous agreed trading period, the Contractor will present a trading report. Contractors will be required to submit total user figures/sales and turnover at the end of each operating season by the end of October each year broken down weekly. Park Management reserve the right to request this information at any time during the contract period. Turnover Figures Turnover figures will be assessed against measured footfall figures in parks. Reviews will be carried out on turnover figures to see if park visitors are using the services provided by the concessions provider. Where it is found not to be financially viable a decision and agreement between parties will be made as to whether or not the service should continue. Turnover figures, using the approved spreadsheet, must be sent to the Council by 5pm on the Wednesday following the period end. If successful, you will be required to return this spreadsheet on a 4/5 weekly basis (12 times per annum) to the Council via email, facsimile or other approved method. Further details will be confirmed on a park by park basis once awarded, including where and how to send the spreadsheet. Appendix A, Park Turnover Spreadsheet, showing an example turnover spreadsheet, can be found as a separate attachment, although the spreadsheet may be amended. Customer Feedback A record is to be kept of all customer comments and criticisms arising from the Contractors operation of the Services and the resulting action. The Contractor

4.2 1. 2.

3. 4.

5.

4.3 1.

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must notify the Council of any serious customer complaints as soon as it is reasonably practicable. 2. The Contractor will at the request of the Authorised Officer, in the places and in a form approved by him, arrange for notices to be permanently displayed giving information as to how complaints by Customers about the provision of the Service may be made. The Contractor will deal with any complaints received from whatever source in a prompt, courteous and efficient manner. The Contractor will keep a written record of all complaints received and of the action taken in relation to such complaints. Such records will be kept available for inspection and copying by the Authorised Officer at all reasonable times. The Contractor will notify the Authorised Officer forthwith in writing of all complaints received and of all steps taken in response thereto.

3.

5
1.

USE OF LOCATION AND FACILITIES


The Contractor is to allow for the fact that from time to time, there are a number of special events or activities which take place in the park and which may cause minor disruption or require co-operative adjustment to the services being provided under the contract e.g: Large themed events, such as sport festivals and music concerts. Social/Educational events, such as local theatre groups. Commercial events such as filming on location, funfairs, etc. 2 Contractors should note that during these special events, Contractors should be aware that other concessions may be operating in the park during the time that the specific Event is being held.

3. 4. 5.

The Contractor is responsible for providing risk assessments associated with the use of the Tearooms and events and activities. The Contractor is expected to work in partnership with the Wythenshawe Park Management team to develop a programme of events and educational activities. The Contractor will ensure that neither the Contractor nor its employees or agents will do any act or thing at the Tearooms or the Location other than the proper performance of the Service. The Council will during the Contract Period, and subject to clause 9, license or permit the Contractor to use in connection with the provision of the Service the Tearooms and the Equipment for catering and the utilities as specified in the Specification, or (in respect of the Tearooms) such other area or areas as the Council from time to time designate, and which use shall be in common with the Council and all others authorised by the Council far as is not inconsistent with the provision of the Service. The Contractor will use the Tearooms and the Equipment for catering and the

6.

7.

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utilities only in connection with the provision of the Service and will ensure that the Contractor's employees use the same only for such purposes. 8. The licensing or permitting of the use of the Tearooms and the Equipment and the utilities is personal to the Contractor and the Contractor's employees and will cease at the end of the Contract Period or upon the earlier termination of the Contract, or at such earlier time as may be specified by the Council by notice in writing to the Contractor. The parties agree that there is no intention on the part of the Council to create a tenancy of whatsoever nature in favour of the Contractor or its employees in respect of the Tearooms and that no such tenancy, or the relationship of landlord and tenant, has or will come into being and the Council retains the right at any time to use and/or authorise any other person to use the Tearooms. The Contractor acknowledges that its use of the Tearooms shall be coincidental to the purpose of providing the Service pursuant to the Contract. The Contractor may gain access to the Tearooms for the purpose of providing the Service within the normal operational hours applicable to the Location as determined from time to time by the Authorised Officer. Any access outside of such hours, require the prior written permission from the Authorised Officer. Access to and within the Tearooms from any part of the Councils premises and times of access whether by the Contractor, its employees, its subcontractors or the Customers or by vehicular traffic will be by routes agreed by the Authorised Officer and the Contractor will ensure that such arrangements are observed at all times. The Contractor will, on discovery of any defect or default in the Tearooms, or the plant or equipment forming part of the fabric of the Tearooms, report the same to the Authorised Officer. Save as permitted under clause 6(6) the Contractor will not carry out or make any alterations, modifications or additions to the Tearooms or any part thereof or alter or modify any of the plant or equipment installed at, or any of the services serving, the Tearooms. There is no telephone landline provided in the Tearooms and associated areas. The Contractor may install its own external telephone line subject to the prior written approval of the Authorised Officer such approval not to be unreasonably withheld or delayed and will be responsible for the payment of all charges associated with all installation, rental and call and also any disconnection charges. Please Note: If the contractor does require a landline to be installed, details of provider, account details, etc should be passed to the Neighbourhood Manager. 15. 16. The Contractor will be responsible for the setting up and laying out of the furniture and equipment in such manner as shall be agreed with the Authorised Officer. The Council will provide electricity, water and drainage to the Tearooms. The Council will not be liable for any temporary interruption or withdrawal of these

9.

10.

11.

12.

13.

14.

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utilities, due to maintenance work or factors outside the Councils control. Also the Council will not be liable or responsible to the extent that any interruption or withdrawal is due to any damage caused by, or as a result of, any deliberate act or default of the Contractor or anyone at the Tearooms expressly or by implication with their authority and in which respect the Contractor shall, without prejudice to the generality of clause 11, reimburse the Council on demand with the cost incurred by the Council in reinstating the provision of the appropriate service or services as is interrupted or withdrawn. 17. The Council shall be responsible for the payment to the suppliers of charges for electricity, and water consumed or used at or in relation to the Tearooms, including meter rents and standing charges, provided that the use of such supplies incurring such charges shall be reasonable having regard to the provision of the Service at the Tearooms. Where the Tearooms are separately rated for business purposes and otherwise treated separately for other outgoings of a periodically recurring nature the Contractor shall be responsible for the payment of all rates, taxes, assessments, duties, charges, impositions and outgoings that are now or may at any time during the Contract be charged, assessed or imposed upon the Tearooms or on the owner or occupier of them (A) Where the Tearooms are not separately rated for business purposes or otherwise treated separately for other outgoings of a periodically recurring nature the Contractor must pay, and must indemnify the Council against, the proportion reasonably attributable to the Tearooms of all rates, taxes, assessments, duties, charges, impositions and outgoings that are now or at any time during the Contract may be charged, assessed or imposed on the Tearooms together with any other property. (B) Such proportion shall be assessed by the Council on a reasonable basis.

18.

19.

(C) The payment of any such proportion must be made to the Council on the Councils written demand. 20. The Contractor must comply with the lawful requirements and regulations of the respective suppliers of electricity, water, gas, telecommunications and other services to the Tearooms. 1. Storage at the Tearooms is limited. The tenderers will therefore need to satisfy themselves that storage is viable for their business model. It is also brought to the tenderers attention that no separate office space is being offered. The Contract, and any extension of the same, shall, for the avoidance of doubt and without prejudice to the provisions of clause 5(9), exclude any rights the Contractor may obtain under the Landlord and Tenant Act 1954 under or pursuant to the Contract and in which respect, prior to the coming into effect of the Contract, including any extension of the same, the Council shall serve the requisite warning notices in the form set out in Schedule 1 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 and the Contractor shall swear a statutory declaration as shall be required to exclude any such rights under the Landlord and Tenant Act 1954 and in which respect the

21.

22.

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Contractor and the Council agree the following provisions shall apply when the Contract comes into effect: (1) Notice and declaration The Council has served on the Contractor a notice ("the Notice") in the form set out in Schedule 1 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 ("the Order") and the Contractor, or a person authorised by the Contractor, has made a statutory declaration ("the Declaration") in the form as required by paragraph 4 of Schedule 2 to the Order in relation to the Notice. (2) Agreement to Exclude Pursuant to the provisions of the 1954 Act Section 38A(1), as inserted by the Order, the parties agree that the provisions of sections 24 to 28 (inclusive) of the 1954 Act shall not apply to any tenancy which may be created by the Contract including any extension thereof. (3) Confirmation as to the Declaration The Contractor confirms that where the Declaration was made by a person other than the Contractor the declarant was duly authorised by the Contractor to make the Declaration on the Contractors behalf. 23. The Contractor shall comply in all respect with the requirements of any statutes applicable to the Tearooms, so far as the same shall be their responsibility under the Contract, or the provision of the Services and any other obligations so applicable imposed by law or by any byelaws and will not do anything that will or might constitute a breach of any statutory requirement affecting the Tearooms or the provision of the Service or that will or might wholly or partly vitiate any insurance effected in respect of the Tearooms from time to time.. (A) The Justices / Alcohol Licence for the Tearooms shall be held in the name of the Council or an officer of the Council with an employee of the Contractor being the designated premises supervisor in respect thereof, at the Contractors cost. (B) The Contractor shall nominate a responsible person who shall be available upon the request of the Authorised Officer to act as designated premises supervisor of the Tearooms. (C) The Contractor shall comply and shall ensure that its employees comply in all respects with licensing requirements for Council premises. (D) The Contractor shall make its employees available when required by the Authorised Officer to attend any legal or other proceedings relating to the licensing of the Tearooms. 25. Nothing in clause 24 shall permit or authorise the sale of alcohol from the Tearooms other than at such times and in such manner as shall first be authorised in writing by the Council. The Contractor shall not overload the capacity of any conducting media or services serving the Tearooms. CLEANING, REPAIRS AND MAINTENANCE The Contractor is responsible for cleaning tables and ensuring the Tearooms are

24.

26. 6. 1.

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kept clean and tidy throughout. In the event that debris is left on a table or anywhere else, it should be cleared within 10 minutes of the table being vacated. 2. The Contractor is responsible for the day to day cleaning of the Tearoom, Courtyard and public toilets and is responsible for overall cleanliness of the kitchen and public seating area, to standards that are to the satisfaction of the Council. Cleaning methods and chemicals are to be discussed with the Council to ensure no harmful effect upon the fabric of the building. The Contractor must have due regard for COSHH Regulations, including the safe storage and use of cleaning materials to include COSHH data sheets. The Contractor is responsible for deep cleaning the kitchen, counter and service areas (i.e. wall areas above 2 metres in height, all ceiling surfaces, ventilation canopy and filters and degreasing of all equipment) once per year (or more frequently if required). All deep cleans will be supervised on site by the Contractor and subject to inspection and approval by the Council before the catering areas can be brought back into use with any necessary corrective action identified as a result of any inspections being carried out by the Contractor, at their own expense. The Contractor will ensure that the Tearooms and the surrounding area are kept clean and tidy and free from litter. The Contractor will remove all waste from the kitchen off site. All waste to be appropriately bagged. The Contractor shall be aware that the building of which the Tearooms forms part is a Listed Building. The Contractor shall, with the prior consent on writing of the Council, be permitted to paint, redecorate (such painting and / or redecorating to be with two coats of good quality paint) and paper such parts of the interior of the Tearooms previously or usually so treated in a good and workmanlike manner, with appropriate materials of good quality, to the reasonable satisfaction of the Council, the colours and patterns of the decoration to be first approved in writing by the Council. The Contractor shall be responsible for the payment of all damage to the Tearooms caused by the Contractor or the Contractors negligence The Contractor is responsible for the maintenance and testing of all associated equipment and the buildings pre-programmed maintenance, Fire Safety Equipment. Electrical testing, Legionella and Monitoring.

3.

4. 5. 6.

7.

8.

The Contractor will take the Tearooms in their existing condition and be responsible for any works necessary to make it suitable for the proposed use. Any proposed works must be first approved in writing by the Council . On vacation of the Tearooms, the Contractor will leave the same in a neat and tidy condition and, if required by the Council, reinstate the same to the existing layout and condition as existing at the date of the Contract and any damage shall be made good to the satisfaction of the Neighbourhood Manager.
Tender reference: CP/LC/TC683 Tender Title: Tearoom Service at Wythenshawe Park - Concession Date: 29th June 2012

9.

43

10.

The Council will be responsible for cleaning, maintaining and repairing the fabric of the Tearoom building but the Council will not be responsible for putting the Tearoom building into any better state or repair than that as exists at the date of the Contract. Where any works are required to the Tearooms, whether internal or external, due to any damage caused by, or as a result of, any deliberate act or default of the Contractor or anyone at the Tearooms expressly or by implication with their authority the Contractor shall be responsible for the payment for the cost of such works and such payment must be made to the Council on the Councils written demand. Prior to completion of the Contract the Council shall prepare, and the Contractor and the Council shall agree, a photographic schedule of condition recording the current (as appropriate) condition and layout of the Tearooms, including the facilities forming part thereof, and the Equipment and following agreement of such Schedule the same shall be deemed to be annexed to and form part of the Contract.

11.

7.
1.

STAFFING, MANAGEMENT AND TRAINING


The Contractor must provide sufficient trained management and staff of appropriate ability, skills and experience to provide a professional and efficient service. The Contractor will also ensure that there is an adequate complement in reserve of trained and competent staff, available to cover for holidays, sickness or any other absence. The Manager or nominated Deputy will be available at all times during the opening hours of the Service. The Contractor will maintain proper standards of food safety, personal hygiene and personnel apparel. Staff must be smart. All staff must be appropriately dressed when cooking, cleaning and carrying out other tasks. The Contractor will ensure that the Manager is fully aware of the obligations in relation to the operation and that the Manager complies fully with such obligations. The Contractor will conform to the Councils equal opportunities and valuing diversity policies, or any such subsequent policies, in every respect and not discriminate in relation to employment on the grounds of sex, sexual orientation, colour, race, ethnic or national origin, or religion.

2. 3.

4.

5.

8.

MARKETING, ADVERTISING & PROMOTION


The Contractor will market and promote the Tearooms in an appropriate and professional manner, with the agreement of the Council. The Council is willing to consider any suggestions / offers which the Contractor may put forward with regard to advertising and/or sponsorship arrangements. No advertising or sponsorship of any kind will be allowed without the prior written approval of the Authorised Officer.

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1.

The Contractor will brand (Wythenshawe Park only) and market the services in accordance with the Specification as reasonably requested by the Authorised Officer. The Contractor will meet all costs associated. All proposals for advertising or marketing the Service and/or the Tearooms and all proposed materials must be agreed in writing in advance with the Authorised Officer. The Contractor will obtain irrevocable waivers of moral rights in respect of any work arising as a result of the Services carried out by or on behalf of the Contractor under the Contract. The Contractor agrees that, at the request of the Council, it will do everything and execute all documents as may reasonably be required to effect the transfer of, protect or enforce the rights assigned to the Council pursuant to the Contract. The Contractor undertakes that, as between Contractor and the Council the Brand Identity will be exclusive to the Council and that the Contractor has not in the past nor will it in the future develop any substantially similar Brand Identity for any of its other clients. The Contractor will be responsible for all marketing costs. The Contractor will use best endeavours to ensure that the author of any Intellectual Property created as a result of the Services carried out by or on behalf of the Contractor under the Contract, if such author is employed by or otherwise retained by the Contractor, will at the time of creation by a qualifying person within the meaning of the Copyright, Designs and Patents Act 1988, s.154. The Contractor acknowledges that it is not granted any rights or licences in respect of the Councils Intellectual Property other than as expressly set out in the Contract. The Contractor will not during the continuance of the Contract or at any future time register or use any of the Councils Intellectual Property in its own name as proprietor. The Contractor will not use any of the Councils Intellectual Property as part of the Contractors name or the name of any person associated with it or for any purpose not expressly authorised by the Contract without the prior written consent of the Council. The Council hereby grants the Contractor a non-exclusive licence to use the Brand Identity and all the said proprietary rights for the sole purpose of providing the Service pursuant to the Contract. Immediately upon expiry or termination of the Contract, the Contractor will cease to use the Brand Identity in respect of the Location and the Service only, not in respect of other premises.

2.

3.

4.

5.

6. 7.

8.

9.

10.

11.

12.

9.

SECURITY OPENING / OPERATING HOURS

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1.

The Contractor is responsible for the day to day management of the Tearooms opening and closing times working in partnership with the Park Management Team. It is envisaged that the Tearooms will operate 52 weeks of the year. The core hours are as follows: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Bank Holidays 9 am - 5 pm 9 am - 5 pm 9 am - 5 pm 9 am - 5 pm 9 am - 5 pm 9 am 5 pm 9 am 5 pm 9 am 5 pm

If the Contractor wishes to operate any particular service outside of these times then this may be allowed (entirely at the discretion of the Council) subject to the written approval of the Authorised Officer. 2. 3. 4. The Contractor will comply with all security requirements placed upon them by the Council. The Council will have a set of keys to the Tearooms which will be kept by the Council to allow access to the Tearooms seating area only. The Contractor will have access to the Tearooms at all times reasonably required for the proper provision of the Service within opening hours. The Contractor should ensure that all supplies, deliveries and refuse collection are made between these times. The Contractor should ensure that all supplies, deliveries and refuse collection are made during the morning and at such times as the Contractors staff are on duty to receive all goods. The Contractor will be held responsible at all times for goods deposited or left on or in the Tearooms in connection with the Contract. A flexible approach is expected with regard to closing times on days whereby an event may require the Tearooms to operate after the core hours. There are no facilities on site for the storage or safe keeping of cash. It is entirely the responsibility of the Contractor to make their own arrangements for the safe and secure handling of monies taken in connection with any of the services described herein. This will be arranged with due regard for the safety and security of Contractors staff or agents and the public and in compliance with the Contractors duty of care. The Contractor will be responsible for the security of all monies received by the Contractor in the course of the provision of the Service and will indemnify the

5.

6. 7. 8.

9.

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Council against any losses occurring while such monies are in the possession of the Contractor or his staff. 10. The building is fully alarmed and the system is maintained/monitored by the Council.

10.
10.1 1.

EQUPMENT, STOCKS & SUPPLIES, ADMINISTRATION & CONSUMABLES


Equipment & Tableware The Contractor shall be permitted to use, free of charge, the existing stock of Equipment (see Equipment List enclosed) that belongs to the Council in the provision of the Services, but not otherwise. The Contractor must not remove any of the Equipment from the Tearooms. The Contractor shall keep the Equipment in good order and condition. The Contractor shall make good any damage caused to the Equipment and shall replace with articles of a similar kind any of the Equipment which shall be broken or damaged. All the Equipment including any replacements thereof shall be returned to the Council at the end of the Contract. The Council is not responsible for the maintenance of any of the Equipment. Any equipment bought as a replacement or in addition to existing equipment shall be the property of the Council. Before completion of the Contract, the Contractor and the Council will create an inventory of all the equipment in the Tearooms. The Contractor may choose to bring additional equipment or may replace as a matter of choice. Any such action will be reflected in a revised inventory, which will form part of the Contract. On vacation of the Tearooms all associated equipment will be in the same condition and the Contractor will be responsible for any lost or damaged equipment. The Contractor will be responsible for the maintenance of all associated equipment and the buildings pre-programmed maintenance, Fire Safety Equipment. Electrical testing, Legionella and Monitoring and associated utility charges. Stocks and Supplies The Contractor will be responsible for establishing and maintaining and paying for supplies for food, beverages and materials.

2.

3.

4.

5.

10.2

10.3

Administration The Contractor will take full responsibility for stock control, deliveries, ordering of and payment for day-to-day consumable items and provisions; Maintain their own payroll; National Insurance payments; the Council bears no responsibility for the Contractors staff or pay.

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10.4

Consumables The Contractor will provide and pay for all day to day consumables, fuel, maintenance and any other equipment or item necessary for the satisfactory operation of the service. The Contractor shall be responsible for their own waste and litter collection/disposal.

11.

INSURANCE
The Contractor will indemnify the Council against any claim in the respect of the actions loss, damage, liabilities or injuries or indirectly as a result of an action or non action of the Contractor, its employees, representatives or the like arising out of the use of the Tearooms or the provision of the Services.

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