DIVISION OF FINANCE AND ADMINISTRATION

PROCUREMENT SERVICES

Addendum #1

Date: January 25, 2017

Reference: Texas A&M University Request for Proposals RFP Main 17‐0025 Proposal Due Date: February 7 at 2:00 p.m. CST

Please note the following questions received and answers provided with respect to the referenced RFP.

Please acknowledge receipt of the addendum by signing and returning with your proposal.

Q1 ‐ What, if any, rules should we be aware of regarding alcohol sales/consumption for tailgate customers?

A1 ‐ All state of Texas rules related to the sale and consumption of alcohol apply. A copy of the Texas A&M University rule related to alcohol accompanies this addendum.

Q2 ‐ What, if any, rules are there regarding tailgate guests interested in having music at their tailgates. i.e. are speakers okay? Can they bring in professional DJs?

A2 ‐ Speakers and music are acceptable, however, professional DJ’s and associated noise levels are troublesome in a dense tailgating environment – depending on client location, exceptions may be made.

Q3 ‐ Will the tailgate provider have any access to the University's alumni and/or season seat holder email list in order to market the services? Will the University make social media posts regarding the service?

A3 ‐ Provider will not have access to any alumni lists. Texas A&M will utilize social media and seat holder lists to pass on vendor information

Q4 ‐ Are there any programs in place or opportunities to employee students or provide internships to students?

A4 ‐ Currently no programs exist to employ or intern students. Respondent is welcome to propose ideas on student employment and internship opportunities.

Q5 ‐ Would there be any restrictions or concerns with having leading consumer brands sponsor tailgates and tailgating equipment?

A5 ‐ Any sponsorship opportunities would need prior review by and approval of TAMU Division of Marketing and Communications. Any sponsorship opportunities may not conflict with existing Texas A&M exclusive agreements.

P.O. Box 30013 1477 TAMU College Station, TX 77842-3013

Tel. 979.845.4570 Fax. 979.845.3800 http://purchasing.tamu.edu

J:\Dean\PROCUREMENT\RFP15-0010\ADD.FINAL.docx Page 2 of 3

Q6 ‐ Please clarify the term event gross sales. Does this term include optional catering and beverage services, or is the term applicable only to the traditional tailgate items, i.e. tents, tables, chairs and the like?

A6 ‐ Event gross sales is based on the gross revenue for the tailgating company. It does not include the cost of operational catering or beverage services but it does include any markup by that company. In other words if the tailgating company marks up the cost of the food and beverage and passes that fee on to their customer Texas A&M will be due a percentage of the markup only.

Q7. ‐ May we have a copy of the Pepsi agreement (or in lieu of the entire agreement, a summary of the terms and conditions that would apply to the products and services which the University is requesting subsequent to this agreement). May we have a copy of the tailgating rules?

A7. All contracts and related documentation is available via an open records request which may be accessed via the Texas A&M University Open Records website: http://openrecords.tamu.edu/

Tailgating rules may be accessed at the following website: http://gameday.12thman.com/tailgate.html

Q8 ‐ Would the University consider disposable and or compostable waste receptacles for trash disposal?

A8 ‐ Trash receptacles are at the sole decision of the SSC (TAMU’s third party contractor). The University is amenable to having these types of containers in the area; however, additional costs associated with sourcing these items may rest with the vendor if they are used instead of standard SSC product.

Q9 ‐ How does the University define a "normal size" vehicle?

A9 ‐ The University will assist the vendor by providing on‐site parking for its vehicles critical to daily operation including trucks, trailers, box trucks etc. Transportation Services will work closely with the vendor and retains the final determination on parking.

Q10 ‐ Does the University have a format for the "sales reports" referenced in section 2.11?

A10 ‐ No pre‐determined format but any report must detail the quantity of items sold and revenue generated from those items.

Q11 ‐ Will the University accept electronic funds transfers in lieu of "checks" as a form of payment?

A11 ‐ Yes. The University will accept electronic funds transfer

Q12 ‐ Does the permitting process apply to tents erected under this agreement (State Fire Marshall's office approval or City of College Station approval?)

J:\Dean\PROCUREMENT\RFP15-0010\ADD.FINAL.docx Page 3 of 3

A12 ‐ Permits should be submitted to the Texas A&M Environmental Health and Safety Office for all membrane structures erected on campus – tailgating or otherwise. The permit application and additional information related to tents on campus can be found on the EHS website as follows: https://ehsd.tamu.edu/Pages/FireLifeSafety.aspx

Q13 – RFP Section 3.1.6 ‐ Can the University clarify this section; does the University have an example of what this section entails?

A13 ‐ The University would like a breakdown of what products respondent will be offering customers and the associated prices. This helps us have an idea of the different tiers of product offerings and how these prices compared to those of other vendors. This can just be a list of tailgating packages and the cost of various add‐ons. If the product is a la carte please provide pricing for each item

Q14 ‐ Is the University willing to provide / able to provide a copy of the procurement under which tailgating services have been provided for the 2012 ‐ 2016 football seasons?

A14 – Please see response to Question 7 related to open records requests.

Q 15 ‐ Is the University willing to provide a commissions report (revenue received by the University) under this agreement for the 2012 ‐ 2016 football seasons?

A15 – as follows:

2012 ‐ $17,076

2013 ‐ $55,542

2014 ‐ $65,484

2015 ‐ $89,266

2016 ‐ $95,145

Sincerely, Dean Endler Executive Director Procurement Services and Contract Administration

______Company Name Authorized Signature

______Date

J:\Dean\PROCUREMENT\RFP15-0010\ADD.FINAL.docx

UNIVERSITY RULE

34.03.01.M1 Alcoholic Beverages Approved March 27, 1998 Revised April 3, 2000 Revised July 25, 2001 Revised March 7, 2005 Revised September 13, 2006 Revised August 15, 2007 Revised October 9, 2007 Revised August 25, 2009 Next Scheduled Review: August 25, 2014

Rule Statement

The rule exists to comply with System Policy 34.03: Alcoholic Beverages. Additionally this rule provides guidance on purchases, service, possession and consumption of alcoholic beverages on Texas A&M University campuses.

Official Rule/Responsibilities/Process

1. GENERAL

This rule supplements System Policy 34.03, relating to the possession, use, and purchase of alcoholic beverages at Texas A&M University.

2. POSSESSION OR USE

Possession or use of alcoholic beverages on property under the control of Texas A&M University will not be permitted except at locations designated below and in compliance with the corresponding restrictions. If alcoholic beverages are to be purchased for consumption at a location other than those listed below, the purchase will require prior written approval by the President and must be submitted to the Chancellor for approval and reported to the Board of Regents in accordance with System Policy 34.03, section 2.2. In all cases, possession or use of alcohol must be in full compliance with applicable State laws including the Texas Alcoholic Beverage Code.

34.03.01.M1 Alcoholic Beverages Page 1 of 6

Location Restrictions The Reed House None President’s Residence None Vice President for Student Affairs’ Residence None Board of Regents’ Facilities None The University Club Liquor license required Presidential Conference Center Requires review and concurrence by the Executive Associate Vice President for each event Bush Presidential Apartment None George Bush Foundation Suite None Clayton Williams Alumni Center (not a University None facility) Jon L. Hagler Center (not a University facility) None Facilities leased or otherwise made available for a set None term to individuals or associations (e.g. Bush Library- Rotunda, Regents’ Lounge, the Zone Club and Leased Suites, and Letterman’s Lounge) Kyle Field Zone Lobby and Athletic Museum Requires review and concurrence by Athletic Department Chief of Staff or the Director of Athletics, and the Executive Associate Vice President for each event Sam Houston Sanders Corps of Cadet Center Requires review and concurrence by both the Chief of Staff to the President and the Executive Associate Vice President for each event Duncan Dining Hall Requires review and concurrence by the Executive Associate Vice President for each event Student Recreational Center- Garden Room and Archery Requires review and concurrence by room both the Vice President for Student Affairs and the Executive Associate Vice President for each event University Classrooms ONLY permitted when alcoholic beverages are used in conjunction with academic instruction or research. Requires review and concurrence by both the Provost and Executive Vice President, and the Executive Associate Vice President for each course or data collection event. University Apartments None (use of alcohol must be in compliance with State law including the Texas Alcoholic Beverage Code)

34.03.01.M1 Alcoholic Beverages Page 2 of 6

Residence hall rooms (where all occupants are at least 21 None (use of alcohol must be in years of age) compliance with State law including the Texas Alcoholic Beverage Code) , N.W. Dick Freeman Arena, and G. Rollie Requires review and concurrence by White Visitor Center at the Animal Science Teaching the Executive Associate Vice Research and Extension Complex President for each event Mexico City Facility None Santa Chiara, Italy None Study Abroad Center Tailgate parties at NCAA intercollegiate athletic events Only permitted on the day of the only event and in the general proximity of the event. Only permitted in appropriate outdoor locations or in outdoor parking areas as determined by the Executive Associate Vice President. Prohibited in any University facilities and on the MSC Lawn, Simpson Drill Field, Chapel Grounds, and Cain Park. Buildings at the Research Park Requires review and concurrence by the Executive Associate Vice President for each event John B. Connally Building Requires review and concurrence by the Executive Associate Vice President for each event /McKenzie Terminal When served by the vendor selected and approved in accordance with University procurement procedures, subject to the terms and conditions of a University approved contract, and under that vendor’s liquor license Easterwood Airport/General Aviation Terminal Requires review and concurrence by the Executive Associate Vice President for each event Easterwood Airport facilities leased or None available for a set term to individuals, corporations, or associations Horticultural Gardens including Bldgs 3171 and 3172 Requires review and concurrence by the Executive Associate Vice President for each event. Forsyth Center Galleries Requires review and concurrence by both the Vice President for Student Affairs and the Executive Associate Vice President for each event J. Wayne Stark Galleries Requires review and concurrence by both the Vice President for Student Affairs and the Executive Associate Vice President for each event

34.03.01.M1 Alcoholic Beverages Page 3 of 6

TAMU at Galveston

CEO Residence None Dock area by Texas Clipper, to include visiting vessels Authorization by the Vice President TAMUG for each event PE Building Gym Area Authorization by the Vice President TAMUG for each event Offatts Campus Main Building Authorization by the Vice President TAMUG for each event Building 3004- Room 125 – The Blue Room Authorization by the Vice President TAMUG for each event Wetlands Center Pavilion Authorization by the Vice President TAMUG for each event TAMU at Qatar

Dean’s Residence None for service, however alcoholic Associate Dean’s Residence beverage reimbursements or Assistant Dean’s Residence purchases may only be made from Off-site faculty and staff residences under the control of the TAMUQ Management fee. TAMUQ Purchases may not be excessive, must be reasonable and prudent, and must be approved in advance by the Provost and Executive Vice President.

3. PURCHASES

All purchases of alcoholic beverages by any TAMU unit must comply with the following:

3.1 Authorized Source of Funds

3.1.1 The President hereby delegates the authority to the Provost and Executive Vice President, Chief of Staff to the President, Vice President for Finance and Administration, Executive Associate Vice President, Athletic Department Chief of Staff, Director of Athletics, and the Vice President for Student Affairs to approve specific accounts for the purchases of alcoholic beverages consistent with state law. Approvals must be in writing, and copies must be provided to the Vice President for Finance and Administration. Vice Presidents will notify units under their purview of authorized accounts.

3.1.2 So long as prohibited by statute or the appropriations act, no funds under the control of an intercollegiate athletic department may be used for the purchase of alcoholic beverages.

3.1.3 Contract and grant funds and any related residual funds may be used to purchase alcoholic beverages for scholarly research and/or testing, or for social events if the following conditions are met:

34.03.01.M1 Alcoholic Beverages Page 4 of 6

a) Contract or grant work necessitates the serving of alcoholic beverages at official events where it is socially and culturally acceptable to serve alcoholic beverages;

b) Sponsor’s travel and entertainment policy allows for reimbursement of alcoholic beverages; and

c) Expenses budgeted for entertainment or social functions where alcoholic beverages will be served must be fully disclosed in the contract proposal and award or the sponsor must have explicitly approved the cost.

3.1.4 Funds collected as registration fees from participants in a conference or similar event may be used to purchase alcoholic beverages to be served as a part of the event.

3.2 Alcoholic beverages may be purchased for any lawful purpose in support of events and activities which further the mission of the University.

3.3 Vouchers and supporting documentation must accurately reflect actual purchases of alcoholic beverages (expenditure code 6341).

3.4 With the exception of funds under the control of the Athletic Department, funds on deposit at the Texas A&M Foundation, Texas A&M University Research Foundation, the Association of Former Students, and other supporting or affiliated entities may be used to make purchases of alcoholic beverages, in accordance with the respective policies of those entities, for the benefit of TAMU.

3.5 Authorized Use of Funds for TAMUQ purchases

All purchases of alcoholic beverages by TAMUQ must comply with the following:

3.5.1 Purchases may not be excessive, must be reasonable and prudent, and must be approved in advance by the TAMU Provost and Executive Vice President for any off campus activities.

3.5.2 Reimbursements or purchases may only be made from the TAMUQ Management fee. 4. SERVICE

College Station

Only the University Club may serve alcoholic beverages to the public on TAMU property during University sponsored events. The University Club holds the liquor license for Texas A&M University.

Galveston

34.03.01.M1 Alcoholic Beverages Page 5 of 6

Only the Department of Food Services may serve alcoholic beverages to the public on TAMUG property during University sponsored events. The Department of Food Services holds the liquor license for TAMUG.

Qatar

No service of alcoholic beverages at the TAMU Qatar campus.

5. ADVERTISEMENT

Sponsorships or underwriting of University events shall exclude promotion of alcoholic beverages. The Executive Associate Vice President has the delegated authority to authorize exceptions in any case where an event producer has pre-existing contractual sponsorship agreements and where failure to honor such would prohibit the event from being produced upon the University campus. In such cases, event publicity or staging may acknowledge sponsorship of the event by an alcoholic beverage promoter. Agreements with promoters must distinguish between acknowledgement of event sponsorship and product promotion. Acknowledgement of sponsorship is permissible while product promotion is not permissible. This provision extends to commercial products and publications bearing the University insignia. The Battalion is exempt from this provision. (Also see University Rule 21.99.09.M1: Access to University Property for Sales and Solicitation Purposes.)

Related Statutes, Policies, or Requirements

Supplements System Policy 34.03

Contact Office

For interpretation or clarification, please contact the Office of the Executive Associate Vice President.

OFFICE OF RESPONSIBILITY:

Executive Associate Vice President 979.862.1065

34.03.01.M1 Alcoholic Beverages Page 6 of 6