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Invitation to Tender

for

Bar Concessions at The Cambridge Folk Festival 2016 (with options

to extend for 2017 and 2018)

Closing date for submission of tenders:

Friday 11th December 2015 12:00hrs

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CONTENTS

Part A – Process & Requirements Section 1 Introduction and Background information. Section 2 Procurement Process and Timetable Section 3 How we will evaluate offers Section 4 Instructions to Tenderers Section 5 Conditions of Tender Section 6 Specification Section 7 Contract Documents Part B – The Tender Document Section 8 Tender Form

Date of despatch of Invitation to Tender: Tuesday 17th November 2015 Tender return date (and time): Friday 18th December, no later than 16:00 Hard copy tenders must be returned to: Rebecca Stewart, Event Support Officer, Cambridge Live, 3 Parson’s Court, Wheeler Street, Cambridge, CB2 3QE

CONTACT PERSON The Contact for this procurement is: Rebecca Stewart, Event Support

Officer. 01223 791760. rebecca.stewart@cambridgelivetrust.co.uk

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SECTION 1: INTRODUCTION AND BACKGROUND INFORMATION

INTRODUCTION / CONTEXT OF REQUIREMENT

Cambridge Folk Festival is one of the premier music events in Europe and one of the longest running and most famous folk festivals in the world. The Festival is organised by Cambridge Live (registered charity 1159593, company limited by guarantee no. 09034452). Cambridge Live is keen to work with partners who share our values of high quality, excellent customer service, collaboration and fresh thinking in a mutually beneficial partnership. The Festival is renowned for its high standards, intimate atmosphere and wide definition of what might be considered folk. Hugely popular, Cambridge Folk Festival regularly sells out in advance and receives national media coverage by Sky Arts TV and BBC Radio 2. It has won a Live! Award for its production standards and currently holds an A Greener Festival award at the “Highly commended” level. Cambridge Folk Festival runs for 4 days with approximately 10,000 people on site at any one time. In total approx 14,000 different customers attend with the majority of attendees camping for the full 4 days. There are 2 sites: Cherry Hinton Hall (CB1 8DW) is the main site for the Festival. It comprises 4 stages, bars and catering facilities concessionaires, a crèche, youth area, and internet café. Approximately 4,000 people also camp at Cherry Hinton Hall. Coldhams Common (CB5 8SL) is the Festival’s second site approximately 2 miles from the main site where a further 5,000 people camp. This is very much a family site with family entertainment, a main catering marquee and concessionaires. The majority of the audience is from A, B, C1 socio-economic groups (80%), white European, with an almost equal split of male/female. 71% of attendees work in professional, clerical & managerial occupations with newspaper readership favouring quality broadsheets such as The Guardian, The Observer, The Times and The Independent. Audience ages are broad but with a leaning towards older generations: 26-45 yrs (21% of the audience), 46-55 yrs (33%), and 55+ yrs (42%). Licences Cambridge City Council holds the premises licence for this event and the concessionaire will be required to act as bar Designated Premises Supervisor at Cherry Hinton Hall Grounds. Certain alcohol sales are also licenced by TENs e.g. off sales and late night bars at Coldham’s Common. There may also be a need to obtain and comply with other licences, permissions or consents as required to provide the services. Current sponsorship The Festival has a range of media partners, sponsors and supporters including in 2015: Sky Arts, BBC Radio 2, Crabbie’s Alcoholic Ginger Beer, Guinness, Hobgoblin, Cambridge Leisure, Creative Scotland, and MOJO magazine. Current Bar Services These are described in our publicity literature as "Excellent all day bars with a range of cask ales, fine wines, hot spicy cider, off licence sales and the Irish Bar." Contract Term The Contract shall be for an initial term of one year (covering the 2016 Folk Festival) and will include 2 annual options that will allow the Festival (should it elect to do so) to extend the contract

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for 2017 and 2018 respectively. In the event that the Festival does exercise either or both of the options, that shall be done in writing and shall be by no later than 30th September in each consecutive year. More information on the Cambridge Folk Festival and Cambridge Live can be found at www.cambridgelivetrust.co.uk SCOPE OF REQUIREMENT

A contractor is sought to supply, run and manage all of the Festival’s bars, which include its main bar, an Irish bar, backstage bar, a campsite bar at Coldham’s Common, and a hot and spicy cider stall. It also includes off-sales for the Cherry Hinton Hall and Coldham’s Common sites. The concessionaire is required to act as Designated Premises Supervisor for the venue’s Premises Licence and TENs and may have to obtain other licences, permissions or consents in order to comply with its expectations under the Specification in Section 6. Contractors wishing to tender should provide a proposal document/s, which outline how you plan to deliver the requirements of the specification (in Section 6 of this document) and answer the evaluation questions detailed in Tender Form.

You should also submit a fee quotation for the concession fee for the first year only. Concession fees for subsequent years (in the event the option(s) are exercised by the Festival) will be calculated using an inflation adjustment to the Year one (2016) fee.

When considering the price, the contractor is asked to note that the services defined at 18 and 19 of the specification at Section 6 shall be provided to the Contractor by the Client (Cambridge Live). The equipment/ services at paragraph 18 shall be on a FREE basis. However the equipment/ services at paragraph 19 shall be RE-CHARGED by the Client to the Contractor. The amount of re-charge is not known with certainty at this time but, as a guide only, the cost of the re-charges to the previous contractor in 2015 is included in paragraph 12 of Section 6.

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SECTION 2: PROCUREMENT PROCESS AND TIMETABLE

PROCUREMENT PROCESS

The process is an Open Tender, meaning that we accept tenders from any applicant.

All bids received will be evaluated in accordance with the process described below.

All bidders will be notified of the outcome by 18th January 2016. The successful bidder will be sent two copies of the (unsigned) contract and instructions for contract completion. There is no binding agreement between Cambridge Live and the successful tenderer until a signed and dated contract is in place. PROCUREMENT TIMETABLE

The timetable below sets out the key dates in the procurement process. Most dates are indicative but the dates in bold are fixed:

Deadline for asking questions about ITT: 11th December 2015

Closing date for submissions of tender: 18th December 2015 Completion of evaluation and moderation: 15th January 2016 Preferred bidder(s) identified and communicated to bidders: on or after 15th January 2016

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SECTION 3: HOW WE WILL EVALUATE OFFERS

Evaluation of offers will be carried out by the Production Manager, Festival Manager and Business Development Director for Cambridge Live. The Managing Director and Chair of the Board of Trustees for Cambridge Live will approve the final award offer. SELECTION CRITERIA

Pass/Fail criteria All bidders will need to pass all of the below selection criteria before their bid will be fully evaluated. These selection criteria are the minimum criteria that Cambridge Live requires tenderers to meet or exceed and so are of a “pass/fail” nature.

The selection criteria are as follows:

Selection Criteria Assessment

a) Compliance with tendering procedure

Tenderers must submit a fully compliant, complete and signed tender bid

Pass / Fail

b) Financial Stability Cambridge Live use an external credit rating agency, Creditsafe, to evaluate the financial stability and suitability of potential contractors. Successful candidates must attain a Credit Risk Score (the likelihood of a company entering into an insolvency event in the next 12 months) and a Procurement Limit (the ability of a company to deliver a contract of a certain size) as outlined below. Companies not achieving the relevant scores will Fail. Credit Risk Score: minimum score of 51 Procurement Limit: equal to or greater than the anticipated annual contract value of £100,000.00.

Please note that credit information is copyright, confidential and commercially sensitive. It will not be discussed with individual candidates. You may wish to discuss the process with Creditsafe directly. Please visit their website: http://www2.creditsafeuk.com/

Pass / Fail

c) Insurance Tenderers must have the minimum levels of insurance which are as follows:

Pass / Fail

£10m Public Liability Insurance

£5m Employer’s Liability Insurance

or be willing to increase their current insurance levels to the above levels if they are successful.

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Selection Criteria Assessment

d) Experience and References

Tenderers must have a successful/acceptable track record of delivering services, similar to those sought by this tender, in the last 3 years. Tenderers must submit two acceptable references with their tender. NB: Only full references are acceptable. Referee details alone are not sufficient.

Pass / Fail

e) Health & Safety (H&S)

Tenderers are required to demonstrate their approach to H&S matters, by providing a copy of their H&S policy statement. Tenderers must also confirm that a) they have not encountered any Health and Safety Executive or Local Authority enforcing action in the last three years or b) if enforcing action has occurred in the last three years, it must be demonstrated that appropriate steps have been taken to rectify such problems.

Pass / Fail

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AWARD CRITERIA

Method Statements and Supporting Information 60% of final score – Scoring Quality (non-price aspects) Quality will be measured by an assessment of a tenderer’s response to the Method Statement questions and any supporting information set out in the Tender Form below. The Method Statements and supporting information submitted by bidders will be assessed by the evaluation panel. The individuals on the evaluation panel will award scores for the Method Statements reflecting their reasoned professional judgement as to the merits of each response. Overall, the Method Statement evaluation will account for 60% of the total tender score. Each Method Statement response will be awarded a separate score out of 5, with 0 being the lowest and 5 the highest score. The definitions of each level of scoring are as follows:

0 Non compliant response The bidder response has not provided relevant information to answer or indicate a solution to the required contract requirements.

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Unacceptable response The bidder response is partially compliant, but with serious deficiencies in the solution offered. This indicates there would be serious difficulties or inability in delivering the contract requirements.

2

Unsatisfactory response The bidder response is partially compliant, with shortfalls in the solution offered. This indicates that not the all requirements of the contract would be met and there would be difficulty in delivering the contract requirements.

3

Acceptable response The bidder response is compliant. This indicates that all the basic contractual requirements are met, but not exceeded and the contract would be delivered.

4

Good response The bidder response is compliant clearly indicating that the bidder can deliver the entire contract requirement and the solution offers some limited benefits beyond the stated requirements.

5

Excellent Response The bidder response is compliant indicating that the bidder has a comprehensive understanding of the contract requirements and the proposed solution will meet the contract standard and provide significant additional benefits beyond the stated requirement.

The summary table below details the weighting of each Method Statement question (ie the importance put on the answer to that question). The maximum percentage mark available for each method statement question is in the second column, and these will be scored using the 0 – 5 scale defined above.

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Method Statement Question % weight

Product suitability/quality

Q1 - Please list all the products ranges/ types/ brands including their specific gravities that

you would have available for sale, if successful. (Note that higher marks will be awarded for

provision of Guinness, Pimms and local/ regional ales (section 6 of spec).

Q2 -Please describe your proposals for managing the provision of hot and spicy cider. Q3 - Please include details of any awards of other indicators of quality for your proposed products.

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Bar prices Q4 - Please state the prices for each of your products, including all of your measures, noting that higher marks will be given for more competitively priced offers that do not unfairly favour or restrict variety for the consumer.

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Staffing

Q5 - Please indicate how you would ensure that suitably experienced and competent staff would be deployed at the event at all levels of your operation. This should include details of the experience of staff and training/supervision/ management arrangements that will be utilised to ensure standards are maintained.

Q6 - Please detail the number of staff you would deploy during the event, broken down per bar area, and showing how you would handle shifts, peaks in demand and unexpected staff absence.

Q7 - Please detail how, should you need to, you would recruit bar staff and your understanding of the local recruitment issues operating in Cambridge and how this may influence staffing.

Q8 - Please describe your approach to the appearance of bar staff and describe or provide a photo of their staff t-shirt.

Q9 - Please describe your proposals for accommodating your staff.

1 1 1 1 1

Environmental issues

Q10 - Please describe how you propose to operate and manage the system of re-using and refilling plastic glasses, including deposit system, amount of deposit and when and where customers would be able to get their deposit returned.

Q11 - In accordance with section 16 of the specification, please provide details of your

approach over environmental issues for your solution.

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Implementation

Q12 - In accordance with section 7 of the specification, please provide a method statement for your operation of the bar(s)

Q13 - Please describe how you will ensure a high level of quality customer service, including the timely and transparent handling of customer complaints.

Q14 - Please describe how you would manage the cellar management, presentation and dispense of specialist products, such as Irish stout, Pimms and real ales.

Q15 - Please describe how you would propose to ensure that your real ales are served to a consistently high quality, at optimum temperature and avoiding complaints of cloudiness etc. Please identify any potential problems that you might face and how you would mitigate against them.

5 2 1 2

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Q16 - Please describe how you would ensure that you do not run out of the products included in your bar tariff

Q17 - Please indicate how you would ensure effective communication with Client staff during the course of the event, and leading up to/ following the event.

Q18 - Please provide details of the quality assurance system that you would apply to your operations at the event.

1 1 1

Style of bar presentation and operation Q19 - Please describe the style of bar presentation, marquee ornamentation and operation that you would employ, providing photographs to show what the bar would look like. Higher marks will be given for those solutions that are comparable to a typical pub.

Q20 - Please describe the manner in which customers will be served from when they first enter the bar to when they pay for their drinks. This should include arrangements for dispensing drinks and your cash procedures at the point of sale. Q21 - Please describe the methods of payment available to customers and any cashback facilities.

Q22 - Please describe how you would manage the backstage bar and whether you would

install a bar in the marquee, bring a trailer unit or require an annex to the marquee.

4 2 1 1

Timeframe

Q23 - Please provide your outline project plan/ timeline for the event to include your proposed set up, delivery of equipment and stock and take down of your operation at this event.

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Number of Passes

Q24 - Please state how many site (people) passes will be required, noting that higher marks will be given for appropriate (in the Client's view) numbers of site passes required. (paragraph 8 of specification).

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Risk Management

Q25 - Please define what key risks you see for this Contract and the method you will use to

manage/ mitigate those risks.

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Example of non-price scoring A worked example of the scoring of the quality aspects follows. Formula applied -

% weight x points scored 5 (latter being maximum points available)

Method Statement Question % weight Points scored

Marks awarded

Q2 – Bar prices

10%

2

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Price Evaluation

Price accounts for 40% of the total tender score. The total cost calculated from the Pricing Schedule will be used for the price evaluation.

Price scores will be evaluated by a calculation based upon the lowest price submitted by tenderers. The tenderer with the lowest price will be awarded the full score of 40, with the remaining bidders gaining pro-

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rated scores in relation to how much higher their prices are when compared to the lowest price. A worked example is given below.

Name of Bidder

Tender value

Formula

= Lowest Price Bidders Price x Price Score

Score out of 40

Bidder A

£10,000 £10,000 £10,000 x 40 40

Bidder B

£20,000 £10,000 £20,000 x 40 20

Bidder C

£40,000 £10,000 £40,000 x 40 10

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Awarding the contract

Tenderers should note that in the event that a bid is considered to be fundamentally unacceptable on any issue, then regardless of its other merits, that bid will be rejected.

Throughout the evaluation process, the right is reserved by Cambridge Live to seek clarification from tenderers to check our understanding of the bid.

Following the initial evaluation of offers, bidders may be invited to meet with Cambridge Live staff to explore their bid in more detail.

Cambridge Live expects to decide on the award of contract within 50 days of the closing date for submission of tenders. Bids must therefore remain open for acceptance for a minimum period of 50 days from the closing date for submission of tenders. Cambridge Live may, if necessary, extend the 50 day period for completing the award process.

All tenderers will be notified of the final award decision made and will be provided with feedback on the tender and the reasons why the leading bidder was accepted.

Tenderers must not undertake work or enter into any commitments for the subject matter of this tender without written notification from Cambridge Live that they are ready for work to start.

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SECTION 4: SUBMITTING YOUR TENDER We require you to submit ONE PAPER COPY of your tender (and would suggest that you keep a further copy for your own records). We also require ONE CD ROM / USB MEMORY STICK COPY to be submitted (NOT via email) in order that the submission can be shared easily among the evaluating panel. Your tender should include: 1. Tender Information Form 2. Method Statements 3. Supporting Information. Your total tender submission must be hand delivered or delivered by post (to arrive no later than the submission deadline) to: Rebecca Stewart Cambridge Live 3 Parson’s Court Wheeler Street Cambridge CB2 3QE The closing date for the submission of your tender is 16:00 hrs on 18th December 2015. Tenders submitted after the time and date shown will be rejected, unless clear evidence of posting (by first class post on a day preceding the closing date) is available. Tenders may not be submitted by e-mail. If you require further information concerning the tender process, please contact rebecca.stewart@cambridgelivetrust.co.uk 01223 791760. Tenderers should note that any questions raised after 11th December 2015 may not be answered.

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SECTION 5: CONDITIONS OF TENDER

By participating in this tender you are indicating your acceptance to be bound by the conditions set out below. Questions about the ITT content or process should be directed to the contact named in this ITT. You should not contact other Cambridge Live personnel unless directed to do so by that named contact. Cambridge Live reserves the right to disqualify and reject bids from bidders who do not comply with these guidelines. As part of this tender process Cambridge Live makes no obligations in any way to: (i) pay any bidder for any ITT response; or (ii) award the contract with the lowest or any bidder; or (iii) accept any ITT information received from bidders; or (iv) include bidders responding to this ITT, in any future invitation; or (v) any other commitment to bidders whatsoever. Any tenderer who directly or indirectly canvasses any member, official or agent of Cambridge Live concerning the award of the contract, or who directly or indirectly obtains (or attempts to obtain) information from any such person concerning any other Tender or proposed Tender for the Services shall be disqualified. No representation by any employee or representative of Cambridge Live, nor any representation at all about any matter which has a bearing on the contract, other than one expressly contained in the signed or executed contract documents, shall constitute a term or condition of the contract nor a representation which gives the contractor grounds for rescinding the contract or claiming damages for misrepresentation Cambridge Live reserves the right to terminate the process at any time. Under no circumstances shall Cambridge Live incur any liability in respect of any tender or any supporting documentation, or the tendering process at all. In particular, this provision sets out the entire financial liability of Cambridge Live (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to any candidate or tenderer in respect of any failure of Cambridge Live to abide by applicable regulation or legislation in respect of the tendering process; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this tendering process. Cambridge Live shall not be liable for: • loss of profits; or • loss of business; or • depletion of goodwill and/or similar losses; or • loss of anticipated savings; or • loss of contract; or • loss due to corruption of data; or • any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. All rights in all the documentation provided by Cambridge Live are confidential and must not be disclosed to any third parties. Cambridge Live reserves all copyright, rights in marks, plans, drawings or schema, patents and know-how and all other intellectual property rights, whether capable of registration or not in the UK or worldwide. Where applicable, the tenderer shall (and shall procure that any person (e.g. a sub-contractor or consultant or professional advisor) involved in this tender) be registered under the Data Protection Act 1998 (“DPA”) and observe all their obligations under the DPA which arise in connection with this tender. Where the tenderer is processing personal data (as defined by the DPA) as a data processor for or in relation to Cambridge Live the tenderer shall ensure that it has in place appropriate technical and organisational measures to ensure the security of the personal data (and to guard against unauthorised or unlawful

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processing of the personal data and against accidental loss or destruction of, or damage to, the personal data), as required under the Seventh Data Protection Principle in Schedule 1 to the DPA. Tenders should not be qualified, conditional or accompanied by statement that might be construed as rendering the tender equivocal. Qualified, conditional tenders may not be considered. Tenders and supporting documents shall be in English and any contract subsequently entered into and its formation, interpretation and performance shall be subject to and in accordance with the law of England and subject to the exclusive jurisdiction of the English Courts.

In submitting its tender, the tenderer warrants, represents and undertakes to Cambridge Live that:

All information, representations and other matters of fact communicated (whether in writing or otherwise) to Cambridge Live by the tenderer, its staff or agents in connection with or arising out of the tender are true, complete and accurate in all respects, both as at the date communicated and as at the date of tender submission;

It has made it own investigations and research and has satisfied itself in respect of all matters (whether actual or contingent) relating to the tender and that it has not submitted the tender and will not be entering into the contract (if the same be awarded to the tenderer by Cambridge Live) in reliance upon any information, representation or assumption which may have been made by or on behalf of Cambridge Live;

It has full power and authority to enter into the contract and perform the obligations specified in the contract and will, if required, produce evidence of such to Cambridge Live;

It is of sound financial standing and has and will have sufficient working capital, skilled staff, equipment and other resources available to it to perform the obligations specified in the contract; and

It will not at any time during the duration of the contract or at any time thereafter claim or seek to enforce for the purposes of this contract, any lien, charge, or other encumbrance over property of what nature owned or controlled by Cambridge Live and which is for the time being in the possession of the tenderer.

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SECTION 6

SPECIFICATION

CAMBRIDGE FOLK FESTIVAL

BAR CONCESSIONS SPECIFICATION Cambridge Folk Festival is organised by Cambridge Live. INDEX 1. Extent of Concession 2. Number and Location of Outlets 3. Trading Space for Main Bar 4. Licences & Bar Operation Hours 5. Quality 6. Bar Tariff (Range and Prices) 7. Bar Method Statement 8. Passes 9. Security 10. Staff T-Shirts 11. Staff Parking and Camping 12. Set up, Arrival & Departure 13. Deliveries and Vehicle Movement 14. Fire Extinguishers 15. Power 16. Environmental Issues including recycling and ground protection. 17. Glasses 18. Equipment to be provided by Cambridge Live at no cost to the Bar Concessionaire 19. Equipment to be provided by Cambridge Live and to be recharged to the Bar Concessionaire 20. Pouring Rights, Sponsorship, Marketing and Publicity For the purpose of this specification ‘off sales’ shall be defined as the sale of alcohol in containers for consumption within the campsite as opposed to in glasses within the bar areas or main arena. 1. EXTENT OF CONCESSION

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This concession is for the:

1. Exclusive rights for the supply of all wines, ciders, flavoured alcoholic beverages, beers, lagers, spirits*, stouts;

2. Non-exclusive rights to sell, fruit juices, carbonated minerals, water and bar snacks including

peanuts and pork scratchings and the like. 3. At Cherry Hinton Hall (main site).

4. At Coldham’s Common (second campsite).

*This concession specifically excludes the sale of gin cocktails, which will be sold from a 7m unit space close to Stage 2 at Cherry Hinton Hall. This concession includes the supply only of alcoholic drinks to the concessionaire operating the café at Cherry Hinton Hall campsite, next to The Den. ie the bar concessionaire will sell alcohol products to the café owner at pre-agreed wholesale and retail prices. This concession specifically excludes the sale of tea, coffee and hot drinks (other than hot spicy cider), sandwiches, pork pies, pasties and similar items. 2. NUMBER AND LOCATION OF OUTLETS Cambridge Live requires the operation of bars and off sales at Cherry Hinton Hall:

1. Main bar Within 12m x 30m marquee, bar is 30m x approx 5m at rear. Marquee is used exclusively as a bar.

2. Hot spicy cider stall Outside the main bar, approx size 3m x 4m

3. Irish bar Within 12m x 20m marquee, bar is 20m x approx 5m at rear and 12m x approx 4m on one side. Marquee is used exclusively as a bar.

4. Club Tent bar Within 12m x 30m performance marquee, bar is 12m x 5m at rear.

5. Backstage bar A bar unit of approx size 4m x 3m to be located within a 12m x 10m marquee is preferred. Second choice would a trailer size approx 5m x 3m may be provided by the bar concessionaire at their cost, to adjoin the marquee. Third choice would trading from a similarly sized marquee annex to be provided at the bar concessionaire's expense.

6. Off sales area at Cherry Hinton Located in the campsite near the main entrance. 5m x 3m mobile trailer bar is required, to be provided by the concessionaire at their cost.

7. Coldham’s Common campsite bar (including offsales). A bar unit of approx. size 5m x 3m to be located with a 16m x 24m marquee. Second choice would a trailer size approx 5m x 3m may be provided by the bar concessionaire at their cost, within the marquee

Location of bars are indicated on the enclosed site plan. 3. TRADING SPACE FOR MAIN BAR AND IRISH BAR Please note that space is extremely limited on site. See site plan for bar compounds space. 4. LICENCES & BAR OPERATION HOURS The concessionaire will be required to; Act as bar Designated Premises Supervisor for the Cambridge Folk Festival at Cherry Hinton Hall Grounds and Coldham’s Common

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to supply install and operate on sales bars for a main bar/Irish bar/club tent/back stage bar/hot spicy cider sales area and off sales facilities at the Venue at the following times at Cherry Hinton Hall;

Thursday 12:00 – 23:00

Friday 10:00 – 23:30

Saturday 10:00 – 23:30

Sunday 10:00 – 22:30

to supply install and operate an on sales bar at the following times at Coldham’s Common (subject to a TEN licence): Thursday 21:30 to 24:00 Friday 23:00 to 01:30 Saturday 23:00 to 01:30 Sunday 10:30 to 24:30

to supply install and operate an on off sales facility at the following times at Coldham’s Common:

Thursday 11:00 – 23:00

Friday 10:00 – 21:00

Saturday 10:00 – 21:00 (13:00 to 21:00 will be subject to a TEN)

Sunday 10:00 – 21:00 (13 to 21:00 will be subject to a TEN)

or at any other such times as Cambridge Live may permit provided such times are specified in the Premises Licences; or at shorter times, as specified by Cambridge Live, subject to site conditions on the day; to obtain and comply with such other licences permissions or consents as may be required to provide the services described herein such licences permissions and consents to be produced to Cambridge Live on request prior to the Cambridge Folk Festival. to adopt the Challenge 21 system for the prevention of alcohol sales to underage drinkers and such other reasonable methods for preventing underage drinking. 5. QUALITY The concessionaire will be required; to install and operate sufficient fully equipped bars and other drink outlets to provide a service to, and to meet the reasonable demands of people attending the Cambridge Folk Festival; to keep the service under constant review and to comply with the reasonable requests of Cambridge Live as to service provision;

to supply for consumption at the Cambridge Folk Festival the Beverages and Bar Snacks of good quality and in sufficient quantity to meet the reasonably anticipated demands of people attending the Cambridge Folk Festival and including off sales; 6. BAR TARIFF (RANGE & PRICES)

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The concessionaire will be required; to supply a list of proposed products and prices with their tender (prices to be broadly similar to local Cambridge City pub prices); to ensure that all beverages and snacks be of good quality and in sufficient quantity to meet reasonable demand, including off sales; to include provision of two Irish stouts; Cambridge Live shall value more highly the provision of Guinness together with one alternative/competitive brand of stout; to include the provision of a minimum of four real ales; Cambridge Live shall value the inclusion of regional and one local Cambridge ale, to include the provision of Crabbie's alcoholic ginger beer within all bars. to ensure that all drink brands within the Irish bar are consistent with an Irish theme, with the exception of Crabbie's and Pimms. to include the provision of premium lager, bottled beers, high quality wines and spirits and liqueurs, traditional ciders, soft drinks and mixers; to supply hot spicy cider (sub contracting is permitted in accordance with the Contract but the Concessionaire shall include this element in his overall Concession bid/ Price with Cambridge Live); to supply other brands of alcoholic drinks appropriate to the audience. to ensure that all beers are hand drawn. Metered dispense is not permitted. Cambridge Live shall value more highly the provision of Pimms, though this is not essential. 7. BAR METHOD STATEMENT Cambridge Live requires the concessionaire to provide a full and detailed method statement to show the means by which products will be stored, chilled, delivered to the bar area and served. This should include, but not be limited to: issues such as the size, nature and noise control of refrigerated units; the implementation of an effective and environmentally sustainable refill and re-use system of plastic glasses (see section 17); payment methods by customers; how the bars will look; how bars will be re-stocked. 8. PASSES All persons entering the site between Thursday and Sunday will require a pass. You must state the number of passes you require to trade. The maximum number of complimentary passes available to any bar concessionaire is 90. The number of passes you request will be taken into account when assessing your tender bid. This particular scoring will be weighted so that higher marks will be given for what is in Cambridge Live's view an appropriate numbers of site passes. If in Cambridge Live's view your request an unrealistically low number of passes, you will receive less marks. If in Cambridge Live's view your request an unrealistically high number of passes, you will receive less marks. We shall however not be charging you separately for the passes you request. All passes must be exchanged for wristbands on site which must be worn at all times and are not transferable, re-saleable or refundable. Persons found doing so or not wearing wristbands will be removed from the site. 9. SECURITY

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Cambridge Live shall procure the security for the Cambridge Folk Festival (which shall include the bars and the night-time security). The bar concessionaire shall be responsible for supervising the security staff engaged by Cambridge Live in relation to the bars and the night-time security of the bars. The bar concessionaire shall be responsible for its own cash handling for which Cambridge Live accepts no responsibility. 10. STAFF T SHIRTS The concessionaire will be required to equip all staff employed at the Cambridge Folk Festival with a clearly identifiable staff t-shirt, the design of which differs from that used on t-shirts worn by Cambridge Live staff or made available for sale to the public.

11. STAFF PARKING & CAMPING All staff employed by the concessionaire will be required to park their vehicles at Netherhall Upper School Staff car park. No vehicles may be parked next to the bars or within the bar compounds bars (other than fork lift trucks or delivery drays whilst unloading). There is no camping available at Cherry Hinton Hall, or in car parks. Free camping is available at Coldhams Common campsite, but this must be requested with your tender. Should you wish to camp at Cherry Hinton Hall then tickets must be purchased from the Box Office and are subject to availability. 12. SET UP, ARRIVAL & DEPARTURE The bar concessionaire and its subcontractors or deliveries may not enter the venue for the purposes of “setting up” until the Friday preceding the Cambridge Folk Festival and must have removed all equipment and property and reinstated those areas of the venue used by the bar concessionaire for the purposes of their operation to the satisfaction of Cambridge Live (excepting reasonable wear and tear) by no later than 3 days after the finish of the Cambridge Folk Festival. Set up and removal schedule to be in agreement with Cambridge Live. 13. DELIVERIES AND VEHICLE MOVEMENT Vehicles are not allowed to move on site immediately before, during or after performances. Vehicle access to the bar compound will be allowed as follows: Thursday 06:30 to 11:00, Friday 06:30 to 10:00, Saturday 06:30 to 9:00, Sunday 06:30 to 10:00. Vehicles are not allowed to leave the site after performances until all crowds have cleared the site exits. Vehicles must check with stewards before entering or leaving the site. All equipment and stock delivery times and vehicle movement timetables to be agreed with Cambridge Live. Concessionaires shall provide their own fork lift truck and certificated driver/operator.

14. FIRE EXTINGUISHERS

The concessionaire must provide the appropriate number of fire fighting equipment (minimum one dry powder extinguisher and one fire blanket per fire point, all of which must be in good working order and have had regular servicing as appropriate). Cambridge Live, or its appointed representative, will count and inspect all equipment on arrival. The Concessionaire will not be allowed to start trading until satisfactory equipment is present. Cambridgeshire Fire Service's Fire Officer who has the power to immediately ban the Concessionaire from trading may also be checking equipment. 15. POWER Power to site is in the form of 315KVA permanent supply. This is broken down via distribution boards to various points around site .The Main Bar receives distribution of 100 KVA minimum supply to support start up power to bar. This supply is run out from the Propagation Centre via camlock under ground to a distribution point situated at the side and rear of Main Bar. This is used to power bar lighting and fire exit boxes, cooler units, beer store, cabins, caravan and toilet/ shower unit. The Irish Bar and Club Tent is also supplied from this point to cover all requirements and marquee safety lighting. Backstage bar facilities will receive distribution from a 32amp 3 phase, terminating in two 16amp feeds. 24 hr electrician standby cover is provided.

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16. ENVIRONMENTAL ISSUES INCLUDING RECYCLING AND GROUND PROTECTION The concessionaire should undertake recycling, use bio-degradable packaging where appropriate, a refill and re-use system for glasses (as detailed in 17 below) and all such other reasonable methods to reduce the impact of its trading activities on the environment. The refill and re-use system shall apply to all outlets supplying alcohol on site. The concessionaire shall be responsible for leaving its area clean and tidy on departure. The concessionaire shall use its best reasonable endeavours to preserve the quality of the grass including but not limited to; ensuring liquids are not poured to ground, ensuring its vehicles only drive on the trackway provided. 17. GLASSES The concessionaire will be required; to supply rigid plastic glasses (at the insistence of Trading Standards). Metered dispense into soft plastic glasses is not acceptable; to adopt a refundable deposit system for the refill and re-use system at all bars for these rigid plastic glasses. These glasses are to be branded with a Cambridge Folk Festival/environmental message, to be decided in agreement with Cambridge Live. The deposit amount and times for return are to be in agreement with Cambridge Live and customers should be given reasonable opportunity to return their glasses. Concessionaire will be required to provide glasses washing machines/facilities for customers within all bars – these facilities shall be available on a free of charge basis to all customers. to supply for sale premium quality glass tankards bearing the Cambridge Folk Festival logo and date. Price of these tankards should be included within your price list. Please note that these glasses are collected by members of the audience and do not pose a safety concern to the organisers or Police; No other glass containers may be sold to the public on site. Plastic bottles, cans and boxes will be required for off sales. Products only available in glass bottles, will need to be transferred to plastic glasses. Wine sold in plastic glasses with foil lids is permitted. 18. EQUIPMENT TO BE PROVIDED BY CAMBRIDGE LIVE AT NO COST TO THE BAR CONCESSIONAIRE

Cambridge Live will provide at no cost to the bar concessionaire;

4 radios;

a 2.5m heras style fence surrounding the main bar compound the position of which is shown on the enclosed plan or such other position as Cambridge Live shall decide and a lockable gate (but specifically excluding any lock or security system for the gate);

a portable roadway leading to the bar compound as shown on the plan;

a working platform suitable for arctics at the rear of the main bar.

a public address system for the main bar; plumbing for 3 sinks within the compound (but specifically excluding the cost of any water or sinks used) subject to the bar concessionaire using only Cambridge Live approved sub-contractors to connect such services within the compound. (The equipment under this paragraph 18 shall be provided at no cost to the concessionaire) 19. EQUIPMENT TO BE PROVIDED BY CAMBRIDGE LIVE AND WHICH MAY BE RECHARGED TO THE BAR CONCESSIONAIRE The following equipment and services will be provided by Cambridge Live to the Contractor:

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The equipment/ services under this paragraph 19 will be recharged to the contractor. Estimated recharge prices for the 2015 Cambridge Folk Festival are included hereunder for guidance; these prices are not fixed and may not represent prices that would be recharged in 2016. Any such recharges will be ‘at cost’ to Cambridge Live but at the time of this tender those costs are not known hence it is not possible to include fixed prices for the recharges in this tender. 2 cabins located within the main bar compound for offices/storage (including the delivery and collection thereof);

supply, erection and removal of three marquees (main bar, Irish bar and backstage bar) and associated canvas walling, carpet, duck boarding (if required) and insurance;

supply, maintenance and cleaning of one cubicle toilet unit and one shower unit, located within the bar compound;

provision of security personnel during the day and night and such additional security personnel as may be required at bar closing and cash collection times (note the bar concessionaire shall be responsible for its own cash handling for which the City Cambridge Live accepts no responsibility);

provision of one vehicular trackway within compound as detailed on the enclosed site plan; provision of 3 phase distribution unit for compound, cold store and bars. In the event that the bar concessionaire requires Cambridge Live to provide additional services to those identified above, the bar concessionaire shall notify Cambridge Live in writing of its requirements giving as much notice as is practicable (whilst Cambridge Live shall use reasonable endeavours to provide any such additional services it shall have no obligation to do so). The bar concessionaire shall be responsible for the cost of repair or replacement of any damaged or lost equipment which is supplied, to be recharged at cost. As a guide, bar recharge costs for 2015 were as follows: Marquees Main bar £3664.00 Irish £2388.00 Accommodation 2 of 24’ x 9’ Portakabins £2084.00 Sanitation 1 toilet and 1 x shower unit £2746.00 Incs Cleaning and consumables Security Central bar areas 400 hours @ £13.06 per hr SIA staff £5226.00 112 hours @ £9.79 per hr stewards £1097.00 Trackway 54 x panels @ £43.70 per panel £2360.00 Power & Lighting £2,590.00 Total bar recharge £22,155.00 ex VAT

20. POURING RIGHTS, SPONSORSHIP, MARKETING AND PUBLICITY.

This concession does not include any sponsorship rights for the Cambridge Folk Festival and the bar concessionaire shall not advertise or publicise its association with the Cambridge Folk Festival in any way,

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other than in a format which has been previously agreed with Cambridge Live in writing (such agreement not to be unreasonably withheld). Negotiations with potential sponsors for 2016 are ongoing and the successful bar concessionaire may be expected to support the rights of any sponsors or pouring rights holders secured for the 2016 event. In 2015, sponsors included: Crabbie's Alcoholic Ginger Beer – this partnership included pouring rights for Crabbies products at all bars, a sampling bus was located at the entrance to the main arena and promotional materials on display in some bar locations. Fever Tree – this included a 7m Gin concession at the rear of Stage 2, alongside promotional display materials at the site. Guinness – this included pouring rights at the Irish Bar, sampling opportunities for new products, and name association with the bar (i.e. the Guinness Tent). Hobgoblin – this included pouring rights at the main bar and guest bar, branded T-shirt provision for bar staff and the Hobgoblin logo on glass tankards. Names of bars and all branding within the bars shall be subject to the agreement of Cambridge Live. Cambridge Live has previously received and shall be actively seeking pouring rights for products sold on site. The bar concessionaire will be prohibited from acting in isolation and encouraged to work in collaboration with Cambridge Live in order to secure pouring rights.

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SECTION 7

CONTRACT DOCUMENTS

Any queries about any terms should be raised and agreed with the ITT contact Rebecca Stewart prior to tender submission. Proposing amendments to the contract documents in the tender may lead to rejection of the tender.

[DATED]

CAMBRIDGE LIVE - and -

[CONCESSION HOLDER]

CONCESSION AGREEMENT

Relating to the provision of bar services at the Cambridge Folk Festival 2016,

with options to extend to 2017 and 2018

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THIS AGREEMENT is made [date]

BETWEEN

(1) CAMBRIDGE LIVE incorporated and registered in England and Wales with company number

9034452 whose registered office is at 3 Parson’s Court, Wheeler Street, Cambridge CB2 3QE

(the “Client”)

AND

(2) [ ] (Company Registration Number [ ] the registered office address of which is

situate at [ ] (“the “Concession Holder”)

WHEREAS

(A) The Client is responsible for organising the Cambridge Folk Festival.

(B) The Client is the registered proprietor of the Registered Trade Mark.

(C) The Concession Holder wishes to obtain the Concession and has agreed to pay to the Client the

Initial Concession Fee and the Further Concession Fee (if applicable) at the times set out in and in

accordance with the terms of this Agreement.

(D) In consideration of the payment by the Concession Holder of the Initial Concession Fee and the

Further Concession Fee (if applicable) and subject to the Concession Holder complying with its

obligations set out in this Agreement and subject also to the other terms and conditions of this

Agreement, the Client has agreed to grant to the Concession Holder the Concession.

NOW IT IS AGREED AS FOLLOWS

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this Agreement, where the context so admits or requires, the following words and

expressions shall have the following meanings:

Agreed Title means such title for the Cambridge Folk Festival

as the Client shall from time to time in its

absolute discretion decide and shall notify to the

Concession Holder and the Concession Holder

acknowledges that the Agreed Title may also

include a reference to the Cambridge Folk

Festival being in its 52nd (or 53rd and 54th as

appropriate) year;

Bar Compound means such part of the Venue as the Client

shall in its absolute discretion designate to

be used by the Concession Holder for the

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purposes of its operation of the Concession;

Bar Outlets means those areas and facilities within the

Venue described and identified in the

Specification as :

the “main bar”

the “hot spicy cider stall

the “Irish bar”

the “club tent bar”

the “backstage bar”

the “Coldhams bar”;

Bar Snacks means packaged bar snacks including crisps,

peanuts, pork scratchings and the like and any

other items as notified by the Client (but

specifically excluding sandwiches, pork pies,

pasties and similar items) ;

Beverages means all water, carbonated minerals, fruit

juices, ‘mixers’, flavoured alcoholic

beverages, beers, stouts, lagers, wines,

spirits and ciders (including hot spicy cider)

but specifically excluding tea, coffee and

hot drinks (other than hot spicy cider);

Cambridge Folk Festival means the Client’s annual festival of folk

music at Cherry Hinton Hall, to held

between Thursday, the 28th and Sunday, the

31st of July 2016 and intended to be held on

corresponding dates in 2017 and 2018

Concession has the meaning set out in clause 2.1;

Client Recharge means all of the Client’s charges (at cost) for

the provision of the additional services and

equipment as set out in clause 10.2 and

10.3 of this Agreement and such other costs

as may have been met by the Client and

agreed by the Concession Holder in writing

before the Cambridge Folk Festival in 2016,

2017 or 2018 as applicable;

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Designated Premises Supervisor has the same meaning as in the Licensing

Act 2003 and shall be [insert name];

Event means the Cambridge Folk Festival;

Exclusive Beverages means all wines, ciders (including hot spicy

cider), flavoured alcoholic beverages, beers,

lagers, spirits and stouts;

Further Concession Fee

means, for the Cambridge Folk Festival in 2017,

the Initial Concession Fee increased or decreased

as the case may be by the percentage change

over the year to the end of February 2017 in the

Retail Prices Index published by the Office for

National Statistics and, for the Cambridge Folk

Festival in 2018, means the Further Concession

Fee for the Cambridge Folk Festival in 2017

increased or decreased as the case may be by

the percentage change over the year to the end

of February 2018 in the Retail Prices Index

published by the Office for National Statistics;

Initial Concession Fee means the sum of [price] Pounds (£[price]);

Licensable Activity has the same meaning given to it in the Licensing Act 2003;

Passes means [insert number of passes required up to a maximum of

ninety (90)] complimentary Cambridge Folk

Festival passes permitting pedestrian only access

to the Venue;

Pouring Rights means exclusive rights of a beverage maker or distributor to

have its products sold at the Bar Outlets or the

Off-sales Outlet or anywhere else at the Venue;

Premises Licence means the premises licence, as defined in the Licensing Act

2003, for the Venue;

Prohibited Act means:

directly or indirectly offering, promising or

giving any elected member of the Client or

any person working for or engaged by the

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Client a financial or other advantage to

induce that person to perform improperly a

relevant function or activity or rewarding

that person for improper performance of a

relevant function or activity;

directly or indirectly requesting, agreeing to

receive or accepting any financial or other

advantage as an inducement or a reward for

improper performance of a relevant

function or activity in connection with this

Contract;

committing any offence under the Bribery

Act 2010;

committing any offence under section

117(2) of the Local Government Act 1972;

committing any offence of fraud;

defrauding, attempting to defraud or

conspiring to defraud the Client;

Registered Trade Mark means the mark ‘Cambridge Folk Festival’ which is registered

under the Trade Marks Act 1994 (Registration

Number: 2173322) in connection with goods and

services in classes 09, 16, 21, 25, 41 and 43 and

of which the Client is the proprietor;

Specification means the specification of the Client’s requirements for the

Concession, which is set out in Schedule 1;

Staff means the Concession Holder’s employees (including temporary

or voluntary personnel or colleagues),

contractors, sub-contractors and agents and any

of their employees (including temporary or

voluntary personnel or colleagues), contractors,

sub-contractors and agents (of any tier);

Tender means the Concession Holder’s offer for the Concession, which

is set out in Schedule 2;

Venue means such parts of Cherry Hinton Hall and its grounds, Cherry

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Hinton Road, Cambridge as the Client shall in its

absolute discretion designate;

Off-sales Outlet means location and facilities described in the Specification as

the “Off-sales area at Cherry Hinton”;

1.2 Interpretation

In this Agreement:

1.2.1 reference to a specific enactment includes every statutory extension or modification,

consolidation or re-enactment of such enactment and any regulations or orders made under it;

1.2.2 words importing the singular include the plural and vice versa and words importing one gender

include both genders;

1.2.3 words importing persons shall be construed as including a corporate body, partnership and

unincorporated association;

1.2.4 where a party comprises more than one person, the liabilities and obligations of that party under

this agreement take effect as joint and several liabilities and obligations;

1.2.5 the “Client” shall include any successor to it undertaking the statutory functions of the Client;

1.2.6 except where this Agreement expressly provides otherwise, reference to a clause, sub-clause,

schedule or paragraph is a reference to the relevant clause, sub-clause, schedule or paragraph of

this Agreement and clause and schedule headings are for ease of reference only and shall not

affect the construction of this Agreement.

2. THE CONCESSION

2.1 The Concession is:

2.1.1 the right to install and operate sufficient, fully equipped on-sale bars at the Bar Outlets

and sufficient fully equipped off-sales drinks facilities at the Venue Off-sales Outlet as

permitted by and in accordance with the terms of this Agreement for the sale to people

attending the Event of good quality Beverages and Bar Snacks (the type and brand and

the prices of such Beverages and Bar Snacks to be agreed with the Client prior to the

Event in each year to which this Agreement relates, such agreement not to be

unreasonably withheld);

2.1.2 the exclusive right to supply and sell from the on-sale bars at the Bar Outlets and the off-

sales facilities at the Venue Off-sales Outlet, as permitted by and in accordance with the

terms of this Agreement, good quality Exclusive Beverages (the type and brand and the

prices of such Exclusive Beverages to be agreed with the Client prior to the Event in each

year to which this Agreement relates, such agreement not to be unreasonably withheld);

and

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2.1.3 the non-exclusive right to supply and sell from the on-sale bars at the Bar Outlets and the off-

sales facilities at the Venue Off-sales Outlet as permitted by and in accordance with the terms of

this Agreement, good quality Beverages (other than Exclusive Beverages) and Bar Snacks (the

type and brand and the prices of such Beverages and Bar Snacks to be agreed with the Client prior

to the Event in each year to which this Agreement relates, such agreement not to be

unreasonably withheld).

2.1.4 For the avoidance of doubt, the Concession does not include any right for the Concession Holder

to sell or assign Pouring Rights nor to any income derived from Pouring Rights.

2.2 In consideration of the Concession Holder complying with its obligations and the other terms and

conditions in this Agreement the Client grants the Concession Holder the Concession for the

Cambridge Folk Festival in 2016.

2.3 The Client may extend this Agreement to include the Cambridge Folk Festival in 2017 and in 2018

by giving the Concession Holder written notice on or before the 30th September 2016 or 2017

respectively. If the Client gives such notice then the Agreement shall be extended by the period

set out in the notice. Whilst the extension of this Agreement is entirely in the Client’s discretion,

the Client anticipates that it will exercise its right to extend if it has been reasonably satisfied with

the performance of the Concession Holder at the Event in 2016 or 2017 as appropriate.

3. THE CONCESSION HOLDER’S OBLIGATIONS

3.1 The Concession Holder shall operate the Concession at all times in accordance with the

Specification and the Tender.

3.2 Payment

3.2.1 The Concession Holder shall pay the Initial Concession Fee to the Client in three

instalments as follows :

Percentage Due date

33% On or before the 31st of January 2016

33% On or before the start of the third

week in April 2016

34% On or before the start of first week in

June 2016

3.2.2 In the event that the Client exercises its option contained in clause 2.3 to extend this

Agreement, the Concession Holder shall pay the Further Concession Fee in three

instalments as follows:

Percentage Due date

33% On or before the 31st of January 2017 or 2018 as applicable

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33% On or before the start of the third week in April 2017 or 2018 as applicable

34% On or before the start of first week in June 2017 or 2018 as applicable

3.2.3 If the Concession Holder fails to pay any sum due under this Agreement in accordance

with the dates specified in this Agreement, the Concession Holder shall pay to the Client

interest on the amount owing at the rate of eight per cent (8%) per annum above the

base lending rate from time to time of the Bank of England from the date when it became

due to and including the date on which it is actually paid.

3.3 Licensing

3.3.1 The Concession Holder shall at all times comply with the Premises Licence and all

legislation relating to the Premises Licence and shall use its best endeavours to ensure

that its Staff do nothing to breach or cause a breach of the Premises Licence.

3.3.2 The Concession Holder shall nominate an appropriately qualified, experienced and

competent member of its Staff to act as Designated Premises Supervisor for purposes of

the Premises Licence and shall ensure that such individual holds a personal licence (as

defined by the Licensing Act 2003). The appointment or removal of any individual as

Designated Premises Supervisor shall be subject to the approval of the Client (such

approval not to be unreasonably withheld or delayed).

3.3.3 The Concession Holder shall not carry out or allow or permit to be carried out at the

Venue any Licensable Activity unless such activity is permitted by the Premises Licence

and any other valid licence to carry out Licensable Activity and is agreed by the Client.

3.3.4 The Concession Holder shall co-operate in all reasonable ways to assist the Client to

maintain the Premises Licence and (in so far as they relate to the activities of the

Concession Holder or the Concession Holder’s Staff under or in connection with this

Agreement) shall use all reasonable endeavours to procure that its Staff observe and

perform the conditions and obligations attached to the Premises Licence.

3.3.5 The Concession Holder shall not to create any new licensed area within the Venue or

make any change to any existing licensed area that may require a new premises licence

for the supply of alcohol or late night refreshments or a variation of any existing licence

for the supply of alcohol or late night refreshments before such new licence or variation

has been granted by the relevant licensing authority.

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3.3.6 Without prejudice to the foregoing provisions of this clause 3.3, the Concession Holder

shall notify the Client promptly in writing of:

3.3.6.1 the departure or transfer from the Venue of the Designated Premises Supervisor

and shall provide details of the proposed substitute Designated Premises

Supervisor;

3.3.6.2 any breach of the Premises Licence (or a condition attached to it) of which the

Concession Holder becomes aware.

3.3.7 On termination of this Agreement for whatever reason, the Concession Holder shall take

the necessary steps to assist in the transfer of the Designated Premises Supervisor licence

to the Client’s nominee.

3.3.8 The Concession Holder shall, at its own cost and expense, ensure that a personal licence

holder (as defined in the Licensing Act 2003) is present at the Venue at all times when a

supply of alcohol is made.

3.4 Supply, installation and operation of on-sale bars and off-sales facilities

3.4.1 The Concession Holder shall supply, install and operate fully equipped on-sale bars at the

Bar Outlets as permitted by and in accordance with this Agreement for the sale of

Beverages and Bar Snacks, sufficient to meet the reasonably anticipated demands of

people attending the Event in 2016, 2017 or 2018 as applicable.

3.4.2 The Concession Holder shall supply, install and operate fully-equipped off-sales facilities

at the Venue Off-sales Outlet as permitted by and in accordance with this Agreement for

the sale of Beverages and Bar Snacks, sufficient to meet the reasonably anticipated

demands of people attending the Event in 2016, 2017 or 2018 as applicable.

3.4.3 The Concession Holder shall ensure that all Beverages and Bar Snacks which it supplies

for sale from the Bar Outlets and the Venue Off-sales Outlet are of good quality,

appropriate to an event with an excellent national reputation.

3.4.4 The Concession Holder shall supply for sale from the Bar Outlets and the Venue Off-sales

Outlet only those Beverages and Bar Snacks the type, brand and the prices of which have

been agreed by the Client (such agreement not to be unreasonably withheld) prior to the

Event in 2016, 2017 and 2018 respectively.

3.4.5 The Concession Holder shall supply for sale from the Bar Outlets and the Venue Off-sales

Outlet for the duration of the Event in any year to which this Agreement relates sufficient

quantities of the products of sponsors of the Event and Pouring Rights holders to satisfy

demand from customers attending the Event.

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3.4.6 The Concession Holder shall ensure that all beers and stouts supplied for sale from the

Bar Outlets are hand-drawn and are not supplied by metered dispense.

3.5 Without prejudice to clause 3, the Concession Holder shall obtain at its own cost and expense all

such consents, permissions and licences (other than the Premises Licence) and serve all such

notices as may be required to be obtained and served for the operation of the Concession by the

Concession Holder in accordance with this Agreement, such consents, permissions, licences and

notices to be produced to the Client on request.

3.6 The Concession Holder shall operate the “Challenge 21” proof of age scheme at all times during its

operation of the Concession and shall take all such other steps as are reasonable to take to help

prevent the sale of alcohol to people under the age of eighteen years.

3.7 Staff

3.7.1 The Concession Holder shall provide the Client with the names of all Staff who will

require access to the Venue on or before the 1st of July in each year to which this

Agreement relates;

3.7.2 The Concession Holder shall ensure that all Staff who require access to the Venue for the

Event in pursuance of this Agreement are supplied with Passes and shall require all such

Staff to exchange those Passes for the Client’s official Cambridge Folk Festival non-

transferable, non-resellable, non-refundable wristbands on entry to the Venue and shall

require such Staff to wear such wristbands at all times that they are present at the

Venue.

3.7.3 The Concession Holder shall require all Staff at the Event in each year to which this

Agreement relates to wear clearly identifiable Concession Holder Staff T-Shirts (of a

design which differs from that of T-Shirts worn by Client staff and that of T-Shirts made

available for sale to the public) at all times when they are present at the Venue and to

comply with reasonable instructions from the Client’s Event Manager relating to the

Client’s policies and procedures for the Cambridge Folk Festival and from the Event Safety

Officer relating to matters of health and safety.

3.7.4 The Concession Holder shall supervise all security staff provided by the Client for day-

time and night-time security of the on-sale bars at the Bar Outlets and the off-sales

facilities at the Venue Off-Sales Outlet.

3.7.5 The Concession Holder shall be responsible for the control and management of all cash

handling activities in relation to the on-sale bars at the Bar Outlets and the off-sales

facilities at the Venue Off Sales Outlet.

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3.7.6 The Concession Holder shall make all Staff available for briefing meetings at the Venue

before or during the Event in any year to which this Agreement relates and for de-briefing

meetings after the Cambridge Folk Festival in any year to which this Agreement relates,

as may reasonably be requested by the Client.

3.7.7 The Concession Holder shall use all reasonable endeavours to ensure that all Staff

conduct themselves in a polite and considerate manner, appropriate for a public park in

which members of the public, including children, may be present.

3.8 Parking and Camping

3.8.1 The Concession Holder shall not permit Staff to park any vehicles within the Venue other

than for set-up, deliveries and departure in accordance with a movement timetable and

the Specification approved in advance by the Client. For the avoidance of doubt, the

Concession Holder acknowledges that vehicles entering and leaving the Venue must

check with the Client’s Event stewards.

3.8.2 The Concession Holder shall not camp and shall not permit Staff to camp within the

Venue, Cherry Hinton Hall or the car parks PROVIDED THAT the Concession Holder may

apply for full price Cambridge Folk Festival tickets and sufficient camping tickets for the

size of tents for the campsite of its choice, such tickets being subject to availability.

3.9 The Concession Holder shall co-operate with the Client to assist the Client in obtaining Pouring

Rights income from beverage manufacturers or bottlers in respect of the Beverages and shall not

attempt to secure Pouring Rights income on its own behalf.

3.10 Advertising and Agreed Title

3.10.1 The Concession Holder shall not without the prior written consent of the Client advertise

or publicise the Concession Holder’s association with the Event in 2016, 2017 or 2018 in

any way or use the Registered Trade Mark;

3.10.2 The Concession Holder shall not without the prior written consent of the Client advertise,

market, publicise or otherwise use any product names or branding at the Venue,

including in or on the Bar Outlets;

3.10.3 The Concession Holder shall permit advertising and branding for the Event sponsors and

Pouring Rights holders in or on the Bar Outlets and the Venue Off-sales Outlet as directed

by the Client;

3.10.4 The Concession Holder shall use its best endeavours at all times to refer to the Event in

2016, 2017 and 2018 by the Agreed Title, accompanied by the words ‘organised and

promoted by Cambridge Live’ and ‘sponsored by’ followed by the name of such sponsor

as the Client shall notify to the Concession Holder.

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3.11 The Concession Holder shall at regular intervals (and at least daily) during each Event to which this

Agreement relates and at the end of each such Event remove from the Venue all waste materials

generated by the operation of the Concession and shall leave the Bar Outlets and the Off-sales

Outlet in a clean and tidy condition.

3.12 The Concession Holder shall observe and conform to all regulations and restrictions made by the

Client from time to time for the proper management of the Event.

4. HEALTH AND SAFETY

4.1 The Concession Holder undertakes to comply with all relevant rules, procedures and statutory

requirements as regards health and safety (including (but not limited to) the Health and Safety at

Work Act etc. 1974 and any other acts, orders, regulations and codes of practice relating to health

and safety) which may apply to the Concession Holder’s Staff and other persons in the

performance of this Agreement and the Client’s safety policy as notified in writing.

4.2 The Concession Holder undertakes to provide the Client’s Environmental Health Officer at least six

(6) weeks before the start of the Event in 2016, 2017 and 2018 as applicable, with a written risk

assessment of all the operations to be provided by or on behalf of the Concession Holder or

carried out by or on behalf of the Concession Holder at the Venue.

4.3 Without prejudice to clause 4.1 and in accordance with the Client’s safety policy, the Concession

Holder undertakes to ensure that all contractors of the Concession Holder undertake company risk

assessments and comply with the Health and Safety at Work etc. Act 1974 and that all electrical

installations and appliances comply with the IET Wiring Regulations BS7671:2008 (2011) and that

all traders comply with any directives specifically relating to safety made by Cambridgeshire

County Council Fire Service’s Fire Officer for the Event in 2016, 2017 or 2018 as applicable.

4.4 The Concession Holder undertakes to provide competent (which includes having relevant

experience, training and qualifications) Staff for the Event in 2016, 2017 and 2018 as applicable

and warrants that all equipment provided for those events shall comply and continue to comply

with all fire, police, health and safety, environmental and local authority regulations and

requirements.

4.5 The Concession Holder undertakes to provide all necessary support and assistance to the Client,

including the provision of all relevant documentation (following approval from the relevant

authorities), in respect of the Concession Holder’s activities at the Event in 2016, 2017 and 2018

as applicable and in respect of the security, insurance and health and safety aspects of those

events.

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4.6 The Concession Holder undertakes to provide all such fire fighting equipment as it is appropriate

to provide at the Venue for the operation of the Concession and, without prejudice to the

generality of the foregoing, to maintain such fire fighting equipment at all times in good working

order and service it regularly. For the avoidance of doubt, such fire fighting equipment shall

include a minimum of one dry powder extinguisher and one fire blanket per fire point.

4.7 The Concession Holder undertakes not to commence trading at the Venue until such time as the

Client has confirmed that the Concession Holder has complied with clause 4.6 and the Concession

Holder acknowledges that Cambridgeshire County Client Fire Service’s Fire Officer has the power

to enter the Venue and check the Concession Holder’s equipment.

5. MONITORING, AUDIT AND INVESTIGATIONS

5.1 The Client shall be entitled to monitor the Concession Holder’s operation of the Concession to

ensure that it complies with this Agreement and the Concession Holder shall comply with all

reasonable instructions and requests of the Client in that regard.

5.2 For the duration of this Agreement and for a period of six years thereafter the Contractor shall, at

its own cost, co-operate fully with any enquiry or investigation (whether routine or specific) made

by the Client’s internal or external auditors or any other regulatory body, that in any way

concerns, affects or relates to the Cambridge Folk Festival or any sums claimed or charged in

relation to this Agreement

5.3 Such co-operation as is mentioned in clause 5.2 shall include (but not be limited to) the following:

5.3.1 providing access to or copies of such files, documents, letters, notes, minutes, records,

accounts or any other information (held in any medium) that relate to the subject or

service under investigation

5.3.2 providing access to the premises, vehicles, plant, equipment (including ICT hardware and

software) or other assets used by the Concession Holder in the operation of the

Concession;

5.3.3 providing access to the Concession Holder’s Staff involved in the Concession (including

management and supervision) or who may be the subject of or named in any enquiry or

investigation by the auditors, including providing suitable facilities for interviewing such

Staff;

5.3.4 maintaining the confidentiality of the enquiry or investigation when requested to do so

by the auditors.

5.4 The Client shall use its reasonable endeavours to ensure that the conduct of each audit does not

unreasonably disrupt the Concession Holder or interrupt or delay the operation of the Concession.

37

5.5 The Client shall endeavour to (but is not obliged to) provide at least ten working days’ notice of its,

or a regulatory body's, intention to conduct an audit.

5.6 The parties agree that they shall bear their own respective costs and expenses incurred in respect

of compliance with their obligations under this clause, unless the audit identifies a material failure

to perform its obligations under this Agreement by the Concession Holder, in which case the

Concession Holder shall reimburse the Client for all the Client's reasonable costs incurred in the

course of the audit.

5.7 If an audit or investigation identifies that the Concession Holder has failed in any material

particular to perform its obligations under this Agreement, the Concession Holder shall remedy

that failure forthwith.

5.8 The Concession Holder shall ensure that the terms of any sub-contract to this Agreement contain

equivalent provisions to this clause 5.

5.9 Not later than two months after the end of the Event in each year to which this Agreement

relates, the Concession Holder shall provide the Client with details of the quantities of each

product sold by the Concession Holder at the Event in that year.

6. SUB-CONTRACTING AND ASSIGNMENT

6.1 The Concession Holder shall not without the prior written consent of the Client assign or transfer

any benefit, duty or obligation under this Agreement or any right or remedy available to it under

this Agreement.

6.2 Upon any assignment or transfer permitted under clause 6.1 of this Agreement, the assignor or

transferor shall ensure that the assignee or transferee enters into a written undertaking with the

Client to comply with the terms and conditions of this Agreement.

6.3 The Concession Holder shall not sub-contract or allow any other person to operate the Concession

or perform any of its obligations under this Agreement without the prior written consent of the

Client. Any such sub-contract shall not in any way relieve the Concession Holder from its

obligations and liabilities under this Agreement and the Concession Holder shall be and shall

remain fully responsible in respect of those obligations and liabilities notwithstanding such sub-

contract.

6.4 This Agreement is binding on the Concession Holder and its successors and permitted assignees.

7. EQUALITIES

7.1 The Concession Holder shall, in respect of its Staff engaged in the operation of the Concession,

comply with the requirements of the Equality Act 2010 and shall not discriminate against (directly

38

or indirectly), harass or victimize any individual or group of people because of age; disability;

gender reassignment; marriage or civil partnership; pregnancy or maternity; race; religion or

belief; sex or sexual orientation and, further, shall seek to advance equality of opportunity and

foster good relations generally.

7.2 The Concession Holder shall refer to its equal opportunities policy:

7.2.1 in instructions to those concerned with recruitment, training and promotion of its Staff

engaged in the operation of the Concession;

7.2.2 in documents available to such Staff, recognised trade unions or other representative

groups of its Staff; and

7.2.3 in advertisements and other literature for such Staff

7.3 The Concession Holder shall, on request, provide the Client with examples of such instructions,

documents, advertisements and other literature

7.4 In the event of any finding of unlawful discrimination, harassment or victimisation being made

against the Concession Holder by any court or tribunal, or of an adverse finding in any formal

investigation, the Concession Holder shall take appropriate steps to prevent repetition of the

unlawful conduct and shall, on request, provide the Client with details of any steps taken

7.5 The Concession Holder shall take all reasonable steps to ensure that its Staff engaged in the

operation of the Concession do not act towards either members of the public or Client personnel

in a manner that could amount to unlawful discrimination, harassment or victimization.

8. DATA PROTECTION AND CONFIDENTIALITY

8.1 The Concession Holder shall (and shall procure that any of its Staff involved in the operation of the

Concession) comply with any notification requirements under the Data Protection Act 1998

(“DPA”) and both parties shall duly observe all their obligations under the DPA, which arise in

connection with this Agreement.

8.2 Notwithstanding the general obligation in clause 8.6 above, where the Concession Holder is

processing personal data as a data processor for the Client, the Concession Holder shall ensure

that it has in place appropriate technical and contractual measures to ensure the security of the

personal data (and to guard against unauthorised or unlawful processing of the personal data and

against accidental loss or destruction of, or damage to, the personal data), as required under the

Seventh Data Protection Principle in Schedule 1 to the DPA; and shall

8.2.1 provide the Client with such information as the Client may reasonably require to satisfy

itself that the Concession Holder is complying with its obligations under the DPA;

39

8.2.2 promptly notify the Client of any breach of the security measures required to be put in

place pursuant to clause 8.6; and

8.2.3 ensure it does not knowingly or negligently do or omit to do anything that places the

Client in breach of the Client's obligations under the DPA.

8.3 The provisions of clause 8.7 shall apply for the duration of this Agreement and indefinitely

afterwards.

8.4 Subject always to the foregoing provisions of this clause 8, the parties acknowledge that all

information set out or referred to in this Agreement and all further information and documents

provided by one party to the other at any time in connection with this Agreement and documents

prepared by the Concession Holder in connection with this Agreement are and shall be strictly

private and confidential.

8.5 Subject always to the foregoing provisions of this clause 8, the Concession Holder shall not (and

shall ensure that its Staff do not) disclose or part with possession of any such information or

documents to any third party without the prior written consent of the Client and all such

information and documents shall be kept secret by the Concession Holder and shall be used only

for the operation of the Concession and the performance of its obligations under this Agreement.

8.6 The Concession Holder shall return all relevant data to the Client at the end of each Event.

9. REGISTERED TRADE MARK

9.1 The Concession Holder acknowledges that the Client is the proprietor of the Registered Trade

Mark and that any rights to use the Registered Trade Mark granted by this Agreement are non-

exclusive and that the Client shall be entitled to use the Registered Trade Mark and to grant

licences to use the Registered Trade Mark to any other party and for any purpose whatsoever as

the Client may in its absolute discretion decide.

9.2 The Concession Holder shall not at any time register or use the Registered Trade Mark in its own

name as proprietor and shall not claim any right or title or interest in the Registered Trade Mark

or any part of it save as is granted by this Agreement.

9.3 Apart form the permissions granted in this Agreement, the Concession Holder agrees not to use

the Registered Trade Mark for any other commercial or other purpose whatsoever without the

express prior written consent of the Client.

10. PROVISION OF SERVICES BY THE CLIENT

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10.1 The Client agrees to provide the Concession Holder (at no cost to the Concession Holder) at the

Cambridge Folk Festival in 2016 and at the Cambridge Folk Festival in 2017 and 2018 if applicable,

as follows:

10.1.1 four (4) radios;

10.1.2 a 2.5 metre heras-style fence surrounding the Bar Compound in such position as the

Client shall decide, with a lockable gate (but specifically excluding any lock or security

system for such gate);

10.1.3 a portable roadway leading to the Bar Compound in such position as the Client shall

decide;

10.1.4 a public address system for the main bar;

10.1.5 plumbing for three (3) sinks within the bar compound (but specifically excluding the cost

of water or sinks used) subject to the Concession Holder using only Client approved sub-

contractors to connect such services within the Bar Compound

10.2 The Client agrees to provide the Concession Holder, in consideration of the payment by the

Concession Holder of the Client Recharge, at the Cambridge Folk Festival in 2016 and at the

Cambridge Folk Festival in 2017 and 2018 if applicable, as follows:

10.2.1 four (4) cabins (including the delivery and collection thereof), two (2) of which are to be

located within the Bar Compound, to be used for offices and storage and two (2) of which

are to be used for the accommodation of Staff and are to be located in that part of the

Venue outside the Bar Compound which is to be used as the production area;

10.2.2 supply, erection and removal of up to three (3) marquees (for the main bar, Irish bar and

beer store (if requested), with associated canvas walling, carpet, duck boarding (if

requested) and associated insurance;

10.2.3 supply, maintenance and cleaning of one (1) cubicle toilet unit and one (1) shower unit

within the Bar Compound;

10.2.4 security personnel during the day and night for the Bar Outlets and the Venue Off-Sales

Outlet and such additional security personnel as the Client may deem appropriate at bar

closing and cash collection times, arrangements for such security to be agreed with the

Client prior to each of the Events in 2016 and in 2017 and 2018 if applicable (such

agreement not to be unreasonably withheld). In accordance with clauses 3.7.4 and 3.7.5,

the Concession Holder shall be responsible for the supervision of security personnel and

for its own cash handling.

10.2.5 one (1) vehicular trackway within the Bar Compound in such position as the Client may

decide;

41

10.2.6 a three-phase distribution unit for the Bar Compound, cold store and bars.

10.3 In the event that the Concession Holder wishes the Client to provide services or equipment

additional to those mentioned in clause 10.2, it shall notify the Client of such services or

equipment as soon as practicable. Whilst the Client will use reasonable endeavours to provide

such additional services or equipment, it shall be under no obligation to do so. In the event that

the Client does provide such additional services or equipment, such provision shall be

inconsideration of the payment by the Concession Holder of the Client Recharge.

10.4 The Concession Holder shall be responsible for the cost of repair or replacement of any of the

equipment referred to in clauses 10.1 and 10.2 and which is damaged or lost.

10.5 The Concession Holder shall pay the Client Recharge within fourteen (14) days of receipt of an

itemised invoice therefore.

11. CLIENT RETAINED DRINKS OUTLET

11.1 The Client retains for itself the right to permit such persons as it shall in its absolute discretion

approve to sell tea, coffee, hot drinks and any or all Beverages (other than the Exclusive

Beverages) and Bar Snacks to the public at the Venue for the Event in any year to which this

Agreement relates.

11.2 The Client retains for itself the right to permit at the Event in any year to which this Agreement

relates, anywhere in the Venue, sampling of any or all Beverages free of charge in units of not

more than 15ml.

12. DISPUTE RESOLUTION

12.1 The parties shall attempt in good faith, within thirty (30) days of either party notifying the other of

a dispute, to negotiate (including through mediation if the parties agree to mediation) a

settlement to any dispute between them arising out of or in connection with this Agreement.

Such efforts to resolve the dispute may involve escalation of the dispute to the finance director (or

equivalent) of each party. Nothing in this clause shall prevent the parties from seeking from any

court of competent jurisdiction an interim order restraining the other party from doing any act or

compelling the other party to do any act. If the parties under the foregoing provisions of this

clause cannot resolve the dispute, then either party may, at any time, refer the dispute to the courts.

13. INDEMNITY

13.1 Save that neither party excludes or limits liability to the other party for death or personal injury

caused by its negligence or for breach of any of its obligations implied by Section 2 of the Supply

42

of Goods and Services Act 1982, the Concession Holder shall indemnify and keep indemnified the

Client fully against all claims, proceedings, actions, damages, legal costs, expenses and any other

liabilities whatsoever arising out of, in respect of or in connection with this Agreement including in

respect of any death or personal injury, loss of or damage to property (including the Venue itself),

breach of intellectual property rights, financial loss arising from any advice given (or omitted to be

given) by the Concession Holder or any other loss which is caused directly or indirectly by any act

or omission of the Concession Holder. This clause shall not apply to the extent that the

Concession Holder is able to demonstrate that such death or personal injury or loss or damage

was not caused or contributed to by its negligence or default, or the negligence or default of its

Staff, or by any circumstances within its or their control.

14. INSURANCE

14.1 The Concession Holder shall effect and maintain for a period of 6 years following the expiry of this

Agreement or the termination of this Agreement for any reason a policy or policies of insurance

with a reputable insurance company providing the levels of cover as follows:

14.1.1 Public liability insurance with a minimum limit of indemnity of Five Million Pounds

(£5,000,000) in respect of any one act or occurrence or series of acts or occurrences

arising from one cause, including death or personal injury, loss of or damage to property

or any other loss. Such policy or policies shall include cover in respect of any financial

loss arising from any advice given or omitted to be given by the Concession Holder.

14.1.2 Employer’s liability insurance with a minimum limit of indemnity of Five Million Pounds

(£5,000,000) in respect of Staff and in accordance with any legal requirements for the

time being in force.

14.2 The Concession Holder shall produce to the Client, on request, copies of all insurance policies

referred to in this clause or a broker’s verification of insurance to demonstrate that the

appropriate cover is in place, together with receipts or other evidence of payment of the latest

premiums due under those policies.

14.3 If, for whatever reason, the Concession Holder fails to give effect to and maintain the insurances

required by this Agreement the Client may make alternative arrangements to protect its interests

and may recover the costs of such arrangements as a debt from the Concession Holder.

14.4 The terms of any insurance policy or the amount of cover shall not relieve the Concession Holder

of any liabilities under this Agreement.

15. TERMINATION

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This Agreement may be terminated:

15.1 by either party (without prejudice to any rights or remedies that either may have one against the

other) forthwith by notice in writing in the event of a material breach by the other party of any of

its obligations herein contained;

15.2 by either party (without prejudice to any rights or remedies that either party may have one

against the other) forthwith by notice in writing in the event that the Event in 2016, 2017 or 2018

as applicable is cancelled or where the Cambridge Folk Festival passes from the direct control and

responsibility of the Client.

15.3 by agreement between the parties;

15.4 by the Client if in its opinion the standard of preparation or service (or both) provided by the

Concession Holder at the Event in 2016, 2017 or 2018 as applicable is unsatisfactory and not

commensurate with the Cambridge Folk Festival being a prestigious international event, in which

case the Client will supply the Concession Holder with a detailed statement of its reasons for such

termination and PROVIDED ALWAYS that the Client will afford the Concession Holder the

opportunity to answer any allegations and put forward suggestions for remedying the same and to

discuss the same fully; AND FURTHER PROVIDED ALWAYS that in the event of termination both

parties shall be released from their obligations hereunder save to the extent of any breach

existing at the date of termination.

15.5 by the Client if:

15.5.1 the Concession Holder is an individual or a firm and a petition is presented for the

Concession Holder’s bankruptcy, or a criminal bankruptcy order is made against the

Concession Holder or any partner in the firm, or the Concession Holder or any partner in

the firm makes any composition or arrangement with or for the benefit of creditors, or

makes any conveyance or assignment for the benefit of creditors, or if an administrator is

appointed to manage the Concession Holder’s or firm’s affairs; or

15.5.2 the Concession Holder is a company, if the company passes a resolution for winding up or

dissolution (otherwise than for the purposes of and followed by an amalgamation or

reconstruction) or an application is made for, or any meeting of its directors or members

resolves to make an application for an administration order in relation to it or any party

gives or files notice of intention to appoint an administrator or it or such an administrator

is appointed, or the court makes a winding-up order, or the company makes a

composition or arrangement with its creditors, or an administrative receiver, receiver,

manager or supervisor is appointed by a creditor or by the court, or possession is taken of

any of its property under the terms of a fixed or floating charge; or

44

15.5.3 the Concession Holder is unable to pay its debts within the meaning of section 123 of the

Insolvency Act 1986; or

15.5.4 the Concession Holder shall suffer any distress or execution to be levied on the

Concession Holder’s goods.

16. PREVENTION OF CORRUPTION

16.1 The Client shall be entitled to terminate this Agreement and to recover from the Concession

Holder the amount of any loss or damage resulting from such termination if the Concession

Holder or any of its Staff (with or without the knowledge of the Concession Holder) commits a

Prohibited Act.

16.2 The Concession Holder warrants, represents and undertakes that it is not aware of any financial or

other advantage being given to any elected member of the Client or any person working for or

engaged by the Client, or that an agreement has been reached to that effect, in connection with

the execution of this Contract.

16.3 As soon as either party becomes aware of or suspects the commission of any Prohibited Act in

relation to this Agreement it shall notify the other party. The Client shall have the right to require

that the Concession Holder suspend from any further work in connection with the Concession any

person the Client reasonably suspects of fraudulent action or malpractice.

17. CAPACITY

17.1 Each party warrants that it has the full and absolute right and power to enter into this Agreement

and shall indemnify the other party against any costs (including legal costs) claims actions losses

damages and expenses which may be brought against or incurred or suffered by the other party or

its servants agents and contractors arising out of any breach of warranty.

18. FORBEARANCE

18.1 No forbearance, indulgence or relaxation on the part of the Client shown or granted to the

Concession Holder in respect of the Concession Holder’s obligations under this Agreement, shall in

any way affect, restrict or diminish the rights and powers of the Client under this Agreement or

operate as or be deemed a waiver of any breach of contract.

19. ILLEGALITY AND UNENFORCEABILITY

19.1 In the event that any provision in this Agreement is declared by any judicial or other competent

body to be void, voidable, illegal or otherwise unenforceable such provision shall to that extent be

45

deemed not to form a part of this Agreement and the enforceability of the remainder of this

Agreement shall not be affected.

20. NO AGENCY OR PARTNERSHIP

20.1 The parties to this Agreement are not partners or joint venturers and nothing in this Agreement

shall constitute either party the agent of the other.

21. RIGHTS OF THIRD PARTIES

21.1 The parties to this Agreement agree that, except as otherwise expressly provided in this

Agreement, nothing in this Agreement is intended to confer on any person any right to enforce

any terms of this Agreement which that person would not have had but for the Contracts (Rights

of Third Parties) Act 1999.

22. ACCRUED RIGHTS AND REMEDIES

22.1 The termination of this Agreement shall not prejudice or affect any claim, right, action or remedy

that may have accrued or shall thereafter accrue to either party.

22.2 Subject to the specific limitations set out in this Agreement, no remedy conferred by any provision

of the Agreement is intended to be exclusive of any other remedy except as expressly provided for

in the Agreement and each and every remedy shall be cumulative and shall be in addition to every

other remedy given by the Agreement or existing at law or in equity, by statute or otherwise

23. COMMUNICATIONS

23.1 Any notice or other communication to be given under the terms of this Agreement shall be

deemed properly given if such notice is in writing and is sent by the more appropriate in the

circumstances of recorded delivery post (or equivalent) and e-mail, to the addresses of the parties

set out below (or such other addresses as either party may designate by notice given in

accordance with this clause 23):

23.1.1 The Client:

Eddie Barcan

Folk Festival Manager

Cambridge Live

3 Parson’s Court

Wheeler Street

Cambridge

46

CB2 3QE

E-mail: eddie.barcan@cambridgelivetrust.co.uk

23.1.2 The Concession Holder:

[name]

E-mail : [insert]

with a courtesy copy to be sent contemporaneously to [insert] at [insert]

E-mail : [insert]

23.2 The parties shall promptly notify one another of any change of postal address or e-mail address.

24. FORCE MAJEURE

24.1 Both parties shall use their best endeavours to ensure that the Event takes place as planned in all

years to which this Agreement relates, but, except for the payment of any amounts due pursuant

to this Agreement, neither party shall be liable to the other for any loss, damage, cost, claim,

expense, delay or default arising by reason of Acts of God, storm, fire, flood, earthquake, war, civil

commotion or other cause beyond the reasonable control of the party sought to be charged.

25. ENTIRE AND FINAL AGREEMENT

25.1 This Agreement constitutes the entire agreement and understanding between the parties with

respect to all matters which are referred to and shall supersede any previous agreements

between the parties in relation to the matters referred to in this Agreement.

25.2 All additions, amendments and variations to the terms of this Agreement shall be binding only if

set out in writing and approved and (wherever practicable) signed by the duly authorised

representatives of both the Client and the Concession Holder.

26. APPLICABLE LAW

This Agreement and all its provisions shall be considered as a contract made in the United

Kingdom and shall be construed in accordance with English Law. Each party agrees to submit to

the exclusive jurisdiction of the English courts as regards any claim or matter arising under this

Agreement or concerning the operation of the Concession.

IN WITNESS whereof this Agreement has been executed by the parties as a deed the day and year first

before written.

47

EXECUTED as a deed by ) Cambridge Live Limited ) acting Director and ) acting Director ) EXECUTED as a deed by ) [ ] Limited ) acting [a Director and the ) Company Secretary/two ) Directors of the company) ) OR EXECUTED as a deed by ) [ ] Limited ) acting [ ]a Director ) in the presence of: ) Witness Signature Witness name (printed) Address Occupation: OR EXECUTED as a deed by ) [ ] ) in the presence of: ) Witness Signature Witness name (printed) Address Occupation:

48

SCHEDULE 1

The Specification

49

SCHEDULE 2

The Tender

50

PART C – TENDER FORM

Please complete this section fully and sign carefully

SECTION 8: TENDER FORM

UNCONDITIONAL AND IRREVOCABLE OFFER TO CAMBRIDGE LIVE

Re: Invitation to Tender for the provision of Marquees at Cambridge Folk Festival 2016 (with options to extend for 2017 and 2018)

Having read carefully the Invitation to Tender:

1. We offer to perform the Services specified and to complete the contract in accordance with the Contract and our Tender for the sum of: £ ______________________________ Enter amount in words: _____________________________________________________________ A breakdown of our price is included in the Pricing schedule below. (Please insert your breakdown in the area indicated below)

NOTE: All services defined within the specification including the equipment/ services defined at paragraphs 18 and 19 of the specification at Section 6 shall be provided to the Contractor by the Client. The equipment/ services at paragraph 18 shall be on a free issue basis. However the equipment/ services at paragraph 19 shall be re-charged by the Client to the Contractor. The amount of re-charge is not known with certainty at this time but for illustration only the cost of the re-charges to the previous contractor (during 2015) in included in paragraph 19 of Section 6. A price is required for year 1 only).

2. We confirm that if our Tender is accepted we will, upon demand:

Produce evidence that all relevant insurances and compliance certificates with relevant legislation and policy are held and in force.

Sign formal contract documentation. 3. We agree that this Tender shall constitute an irrecoverable, unconditional offer which may not be withdrawn for a period of 50 days from the date of submission. 4 [DELETE IF NOT APPLICABLE] We are a subsidiary company within the meaning of Section 736 of the Companies Act 1985. In consideration of Cambridge Live inviting our subsidiary to tender we hereby enter into this Deed of Undertaking. We, being the ultimate holding company of our subsidiary company, hereby irrevocably and unconditionally promise and undertake that in the event of the Form of Tender submitted by our subsidiary being accepted by Cambridge Live in accordance with the Form of Tender and conditions attached thereto, and, if requested to do so by Cambridge Live, we shall forthwith upon request properly execute and deliver to Cambridge Live a Deed of Guarantee and Indemnity to guarantee due performance by our subsidiary and indemnify Cambridge Live against loss in the form reasonably required by the Cambridge Live, but subject to the insertion of such details and the making of revisions as Cambridge Live may reasonably require in the light of the terms and the nature and effect of the contract constituted by the said acceptance. We enclose a Parent Company Guarantee undertaking [PLEASE INCLUDE THIS UNDERTAKING SEPARATELY]1.

1 Delete if not applicable.

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5 We agree that until a formal Contract/Agreement is prepared and executed this Tender, together with Cambridge Live’s written acceptance thereof shall constitute a binding contract between us in the terms of the Contract. We understand that Cambridge Live is not bound to accept any tender it receives. 6. We certify that this is a bona fide tender, intended to be competitive and that we have not (either personally or by anyone acting on my/our behalf): a. Fixed the amount of the Tender (or the rate and prices quoted) by agreement with any

person. b. Communicated to anyone other than Cambridge Live the amount or approximate amount or

terms of our proposed tender (other than in confidence in order to obtain quotations, professional advice or insurance necessary for the preparation of the tender).

c. Entered into any agreement or arrangement with any other person/organisation that they shall refrain from tendering or as to the amount or terms of any tender to be submitted by that person/organisation.

d. Canvassed or solicited any member, officer or other employee of Cambridge Live in connection with the award of this or any other Cambridge Live contract or tender.

e. Offered, given or agreed to give any inducement or reward in respect of this or any other Cambridge Live contract or tender.

f. Hired a third party to write this tender on our behalf. Price Breakdown:

52

If a Company*

(1) Signature .................................................. Name .................................................. (Director)

(2) Signature ................................................. Name ................................................. (Director/Company Secretary)*

For and on behalf of: ..................................................................... (print Company’s full name and registered number) DATE: ...................................................................... If a Sole Principal/Partnership*

(1) Signature .................................................. Name .................................................. Job Title/Designation ..................................................

*(2) Signature ................................................. Name ................................................. Job Title/Designation ..................................................

For and on behalf of: ...................................................................... (print business’ full name) DATE: ...................................................................... *delete as applicable

If a Limited Liability Partnership

(1) Signature .................................................. Name .................................................. (Member)

(2) Signature ................................................. Name ................................................. (Member)

For and on behalf of: ...................................................................... (print business’ full name) DATE: ......................................................................

53

BUSINESS INFORMATION

This information will be only shared with those staff members involved in the procurement exercise. All fields must be completed.

1. APPLICANT DETAILS

1.1

Trading Name of the Organisation:

1.2 Contact Name for enquiries about this bid:

1.3 Contact Position (Job Title):

1.4 Address:

Postcode:

1.5 Telephone Number(s):

1.7 E-mail Address:

1.8 Website Address (if any)

1.9 Registered Name of Organisation (if different from 1.1.):

1.10 Registered Address (if different from 1.4):

Postcode:

1.11 Company Registration No:

1.12 Charity/Housing Association/Other Registration No:

(if applicable)

1.14 VAT Registration Number:

1.15 Type of organisation (e.g. public limited company, company limited by guarantee, sole trader, LLP etc):

54

2. OWNERSHIP

2.1 Is the Applicant a subsidiary of another company as defined by Section 736(1) of the Companies Act 19852?

YES / NO

If YES to 3.1, give the following details in respect of the Holding/Parent company:

Registered Name:

Registered Office address:

Registration Number:

Note: The Holding/Parent Company may be required to enter into a Deed of Guarantee, where a contract is proposed with a subsidiary to indemnity against all losses, damages, costs which may be incurred by reason of any default on the part of the applicant.

2 A Company is a “subsidiary” of another company, its “holding company”, if that other company: (a) holds a majority of the voting rights in it or (b) is a member of it and has the right to appoint or remove a majority of its board of directors or (c) is a member of it and controls alone pursuant to an agreement with other shareholders or members, a majority of the voting rights in it, or it is a subsidiary of a company which is itself a subsidiary of that other company

3. FINANCIAL AND INSURANCE MATTERS

3.1 Please complete the table below using figures from your last three years’ financial accounts3:

Financial Year

(please enter the appropriate years/dates for your organisation)

Period Ended Period Ended Period Ended

DD/MM/YY DD/MM/YY DD/MM/YY

What is your present cashflow and credit position?

Cash (overdraft) £ at DD/MM/YY.

Credit Facility £ at DD/MM/YY

3.2 Please make sure you have included copies of the following:

A copy of your most recently audited accounts (for the last three years, if this applies)?

YES / NO

A statement of your turnover, profit & loss account and cashflow for the most recently year of trading?

YES / NO

3.3 If your organisation’s tender is successful, adequate insurance cover will be required. If your current insurance is insufficient to meet the minimum requirements set out, please confirm that if awarded a contract, increased cover will be available at no extra cost to Cambridge Live.

Please include a copy of your company’s current Public & Employer’s Liability Insurance certificates with your tender.

YES / NO / n/a

3.4 Please state whether there are any outstanding insurance claims against your organisation(s) (other than for routine matters)

YES / NO

If YES to 4.10, please provide brief details:

3 To facilitate correct interpretation of the figures provided, please enter the figures numerically in full, e.g. £4,500,000 and not £4,500k

4. BUSINESS ACTIVITIES

4.1 Typically, when providing products and/or services and/or services of the type called for under this contract, would you engage sub-contractors?

YES / NO

4.2

If YES to 4.1,

Which elements of the service would typically be delivered by sub-contractors?

Please detail here any sub-contractors you intend to use

Please describe your procedures for identifying sub-contracts

5. EXPERIENCE & REFERENCES

5.1 Please describe your experience in the last THREE years of providing contracted products and/or services, services or works similar to those being sought under this contract.

Name of client Brief description of contract

Start / end dates Annual contract value (£)

5.2

Tenderers must provide a minimum of two written references with their tender. Referees are not sufficient. Completed references must be supplied.

These must be no more than a year old and relate to equivalent/ similar services sought under this tender. Cambridge Live reserves the right to approach the referees to validate/ seek further information on the tenderers performance.

If you cannot provide two references, please explain why below:

5.3 Has your organisation within the last 5 years:

a) Incurred contract penalties default notices or payment of liquidated damages?

YES / NO

b) Withdrawn from a contract after the contract has been awarded (either before or after commencement of the contract)

YES / NO

c) Had a contract terminated by the client earlier than the originally intended date?

YES / NO

If YES, please give details:

6. QUALITY PROCEDURES & CONTRACT MANAGEMENT

6.1 Is your organisation corporately a member of, or accredited by, a recognised industry association(s)?

If YES to 6.1 please provide Membership/Accreditation Certificates to evidence this (where applicable)

7. HEALTH AND SAFETY

7.1 Do you currently hold any external health and safety accreditations, such as CHAS, Constructionline, or equivalent?

YES / NO

If YES, please provide the following details:

Name of Accrediting Organisations

Your Accreditation Reference No:

Date Accreditation Valid Until:

Have you applied for membership if you are not already a member?

YES / NO

Please provide a copy of your accreditation certificate with your Application Form

If you have answered YES to 7.1, and provided details and the copy of your certificate as requested.

7.2 Does your organisation have a written Health and Safety at Work policy?4

YES / NO

If YES, please provide an up to date copy which should not be more than two years old of your Health & Safety General Policy Statement, signed and dated by your Chairman, Chief Executive, Managing Director or Company Secretary5

Note: Please DO NOT SUBMIT your full Health & Safety Policy or Manual

If NO, please explain why not

7.3 Please detail any Health & Safety Executive/Local Authority enforcing Action (e.g.. Prosecution or issue of Improvement or Prohibition Notices) taken against your organisation in the past 3 years?

YES / NO

If YES, what action has been taken with in the organisation to remedy enforcing Action(s) and prevent similar occurrence in the future?

4 Any business employing five or more people has, by law, to prepare and bring to the attention of employees a written Health & Safety Policy

Statement 5 A short statement outlining the organisation’s commitment to Health & Safety, signed and dated by a senior organisation official.

7.4 Who is your “Competent Person” for provision of health and safety advice, as required by the Management of Health and Safety at Work Regulations 1992? If external consultants, please provide the name and address of the organisation and the name of the consultant:

Name

Position

Telephone No.

Email Address

To whom does the “Competent Person” report to in your organisation?

METHOD STATEMENTS AND SUPPORTING INFORMATION

Please provide a response to the method statements below, to explain how you propose to deliver the services required in the Specification. Supporting information (not in the form of a question) may also be required in some areas.

Tenderers are reminded that evaluation of their method statements will account for 60% of the total tender score.

Method Statement Question % weight

Product suitability/quality

Q1 - Please list all the products ranges/ types/ brands including their specific gravities that

you would have available for sale, if successful. (Note that higher marks will be awarded for

provision of Guinness, Pimms and local/ regional ales (section 6 of spec).

Q2 -Please describe your proposals for managing the provision of hot and spicy cider. Q3 - Please include details of any awards of other indicators of quality for your proposed products.

11 2 2

Bar prices Q4 - Please state the prices for each of your products, including all of your measures, noting that higher marks will be given for more competitively priced offers that do not unfairly favour or restrict variety for the consumer.

10

Staffing

Q5 - Please indicate how you would ensure that suitably experienced and competent staff would be deployed at the event at all levels of your operation. This should include details of the experience of staff and training/supervision/ management arrangements that will be utilised to ensure standards are maintained.

Q6 - Please detail the number of staff you would deploy during the event, broken down per bar area, and showing how you would handle shifts, peaks in demand and unexpected staff absence.

Q7 - Please detail how, should you need to, you would recruit bar staff and your understanding of the local recruitment issues operating in Cambridge and how this may influence staffing.

Q8 - Please describe your approach to the appearance of bar staff and describe or provide a photo of their staff t-shirt.

Q9 - Please describe your proposals for accommodating your staff.

1 1 1 1 1

Environmental issues

Q10 - Please describe how you propose to operate and manage the system of re-using and refilling plastic glasses, including deposit system, amount of deposit and when and where customers would be able to get their deposit returned.

Q11 - In accordance with section 16 of the specification, please provide details of your

approach over environmental issues for your solution.

3 2

Implementation

Q12 - In accordance with section 7 of the specification, please provide a method statement for your operation of the bar(s)

Q13 - Please describe how you will ensure a high level of quality customer service,

5 2

including the timely and transparent handling of customer complaints.

Q14 - Please describe how you would manage the cellar management, presentation and dispense of specialist products, such as Irish stout, Pimms and real ales.

Q15 - Please describe how you would propose to ensure that your real ales are served to a consistently high quality, at optimum temperature and avoiding complaints of cloudiness etc. Please identify any potential problems that you might face and how you would mitigate against them. Q16 - Please describe how you would ensure that you do not run out of the products included in your bar tariff

Q17 - Please indicate how you would ensure effective communication with Client staff during the course of the event, and leading up to/ following the event.

Q18 - Please provide details of the quality assurance system that you would apply to your operations at the event.

1 2 1 1 1

Style of bar presentation and operation Q19 - Please describe the style of bar presentation, marquee ornamentation and operation that you would employ, providing photographs to show what the bar would look like. Higher marks will be given for those solutions that are comparable to a typical pub.

Q20 - Please describe the manner in which customers will be served from when they first enter the bar to when they pay for their drinks. This should include arrangements for dispensing drinks and your cash procedures at the point of sale. Q21 - Please describe the methods of payment available to customers and any cashback facilities.

Q22 - Please describe how you would manage the backstage bar and whether you would

install a bar in the marquee, bring a trailer unit or require an annex to the marquee.

4 2 1 1

Timeframe

Q23 - Please provide your outline project plan/ timeline for the event to include your proposed set up, delivery of equipment and stock and take down of your operation at this event.

2

Number of Passes

Q24 - Please state how many site (people) passes will be required, noting that higher marks will be given for appropriate (in the Client's view) numbers of site passes required. (paragraph 8 of specification).

1

Risk Management

Q25 - Please define what key risks you see for this Contract and the method you will use to

manage/ mitigate those risks.

1