Request for Proposal No. RFP Concessionaire Services at Memorial Stadium. Submittal Deadline: Date: May 22, Time: 10:00 a.m.

Transcription

1 Seattle Public Schools Contracting Services 2445 Third Avenue South Seattle, WA Telephone: (206) Fax: (206) Request for Proposal No. RFP03852 Concessionaire Services at Memorial Stadium Submittal Deadline: Date: May 22, 2018 Time: 10:00 a.m. Instructions

2 Table of Contents 1.0 INTRODUCTION SCHEDULE Schedule of Activities QUESTIONS AND COMMUNICATION SPECIFICATIONS SERVICES PAYMENTS SELECTION PROCESS Method of Selection Notifications Seattle Schools Right to Reject Procedures Requirements SUBMITTAL REQUIREMENTS General Submittal Requirements Contents of the Proposal CONTRACT AND CONTRACTING PROVISIONS Standard Form of Contract Additional Contract Document Requirements Protest Procedures...14 Page 2 of 16

3 REQUEST FOR PROPOSAL NO. RFP03852 PROPOSAL CERTIFICATION FORM TO: Diane T. Navarro, Contracting Services Manager The undersigned provider hereby certifies as follows: 1. That he/she has read the Seattle School District's Request for Proposal No. RFP03852 and the following Addenda and to the best of his/her knowledge has complied with the mandatory requirements stated herein: Addenda Number Issue Date 2. That he/she has had the opportunity to ask questions regarding the Request for Proposal, and that if such questions have been asked; they have been answered by the District. 3. That the proposer s response is valid for 90 days. Dated at, this of (Signature) (Title) (Print Name) ( Address) (Company Name) (Telephone Number) (Address) (Fax Number) (City) (UBI Number) (State) (Zip) Page 3 of 16

4 1.0 INTRODUCTION The Seattle School District No. 1 (District) is seeking a Concessionaire to provide all labor, equipment, materials, and foodstuffs necessary to provide concession services for activities conducted at the District s High School Memorial Stadium. It is the District s intent to select the firm most qualified to provide Concessionaire Services and obtain the highest possible financial return from Concessionaire Services at Memorial Stadium. This Request for Proposal (RFP) describes the selection process and documentation required for submitting a Proposal. Any firm failing to submit their proposal in accordance with the procedures set forth in the Request for Proposal may be considered nonresponsive. It is the intent of the District to award the project listed above to one firm. The selection of the consultant for these services will proceed in the following manner: Seattle Public Schools shall receive proposals no later than the due date and time specified in Section 2.0 of this RFP. An initial screening will follow, resulting in a short-list of one or more qualified firms that will be selected for interviews (if deemed necessary). The District may conduct interviews (if deemed necessary) with the selected firms, in accordance with a schedule to be determined by the Selection Committee in order to select the best proposals, all factors considered. The District reserves the right to seek clarifications about the proposals. The District may award a contract based solely on the written proposals. However, the District may elect to engage in negotiations with a selected short list of vendors in order to improve the proposals and obtain the best contract(s) for the District. The District reserves the right to request post-proposal modifications, including best and final offers and considerations. The final selection will be based upon the criteria set forth in Section 6.1. The District reserves the right to negotiate with the successful firm on pricing, scheduling, or other factors. 2.0 SCHEDULE 2.1 Schedule of Activities Page 4 of 16

5 SCHEDULE Date May 1, 2018 May 8, 2018 May 9, 2018 May 10, 2018 May 22, 2018 Approx. May 22-25, 2018 Approx. May 29-31, 2018 September 1, 2018 Selection Process Advertisement for Request for Proposal Published. (First Notice) Advertisement for Request for Proposal Published. (Second Notice) Site visits at Memorial Stadium 9:00-11:00 a.m. & 3:00-5:00 p.m. Last day for Questions from Proposers by 2:00 p.m. Proposal Due by 10:00 a.m. Initial screening. Notification sent to selected firm. Anticipated Start Date 3.0 QUESTIONS AND COMMUNICATION All communication and/or questions shall be submitted in writing at the dates and times indicated herein to: U.S. Mail: Physical Location: Page 5 of 16 Diane Navarro Contracting Services Seattle Public Schools M/S P.O. Box Seattle, WA Diane Navarro Contracting Services Seattle Public Schools M/S Third Avenue S. Seattle, WA Phone: (206) Fax: (206) contractingservices@seattleschools.org All questions must be submitted electronically by or fax to Contracting Services by the date and time indicated in Section 2.0. Reference the RFP number in the subject of your . The District will consider no telephone or in-person inquiries, except at the interviews for those firms making the short-list. Answers to questions will be issued in the form of an addendum which will be provided electronically on the Builders Exchange website at Builders Exchange of Washington and on the Seattle Schools Current Solicitations website. SITE VISITS to the Concession Stand at Memorial Stadium, located at 401 Fifth Avenue North, Seattle, WA 98109, will be available to all interested vendors Wednesday, May 9, 2018 at the following times: 9:00 a.m. to 11:00 a.m. 3:00 p.m. to 5:00 p.m.

6 Please check in at the Stadium Athletic Office upon arrival. Proposals must be submitted electronically via CDs or USB in a sealed package or box with the Request for Proposal number and the deadline date and time included on the bottom left-hand corner of the response, along with the firm s name and address. In the event that a firm attempts to contact any official, employee, or representative of Seattle Public Schools in any manner contrary to the above requirements, said firm may be disqualified for further consideration. This prohibition does not apply to: Telephone calls to the District to request copies of this RFP, to confirm attendance, or request directions relative to an interview notification received from the District; Delivery of written questions about the proposal; Discussion at the interview (if deemed necessary); Delivery of the firm s proposal. 4.0 SPECIFICATIONS A. General Page 6 of 16 Approximately 30 plus District sponsored events are scheduled at Memorial Stadium each year. The Concessionaire shall use the facilities and equipment to serve only events inside Memorial Stadium unless otherwise specifically authorized in writing by the District. The Concessionaire shall sell only foodstuffs. The sale of other types of merchandise is prohibited unless otherwise specifically authorized in writing by the District. B. Personnel 1. The Concessionaire shall provide a staff trained to handle and serve food to patrons in a courteous, efficient, sanitary manner. Concessionaire shall provide a reasonable number of supervisors, employees and agents to serve anticipated crowds. Concession employees shall be permitted free admission for the sole purpose of rendering service to the Concessionaire. Concessionaire shall provide gate lists of the names of individuals prior to the event(s). 2. The Concessionaire shall provide and require all its employees to possess food handler s permits as required by law and shall submit evidence of compliance with all health regulations. 3. The employees of the Concessionaire shall maintain exemplary conduct throughout the course of this Contract. Conduct by any employees not in keeping with District standards shall make mandatory the removal of said offending person and/or persons from the premises. The decision of the District representative regarding the removal of an offending person and/or persons shall be final. The Concessionaire shall be bound by said decision and shall be required to take immediate action. 4. The District will not be responsible for the personal security and/or safety of the Concessionaire, his employees or equipment during the course of this agreement.

7 C. Fixtures and Equipment 5.0 SERVICES School District Facilities 1. The Concessionaire shall have the use of the District s fixtures and equipment in the concession areas. 2. The Concessionaire shall be responsible for any damage to the building or equipment caused by its officers, employees or agents. 3. The District will promptly remove any existing equipment which is mutually determined to be unsafe or inoperable. Proposers shall develop their food service programs to utilize existing equipment whenever possible. 4. No repairs or alterations to wiring, plumbing, equipment or parts of buildings or grounds shall be made by the Concessionaire, except with the written permission of the District. 5. The District will furnish to Concessionaire electric current and water required for the Concessionaire s operation on the site without cost to the Concessionaire. The District will not be liable for spoilage of perishable food should it occur as a result of a power interruption, leakage or other mechanical or utility failure, or circumstances beyond the control of the District. 6. A key to concession areas only will be issued; access keys which would permit entry into the Stadium will not be issued. Concessionaire s Equipment 1. The Concessionaire shall provide and install all equipment as necessary to perform services under this agreement. Equipment shall include but not be limited to: pots, pans, coffee makers, hotplates, dishes, hot dog warmers, counters, portable stands, refrigerators, ice machines, freezers, etc. The quantity of equipment shall be adequate to serve the demands of the customers in a first class manner. 2. All equipment furnished by the Concessionaire shall conform to Washington Department of Health Rules and Regulations. 3. All Concessionaire s equipment shall remain the property of the Concessionaire. 4. Location of portable vending stands, or other equipment outside of the designated concession areas, shall be subject to the approval of the District. 5. The Concessionaire shall post menu signs displaying the prices of products offered for sale. All signs shall be placed in a well-lighted location and shall be legible to patrons. Signs shall be approved by the District in advance of placement. 6. Prices are subject to the approval of the District. A. Events Requiring Services Page 7 of 16

8 1. This contract only grants rights for concession services for high school events or other school activities sponsored by the District or its representative. 2. This contract does not provide concession rights for Stadium rental users, as such users shall have first right to the provision and sale of food concessions for their own events. 3. District shall notify the Concessionaire at least five (5) days prior to any event which requires his/her services and as a courtesy will provide the Concessionaire with an estimate of the anticipated crowd. The District shall assume no responsibility for the estimate provided. 4. The Concessionaire shall be prepared at least one hour prior to the scheduled event to vend the approved food and beverages and to remain open until the event has ended. B. Advertising 1. Vendor must state in writing what procedure will be taken to promote Stadium events (see Submittal Requirements, 9.0). 2. The Concessionaire shall take all necessary steps to further the sale of food and beverages. However, the Concessionaire shall be prohibited from using or permitting product names on signs, trays advertising, etc., without the express approval of the District. Any advertising authorized shall be limited to display within the confines of the concession stands. 3. The Concessionaire shall serve those products which may be advertised on the Stadium scoreboard. There shall be no conflict of food or beverage products served relative to those products which may be advertised on the scoreboard. 4. In the event there are no scoreboard advertisements relative to possible concession products, such as food and beverage products, the Concessionaire is free to provide products of his/her choosing, subject to District approval. 5. The Concessionaire shall establish an escape clause in contracts for the provision of beverage and food supplies, in the event the District obtains related advertisers for the Stadium Scoreboard. The District agrees to not require an abrupt escape from food or beverage suppliers to the Concessionaire; however, such escape shall not be unreasonably withheld or delayed. 6. Escape clauses with food and beverage suppliers can permit continuing to serve a particular product until the conclusion of the current sports season, as established by the District, at which time product(s) shall be changed to be commensurate with scoreboard advertising. C. Supplies The Concessionaire agrees to provide adequate supplies, food and beverages at all times and to make adequate and timely distribution thereof at the events. The Concessionaire shall permit no items to be purchased in the name of or on the credit of the District. D. Menu 1. The menu of food and beverages to be sold and prices to be charged shall be subject to the approval of the District prior to an event. Page 8 of 16

9 2. The menu shall include, but not be limited to: fresh hot coffee, tea, hot dogs, cold non-alcoholic beverages, candy, hot chocolate, popcorn, peanuts, ice cream, cookies, potato chips (various assortments), and hot cheese nachos. 3. Alcoholic beverages will not be permitted in Memorial Stadium. 4. Food quality, storage, preparation and service shall conform to Washington State Department of Health requirements. Enforcement and interpretation shall be by the health authorities in consultation with the District. 5. Vending throughout the spectator stands of commodities to be offered at specific events. The District Athletic Office will designate the events at which vending in the spectator stands is to be offered. 6. Special Events: Requested menu changes; e.g. fruit, juices, muffins, etc., shall be submitted to the Concessionaire by the Athletic Department 45 days prior to the event. Availability and pricing must be returned to and authorized by the District Athletic Office no later than 10 days prior to the event. The menu must be in place prior to the event. E. Sanitation 1. The Concessionaire shall keep his/her concession stands clean and orderly and in a sanitary condition. The Concessionaire shall be responsible for removing all food particles, spillage and wastes, and shall remove from the Stadium after each event all food that cannot be stores in a safe and sanitary manner. 2. The Concessionaire shall remove all portable equipment from the concourses of the Stadium at the conclusion of each event. 3. The District shall be responsible for cleanup of the concourses and seating areas of the Stadium, due to patrons. 4. The District shall be responsible for cleanup, removal, and disposal of all cartons and packaging materials. 6.0 PERMITS AND REGULATIONS A. Permits Page 9 of 16 The Concessionaire shall obtain all necessary permits, licenses and authorizations required by law to perform the services specified. B. Taxes The Concessionaire shall pay all taxes arising from licenses or connected with the sale of products under this agreement. C. Responsibilities Concessionaire shall be solely responsible for accidents and injuries to all persons or property caused by negligent act or omission or those of its agents or employees, and the Concessionaire shall save the District harmless and shall indemnify it against any loss, expense, attorney s fees, or other

10 costs incurred in the defense of any action instituted therefore or damage arising out of any claim as the result thereof. Concessionaire shall assume entire risk for loss of or damage to his property, supplies or inventory of merchandise located on the premises of the Stadium. 7.0 PAYMENTS A. Payment to Employees Concessionaire shall agree to pay promptly when due, all wages accruing to its employees and commissions to its vendors, and shall not permit the same to become a charge against the District. B. Payment to District and Accounting The Concessionaire shall share with the District a percentage of the gross revenue (before taxes) from sales. Payments shall be made to the District on or before the tenth of each month for the sales of the previous month. Payment shall be sent to the Accounting Office. Failure to comply with this timeline will result in the taxation of interest charges at the rate of 5%. All state and local taxes must be paid by the Concessionaire. The Concessionaire shall use such accounting methods as, in the opinion of the District, fully disclose said gross revenue and shall report gross revenue by use of financial and inventory forms approved by the District. Revenue tallying machines with tape must be used which include the date and uninterrupted sequence to be submitted to the District s representative at the end of each day s activity. The Concessionaire shall provide a certified annual operating statement prepared by an independent public accountant, and the District shall have the right to designate an auditor or auditors to check inventories, sales, and receipts of the Concessionaire at each event, together with the Concessionaire s books, accounts, invoices, and other documentation. 8.0 SELECTION PROCESS 8.1 Method of Selection 1. The District will review all proposals and select one firm based upon the best interests of the District, all factors considered. The District reserves the right to conduct interviews if deemed necessary. 2. Among the factors to be considered are the following: Page 10 of 16

11 EVALUATION CRITERIA POINTS Percentage of gross revenue to be paid to the School District Proposer s past experience in the food and beverage concession business. Documentation showing that proposer maintains a permanent place of business. Proposer s sample menu (specifications) and prices as listed in Form of Proposal Promotional event advertisement procedures and sample. 5 Creative menus. 5 Willingness to accept the District s terms and conditions as noted in the Standard Form of Contract 10 References 10 Based on the recommendation of the Committee, the District will enter into contract negotiations with a selected firm. Upon receipt of best and final proposals, the Committee will select the best proposal, all factors considered. 8.2 Notifications The District will provide timely notifications to firms responding to the Request for Proposal upon selection of the recommended firm. 8.3 Seattle Schools Right to Reject The District reserves the right to reject any and all proposals and re-advertise the RFP at any time prior to approval of the recommended firm and the negotiated agreement. All costs incurred in the preparation of the Request for Proposal process shall be borne by the proposing firm. Proposals submitted in response to this Request for Proposal shall become the property of the District and be considered public documents under applicable Washington State laws. The District reserves the right to modify the scope of services as a result of the written submittals and/or interviews. 8.4 Procedures Requirements Any firm failing to submit information in accordance with the procedures set forth herein may be considered non-responsive. Please note that the District will select the successful firm/s based on the best interests of the District, all factors considered. The District reserves the right to reject any or all Page 11 of 16

12 proposals, waive minor irregularities and informalities, and make the awards in its best interest. 9.0 SUBMITTAL REQUIREMENTS 9.1 General Submittal Requirements The submittal requirements shall be as follows: SUBMITTAL METHOD: The proposing firm, joint venture or other form of association ( firm ) shall submit two (2) electronic copies (via CDs or USB flash drives) of their Proposal for the project. Each copy shall be provided with the firm name and the Request for Proposal number. Each proposal shall be a single file (preferably in.pdf or Word format) with bookmark tabs for each section and is to be a maximum of twenty-five (25) pages (8-1/2 x 11 ) single sided, not smaller than 12 point type. 1. The cover letter, Proposal Certification Form, table of contents, and tabs do not count toward the page limits. 2. Project cut sheets, including photos, are included in the page limits. Submittals exceeding the page limits may be considered non-responsive. 3. Please Note: In preparing the firm s submittal, the proposing firm shall clearly identify the designated person of record. If the proposing firm is representing an individual s experience while employed at another firm, the firm of record for the project and the individual s role shall be clearly identified. Proposers are advised that the District s ability to conduct a thorough evaluation of proposals is dependent on the proposer s ability and willingness to submit proposals that are well ordered, detailed, comprehensive, and readable. Clarity of language and adequate, accessible documentation are essential, and are the responsibility of the proposer. Proposers are responsible for errors and omissions in their proposals, and any such errors and omissions will not serve to diminish their obligations to the District. 9.2 Contents of the Proposal 1. Signed Proposal Certification Form (page 3 of the RFP). This does not count towards the page limit. 2. Table of contents (maximum 1 page). 3. Separate section with a tab: Executive Summary. Provide a summary highlighting the firm s qualifications and special expertise to provide the services requested in the Request for Proposal. 4. Separate Section with a tab: Team Organization. Provide your proposed manager who will be actively involved in the Concessionaire contract. Describe in detail his/her experience and qualifications for providing these services. Page 12 of 16

13 5. Separate Section with a tab: Qualifications and Experience. Provide a complete record of the proposer s past experience in the food and beverage concession business. Provide documentation showing that the proposer maintains a permanent place of business. 6. Proposer s required sample menu and prices. (Attachment 1). 7. Promotional event advertisement procedures and sample. 8. Creative menus (Attachment 2). 9. A listing of the specific items of equipment and number of each to be supplied. (Attachment 3). 10. Percentage of gross revenue to be paid to the District. (Attachment 4). 11. At least 3 professional references from existing or former clients. (Attachment 5). 12. Willingness to accept the District s General Terms and Conditions. (Please refer to Attachment 6, Sample Contract.) Please also note that the District reserves the right to ask questions and seek clarifications about the Proposal, and to request post-proposal modifications. Proposers may withdraw their proposal in person or in writing, provided that the request is received by the District prior to the scheduled closing time for submitting proposals. The District reserves the right to reject any and all proposals at any time with no penalty and to waive immaterial defects and minor irregularities in proposals prior to the execution of a contract. All materials submitted in response to this RFP become the property of the District upon delivery to the Contracting Services Office and will be considered pubic documents under applicable Washington State Laws. The RFP and the proposer s response, including all promises, warranties, commitments, and representations, shall be binding and incorporated by reference in the District s contract with the successful proposer CONTRACT AND CONTRACTING PROVISIONS 10.1 Standard Form of Contract The District s Contract for Consulting Services is included as Attachment 6. The proposal should include any comments or requested changes. Please note: The District reserves the right to reject any firm that is not willing to accept the District s terms and conditions as noted in the standard form of contract. Page 13 of 16

14 Contract Term The successful firm will be required to sign a contract with the District detailing the specific terms and conditions significantly similar to the attached sample contract (Attachment 6) regarding each party s responsibilities. The District reserves the right to reject any firm not willing to accept the District s terms and conditions. The contract term shall be in effect for one year, from September 1, 2018 through August 31, Subject to satisfactory annual evaluation of the Concessionaire by the District, this contract may, with mutual agreement of both parties, be extended up to two (2) additional, one-year terms under the same terms and conditions. The District reserves the right to terminate the contract with thirty (30) days written notice. If the contracted firm decides not to renew the contract, the firm shall notify the District in writing at least ninety (90) days prior to the contract expiration date Additional Contract Document Requirements The selected firm shall be required to provide the following documents to the District prior to execution of the contract: W-9 Form Washington State Business License Certificate of Insurance, including endorsement pages, with the following limits: workers compensation employer s liability (stop gap) statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 each employee (per occurrence/aggregate) commercial general liability bodily injury and property damage $1,000,000/$2,000,000 personal and advertising injury $1,000,000/$2,000,000 products and completed operations $1,000,000/$2,000,000 fire legal liability $100,000 automobile liability (owned, nonowned, leased or hired) umbrella/excess coverage professional liability $1,000,000 per occurrence $2,000,000 per occurrence $1,000,000 each occurrence 10.3 Protest Procedures 1. Any actual or prospective Vendor who is aggrieved in connection with the solicitation or award of this contract may protest to the District in accordance with the procedures set forth herein. Protests based on the terms in this Request for Proposal, which are apparent prior to the date established for submitting the proposal must be received seven (7) days prior to the submittal Page 14 of 16

15 Page 15 of 16 deadline. Protests based on other events must be received within three (3) working days after the aggrieved person knows, or should have known, of the facts and circumstances upon which the protest is based; provided, however, that in no event shall a protest be considered if all proposals are rejected or if the protest is received after the award for this contract. 2. In order to be considered, a protest shall be in writing and shall include: the name and address of the aggrieved person; the contract title under which the protest is submitted; a detailed description of the specific grounds for protest and any supporting documentation; and the specific ruling or relief requested. The written protest shall be mailed to: JoLynn Berge Assistant Superintendent for Business and Finance Seattle School District No.1 MS P.O. Box Seattle, WA or delivered to: JoLynn Berge Assistant Superintendent for Business and Finance Seattle School District No.1 MS rd Avenue South Seattle, WA And shall be labeled: Protest 3. Upon receipt of a written protest, the District shall promptly consider the protest. The District may give notice of the protest and its basis to other persons, including Proposers involved in or affected by the protest; such other persons may be given an opportunity to submit their views and relevant information. If the protest is not resolved by mutual agreement of the aggrieved person and the District, the District will promptly issue a decision in writing stating the reasons for the action taken. A copy of the decision shall be mailed by certified mail, return receipt requested, or otherwise promptly furnished to the aggrieved person and any other interested parties. The District decision may be appealed to the Superintendent by written notice together with all supportive evidence, received at the address set forth in paragraph 2, not more than two (2) working days after receipt of the decision. The Superintendent s decision shall be final and conclusive. 4. Strict compliance with the protest procedures set forth herein is essential in furtherance of the public interest. Any aggrieved party that fails to comply strictly with these protest procedures is deemed, by such failure, to have waived and relinquished forever any right or claim with respect to alleged irregularities in connection with the solicitation or award. No person or party may pursue any action in court challenging the solicitation or award of this contract without first exhausting the administrative procedures specified herein and receiving the District s final decision. 5. Any Proposer submitting a proposal shall be deemed to have accepted these procedures.

16 End of Request for Proposal ATTACHMENTS: Attachment 1: Menu Proposal Attachment 2: Creative Menu Attachment 3: Equipment List Attachment 4: Gross Revenue Attachment 5: References Attachment 6: Sample Contract Attachments are available to view at Builders Exchange of Washington Page 16 of 16