REQUEST FOR PROPOSAL (RFP) Concession Operations for Concession Stand at JOHNSTON HIGH SCHOOL ATHLETIC COMPLEX

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1 REQUEST FOR PROPOSAL (RFP) Concession Operations for Concession Stand at JOHNSTON HIGH SCHOOL ATHLETIC COMPLEX The objective of this Request for Proposal is to award a Concession Agreement at Johnston High School Athletic Complex for one year, with an option to extend the agreement for two (2) more one year options upon mutual agreement with the selected Concessionaire and the Johnston School Committee (the Committee) to a qualified Concessionaire who will accomplish the following: Optimize visitor participation in all food concession points of sale as well as throughout the Complex by providing high quality prepared food with outstanding, efficient, and friendly service at reasonable prices, thus resulting in the highest possible customer satisfaction and revenues to the Concessionaire and the Johnston Athletic programs. Provide and install any additional furnishings and equipment not already provided by the Johnston School Department in order to create an attractive and inviting concession. Display awareness of the demographics and special needs of the community the concession serves. Work in unison with the Athletic Complex, the Committee, and High School staff, and sports leagues during the normal course of business and as unforeseeable problems arise. The Complex is pleased to offer an exciting opportunity for a well qualified food service provider to partner with the Johnston School Athletics to operate the food service operation located at the Johnston High School Athletic Complex. The proposing individual or company shall demonstrate the ability to perform in this type of business, clearly articulate achievable plans for operation, and document compliance with appropriate laws and regulations.

2 I. RFP TERMS AND CONDITIONS A. This RFP does not commit the Johnston School Committee to award a contract. No other party, including any proposer, is intended to be granted any rights hereunder. Proposals which, in the sole discretion of the Johnston School Committee do not meet the minimum requirements, including without limitation the minimum proposal submission requirements, will not be reviewed. This RFP and the process it describes are proprietary to the Johnston School Committee and are for the sole and exclusive benefit of the Committee. Any response, including written documents and verbal communication by any proposer to this RFP, will become the property of the Committee and if required by law may be subject to public disclosure by the Committee or any authorized agent of the Committee. The Committee is not liable for any costs associated with the development, preparation, transmittal or presentation of any proposal or material(s) submitted in response to this RFP. B. It shall be the proposer s responsibility to review and verify the completeness of its proposal. The Committee may request additional or clarifying information or more detailed information from any proposer at any time, including information inadvertently omitted by a proposer. The Committee may request to inspect properties or contact clients referenced in the proposer s proposal. The Committee also reserves the right to conduct investigations with respect to the qualifications of a proposer. C. Verbal communication made by any Committee member or agent of the Committee with respect to this RFP is not binding and shall not in any way be considered as a commitment by the Committee. Only written responses to questions submitted in writing to the Committee or written addenda to this RFP issued by the Committee will be considered binding on the Committee. D. Committee members are prohibited from responding to this RFP. No proposer may be a proposer to more than one proposal submitted pursuant to this RFP. Entities that are legally related to

3 each other or to a common entity may not submit separate proposals. Any proposal may be rejected that, in the Committee s sole judgment, violates these conditions or the spirit of these conditions. E. The Committee reserves and may exercise the following rights and options with respect to evaluation of proposals and selection for negotiation: i. To reject any and all proposals and re issue the RFP at any time prior to execution of a final contract if, in the Committee s sole discretion, it is in the Committee s best interest to do so; ii. To supplement, amend, substitute or otherwise modify this RFP at any time prior to selection of one or more respondents for negotiation and to cancel this RFP with or without issuing another RFP; iii. To accept or reject any or all of the items in any proposal and award the contract in whole or in part if it is deemed in the Committee s best interest to do so; iv. To reject the proposal of a proposer that, in the Committee s sole judgment, has been delinquent or unfaithful in the performance of any contract with the Committee or another government entity, is financially or technically incapable or is otherwise not a responsible proposer; v. To reject as informal or non responsive any proposal which, in the Committee s sole judgment, is incomplete, is not in conformity with applicable law, is conditioned in any way, deviates from this RFP or contains erasures, ambiguities, alterations, or items of work not called for by this RFP; vi. To waive any informality, defect, non responsiveness and/or deviation from this RFP that is not, in the Committee s sole judgment, material to the proposal; vii. To permit or reject, at the Committee s sole discretion, amendments (including information inadvertently omitted), modifications, alterations and/or corrections of proposals by some or all of the respondents following proposal submission;

4 viii. To request that some or all of the proposers modify proposals based upon the evaluation of the Committee. F. The Committee may enter into negotiations for a contract, on terms and conditions satisfactory to the Committee with one or more selected proposer(s). However, the Committee reserves the right to terminate any negotiations at any time or conduct simultaneous, competitive negotiations with multiple proposers. The Committee reserves the right to negotiate acceptable terms in an otherwise unacceptable proposal. Such negotiations may result in changes in terms material to this RFP; in such an event, the Committee shall not be obligated to inform other proposers of the changes, or permit them to revise their proposals accordingly, unless the Committee, in its sole discretion, determines that doing so and permitting such is in the Committee s best interest. Should negotiations not prove satisfactory with the selected proposer(s), the Committee reserves the right to discontinue negotiations. Additional firms may be asked to enter into negotiations, and/or the Committee may solicit new proposals. II. BACKGROUND The Johnston High School Athletic Complex includes a self contained concession stand/area intended to provide food/drink service to the clientele of athletic and other events held at the facility each year. The Complex hosts a high school football program, a high school and middle school soccer program and a high school Lacrosse program. The complex also hosts the Johnston youth football league as well as other programs supported by the Johnston Recreation Department. These programs take place Monday through Friday evenings and Saturdays and Sundays (including weekend tournaments) excluding cancellations caused by weather, mechanical failure or scheduled maintenance. The Committee is pleased to present this opportunity for interested individuals and/or businesses to submit qualifications for the

5 operation of the concession stand as part of the Johnston High School Athletic Complex. The concessionaire will be responsible for the maintenance, repair and care of all equipment provided by the Committee. III. PROJECT DESCRIPTION The concession facility is intended for food and drinks. The concession area is located adjacent to a plaza with a football field that also houses a track, soccer field and Lacrosse field. The Committee anticipates that the Athletic Complex will be a major attraction and gathering space for the public. All utility services are available, however, it will be the responsibility of the concessionaire to work with the Committee to install any additional service runs where necessary. The equipment purchased by the Committee will be included in the and will remain the property of the Committee at the conclusion of the contract. IV. CONCESSION OPERATIONS Concession operations are a key component to the overall character of the Complex. The selected proposer will be required to satisfy the following conditions as a part of the concession operations: Personnel The operator will be responsible for hiring the necessary personnel to conduct the daily operation of the concession. Each employee will be required to complete a background check at the expense of the Concessionaire or employee. The operator will comply with all federal, state, and local laws related to minimum wage, social security, nondiscrimination, ADA, unemployment compensation, and workers compensation. If required by the Concessionaire, employees shall wear a uniform and/or identification badge. Operating Hours Hours of operation may vary, based upon seasons and weather. Minimum hours may include (2) hour

6 week nights and weekends from 9:00am to dusk, or until the conclusion of the scheduled activity, whichever occurs first. Menu Items The concessionaire is expected to serve quality food and drinks to meet the needs of the visiting public. Simple menu items, such as sandwiches, hot dogs, nachos, and other snacks should be offered at competitive prices. Beverages should include sodas, juice drinks, and bottled water. Beer and wine sales are not permitted by the Committee or Town of Johnston. The operator will be required to comply with any and all of the Committee s exclusive license agreements. All menu prices must be submitted to the Committee for approval prior to any product sales. The Concessionaire will be responsible for the cleaning and general upkeep of the concession stand. The Committee and the Concessionaire upon the awarding of the operating agreement will mutually agree upon what menu items, if any, will be purchased back by the Committee for future use in the event that the Concessionaire is no longer able to perform their duties and the Agreement is terminated. Inspections The Committee or its agent will have the right to inspect the concession operations at any time to insure the compliance of the Concessionaire to the guidelines of the mutually agreed upon contract. V. QUALIFICATIONS To ensure a high quality level of operation for the facility, proposers must demonstrate minimum experience and qualifications. Applicants must complete the Committee s Vendor Application Form (Attachment 1) and provide evidence of the following: Experience in successfully operating and managing a similar type of business Demonstrated track record of being an equal opportunity employer Must not be currently indebted to the federal government, State of Texas, or the Association for

7 non payment of taxes, fines, judgments, liens, or fees Additional copies of this RFP, as well as copies of documents referenced in this RFP, may be obtained by going to and downloading this RFP ing Dr. Bernard DiLullo at with any additional questions. An informational meeting with a walk through of the area will be held on May 26, 2015 at 9:30am. The meeting will be held at the concession facility located within the Johnston Athletic Complex. Applicants are strongly encouraged to attend this meeting and are urged to obtain and review a copy of this RFP in advance of attending this meeting. VI. PROPOSAL INSTRUCTIONS Submission Date and Requirements One original and four unbound copies of completed proposals must be submitted to: Janice Mele, Johnston School Committee Chair Attention: CONCESSION OPERATIONS 10 Memorial Avenue Johnston, Rhode Island The following conditions apply to this submission: Proposals must be received by June 1, 2015 Proposals must be signed, in ink, by an individual duly authorized to bind the Proposer and must be sealed and labeled as noted above. On the cover the proposer needs to include the RFP title and Proposer s name. Proposals must be 1 ½ spaced (or double spaced) and in a font size of 12 or larger. Proposals typed single spaced or in a font size smaller than 12 will not be accepted. Proposals or proposal components will not be accepted via facsimile (fax) transmission. Proposals shall remain binding for 120 days from the date of proposal submission.

8 The Committee reserves the right, at its sole discretion, to reject and return, without evaluation, any proposal received after the proposal submission time and date, whether it is delivered by mail or otherwise. REQUIRED ELEMENTS OF PROPOSALS Respondents may submit any information they deem necessary and appropriate for the Committee to fully and completely evaluate their qualifications. The proposal must, at a minimum, include the following general information: 1. Checklist for a Complete Submission (Use form listed as Attachment 1) 2. Vendor Application (Use form listed as Attachment 2) 3. Description of the proposer s business structure, key staff and their qualifications. 4. Description of the proposer s relative experience in operating a concession or other similar business enterprise, including relative size of business operated, type of retail sales, etc. 5. A proposed monthly utilization fee for operation of the Complex concession facility and/or profit sharing with the various athletic programs. Concessionaires may offer a flat percentage operations rate of gross sales or a tiered percentage operations rate or a combination of both. Concessionaires will also state a minimum guaranteed operations amount due to athletic programs regardless of sales activity. 6. A sample menu, including proposed prices, together with a list of merchandise that may be available for sale. 7. At least two people or businesses that have first hand knowledge of the proposer s ability to successfully operate and maintain a high quality concession. If possible, at least one reference should be a public entity other than the Johnston Public Schools.

9 VII. REVIEW OF PROPOSAL RESPONSES Review Process All proposals received by the deadline will be evaluated by a committee established by the Johnston School Committee. Upon the review and discussion of the quality and responsiveness of the proposals received, the committee will make recommendations to the Johnston School Committee. Notification of Awards The review committee s process will occur during the month of June. Possible interviews of the final candidates may be scheduled for June. Final notification of the outcome of the review process is expected to occur prior to the end ofjune. The successful proposer will be required to execute a concession agreement with the Committee, which is subject to formal approval by the Johnston School Committee. The Committee anticipates that the selected proposer will complete any and all tenant improvements of the concession facility and open for business by August The proposer will also be required to purchase any Required certificates and/or licenses. VIII. INDEMNIFICATION Concessionaire shall indemnify, defend, and hold the Johnston School Committee and Personnel of any event harmless from and against any and all actions, suits, claims, demands, judgments, attorney's fees, costs, damages to persons or property, losses, penalties, obligations, expenses or liabilities (herein "claims" or "liabilities") that may be asserted or claimed by any person or entity arising out of the willful or negligent acts, errors or omissions of Concessionaire, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of the Committee, whether

10 or not there is concurrent active or passive negligence on the part of Committee and/or event personnel. In the event Committee and/or any event Personnel is made a party to any action or proceeding filed or prosecuted for any such damages or other claims arising out of or in connection with the negligent performance or a failure to perform the work or activities of Concessionaire, Concessionaire shall pay to the Committee any and all costs and expenses incurred by Committee or event personnel in such action or proceeding, together with reasonable attorney's fees and expert witness fees. ATTACHMENTS 1. RFP Submission Checklist (Attachment #1) 2. Vendor Application Form (Attachment #2) ATTACHMENT 1 Johnston Athletic Complex CONCESSION RFP SUBMISSION CHECKLIST Name of Proposer Vendor Application Business Structure, Key Staff and their Qualifications Description of Experience Budget Information Sample Menu References ATTACHMENT 2

11 Johnston Athletic Complex VENDOR APPLICATION FORM TYPE OF APPLICANT: Legal Contractual Name of Business: Owner s Name: Business Mailing Address: City, State and Zip Code: E Mail Address Phone: Fax: General Business Contact Person for Business Operations: Title: E Mail Address for Business Operations Business Telephone: Business Fax: Fiscal Contact Person for Fiscal Operations: Title: E Mail Address for Fiscal Operations Business Telephone: Business Fax: Is your business: (check one) NON PROFIT CORPORATION FOR PROFIT CORPORATION

12 Is your business: (check one) CORPORATION LIMITED LIABILITY PARTNERSHIP INDIVIDUAL SOLE PROPRIETORSHIP PARTNERSHIP / UNINCORPORATED ASSOCIATION Names & Titles of Co Owners, Partners, or Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Names and Titles of Business Officers Names Title Phone Does business have any liens or claims? (If so, please indicate by whom and specify lien or claim, including any tax delinquencies) Name of Company Claim Lien Amount Please provide the following: Federal Tax Identification Number: City Business License Number: (If none, selected vendor must obtain a City Business License prior to

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