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1 CITY OF ALBANY DEPARTMENT OF ADMINISTRATIVE SERVICES REQUEST FOR PROPOSALS FOR THE PROVISION OF FOOD CONCESSION SERVICES IN CITY HALL PROPOSALS DUE: MARCH 6, 2020 AT 2:00 PM RFP 2020-09 FEBRUARY 13, 2020 ---PAGE BREAK--- 2 City of Albany REQUEST FOR PROPOSALS FOR THE PROVISION OF FOOD CONCESSION SERVICES IN CITY HALL RFP Number 2020-009 February 13, 2020 IMPORTANT NOTICE: A restricted period is currently in effect for this Procurement and it will remain in effect until approval of the Contract. Proposers are prohibited from contact related to this procurement with any City of Albany employee other than the designated contacts listed below refer to: Designated Contacts for this Procurement: For Project Specific Clarifications: Blais For Public Procurement Process Clarifications: M. Gulfo, Esq. SECTION 1: PURPOSE 1.1 The City of Albany, New York is requesting proposals for food concession services in Albany City Hall (24 Eagle Street, Albany NY). Minority Business Enterprises and Women’s Business Enterprises are encouraged to submit proposals. SECTION 2: RECEIPT OF PROPOSALS: 2.1 Four copies of the proposal must be received no later than Friday, March 6, 2020 at 2:00 p.m. at the following address: Laura M. Gulfo, Esq. Assistant Corporation Counsel City Hall, Room 106 Albany, New York 12207 The four copies of the proposal must be submitted in a sealed envelope, the outside of which must be marked as follows: “Proposal Enclosed - Food Concession Services-City Hall Café” 2.2 The proposal submitted is the document upon which the City of Albany will make its initial judgment regarding each proposer’s qualifications and wherewithal to complete the required services. ---PAGE BREAK--- 3 2.3 Those submitting proposals do so entirely at their own expense. There is no express or implied obligation by the City to reimburse any business or individual for any costs incurred in preparing or submitting proposals, preparing or submitting additional information requested by the City, or participating in selection interviews, if any. 2.4 Submission of any proposal indicates an acceptance of the conditions contained in this Request for Proposals unless the submitted proposal clearly and specifically states otherwise. 2.5 The City reserves the right to accept or reject any and all proposals in whole or in part, to waive any and all informalities, require supplemental statements or information from any responsible party, negotiate potential contract terms with any respondent to this RFP, have discussions with any respondent to this RFP to correct and/or clarify responses which do not conform to the instructions contained herein and to disregard all non-conforming, non- responsive or conditional proposals. 2.6 The City of Albany reserves the right to award the food concession contract to one or more businesses and/or individuals. 2.7 Any award of the food concession contract shall be conditioned on the later execution of a formal written contract. The City of Albany reserves the right to revoke or rescind any award at any time prior to the full execution of a formal written contract. SECTION 3: QUALIFICATIONS OF PROPOSER: 3.1 Each proposer shall provide a Statement of Qualifications which shall not exceed ten (10) pages (including resumes). This page limit applies only to the Statement of Qualifications, and does not apply to the proposal. The Statement of Qualifications shall include the following: 1. A brief history and description of the entity/firm submitting the proposal. 2. Identification of the entity/firm's professional staff members who will be assigned to this engagement if the entity/firm's proposal is selected. Include summarized information regarding the professional staff members detailing qualifications, years and types of experience, education, licensure, certifications, accomplishments, etc. Specify the extent of the availability and commitment of each such professional staff member who will be assigned to this engagement if the firm's proposal is selected. Specify a project manager and contact person to coordinate the services for the City of Albany. 3. Proof proposer at all times obtains and maintains all licenses required by Federal, State and Local Laws to perform the services contemplated by this Agreement. ---PAGE BREAK--- 4 4. At least three references, including addresses and telephone numbers. 5. A signed cover letter from a person within the entity/firm who is authorized to make representations on behalf of the firm and to bind the entity/firm. 6. A summary of the entity/firm's general experience in providing food concession services to municipalities of the same or similar employment size as the City of Albany. 7. Any additional information which would serve to distinguish the entity/firm from other entities/firms submitting proposals. 3.2 The City of Albany may make such inquiries it deems necessary to determine the ability of each proposer to perform the services contemplated by this RFP. Proposers shall furnish all information and data for this purpose as may be subsequently requested by the City of Albany. SECTION 4: SCOPE OF SERVICES: 4.1 Proposals must outline the food concession services that will be provided (specify style and type of operation, etc.). Proposals must include a sample menu with prices and the number of anticipated employees, if any. The price, quality, and quantity of food and beverages shall all be subject to the approval of the City. No alcoholic beverages will be permitted to be sold or consumed on the premises. While the City will consider different menu options, it is recommended and preferred that the menu options are limited to simple hot and cold breakfast and lunch items. Grilled food items as well as items cooked in the oven or deep fryer will be considered. 4.2 Proposals must state the intended hours of operation at City Hall, which, at a minimum, must be 8:00 a.m. to 2:00 p.m. Monday through Friday (closed on weekends and holidays). 4.3 Proposers must include opportunities to provide catering services to both City and non-City entities. 4.4 The City may require formal interviews and oral presentations prior to awarding a contract as well as proof of good financial standing. 4.5 Proposals from individuals or firms who are in arrears to the City of Albany, under debt, contract, or otherwise, or who are in default, as surety or otherwise under any obligation to the City of Albany will not be considered. 4.6 Proposers may contact the individual named in Section 11.1 of this RFP to arrange for a walk-through of the premises, if desired. ---PAGE BREAK--- 5 SECTION 5: AGREEMENT: 5.1 The selected proposer will be required to execute a license agreement with the City of Albany. The term of the license agreement shall be for two years. The City shall have the option to extend the agreement for three additional one-year periods. The City will also have the right to terminate the license agreement, with or without cause, upon thirty (30) days written notice. SECTION 6: COST PROPOSAL: 6.1 Provide the license fee which you propose to pay as consideration for the privilege of operating and maintaining the food concession at City Hall stated as a flat fee. SECTION 7: SECURITY DEPOSIT: 7.1 The selected Proposer must provide the City with two month’s license fees to be held by the CITY as a security deposit. SECTION 8: PROPOSAL EVALUATION: 8.1 Proposals shall remain valid until the execution of a contract by the City of Albany. 8.2 Proposals shall be examined and evaluated by the City of Albany Corporation Counsel’s Office to determine whether each proposal meets the requirements of this Request for Proposals. A contract will be awarded to a proposer based on the following criteria: a. The proposer’s demonstrated capabilities and experience in operating food concessions. b. Past performance with regard to similar ventures. c. Quality and value of products and services to be provided. d. Financial strength, stability, and business administration. e. Total proposed license fee. f. Completeness of the proposal. 8.3 The selection of a proposal will not be based solely on a monetary evaluation. Considerable weight will be given to experience in the areas required and the track record of the proposer(s). SECTION 9: ALTERNATIVES: 9.1 Proposals may include alternative matters or items not specified or requested in this RFP. However, all such alternatives matters or items must be listed separately from the proposal and the cost(s) thereof must be separate and itemized. SECTION 10: RELATIONSHIP AND INDEMNIFICATION: 10.1 The selected proposer will function as an independent contractor and will not be considered an agent or employee of the City of Albany for any purposes, and the employees of the selected proposer will not in any manner be, or held out to be agents or employees of the City. Moreover, the selected proposer will be required to ---PAGE BREAK--- 6 defend, indemnify, and hold harmless the City of Albany, its employees and agents, from and against all claims, damages, losses and expenses (including without limitations, reasonable attorney’s fees) for any actual or alleged injury to any person or persons, including death, or damage to or destruction of property arising out of any act or omission on the part of the selected proposer, its employees, agents or subcontractors for any work or services performed on behalf of the City of Albany. SECTION 11: SPECIFICATION CLARIFICATION: 11.1 All inquiries with respect to this Request for Proposals shall be in writing directed to the following address: For project specific clarifications: Nicholas Blais Administrative Services City Hall, Room 105 24 Eagle Street Albany, New York 12207 For public procurement process clarifications: Laura M. Gulfo, Esq. Assistant Corporation Counsel Department of Law City Hall 24 Eagle Street, Room 106 Albany, New York 12207 Phone: 434-5050 E-mail:.........[EMAIL REDACTED] 11.2 All questions about the meaning or intent of the specifications shall be submitted in writing. Replies will be posted via the City’s website: http://www.albanyny.gov/NewsandEvents/RFPs.aspx, along with the electronic version of this RFP. Questions received less than four business days prior to the date of submission of proposals will not be answered. Only questions answered by formal written Addenda will be binding. Oral or other interpretations or clarifications will be without legal effect. 11.3 In addition, any changes, additions or deletions to this RFP will also be posted on the City’s website: http://www.albanyny.gov/NewsandEvents/RFPs.aspx, along with the electronic version of this RFP. Respondents are urged to check the City’s website frequently for notices of any clarification of or changes, additions, or deletions to this RFP. ---PAGE BREAK--- 7 OTHER THAN THE CONTACT IDENTIFIED ABOVE, PROSPECTIVE RESPONDENTS SHALL NOT APPROACH THE CITY’S EMPLOYEES DURING THE RESTRICTED PERIOD OF THIS RFP PROCESS ABOUT ANY MATTERS RELATED TO THIS RFP OR ANY QUALIFICATIONS SUBMITTED PURSUANT THERETO. SECTION 12: MODIFICATION AND WITHDRAWAL OF PROPOSALS: 12.1 Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a proposal must be executed) and delivered to the place where proposals are to be submitted at any time prior to the opening of proposals. 12.2 If within twenty-four (24) hours after the proposals are opened, any proposer files a duly signed written notice with the City and thereafter demonstrates to the reasonable satisfaction of the City that there was a material and substantial mistake in the preparation of its proposal, that proposer may withdraw its proposal. Thereafter, that proposer will be disqualified from further proposal on the work. SECTION 13: INSURANCE AND SECURITY REQUIREMENTS: 13.1 The selected proposer will be required to procure and maintain at its own expense the following insurance coverage, which must be issued by an insurer which is licensed to do business in the State of New York and which has an A.M. Best rating of not less than Workers' Compensation and Employer’s Liability Insurance: A policy or policies providing protection for employees in the event of job-related injuries as required by applicable statutory limits. General Liability Insurance: A policy or policies of comprehensive general liability insurance with limits of not less than $1,000,000 and Excess Liability policy with limits of not less than $2,000,000. Property Insurance: Evidence of appropriate property insurance. 13.2 Each policy of insurance required shall be in form and content satisfactory to the Corporation Counsel, and shall provide that: The City of Albany is named as an additional named insured on a primary and non-contributing basis. The insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written notice to the City of Albany Corporation Counsel's Office. The insurance policies shall be automatically renewed upon expiration and continued in force unless the City of Albany Corporation Counsel's Office is given sixty (60) days written notice to the contrary. 13.3 No contract will be signed and no services shall be commenced pursuant to this Request for Proposals until the selected proposer has delivered to the Corporation Counsel or his designee proof of issuance of all policies of insurance required by the Contract to be procured by the selected proposer. If at any time any of said policies ---PAGE BREAK--- 8 shall be or become unsatisfactory to the City, the selected proposer shall obtain a new policy and submit proof of insurance of the same to the City for approval. Upon failure of the selected proposer to furnish, deliver and maintain such insurance as above provided, the contract may, at the election of the City, be forthwith declared suspended, discontinued, or terminated. Failure of the selected proposer to procure and maintain any required insurance shall not relieve the selected proposer from any liability under the contract, nor shall the insurance requirements be constructed to conflict with the obligations of the selected proposer concerning indemnification. SECTION 14: NON-COLLUSIVE PROPOSAL CERTIFICATE AND ACKNOWLEDGMENT: 14.1 Each proposer shall complete and submit with its, his, or her proposal the “Non-Collusive Proposal Certificate” and the “Acknowledgment” found on the two pages which follow this page. SECTION 15: PROCUREMENT FORMS AND REQUIREMENTS: 15.1 Additional requirements for this RFP are described below. Relevant statements, where required to be submitted, must be executed and included in the submission in the following order: 1. Iran Divestment Act Statement and 2. Non-Discrimination and Diversity Requirements. 15.2 Iran Divestment Act: By submission of a bid in response to this Bid request, “each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph of subdivision 3 of section 165-a of the State Finance Law.” The list in question is maintained by the New York State Office of General Services. For further information and to view this list please go to: ntities.pdf. If in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. A political subdivision may award a bid to a bidder who cannot make the certification pursuant to paragraph a of N.Y. General Municipal Law § 103-g on a case-by-case basis. 15.3 Non-Discrimination and Diversity Requirements: Pursuant to Federal laws and regulations, the New York State Executive Law Article 15-A and the City of Albany General Code Chapter 48, Article III Omnibus Human Rights Law, the City recognizes its obligation under the law to prevent discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency and to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises and the ---PAGE BREAK--- 9 employment of minority group members and women in the performance of City contracts. In furtherance of these rules and principles, the City of Albany highly encourages the participation of certified minority- and women–owned business enterprises (“MWBE”) at the City’s goal levels and the employment of minority groups’ members and women in the performance of its contracts. The City of Albany hereby notifies all Consultants submitting a proposal that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in consideration for award. Further, by submission of a bid in response to this Bid request, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that: “The respondent/contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The respondent/contractor will not participate directly or indirectly in the discrimination prohibited by the federal, state and local laws and regulations, including employment practices. In all solicitations, either by competitive bidding, or negotiation made by the respondent/contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the respondent/contractor of the respondent/contractor’s obligations under this Statement and the federal, state and local laws and regulations relative to Non-discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency.” 15.4 When providing the services contemplated by this RFP, the entity must comply with section 42-161 of the City of Albany Code, which requires payment of a living wage to all its employees working on the service contract. ---PAGE BREAK--- 10 SECTION 16: SUBMISSION REQUIREMENTS: 16.1 All Proposers shall be required to submit a complete proposal. As outlined in this RFP, all proposals shall include the following completed forms: A) Statement of Qualifications as outlined in Section 3 B) Cost Proposal as outlined in Section 6. C) Non-Collusive Proposal Certificate and Acknowledgment Form as outlined in Section 13 D) An acknowledgment of understanding that by submitting a bid the proposer certifies under penalty of perjury the above Iran Divestment Act statement, as outlined in Section 14.2 and the Non- Discrimination and Diversity statement, as outlined in Section 14.3. E) Living Wage Compliance Form as outlined in Section 14.4 and annexed to this RFP. 16.2 Failure to include all of the above items may result in the proposal being considered nonresponsive. ---PAGE BREAK--- 11 NON-COLLUSIVE PROPOSAL CERTIFICATE PURSUANT TO NEW YORK STATE GENERAL MUNICIPAL LAW SECTION 103-D By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto, certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: The prices in the proposal have been arrived at independently, without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to the opening, directly or indirectly, to any other proposer or to any competitor; and No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. (Signature) (Print Name and Title) (Name of Partnership or Corporation) (Date) ---PAGE BREAK--- 12 ACKNOWLEDGMENT BY PROPOSER If Individual or Individuals: STATE OF ) COUNTY OF ) SS.: On this day of before me personally appeared to me known and known to me to be the same person(s) described in and who executed the within instrument, and he/she/they severally acknowledged to me that he/she/they severally executed the same. Notary Public, State of STATE OF ) COUNTY OF ) SS.: On this day of before me personally appeared to me known, who, being by me sworn, did say that he/she resides at (give address) that he/she is the (give title) of the (name of corporation) the corporation described in and which executed the above instrument; that he/she knows the seal of the corporation, and that the seal affixed to the instrument is such corporate seal; that it was so affixed by order of the board of directors of the corporation, and that he/she signed his/her name thereto by like order. Notary Public, State of If Partnership: STATE OF ) COUNTY OF ) SS.: On this day of before me personally came to me known to be the individual who executed the foregoing, and who, being duly sworn, did depose and say that he/she is a partner of the firm of and that he/she has the authority to sign the same, and acknowledged that he/she executed the same as the act and deed of said partnership. Notary Public, State of ---PAGE BREAK--- 13 Living Wage Compliance City Code § 42-161 requires a living wage be paid to employees by any contractors awarded a contract by the City primarily for furnishing services to or for the City (excluding the purchase of goods or other property, the leasing of property or the development, redevelopment or rehabilitation of real property) and that involves an expenditure by the City to the contractor of at least $20,000, or the retention by the contractor of fees of at least $30,000, during a period of one year. The current Living Wage, as defined by the ordinance is as follows: If at least 70% of health care benefits are covered by employer: $ 13.27 Other: $ 15.42 Pursuant to the law, every proposal shall include a written commitment by the applicant to pay all covered employees a living wage and shall include a list of job titles and wage levels of all covered employees. Please provide titles and wage levels below for each employee who directly expends his/her time on a contract with the City. Company Name: Job Title Wage Range By signing below you are agreeing to pay all covered employees a Living Wage as set forth above for the duration of the contract with the City. Title: Date: Office Use Only Contract No: Dates: