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TR-2016-36
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE
AGREEMENT BETWEEN THE TOWN OF AGAWAM AND TANTO MANE,DB/A
MOOLICIOUS FARM
Sponsored by Mayor Richard Cohen
WHEREAS,the Town owns the land known as School Street Park located on School
Street in Agawam, Massachusetts; and
WHEREAS,the Town requested proposals for the operation of the concession facilities
at School Street Park; and
WHEREAS,TANTO MANE,D/B/A MOOLICIOUS FARM has submitted a suitable
proposal for the leasing q€the concession facilities;and
WHEREAS, City Council approval is required to permit the Town to enter into a lease
agreement with TANTO MANE, DB/A/MOOLICIOUS FARM for use of said property;
NOW,THEREFORE,BE IT RESOLVED BY THE AGAWAM CITY COUNCIL
that the Mayor is authorized to enter into a three month lease with TANTO MANE, DB/A/
MOOLICIOUS FARM for said use of the concession facilities located at the School Street Park
in Agawam, Massachusetts.
Dated this day of 2016.
Tn. � ►�.
PER ORDER OF THE AGAWAM CITY COUNCIL cc� k �� r
c c pzr4 o- ee c,
Cc� re ��
T �S
J es P. Cichetti,*residen-t ,
APPROVED AS TO FORM AND LEGALITY
;;fW e��-
Patrick M. Toney, City Solicitor
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MAYORAL ACTION
S�
Received this day of '--' , 2016 from Council Clerk.
Signed by Council President this day of JU 00L,2016.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga aer, as
ameDded,I hereby approve the passage of the above legislation on this C>I I�day of
2016.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter,as
amended, I hereby veto the passage of the above legislation on this day of
2016 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this 0?1 S�— day of_ J-u-tk-Q— '2016.
TR-2016-36
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE
AGREEMENT BETWEEN THE TOWN OF AGAWAM AND TANTO MANE, DB/A
MOOLICIOUS FARM
Sponsored by Mayor Richard Cohen
WHEREAS, the Town owns the land known as School Street Park located on School
Street in Agawam, Massachusetts; and
WHEREAS, the Town requested proposals for the operation of the concession facilities
at School Street Park; and
WHEREAS, TANTO MANE, DB/A MOOLICIOUS FARM has submitted a suitable
proposal for the leasing 9fthe concession facilities; and
WHEREAS, City Council approval is required to permit the Town to enter into a lease
agreement with TANTO MANE, D/B/A/MOOLICIOUS FARM for use of said property;
NOW, THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL
that the Mayor is authorized to enter into a three month lease with TANTO MANE, D/B/A/
MOOLICIOUS FARM for said use of the concession facilities located at the School Street Park
in Agawam, Massachusetts.
Dated this day of , 2016.
PER ORDER OF THE AGAWAM CITY COUNCIL
James P. Cichetti, President
APPROVED AS TO FORM AND LEGALITY
Patrick M. Toney, City Solicitor
LEASE AGREEMENT
The following provisions shall constitute an Agreement between the Town of Agawam, with an address
of 36 Main Street Agawam, MA 0 100 1 acting by and through its Mayor, hereinafter referred to as "Town", and
Tanto Mane dba Moolicious Farm, with an address of 258 Feeding Hills Road Southwick, MA 01077
hereinafter referred to as "Lessee", effective as of the date written beneath the Mayor's signature. In
consideration of the mutual covenants contained herein, the parties agree as follows:
1. The Lessee shall agrees to lease the property known as the School Street Park Concession Stand located
at School Street Park in Agawam, MA in accordance with the specifications as outlined in the Request
for Proposal # 16=620-003 contained in Attachment A.
2. The lease shall be for a period of three (3) months commencing June 15, 2016 and ending September 15,
2016.
3. The Lessee will lease the property at the monthly rate of $401.00. Payments shall be
made on or before the 15t` of each month commencing on or before June 15, 2016.
4. Lessee will pay a $500.00 security deposit which will be kept by the Town in an interest bearing escrow
account.
5. The Lessee shall at the expiration of said term, or before if either party terminates the Lease, leave the
premises in such repair and condition as the same are in at the commencement of said term except for
reasonable wear and tear.
6. The Lessee agrees to pay, and to protect, indemnify and save harmless the Town from and against any
and all liabilities, losses, damages, costs, expenses including all reasonable attorney's fees, causes of
action suits, claims, demands or judgments of any nature whatsoever arising from any injury to, or the
death of, any persons or any damage to personal property on the Leased premises, on the immediate
grounds of which the Leased Premises are a part or in any manner growing out of or connected with
the Lessee's use, non-use, condition or occupation of the Leased Premises or any part thereof,
violation by the Lessee of any agreement or condition of the Lease or violation by the Lessee of any
law, by-law or regulation affecting the Leased Premises or any part thereof or the ownership,
occupancy or use thereof, or the operation of the concession including all public health laws, rules and
regulations concerning the sale of food and beverages.
7. The Lessee shall be responsible and pay for any telephone bill. The Town will pay any and all other
utilities associated with the use of the premises. Additionally, the Lessee shall be responsible for all
other type of custodial and maintenance requirements including the normal cleaning of the leased
premises and at all times shall keep such premises in a neat and clean condition. The Town will provide
periodic pickup of rubbish.
8. Lessee may make alterations or additions to the Leased Premises provided the Town consents thereto in
writing. All such alterations shall be at the Lessee's expense and shall be in quality, at least equal to the
present construction. The Lessee shall not permit any mechanics liens, or similar liens, to remain on the
property. Any alterations or improvements made by the Lessee shall be come the property of the Town at
the termination of occupancy.
9. The Lessee shall maintain, at its expense, insurance on the Leased Premises naming the Town of
Agawam as an additional insured. The Lessee shall provide Workmen's Compensation Insurance
covering all persons employed in connection with any work done on or about the Leased Premises or a
comparable program of self-insurance complying with such rules, regulations, and requirements that
any appropriate state agency may from time to time enforce. The Lessee shall be responsible to the
Town or any third party for any property damage or bodily injury caused by it, any of its sub-lessees,
employees or agents in the performance of, or as a result of, the work under this Agreement. The
Lessee and any sublessees used hereby certify that they are insured for workers' compensation,
property damage, personal and product liability. The Lessee and any sub-lessee it uses shall purchase,
furnish copies of, and maintain in full force and effect insurance policies in the amounts here
indicated:
General Liability
Bodily Injury Liability $1,000,000 per occurrence
Property Damage Liability $ 500,000 per occurrence
(or combined single limit) $1,000,000 per occurrence
Automobile Liability
Bodily Injury Liability $1,000,000 per occurrence
Property Damage Liability $ 500,000 per occurrence
(or combined single limit) $1,000,000 per occurrence
Workers' Compensation Insurance
Coverage for all employees in accordance with Massachusetts General Laws
10. Prior to commencement of any work under this Agreement, the Contractor shall provide the Town with
Certificates of Insurance that include the Town as an additional named insured and which provide for a
thirty day notice of cancellation to the Town.
H. The Lessee shall not sublet nor assign the premises without the prior written approval of the Town. No
amendment or modification of the terms and conditions of this lease shall be effective unless stated in
writing and signed by the parties hereto.
12. The Lessee may terminate this agreement upon sixty (60) days advance written notice to the Town. In
the event of a default or failure of the Lessee to comply with any term or condition of this Lease, The
Town shall provide written notice of said default. If the Lessee fails to cure said default within ten (10)
days, the Town may terminate this Lease by giving written notice to the Lessee stating therein the
termination date.
13. This Lease incorporates by reference the Request for Proposals issued by the Town on April 6, 2016
and the Proposal submitted by Lessee in response thereto as if such documents are set out here in full.
The operation of the concession shall be as stated in such Proposal, unless the Town has approved in
writing any change in such operation.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in quadruplicate as a
sealed instrument this day of , 2016
TOWN OF AGAWAM, LESSOR, LESSEE;
By its Mayor,
Richard A Cohen Signature
Chief Procurement Officer Printed Name
APPROVED AS TO FORM:
Company Name
Patrick Toney, City Solicitor
TOWN OF AGAWAM
MASSACHUSETTS
r .
..x
Request for Proposals
RFP # 16-620-003
SCHOOL STREET PARK CONCESSION STAND
Due Date: May 6, 2016
Due Time: 2:00 PM EST
Jennifer Bonfigho, Chief Procurement Officer
School Street Park Concession Stand
RFP# 16-620-003
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TABLE OF CONTENTS
Notice of Request for Proposals ...................................................................................3
RFPProcess Timeline..................................................................................................4
Section I: General Information and Proposal Submission Requirements ......................5
Section II: Scope of Work ...........................................................................................9
Section III: Quality Requirements............................................................................... 11
Section IV: Proposal Evaluation & Selection............................................................... 12
Section V: Rule for Award .......................................................................................... 13
Section VI: Additional Terms and Conditions ............................................................. 15
Compliance Documents and Checklist........................................................................ 18
Exhibit A- Proposal Signature Page............................................................................. 19
Exhibit B- Price Proposal Form ...................................................................................20
Exhibit C- Non-Collusion Affidavit ..............................................................................22
Exhibit D- Certificate of Tax Compliance.....................................................................22
Exhibit E Disclosure Statement................................................................................23
Exhibit F- Reference Sheet..........................................................................................24
Exhibit G- Floor Plan Layout.......................................................................................26
LegalNotice ...............................................................................................................27
School Street Park Concession Stand
RFP # 16-620-003
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e
Notice of Request for Proposals
Description: The Town of Agawam, acting through its Chief Procurement Officer is
seeking proposals pursuant to M.G.L. Chapter 30B, §16 for the lease of a
portion of a Town owned property and building known as the School
Street Park Concession Stand. The full scope of work is attached herein
in Section IV.
RFP Packages: On April 6, 2016, the RFP will be made available to interested parties
who submit a request to the Chief Procurement Officer. Each request
must: state to whom and at what address the documents requested are
to be delivered. The RFP will be mailed, emailed or made available for
pick-up upon the receipt of any request. A copy of the RFP will also be
available for inspection at:
Agawam Town Hall
Procurement Office, Lower level
36 Main Street
Agawam, MA 01001
Due Date & Time: Proposals will be received until 2:OOPM on May 6, 2016. The clock in the
Procurement Office Conference Room shall be the sole determining factor
of time. All responses to these proposals must be in writing and in the
form set forth in this RFP and delivered in sealed envelopes to:
Agawam Town Hall
Procurement Office, Lower level
36 Main Street
Agawam, MA 01001
Questions/RFI's: If you have questions about this RFP or have a request for information or
clarification, please contact Jennifer Bonfiglio, Chief Procurement Officer
at Procurement@agawam.ma.us. or (413) 726-9742. All questions and
requests for clarification must be received in writiLtg by 4:OOPM on May
3, 2016 It is anticipated that a compilation of all questions and
responses will be distributed via email to prospective proposers by
4:OOPM on May 4, 2016.
Contract Info: Unless otherwise specified, the Town of Agawam Standard general
Contract shall be used.
School Street Park Concession Stand
RFP # 16-620-003
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RFP Process Timeline
The RFP process will be governed according to the following schedule. Although every
attempt will be made to meet all dates the Town reserves the right to modify or alter any or
all dates at its sole discretion by notifying all Respondents in writing at the address indicated
in the completed RFP submitted to the Town.
April 6, 2016 RFP legal notice appears in Goods and Services
Bulletin
April 6, 2016 RFP available at 10:OOAM
April 7, 2016 RFP legal notice appears in Agawam Advertiser
May 3, 2016 Last day to submit questions or requests for
clarification. All questions must be submitted in
writing via email to procurement @agawam.ma.us by
4:OOPM.
May 4, 2016 Last Addendum issued
MU 6, 2016 Proposal due date. Deadline for proposals is
2:OOPM. The clock in the Procurement Office
Conference Room shall be the sole determining factor
of time.
Week of May 9, 2016 Selection Committee reviews proposals and selects
three (3) most advantageous proposals;
Week of Ma 9 2016 Selection Committee commences interviews of top
three (3) proposers who presented the most
advantageous proposals (if necessary)
May 13, 2016 Notification of Award
School Street Park Concession Stand
RFP # 16-620-003
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Section I
General Information and Proposal Submission Requirements
1. Introduction
The Town of Agawam, acting through its Chief Procurement Officer is seeking
proposals pursuant to M.G.L. Chapter 30B, §16 for the lease of a portion of a Town
owned property and building known as the School Street Park Concession Stand. The
full scope of work is attached herein in Section IV.
2. Proposal Submission Requirements:
It is mandatory that price and non-price proposals be submitted in separate
sealed envelopes
a. All Proposals must be received in the Town of Agawam Procurement Office, 36 Main
Street, Agawam, MA 0100lon or before May 6. 2016. The clock in the Procurement
Office shall be the sole determining factor of time. LATE PROPOSALS WILL NOT BE
CONSIDERED.
b. If, at the time of the scheduled Proposal opening, Town Hall is closed due to
uncontrolled events such as fire, snow, ice, or building evacuation, the Proposal
opening will be postponed until 11:00 a.m. on the next normal business day.
Proposals will be accepted until that date and time.
c. Each Proposer must submit one original Price Proposal in a sealed envelope marked
in the lower left corner with the words: "Town of Agawam - SCHOOL STREET PARK
CONCESSIONS - Price Proposal" as well as the Proposer's name. The Proposer shall
not make any reference to said price proposal elsewhere in other documents
submitted hereunder. Failure to submit Price and Non-Price proposals in separate
sealed envelopes will result in rejection of the proposal The Chief Procurement Officer
will open the Price Proposal after the interview process has been completed.
d. Each Proposer must submit one (1) original and one (11 copy of the Non-Price
Proposal in a sealed envelope or box marked in the lower left corner with the words:
"Town of Agawam - SCHOOL STREET PARK CONCESSIONS - Non-Price Proposal" as
well as the Proposer's name. Proposal must be complete submission as outlined in
Section V. Proposal Preparation and include the following:
e. Each Proposal shall include a short letter of interest, including firm/individual name,
address and contact information and address all items in Section IV.
f. All submitted Proposals shall include Exhibits (A-F).
School Street Park Concession Stand
RFP# 16-620-003
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g. Each Proposal Form shall contain an acknowledgment of receipt of all Addenda (the
numbers of which shall be filled in on the Form). The address to which
communications regarding the proposal are to be directed shall be shown.
3. General Information
a. Anyone who intends to submit a Proposal must contact the Town directly and
specifically request a copy of this RFP, unless such company was sent a copy
directly from the Town. The Town has responsibility for maintaining a control list of
all potential Proposers.
b. The Town reserves the right to interview or seek additional information relating to
the criteria already in the RFP from any candidate after opening of proposals but
before entering into a contract;
C. Any contract issued in response to a successful proposal must be approved by the
Town of Agawam City Council. The Town reserves the right not to make an award
on this contract if doing so is in the best interest of the Town.
d. Final award shall be dependent upon funding appropriation.
e. The Town of Agawam, through its Mayor, will be the awarding and contracting
authority.
4. Proposal Form
All Proposals must be made on the attached Price Proposal forms (Exhibit B).
Proposals shall be firm for the duration of the contract. No price adjustments will be
allowed.
5. Modifications by Proposer
a. A Proposer may correct, modify, or withdraw a Proposal by written notice received by
the Town prior to the time and date set for the Proposal opening. Proposal
modifications must be submitted in a sealed envelope clearly labeled "Modification No.
_." Each modification must be numbered in sequence, and must reference the
original RFP.
b. After the Proposal opening, a Proposer may not change any provision of the Proposal
in a manner prejudicial to the interests of the Town or fair competition. Minor
informalities will be waived or the Proposer will be allowed to correct them. If a
mistake and the intended Proposal are clearly evident on the face of the Proposal
document, the mistake will be corrected to reflect the intended correct Proposal, and
the Proposer will be notified in writing; the Proposer may not withdraw the Proposal.
A Proposer may withdraw a Proposal if a mistake is clearly evident on the face of the
Proposal document, but the intended correct Proposal is not similarly evident.
6. Ouestions Concerning Invitation for Proposals
School Street Park Concession Stand
RFP # 16-620-003
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Questions concerning this RFP should be directed, in writing, to the Town of Agawam
Procurement Department no later than three business days prior to the due date.
Jennifer Bonfiglio; Chief Procurement Officer
36 Main Street
Agawam, MA 01001
Procurement@agawam.ma.us
Fax (413)786-9927
7. Addenda
Requests properly presented that in the opinion of the Town require interpretation,
correction, or change in the Proposal Documents shall result in an issuance of Addenda
to the Proposal Documents. Such Addenda shall subsequently become part of the
contract. Addenda will be issued by end of business on May 4, 2016. Any addenda will
be e-mailed to all Proposers on record as having received the Proposal package. If no e-
mail is provided by a Proposer on record, then the addenda will be faxed or mailed by
USPS. All addenda are required to be acknowledged in the Proposal package
submission. Failure to do so will result in automatic rejection of Proposal. Please notify
the Procurement Department of your fax number and email address so that you receive
all addenda. Proposers should contact Jennifer Bonfiglio, Chief Procurement Officer via
e-mail (Procurement@agawam.ma.us), phone (413-726-9742), or fax (413-786-9927) if
they believe an addendum has not been received.
8. Cancellation of Request for Proposals
The Town of Agawam may cancel this RFP, or reject in whole or in parts any and all
Proposals, if the Town of Agawam determines that cancellation or rejection serves the
best interests of the Town.
9. Proposal Pricing
Proposals must be firm for at least 90 days after the closing date.
Price proposals shall be ranked on the basis of the present value of the total lease
price offered, with the proposer offering the highest lease price ranked first, and the
remaining proposers ranked in descending order thereafter. The Town expressly
reserves the right to consider non-price elements of proposals and to make the award
to a proposer other than the one offering the highest price.
10. Contract Documents
The contract is expected to be awarded within thirty (30) days of this proposal opening
(a sample contract is enclosed with the RFP).
The Contract document shall consist of.
a) the agreement;
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RFP# 16-620-003
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b) the Request for Proposal document; and
c) Respondent's Proposal and any subsequent changes.
These documents and portions thereof, take precedence in the order in which they are
named above, notwithstanding the chronological order in which they are issued or
executed.
Change notices, appendices and addenda to any contract document shall be
considered part of such documents.
Any and all references to commercial types, styles, or trade names and catalogues are
intended to be descriptive only and not restrictive. The intention is to indicate to the
Proposers the kind and quality of the articles which will be necessary.
School Street Park Concession Stand
RFP # 16-620-003
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Section II: Scope of Work
Introduction:
The Town of Agawam is hereby requesting proposals pursuant to M.G.L. Chapter 3013, §16
for the lease of a portion of a Town owned property and building known as the School Street
Park Concession Stand. Use of the property to be leased is restricted to the sale of food, non-
alcoholic beverages, and appurtenant concessions. A three (3) month lease is being offered,
commencing approximately June 15, 2016, with two (2) additional three (3) month options to
be exercised in 2017 and 2018 at the sole discretion of the Town for a total potential contract
term of nine (9) months.
All proposals submitted in response to this advertisement must meet minimum
specifications. Copies of specifications, questions or requests for information may be directed
to the Chief Procurement Officer , Jennifer Bonfigho at 36 Main Street, Agawam, MA 01001
or via email to procurement@agawam.ma.us. Sealed proposals must be received at or before
2:00 p.m. on Friday, May 6, 2016 at the Procurement Office Conference Room, Lower Level,
36 Main Street, Agawam, MA 01001.
The Town reserves the right to cancel this RFP prior to the due date for submission of
proposals, to reject any or all proposals submitted, to select a proposal other than that
offering the highest price, and to award the lease to the proposer offering the most
advantageous proposal taking into consideration both price and non-price evaluation, if it is
deemed to be in the best interests of the Town.
Description of services:
This RFP is for the lease of Town owned real property. Future use of the property is to be
restricted to the sale of food, non-alcoholic beverages and appurtenant concessions. All
proposals that are to be considered must meet the following minimum specifications (See
attached Lease Agreement (Appendix G) for additional specifications).
1. Concession service to include such items as hot and cold beverages, hot dogs,
hamburgers, sandwiches, ice cream, and other appropriate snack or meal items.
2. The Lessee must operate and maintain the food and beverage service in accordance with
the lease.
3. All items sold, or offered for sale, must be stored and displayed inside the "premises".
(Exceptions to # 3 must be put in writing to the Parks & Recreation Director for
consideration).
4. The operator must maintain a consistently high standard of quality food and beverage
service.
5. Said snack bar shall be operated in strict compliance with the Laws of the Commonwealth
of Massachusetts, the ordinances of the Town of Agawam, and the rules and regulations
of the Recreation Division.
6. "Premises" shall be kept in compliance with Town Health & Safety regulations. It is the
Proposer's responsibility to familiarize themselves with all the Town's regulations for
operating a snack bar concession. Contract the Health Division for all information.
School Street Park Concession Stand
RFP # 16-620-003
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7. Sale of tobacco, alcohol, magazines, items intended for adults only, or items otherwise
prohibited for sale by Massachusetts General Laws or regulations, is strictly prohibited.
8. The lessee shall obtain and pay for all licenses and permits necessary for the operation of
said snack bar. Copies of which must be submitted prior to concession operation.
9. All beverages and food products must be served in paper or non-breakable containers.
10. All items sold, or offered for sale, must be stored and displayed inside the premises.
11. The Town will be responsible for providing adequate waste receptacles and for disposing
of all refuse accumulated within the concession and immediate surrounding area in a
lawful manner.
The Town of Agawam reserves the right to cancel the lease at any time if the operation is
improperly run, or if the quality of the food, service, and/or management is not satisfactory
as determined by the Recreation Division.
Description of lease property:
The School Street Park Concession Stand is located at the School Street Park on Corey Street
in Agawam, MA. School Street Park has a plethora of park amenities including but not
limited to playgrounds, athletic fields, a pavilion, picnic shelters, a band shell, and a spray
park that are used primarily in the summer hours when the spray park is open to the public.
The concession building includes is a refrigerator/freezer, a microwave, a 3-bay sink, a hand
washing sink, 10' countertop with lower cabinets. Other equipment/supplies required for
normal operation of the concession service are the responsibility of the Lessee. Utilities are
included.
See lease area floor plan (Exhibit F)
The typical schedule of use is:
• Spray Park Hours - Daily from 11:OOAM to 7:OOPM from late June through Labor Day.
• Special Events -The Town of Agawam will have the right of first refusal for Special .
Events.
• The concessions for the Summer Concert Series will remain with the Agawam Rotary
Club and the Agawam Lions Club.
Pre-Response Site Visit:
Site visits may be arranged by appointment by contacting Chris Sparks, Parks & Recreation
Director at (413)821-0514.
School Street Park Concession Stand
RFP# 16-620-003
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Section III: Minimum Requirements
Each proposal submitted in response to this advertisement shall include the following
information. Any submission failing to provide all information specified shall be considered
non-responsive and shall be rejected without further consideration.
Proposers must comply with all Proposal Submission Requirements listed in SECTION I
General Information and Proposal Submission Requirements
Proposers shall submit in a separate sealed envelo a (see procedures described in
Section I) a price proposal outlining total proposed compensation for performance of
the services over the term of the contract.
A. Legal information
Each proposal shall clearly and completely state the followingiinformation_.
I. The correct legal name, address and phone number of the proposer.(Appendix A)
2. The type of business entity submitting the proposal (sole proprietorship, partnership,
corporation, non-profit or other form of business organization).
3. The name, legal residence and phone number of each owner, partner, principal, corporate
officer, and person(s) responsible for on-site management.
4. The proposer shall sign the proposal correctly in ink or in the case of an organization,
firm, partnership or corporation, a person having the legal authority from said
organization to sign the proposal will sign the document.
5. Proposal forms will be completely filled in. Proposals, which are incomplete, conditional
or obscure, will be rejected. No award will be made to any proposer who cannot satisfy the
awarding authority that he/she has sufficient ability and sufficient capital to enable
him/her to meet the requirements of these specifications. The awarding authority's
decision or judgment on these matters shall be final, conclusive and binding.
6. Name, address and phone numbers for three references who can attest to your Business
Performance.
B. Description of Proposed Operation
Each proposal shall clearly and completely state the following information relrardin
the concession operation.
I. EXPERIENCE: Proposer must provide a cover letter demonstrating the history of his/her
experience with food preparation and service and/or small business or business
management experience. It must clearly define and qualify the experience of all the
principals and the company has in the food service business and/or business
management. Proposal must include a list of references for which the proposer has
provided food services or business management services including name, address, and
telephone number. Proposers should also include any other information, which they
believe demonstrates their qualifications to perform the services and demonstrates their
satisfaction of the requirements of this RFP.
School Street Park Concession Stand
RFP# 16-620-003
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2. FOOD MENU : A proposed menu and pricing for menu items. Lessee must submit a
complete, itemized food menu for concession service with a price list, with reasonable
prices relative to the age group and clientele with their proposal. Subsequently, menu
and price list must be submitted for approval by the Park and Recreation Director prior to
snack bar operation prior to opening each Lease season. The lessee must submit any
revisions of the menu items and/or prices to the Park and Recreation Director prior to
implementing the new menu. A lisi of"healthy choice" menu alternatives and pricing
shall also be included. "Healthy choice" menu options include, but are not limited to, low
fat food products, fruits, vegetables, salads, yogurts, whole grain products, and low
calorie beverage items.
Section IV: Proposal Evaluation & Selection
Selection Criteria
The Town believes that the selection of the most highly advantageous offer for these services
requires comparative judgment of factors in addition to cost.
The Selection Committee shall determine a composite rating of Highly Advantageous,
Advantageous, Not Advantageous or Unacceptable for each proposal reviewed. After a
composite rating has been determined for each proposal, the Chief Procurement Officer shall
open and review the cost proposals and determine the most highly advantageous proposal,
taking into consideration the ratings on all comparative evaluation criteria as well as cost.
Competency of Proposers
Only those proposers who submit all forms and materials as required will be considered
responsive and responsible. No proposal will be considered unless the PROPOSER
submitting the same shall furnish evidence satisfactory to the Town that he has the
necessary equipment, ability, and financial resources to fulfill the conditions of the contract
and specifications. Previous experience and responsibility of the PROPOSER will be
considered in awarding the contract. No contract will be awarded to any PROPOSER who is
in arrears to the Town upon debt or contract, or who is a defaulter as to surety or otherwise
upon any obligation to the Town of Agawam.
RFP Evaluation Process
Candidates who have met the minimum stated qualifications will be evaluated and ranked by
the Selection Committee based on the criteria listed below. Proposals will be ranked on the
following scale of maximum benefit to the Town: Highly Advantageous (HA- 3 points),
Advantageous (A - 2 points), Not Advantageous (NA - 1 point), or Unacceptable (U - O
points). Any proposal that receives an "Unacceptable" rating for any of the criteria sections
may be rejected outright. In addition to the materials submitted within the proposal, the
Selection Committee may ask for additional information or a clarification of any written
responses. Applicants may be interviewed during the selection process.
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RFP # 16-620-003
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The proposal submitted should specifically address the following comparative evaluation
criteria:
1. Years of Experience:
Applicant should demonstrate in the proposal the history of their experience. Clearly
define and qualify the experience your company has in the Snack Bar Concession service
business.
a. Snack bar and/or food service experience
Not Advantageous - Less than two (2) years experience in managing and
providing Snack Bar Concession service (or restaurant operation).
Advantageous - at least two (2) but less than four (4) years experience in
managing and providing Snack Bar Concession service (or restaurant
operation).
Highly Advantageous - Four (4) or more years work experience in managing
and providing Snack Bar Concession service (or restaurant operation).
b Business management experience
Not Advantageous - Less than two (2) years of business management
experience
Advantageous -Two (2) to four (4) years of business management experience
Highly Advantageous - More than four (4) years of business management
experience.
2. Response to menus and snack listings including consideration of prices for items
offered.
Not Advantageous - Proposal is vague; Town is unable to determine if it is
consistent with expressed needs or project intent, menus and snack lists are
incomplete and/or pricing is unreasonably high.
Advantageous - Proposal was adequate, generally appears consistent with
project intent and responded to needs expressed by the Town in all areas,
menus and snack lists are included, with requested items as a minimum.
Menu pricing is reasonable.
Highly Advantageous - Proposal was very thorough, clearly is consistent with
project intent, and is fully responsive to needs expressed by the Town in all
areas menus and snack lists are included, and demonstrate creativity and
support for the enjoyment of beach patrons.
3. Health Inspection History
Not Advantageous - Health inspection history applicable but not provided, or
provided and infractions noted and not rectified in a timely manner.
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Advantageous - Health inspection history provided with minor infractions
rectified within required timeframe.
Highly Advantageous - No heath"violations on record.
Section V: Rule for Award
The Chief Procurement Officer shall open the Price Proposal after receiving the final ranking
of the Selection Committee and make a final determination of which proposal is in the best
interest of the Town. Price alone will not be the determining factor in the awarding of a
contract. The Town shall consider both the rating given to the PROPOSER by the Selection
Committee, Interview results (if applicable) and the Fee Proposal in making the award. The
final contract is subject to negotiation by the Town. The Town alone will be the sole judge in
determining whether a vendors proposal satisfies the requirements of the RFP and whether
or not the proposal will prove advantageous to the Town.
Price proposals shall be ranked on the basis of the present value of the total lease price
offered, with the proposer offering the highest lease price ranked first, and the
remaining proposers ranked in descending order thereafter. The Town expressly
reserves the right to consider non-price elements of proposals and to make the award
to a proposer other than the one offering the highest price.
All proposals shall remain valid and acceptable for ninety (90) days from the last proposal
due date. This time may be extended by mutual consent of selected proposer and the Town.
Upon award, the engagement must commence within twenty (20) days of delivery of a Notice
of Award to the selected PROPOSER.
If a written Contract cannot be negotiated within thirty days of notification of the successful
Proponent, the Town may, at its sole discretion at any time thereafter, terminate negotiations
with that Proponent and either negotiate a Contract with the next qualified Proponent or
choose to terminate the Request for Proposal process and not enter into a Contract with any
of the Proponents.
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Section V: Additional Contract Terms and Conditions
I. TERM: The lease will be for a period of up to three (3) months running from June 15,
2016 through September 15, 2016, with two (2) one (1) season options in 2017 and 2018
to be exercised at the sole discretion of the Town.
2. SECURITY DEPOSIT: Lessee will pay a $500.00 security deposit which will be kept by
the Town in an interest bearing escrow account.
3. PAYMENT AND BILLING: The rental payments shall be made in equal monthly
installments by the 15th of each month starting on or before June 15, 2015. Payment
will be made in the form of check or money order, payable to the Town of Agawam, at
the Parks & Recreation office on, or prior to, the due date.
4. HOURS OF OPERATION: The lessee shall provide the snack bar services at the premises
during the term of the lease under the conditions established and specified by the Parks
& Recreation Department. The Town of Agawam expressly reserves the right to
reasonably require that concession services be made available daily during the dates
identified in this Agreement.
5. MAINTENANCE: The Lessee agrees to maintain the leased premises in good condition,
damage by fire and other casualty only excepted, and whenever necessary, to replace
damaged Town property therein, acknowledging that the leased premises are now in good
order. The Lessee shall not permit the premises to be overloaded, damaged, stripped, or
defaced, nor suffer any waste. Without in any way limiting the generality of the foregoing
mentioned maintenance obligation, the Lessee shall, as a condition of this Lease, perform
the following maintenance at the close of each business day:
Daily general area cleaning is the responsibility of the lessee. This includes
sweeping, spot cleaning and general maintenance in the pavilion and within the
"premises" including cleaning and maintaining the equipment, food preparation and
distribution areas in a sanitary condition. The premises should be kept clear and free of
any trash or other debris.
Outside trash containers and trash removal will be provided by the Town. The Lessee
agrees to maintain the grounds and structure of which the leased premises is a part in
the same condition as it is at the commencement of the term or as it may be put in during
the term of this Lease, reasonable wear and tear, damage by fire and other casualty only
excepted, unless such maintenance is required because of the Lessee or those for whose
conduct the Lessee is legally responsible.
6. NON CONCESSION.DUTIES: The Lessee will be responsible for:
• Daily policing of grounds throughout the day and at closing.
• Policing bathrooms for tidiness and stocking toilet paper if needed.
• Locking bathrooms at the close of each day.
7. NON-FOOD ITEMS: If the Lessee desires to sell other non-food items, a list with prices
must be submitted to the Park and Recreation Director for review and approval each
season. Lessee shall only sell those items approved for sale or display by the Park and
Recreation Director who shall not unreasonably withhold approval of appropriate items.
8. UTILITIES: The Town will pay for electrical service.-If the lessee wants any electrical or
utility modifications, the lessee must make such a request for the Parks & Recreation who
will, if approved, contact the Department of Public Works who would provide labor but
not materials for such modifications
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RFP # 16-620-003
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9. SIGNAGE: The Lessee may place a sign advertising its operation of the Concession Stand
on or adjacent to the Concession Stand, provided, however, that any such sign must
conform to all of the Town of Agawam ordinances and requirements, and must be pre-
approved by the Agawam Parks & Recreation Department.
10. RIGHT FOR SERVICE: The lessee has exclusive right for food service at the contracted
premises excepting that the Town of Agawam reserves the right to contract additional
food service vendors on site, if required, for occasional special events. The 'Down of
Agawam will have the right of first refusal for Special Events. The concessions for the
Summer Concert Series will remain with the Agawam Rotary Club and the Agawam Lions
Club. Additional vendors will only be contracted if lessee cannot meet Town's specific
needs. Furthermore, the Town of Agawam has no control when patrons bring their own
food or drink as all parks are open to the public and residents.
11. INSURANCE: The Lessee shall furnish the Town with Certificate(s) of Insurance in
accordance with the Lease Agreement. The certificate shall name the Town of Agawam as
an additional insured and provide a minimum of $1,000,000 of liability coverage and
shall be in good standing for the duration of the lease agreement. The Lessee must also
provide workers' compensation insurance coverage for all employees in accordance with
Massachusetts General Laws.
12. PERSONNEL: Lessee shall provide adequate trained personnel to furnish efficient
courteous, quality service and meet health code requirements; said personnel to be neatly
and uniformly dressed. Must submit written list of employees and written dress code
statement. ServSafe certification shall be maintained in accordance with the town's
regulations.
13. CRIMINAL HISTORIES (CORI) AND SEXUAL HISTORY (SORII - The Town shall conduct a
Criminal Offender Record Information (CORI) and Sexual Offender Record Information
(SORI) check on all employees and the principal to perform work on site for this contract.
Any unacceptable results of CORI/SORT check shall result in an employee being unable
to work on the premises.
14. COMMUNICATION. The lessee will report and communicate directly with the Parks &
Recreation Director any situation that pertains to the leased area and/or any effect it may
have on the snack bar's business operation. The lessee must designate a specific
principal to communicate with the Parks & Recreation Director
15. LESSEE CONTACTS: The lessee shall provide the Parks & Recreation Director with the
telephone numbers for appropriate personnel to be notified in case of an emergency with
any situation regarding the snack bar. The lessee shall also provide the Parks &
Recreation office the direct phone number for the snack bar if applicable.
16. SUBLEASING: Lessee will agree not to assign, sublet, or underrate the premises, or any
part thereof, without prior written approval of the Recreation Division.
17. PERMITS & LICENSES: Lessee is required to maintain all proper health certificates and
licenses and copies of such certificates and licenses must be on file in the Park and
Recreation Office before commencing operation. The Lessee shall, at all times during the
term of this lease, hold all such licenses and permits necessary for the service of food and
beverages to the general public. The Lessee shall be in default hereunder if any such
license or permit is revoked or if the Lessee shall be unable to secure renewal of any such
license or permit.
18. INDEMNIFICATION Contractor will indemnify and hold harmless the Town of Agawam
and its employees against any and all claims for damages on account of bodily injury,
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RFP # 16-620-003
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including death, property damage, personal injury, and advertising injury by any act or
omission due to negligence of the Contractor, subcontracts, its agents, or employees to
any property of or under the control of the Town of Agawam during the term or any
extension of the resultant agreement, and in case of any action or actions or other legal
proceedings shall be brought or instituted against the Town of Agawam on account of any
such claims, Contractor shall indemnify and hold harmless the Town of Agawam.
However, should the claim be due to the negligence of the Town of Agawam and/or its
employees, Contractor shall be held harmless.
19. COMPLIANCE WITH LAWS: The Lessee acknowledges that no trade or occupation shall
be conducted on the leased premises or use made thereof which will be unlawful,
improper, noisy or offensive, or contrary to any law or any municipal bylaw or ordinance
in force in the Town of Agawam.
20. END OF SEASON CLEAN/UP AND SHUTDOWN
At the end of each season, within 30 days after Labor Day, Lessee shall have the snack
bar facility cleaned out and all food removed for winterization of the building. This
includes emptying and cleaning all freezers, refrigerators, and coolers and turning off all
electrical appliances. Water is shut off by the Town and the facility closed for the winter
season.
.Reservation of rights
The Town reserves the right to:
1. Reject any or all proposals.
2. Conduct investigations with respect to the qualifications of each Proposer or to
verify documentation submitted.
3. Supplement, amend or otherwise modify this RFP, and to cancel this RFP with
or without the substitution of another RFP.
4. Issue additional subsequent solicitations for proposals.
5. Reevaluate a proposal or award if substitutions of key personnel or other
changes are proposed prior to the execution of the contract.
b. Condition an award of a contract on the successful negotiation of specified
revisions to a Proposer's Plan of Services as permitted by M.G.L. c. 30B as the
Town, in its sole discretion, may determine. However, Proposers shall not
include items for negotiation in their proposals or otherwise condition their
proposals on negotiation of changes to requirements in the RFP or the contract.
Inclusion of any such conditions in a proposal shall be cause for rejection of the
proposal.
Sample Contract
Please note that the Contract Agreement incorporates by reference all the terms,
specifications, and conditions of the Proposal.
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RFP # 16-620-003
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Com liance Documents and Checklist
The compliance documents in this section must be completed,
signed and returned with your Pro osal Rackage.
Town of Agawam
Procurement Office
36 Main Street
Agawam, MA 01001
Failure to submit the completed documents will cause the disqualification of
the proposal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section Index
Check when complete
• Exhibit A - Proposal Signature Page...........................
• Exhibit B- Price Proposal........................................
• Exhibit C- Certificate of Non-Collusion.......................
• Exhibit D- Certificate of Tax Compliance ....................
• Exhibit E- Disclosure Statement ...............................
• Exhibit F- Reference Sheet.......................................
• Complete, itemized food menu with price list.............
• Cover letter
o ServSafe certifications) and/or plans to obtain..........
• Record of Town(s) in which previously licensed
for business (if applicable).......................................
ci • List of non-food items to be offered for sale (if applicable)
Your Company's Name:
Service or Product Proposal: School Street Park Concessions
RFP#: 16-620-003
NOTE: Failure to submit any of the required documents, in this or in other
sections, with your Proposal response package may cause the disqualification
of your proposal.
18
School Street Park Concessions
RFP 4 16-620-003
Exhibit A
Proposal Signature Page
Complete this page and return as a cover sheet for the completed Proposal.
Company Name Contact Person (please print)
Street Phone
City, State, Zip Fax
Email
Submits the attached Proposal for this Request for Proposals to the Town of Agawam, on
the authority of the undersigned and as dated below. I confirm and pledge to abide by and
be held to the requirements of this RFP and its resulting contract, to perform any tasks and
deliver any documents required, and to execute a Contract with the Town of Agawam.
Authorized Agent of the Contractor:
t
Signature (blue ink please)
Printed Name
Title If a corporation,attach
certificate of vote(Exhibit G)
or apply corporate seal here)
Date
Form must be signed by a duly authorized officer(s)eligible to sign contract documents for the firm.
Consortiums,joint ventures,or teams submitting Proposals will not be considered responsive unless it is
established that all contractual responsibility rests solely with one contractor or one legal entity.The Proposal
must indicate the responsible entity.
Contractor should be aware that joint responsibility and liability will attach to any resulting contract and failure
of one party in a joint venture to perform will not relieve the other party or parties of total responsibility for
performance.
*to be filled in by Proposer, if addenda are issued.
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School Street Park Concessions
RFP # 16-620-003
Exhibit B
Price Proposal Signature Page
COMPLETE THIS PAGE AND SUBMIT WITH ANY ATTACHMENTS IN A SEPARATE SEALED
ENVELOPE FROM NON-PRICE PROPOSAL.
Proposer:
To: Town of Agawam RFP for concessions services at School Street Park
The undersigned Proposer certifies under penalties of perjury that this Price
Proposal, including the attached documents, has been made and submitted in good faith
and without collusion or fraud with any other person. As used in the certification, the
word "person" shall mean any natural person, business partnership, corporation, union,
committee, club or other organization, entity or group of individuals. The undersigned
further certifies that he has carefully examined the RFP, including the attached exhibits
and all addenda, and it proposes and agrees that it will contract with the Town to provide
all of the services described therein in the manner and time set forth therein for the prices
set forth below.
Price includes but is not limited to all deliverables listed in the RFP.
Season 1 Period June 15, 2016 to
September 15, 2016 x 3 months =
per month total
Optional Seasons
Season 2 Period June 15, 2017 to
September 15, 2017 (First season total plus 5% min.)
total
Season 3 Period June15, 2018 to
June 15, 2018 (Second season total plus 5% min)
total
All payments to be made by the LESSEE to the LESSOR as rent hereunder shall be made
by the LESSEE to the LESSOR under the following terms:
After the initial security deposit and the lease award have been finalized, the remaining
balance for each lease season must be remitted as follows: The rental payments shall be
made in equal monthly installments by the 15th of each month starting on or before June
15, 2016. Payment will be made in the form of check or money order, payable to the Town
of Agawam, at the Parks & Recreation office on, or prior to, the due date.
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School Street Park Concessions
RFP# 16-620-003
The undersigned agrees to abide by the terms and conditions of this pricing sheet and
fully understands the obligations they are making to the Town of Agawam by signing this
form.
The Proposer certifies that the information contained in this Price Proposal is current,
truthful and complete.
Dated this day of , 2016.
Signature (blue ink please)
Printed Name Title
Company Name Email
Street Phone
City, State, Zip Fax
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School Street Park Concessions
RFP # 16-620-003
Exhibit C
Certificate of Non-Collusion
The undersigned certifies under penalties of perjury that this Proposal or proposal
has been made and submitted in good faith and without collusion or fraud with any
other person. As used in this certification, the word "person" shall mean any natural
person, business, partnership, corporation, union, committee, club, or other
organization, entity, or group of individuals.
Signature of individual submitting Proposal or proposal
Name of Company
Date
Exhibit D'
Certificate of Tax Compliance
Any person failing to sign the Attestation of Taxes shall not be allowed to obtain,
renew, or extend a license, permit, or public contract.
Pursuant to M.G.L. Chapter 62C, §49A, I hereby certify, under the penalties of
perjury, that, to the best of my knowledge and belief, I am in compliance with all the
laws of the Commonwealth relating to taxes, reporting of employees and contractors,
and withholding and remitting child support.
Signature and Title of Authorized Company Officer
Date
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School Street Park Concessions
UP # 16-620-003
EXHIBIT E
DISCLOSURE STATEMENT
LEASE OF REAL PROPERTY
TOWN OF AGAWAM
REQUEST FOR PROPOSALS TO LEASE PROPERTY
SCHOOL STREET PARK CONCESSION STAND
For the lease of real property by the Town of Agawam, the undersigned does hereby state, for the
purpose of disclosure pursuant to M.G.L. Chapter 7, §40J, of a transaction relating to real
property as follows (attach sheets if necessary):
1. Real Property: SCHOOL STREET PARK CONCESSION STAND
2. Term: Three(3) MONTH LEASE (June 15, 2016 - September 15, 2016)
3. Seller or Lessor: TOWN OF AGAWAM
4. Buyer or Lessee:
5. Names and addresses of all persons who have or will have a direct or indirect beneficial interest
in the property as Lessee.
Name Residence
6. None of the above-mentioned person(s) is an employee of the Town of Agawam or an official
elected to public office in the Commonwealth of Massachusetts except as listed below.
Signed under the penalties of perjury.
Name Date
Title
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School Street Park Concessions
RFP # 16-620-003
Exhibit F
Proposers Reference Sheet
LIST OF REFERENCES
Respondents must provide a minimum of three (3) current customer references that have been
provided with a plan similar to that proposed herein (of which two (2) must be municipal clients).
The Town may use itself as a reference.
Company Name:
Address:
Phone No.:
Email:
Contact Name/Title: Position:
Numberof Years as a client..........................................................................................
Company Name:
Address:
Phone No.:
Email:
Contact Name/Title: Position:
Numberof Years as a client:......................................................................................
Company Name:
Address:
Phone No.:
Email:
Contact Name/Title: Position:
Numberof Years as a client...................................................................................................
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School Street Park Concessions
RFP# 16-620-003
TOWN OF AGAWAM, MASSACHUSETTS
REQUEST FOR PROPOSALS; 16-620-003
School Street Park Concession
LEGAL NOTICE
The Town of Agawam, acting through its Chief Procurement Officer issues this Request for
Proposals (the "RFP") to qualified parties ("Proposer") who have an interest in providing Snack Bar
Concessions at School Street Park. The Town hereby requests competitive sealed proposals in
accordance with Massachusetts General Laws Chapter 30B, § 6, for the period beginning June 15,
2016 to September 15, 2016. The Town reserves the right at its sole discretion to renew this
Agreement for an additional two (2) one (1) season terms.
On April 6, 2016, the RFP will be made available to interested parties who submit a request to the
Chief Procurement Officer. Each request must: state to whom and at what address the documents
requested are to be delivered. A copy of the RFP will also be available for inspection at the
Procurement Office, Monday through Friday from 9:00 a.m. to 4:00 p.m. Interested parties may
call (413) 726-9742 or email Procurementa@agawam.ma.us.
All responses to these proposals must be in writing and in the form set forth in this RFP and
delivered in sealed envelopes to: Chief Procurement Officer, Town of Agawam-Lower Level, 36 Main
Street , Agawam, MA 01001. Proposals will be received until May 6, 2016 at 2:00PM in the
Procurement Conference Room.
The Town reserves the right to reject any and all Proposals as determined to be in the best
interests of the Town and to waive minor informalities. Any contract issued in response to a
successful Proposal must be approved by the City Council.
Central Register: April 6,2016
Agawam Advertiser: April 14,2016
25
School Street Park Concessions
RFP# 16-620-003
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School Street Park Concessions
RFP 4 16-620-003