RFP-Operation of Arena Snack Bar-126
When:INTENT
The City is soliciting requests for proposals (RFP) to identify qualified vendors interested in operating the snack bar located at the City of Long Beach Ice Arena (the “Arena”), 150 West Bay Drive, Long Beach, NY 11561. The selected vendor(s) will be required to operate according to the terms and conditions set forth in a formal agreement with the City upon award.
GENERAL
- Sealed proposals will be received and opened at 11:00 AM on Friday, October 29, 2021, in the Purchasing Department of the City of Long Beach, Room 509, One West Chester Street, Long Beach, NY.
- No alcoholic beverages or tobacco products may be sold.
- Proposer must submit a 50% deposit of the first year’s fee, payable by certified check or money order, at the opening of bids. The balance of the first year’s fee must be paid by the successful proposer upon execution of the agreement.
- No proposals will be accepted from anyone who is in arrears for prior expenses or fees owed to the City.
- The amount proposed will be for an annual fee based on a two (2) year term, with two (2) two (2) year extensions. Said extensions shall only take effect upon a request in writing, received by the City no later than six (6) months prior to the expiration of the lease, and prior to the expiration of the first extension. Rent to be paid during any extension shall be negotiated between the parties. The determination to grant any request for an extension shall be within the sole discretion of the City and may be rejected with or without cause. The agreement with the successful proposer(s) shall commence in November, 2021 and terminate November, 2023.
- The entire fee for the second year must be paid prior to the commencement of the second year. For any extension period(s), the entire fee for each additional year of the extension period(s) must be paid in full prior to the commencement of each respective additional year.
- Proposers must submit a resume in writing of their experience in the food and beverage concession service business along with their proposal. Unless this resume is submitted, the proposal will not be considered.
- The City reserves the right to reject any and all proposals if not deemed in the best interest of the City of Long Beach. The City is not obligated to accept the highest proposal and has the right to award the contract to the proposer proving the most complete experience in the food and beverage concession service business.
- The successful proposer shall obtain a Mercantile License from the City Clerk of the City of Long Beach.
10.The successful proposer will be responsible for all permits, fees and other costs associated with the proper operation of this service.
11.The successful proposer will be required to obtain and maintain all required Nassau County Department of Health Approvals/Permits pertaining to food and beverage concession services.
12.The vendor shall, to the fullest extent provided by law, defend and indemnify and save harmless the City from claims, suits, action, damages and costs of every nature, kind, name and description resulting from the negligent performance of the services. Such defense and indemnity shall not be limited by reason of enumeration of any insurance coverage provided by the firm. Negligent performance of service shall include, in addition to negligence founded upon tort, negligence based upon the firm’s failure to meet professional standards and resulting in obvious or patent errors in the progression of its work. Nothing shall create or give third parties any claim or right of action against the firm or the City beyond those provided by law.
13.The firm shall procure and maintain during the term of any agreement resulting from this RFP, with a carrier holding an “A” rating from AM Best Company, or its equivalent, and furnish certificates of insurance evidencing its procuring such as enumerated in the Insurance Certification Form on page 17 of this document.
14.Proposers must include a sworn statement setting forth whether the corporate proposer, its principals or employees (acting on proposer’s behalf) have been convicted, or pled guilty to any State, Federal or Local crime or violation within the past ten (10) years. Set forth the relevant facts and circumstances surrounding said conviction. Failure to provide this statement shall result in the rejection of the proposal.
15.Staffing of the food and beverage service shall be adequate at all times to provide proper service. Employment shall be obtained from local work forces as much as possible.
16.The lessee shall file a list of items to be sold and the prices to be charged. Unless otherwise stipulated, only food and beverages (excluding alcoholic beverages) may be sold. The City reserves the right to restrict or prohibit the sale of any item. No alcoholic beverages, drugs or other dangerous items shall be offered for sale.
17. The successful proposer shall post a price list.
18.The City reserves the right to:
- Suspend the contract at any time due to inadequate or poor performance.
- Enter the unit and inspect same for compliance with Local, County, State and Federal Codes/Laws.
- Remove from the Arena, at any time, vendor employees or persons who are violating any Federal State, or Local law or code.
19.The successful proposer shall maintain the area around the food and beverage concession service in a clean and proper manner subject to violations being imposed. Garbage and trash shall be properly stowed and disposed of in accordance with the City’s Code of Ordinances and as directed by our Department of Sanitation.
20.In the event that the City finds the vendor is in violation of this agreement, then penalties shall be as follows:
- 1st violation – Warning
- 2nd violation - $250 Payment to City’s General Fund
- 3rd violation - $500 Payment to City’s General Fund
- 4th violation – TERMINATION OF THIS AGREEMENT
21.The proposer agrees to maintain any licensed/leased space, the structure and surrounding area in good condition and repair in accordance with the requirements of applicable laws, codes, and/or ordnances of the City of Long Beach at all times during the term of this agreement at his own cost and expense.
22.It is agreed between the respective parties hereto that any improvements made by the proposer herein shall become the property of the City, and the proposer shall not do or suffer anything to be done which would impair the use or value of said improvements.
23.The City is not responsible for any clean-up of the leased area. In the event the City has to clean the leased area, the lessee will be responsible for the cost incurred by the City to perform same. The successful proposer, at its sole cost and expense, shall supply any equipment it requires and shall repair and replace any and all equipment required for the proper operation of the Arena Snack Bar concession.
NOTICE TO PROPOSERS
SEALED REQUESTS FOR PROPOSALS will be received by the Purchasing Department of the City, on the 29th day of October, 2021, at 11:00 a.m. (the “Submission Date”), or as extended, for:
Operation of Arena Snack Bar
Due to public health and safety concerns related to COVID-19, the sealed bids will be publicly opened and recorded via videoconferencing. The public will have an opportunity to see and hear the bid opening live at:
https://www.youtube.com/c/cityoflongbeachNYOFFICIAL
Proposals may be mailed or delivered to the Purchasing Department, 1 West Chester Street, Room 509, Long Beach, New York 11561, provided the Proposal is actually received by the Purchasing Department prior to the Submission Date.
All Proposals must be sealed and submitted in an envelope clearly marked “Operation of Arena Snack Bar Proposal”.
All PROPOSERS MUST complete the required Bidder’s Disclosure Statement, Non-Collusion Declaration, and must provide a copy of the required Statement of Financial Conditions, even if a Proposer is currently executing work for the City.
The City reserves the absolute right to reject any and all Proposals, and to waive any informalities therein.
A Proposal submitted by a Proposer who is not in full compliance with the provisions of the City Charter and Code of Ordinances at the time of submission will be denied.
The City will not accept Proposals from, nor award an agreement to, anyone who cannot prove to the satisfaction of the City that the Proposer has sufficient experience and/or is financially able and organized to successfully comply with the requirements set forth herein.
DONNA M. GAYDEN
CITY MANAGER
DATED: Long Beach, New York
October 6, 2021