1 REQUEST FOR PROPOSALS (PWFM-18-0102) Lease of City-Owned Property – City of Virginia Beach Coffee Shop Meyera E. Oberndorf Central Library 4100 Virginia Beach Blvd., Virginia Beach DEADLINE FOR SUBMISSION – Friday September 1, 2017, 3:00 p.m., local time I. OVERVIEW PROPERTY: The City of Virginia Beach Meyera E. Oberndorf Central Library (the “Library”), is located at 4100 Virginia Beach Blvd. PURPOSE: The City is seeking local business owners (“Vendors”) to lease and operate a coffee shop, for the purpose of offering visitors and patrons beverages, prepared foods and related items, such as sandwiches, soup, pastries, cakes, pies and cookies. SPECIFICATIONS: Approximately 593 square feet of space which is located in the vestibule near the main entrance. Potential Vendors can view this site on August 25, 2017 by appointment only which can be arranged by contacting the Facilities Management Office at 757.385.8558 This will be the only time available for potential Vendors to enter the site. SEE EXHIBIT A FOR BUILDING DRAWING.
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Coffee Shop Meyera E. Oberndorf Central Library …...1 REQUEST FOR PROPOSALS (PWFM-18-0102) Lease of City-Owned Property – City of Virginia Beach Coffee Shop Meyera E. Oberndorf
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REQUEST FOR PROPOSALS (PWFM-18-0102)
Lease of City-Owned Property – City of Virginia Beach
Coffee Shop Meyera E. Oberndorf Central Library
4100 Virginia Beach Blvd., Virginia Beach
DEADLINE FOR SUBMISSION – Friday September 1, 2017, 3:00 p.m., local time
I. OVERVIEW
PROPERTY: The City of Virginia Beach Meyera E. Oberndorf Central Library (the “Library”), is located at 4100 Virginia Beach Blvd.
PURPOSE: The City is seeking local business owners (“Vendors”) to lease and operate a coffee shop, for the purpose of offering visitors and patrons beverages, prepared foods and related items, such as sandwiches, soup, pastries, cakes, pies and cookies.
SPECIFICATIONS: Approximately 593 square feet of space which is located in the vestibule near the main entrance.
Potential Vendors can view this site on August 25, 2017 by appointment only which can be arranged by contacting the Facilities Management Office at 757.385.8558 This will be the only time available for potential Vendors to enter the site.
SEE EXHIBIT A FOR BUILDING DRAWING.
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BACKGROUND: The City of Virginia Beach has owned and operated the Library for over 20 years. A coffee shop has been in operation for the past fourteen years. This Library has an average of 1100 visitors per day.
RESTRICTIONS: No alcohol is allowed on premises for sale or consumption. The operating hours are required to fall within the parameters of the Library’s operating hours and may change from time to time. The operating days and hours are now set as Monday – Thursday 10 a.m. to 9 p.m.; Friday – Saturday 10 a.m. to 5 p.m.; Sunday 1 p.m. to 5 p.m. (September, 1st Sunday after Labor Day, through May)
LEASE TERM: The City will award a lease term of one (1) year with four (4) one (1) year options to renew. At the end of year five, Vendor will be required to apply through RFP process to continue Lease.
II. COMPATIBILITY of PRODUCT OFFERINGS
The City seeks proposals from applicants who will be able to provide for the retail sale of beverages, prepared food and related items, such as sandwiches, soup, pastries, cakes, pies and cookies. No grilling or baking will be allowed on premises.
III. PROPOSAL REQUIREMENTS
a. Respondent Qualifications:
i. Ineligible Applicants – Current employees of the City of Virginia Beach are not eligible. Applicant must not be involved in current litigation or a contractual dispute with the City of Virginia Beach.
ii. Background and Credit Check – Applicants are subject to background and credit checks. Any information obtained will be held confidential.
iii. Insurability – Vendors shall maintain General Liability Insurance in the amount of $1,000,000 for the duration of any lease term awarded. The City of Virginia Beach shall be listed as an additional insured.
iv. Business License – Vendor must maintain a valid business license throughout the duration of the lease term. For business license questions, call Commissioner of the Revenue at (757) 385-4515.
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b. Submittal of Proposals: Each respondent must submit with their proposal the items listed below:
i. Six copies of each proposal in a sealed envelope marked “RFP PWFM-18-0102” on the outside
ii. A completed Anticollusion / Nondiscrimination / Drug-Free Workplace Form (attached)
iii. Proposals shall be received and date-stamped in the location described below no later than Friday September 1, 2017- 3:00 pm local time. All proposals received after that time may not be considered, and may be returned unopened to the respondent.
c. Location for submissions: City of Virginia Beach PW/Facilities Management Office Attn: Barry Shockley Bldg 18, Room 228 Municipal Center 2424 Courthouse Drive Virginia Beach, VA 23456
Proposals submitted by telephone, facsimile, or e-mail will not be considered.
d. Contents of Proposal: Respondents must include in their proposal the following documents and information which will be used as evaluation criteria:
i. Business Plan – A description of the proposed business and type of products that will be offered.
ii. Rent Offered – Amount of rent the Vendor is offering for the space, annually.
iii. References – Names and contact information for at least three (3) business references and three (3) personal references. If reference contact information is invalid, the submittal may be considered Non-Responsive.
iv. Improvements – List any proposed alterations or improvements to be made to the space. Note that any alteration and/or improvement will be at Vendor/Lessee’s sole expense, must be submitted in writing and approved by the City’s Facilities Management Office prior to any work being performed. All work must be performed or supervised by a Class A or Class B contractor licensed in Virginia.
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v. Opening Date – Provide an expected timeline for grand opening event and formal business opening.
IV. LAWS AND REGULATIONS
Applicant must be willing to sign a lease substantially similar to the formal lease attached hereto as Exhibit B, without changes or alterations. If selected, Vendor must agree to provide the City of Virginia Beach with reports, financial information, and any other information requested which may be needed to ensure compliance with local, state and federal laws and regulations. Vendor must comply with all laws, regulations and ordinances of the City of Virginia Beach, including but not limited to land use, building permits, zoning and code enforcement. Questions regarding building code requirements should be directed to the Department of Planning at (757) 385-4211 (permits) and (757) 385-8074 (zoning).
V. REVIEW AND SELECTION
Each proposal will be evaluated based on the criteria requested in this RFP. The participants will be notified by mail of the City’s selection. The City reserves the right to reject any and all proposals and to select the proposal(s) that it deems is in the best interests of the City.
Only responsive and responsible proposals will be considered. Proposals that attempt to change or do not meet the requirements in this Request for Proposals may be rejected as being non-responsive. Each proposal shall be considered a valid offer until the City notifies participants that it has selected a proposal or until the applicant withdraws its application, whichever occurs first.
If a proposal is selected, the City will notify the selected Vendor and will prepare the lease agreement setting forth the terms of lease consistent with the terms in this Request for Proposals and the Vendor’s proposal. The Vendor/tenant will sign the lease agreement, and then the matter will be put on the City Council’s Agenda for a public hearing and formal approval pursuant to applicable laws and procedures.
For additional information about this Request for Proposals, please contact the PW/ Facilities Management Office at (757) 385-5659 Monday – Friday between 8:00 a.m. and 5:00 p.m.
VI. ANTICOLLUSION/NONDISCRIMINATION/DRUG-FREE WORKPLACE FORM
The attached Anticollusion/Nondiscrimination/Drug-Free Workplace form incorporated herein (pages 5 - 7) should be executed and returned with the proposal documents.
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ANTICOLLUSION/NONDISCRIMINATION/DRUG-FREE WORKPLACE FORM
ANTICOLLUSION CLAUSE:
IN THE PREPARATION AND SUBMISSION OF THIS BID, SAID BIDDER DID NOT EITHER DIRECTLY OR INDIRECTLY ENTER INTO ANY COMBINATION OR ARRANGEMENT WITH ANY PERSON, FIRM OR CORPORATION, OR ENTER INTO ANY AGREEMENT, PARTICIPATE IN ANY COLLUSION, OR OTHERWISE TAKE ANY ACTION IN THE RESTRAINT OF FREE, COMPETITIVE BIDDING IN VIOLATION OF THE SHERMAN ACT (15 U.S.C. SECTION 1), SECTIONS 59.1-9.1 THROUGH 59.1-9.17 OR SECTIONS 59.1-68.8 THROUGH 59.1-68.8 OF THE CODE OF VIRGINIA. THE UNDERSIGNED BIDDER HEREBY CERTIFIES THAT THIS AGREEMENT, OR ANY CLAIMS RESULTING THERE FROM, IS NOT THE RESULT OF, OR AFFECTED BY, ANY ACT OF COLLUSION WITH, OR ANY ACT OF, ANOTHER PERSON OR PERSONS, FIRM OR CORPORATION ENGAGED IN THE SAME LINE OF BUSINESS OR COMMERCE; AND, THAT NO PERSON ACTING FOR, OR EMPLOYED BY, THE CITY OF VIRGINIA BEACH HAS AN INTEREST IN, OR IS CONCERNED WITH, THIS BID; AND, THAT NO PERSON OR PERSONS, FIRM OR CORPORATION OTHER THAN THE UNDERSIGNED, HAVE, OR ARE, INTERESTED IN THIS BID.
DRUG-FREE WORKPLACE DURING THE PERFORMANCE OF THIS LEASE, THE LANDLORD AGREES TO (I) PROVIDE A DRUG-FREE WORKPLACE FOR THE LANDLORD'S EMPLOYEES; (II) POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, A STATEMENT NOTIFYING EMPLOYEES THAT THE UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION, DISPENSATION, POSSESSION, OR USE OF A CONTROLLED SUBSTANCE OR MARIJUANA IS PROHIBITED IN THE LANDLORD'S WORKPLACE AND SPECIFYING THE ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEES FOR VIOLATIONS OF SUCH PROHIBITION; (III) STATE IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE LANDLORD THAT THE LANDLORD MAINTAINS A DRUG-FREE WORKPLACE; AND (IV) INCLUDE THE PROVISIONS OF THE FOREGOING SECTIONS I, II, AND III IN EVERY SUBCONTRACT OR PURCHASE ORDER OF OVER $10,000, SO THAT THE PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR. FOR THE PURPOSE OF THIS SECTION, “DRUG-FREE WORKPLACE” MEANS A SITE FOR THE PERFORMANCE OR WORK DONE IN CONNECTION WITH A SPECIFIC CONTRACT AWARDED TO A LANDLORD IN ACCORDANCE WITH THIS CHAPTER, THE EMPLOYEES OF WHOM ARE PROHIBITED FROM ENGAGING IN THE UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION, DISPENSATION, POSSESSION
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OR USE OF ANY CONTROLLED SUBSTANCE OR MARIJUANA DURING THE PERFORMANCE OF THE CONTRACT.
NONDISCRIMINATION CLAUSE
1. EMPLOYMENT DISCRIMINATION BY BIDDER SHALL BE PROHIBITED. 2. DURING THE PERFORMANCE OF THIS CONTRACT, THE SUCCESSFUL
BIDDER SHALL AGREE AS FOLLOWS:
a) THE BIDDER, WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AGE, DISABILITY, OR ANY OTHER BASIS PROHIBITED BY STATE LAW RELATING TO DISCRIMINATION IN EMPLOYMENT, EXCEPT WHERE THERE IS A BONA FIDE OCCUPATIONAL QUALIFICATION/CONSIDERATION REASONABLY NECESSARY TO THE NORMAL OPERATION OF THE BIDDER. THE BIDDER AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES SETTING FORTH THE PROVISIONS OF THIS NONDISCRIMINATION CLAUSE.
b) THE BIDDER, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED ON BEHALF OF THE BIDDER, WILL STATE THAT SUCH BIDDER IS AN EQUAL OPPORTUNITY EMPLOYER.
c) NOTICES, ADVERTISEMENTS, AND SOLICITATIONS PLACED IN ACCORDANCE WITH FEDERAL LAW, RULE OR REGULATION SHALL BE DEEMED SUFFICIENT FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THIS SECTION.
d) BIDDER WILL INCLUDE THE PROVISIONS OF THE FOREGOING SECTIONS A, B, AND C IN EVERY SUBCONTRACT OR PURCHASE ORDER OF OVER $10,000, SO THAT THE PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR.
The foregoing instrument was acknowledged before me this ____ day of ____________, 2017, by ________________________________________, City Manager/Authorized Designee of the City of Virginia Beach, on its behalf. He/She is personally known to me.
Notary Public My commission expires: ____________________ My commission number: ____________________ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ____ day of ____________, 2017, by Ruth Hodges Fraser, City Clerk of the City of Virginia Beach, on its behalf. She is personally known to me.
Notary Public
My commission expires: ____________________ My commission number: ____________________ STATE OF _________________ CITY/COUNTY of _________________, to-wit:
The foregoing instrument was acknowledged before me this ____ day of ____________, 2017, by, ________________________________________, [title]________________________, on its behalf.
Notary Public My commission expires: ____________________ My commission number: ____________________
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: _______________________ Department of Public Libraries Facilities Management Office APPROVED AS TO LEGAL SUFFICIENCY: __________________________ City Attorney