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HomeMy WebLinkAboutFood Lease Services BT Golf and Poolside Cafe2 VILLAGE OF OAK BROOK Purchasing Division 1200 Oak Brook Road Oak Brook, IL 60523 (630) 368-5164 REQUEST FOR PROPOSAL FOOD MANAGEMENT LEASING SERVICES AT THE BATH & TENNIS CLUB, GOLF CLUB, AND POOLSIDE CAFE January 2022 Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 1 TABLE OF CONTENTS SECTION 1. REQUEST FOR PROPOSALS ............................................................................................... 2 A. NOTICE – POSTED ON THE VILLAGE WEBSITE JANUARY 6, 2022 ........................................................... 2 B. PROJECT DESCRIPTION ...................................................................................................................... 3 C GENERAL TERMS AND CONDITIONS ..................................................................................................... 6 SECTION 2. PROPOSAL INSTRUCTIONS ............................................................................................... 14 A. DOCUMENTS/INFORMATION TO BE SUBMITTED ................................................................................... 14 B. PROPOSAL ....................................................................................................................................... 15 C. REFERENCES ................................................................................................................................... 16 E. PROPOSERS CERTIFICATION ............................................................................................................. 18 D. SEXUAL HARASSMENT POLICY .......................................................................................................... 20 SECTION 3. REVIEW PROCESS ............................................................................................................. 21 A. EVALUATION OF PROPOSALS AND SELECTION .................................................................................... 21 B. BASIS OF AWARD ............................................................................................................................. 21 Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 2 Section 1. Request for Proposals A. Notice – posted on the Village Website January 6, 2022 Village of Oak Brook Request for Proposals Food Management Leasing Services at the Bath & Tennis Club, Golf Club, and Poolside Café January 2022 The Village of Oak Brook is soliciting proposals for Food Management Leasing Services at the Bath & Tennis Club, Golf Club, and Poolside Café Proposals shall be addressed to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 The closing date and time for receipt of proposals is Thursday, January 20, 2022, at 2:00 P.M. prevailing time. Proposals received after the submittal time will be rejected and returned unopened to the sender. A pre-submittal meeting and facility tour will be held at 10:00 am on Friday, January 14, 2022, beginning at the Bath and Tennis Club, 800 Oak Brook Road, Oak Brook Illinois, 60523. Attendance at this meeting is strongly recommended for firms interested in submitting a proposal in response to this request. This meeting is an opportunity to ask questions concerning the specifications. A complete proposal package is on file for inspection and may be downloaded from the Village’s website at www.oak-brook.org or picked up at the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. There is no charge for the package. The Village of Oak Brook reserves the right to reject any or all proposals, waive all technicalities, errors, omissions, erasures, alterations, and additions not called for, and to make an award which, in its judgment, is the best and most favorable to the interests of the Village and the public. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 3 B. Project Description 1. Introduction The Village of Oak Brook is seeking proposals from qualified firms for the management of all aspects of food services at the Bath & Tennis Club, the Golf Club, and the Poolside Café. The Village is looking for one (1) firm to manage all three (3) locations. The Bath & Tennis Club, located at 800 Oak Brook Road, in Oak Brook consists of the Oak Brook Room (primary banquet room), the Saddle Club II Room (can be used separately or in conjunction with the Oak Brook Room) a Pond Room (adjacent to the Oak Brook Room) and a Covered Veranda. The Clubhouse has a full kitchen, two full bars (one each in the Oak Brook and Saddle Club II Rooms), a Bridal changing room, and ancillary storage rooms. The entire Clubhouse can accommodate parties of up to 200 guests for plated service or 300 guests for a cocktail reception. The menu consists of standard party/wedding catering menu. The Bath & Tennis Club is open year round for service. The Poolside Café is also located at 800 Oak Brook Road and is part of the pool area which consists of three (3) pools and a beach area. The Poolside Café is open and operational from the Saturday before Memorial Day to Labor Day each year. The current Poolside Café menu consists of hamburgers, hot dogs, chicken sandwiches, various wraps, and limited salads. Refreshments and alcohol are also served at the Poolside Café. The hours of operation are while the pool is open. The pool hours of operation are included as Exhibit A. The Oak Brook Golf Club is located at 2606 York Road, in Oak Brook, is an 18-hole Golf Course that is generally open for business April 1st – December 1st each year but can be run as a 12-month operation. The Club also includes a pro shop and a sit down lounge area and kitchen. The current menu consists of hot and cold sandwiches, hamburgers, chicken, hot dogs, soups, salads, pizzas, various appetizers. There is also a full bar that offers a variety of different beer and an on course food and beverage cart. The lounge hours are 6:00 am – 10:00 pm. Village owned furniture and Equipment at the Bath & Tennis Club, Golf Club, and Poolside Café are included in Attachment B. The Village is a non-home rule municipality with a population of 8,702. The Village operates many operations and departments to serve the needs of its residents and the greater populace that serve as the community of the Village, including the Business and Corporate Community. 2. Scope of Services • The successful proposer will enter into a Food Management Lease Agreement with the Village of Oak Brook. Terms of the agreement include, but are not limited to the following minimum requirements: A. The Lessee must obtain and maintain all necessary permits, certificates and licenses. B. The successful respondent will be required to submit to the Village a $2,000.00 Security Deposit to guarantee performance under the terms of a lease agreement. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 4 C. If alcoholic beverages, including beer and wine, are sold or dispensed on the leased premises at any time during the term of the lease or any extension thereof, the Lessee covenants at all times to comply with all laws of the State of Illinois and Village of Oak Brook governing the sale of such beverages and Saturdays. D. The Lessee covenants to fully stock and adequately staff the Bath & Tennis Club, Golf Club, and Poolside Café , during the term of this lease and any extension thereof for the operation and use of the leased premises as described previously and to keep the premises open for such use continuously and without interruption for such hours and such time as are customary for said operation and use. The Lessee shall hire, train and evaluate employees it deems necessary to staff the operation adequately. E. The Lessee covenants to pay all taxes levied on all equipment, goods or other personal property it owns and uses in connection with the leased premises during the term of this lease or any extension thereof. The leased premises shall be exempt from municipal real property taxes ordinarily levied by the Village of Oak Brook as long as they are owned by said Village. F. The Lessee covenants not to discriminate with respect to employment, hiring, membership and use and enjoyment of the Bath & Tennis Club, Golf Club, and Poolside Café and related facilities on the basis of race, color, creed, religion, age, sex, marital status, national origin, or physical or mental disability in violation of the laws of the United States or of the State of Illinois, nor otherwise to commit any unfair employment practice prohibited by law, except that the Lessee may base an adverse hiring, termination or other employment action upon physical or mental disability if the Lessee affirmatively establishes that the disability prevents satisfactory performance of the work involved. The Lessee further covenants to take affirmative action to promote nondiscrimination, to display the provisions of this nondiscrimination clause conspicuously in the restaurant and to incorporate these nondiscrimination provisions in all contracts executed with suppliers of materials and services. G. The Lessee covenants not to assign this lease in whole or in part or sublet all or any part of the leased premises, or to use or permit the use of the leased premises for any purposes other than those described herein without the Lessor’s prior written consent. Such consent shall not be unreasonably withheld. The prohibition against assignment or subletting shall be construed to cover any assignment or subletting by operation of law. The Lessee shall remain liable under this lease and shall not be released from performing any of its terms and covenants under this lease. • In order to qualify for consideration in the award of the lease or management contract for the subject facility, a responding firm or firm’s proposed staff member(s) must: A. Have a minimum of three (3) years of experience, within the last ten (10) years with successful restaurant management services similar to the services that the Village is seeking herein. B. Demonstrate the necessary line of credit or financial resources required to equip and operate the restaurant during the contract period. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 5 C. Demonstrate a competent record of employment or history of contract service in the operation of a restaurant either managed or leased as verified and supported by references, letters, and other necessary evidence from employers and/or public agencies. D. Proof of competency in the following areas: 1. Basic bookkeeping; posting, preparation of a trial balance, preparation of financial statements, control of cash and bank reconciliation statements. 2. Salesmanship: fundamentals of retail, wholesale, and service selling; merchandise and sales presentation; principles of self-management; sales demonstration. 3. Personnel management: the guidance and control of personnel; interviewing; training; job analysis; performance evaluation; supervisory problems with subordinate personnel. 4. Food Service Operation: Licenses, Safe Serve Certifications, etc. • The successful proposer will be responsible for payment for utilities at the Bath & Tennis Club, the Golf Club, and the Poolside Café. • The successful proposer will be responsible for fixing any repairs at the Bath & Tennis Club, the Golf Club, and the Poolside Café. • The Village will be responsible for outside landscaping at the Bath & Tennis Club, the Golf Club, and the Poolside Café. • The Village will be responsible for replacements at the Bath & Tennis Club, the Golf Club, and the Poolside Café. • The Village will be responsible for janitorial services for the Bath & Tennis Club, the Golf Club, and the Poolside Café. 3. Agreement The successful proposer agrees that upon acceptance of its proposal by the Village of Oak Brook this Request for Proposal, along with all instructions, conditions, and specifications attached thereto, constitute a binding lease agreement, which may be enforced by the Village. 4. Agreement Extension The lease agreement will be for Food Management Leasing Services at the Bath & Tennis Club, Golf Club, and Poolside Cafe for the 2022 calendar year. At the conclusion of 2022, the Village of Oak Brook reserves the right to award an annual lease agreement extension for each following years, not to exceed 4 years (2023, 2024, 2025, and 2026), to the successful proposer. Determination will be made annually solely by the Village of Oak Brook with the concurrence of the successful proposer. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 6 5. Questions about the RFP Questions and inquiries concerning this RFP may be directed to: Sean Creed Golf Course Superintendent/Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 screed@oak-brook.org C General Terms and Conditions 1. Preparation and Submission of Proposals: a) The proposal shall be submitted in an opaque sealed envelope on or before the time stated and shall bear the name of the individual, firm, or corporation submitting the Proposal and the Project Name: “Food Management Leasing Services at the Bath & Tennis Club, Golf Club, and Poolside Cafe”. b) Proposers may attach separate sheets to the proposal for the purpose of explanation, exception, alternate proposal and to cover unit prices, if needed. c) Proposers may withdraw their proposal either personally or by written request at any time before the hour set for the proposal opening, and may resubmit it. No proposal may be withdrawn or modified after the receipt of proposals except where the award of agreement has been delayed for a period of more than ninety (90) days. d) In submitting this proposal, the proposer further declares that the only person or party interested in the proposal as principals are those named herein, and that the proposal is made without collusion with any other person, firm or corporation. e) The proposer further understands and agrees that if their proposal is accepted, the individual/company is to furnish and provide all necessary materials and/or equipment and other means to do all of the work and to furnish all of the materials specified in the contract, except such materials as are to be furnished by the Village (Village), in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. f) The proposer further agrees to execute all documents within this Proposal Package, obtain a Certificate of Insurance for this work and present all of these documents to the Village within fifteen (15) days after the receipt of the Notice of Award and the Agreement by the company. g) The proposer further agrees to begin work not later than ten (10) days after receipt of the Notice to Proceed, unless otherwise provided, and to execute the work in such a manner and with sufficient materials, equipment and labor. h) By submitting a proposal, the proposer understands and agrees that, if the proposal is accepted, and the proposer fails to enter into an agreement forthwith, the company shall be liable to the Village for any damages the Village may thereby suffer. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 7 2. Conditions a) The Village is exempt from Federal excise tax and the Illinois Retailer's Occupation Tax. This proposal cannot include any amounts of money for these taxes. b) Any nor agreement resulting from the acceptance of this proposal by the Village shall be on forms either supplied by or approved by the Village's Legal Department. The Village reserves the right to reject any agreement that does not conform to the Request For Proposal and any Village requirements for agreements and contracts. c) The Village reserves the right to request clarification of information submitted and request additional information as needed. d) The requirements of this RFP shall be included in the agreement with the selected firm. 3. Payment The Village authorizes the payment of invoices on the second and fourth Tuesday of the month. For consideration on one of these dates, payment request must be received no later than fourteen (14) days prior to the second or fourth Tuesday of the month 4. Indemnification The Proposer shall protect, indemnify, save, defend and hold forever harmless the Village and/or its officers, officials, employees, volunteers and agents from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, officials, employees, volunteers and agents may incur, suffer or sustain, or for which the Village and/or its officers, employees and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of, this or any Agreement by virtue of any act or omission of any of the Proposer's officers, employees, subcontractors, and/or agents, provided that the Proposer shall not be liable for claims, obligations, damages, penalties, causes of action, costs and expenses arising solely from any act or omission of the Village's officers, officials, employees, volunteers and/or agents. The proposer shall hold the Village harmless for any and all claims for labor, material, apparatus, equipment, fixtures or machinery furnished to the proposer for the purpose of performing the work under the contract; and the payment of all direct and indirect damages to any person, firm, company or corporation suffered or sustained on account of the performance of such work during the time the agreement is in force. 5. Insurance Certificates of Insurance and Additional Insured Endorsement shall be presented to the Village within fifteen (15) days after the receipt by the proposer of the Notice of Award and the unexecuted contract, it being understood and agreed that the Village will not approve and execute the agreement or will the bid guarantee be returned until acceptable insurance certificates are received and approved by the Village. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 8 Each proposer performing any work pursuant to an agreement with the Village and each permittee working under a permit as required pursuant to the provisions of Title 1, Chapter 8 of the Code of Ordinances of the Village (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such proposer and permittee shall procure and maintain for the duration of the agreement or permit insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work under the agreement or permit, by either the proposer, permittee, or their agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: a) General Liability - $10,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, provided that when the estimated cost of the work in question does not exceed $5,000 the required limit shall be $500,000; b) Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; c) Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self- insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain, or be endorsed to contain, the following provisions: d) General Liability and Automobile Liability Coverage - I. The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials, employee’s volunteers or agents. II. The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. III. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. IV. The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 9 e) Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A: VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 6. Safety The proposer and any subcontractors shall comply with all the provisions of the Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended. 7. Equal Opportunity The Proposer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or handicap unrelated to bona fide occupational qualifications. 8. Execution of Documents The Proposer, in signing his Proposal on the whole or on any portion of the work, shall conform to the following requirements: Proposals signed by an individual other than the individual represented in the Proposal documents shall have attached thereto a power of attorney evidencing authority to sign the Proposal in the name of the person for whom it is signed. Proposals which are signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Proposal a power of attorney evidencing authority to sign the proposal, executed by the partners. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 10 Proposals which are signed for a corporation, shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name. If such Proposal is manually signed by an official other than the President of the Corporation, a certified copy of a resolution of the board of directors evidencing the authority of such official to sign the Proposal shall be attached to it. Such Proposal shall also bear the attesting signature of the Secretary of the corporation and the impression of the corporate seal. The Agreement shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee. 9. Non-Discriminating The Vendor, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 10. Negotiations The Village reserves the right to negotiate specifications, terms, and conditions which may be necessary or appropriate to the accomplishment of the purpose of the RFP. The Village may require the entire proposal be made an integral part of the resulting contract. This implies that all responses, supplemental information, and other submissions provided by the proposer during discussions or negotiations will be held by the Village as contractually binding on the successful proposer. 11. Incurred Costs The Village will not be liable in any way for any costs incurred by respondents in replying to this RFP. Proposer agrees to comply with all laws, ordinances, and rules of the Village and the State of Illinois. 12. Proposer Responsibilities The selected Proposer will be required to assume responsibility for all services offered in this proposal. The Village will consider the selected Proposer to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. 13. Prevailing Wage All wages paid by the Proposer and each subcontractor shall be in compliance with The Prevailing Wage Act (820 ILCS 130), as amended, except where a prevailing wage violates a federal law, order, or ruling, the rate conforming to the federal law, order, or ruling shall govern. If the Department of Labor revises the wage rates, the revised rate, as made available on the Department's official website, shall apply to this agreement and the Proposer will not be allowed additional compensation because of said revisions. The Proposer shall be responsible to notify each subcontractor of the wage rates set forth in this agreement and any revisions thereto. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 11 Proposer will comply with the Illinois prevailing wage law, as amended from time to time and made available on the Department of Labor’s official website. Not less than the prevailing rate of wages as found by the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work under the Contract. If the Department of Labor revises the prevailing rate of wages to be paid laborers, workers or mechanics under the Contract, the revised prevailing rate of wages shall apply to the Agreement and Proposer shall have the sole responsibility and duty to pay, and ensure that all Subcontractors pay, the revised prevailing rate of wages to each person to whom a revised rate is applicable. Revision of the prevailing wages shall not result in an increase in the Agreement or other cost to Village of Oak Brook. Proposer shall indemnify, defend and hold Village of Oak Brook harmless from any loss, including but not limited to Village of Oak Brook's attorney’s fees, resulting from Proposer's failure to comply with this prevailing wage clause. All bonds applicable to the Agreement shall include a provision as will guarantee the faithful performance of the obligation to pay the prevailing rate of wages. The Proposer and each subcontractor shall make and keep, for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the project; the records shall include each worker's name, address, telephone number when available, last four digits of their social security number, gender, race, ethnicity, veteran status, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, the starting and ending times of work each day, the worker’s hourly rate, the worker’s hourly overtime wage rate, the worker’s hourly fringe benefit rates, the name and address of each fringe benefit fund, the plan sponsor of each fringe benefit, if applicable, and the plan administrator of each fringe benefit. The Proposer and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the Department of Labor, or to the public body if the Department of Labor has yet to activate the database created by Section 5.1 of 820 ILK’S 130. The certified payroll shall consist of a complete copy of the records. The certified payroll shall be accompanied by a statement signed by the proposer or subcontractor which states that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required; and (iii) the proposer or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Upon 7 business days' notice, the proposer and each subcontractor shall make available for inspection and copying at a location within this State during reasonable hours, the records to the public body in charge of the project, its officers and agents, and to the Director of Labor and his deputies and agents. The Proposer and each subcontractor shall permit his/her employees to be interviewed on the job, during working hours, by compliance investigators of the Department or the Department of Labor. 14. Default The agreement may be canceled or annulled by the Village in whole or in part by written notice of default to the Proposer upon nonperformance or violation of agreement terms. An award may be made to another proposer with services similar to those so terminated. Failure of the Proposer to deliver services within the time stipulated on his offer, unless extended in writing by the Village, shall constitute agreement default. 15. Force Majeure A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 12 Unless otherwise agreed in the agreement between the parties expressly or impliedly, where a party to a agreement fails to perform one or more of its contractual duties, the consequences set out in this clause will follow if and to the extent that the party proves: (a) that its failure to perform was caused by an impediment beyond its reasonable control; (b) that it could not reasonably have been expected to have taken the occurrence of the impediment into account at the time of the signing of the contract; and (c) that it could not reasonably have avoided or overcome the effects of the impediment. A party invoking this clause shall be presumed to have established the conditions described in the preceding paragraph in the case of the occurrence including, but not limited to, one or more of the following impediments or other similar causes beyond the control of the proposer or the Village in the performance of the agreement where non- performance, by exercise of reasonable diligence, cannot be prevented: • acts of God or natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; • acts of war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization; • civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; • acts of public enemies , acts of terrorism, sabotage or piracy; • plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions ; • act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalization; • explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break -down of transport, telecommunication or electric current; • general labor disturbance such as but not limited to boycott, strike and lock -out, go- slow, occupation of factories and premises; • shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of the subject Party. The affected party shall provide the other party with written notice of any force majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the force majeure occurrence. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the force majeure condition continues beyond 30 days, the parties to the agreement shall jointly decide on Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 13 an appropriate course of action that will permit fulfillment of the parties’ objectives under the contract. Proposer shall not be entitled to an adjustment in agreement price or other non-price related items caused by or within the control of proposer. Delay, disruption, and interference attributable to and within the control of a subcontractor or supplier shall be deemed to be within the control of proposer. 16. Independent Contractor There is no employee/employer relationship between the Proposer and the Village. Proposer is an independent contractor and not the Village’s employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker’s Compensation Act (820 ILCS 305/1, et seq.). The VILLAGE will not (i) provide any form of insurance coverage, including but not limited to health, worker’s compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the monies paid to Proposer. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Proposer and the Village, and the Village is not and will not be liable for any obligations incurred by the Proposer, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the Village and the Proposer. 17. Governing Law The laws of the State of Illinois as to interpretation, performance and enforcement shall govern this Agreement. The forum for resolving any disputes concerning the parties’ respective performance or failure to perform under this Agreement shall be the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 14 Section 2. Proposal Instructions Five (5) copies of the proposal shall be submitted in a sealed envelope to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 and clearly marked on the outside of the envelope “Food Management Leasing Services at the Bath & Tennis Club, Golf Club, and Poolside Cafe” on or before Thursday, January 20, 2022 at 2:00 p.m. prevailing time. Any proposal received after this date and time will be rejected and returned unopened. A pre-submittal meeting and facility tour will be held at 10:00 am on Friday, January 14, 2022, beginning at the Bath and Tennis Club, 800 Oak Brook Road, Oak Brook Illinois, 60523. Attendance at this meeting is strongly recommended for firms interested in submitting a proposal in response to this request. This meeting is an opportunity to ask questions concerning the specifications. Lengthy, detailed proposals are not required. Proposals are intended to be an expression of interest in providing services for the project, as well as background information on the firm and on its professional qualifications. A. Documents/Information to be Submitted Proposal Form (Section C below), Detailed cost Spreadsheet and Narrative References (Section D below) Proposers Certification (Section E below) Sexual Harassment Policy (Section F below) Statement of Qualifications • Provide background information on your firm including, but not limited to, the age of the business, the number of employees, and pertinent financial data that will permit the Village to determine the capability of the proposer to meet all contractual requirements. • List the abilities, qualifications, and experience of the persons who would be assigned to the engagement and their experience on similar contracts. Project Approach • Terms and Conditions List any terms and conditions that may apply to this agreement and are not included in this RFP. • Additional Information and Comments Include any other information you believe to be pertinent but not specifically mentioned elsewhere. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 15 B. Proposal In compliance with this Request for Proposals, and subject to all conditions thereof, the undersigned offers and agrees, if this proposal is accepted, to furnish the services as outlined herein for the Village of Oak Brook at the amount indicated, subject to modification through negotiations. The time and material, not to exceed, cost proposed shall include all anticipated expenses. Food Management Leasing Services at the Bath & Tennis Club, Golf Club, and Poolside Cafe for 2022: Monthly Lease amount proposed to be paid to the Village of Oak Brook 2022: $ Plus: Annual percentage amount of gross revenue proposed to be paid to the Village of Oak Brook for 2022 : % Firm Name: Address: City, State, ZIP: Signature: Name Printed: Title: Telephone: Date: If a Corporation: ATTEST: ____________________________ Secretary Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 16 C. References Your Company Name: (Please Print) The Proposer shall list five (5) current references with needs similar to the Village of Oak Brook for whom Proposer has provided comparable services. Please include company name, address, telephone number, year(s) employed by referenced firms, contact person, and type of work you performed for that entity. 1. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 2. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 3. Company Name/Municipality: Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 17 Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 4. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 5. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 18 E. Proposers Certification The undersigned, being first duly sworn an oath, deposes and states that he has the authority to make this certification on behalf of the proposer for the construction, product, commodity, or service briefly described as follows: “Food Management Leasing Services at the Bath & Tennis Club, Golf Club, and Poolside Cafe” 1) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993, the proposer is not barred from bidding on this agreement as a result of a conviction for the violation of State of Illinois laws prohibiting bid-rigging or bid-rotating. 2) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1-1 of the Illinois Compiled Statutes, 1993, the proposer is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. 3) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the Illinois Compiled Statutes, 1993, the proposer has a written sexual harassment policy in place including the following information: a) An acknowledgment of the illegality of sexual harassment. b) The definition of sexual harassment under State law. c) A description of sexual harassment, utilizing examples. d) The Consultant’s internal complaint process including penalties. e) The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. f) Directions on how to contact the Department or the Commission. This business firm is: (check one) _____ Corporation _____ Partnership _____ Individual Firm Name: __________________________________________________ Address: ___________________________________________________ City, State, ZIP:____________________________________________ Signature:___________________________________________________ Name Printed:________________________________________________ Title:_______________________________________________________ Telephone:__________________________Date:____________________ Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 19 ATTEST: ___________________________ -SEAL- SUBSCRIBED AND SWORN TO before me this ______ day of _____________, 2022. _____________________________ Notary Public Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 20 D. Sexual Harassment Policy hereinafter referred to as “Proposer” having submitted a bid/proposal for to the Village of Oak Brook, DuPage/Cook Counties, Illinois, hereby certifies that said Proposer has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the following information: 1) An acknowledgment of the illegality of sexual harassment. 2) The definition of sexual harassment under State law. 3) A description of sexual harassment, utilizing examples. 4) The proposer’s internal complaint process including penalties. 5) The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6) Directions on how to contact the Department or the Commission. 7) An acknowledgment of protection of a complaint against retaliation as provided in Section 6- 101 of the Human Rights Act. Each proposer must provide a copy of such written policy to the Illinois Department of Human Rights upon request. By: Authorized Agent of Proposer Subscribed and sworn to before me this _____ day of ____________, 2022 ___________________________________ Notary Public Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 21 Section 3. Review Process A. Evaluation of Proposals and Selection The proposals received will be evaluated by the Village on the basis of professional qualifications, previous experience on similar projects, key personnel assigned to the project, satisfaction of previous clients on work performed for them, current billing rates of the firm, and the proposal that best meets the needs of the Village. This proposal is not intended to be detailed; it is intended to be an expression of interest in providing services for the project, as well as to provide background information on the firm and its professional qualifications. Firms will be contacted during the evaluation if further information is needed. The Village may choose to interview one or more firms before final selection is made. This Request for Proposal does not commit the Village to award a contract, to pay any costs incurred in the preparation of a proposal based on this request, or to procure or agreement for services. All proposals submitted in response to this Request for Proposal become the property of the Village. The Village reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with qualified consultants, or to cancel in part or in its entirety the Request for Proposal, if it is in the best interest of the Village to do so. The Village may require the consultant selected to participate in negotiations concerning agreement price or the nature and extent of services to be provided. The results of such negotiations shall be incorporated into the final agreement between the Village and its consultant. B. Basis of Award Village staff will perform an evaluation of the proposals received. Appropriate finalist(s) may be interviewed by the Village, after which a selection will be made. The Village reserves the right to reject any or all proposals and to waive any informality or technical error and to accept any proposal deemed most favorable to the interests of the Village. The Village will review proposals based on the following criteria: 1) Compliance with RFP. Adherence to all conditions and requirements of the RFP. 2) Understanding of the Project. The proposer’s understanding of the engagement, the Village’s objectives, and the nature and scope of the work involved. 3) Services to be Provided. The exact type and nature of the proposer’s proposed services and how they accomplish the objectives of the project. 4) Qualifications of the Proposer. The proposer’s capability in all respects to perform fully all agreement requirements, and the integrity and reliability which will assure good faith performance. This criterion includes: • The experience of the firm and its record on projects of a similar nature. • Personnel to be assigned to the project, their education, qualifications, and experience on similar projects. • The availability of necessary personnel and other resources to successfully complete the project specified herein on a timely basis. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 22 5) Costs. Proposed agreement price. 6) Ability, capacity and skill to fulfill the agreement as specified. 7) Ability to supply the commodities; provide the services or complete the construction promptly, or within the time specified, without delay or interference. 8) Character, integrity, reputation, judgment, experience and efficiency. 9) Quality of performance on previous contracts. 10) Previous and existing compliance with laws and ordinances relating to the contract. 11) Sufficiency of financial resources. 12) Quality, availability and adaptability of the commodities, services or construction, in relation to the Village’s requirements. 13) Ability to provide future maintenance and service under the contract. 14) Number and scope of conditions attached to the proposal. 15) Record of payments for taxes, licenses or other monies due the Village. 16) The Village of Oak Brook will select an organization with the experience, commitment, vision, financial ability, and technical competence necessary to operate the Food Lease Management Services for the Bath & Tennis Club, Golf Club, and Poolside Café. Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 23 ATTACHMENT A Pool Hours of Operation 2022 LAP POOL WADING POOL DIVING WELL BEACH EARLY SEASON May 28 – 30* 10:00 am – 7:00 pm 10:00 am – 6:00 pm 10:00 am – 7:00 pm 12:00 pm – 6:00 pm May 31 – June 3 4:00 pm – 8:00 pm 4:00 pm – 8:00 pm 4:00 pm – 8:00 pm 4:00 pm – 6:00 pm REGULAR SEASON June 4 – August 14 Mon – Fri 11:00 am – 8:00 pm 10:30 am – 6:00 pm 11:00 am – 8:00 pm 12:00 pm – 6:00 pm Sat – Sun 10:00 am – 8:00 pm 10:00 am – 6:00 pm 10:00 am – 8:00 pm 12:00 pm – 6:00 pm EXCEPTION July 3rd & 4th 10:00 am – 5:00 pm 10:00 am – 5:00 pm 10:00 am – 5:00 pm Closed LATE SEASON Aug 15 – Sept 4 Mon – Fri 4:00 pm – 8:00 pm 4:00 pm – 8:00 pm 4:00 pm – 8:00 pm 4:00 pm – 6:00 pm Sat – Sun 10:00 am – 7:00 pm 10:00 am – 6:00 pm 10:00 am – 7:00 pm 12:00 pm – 6:00 pm September 5** 10:00 am – 7:00 pm 10:00 am – 6:00 pm 10:00 am – 7:00 pm 12:00 pm – 6:00 pm LAP SWIM ALL SEASON Mon – Fri 6:00 am – 9:00 am *Memorial Day is May 30, 2022 **Labor Day is September 5, 2022 Food Lease Services BT Golf and Poolside Cafe2.docxi:\finance\shared\bids & rfps\2021\food lease services bt golf and poolside cafe2.docx 24 ATTACHMENT B Village Furniture and Equipment List at the Bath & Tennis Club, Golf Club & Poolside Café Bath & Tennis Club Office • 3 – desks, computers, phones, file cabinets, TV monitors Hospitality Suite/Bridal Suite • Couch, 2 chairs, small table with lamp • Cordless microphone Rental Equipment • Podium, Cordless microphone, Screen • 2 Easels • 60” round tables, 8’ tables, cocktail tables • White garden chairs • Green banquet folding chairs • Glasses, plates, silverware Kitchen • Refrigerator • 1-Stove Golf Club • 15 Tables • 60 Chairs • Full Bar • Various Kitchen Appliances, including, but not limited to, stoves, grill, refrigerators, freezers, fryers, pop dispensers • walk-in keg storage room in the basement • Patio furniture • Indoor office furniture and equipment Poolside Café • Flat top grill • Fryer • Freezer • Refrigerator • Slushy Machine