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HomeMy WebLinkAboutFood Lease Services BT Golf and Poolside Cafe Final 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 CLUBHOUSE, GOLF CLUBHOUSE, AND POOLSIDE CAFE October 2023 Food Lease Services BT Golf and Poolside Cafe Final 1 TABLE OF CONTENTS SECTION 1. REQUEST FOR PROPOSALS ............................................................................................... 2 A. NOTICE – POSTED IN THE DAILY HERALD AND ON THE VILLAGE WEBSITE WEDNESDAY OCTOBER 11, 2023 B. PROJECT DESCRIPTION ...................................................................................................................... 3 C GENERAL TERMS AND CONDITIONS ..................................................................................................... 6 SECTION 2. PROPOSAL INSTRUCTIONS ............................................................................................... 13 A. DOCUMENTS/INFORMATION TO BE SUBMITTED ................................................................................... 13 B. PROPOSAL ....................................................................................................................................... 14 C. REFERENCES ................................................................................................................................... 16 D. PROPOSERS CERTIFICATION ............................................................................................................. 18 SECTION 3. REVIEW PROCESS ............................................................................................................. 20 A. EVALUATION OF PROPOSALS AND SELECTION .................................................................................... 20 B. BASIS OF AWARD ............................................................................................................................. 20 Food Lease Services BT Golf and Poolside Cafe Final 2 Section 1. Request for Proposals A.Notice – posted in the Daily Herald and on the Village Website Wednesday October 11, 2023 Village of Oak Brook Request for Proposals Food Management Leasing Services at the Bath & Tennis Clubhouse, Golf Clubhouse, and Poolside Café October 2023 The Village of Oak Brook is soliciting proposals for Food Management Leasing Services at the Bath & Tennis Clubhouse, Golf Clubhouse, and Poolside Café Proposals shall be addressed to: Rania Serences Purchasing & Budgeting Coordinator Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 The closing date and time for receipt of proposals is Thursday, November 2, 2023, 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, October 20, 2023, beginning at the Bath and Tennis Clubhouse, 800 Oak Brook Road, Oak Brook Illinois, 60523. Attendance at this meeting is strongly recommended but not required for firms interested in submitting a proposal in response to this request for proposals. 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 Cafe Final 3 B. Project Description 1. Introduction A. The Village of Oak Brook is seeking proposals from qualified firms for the management of all aspects of food services at the Bath & Tennis Clubhouse, the Golf Clubhouse, and the Poolside Café. Ideally, the Village is looking for one (1) firm to manage all three (3) locations, but will consider splitting the locations as follows: • One (1) vendor for the Golf Clubhouse and Poolside Café, and a second vendor for the Bath & Tennis Clubhouse. This is the only situation that will be accepted by the Village. B. The Bath & Tennis Clubhouse, located at 800 Oak Brook Road, in Oak Brook consists of the Oak Brook Room (primary banquet room), the Saddle Clubhouse II Room (can be used separately or in conjunction with the Oak Brook Room) the 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 Clubhouse 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 Clubhouse is open year-round for service. C. 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. D. The Oak Brook Golf Clubhouse is located at 2606 York Road, in Oak Brook, and is an 18-hole Golf Course that is generally open for business (weather pending) April 1st – December 1st each year but can be run as a 12-month operation. The Clubhouse 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 beers and an on-course food and beverage cart. The lounge hours are 6:00 am – 10:00 pm. E. Village owned furniture and Equipment at the Bath & Tennis Clubhouse, Golf Clubhouse, and Poolside Café are included in Attachment B. F. The Village is a non-home rule municipality with a population of 8,163. 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 A. 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: Food Lease Services BT Golf and Poolside Cafe Final 4 B. The Lessee must obtain and maintain all necessary permits, certificates, and licenses. C. 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. D. 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. E. The Lessee covenants to fully stock and adequately staff the Bath & Tennis Clubhouse, Golf Clubhouse, 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. F. 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. G. The Lessee covenants not to discriminate with respect to employment, hiring, membership and use and enjoyment of the Bath & Tennis Clubhouse, Golf Clubhouse, 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. H. 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. I. To qualify for consideration in the award of the lease or management agreement for the subject facility, a responding firm or firm’s proposed staff member(s) must: 1. 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. Food Lease Services BT Golf and Poolside Cafe Final 5 2. Demonstrate the necessary line of credit or financial resources required to equip and operate the restaurant during the agreement period. 3. 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. 4. Proof of competency in the following areas: a. Basic bookkeeping; posting, preparation of a trial balance, preparation of financial statements, control of cash and bank reconciliation statements. b. Salesmanship: fundamentals of retail, wholesale, and service selling; merchandise and sales presentation; principles of self-management; sales demonstration. c. Personnel management: the guidance and control of personnel; interviewing; training; job analysis; performance evaluation; supervisory problems with subordinate personnel. d. Food Service Operation: Licenses, Safe Serve Certifications, etc. J. The successful proposer will be responsible for maintaining all kitchens, equipment, interior maintenance and repairs, and janitorial services for each operation. K. The successful proposer will establish a local point of sale for all three (3) operations, ensuring all taxes are collected within the Village. L. The Village will be responsible for the payment of all utilities and garbage disposal at the Bath & Tennis Clubhouse, the Golf Clubhouse, and the Poolside Café. M. The Village will be responsible for all exterior maintenance, repair, and landscaping at the Bath & Tennis Clubhouse, the Golf Clubhouse, and the Poolside Café to include the roof, windows, doors, and foundation. 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 Clubhouse, Golf Clubhouse, and Poolside Cafe beginning January 1, 2024. At the conclusion of 2024, the Village of Oak Brook reserves the right to award an annual lease agreement extension for each following year, not to exceed 4 years (2025, 2026, 2027, and 2028), 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 Cafe Final 6 5. No Automatic Renewal Notwithstanding anything to the contrary contained in this Agreement: (a) in no event shall the term of this Agreement be longer than the initial term expressly stated in this Agreement; (b) any automatic renewal or extension (whether or not conditioned upon any notice or absence thereof from either Party) or any similar “evergreen” provision shall be deemed null and void ab initio; and (c) the term of this Agreement shall not be extended or renewed except by written agreement duly authorized, executed and delivered by the Parties hereto. In the event of any inconsistency within this Agreement relating to the duration of the initial term hereof, the shorter initial term shall govern. If no initial term is stated in this Agreement, then the term shall be one year from the date on which the term commences. 6. Questions about the RFP Questions and inquiries concerning this RFP may be directed to: Joseph P. Mitchell Assistant Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 jmitchell@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 Clubhouse, Golf Clubhouse, 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/or services and other means to do all of the work and to furnish all of the materials specified in the agreement, 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. Food Lease Services BT Golf and Poolside Cafe Final 7 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. By submitting a proposal, the proposer understands and agrees that, if the proposal is accepted, and the proposer fails to enter into agreement forthwith, the company shall be liable to the Village for any damages the Village may thereby suffer. 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 Attorney. The Village reserves the right to reject any lease 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. Indemnification A. 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. B. 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 agreement; 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. Food Lease Services BT Golf and Poolside Cafe Final 8 4. Insurance A. 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 agreement, it being understood and agreed that the Village will not approve and execute the lease agreement until acceptable insurance certificates are received and approved by the Village. B. 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. C. A contractor or permittee shall maintain insurance with limits no less than: 1. General Liability - $1,000,000 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 and general aggregate of $2,000,000; 2. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; 3. 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. D. 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. E. The policies shall contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage - a. 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. b. 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. Food Lease Services BT Golf and Poolside Cafe Final 9 c. 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. d. 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. 2. Worker's Compensation and Employer's Liability Coverage a. 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. b. 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. c. Each Insured shall furnish the Village with certificates of insurance and with original endorsements affecting 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. d. 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. 5. 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. 6. 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. 7. Execution of Documents A. The Proposer, in signing his Proposal on the whole or on any portion of the work, shall conform to the following requirements: B. 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. Food Lease Services BT Golf and Poolside Cafe Final 10 C. 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. D. 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. E. 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. F. The Agreement shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee. 8. 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. 9. 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 agreement. 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. 10. 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. 11. 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 lease agreement. 12. 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 Food Lease Services BT Golf and Poolside Cafe Final 11 of the Proposer to deliver services within the time stipulated on his offer, unless extended in writing by the Village, shall constitute agreement default. 13. Force Majeure A. 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. 1. Unless otherwise agreed in the agreement between the parties expressly or impliedly, where a party to an 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. 2. 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: a. 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; b. 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; c. civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; d. acts of public enemies, acts of terrorism, sabotage or piracy; e. plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; f. 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; g. explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break-down of transport, telecommunication, or electric current; h. general labor disturbance such as but not limited to boycott, strike and lock- out, go-slow, occupation of factories and premises; Food Lease Services BT Golf and Poolside Cafe Final 12 i. shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of the subject Party. 1. 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 an appropriate course of action that will permit fulfillment of the parties’ objectives under the contract. 2. 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 the proposer. 14. 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. 15. 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 Cafe Final 13 Section 2. Proposal Instructions Five (5) copies of the proposal shall be submitted in a sealed envelope to: Rania Serences Purchasing & Budgeting Coordinator 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 Clubhouse, Golf Clubhouse, and Poolside Cafe” on or before Thursday, November 2, 2023, 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, October 20, 2023, beginning at the Bath and Tennis Clubhouse, 800 Oak Brook Road, Oak Brook Illinois, 60523. Attendance at this meeting is strongly encouraged and recommended but not required 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 B below), Cost Narrative References (Section C below) Proposers Certification (Section D below) Sexual Harassment Policy (Section E 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. Food Lease Services BT Golf and Poolside Cafe Final 14 Additional Information and Comments • Include any other information you believe to be pertinent but not specifically mentioned elsewhere. 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. Menu Options The vendor will provide a general menu of proposed prepared food and liquor items to be sold at the Poolside Café and Golf Clubhouse. Food Management Leasing Services at the Bath & Tennis Clubhouse, Golf Clubhouse, and Poolside Café: Monthly Lease Amount Extended Annual Amount Annual Percentage of Gross Revenue to be Paid to the Village 2024 $ $ % 2025 $ $ % 2026 $ $ % 2027 $ $ % 2028 $ $ % The vendor will also provide, based on experience and their business model, forecasted annual food and beverage gross sales of the Bath and Tennis Clubhouse, Golf Clubhouse and Poolside Café for the next five (5) years if awarded a contract under this proposal: Golf Clubhouse Bath and Tennis Clubhouse Poolside Café 2024 $ $ $ 2025 $ $ $ 2026 $ $ $ 2027 $ $ $ 2028 $ $ $ Please see Attachment C for a thorough analysis of historical financial data on gross sales at the Bath and Tennis Clubhouse, Golf Clubhouse and Poolside Café. The Village of Oak Brook reserves the right to award an annual lease agreement extension for each following year, not to exceed 4 years (2025, 2026, 2027, and 2028), to the successful proposer based on the prices listed above. All other terms and conditions of the agreement will remain the same. 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 Cafe Final 15 Firm Name: Address: City, State, ZIP: Signature: Name Printed: Title: Telephone: Date: If a Corporation: ATTEST: ____________________________ Secretary Food Lease Services BT Golf and Poolside Cafe Final 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 Cafe Final 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 Cafe Final 18 D. 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 Clubhouse, Golf Clubhouse, 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:______/______/2023_______ ATTEST: ___________________________ -SEAL- SUBSCRIBED AND SWORN TO before me this ______ day of _____________, 2023. _____________________________ Notary Public Food Lease Services BT Golf and Poolside Cafe Final 19 E. 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 ____________, 2023 ___________________________________ Notary Public Food Lease Services BT Golf and Poolside Cafe Final 20 Section 3. Review Process A. Evaluation of Proposals and Selection 1. 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. 2. This Request for Proposal does not commit the Village to award an agreement, 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 1. 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. 2. 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: a. Compliance with RFP. Adherence to all conditions and requirements of the RFP. b. Understanding of the Services. The proposer’s understanding of the engagement, the Village’s objectives, and the nature and scope of the work and services involved. c. Services to be Provided. The exact type and nature of the proposer’s proposed services and how they accomplish the objectives of the project. Creativity in service type and delivery is strongly encouraged. d. 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 and services of a similar nature. • Personnel to be assigned to the project, their education, qualifications, and experience on similar projects and services. Food Lease Services BT Golf and Poolside Cafe Final 21 • The availability of necessary personnel and other resources to successfully provide the services specified herein. e. Costs. Proposed agreement price. f. Ability, capacity and skill to fulfill the agreement as specified. g. Ability to supply the commodities; provide the services or complete the construction promptly, or within the time specified, without delay or interference. h. Character, integrity, reputation, judgment, experience, and efficiency. i. Quality of performance on previous contracts. j. Previous and existing compliance with laws and ordinances relating to the contract. k. Sufficiency of financial resources. l. Quality, availability and adaptability of the commodities, services, or construction, in relation to the Village’s requirements. m. Ability to provide future maintenance and service under the agreement. n. Number and scope of conditions attached to the proposal. o. Record of payments for taxes, licenses, or other monies due to the Village. p. 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 Clubhouse, Golf Clubhouse, and Poolside Café. Food Lease Services BT Golf and Poolside Cafe Final 22 ATTACHMENT A Pool Hours of Operation 2024 LAP POOL WADING POOL DIVING WELL BEACH EARLY SEASON May 25– 27th* 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 28– May 31st 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 1st – August 9th 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 19th– Sept 2nd 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 2nd** 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 27, 2024 **Labor Day is September 2, 2024 Food Lease Services BT Golf and Poolside Cafe Final 23 ATTACHMENT B Village Furniture and Equipment List at the Bath & Tennis Clubhouse, Golf Clubhouse & Poolside Café Bath & Tennis Clubhouse Office • Three (3) – desks, computers, phones, file cabinets, TV monitors Hospitality Suite/Bridal Suite • Couch, Two (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 • One (1) -Stove Golf Clubhouse • Fifteen (15) Tables • Sixty (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 Food Lease Services BT Golf and Poolside Cafe Final 24 ATTACHMENT C Historical Financial Information for Bath and Tennis Clubhouse, Pool Side Café and the Golf Clubhouse Bath and Tennis Clubhouse ACCT DESCRIPTION Through 8/31/23 2022 Year End 2021 Year End 2020 Year End 2019 Year End GRANTS 0.00 0.00 0.00 0.00 0.00 RENTAL INCOME -60,524.06 -353,540.70 -216,917.18 -18,484.63 -347,050.06 MISCELLANEOUS 0.00 0.00 19,805.20 -1,917.50 4,061.16 CLEANING SUPPLIES 0.00 0.00 0.00 0.00 0.00 GENERAL OFFICE SUPPLIES 0.00 203.91 431.44 100.80 1,006.05 KITCHEN SUPPLIES 0.00 698.52 1,568.90 1,173.28 1,541.22 PAPER PRODUCTS 0.00 0.00 0.00 0.00 0.00 FLOWERS 0.00 0.00 0.00 0.00 0.00 BUILDING MAINT. SUPPLIES 5,181.39 16,972.34 3,847.68 471.03 15,230.79 COMPUTER SUPPLIES 0.00 0.00 0.00 0.00 0.00 FOOD COST 0.00 0.00 0.00 0.00 0.00 BEVERAGE/LIQUOR COST 0.00 0.00 0.00 0.00 0.00 GENERAL EQUIPMENT 1,981.40 5,306.92 6,376.05 4,999.50 13,848.81 TELECOM SERVICES 0.00 0.00 0.00 60.05 0.00 LAUNDRY & CLEANING 5,510.00 16,250.00 10,065.00 5,860.00 16,832.43 LINEN RENTAL 0.00 0.00 0.00 0.00 0.00 MAINT.-OFFICE EQUIPMENT 0.00 0.00 0.00 0.00 0.00 MAINTENANCE BUILDINGS 23,269.56 9,801.59 13,872.57 10,635.99 103,574.97 MAINT. OTHER EQUIPMENT 1,371.67 15,105.55 8,182.76 2,682.26 3,005.23 MAINTENANCE COMPUTERS 0.00 1,983.00 2,266.20 2,200.00 0.00 RENTALS 0.00 0.00 0.00 980.00 3,795.00 UNIFORM RENTAL 0.00 0.00 0.00 0.00 0.00 ADVERTISING 0.00 10,388.50 16,706.58 18,455.57 18,155.41 PRINTING SERVICES 0.00 251.00 297.66 122.00 1,246.16 LICENSES & FEES 625.00 578.00 274.00 540.00 1,411.25 GARBAGE DISPOSAL 0.00 0.00 0.00 0.00 0.00 MAINT. SERVICES-GROUNDS 4,050.00 5,462.00 5,245.00 6,240.00 9,908.13 RECEPTION/ENTERTAINMENT 0.00 0.00 0.00 0.00 0.00 OTHER SERVICES 997.66 1,273.62 0.00 400.00 8,041.75 OVERHEAD CHARGE 0.00 32,738.57 24,920.87 84,465.86 103,602.03 -17,537.38 -236,527.18 -103,057.27 118,984.21 -41,789.67 Food Lease Services BT Golf and Poolside Cafe Final 25 Poolside Café ACCT DESCRIPTION Through 8/31/23 2022 Year End 2021 Year End 2020 Year End 2019 Year End FOOD SALES POOLSIDE -53,070.59 -44,286.59 0.00 0.00 -35,374.74 BEVERAGE SALES POOLSIDE -18,909.36 -17,711.90 0.00 0.00 -19,534.08 CLEANING SUPPLIES 193.09 78.65 0.00 0.00 340.05 KITCHEN SUPPLIES 148.14 948.28 828.11 0.00 1,688.49 PAPER PRODUCTS -464.61 982.54 0.00 0.00 416.73 BUILDING MAINT. SUPPLIES 771.62 154.90 880.72 0.00 346.02 FOOD COST 5,698.36 24,930.73 0.00 0.00 17,157.26 BEVERAGE/LIQUOR COST 1,235.58 5,472.70 0.00 0.00 6,314.03 CANDY/CIGARETTE COST 40.27 197.94 0.00 0.00 452.01 GENERAL EQUIPMENT 2,215.66 274.30 0.00 0.00 4,133.99 MISCELLANEOUS 0.00 0.00 0.00 0.00 0.00 MAINT. OTHER EQUIPMENT 3,854.35 8,065.70 0.00 0.00 24.50 RENTALS 0.00 0.00 100.00 0.00 0.00 LICENSES & FEES 279.00 258.00 122.50 0.00 0.00 OTHER SERVICES 0.00 0.00 0.00 0.00 0.00 STRUCTURAL IMPROVEMENTS 0.00 0.00 0.00 0.00 0.00 OVERHEAD CHARGE 0.00 2,619.08 2,058.29 6,757.27 8,288.17 -58,008.49 -18,015.67 3,989.62 6,757.27 -15,747.57 Food Lease Services BT Golf and Poolside Cafe Final 26 Golf Clubhouse ACCT DESCRIPTION Through 8/31/23 2022 Year End 2021 Year End 2020 Year End 2019 Year End CANDY/CIGARETTE SALES -15,030.54 -17,028.24 -17,297.93 -13,658.46 -14,808.21 FOOD SALES-GOLF -216,095.38 -273,056.64 -263,083.96 -150,835.93 -133,367.14 BEVERAGE SALES-GOLF -386,082.00 -484,387.74 -496,244.18 -362,129.07 -252,501.47 CLEANING SUPPLIES 3,553.23 5,524.37 4,947.28 2,407.98 3,331.99 GENERAL OFFICE SUPPLIES 0.00 0.00 0.00 0.00 0.00 KITCHEN SUPPLIES 10,759.88 12,998.82 9,860.69 7,117.28 4,466.81 PAPER PRODUCTS 4,806.30 10,232.39 9,674.92 6,544.83 7,278.33 FOOD COST 88,720.25 111,719.60 111,265.12 90,187.71 66,062.09 BEVERAGE/LIQUOR COST 118,978.25 131,276.44 130,256.49 97,231.28 73,589.49 CANDY/CIGARETTE COST 10,400.06 13,474.86 12,904.12 11,734.60 11,161.50 GENERAL EQUIPMENT 1,630.52 0.00 6,873.42 915.37 3,342.77 LINEN RENTAL 0.00 0.00 0.00 0.00 307.83 MAINT. OTHER EQUIPMENT 1,032.67 3,459.42 1,886.76 1,889.45 3,584.90 RENTALS 0.00 0.00 817.31 95.00 1,045.00 UNIFORM RENTAL 0.00 0.00 0.00 102.94 794.82 LICENSES & FEES 0.00 258.00 122.50 544.50 238.00 OTHER SERVICES 4,556.50 3,770.00 3,110.50 3,246.00 3,680.00 -372,770.26 -481,758.72 -484,906.96 -304,606.52 -221,793.29