REQUEST FOR PROPOSALS

OPPORTUNITY TO LEASE AND OPERATE THE WATERFRONT PARK CONCESSION STAND/SNACK BAR

COUNTY OF SAN DIEGO

REAL ESTATE SERVICES DIVISION 5560 Overland Avenue Suite 410 San Diego, California 92123 858-694-2291 www.sdcre.com

ISSUED: August 24, 2017

PROPOSALS DUE: September 18, 2017

REQUEST FOR PROPOSALS CONSESSION STAND/SNACK BAR LEASE

COUNTY ADMINISTRATION CENTER WATERFRONT PARK

I. BACKGROUND

A. PROJECT DESCRIPTION

The County of San Diego (“County”) is seeking proposals for the lease and operation of a concession stand/snack bar (“Concession Stand”) in the County’s Waterfront Park located at the County Administration Center (“CAC”) at 1600 Pacific Highway, San Diego, California. The purpose of this Request for Proposals (“RFP”) is to provide operators with an opportunity to prepare and submit a proposal to develop and operate the Concession Stand under a lease agreement. The Concession Stand operator will have the opportunity to serve tourists and county residents visiting Waterfront Park, as well as County staff and members of the public conducting business at the CAC. A map showing the location of the Concession Stand is attached to this RFP as ATTACHMENT “A” LOCATION MAP and a floor plan is attached to this RFP as ATTACHMENT “B” FLOOR PLAN.

The Concession Stand is located in Waterfront Park southeast of the southern entrance to the CAC. The area available for lease is approximately 229 square feet in size, which consists of a 135 square foot serving area and a 94 square foot storage area. The space includes electricity, water, countertops, shelf space and a sink. The Concession Stand does not have a grease trap. The County may elect to install a grease trap to serve the Concession Stand. If a grease trap is not installed in the Concession Stand, the menu options may be limited to serving items that do not require a grease trap. Any additional improvements proposed by the successful respondent are subject to County approval, which approval may be withheld at the County’s sole discretion. Any improvements to the Concession Stand approved by the County shall be constructed in accordance with all applicable laws, regulations and ordinances and be subject to obtaining the required food and building permits. All menu items and pre-packaged food items served from the Concession Stand are subject to the provisions of Department of Parks and Recreation Policy C-37 Vending and Concessions Nutritional Standards in Parks and Recreation Facilities, which is attached to this RFP as ATTACHMENT “C” VENDING AND CONCESSIONS NUTRITIONAL STANDARDS IN PARKS

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AND RECREATION FACILITIES (“DPR Nutritional Standards”). In addition, the proposer’s shall use commercially reasonable efforts to implement the County’s Eat Well Practices “Healthy Choice’ food standards as they apply to the Concession Stand. The practices (Section II. Guidance for Cafeterias/Cafes) are attached to this RFP as ATTACHMENT “D” EAT WELL PRACTICES.

B. COUNTY GOALS FOR FACILITY

The goals of the County in issuing this RFP include the following: • To ensure a quality food service program with reasonable prices at this

high profile County facility.

• To encourage the public’s use and enjoyment of Waterfront Park.

• To offer the best quality customer service to people visiting Waterfront Park.

C. PRE-PROPOSAL MEETING

To obtain more detailed information regarding this opportunity, interested parties are encouraged to meet with County staff at the site on Friday, September 1, 2017 at 2:00 p.m. for a tour of the facility.

D. DELIVERY OF PROPOSALS

Responses to this RFP are due no later than 5:00 p.m. on Monday, September 18, 2017. Please deliver five copies of your proposal to:

County of San Diego Real Estate Services Division Attention: Manny Gaviola, Senior Real Property Agent 5560 Overland Avenue Suite 410 San Diego, California 92123-1294

E. PROPOSED SCHEDULE

Issue RFP August 24, 2017 Pre-proposal tour of Concession Stand September 1, 2017 Deadline for submitting questions or requests for clarifications September 11, 2017 Proposals due to Real Estate Services September 18, 2017

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Completion of proposal evaluations and proposer selected September 22, 2017 Lease negotiations completed September 27, 2017 Estimated lease commencement date October 1, 2017

II. SPECIAL TERMS AND CONDITIONS

A. OPERATIONS

The selected proposer must have a wide range of experience in the operation of this type of food service facility. Proposers should be prepared to provide the County with appropriate references and the addresses of past and present food service facilities operated by the proposer.

B. MAINTENANCE

The County will provide major maintenance to the leased premises at its sole discretion. The selected proposer shall be expected to keep all interior areas of the Concession Stand clean, sanitary and free from refuse and debris at all times in compliance with health department food service standards.

C. MAINTENANCE - FIXTURES AND EQUIPMENT

The selected proposer will be responsible for maintaining the fixtures in the Concession Stand. The selected proposer shall be responsible for providing and maintaining any small wares and equipment required by its operation.

D. FINANCIAL OBJECTIVES

The County’s objective is to select an operator with the financial capability to operate the Concession Stand with no County subsidy, other than utilities and maintenance provided by the County as described in this RFP. The selected proposer must have the demonstrated ability to operate a concession service program in a major governmental or private sector facility and must have the financial capacity to ensure uninterrupted service delivery to the public and the County employees who patronize the facility.

E. DPR NUTRITIONAL STANDARDS AND EAT WELL PRACTICES

Each proposal shall include a list of food options that comply with the DPR Nutritional Standards attached as Attachment “C”. Where applicable and

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commercially reasonable, each proposal shall include a list of food options that implement the Eat Well Practices attached as Attachment “D”.

F. POLYSTYRENE FOAM MATERIALS

The selected proposer shall not use polystyrene foam packaging materials for “to go” or prepackaged food items. Packaging used shall conform to the City of San Diego recycling requirements and must be compostable or recyclable food service ware. Compostable products include coated and uncoated paper or other natural fiber products as well as plant-based plastic like products that are clearly labeled as “compostable”. Recyclable products include aluminum foil and plastic tabs and lids marked recyclable.

G. RECYCLING AND WASTE REDUCTION

The selected proposer shall be responsible for complying with all laws and regulations regarding recycling and waste reduction as they relate to the Concession Stand. This includes, but is not limited to, the following:

• Ensuring that recyclable items are placed in recycling bins and are

transferred to recycling dumpsters

• Flattening cardboard items prior to placing the items into recycling dumpsters

• Collecting and bundling plastic film (shrink wrap) inside closed, clear

plastic bags and placing the bundle in recycling dumpsters

• Collecting fats, oils and grease separately and delivering to or contracting with an organization to recycle this material

• For employee use within the Concession Stand, placing recycling bins

next to trash bins with signage denoting acceptable recyclables that can be separated from trash

• Diverting food waste from landfills by placing it in available food waste

dumpsters at the CAC and Waterfront Park

In addition, where applicable and economically feasible, the selected proposer is encouraged to:

• Inquire with its suppliers to determine if there are options to use

returnable shipping containers

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• Inquire with its suppliers about the availability of recycled products for purchase including serving ware, napkins and other products

• Create a plan for tracking and managing food waste, including

methods to reduce food waste and identifying opportunities for food donation

III. GENERAL TERMS AND CONDITIONS

A. LEASE TERM

The term of the lease will be five years. The selected proposer may request a five-year extension of the term of the lease. Approval of the extension of the term is at the County’s sole discretion.

B. HOURS OF OPERATION

Provide minimum hours and days of operation. The suggested minimum hours of operation for the Concession Stand are from 10:00 a.m. to 5:00 p.m. with expanded hours of operation depending on the season.

C. INSURANCE

The selected proposer shall provide insurance for the concession operation as described in Exhibit “B” INSURANCE REQUIREMENTS in the form of lease attached to this RFP as ATTACHMENT “H” FORM OF LEASE.

D. UTILITIES

The County will be responsible for the cost of water and electricity serving the leased space. The County is committed to energy conservation, and selected proposer shall be expected to cooperate with reasonable energy conservation practices.

E. SUBLEASING

The selected proposer shall not enter into any subleases without prior written approval from the County.

F. CATERING

The selected proposer may use the Concession Stand for catering County of San Diego functions at Waterfront Park and CAC, subject to prior County approval.

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IV. MINIMUM PERFORMANCE STANDARDS

The minimum performance standards are as follows:

A. Customer Service - The selected proposer shall make efforts to meet the following minimum performance standards:

• Provide an appetizing and diverse menu

• Maintain clean and sanitary equipment and serving areas

• Provide cordial service

• Provide fair and reasonable prices

B. DPR Nutritional Standards - The selected proposed shall comply with the

DPR Nutritional Standards. C. Eat Well Practices - As applicable to the Concession Stand, the selected

proposer shall make commercially reasonable efforts to comply with the following:

• The County’s Eat Well Practices

• Support tracking and monitoring food and beverage practices to assure

the highest level of quality and performance in the food industry

• Participate on the County’s Food Services Advisory Committee, facilitated by staff from Public Health Services of the Health and Human Services Agency, on a quarterly basis or as determined by the County. The purpose of the committee is to promote peer-to-peer networking and collaboration between all County food service operations voluntarily implementing the Eat Well Practices.

V. PROPOSAL EVALUATION AND SELECTION

Proposals shall include a completed Proposal Questionnaire form, Contract Conflict Certification form and a Representations and Certifications form. The Proposal Questionnaire form is attached as ATTACHMENT “E” PROPOSAL QUESTIONNAIRE, the Conflict of Interest Declarations form is attached as ATTACHMENT “F” CONTRACT CONFLICT CERTIFICATION, the Representations and Certifications form attached as ATTACHMENT “G”

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REPRESENTATIONS AND CERTIFICATIONS. The forms shall include a narrative that addresses the criteria outlined below.

The County’s Director, Department of General Services, or designee(s), will evaluate each proposal to determine whether the proposal meets the minimum requirements outlined in this RFP. Proposals that meet the minimum requirements will then be evaluated by a selection committee designated by the County’s Director, Department of General Services.

The selection committee will use the following criteria in evaluating the proposals:

A. RENT (20 points)

• The amount of rent the proposer proposes to pay the County to lease

the Property.

B. FINANCIAL (20 points)

• The proposer’s demonstrated ability to pay rent in accordance with a lease agreement.

• The proposer’s experience in bookkeeping and auditing financial data

related to concession stand operations.

• The approximate investment the proposer will make in kitchen small wares and other equipment.

C. EXPERIENCE (20 points)

• The proposer’s demonstrated experience in operating concession facilities. The proposer must have a minimum of five years of experience in food service operation.

• The proposer’s experience in managing concession stands located in

government and/or and private sector properties of similar size and visibility.

• A current example of a facility operated by the proposer, if any, which

may be visited by the selection committee.

• The proposer’s customer service experience.

• The proposer’s food service marketing experience.

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• The proposer’s experience in providing food service area cleaning services required for daily maintenance to maintain compliance with health department food service standards.

D. OPERATION PLAN (40 points)

The feasibility of proposer’s plan, including all of the following:

• Operating plan for the concession facility

• The installation of equipment, personal property, and fixtures needed

to support the concession operation

• An outline, schedule and plan to acquire development permits, if required

• A list of food and drink items to be provided that do would not require

the installation of a grease trap. The list shall include prices and whether the items will meet the guidelines outlined in the DPR Nutritional Standards and implement the Eat Well Practices “Healthy Choice’ food standards.

• A list of food and drink items that would be provided if a grease trap

were installed. The list shall include prices and whether the items will meet the guidelines outlined in the DPR Nutritional Standards and implement the Eat Well Practices “HealthyChoice’ food standards.

• A marketing plan with innovative approaches to concession stand

operations that will be implemented by the proposer to attract increased customers.

• The ability of the proposer to provide food for special events at

Waterfront Park.

• The ability of the proposer to comply with the County Recycling and Food Waste Composting Program.

VI. NEGOTIATIONS AND SELECTION

After the County’s evaluation and ranking of proposers, the County will commence negotiation of a lease with the highest-ranked proposer. If the County and the highest-ranked proposer cannot reach agreement on a lease, the County may, at its sole discretion, terminate negotiations and begin negotiations with the next highest ranked proposer. The County may continue in this fashion

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until it successfully negotiates a lease. Respondents will be notified of the decision of the County’s selection committee.

VII. PROPRIETARY INFORMATION

All response documents become the property of the County and subject to the Public Records Act requirements set forth in California Government Code Section 6250, and following.

VIII. DISCLOSURES AND ADDITIONAL INFORMATION - COUNTY’S RIGHTS

PERTINENT TO THIS SOLICITATION

A. APPROVAL

The provisions outlined in this RFP do not constitute a binding agreement. A binding agreement will not be created until/unless the lease agreement contemplated by this RFP is fully executed by the selected proposer and the County. The County is not bound by the terms of any lease until it has been fully executed by the County. A copy of the form of lease is attached as ATTACHMENT “H” FORM OF LEASE.

B. COUNTY COMMITMENT

1. County shall have the right to reject or accept any or all proposals, or

any part of a proposal, for any reason at its sole discretion. Incomplete proposals or proposals with incorrect information may be cause for disqualification in the County’s sole discretion.

2. This RFP does not commit the County to award. This RFP does not

commit the County to pay any cost incurred in the submission of the proposal or in making necessary studies or designs for the preparation of the proposal. No reimbursable cost may be incurred in anticipation of the approval of the lease agreement contemplated by this RFP.

3. No prior, current, or post award communication with any elected

official, officer, agent, or employee of the County shall affect or modify any terms or obligations of this RFP except as explicitly provided for in this RFP.

C. LATE, MODIFIED OR WITHDRAWN PROPOSAL

1. Any proposal received after the exact time specified for receipt will not

be considered unless it is determined by the County that the late

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receipt was due solely to mishandling by the County after receipt by the County.

2. Proposals may not be modified after the due date, except a

modification resulting from the County’s request for a revised proposal or an addendum to the proposal.

3. Proposals may be withdrawn by written notice signed by a duly

authorized representative of proposer.

D. KNOWLEDGE OF RFP AND PROPOSAL CONDITIONS

Before submitting a proposal, proposers shall carefully read all sections of this RFP, including all forms, schedules and exhibits, and shall fully inform themselves as to all existing conditions and limitations.

E. DILIGENCE MATERIAL

If provided, diligence material is subject to the following disclaimer: Neither the County nor any of its agents, advisors, or representatives has made or makes any representation or warranty, express or implied, as to the accuracy or completeness of any diligence material. Without limiting the generality of the foregoing, the diligence material may include certain assumptions, statements, estimates, and projections provided by or with respect to the County. The assumptions, statements, estimates, and projections reflect various assumptions made by the County, which assumptions may or may not prove to be correct. No representations are made by the County as to the accuracy of any assumptions, statements, estimates, or projections.

F. DUTY TO INQUIRE

Should a proposer find discrepancies in or omissions from the RFP, plans, specifications or other documents, or should the proposer be in doubt as to their meaning, the proposer shall at once notify the County in writing as specified in Section I.D. of this RFP. If the County determines that clarification is necessary, a written addendum will be issued and posted on the County’s website at: www.sdcre.com. It is the proposer’s responsibility to periodically check the above website for any addenda. It will be the proposer’s responsibility to determine if any addenda to this RFP have been posted on the website up to the final date of submittal. The County will not be responsible for any oral instructions nor for any written materials provided by any County personnel that are not also posted on the above website.

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G. EXPLANATION TO PROPOSERS

Questions or requests for clarifications to the Request for Proposals should be submitted in writing to Manny Gaviola at the address noted in Section 1.D. of this RFP or via e-mail at: emmanuel.gaviola@sdcounty.ca.gov. With the exception of questions or clarifications related to construction-plan approval, food-safety permits or the Eat Well Practices, as noted below, no other person should be contacted with regard to this RFP. Responses to inquiries will be posted on the Real Estate Services Division website at: www.sdcre.com.

For food safety related questions, please contact the County’s Department of Environmental Health at 858-505-6660.

For questions involving building permits or plan approval, please contact the County’s Department of Planning and Development Services at 858-694-2960.

For questions related to the Eat Well Practices, please contact Naomi Billups of the County’s Health and Human Services Agency at 858-692-5693. In no event will the County be responsible for ensuring that inquiries by prospective proposers have been received by the County. Oral explanations or instructions will not be binding. Any explanation concerning this RFP will be provided to all prospective proposers through posting on the County’s website at: www.sdcre.com in the form of an addendum to this RFP. No response will be provided to questions received after the deadline stated in this RFP as it may be modified by the County.

H. DEBRIEF AND REVIEW OF CONTRACT FILES

When a proposer has been notified by the County that the proposal is no longer being considered, the proposer may request a “debriefing” from the County on the findings about that one proposal (with no comparative information about proposals submitted by other proposers). After the lease agreement contemplated by this RFP is executed, any interested party may make an appointment to review the proposals and any other releasable documents. Copies of any documents desired by the reviewer will be prepared at the requestor’s expense in accordance with the California Public Records Act and current County rates for providing copies.

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I. NEWS RELEASES

Proposers shall not issue any news release pertaining to this RFP without prior written approval of the County, which may be withheld in County’s sole discretion. A minimum notice of six business days is required for approval of any news release.

J. CLAIMS AGAINST THE COUNTY

Neither proposers nor any representatives of proposers shall have any claims against the County or any of its elected officials, agents, or employees arising out of or relating to this RFP or these procedures (other than those arising under an executed lease with respondent proposer in accordance with the terms of the lease).

K. EMPLOYMENT OFFERS

Until the lease contemplated by this RFP is executed, proposers shall not, directly or indirectly, solicit any employee of the County to leave the County’s employ in order to accept employment with the proposer, its affiliates, actual or prospective contractors, or any person acting in concert with the proposer, without prior written approval of the County’s. This paragraph does not prevent the employment by a proposer of a County employee who has initiated contact with the proposer.

L. CANCELLATION OF RFP

The County reserves the right to cancel this RFP at any time without prior notice and makes no representation that any lease will be awarded to any proposer. Additionally, the County expressly reserves the right to postpone opening responses to this RFP for its own convenience, and/or to waive any informality or irregularity in the responses received.

M. CONFLICT OF INTEREST/FINANCIAL DISCLOSURE

The proposer agrees to comply with the County’s Conflict of Interest Code. Principals and key personnel of each proposer shall make all disclosures required by law or by the County’s Conflict of Interest Code. Each proposer and the principals and key personnel of each proposer are required to complete, sign and return with the proposal Exhibit “F” CONTRACT CONFLICT CERTIFICATION.

N. PROTEST PROCEDURE

County Board of Supervisors Policy A-97 shall apply to all protests, except that (i) “Director” means the Director, Department of General Services, (ii)

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“Contracting Officer” means the person listed in Section I.D. of this RFP, and (iii) “Contracting Office” means the address listed on Section I.D of this RFP. All protests shall be made in writing, and shall be filed with the Contracting Officer. Copies of the Board Policy are available from the Clerk of the Board, 1600 Pacific Highway, San Diego, CA 92101, or on the County’s web site at www.SanDiegoCounty.gov under the Clerk of the Board’s web page.

IX. ATTACHMENTS ATTACHMENT “A” LOCATION MAP ATTACHMENT “B” FLOOR PLAN

ATTACHMENT “C” VENDING AND CONCESSIONS NUTRITIONAL STANDARDS IN PARKS AND RECREATION FACILITIES

ATTACHMENT “D” EAT WELL PRACTICES

ATTACHMENT “E” PROPOSAL QUESTIONNAIRE ATTACHMENT “F” CONTRACT CONFLICT CERTIFICATION ATTACHMENT “G” REPRESENTATIONS AND CERTIFICATIONS ATTACHMENT “H” FORM OF LEASE

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ATTACHMENT “A” LOCATION MAP

A-1

ATTACHMENT “B” FLOOR PLAN

B-1

ATTACHMENT “C” VENDING AND CONCESSIONS NUTRITIONAL STANDARDS IN PARKS AND

RECREATION FACILITIES

C-1

C-2

C-3

ATTACHMENT “D” EAT WELL PRACTICES

D-1

D-2

D-3

ATTACHMENT “E” PROPOSAL QUESTIONNAIRE

E-1

E-2

ATTACHMENT “F” CONTRACT CONFLICT CERTICATION

F-1

ATTACHMENT “G” REPRESENTATIONS AND CERTIFICATIONS

G-1

ATTACHMENT “H” FORM OF LEASE

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H-1