— REQUEST FOR PROPOSAL —

Central Library Café Concessionaire/Operator

For the

Buffalo & Erie County Public Library

RFP #1922VF

March 22, 2019

PRE-PROPOSAL CONFERENCE

Friday March 29, 2019 10:00 a.m. at: BUFFALO & ERIE COUNTY PUBLIC LIBRARY Central Library, Second Floor Administrative Offices 1 LAFAYETTE SQUARE BUFFALO, NY 14203-1887

PROPOSALS DUE 2:00 PM, EASTERN TIME FRIDAY APRIL 12, 2019 See details within!

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TABLE OF CONTENTS

SECTION 1 OVERVIEW AND LOGISTICS .............................4

1.1 RFP Purpose .................................................4

1.2 Issuing Office ................................................4

1.3 Organization(s) ...............................................4

1.4 RFP Scope ...................................................4

1.5 Pre-submittal Conference and Inquiries .............................5

1.6 Pertinent Dates ...............................................5

1.7 Proposal Preparation ...........................................5

1.8 Submittal of Proposals ..........................................6

1.9 Selection Process; General Criteria .................................6

1.10 Interviews ...................................................6

1.11 Notification of Successful Vendor ..................................7

SECTION 2 DETAILED REQUIREMENTS – CAFÉ........................7

2.1 Background..................................................7

2.2 Central Library Open Hours ......................................7

2.3 Food and Drink in the Library ....................................7

2.4 Café Operations...............................................8

2.5 Vendor Minimum Requirements ..................................9

2.8 Business Terms ..............................................10

2.9 Operating Standards ..........................................11

SECTION 3 PROPOSAL FORMAT AND EVALUATION PROCESS ..........12

3.1 Vendor Information and Certification Form .........................12

3.2 Proposal Evaluation Process .....................................12

3.3 Required Proposal Elements and Weighting Factors ...................13

SECTION 4 GENERAL REQUIREMENTS .............................14

4.1 Conflict of Interest ............................................14

4.2 Non-Collusion ...............................................17

4.3 Opening; Conformity to Specifications; Clarification Bulletins ............18

4.4 Subjectivity to NY State Freedom of Information Law (FOIL) .............18

4.5 Liability and Insurance Requirements: .............................19

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EXHIBIT A Vendor Information and Certification Form ..............................20

EXHIBIT B

Vendor Rent, Hours of Service, and Service/Menu Proposal ..................23

EXHIBIT C.1 Café Photos & Floor Plan ............................................24

EXHIBIT C.2 Existing Food Preparation and Service Equipment Listing ....................26

EXHIBIT C.3

2nd Floor Kitchen Space Photos & Floor Plan ..............................27

EXHIBIT D Library and County of Erie Standard Insurance Requirements .................29

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SECTION 1 OVERVIEW AND LOGISTICS

1.1 RFP Purpose

The Buffalo & Erie County Public Library, hereafter referred to as “B&ECPL,” solicits proposals for a concessionaire to operate the café area located near the Washington Street entrance of Central Library, 1 Lafayette Square, Buffalo, NY.

1.2 Issuing Office

This RFP is issued by the Buffalo & Erie County Public Library, which is responsible for the requirements specified in this RFP and for the evaluation of all proposals.

1.3 Organization(s)

B&ECPL is a federated county-wide library system consisting of the Central Library in downtown Buffalo, 8 city branches, and 22 contracting member libraries in the villages, towns, and cities of the County. These libraries constitute a total of 37 buildings and 1 “Library on Wheels” distributed over an area of 1,043 square miles. The resources of the library system total approximately 3.3 million books, recordings, documents, maps, and media.

The Central Library, commonly know as “Central,” anchors the system with subject-based reference services and comprehensive collections of 1.5 million books, documents and other materials (over 47% of the entire system’s holdings). They include an exceptional rare book collection. Annual visits to Central were over 275,000 in 2018, with visitors checking out over 363,000 items. Central operates a computer training lab and approximately 100 public access computers. Registered public access computer use sessions totaled 135,000 in 2018 and users of the Library’s free WiFi logged in over 180,000 times. Supplementing the resources of neighborhood and community libraries through an extensive intra-loan network, it serves the research needs of individuals, corporations, industry, and academic and business communities. At approximately 400,000 square feet, Central is nearly as large as the remaining 37 libraries put together. Central is also the hub of the system’s administrative and support service functions and serves as the base of operations for the “Library on Wheels” (bookmobile). Employees based at the Central Library include approximately 122 full-time, 10 regular part-time (over 20 hours/week) and 131 part-time (up to 19 hours/week).

1.4 RFP Scope

The information and instructions contained in this RFP are intended to provide interested vendors with information necessary to prepare and submit proposals and accompanying materials.

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1.5 Pre-submittal Conference and Inquiries

There will be a pre-submittal conference held for this Request for Proposal at the Buffalo & Erie County Public Library Central Library.

WHEN: March 29, 2019, 10:00 am WHERE: Central Library, Second Floor Administrative Offices

Buffalo & Erie County Public Library 1 Lafayette Square, Buffalo, New York

All inquiries concerning this RFP MUST be submitted in writing via email to:

Kenneth H. Stone, Deputy Director, Chief Financial Officer Buffalo and Erie County Public Library 1 Lafayette Square Buffalo, New York 14203-1887 (716) 858-7170 FAX: (716) 858-6544 Email: stonek@buffalolib.org Mr. Stone will confirm receipt of emails received within 1 business day. If a vendor sends email and does not receive confirmation, assume the email was not received.

1.6 Pertinent Dates

A. Advertisement dates: March 22, 2019 B. Release of RFP: March 22, 2019 B. Pre-Submittal Conference: March 29, 2019, 10:00 am C. Closing Date for Inquiries: April 2, 2019, 5:00 pm D. Submittal of Proposals: April 12, 2019, no later than 2:00 pm Eastern Time E. Review of Proposals by Appointment F. Anticipated Award Date: May 2019 G. Anticipated Startup Date: June 2019

1.7 Proposal Preparation

The proposal should follow the format outlined in Section 3 of this RFP. Vendors should feel free to augment their responses with additional information, as they deem appropriate. Failure to follow the prescribed format for responses may result in disqualification.

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1.8 Submittal of Proposals

Interested vendors should submit two hard copies (one unbound) in a sealed envelope/box, clearly labeled Central Library Café Concessionaire/Operator Proposal. Proposals are to be submitted to the individual listed in Section 1.5 by the Submittal of Proposals deadline listed in Section 1.6. Vendors have sole responsibility to assure that their proposals are received on time.

The content of each proposal will be held in strict confidence and will not be opened prior to the submittal of proposal deadline, at which time they become public information subject to the provisions of the New York State Freedom of Information Law.

1.9 Selection Process; General Criteria

A. B&ECPL reserves the right to reject all proposals, waive minor irregularities, and/or call for new proposals.

B. When evaluating the proposals submitted in response to this RFP, B&ECPL’s considerations include, but are not limited to, the following:

[1] The amount of the monthly rent payment.

[2] The character, integrity, reputation, judgment, ability, capacity, and skill of the vendor to perform the contract or provide the service required.

[3] The variety and quality of proposed menu offerings and programming.

[4] The quality of performance of previous contracts or services.

[5] The knowledge, previous history and evidence of existing compliance by the vendor with laws and ordinances relating to the contract or service.

[6] The ability of B&ECPL to negotiate a contract with the most qualified vendor.

1.10 Interviews

In the event B&ECPL requires additional information or determines a personal interview is necessary prior to selection of a finalist, B&ECPL may elect to interview finalists at the B&ECPL Central Library or another location to be identified by the B&ECPL. All vendor expenses for travel to Buffalo associated with vendor interviews are to be borne exclusively by participating vendors and not by B&ECPL.

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1.11 Notification of Successful Vendor

Upon approval, the successful vendor will be notified in writing and a purchase/work order issued, or a contract shall be prepared by B&ECPL. An email advising of the results will be sent to all participating vendors subsequent to when the contract is signed and approved.

SECTION 2 DETAILED REQUIREMENTS – CAFÉ

2.1 Background

The Café is a prominent feature of the Library’s main floor. A major focus of the areas surrounding the café include access to items frequently utilized by the public, such as popular books, children’s materials, and media. The Library’s Launch Pad, a creative “maker space” and an information counter are located on either side of the Café space. It is located in a high traffic area as visitors entering through the Washington street entrance must travel by the café on their way to the rest of the library.

More information about the Central Library including a searchable “View Events at this Library” feature may be found on the B&ECPL’s web site at: http://www.buffalolib.org/content/library-locations/central .

The operator’s area includes a rear preparation/work space with storage capability above and below. Plumbing and electrical connections are provided. The front service counter provides convenient access to visitors and includes a lockable curtain system for non-operating hours. The seating area itself is open to the public during all library open hours.

2.2 Central Library Open Hours

Current hours of operation for the library:

A. Monday - Saturday 8:30 a.m. to 6:00 p.m. (8:00 p.m. on Thursdays)

B. Sunday 12:00 p.m. to 5:00 p.m. (during the school year, closed in summer)

Note: the staff work in staggered shifts (administrative and support services staff generally work a Monday-Friday schedule).

2.3 Food and Drink in the Library

Consumption of food and beverages is allowed in most areas of the library unless designated otherwise by posted signage.

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2.4 Café Operations

Operating a quality café enhances the library environment, provides a desired amenity to library patrons and staff and raises revenue for the Library. Desirably, the café would operate much of the time the Library is open when it is cost-effective for the operator.

The main floor Café site must offer high quality food items that require only warming/toasting, cooling or finishing on the first floor site. An exhaust system for this type of use is provided. No grill, fryer or similar cooking may take place in the Café site. A second floor kitchenette is available for limited cooking use (see below). Aside from the offerings detailed below, other offerings may be proposed, but are subject to Library approval.

A. Location: First Floor, Central Library, as set out in Exhibit C.1

B. Seating Area: Seating for approximately 94 customers within the area shown on Exhibit C.1. Café customers may also utilize additional seating in surrounding areas of the library subject to availability.

C. Counter and Food Preparation Area: Existing food preparation and service equipment, sinks and hand basins, under-counter trash receptacles, are available for use by the vendor (see listing in Exhibit C.2). Vendor is expected to, subject to library approval, install additional equipment consistent with the proposed use and within presently available space. Vendor will promptly repair or replace all equipment should it fail during the term of the agreement.

D. Menu Boards and Related Signage: Existing menu boards and related signage may be repurposed. New and/or modifications to existing menu boards & signage are the responsibility of the vendor. The Library must approve the design and content of all vendor-provided signage prior to its installation.

E. Second Floor Kitchenette and Storage Area: As set out in Exhibit C.3., Vendor shall be permitted shared used of the oven equipment and storage space in this room so long as such use does not prevent or unduly inhibit Library staff use of this space. Vendor is solely responsible for securing items left in this space.

F. Menu Profile: Including but not limited to: Espresso drinks, coffee, tea, bottled water, bottled juices (non-staining), gourmet salads, sandwiches, soups, yogurt, fruit, muffins, bagels, fresh pastries.

G. Retail: Option to sell whole bean coffee, specialty packaged foods and related items.

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H. Café Hours: Maximum: Mon - Sat: 8:00 a.m. to 5:30 p.m. (option until 7:30 p.m. on Thursday); and Sunday 12:00 p.m. to 4:30 p.m.

I. Licensing: Vendor shall be responsible for securing and maintaining in full force all licenses/permits required by the Erie County Health Department and/or other applicable authorities to operate this café area. Vendor will also be responsible for the total cost of such licenses/permits and renewals.

J. Catering and Seasonal Opportunities: There is potential for catering services, such as light lunches and/or refreshments for meetings, programs, and other Library events on a non-exclusive basis. The Library is also willing to work with the selected Vendor to explore innovative approaches to providing service, including, but not limited to, providing seasonal service on the Central Library’s front entry ramp.

K. Rent: Percentage of monthly gross receipts, or a flat minimum amount, whichever is higher, specifics to be determined by RFP process. First year is from start of operations through June 30, 2020. See Exhibit B for additional detail.

L. Utilities: Electric, natural gas, and water/sewer utilities are included in the base rent. The vendor would be responsible for a proportionate share of garbage fees based on usage and charges if a library provided telephone line is utilized.

2.5 Vendor Minimum Requirements

Certain minimum requirements have been established in order for vendors to be considered for the contract described in this Request for Proposal:

Vendors shall have one or more years of continuous experience within the last five years in the ownership, management or operation of one or more specialty food/coffee facilities.

If the vendor intends to use subcontractor(s) for any portion of the proposed work, the vendor must identify the work to be subcontracted and identify the firm(s) along with a statement of their contact information and qualifications.

If the vendor is a Certified Minority Business Enterprise/Women's Business Enterprise (MBE/WBE), include the Erie County certification letter with the proposal. If not, vendor must include a statement of the anticipated utilization of minority personnel as a percentage of the staffing to be utilized in this operation and the anticipated utilization of women as a percentage of the staffing to be utilized on this operation.

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Vendors not meeting the minimum requirements may result in disqualification of their proposal and may not be considered further.

2.8 Business Terms

I. Rent: Selected operator shall pay a monthly rent. Actual rent to be determined by RFP process (see Exhibit B). Rent begins on the first month the café area is open to the public. In the case that the first month of operation is not a full month, rent will be based on sales from the first day to the end of that month or pro-rated on the minimum monthly rent, whichever is higher. Operator to make rent payment within 15 days of the last day of the preceding month, including a statement showing operator’s total gross receipts for the preceding month. Vendor’s revenue generated from catered events at the library must be included in the gross receipts on which rent is calculated.

II. Late Payment: Any rent payment not remitted by the 15th day following the end of the month will be subject to a 10% late fee. Should said payment occur more than 10 business days after the due date, the late fee shall increase to 25%.

III. Term: The lease begins as soon as the contract is awarded and terminates June 30, 2022. The lease may be extended for up to two additional three-year periods upon mutual agreement of the parties.

IV. Early Termination: Either party may terminate the lease agreement prior to June 30, 2022, with a 90-day written notice to the other party. The café area equipment, and all improvements provided by the library remain with the library. Café area equipment, and all improvements provided by the operator must be removed no later than 15 days after the 90-day notice period. Any said equipment/improvements not removed by the end of that timeframe automatically become the property of the Library.

Should the early termination provision be utilized during one of the extension periods, the same notice and removal periods would apply.

V. End of Lease: At the end of the lease, all operator provided equipment and improvements not removed within 15 days of the end of the lease, become the property of the Library.

VI. Utilities: All utilities are paid for by the Library and are included in the rent charged to the operator. However, an additional fee per month will be charged to the vendor based upon the difference in the number of weekly trash (dumpster) pickups as a result of the trash generated by the café, with said fee equaling the cost of the additional pickup(s) required. Operator is responsible for telephone hook-up, ongoing line, and all other phone related charges.

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VII. Licensing: Operator will be responsible for securing and maintaining in full force all licenses required by the Erie County Health Department and/or other applicable authorities to operate this café area. Operator will also be responsible for the total cost of such licenses and renewals.

VIII. Catering Opportunities: There is potential for catering services, such as light lunches, and/or refreshments for meetings, programs and other library events on a non-exclusive basis.

2.9 Operating Standards

A. Maintenance: Operator is responsible for keeping the café area neat, clean, and in good repair. Operator is also responsible for regularly bussing the seating area and immediately cleaning up spills/messes in that area. Operator will ensure that receptacles do not become overfilled during public hours. Library janitors will empty trash nightly. Operator will not allow boxes, cartons, barrels or other similar items to remain in view of public areas.

B. Employee Standards: Service should be timely, attentive and friendly. Food and beverage orders will be taken promptly and in a friendly and courteous manner. Operator to recruit, train, supervise, direct and deploy the optimum number of employees to match the work requirements. Each employee should: (1) be clean, neat, and well-groomed; (2) be free from offensive body odor; and (3) be professional, courteous, and friendly to the public. Each floor has public restrooms that may be used for operator’s employees.

C. Menu and Pricing: Operator to charge reasonable prices for all food and beverages. The Café must offer high quality food items that require only warming/toasting, cooling or finishing on site. An exhaust system for this type of use will be provided. No grill, fryer, oven or similar cooking may take place on the first floor site. The Library reserves the right to review and approve of prices and menu.

D. Food Quality: Operator will make efforts to ensure that only the highest quality of food is sold at the Library, including but not limited to:

Coffee should be from a quality roaster, competitive in quality with the best roasters in Buffalo for a balance of flavor, body, aroma, and acidity. Espresso should be appropriate for industry-recognized professional espresso use.

Butter, milk and milk products shall be USDA Grade "A".

Sandwiches and pastries shall be fresh daily from a quality provider.

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E. Deliveries: Normal deliveries are to be made between 7:30 a.m. and 11:00 a.m., Monday-Friday (excluding library holidays) and only through the service entrance on the Oak Street side of the building. Arrangements must be made in advance with the Library’s shipping/receiving department. Deliveries need to be carried or hand-trucked into the building through the non-public staff corridors, to the extent possible, directly to the café. The Library will not accept deliveries on behalf of the operator, nor will they assume responsibility for any products left in the shipping/receiving or any other area of the library.

F. Non-compliance: Failure to comply with any of the Operating Standards can result in a fine of $50/day, if problems are not addressed within seven days of receiving a formal complaint letter from the Library. Termination of the lease agreement can result if the problems persist beyond 15 days of written notification.

SECTION 3 PROPOSAL FORMAT AND EVALUATION PROCESS

3.1 Vendor Information and Certification Form

The Vendor Information and Certification Form (Exhibit A) must be completed in full, signed by an officer of the firm authorized to bind said firm and included with the proposal at the front of the proposal. Any proposal submitted without this completed

and executed form will be rejected.

3.2 Proposal Evaluation Process

The Library will establish an Evaluation Committee. First, the committee will review the Vendor Information and Certification Form - Exhibit A and evaluate vendor’s Exhibit B answers to the Required Proposal Elements below. Vendors are to answer each item. Items will be scored up to the maximum point value indicated in parentheses.

Second, the top highest scoring vendors will be evaluated further by the panel through site visits to existing operations. Each Evaluation Committee member shall independently assign a score to each criterion during the written evaluation. Designated members of the Evaluation Committee may contact vendors for clarification of proposals; however, no additions, deletions or substitutions may be made to proposals that cannot be termed as clarifications. All such contact shall be documented.

Responses should restate the question AND use the same sequence of numbers and letters as in the RFP. Scores for the written section and site visit will be combined for a

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total score. The highest scoring proposal will be recommended to the Board of Trustees.

3.3 Required Proposal Elements and Weighting Factors

A. (Up to 20 points) Describe your experience and background in providing coffee/café operations including any experience providing specialty café service within an established business or institution (retail, university, school, hospital, government, other). Provide references. What uniquely qualifies you to provide café service in this library?

B. (Up to 25 points) Provide your plan for operation of the Library café, including:

a. A list of proposed menu items with prices and descriptions including names of providers of food products;

b. Proposed hours of operation;

c. Proposed staffing and staff training (levels, competencies and how the plan ensures that the Library café will be staffed with qualified employees); and

d. A pro-forma financial statement for estimated operations of the Library Café for the initial 3-year term.

C. (Up to 10 points) What standards do you have for ensuring a quality-run operation? Please indicate such things as quality and freshness standards for coffee, pastries, and other food products.

D. (Up to 10 points) What ideas (promotions, advertising, publicity, special events) do you propose to undertake to support the Library café?

E. (Up to 10 points) How do your financial assets allow you to undertake this project? Please provide the following:

a. Financial Plan indicating the source of funding to be used for vendor provided elements and working capital.

b. Financial statements that provide income and expenses for three years of operation. If in business fewer years, submit as applicable.

c. Names, addresses and telephone numbers of at least three credit references, including at least one banking reference.

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F. (Up to 25 points) What amount of rent do you propose to pay to the Library for the café area?

Total Points: Up to 100 points

FAILURE TO PROVIDE A RESPONSE TO ANY SECTION MAY CONSTITUTE CAUSE FOR REJECTION

Site Evaluation

The top three highest scoring vendors will be asked to provide hours of operation of current operation(s). During these unannounced site visits, your operation will be evaluated on the following factors:

a) Quality of Products (taste, freshness, temperature) (40 points)

b) Customer Service (friendliness, attentiveness, timeliness, convenience) (30 points)

c) Presentation (cleanliness/appearance of area, equipment and packaging) (20 points)

d) Staff (appearance, professionalism, knowledge) (10 points)

Total Points: up to 100 points

Combined Total: up to 200 points

SECTION 4 GENERAL REQUIREMENTS

4.1 Conflict of Interest

A. [1] No officer or employee of B&ECPL shall have an interest in any contract with the B&ECPL, when such officer or employee, has the power or duty to

(a) negotiate, prepare, authorize or approve the contract or authorize or approve payment thereunder,

(b) audit bills or claims under the contract, or

(c) appoint an officer or employee who has any of the powers or duties set forth above, and

[2] No chief fiscal officer, treasurer or his or her deputy or employee shall have an interest in a bank or trust company designated as a depository, paying agent, registration agent, or for investment of funds of B&ECPL of

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which he or she is an officer or employee. “Interest” as used herein means a direct or indirect pecuniary or material benefit accruing to an officer or employee of B&ECPL as the result of a contract with the library. An officer or employee of B&ECPL shall be deemed to have an interest in the contract of

(a) his or her spouse, minor children and dependents, except a contract of employment with B&ECPL,

(b) a firm, partnership or association of which such officer or employee is a member or employee,

(c) a corporation of which such officer or employee is an officer, director or employee and

(d) a corporation any stock of which is owned or controlled directly or indirectly by such officer or employee. New York State General Municipal Law §§ 800 - 801.

B. [1] The provisions of section 5.1 A. shall not apply to:

(a) The designation of a bank or trust company as a depository, paying agent, registration agent or for investment of funds of B&ECPL except when the chief fiscal officer, treasurer, or his deputy or employee, has an interest in such bank or trust company; provided, however, that where designation of a bank or trust company outside the county would be required because of the foregoing restriction, a bank or trust company within the county may nevertheless be so designated;

(b) A contract with a person, firm, corporation or association in which an officer or employee of B&ECPL has an interest which is prohibited solely by reason of employment as an officer or employee thereof, if the remuneration of such employment will not be directly affected as a result of such contract and the duties of such employment do not directly involve the procurement, preparation or performance of any part of such contract;

(c) The designation of a newspaper, including but not limited to an official newspaper, for the publication of any notice, resolution, ordinance or other proceeding where such publication is required or authorized by law;

(d) The purchase by B&ECPL of real property or an interest therein, provided the purchase and the consideration therefor is approved by order of the Supreme Court upon petition of the governing board;

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(e) The acquisition of real property or an interest therein, through condemnation proceedings according to law;

(f) A contract with a membership corporation or other voluntary non-profit corporation or association;

(g) The sale of bonds and notes pursuant to section 60.10 of the local finance law;

(h) A contract in which an officer or employee of B&ECPL has an interest if such contract was entered into prior to the time he or she was elected or appointed as such officer or employee, but this paragraph shall in no event authorize a renewal of any such contract;

[2] (a) A contract with a corporation in which an officer or employee of B&ECPL has an interest by reason of stockholdings when less than five per centum of the outstanding stock of the corporation is owned or controlled directly or indirectly by such officer or employee;

(b) A contract for the furnishing of public utility services when the rates or charges therefor are fixed or regulated by the public service commission;

(c) A contract for the payment of a reasonable rental of a room or rooms owned or leased by an officer or employee when the same are used in the performance of his or her official duties and are so designated as an office or chamber;

(d) A contract for the payment of a portion of the compensation of a private employee or an officer when such employee performs part time service in the official duties of the office;

(e) A contract in which a municipal officer or employee has an interest if the total consideration payable thereunder, when added to the aggregate amount of all consideration payable under the contracts in which such person had an interest during the fiscal year, does not exceed the sum of one hundred dollars;

(f) A contract with a member of a private industry council established in accordance with the federal job training partnership act (29 U.S.C.A. § 1501 et seq.) or any firm, corporation or association in which such member holds an interest, provided the member discloses such interest to the council and the member does not vote on the contract. General Municipal Law § 802.

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C. [1] Any officer or employee of B&ECPL who has, will have, or later acquires an interest in any actual or proposed contract with B&ECPL of which he or she is an officer or employee, shall publicly disclose the nature and extent of such interest in writing to the governing body thereof as soon as he or she has knowledge of such actual or prospective interest. Such written disclosure shall be made part of and set forth in the official record of the proceedings of B&ECPL. Once disclosure has been made by an officer or employee with respect to an interest in a contract with a particular person, firm, corporation or association, no further disclosures need be made by such officer or employee with respect to additional contracts with the same party during the remainder of the fiscal year.

[2] Notwithstanding the provisions of section 5.1 C.[1], disclosure shall not be required in the case of an interest in the contract described in section 5.1 B.[2], above.

4.2 Non-Collusion

A. Each proposal shall also contain the following statement subscribed by the vendor and affirmed by such vendor as true under the penalties of perjury.

[1] By submission of this proposal, each person signing on behalf of any vendor certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under the penalty of perjury, that to the best of knowledge and belief:

(a) The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor;

(b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed and will not knowingly be disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor; and

(c) No attempt has been made or will be made by the vendor to induce any other person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition.

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4.3 Opening; Conformity to Specifications; Clarification Bulletins

A. The proposals are opened as stated in the call for proposals or as soon thereafter as reasonably possible. They are irrevocable after opening for sixty (60) days or any period specified in the call for proposals.

B. Selection is based upon a comparison of the proposal as submitted with the requirements identified in the RFP and, where necessary, clarification bulletins.

C. Clarification bulletins may be issued to correct mistakes, answer questions, or resolve ambiguities during the proposal solicitation process. The date and time of proposal opening may be extended only once, and not more than twenty business days. Any proposal may be withdrawn prior to the time of opening in case of an extension. Reasonable effort will be made to notify all who have submitted proposals.

D. If major revisions become necessary, or for any other reason, all proposals may be rejected and a new call published, subject to the discretion of B&ECPL.

E. Unopened proposals are to be returned if the vendor requests and supplies a prepaid mailer.

F. Specific questions regarding the RFP may be submitted in writing to the individual listed in Section 1.5.

4.4 Subjectivity to NY State Freedom of Information Law (FOIL)

This RFP and any responses submitted are subject potential disclosure. All books and public records of a governmental entity, the contents of which are not otherwise declared by law to be confidential must be open to inspection by any person and may be fully copied pursuant to the New York State Freedom of information Law (Public Officers Law, Article 6, §84-90). For more information see: http://www.dos.ny.gov/coog/foil2.html.

Proposers are responsible for segregating and clearly marking as confidential any “trade secret” or other material the proposer wishes excluded from disclosure under FOIL. Proposer must also submit written documentation demonstrating the material within the proposal marked “confidential” conforms to New York State law. Not conforming to these requirements will cause your proposal to be deemed non-compliant and subject to rejection by the B&ECPL.

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The failure to segregate and clearly mark confidential information, trade secrets and/or proprietary information, shall constitute a complete waiver of any and all claims for damages caused by release of the information by the B&ECPL.

Submitted proposals, which are marked “confidential” in their entirety, or those in which a significant portion of the submitted proposal is marked “confidential” are subject to rejection by the B&ECPL without further consideration.

All proposals are confidential until the contract is awarded; at which time, both successful and unsuccessful vendors’ proposals content not complying with the exclusion provisions noted above become public information.

The content of each proposal will be held in strict confidence and no details of any proposal will be divulged to any other vendor prior to proposal openings.

4.5 Liability and Insurance Requirements:

The vendor must certify that the vendor is an independent contractor and the vendor’s firm, its officers, employees, agents or subcontractors shall not be considered to be employees or agents of B&ECPL. The vendor shall indemnify and hold B&ECPL harmless from any loss, liability, damage, death or injury to any person or property, from any negligent or wrongful act or omission of the Contractor, its agents, or employees, arising directly or indirectly as a consequence of this contract.

The vendor shall further indemnify, defend, and hold harmless the County of Erie, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney’s fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the vendor or third parties under the direction or control of the vendor.

Insurance shall be procured by the successful vendor before commencing work, no later than 14 days after notice of award, and maintained without interruption for the duration of the contract, in the kinds and amounts specified in Exhibit D “Library and County of Erie Standard Insurance Requirements.” If the insurance is not provided in acceptable form within this period of time, then the Buffalo & Erie County Public Library Chief Financial Officer may declare the vendor non-responsive and award a contract to the next highest point-scoring vendor.

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EXHIBIT A Vendor Information and Certification Form

Please complete and submit with other required information and other related materials you wish to provide the Library. Complete a separate Exhibit A form for any subcontractor(s) whose employees will perform services within the library.

A. ORGANIZATION IDENTIFICATION:

1. ORGANIZATION NAME: ________________________________________________

2. ADDRESS: _____________________________________________________________

___________________________________________________________________________

3. TELEPHONE #: _________________________

4. FAX #: _____________________________

5. FEDERAL ID #: ______________________________

6. OWNERSHIP (CHECK ONE): Corporation_____ Partnership_____ Individual____

Other (explain) _____________________________________________________________

a. List parent company (if applicable):_________________________________________

b. Year business established:_______________

7. IF A CORPORATION, PLEASE ANSWER THE FOLLOWING:

a. List state of incorporation:____________________________

b. List resident agent for service of process in New York: ________________________

c. List (or attach a list) of principal shareholders (those owning 5% or more of the

corporation’s stock):________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

d. List (or attach a list) of all officers and directors of the corporation: __________________________________________________________________

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Page 21

_________________________________________________________________________

8. IF A PARTNERSHIP, PLEASE ANSWER THE FOLLOWING:

List (or attach a list) of the general and limited partners and, if applicable, officers:

____________________________________________________________________________

____________________________________________________________________________

9. Current number of employees: Full-time_______ Part-time_______ Total_______

10. Name and address of current liability insurer: _______________________________

___________________________________________________________________________

11. Are you or your business currently involved in any lawsuits (check one): Yes_____ No_____

If yes, list caption and cause number for all lawsuits in which you are involved:

_____________________________________________________________________________

12. Are you and your business current in meeting all state, federal, local, sales, and payroll taxes (check one): Yes_____ No_____ If no, please explain: ____________ _______________________________________________________________________

B. 1. CURRENT CAFÉ OPERATIONS:

List locations of your café operations:

Name and Address Consecutive Years in Operation Under Your Ownership

1.________________________________________ _______years

__________________________________________

2.________________________________________ _______years

_________________________________________

3.________________________________________ _______years

_________________________________________

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C. ASSURANCES:

The Vendor hereby certifies that Vendor:

1. Has the authority and/or responsibility to submit a proposal and to represent their organization in all phases of this RFP process.

2. The information provided is true and accurate to the best of their knowledge.

3. Understands any false statement may disqualify this proposal from further consideration or be cause for contract termination.

4. Agrees to notify the Buffalo & Erie County Public Library Director within 30 days of any change in the above information.

VENDOR OFFICIAL (Name and Title): _____________________________________________________________________ (Type or Print)

Signature: _____________________________

Date: _________________________________

FAILURE TO SIGN AND SUBMIT THIS FORM SHALL BE CAUSE FOR REJECTION

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EXHIBIT B Vendor Rent, Hours of Service, and Service/Menu Proposal

Complete Part I, Proposed Rent and Part II Proposed Hours of Service below. Attach as Part III vendor’s response to Section III requirements including a proposed

menu with product descriptions.

Part I

MONTHLY RENT, THE GREATER OF:

% of Gross Receipts OR Minimum $

INITIAL YEAR _______________ ____________

SECOND YEAR _______________ ____________

THIRD YEAR* _______________ ____________

*Third year terms would apply for the full period of any extensions.

Part II

Proposed Hours of Service: Open Close

Monday ________ ________

Tuesday ________ ________

Wednesday ________ ________

Thursday ________ ________

Friday ________ ________

Saturday ________ ________

Sunday (during school year) ________ ________

Part III

ATTACH RESPONSE TO SECTION III REQUIREMENTS INCLUDING PROPOSED MENU

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EXHIBIT C.1 Café Photos & Floor Plan

EXHIBIT C.2

Existing Food Preparation and Service Equipment Listing

Subject to Change

Description Location

Built-in Counters, Shelving &

CabinetsCafé Counter Area

Cash Register Café Counter Area

Wooden Cabinet/Merch. Display Café Counter Area

Food Warmers (2) Café Counter Area

Stereo equipment Café Counter Area

Refrigerator Café Counter Area

Clock Café Counter Area

Prep Table (1) Café Kitchen

Three part sink Café Kitchen

True Refrigerator Outside Café Kitchen

Storage Rack Outside Café Kitchen

Frigidaire Electric Ovens(two) 2nd Floor Kitchen

Freezer (White Westinghouse) 2nd Floor Kitchen

Hobart Slicing Machine 2nd Floor Kitchen

Prep Table 2nd Floor Kitchen

Storage Rack 2nd Floor Kitchen

File Cabinet 2nd Floor Kitchen

Warming Serving Trays 2nd Floor Kitchen

Utility Holder 2nd Floor Kitchen

Mobile Cart (Blue circular) 2nd Floor Kitchen

Multi tray cart (Lakeside) 2nd Floor Kitchen

Beffemain Potato Ricer 2nd Floor Kitchen

Refrigerated Prep Table Library Storage

Duke Oven & Stand Library Storage

Butcher Block Table Library Storage

Microwave Library Storage

Blender Library Storage

Items in Library Storage may be selected and transferred to either the Café Kitchen or

2nd Floor Kitchen as space permits.

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EXHIBIT C.3 2nd Floor Kitchen Space Photos & Floor Plan

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EXHIBIT D Library and County of Erie Standard Insurance Requirements

County of Erie

95 Franklin St

Buffalo NY, 14202

H

H

I. Insurance shall be procured and certificates delivered before commencement of work or delivery of merchandise or equipment.

II.

A. Shall be made to the "Buffalo & Erie County Public Library, Business Office, 1 Lafayette Square, Buffalo, NY 14203"

B. Coverage must comply with all specifications of the contract.

C. Must be executed by an insurance company, agency or broker, which is licensed by the Insurance Department of the

State of New York. If executed by a broker, notarized copy of authorization to bind or certify coverage must be attached.

III. Forward the completed certificate to: Buffalo & Erie County Public Library (B&ECPL)

for construction, purchase, lease or service.

IV. Minimum coverage with limits are as follows:

Vendor

Classification

A

Construction

and

Maintenance

B

Purchase or Lease

of Merchandise or

Equipment

C

Professional

Services

D

Property Leased

To Others Or Use

Of Facilities

Or Grounds

E

Concession-

aires

Services

F

Livery

Services

G

All Purposes

Public

Entity Contracts

Commercial Gen. Liab. $1,000,000 per occ. $1,000,000 CSL $1,000,000 CSL $1,000,000 $1,000,000 CSL $1,000,000 $1,000,000 CSL

General Aggregate $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000

Products Completed

Operations Liability $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000

Contractual Liability INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

Broad Form P.D. INCLUDE

X.C.U. (explosion, collapse,

Underground)INCLUDE

Liquor Law INCLUDE INCLUDE

Auto Liab. $1,000,000 CSL $1,000,000 CSL $1,000,000 CSL $1,000,000 CSL $1,000,000 CSL $1,000,000 CSL

Owned INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

Hired INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

Non-Owned INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

Excess/Umbrella Liab. $5,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000,000 $1,000,000

Worker's Compensation STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY

& Employer's Liability

Disability Benefits STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY

Professional Liability $5,000,000

Buffalo & Erie County Public

Library, To Be Named Add'l

Insd.

Gen. Liab., Auto

Liab., & Excess

Broad Form

Vendors May

Be Required

Gen. Liab., Auto

Liab., & Excess

Gen. Liab., Auto

Liab., & Excess

Gen. Liab., Auto

Liab., & Excess

Gen. Liab.,

Auto

Liab., & Excess

Gen. Liab., Auto

Liab., & Excess

V.

VI Coverage must be provided on a primary-non contributory bases.

VII.

VIlI.

IX. Waiver of Subrogation: Required on all lines unless noted

X

XI.

DBL (Disability Benefits Law) Forms

CE-200 CE-200

C105.2 DB-120.1

SI-12 DB-155

GSI-105.2

U-26.3

XII. The "ACORD" form certificate may be used in place of the B&ECPL Standard Insurance Certificate, provided that all of the above

CERTIFICATES OF INSURANCE

Designated Construction Project - General Aggregate Limit, Per Project Endorsement CG 25 03 is required.

Workers Compensation: State Workers' Compensation / Disability Benefits Law

Workers Compensation Forms

INSTRUCTIONS FOR B&ECPL STANDARD INSURANCE CERTIFICATE

Self Insurer

Commercial Insurer

Exemption

referenced requirements are incorporated into the "ACORD" form certificate.

Transportation of people in buses, vans or station wagons requires $5,000,000 excess liability.

Construction contracts require excess Umbrella Liability limits of $5,000,000.

Use Applicable Certificates Below:

Exemption

Insurers

Self Insured

New York State Insurance Fund

Group Self Insured

In the event the concessionaire is required to have a N.Y.S. license to dispense alcoholic beverages an endorsement for liquor liability is

required.

Blanket Broad Form

Contractual Liability INCLUDE

Edition Date: 2/5/2013 Page 1 of 1

County of Erie

95 Franklin St

Buffalo NY, 14202

H

H

SAMPLE