STATEMENT OF QUALIFICATIONS - EXPRESSION OF INTEREST (SOQ) Title: SEASONAL CONCESSION OPERATOR HOLLAND PARK Reference No.: 1220-50-14-10 RDO V:FINAL 11/23/10 STATEMENT OF QUALIFICATIONS - EXPRESSION OF INTEREST (SOQ) REFERENCE No.: 1220-50-14-10 SEASONAL CONSESSION OPERATOR - HOLLAND PARK 1. INTRODUCTION 1.1 Purpose of SOQ The purpose of this Statement of Qualifications – Expression of Interest (the “SOQ”) is to invite interested parties to submit Responses indicating their interest in, and qualifications for the Project. Based on these Responses, the City intends to select, in accordance with the terms of the SOQ, a shortlist of up to three Respondents to be invited to participate in the next stage of the competitive selection process, the Request For Proposals (“RFP”) stage. This SOQ is issued solely for information and planning purposes and does not constitute a Request for Proposal (RFP) or a promise to issue a RFP in the future. Further, the City is not at this time seeking proposals and will not accept unsolicited proposals. The City’s Parks, Recreation & Culture Department – Parks Division (North) is seeking Respondents who can demonstrate strong experience in food service operations in order to operate the snack bar. 1.2 Definitions In this SOQ the following definitions shall apply: “Agreement” means a formal written contract between the City and a Preferred Proponent to undertake the Services; “City” means the City of Surrey; “City Representative” has the meaning set out in section 2.4; “City Website” means www.surrey.ca; “Closing Time” has the meaning set out in section 2.1; “Evaluation Team” means the team appointed by the City; “Information Meeting” has the meaning set out in section 2.2; “Preferred Proponent(s)” means the Proponent(s) selected by the Evaluation Team to enter into negotiations for a Contract. “Respondent” means an entity that submits a Statement of Qualifications – Expression of Interest; “Response” means a response submitted in request to this SOQ; “Services” has the meaning set out in Schedule A; and “SOQ” means this Request For Statement of Qualifications - Expressions of Interest. 01 1.3 The Project Under the Competitive Selection Process, the City is seeking to enter into an Agreement with a qualified entity to provide seasonal concession services limited to (at this time) Holland Park. The City is seeking and will select a concessionaire that best demonstrates the ability to provide innovative, affordable, safe and reliable services to park patrons while paying reasonable concession fees to the City. You are encouraged to offer services and/or products that would be complimentary to the existing uses of the Park. The City reserves the right to approve any proposed business activity. 2. INSTRUCTIONS TO RESPONDENTS 2.1 Closing Time and Address for SOQ Delivery All Responses should be submitted to the City at the office of the: Acting Purchasing & AP Manager Address: City of Surrey – Purchasing Section 6645 – 148th Street Surrey, British Columbia V3S 3C7 Fax: Email for PDF Files: 604-599-0956 purchasing@surrey.ca on or before the following date and time (the “Closing Time”) Time: Date: 2.2 3:00 p.m. [local time] Monday, January 31, 2011 Information Meeting An information meeting may be hosted by the City Representative to discuss the City’s requirements under this SOQ (the “Information Meeting”). While attendance is at the discretion of Respondents, Respondents who do not attend will be deemed to have attended the Information Meeting and to have received all of the information given at the Information Meeting. Minutes will not be prepared or circulated. At the time of issuance of this SOQ a meeting has been scheduled as follows: 2.3 Address: Holland Park (Concession Building) south of Old Yale Road, west of King George Boulevard, and north of 96B Avenue Surrey, British Columbia V3S 3C7 Time: Date: 10:00 a.m. [local time] Thursday, January 13, 2011 Number of Copies Faxed or emailed PDF Responses are permitted, but a Respondent bears all risk that the City’s equipment functions properly so that the City receives the SOQ on time. If the Respondent prefers to submit a hard copy, the Respondent should submit the original unbound SOQ and 1 copy (two in total). 02 2.4 Inquiries All inquiries related to this SOQ should be directed in writing to the person named below (the “City Representative”). Information obtained from any person or source other than the City Representative may not be relied upon. Acting Purchasing & AP Manager Address: Fax: Telephone: Email for PDF Files: City of Surrey 6645 – 148th Street Surrey, British Columbia V3S 3C7 604-599-0956 604-590-7274 purchasing@surrey.ca Inquiries should be made no later than 7 days before the Closing Time. The City reserves the right not to respond to inquiries made within 7 days of the Closing Time. Inquiries and responses will be recorded and may be distributed to all Respondents at the discretion of the City. 2.5 Addenda If the City determines that an amendment is required to this request for SOQ, the City Representative will post a written addendum on the City Website that will form part of this SOQ. Upon submitting a Response Respondents will be deemed to have received notice of all addenda. 2.6 Opening of SOQ’s The City intends to open Responses in private but reserves the right to open Responses in public at its sole discretion. 2.7 Status Inquiries All inquiries related to the status of this SOQ should be directed to the City Website and not to the City Representative. 2.8 Amendments to Responses Responses may be revised by written amendment, delivered to the location set out above, at any time before the Closing Date. 3. COMPETITIVE SELECTION PROCESS This section describes the process that the City expects to use in the selection of a Preferred Proponent. The anticipated Competitive Selection Process includes two stages: the SOQ stage; and the RFP stage. 03 3.1 SOQ Stage The objective of the SOQ stage, in the absolute discretion of the City, is to create a shortlist of up to three (3) Proponents. A Respondent’s eligibility to be shortlisted is conditional upon the Respondent having successfully demonstrated to the satisfaction of the City, in the City’s absolute discretion, that the Respondent is one of the best qualified, applying the criteria set out in Section 4.2. The City will give notice in writing to those Respondents whose Response is under consideration by the City, in the absolute discretion of the City, as one of the potential highest ranking Responses. Only Respondents who have received the above-referenced notice in writing from the City will be eligible to be shortlisted and proceed to the next stage of the Competitive Selection Process. 3.2 RFP Stage The objective of the RFP stage is to select the Preferred Proponent who may be offered the opportunity to enter into an Agreement. The RFP stage may include interactive discussions relating to technical and commercial matters through interviews in accordance with the terms of the RFP, to allow Proponents to provide comments on Project-specific issues raised through the process. The RFP stage will allow Proponents the opportunity to provide technical and financial aspects of the Project. The RFP submission is expected to include, but not limited to, the following: (i) Description of the Services: to be provided, including healthy menu selections, types of services, and customer service procedures; (ii) Providing Concession Equipment: Detailed description of concession equipment, installation, maintenance and services sufficient to reasonably satisfy the needs of the Park patrons; (iii) Concession Performance: Satisfy all other conditions and requirements imposed on the concessionaire by the City; (iv) Staffing, Training and Supervision: Staff the premises with sufficient, well trained staff to reasonably serve the needs of customers in a safe and efficient manner; (v) Prices, Portions and Retail Prices: Prices, portions and/or retail prices shall be mutually agreed from time to time; (vi) Vacating Premises: Close-out procedure(s) (removal of concessionaires’ property, dispose of same and clean-up of premises; (vii) Finances and Payments: Concessionaire shall make scheduled monthly concession fee payments to the City; and, (viii) Reports: Concessionaire shall make monthly reports of gross sales. 04 3. STATEMENT OF QUALIFICATIONS SUBMISSION FORM AND CONTENT 3.1 Electronic Format Responses are to be sent in electronic pdf file format to the City of Surrey as follows: Email to: purchasing@surrey.ca Subject line: SOQ #1220-50-14-10 Electronic submissions on CD may also be delivered to City of Surrey, Purchasing, 6645 – 148th Street, Surrey, BC Canada, V3S 3C7 Attention: Acting Purchasing & AP Manager. Please reference ‘EOI# 1220-50-05-10’ on the CD label. 3.1 Response Form and Content Respondents are encouraged to provide input that demonstrates how their concept will support the park’s purpose. Any viable option will be considered. Please submit responses to the points as set out in Attachment #2. Please indicate in your submission whether you would like the City to retain your contact information and notify you of future business opportunities. Within 90 days of the submission date the City will provide a description of the next steps in the process and notify all Respondents by email and/or fax, and/or mail. All submissions received in accordance with the foregoing will be reviewed, and the prequalification of firms shall be solely at the discretion of the City of Surrey. Businesses with unsettled legal disputes with the City will not be considered. The companies submitting for pre-qualification will be notified if they have qualified for addition to the list of pre-qualified firms for possible invitation to submit detailed project proposals. The “Qualification Statement” may be supplemented by additional information as the business sees fit. The submission should confirm the financial, staff, equipment capabilities and performance capabilities of the business. Adequate bonding, and professional liability insurance will be required for this project. The submission should outline demonstrated expertise and experience in the areas described in the scope of services complete with current and past project locations and complete references for those projects. The City reserves the right to review similar works completed by your business that may or may not appear in your references. 3.2 Signature The legal name of the person or firm submitting the SOQ should be inserted in the SOQ. The SOQ should be signed by a person authorized to sign on behalf of the Contractor as follows: (a) If the Contractor is a corporation then the full name of the corporation should be included, together with the names of authorized signatories. The SOQ should be executed by all of the authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the SOQ on behalf of the corporation is submitted; (b) If the Contractor is a partnership or joint venture then the name of the partnership or joint venture and the name of each partner or joint venturer should be included, and each partner or joint venturer should sign personally (or, if one or 05 more person(s) have signing City for the partnership or joint venture, the partnership or joint venture should provide evidence to the satisfaction of the City that the person(s) signing have signing City for the partnership or joint venture). If a partner or joint venturer is a corporation then such corporation should sign as indicated in subsection (a) above; or (c) If the Contractor is an individual, including a sole proprietorship, the name of the individual should be included. 4. EVALUATION AND SELECTION 4.1 Evaluation Team The evaluation of Responses will be undertaken on behalf of the City by the Evaluation Team. The Evaluation Team may consult with others including City staff members, third party consultants and references, as the Evaluation Team may in its discretion decide is required. The Evaluation Team will give a written recommendation for the selection of a Preferred Respondent or Preferred Respondents to the City. 4.2 Evaluation Criteria The Evaluation Team will compare and evaluate all Responses to determine the Respondent’s strength and ability to provide the Services in order to determine the Response(s) which is/are most advantageous to the City, using the criteria as outlined in Attachment #2. The Evaluation Team will not be limited to the criteria referred to above, and the Evaluation Team may consider other criteria that the team identifies as relevant during the evaluation process. The Evaluation Team may apply the evaluation criteria on a comparative basis, evaluating the SOQ by comparing one Respondent's Response to another Respondent’s Response. All criteria considered will be applied evenly and fairly to all Responses. The City is not obligated to complete a detailed evaluation of all Responses and may, in its discretion, after completing a preliminary review of all the Responses, discontinue detailed evaluation of any Respondent who, when compared to the other Respondents, the City judges is not in contention to be shortlisted. 4.3 Litigation In addition to any other provision of this SOQ, the City may, in its absolute discretion, reject a SOQ if the Respondent, or any officer or director of the Respondent submitting the SOQ, is or has been engaged directly or indirectly in a legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. In determining whether or not to reject a SOQ under this section, the City will consider whether the litigation is likely to affect the Respondent’s ability to work with the City, its consultants and representatives and whether the City’s experience with the Respondent indicates that there is a risk the City will incur increased staff and legal costs in the administration of a contract if it is awarded to the Respondent. 4.4 Additional Information The Evaluation Team may, at its discretion, request clarifications or additional information from a Respondent with respect to any SOQ, and the Evaluation Team may make such 06 requests to only selected Respondents. The Evaluation Team may consider such clarifications or additional information in evaluating an SOQ. 4.5 Interviews The Evaluation Team may, at its discretion, invite some or all of the Respondents to appear before the Evaluation Team to provide clarifications of their SOQ. In such event, the Evaluation Team will be entitled to consider the answers received in evaluating Responses. Interviews may be conducted in person or by conference call. 5. GENERAL CONDITIONS 5.1 No City Obligation This SOQ is not a tender and does not commit the City in any way to select a preferred Respondent(s), or to proceed to negotiations for an Agreement, or to award any Agreement and the City reserves the complete right to, at any time, reject all Responses, and to terminate this SOQ process. 5.2 Respondent's Expenses Respondents are solely responsible for their own expenses in preparing and submitting a SOQ, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this SOQ. The City and its representatives, agents, consultants and advisors will not be liable to any Respondent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Respondent in preparing and submitting a SOQ, or participating in negotiations for a Contract, or other activity related to or arising out of this SOQ. 5.3 No Contract By submitting a SOQ and participating in the process as outlined in this SOQ, Respondents expressly agree that no contract of any kind is formed under, or arises from this SOQ prior to the signing of a formal written Contract. 5.4 Conflict of Interest A Respondent shall disclose in its SOQ any actual or potential conflicts of interest and existing business relationships it may have with the City, its elected or appointed officials or employees. The City may rely on such disclosure. 5.5 Solicitation of Council Members, City Staff and City Consultants Respondents and their agents will not contact any member of the City Council, City staff or City Consultants with respect to this SOQ, other than the City Representative named in section 2.6 at any time prior to the award of an Agreement or the cancellation of this SOQ. 5.6 Confidentiality All submissions become the property of the City and will not be returned to the Respondent. All submissions will be held in confidence by the City unless otherwise required by law. Respondents should be aware the City is a "public body" defined by and subject to the Freedom of Information and Protection of Privacy Act of British Columbia. 07 SCHEDULE A SCOPE OF SERVICES 1. The Opportunity The City of Surrey, Parks, Recreation & Culture Department, Parks Division – North (PRC) is seeking a highly qualified seasonal concession contractor(s) to provide food and beverage services to the public at Holland Park only. The park is located south of Old Yale Road, west of King George Boulevard, and north of 96B Avenue. This Statement of Qualifications – Expression of Interest (the “SOQ”) represents a solicitation by PRC for services. This SOQ is intended to encourage Respondents to clearly show that they are qualified to provide food and beverage service in a consistent and revenue positive manner. Each Respondent must clearly identify that they have all the necessary skills, equipment, staffing and experience to provide seasonal concession operations, food safety practices, contract relations and demonstrate financial stability. To develop an appreciation of the potential concession opportunities at the Holland Park, interested parties are encouraged to visit the Park and tour the existing concession facility. The City is currently in the process of prospectus development for several long-term concession contracts, including the operations described above. The City will consider the responses to this SOQ to plan for the use of the facility for a three year period starting the spring of 2011. The City may also consider issuing temporary concession contracts or assigning sub-concessioners for some areas of the park. Temporary concession contracts and sub-concession contracts offer an excellent opportunity for entities to become familiar with City concession contracting. In 2010 approximately 16,000 attended annual seasonal events and an additional 7,500 people visited the park during non event summer days. The seasonal events are expected to be reoccurring in future years. Given that 2010 was a special year for events at Holland Park attendance is uncertain for future years. 2. Considerations The City will retain ownership of the park concession assets and grant to a Concessionaire a right of use for a long-term period. The Concessionaire will be required to maintain the concession building to an agreed operating standard throughout the concession period. The Concessionaire will be expected to provide park patrons with to a range of food and beverage items and may not convert the concession to an exclusive use arrangement. 08 Additionally, the use must follow all applicable local, provincial and federal laws, such as health, safety, food handling, and labour and environment law. Uses must be compliant with environmental and park use policy. The City may require a performance bonds or other forms of security from Concessionaires for the proper maintenance of the capital assets over the life of the concession. The Concessionaire will be required to obtain and retain insurance cover at its own expense, as is commercially appropriate and agreed with the City, commensurate with the level of risk exposure under the Concession Contract. Proponents will be required in their responses to a Request For Proposals to bid a rental payable for the use of the concession property. Prior to the commencement of operations, all Concessionaires will be required to obtain permits from the City. 09 ATTACHMENTS: 1. PHOTOGRAPHS – HOLLAND PARK CONCESSION BUILDING Note: attached a few photo’s that might help give prospective vendors a sense of what they can expect in terms of the space To view/print photographs please go to the ftp link below, enter the logon and password when prompted, locate folder 1220-50-14-10 and proceed. To view this FTP site in Windows Explorer, click Page, and then Open FTP Site in Windows Explorer. ftp://ftp.surrey.ca Log on: pur Password: welcome 2. RESPONDENT’S TECHNICAL RESPONSE QUESTIONS 10 ATTACHMENT #2 – RESPONDENT’S TECHNICAL RESPONSES (SOQ) [EXPERIENCE, REPUTATION AND RESOURCES] Section No. 1. Title Respondent’s Experience, Reputation and Resources Contents A description of your interest in use of the Facility; Location of branches, background, stability, structure of Respondent; Respondent’s relevant experience and qualifications in delivering Services similar to those contemplated by the SOQ (e.g. (a) how long has this organization been in the concessions business; (b) Describe the services. For example menus, products, type of services, unique challenges, customer service enhancements, healthy menu selections, etc.); Respondent’s demonstrated ability to provide the Services; Respondent’s equipment servicing resources, capability and capacity, as relevant; Respondent’s business references (name, address and telephone number, number of year your organization has served this client, describe the services, for example menus, products, type of services, unique challenges, customer service enhancements, etc.). The City preference is to have a minimum of three references for whom you currently provide concession services; Respondent’s financial strength (with evidence such as financial statements, bank references); and, Respondents should provide information on the background and experience of all key personnel proposed to undertake the Services. 11