274-3-MSCO-2024.pdf

(v.07/10/23)

Request for Qualifications (RFQ)

Request for Qualifications #274-3-MSCO-2024

Title: Moore Square Café Operation

Issue Date: April 9, 2024

Due Date: May 10, 2024 not later than 5:00PM EST

*LATE PROPOSALS WILL NOT BE ACCEPTED*

Issuing Department: PRCR

Direct all inquiries concerning this RFQ to:

Douglas Porter Historic Sites Program Director Email: douglas.porter@raleighnc.gov

2 (v.07/10/23)

Table of Contents

1. Introduction

1.1. Purpose

1.2. Background

1.3. RFQ Timeline

1.4. Questions

1.5. Submittal Requirements and Contact Information

1.6. Rights to Submitted Material

1.7. Communications

1.8. Lobbying

1.9. Conflicts of Interest

1.10. Proposer Expenses

1.11. Proposer Acceptance

2. Qualifications Package

2.1. Request for Qualifications Required Document Format

2.2. Hourly Rates

2.3. Qualifications Package Documents

3. Proposal Evaluation

3.1. Evaluation Criteria

3.2. Final Selection

3.3. Notice to Proposers Regarding RFQ Terms & Conditions

3.4. License Agreement Term……………………………………………..11

4. Scope of Services

Appendix I – Map of Licensed Area

Appendix II – Proposer Questionnaire

Appendix III – Reference Questionnaire (Instructions)

Appendix III – Reference Questionnaire Form

Appendix IV – Contract Standard Terms & Conditions

Appendix V – Exceptions to RFQ

Appendix VI – Service Obligations………………………………………………..33

Appendix VII – Anticipated License Fee Schedule…………………………….34

INTRODUCTION

1.1 Purpose

The City of Raleigh is seeking a partner to operate the café space at Moore Square.

The café includes a 635 square foot building with 251 square feet of frontage and 384 square feet of kitchen space, accompanied by a 1,675 square foot outdoor seating area. At $25 per square foot rent, the space is available at well-below market rate, with most utilities covered by the City of Raleigh. All food concept proposals welcome! Moore Square is open to the public daily from 6am-11pm; the café may not operate outside of these hours.

A modern amenity in one of Raleigh’s most historic locations. On the front end, the 635 square foot building includes a dedicated servery, designed for both walk-in and window service. The back of the house consists of a kitchen already equipped with a fume exhaust hood and grease trap interceptor, as well as hand, food prep, and dishwashing sinks. The City of Raleigh can assist with additional upfit costs and rent abatements, to be negotiated with the selected operator.

Guests dine al fresco in the heart of downtown. The City of Raleigh will work with the vendor to improve and maximize the existing 1,675 square foot outdoor seating area to better define the space in support of the café and its guests. Possibilities include creative partitioning and lighting to distinguish the area and provide ambiance for diners, whether grabbing a quick bite or lingering over a meal. Diners are also able to enjoy beer and wine on the outdoor patio, should the café operator choose to sell alcohol.

Opportunity abounds and “Moore” is on the way. Moore Square is an active urban park staffed seven days a week with regular programming for all ages. In 2023, approximately 112,500 patrons attended over 80 Moore Square events, including Jazz in the Square, First Friday movies, Hopscotch, and sports viewing parties, just to name a few. Moore Square anticipates a record-breaking year in 2024, with an expanded special event and program calendar. Moore Square invites the café operator to partner in these initiatives, as well as to participate in idea generation for future concepts.

Exciting developments are on the horizon for the Moore Square District. Loden Properties is currently planning redevelopment of parcels directly east and south of Moore Square. This major renovation includes the construction of 560-590 residential units, a 150- 160 room boutique hotel, 22,000 square foot grocery, 5,500 square feet for retail and dining, and 25,000 square feet of studio space for co-working, audio production, and art. These new buildings will substantially increase foot traffic – and customers – in the years ahead.

And Moore Square is already surrounded by some of the most popular destinations in Raleigh. On the north end, Marbles Kids Museum sees over 680,000 visitors each year. And on the southern end of the square, City Market features some of the best galleries, art studios, shopping, and bars in the city.

Downtown is on the Rise! Among the 25 largest urban office markets, Raleigh has the third lowest vacancy rate. In 2023, 3,221 downtown residential units were under construction or delivered; there was a net gain of 31 storefront businesses downtown; and weekday foot traffic rose by 4% year-on-year.

Be a part of Moore Square’s evolving story. Designated in the 1792 city plan, Moore Square is one of Raleigh’s most important historic sites and has been central to Raleigh’s story for over 230 years. At the same time, Moore Square is a modern urban park with an eye toward the future. The Café Operator will have the unique opportunity to contribute to the Square’s rich and vibrant future!

The City of Raleigh, NC is soliciting proposals to identify individuals and/or businesses qualified to operate a café concession space at Moore Square. This RFQ is designed for those interested in creating a licensor/licensee relationship to operate a food service concession within the City-owned café space located at the park at 200 South Blount Street, Raleigh, NC. The selected operator will operate the café according to the terms and conditions as outlined in this RFQ and the subsequent license agreement signed by the selected operator. Notwithstanding any reference to a contract or lease in this RFQ, the City intends to execute a license agreement with a selected operator allowing the selected operator to operate a food service concession within the café space in Moore Square in accordance with the rights and obligations of each party to the license agreement. The City will not convey any property interest in any part of Moore Square to the selected operator from this RFQ process.

A detailed scope of services is provided in Section 4 of this document.

All information related to this solicitation, including any addenda, will be posted to the North Carolina electronic Vendor Portal (eVP) at https://evp.nc.gov/.

All questions related to this solicitation must be submitted in writing (via email) to the following individual:

Contact Name Email Address

Douglas Porter douglas.porter@raleighnc.gov

Questions submitted via telephone will not be answered.

1.2 Background

The City of Raleigh, the Capital City of North Carolina, remains one of the fastest growing areas in the country. A great economy, top educational institutions, and exceptional health care facilities are some of the characteristics that attract people to the triangle area. The mild climate, diverse work force and proximity to Research Triangle Park combine to make Raleigh a great place to live.

Raleigh is a 21st Century City of Innovation focusing on environmental, cultural, and economic sustainability. The City conserves and protects our environmental resources through best practice and cutting-edge conservation and stewardship, land use, infrastructure https://evp.nc.gov/ mailto:douglas.porter@raleighnc.gov and building technologies. The City welcomes growth and diversity through policies and programs that will protect and enhance Raleigh’s existing neighborhoods, natural amenities, history, and cultural and human resources for future generations. The City leads to improve quality of life for neighborhoods and standard of living for all citizens. The City works with universities, colleges, citizens, and local partners to promote new technology, create new job opportunities, and encourage local businesses and entrepreneurs. The City enlists and prepares 21st Century staff with the skill sets to carry out the duties of the City through transparent civic engagement and by providing the very best customer service to our citizens.

In 2019 the City of Raleigh completed a major renovation of Moore Square that included the construction of a café pavilion and adjacent restrooms, as well as significant ground and overall site improvements. For the purposes of this RFQ, the café pavilion which is intended to be licensed to the selected operator, including the climate controlled building (“Licensed Building”) and appurtenant outdoor seating area for the selected operator’s patrons (“Licensed Outdoor Seating Area”), is referred to collectively as the “Licensed Area.” A map of the layout of the Licensed Area is attached to this RFQ as Appendix I.

The Licensed Building is approximately 635 square feet and will be provided in a warm shell condition with the following City-owned fixtures installed for the operator’s use: one (1) fume exhaust hood, three (3) hand sinks, one (1) food prep sink, one (1) three-compartment dishwashing sink, and one (1) grease trap interceptor. The café does not have interior seating, but seating is available on the outdoor plaza and throughout the park. The Licensed Outdoor Seating Area is approximately 1,675 square feet.

Moore Square is one of five original squares designated in the 1792 plan for Raleigh, and since then has been a destination for a variety of purposes including gathering, recreation, and reflection. As such, Moore Square is one of the city’s most important historic sites.

Proposals with concepts that reflect this history are encouraged. In addition to the historical significance of Moore Square, the park is centrally located in one of the fastest-growing areas of the City. Situated within Raleigh’s Downtown Municipal Services District and two blocks east of Fayetteville Street, Moore Square enjoys constant utilization as a public space to relax and recreate, as a venue for downtown festivals and events, and as a host to artistic and cultural expression. Over 13,000 new residential units and 2,700 hotel rooms have been completed or are proposed in the downtown area since 2015. The selected operator should expect to benefit from, and respond to, this welcomed growth and activation.

1.3 RFQ Timeline

Provided below is a list of the anticipated schedule of events related to this solicitation. The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the project. All times shown are Eastern Time (ET):

RFQ Process Date and time

RFQ Advertisement Date April 9, 2024

Pre-Submittal Conference April 19, 2024, 10am, Moore Square

Deadline for written questions April 24, 2024

City Response to Questions (anticipated) April 30, 2024

Submittal Due Date and Time May 10, 2024

Evaluation Meeting (anticipated) May 15, 2024

Interviews (if required) May 20-24, 2024

Selection Announcement (tentative) May 31, 2024

1.4 Questions

Requests for clarification and questions to this RFQ must be received by the City not later than the date shown above in Section 1.3 RFQ Timeline, for the submittal of written inquires.

The firm’s failure to request clarification and submit questions by the date in the RFQ Timeline above shall be considered to constitute the firm’s acceptance of all City’s terms and conditions and requirements.

The City shall issue addenda reflecting questions and answers to this RFQ, if any, and shall be posted to North Carolina electronic Vendor Portal (eVP). No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise in connection with this RFQ, shall be considered authoritative or binding. Respondents shall be entitled to rely only on written material contained in an Addendum to this RFQ.

It is important that all Respondents submitting to this RFP periodically check eVP for any Addenda. It is the Respondents responsibility to ensure that all addenda have been reviewed and, if required signed and returned.

All questions related to this solicitation must be submitted in writing (via email) to the following individual:

Contact Name Email Address

Douglas Porter douglas.porter@raleighnc.gov

Questions submitted via telephone will not be answered.

1.5 Submittal Requirements and Contact Information

Submittals must follow the format as defined in Section 2 Qualifications Package and be addressed and submitted as follows:

https://evp.nc.gov/ https://evp.nc.gov/ mailto:douglas.porter@raleighnc.gov

DELIVERED BY US POSTAL SERVICE

MAIL:

DELIVERED BY OTHER DEIVERY

SERVICES:

City of Raleigh City of Raleigh

ATTN: Douglas Porter ATTN: Douglas Porter

PRCR Department PRCR Department

222 W. Hargett Street 222 W. Hargett Street Raleigh, NC 27602 RFQ No. 274-3-MSCO-2024

Raleigh, NC 27602 RFQ No. 274-3-MSCO-2024

Submittals must be enclosed in a sealed envelope or package and clearly marked with the name of the submitting company, the RFQ number and the RFQ Title.

Proposers must submit:

A. one (1) signed original;

B. one (1) electronic version of the signed original;

C. and three (3) copies of the signed proposal.

The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a flash drive. Both hard copy and electronic versions must be received by the City on or before the RFQ date and time provided in Section 1.3 RFQ Timeline. Proposals received after the RFQ deadline above will not be considered and will be returned unopened to the return address provided on the submission envelope.

All information in your proposal is considered a public record except for material which qualifies as “trade secret” information under N.C. Gen. Stat. 66-152 et. seq. To properly designate material as trade secret under these circumstances, each Proposer must take the following precautions: (a) any trade secrets submitted by a Proposer should be submitted in a separate, sealed envelope marked “Trade Secret-Confidential and Proprietary Information-Do Not Disclose Except for the Purpose of Evaluating this Proposal,” and

(b) the same trade secret/confidentiality designation should be stamped on each page of the trade secret materials contained in the envelope. Pricing information may not be considered as a trade secret. Any Proposer that designates its entire Proposal as a trade secret may be disqualified and Proposers are advised to consult with a North Carolina attorney before submitting any information to the City that the Proposer intends to be considered a trade secret under State law.

Any requirements in the RFQ that cannot be met must be indicated on Appendix VI:

Exceptions to the RFQ and submitted with the qualifications. Proposers must respond to the entire Request for Qualifications (RFQ). Any incomplete submittal may be eliminated from competition at the discretion of the City of Raleigh. The City reserves the right to reject any or all submittals for any reason and to waive any informality it deems in its best interest.

Submittals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the Firm elects to mail in its response, the Firm must allow sufficient time to ensure the City’s proper receipt of the package by the time specified in Section 1.3 RFQ Timeline. Regardless of the delivery method, it is the responsibility of the Firm to ensure that their response arrives at the designated location specified in this Section 1.6 by the due date and time specified in Section 1.3 RFQ Timeline.

1.6 Rights to Submitted Material

All qualification packages and supporting materials, as well as correspondences relating to this RFQ, shall become the property of the City. The content of all submittals will be held confidential until the selection of the firm is made. Qualifications will be reviewed by the Evaluation Team, as well as other City staff and members of the general public who submit public record requests. Any proprietary data must be clearly marked. In submitting qualifications, each submitting firm/company agrees that the City may reveal any trade secret materials contained in such submittal to all City staff and City officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the City to assist in the selection process. Qualification submittals marked entirely as “confidential”, “proprietary”, or “trade secret” will be considered non-responsive and will be removed from the evaluation process.

1.7 Communications

All communications of any nature regarding this RFQ with any City staff or evaluation committee members are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.1 Purpose, prior to the deadline provided in Section 1.3 RFQ Timeline. Violation of this provision may result in the firm’s proposal being removed from consideration.

1.8 Lobbying

By responding to this solicitation, the firm certifies that is has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a License Agreement as a result of this RFQ.

1.9 Conflicts of Interest

City of Raleigh License Agreements are controlled by three conflict of interest provisions.

First, federal procurement standards provide in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting, N.C.G.S. § 14-234(a) states:

(1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves.

City of Raleigh Charter Section 3.9 regulates private transactions between the City and its officials and employees. The Charter states:

No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may be purchased by the City of Raleigh, by rebate, gift, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the uses of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly, or through or jointly with any other person.

1.10 Proposer Expenses

The City of Raleigh will not be responsible for any expenses incurred by any Proposer in the development of a response to this Request for Qualifications or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Proposer even if the awarding authority for each entity has formally accepted a recommendation.

1.11 Proposer Acceptance

Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFQ unless clearly and specifically noted otherwise on Appendix VI Exceptions to RFQ and submitted with proposal. The City of Raleigh has the sole discretion and reserves the right to cancel this RFQ, and to reject any and all proposals, to waive any and all informalities and/or irregularities, if it is deemed to be in the City of Raleigh’s best interests to do so. The City of Raleigh reserves the right to accept or reject any or all of the items in the proposal, and to award the License Agreement in whole or in part and/or negotiate any or all items with individual Firms if it is deemed in the City of Raleigh’s best interest. Moreover, the City of Raleigh reserves the right to make no selection if proposals are deemed not in the best interest of the City of Raleigh.

2 QUALIFICATIONS PACKAGE

Submittal responses must follow the format outlined below. The City may reject as non-responsive at its sole discretion any submittal that does not provide complete and/or adequate responses or departs in any substantial way from the required format.

2.1 Request for Qualifications Required Document Format

Responses should be divided using tabs to separate each section, listed sequentially as follows:

Tab 1: Cover Letter Provide an introduction letter summarizing the unique qualifications of your firm to meet the needs of this project. This letter should be presented on the firm’s official letterhead and signed by an authorized representative who has the authority to enter into a contract with the City on behalf of the firm. Include the name, address, telephone and email address of the individual who serves as the point of contact for this solicitation.

Tab 2: Corporate Background and Experience

Description of experience in fully managing a business of the nature of this opportunity. In addition to satisfying the Reference Questionnaire Form requirements of Appendix III, the City encourages proposers to submit letters of reference.

Tab 3: Financial Information Review and provide one of the following three (3) financial statement options:

1. Recent audited or reviewed financial statements prepared by an independent certified public accountant (CPA) that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the audited or reviewed financial statements were prepared more than six (6) months prior to the issuance of this RFQ, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures from the date of the audited or reviewed financial statements to the end of the most recent financial reporting period (i.e., the quarter or month preceding the issuance date of this

RFQ)).

OR

2. Recent compiled financial statements prepared by an independent CPA that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the compiled financial statements were prepared more than three (3) months prior to the issuance of this RFQ, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures to date), and other evidence of financial stability such as most recently filed income tax return, evidence of a line of credit/loans/other type of financing with statement of amount in use/outstanding balance (e.g., a complete copy commitment letter, loan agreement, billing statement reflecting the line of credit or statement from lender acknowledging the commitment to fund the Proposer’s stated financing), personal guaranty with copies of personal income tax filing and statement of net worth or such other evidence that is accurate, reliable and trustworthy regarding the Proposer’s financial stability.

OR

3. Include a certified, signed statement from a licensed CPA regularly engaged in the review of the firm’s financial information verifying the financial viability of the firm.

All financial information, statements and/or documents provided in response to this solicitation shall be kept confidential to the extent permitted by North Carolina law provided that EACH PAGE is marked as follows: “CONFIDENTIAL – DO NOT

DISCLOSE EXCEPT FOR THE EXPRESS PURPOSE OF PROPOSAL

EVALUATION.“

“Recent” shall be defined as financial statements that were prepared within the 12 months preceding the issuance date of this RFQ.

Consolidated financial statements of the Proposer’s parent or related corporation/business entity will not be considered, unless: (1) the Proposer’s actual financial performance for the designated period is separately identified in and/or attached to the consolidated statements; (2) the parent or related corporation/business entity provides the State with a document wherein the parent or related corporation/business entity will be financially responsible for the Proposer’s performance of the License Agreement and the consolidated statement demonstrates the parent or related corporation’s/business entity’s financial ability to perform the License Agreement, financial stability and/or such other financial considerations identified in the evaluation criteria; and/or (3) Proposer provides its own internally prepared financial statements and such other evidence of its own financial stability identified above.

The firm’s failure to provide any of the above-referenced financial statements may result in the proposal being removed from consideration. Proposers are also encouraged to explain any negative financial information, and to provide documentation supporting those explanations and demonstrating the financial strength of the firm.

Tab 4: Project Understanding, Approach and Schedule Provide a comprehensive narrative and/or outline demonstrating the firm's understanding and approach to accomplishing the tasks and addressing the considerations outlined in the Scope of Work section of this RFQ.

Tab 5: Team Firm, Experience and Certifications/Qualifications This section must include the proposed staffing, deployment and firm of personnel to be assigned to this project. The Proposer shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. A project-specific firm chart which clearly illustrates the roles, responsibilities, and the reporting relationships of each team member should be included.

2.2 Qualifications Package Documents

This RFQ is comprised of the base RFQ document, any attachments, and any addenda released before License Agreement award. All attachments and addenda released for this RFQ in advance of any License Agreement award are incorporated herein by reference.

3 PROPOSAL EVALUATION

3.1 Evaluation Criteria

This is not a bid. There will not be a public opening. A selection panel will review all proposals comprehensively to identify the most qualified proposal. Submittals will be evaluated based on criteria including the firm’s experience, proposed concept and/or menu, proposed product selection and/or pricing, and proposed operations plan. Specific consideration will be given to proposals that show an understanding of food service needs in downtown Raleigh, specifically in the Moore Square vicinity. Specific consideration will also be given to proposals that indicate an appreciation for the history of Moore Square, as well as a commitment to Moore Square and the downtown community moving into the future.

3.2 Final Selection

Qualifications will be reviewed after opening and will be ranked in order of choice, at which point license agreement negotiations will begin with the most qualified firm. If negotiations are unsuccessful, the City will then pursue negotiations with the next most qualified firm.

The City shall not be bound or in any way obligated until both parties have executed a license agreement. The City also reserves the right to delay the award of a license agreement or to not award a license agreement.

The terms and conditions and specifications of the RFQ, including the firm’s fee proposal, and/or written correspondence applicable to the RFQ, may become part of the license agreement documents. Failure of the awarded firm to perform as represented may result in termination of the license agreement.

3.3 Notice to Submitting Firms Regarding RFQ Terms and Conditions It shall be the Submitting Firm’s responsibility to read the Instructions, the City’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFQ, and to comply with all requirements and specifications provided herein. Submitters are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFQ.

4 SCOPE OF SERVICES

The Café operation is a key component to the overall character of the park. The selected proposer will be required to satisfy the following conditions as a part of the concession operations:

1) Personnel

The operator will be responsible for hiring the necessary personnel to conduct the daily operation of the café as a family and child-friendly environment. The selected operator will be required to complete background checks on all operator employees, and make the results of those background checks available to the City upon request. The Firm will comply with all federal, state, and local laws related to the employment of persons and the operation of a food service establishment, including but not limited to laws concerning: minimum wage, social security, nondiscrimination, ADA, unemployment compensation, and workers’ compensation. State and local regulations regarding food preparation and food handling will also be followed by all employees without fail. Any deficiencies or health code violations as noted by health inspectors may, in the discretion of the City, serve as grounds for immediate termination of the concession License Agreement. Operator employees shall wear a uniform and/or identification badge and deliver the highest level of customer service to all patrons.

2) Operating Hours

Moore Square is open to the public daily from 6am-11pm (“Park Operating Hours”). The park is staffed daily from 9am-8pm (“summer hours”) and 9am-6pm (“winter hours”). “Staffed Hours” are subject to change.

The operator should propose a regular schedule that ensures that its patrons are not expected to be present within the Licensed Area outside of the Park Operating Hours (for example, opening and closing times should leave at least an hour’s buffer with the outer limits of the Park Operating Hours), and in no event should the Firm expect to operate outside of Park Operating Hours. A sample schedule of operation is included below:

Jan Feb March April May June July Aug Sept Oct Nov Dec

Mon. 10am-2pm 10am-2pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-2pm

Tue. 10am-2pm 10am-2pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-2pm

Wed. 10am-2pm 10am-2pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-2pm

Thu. 10am-2pm 10am-2pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-5pm 10am-2pm

Fri. 10am-5pm 10am-5pm 10am-5pm 10am-8pm 10am-8pm 10am-8pm 10am-8pm 10am-8pm 10am-8pm 10am-5pm 10am-5pm 10am-5pm

Sat. 10am-5pm 10am-5pm 10am-5pm 10am-8pm 10am-8pm 10am-8pm 10am-8pm 10am-8pm 10am-8pm 10am-5pm 10am-5pm 10am-5pm

Sun. 10am-5pm 10am-5pm 10am-5pm 10am-8pm 10am-8pm 10am-8pm 10am-8pm 10am-8pm 10am-8pm 10am-5pm 10am-5pm 10am-5pm

The operator will be expected to be open for patrons during the hours agreed upon with the City. The City will make every effort to negotiate a schedule of hours that is reasonable for both parties. A responsive proposed schedule of operation will include weekdays, partial to full days on Saturdays, Sundays and most holidays, as well as evening events and programs.

Special events also occur on a regular basis within Moore Square that include the introduction of other food vendors into the park for a limited time. The selected operator will be offered the opportunity to close or remain open during these special events well in advance of their occurrence. Should the operator fail to operate the café during the hours agreed to in the resulting license agreement, the City reserves the right to revoke the agreement at any time and enter into negotiations with another operator.

City staff opens/closes the restrooms during the park’s Staffed Hours. Should the selected operator wish to open before or close after Staffed Hours, the operator would be responsible for opening and/or closing the restrooms. The operator would also be responsible for maintaining the restrooms during these times. This includes ensuring that the restrooms are cleaned in a manner agreed upon by PRCR staff.

3) Menu Items

Proposals should include your food concept with a sample menu, products and prices. The selected operator will be expected to serve quality food and drinks to meet the needs of the visiting public. Simple menu items should be offered at prices which are competitive to other food service options in the area. Alcoholic beverage sales of non-fortified spirits (beer and wine) may be offered in responding to this RFQ, however please note that Moore Square is not currently included within the City’s Sip and Stroll social district and the operator will not be allowed by the City to allow alcoholic beverages to leave the premises described in the License Agreement. The operator will be responsible for obtaining their own ABC permitting and for full compliance with the terms of the permit and North Carolina law regarding the sales of alcohol for on-premises consumption. The operator will be required to carry all applicable insurance and liability for food and beverage service, including sales of beer and/or wine if the operator chooses to serve beer or wine. As is requested in this RFQ, proposals will need to include a sample menu of products to be offered with a proposed price list corresponding to each product. Proposals are strongly encouraged to include menus that offer for sale to the public a variety of healthy choice options for food and beverages. This includes the availability of fresh fruits and fresh vegetables (locally grown encouraged), bottled water, 100% juice, beverages that contain at least 50% fruit juice with no added sweeteners, etc.

4) Operations

The Firm should provide a description of the proposed plan for the daily operation of the concession, including the roles of employees, opening and closing procedures, how employees interact with patrons, and how food products are ultimately provided to customers.

The selected operator shall be required to have the ability to accept Visa™, Mastercard™, American Express™, and debit card payments from patrons (customers) including use of point of sale (“POS”) terminals.

The selected operator will be responsible for maintaining the Licensed Building, including daily janitorial services, garbage removal, pest control, and other related cleaning responsibilities, including cooking surfaces, hoods and suppression equipment necessary for operations. A list of Service Obligations is attached to this RFQ as Appendix VIII.

All proposed operational plans should include a detailed description of environmentally friendly practices planned for the café. Welcomed practices may include, but are not limited to, the installation of ENERGY STAR appliances, the employment of energy efficient and water conservation measures, the use of low-toxicity chemicals, the use of “Green Seal” eco-friendly products, and use of biodegradable/compostable or recyclable disposable food service ware.

Operators should describe how they intend to market, promote and advertise the café to include defining the market for the services proposed and identifying competitors and unique features of the proposed project that will meet the market demands.

5) Regulations and Code Compliance

The selected operator shall comply with all federal, state and local rules and regulations regarding food handling, operation of a concession business, and any other laws that would apply to operating a similar type of business. Special attention should be paid to the regulations outlined by the State of North Carolina, Department of Environment and Natural Resources, Division of Environmental Health.

The selected operator will also ensure that all facilities meet or exceed public health standards, and cleanliness standards approved by the PRCR Director or designated representative. The Firm should include a description of its understanding of the importance and method of complying with laws, rules, and regulations applicable to food service, including the provision of beer/wine if the Firm so chooses.

6) Site History

Moore Square dates to 1792 and since then has been central, both figuratively and literally, to Raleigh’s history. While Moore Square may not appear to be a traditional historic site on the surface, it is managed by PRCR’s Historic Resources and Museums Program and emphasizing the site’s history through programming and education is an important part of the mission. Café concepts that speak to this history and interpretive initiative are encouraged.

7) Equipment

It will be the responsibility of the selected operator to provide any equipment necessary to prepare and operate the café space. The City will provide a fume hood, three (3) hand sinks, one (1) three compartment dishwashing sink, and a grease trap interceptor that will be the responsibility of the City to maintain. The City will provide ample outlets for equipment and will cover some utilities associated with the operation of the café including sewer/septic, water, electric, and gas. The selected operator will be responsible for telephone/data/network/cable TV. See list of Service Obligations attached to this RFQ as Appendix VIII.

The City will make reasonable repairs to the infrastructure of the Licensed Area and any equipment provided by the City. Equipment purchased by the City will remain the property of the City at the conclusion of the license agreement. Any additional improvements to the Licensed Area by the selected operator, to include appliances, shelving attached to the walls, painting, bulletin boards, light fixtures, or any other permanent or semi-permanent additions, will need to be approved by the Parks, Recreation, and Cultural Resources Department prior to installation. The City will provide a reasonable upfit allowance to the selected operator.

8 Signage

Operator shall not erect, construct, install, or place any signs, banners, ads, or displays (hereinafter collectively, "Signage") of any kind whatsoever upon any exterior portion of the Building or Licensed Space without prior written approval from City. Any such Signage shall comply with all local ordinances, restrictive covenants, and/or any governmental laws, rules and regulations affecting the Licensed Space. All costs associated with the maintenance or removal of such Signage shall be at the Operator's sole cost and expense.

9) Terms

The City will award this license agreement to the operator with the selected proposal for five years with the option to renew for a sixth and seventh year.

The operator that is awarded the license agreement will need to pay a monthly license fee as determined by the City for the right to exercise the license. The license fee for a month is due by the 5th of that month.

The operator that is awarded the café concession license agreement will have exclusive use of the Licensed Building and will be the exclusive “brick and mortar” provider of food and beverage service in the park, except as provided by vendors participating in special events that occur within the park. The City reserves the right to operate concession operations with city staff, volunteers, and/or additional vendors including food trucks for certain events (including those held by the Downtown Raleigh Alliance) as deemed appropriate by City staff.

17 (v.07/10/23)

APPENDIX I

MAP OF LICENSED AREA

18 (v.07/10/23)

APPENDIX II

PROPOSER QUESTIONNAIRE

The following questions must be answered, and data given must be clear and comprehensive. If necessary, questions may be answered on separate sheets. The Proposer may submit any additional information desired.

Company Name: d/b/a (if applicable)

Street / PO Box:

City: State: Zip:

Phone: Fax: E-Mail:

Website (if applicable):

Sole Proprietor Partnership Corporation Other

Number of years in business under company’s present name:

Fed Tax ID #: DUNS # Are you registered with the North Carolina Secretary of State to conduct business (if required)? (Check One) YES: NO: Not Applicable:

Are you properly licensed/certified by the Federal and/or State of North Carolina to perform the specified work?

YES: NO: Not Applicable: ATTACH COPY OF ALL APPLICABLE LICENSING/CERTIFICATION DOCUMENTS Are/will you be properly insured to perform the work? YES: NO:

Contact for this Contract: Title:

Phone: Fax: E-Mail:

Have you ever defaulted or failed on a contract? (If yes, attach details) YES: NO:

List at least three (3) references for which you have provided these services (same scope/size) in the past three years - preferably government agencies. Do not include City of Raleigh as a reference to meet the requirement of listing at least (3) references.

PROPOSERS ARE RESPONSIBLE FOR SENDING REFERENCE QUESTIONNAIRE (APPENDIX III) TO THEIR

REFERENCES.

1. Company:

Contact Person: Title:

Phone: Fax: E-Mail:

Describe Scope of Work:

2. Company:

Contact Person: Title:

Phone: Fax: E-Mail:

Describe Scope of Work:

3. Company:

Contact Person: Title:

Phone: Fax: E-Mail:

Describe Scope of Work:

4. Company:

Contact Person: Title:

Phone: Fax: E-Mail:

Describe Scope of Work:

5. Company:

Contact Person: Title:

Phone: Fax: E-Mail:

Describe Scope of Work:

The undersigned swears to the truth and accuracy of all statements and answers contained herein:

Authorized Signature: Date:

19 (v.07/10/23)

APPENDIX III

REFERENCE QUESTIONNAIRE

(Instructions)

274-3-MSCO-2024 Moore Square Café Operation

The City of Raleigh, as a part of the RFQ, requires proposing companies to submit a minimum of three (3) business references as required within this document. The purpose of the references is to document the experience of the proposer relevant to the scope of services and assist in the evaluation process.

• The Proposer is required to send the reference form (the following two pages) to each business reference listed on Proposer Questionnaire.

• The business reference, in turn, is requested to submit the Reference Form directly to the City of Raleigh Point of Contact identified on the Reference Questionnaire form for inclusion in the evaluation process.

• The form and information provided will become a part of the submitted proposal. The business reference may be contacted for validation of the response.

• It is the Proposer’s responsibility to verify their references have been received by the City of Raleigh Point of Contact by the date indicated on the reference form.

APPENDIX III

REFERENCE QUESTIONNAIRE FORM

274-3-MSCO-2024 Moore Square Café Operation

(Name of Business Requesting Reference)

This form is being submitted to your company for completion as a business reference for the company listed above.

This form is to be returned to the City of Raleigh, Douglas Porter, via email to douglas.porter@raleighnc.gov no later than 5:00p.m. ET, February 9, 2024 and MUST NOT be returned to the company requesting the reference.

For questions or concerns regarding this form, please contact the City of Raleigh, Point of Contact above.

Company Providing Reference

Contact Name and Title/Position

Contact Telephone Number

Contact Email Address

Questions:

1. In what capacity have you worked with this company in the past? If the company was under a contract, please acknowledge and explain briefly whether or not the contract was successful.

Comments:

2. How would you rate this company’s knowledge and expertise?

3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable

3. How would you rate the company’s flexibility relative to changes in the scope and timelines?

4. What is your level of satisfaction with hard-copy materials, e.g. reports, logs, etc. produced by the company?

5. How would you rate the dynamics/interaction between the company and your staff?

6. Who were the company’s principle representatives involved in providing your service and how would you rate them individually? Would you comment on the skills, knowledge, behaviors or other factors on which you based the rating?

(3= Excellent; 2= Satisfactory; 1= Unsatisfactory; 0= Unacceptable)

Name: Rating:

7. With which aspect(s) of this company’s services are you most satisfied?

8. With which aspect(s) of this company’s services are you least satisfied?

9. Would you recommend this company’s services to your organization again?

22 (v.07/10/23)

APPENDIX IV

CONTRACT STANDARD TERMS AND CONDITIONS

The contract terms provided herein shall become a part of any license agreement executed as a result of this solicitation. Any exceptions to the contract terms must be stated in the submittal. Any submission of a proposal without objection to the contract terms indicates understanding and intention to comply with the contract terms. If there is a term or condition that the firm intends to negotiate, it must be stated in the proposal. The successful firm will not be entitled to any changes or modifications unless they were first stated in the proposal.

The City of Raleigh reserves the right, at its sole discretion, to reject any or all submittal package(s) containing unreasonable objections to standard City of Raleigh contract provisions.

1. Non-Discrimination

To the extent permitted by North Carolina law, the Parties for themselves, their agents, officials, directors, officers, members, representatives, employees, and contractors agree not to discriminate in any manner or in any form based on actual or perceived age, mental or physical disability, sex, religion, creed, race, color, sexual orientation, gender identity or expression, familial or marital status, economic status, veteran status or national origin in connection with this License Agreement or its performance.

The Parties agree to conform with the provisions and intent of Raleigh City Code §4- 1004 in all matters related to this License Agreement. This provision is incorporated into the License Agreement for the benefit of the City of Raleigh and its residents and may be enforced by an action for specific performance, injunctive relief, or any other remedy available at law or equity. This section shall be binding on the successors and assigns of all parties with reference to the subject matter of the License Agreement.

2. Minority and Women Owned Business Enterprise The City of Raleigh prohibits discrimination in any manner against any person based on actual or perceived age, race, color, creed, national origin, sex, mental or physical disability, sexual orientation, gender identity or expression, familial or marital status, religion, economic status, or veteran status. The City maintains an affirmative policy of fostering, promoting, and conducting business with women and minority owned business enterprises.

3. Assignment Neither the City nor the Licensee will assign, sublet, or transfer their interest, duties, or obligations hereunder without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it create any rights or benefits to parties other than the City and the Licensee, except such other rights as may be specifically called for herein.

4. Applicable Law All matters relating to this License Agreement shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this License Agreement shall be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina, Western Division.

5. Insurance Licensee agrees to maintain, on a primary basis and at is sole…