Westwood Village Farmers Market Request for Proposals May 14, 2012

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Westwood Village Farmers Market Request for Proposals May 14, 2012 RESPOND TO: Andrew Thomas Executive Director Westwood Village Improvement Association 10880 Wilshire Blvd Suite 117 Westwood, CA 90024 Tel: (310) 470-1812 Email: andrew@westwoodvillagedistrict.com

WESTWOOD VILLAGE FARMERS MARKET REQUEST FOR PROPOSALS The Westwood Village Improvement Association (WVIA), a non-profit public benefit corporation, funded by a Property-Based Assessment District in Westwood, is seeking proposals from those interested in creating and managing a Farmers Market in the District. In its sole discretion, the WVIA reserves the right to (1) withdraw this Request for Proposals (RFP) without notice, (2) accept or reject any or all submittals, and (3) accept submittals which deviate from the RFP as the WVIA deems appropriate and in its best interest. The WVIA reserves the right to negotiate with any, all or none of the applicants responding to the RFP. Following submission, the applicant agrees to deliver such further details, information, and assurances relating to the purpose of providing a Farmers Market. Presentations regarding submissions may be required at the sole discretion of the WVIA and may include a review of current services offered at other locations. Any and all costs and expenses associated with the preparation of any report or statement in response to the RFP shall be borne by the applicant. The WVIA shall have no obligation or liability with respect to this RFP and/or this selection and award process, nor does the WVIA make any representation that an award will be made. Any recipient of this RFP who responds hereto fully acknowledges all the provisions of this disclaimer and agrees to be bound by the terms hereof. The WVIA reserves the right to use any information submitted in response to this document in any manner it deems appropriate in evaluating the services proposed. Proposals(from(interested(applicants(must(be(received(electronically(by(2:00(p.m.(on(Monday,((June( 11,(2012.(Applicants(may(be(contacted(to(present(their(proposals(to(the(WVIA(at(a(to(be(determined( date(and(time.anyquestionsregardingthisdocumentshouldbesubmittedto: Andrew Thomas, Executive Director Westwood Village Improvement Association 10880 Wilshire Blvd Suite 117 Westwood, CA 90024 (310) 470-1812 andrew@westwoodvillagedistrict.com 2

Table of Contents TABLE OF CONTENTS...3 OVERVIEW...4 AREAOFSERVICES...4 TERMSANDCONDITIONSOFTHECONTRACT...4 PROPOSALREQUIREMENTS...4 Primary'Information'...'5 Experience'and'Market'Strategy'...'5 Market'Methodology'...'5 Rules and Regulations '...'6 Personnel'...'6 INSURANCEREQUIREMENTS...7 Market'Operator s'insurance'...'7 Minimum'Limits'of'Insurance'...'7 Minimum'Scope'of'Insurance'...'8 Deductibles'and'SelfEInsured'Retentions'...'8 Other'Insurance'Provisions'...'8 Workers 'Compensation'and'Employer s'liability'...'8 All'Coverages'...'9 Acceptability'of'Insurers'...'9 Verification'of'Coverage'...'9 SubEContractors'...'9 LOGO...9 Exhibit'A:'Partial'District'Map'...'11 3

Overview The Westwood Village Improvement Association s purpose is to provide special benefits beyond those provided by the City of Los Angeles. Property owners within the WVIA boundaries (see map attached) pay a special assessment designed to fund these benefits, which focus on improving the physical and economic environment and increasing the vitality of the District. An important element to achieving this goal is to have an active, thriving farmers market in our boundaries. The primary purpose of the Westwood Village Farmers Market is to offer community members an opportunity to purchase fresh, locally grown produce and other artisan goods, provide farmers an opportunity to sell their products locally, to benefit local businesses, and to provide a festive community event which highlights the District s character as well as creates a social gathering place in the Westwood Village. The current Westwood Village Farmers Market operates every Thursday from 12 p.m. 6 p.m. and features an entertainment component during Market hours. Area of Services The Market Operator will provide the WVIA with a farmers market that operates on Broxton Avenue, between the cross streets of Weyburn (immediately south of the 1036 Broxton parking structure) and Kinross (see Map, Attachment A). Terms and Conditions of the Contract The term of this contract will be from contract execution until December 31, 2013. Thereafter, WVIA will have the option to renew said contract on a month-to-month basis for up to two (2) additional years. WVIA may terminate the contract without penalty at any time, with or without cause, by giving the Market Operator thirty (30) days prior written notice of its election to terminate. In the event the Market Operator fails to perform services or is in default under the terms of the contract, WVIA may terminate the contract immediately. The successful proposal shall be expected to comply with all applicable California Codes, Regulations, Certified Farmers Market rules, maintain a valid City Business License and meet the Insurance Requirements of the City and the WVIA. The WVIA will provide the applicable street closure permit and this cost will be reimbursed to the WVIA by the Market Operator. Proposal Requirements The proposal should be concise, well organized, and demonstrate the proposer s qualifications and experience applicable to delivering a successful market in the District. The proposal must include a discussion of the proposer s approach to the Westwood Village Farmers Market, a breakdown and explanation of project tasks, a proposed project schedule, an estimate of revenues and expenditures, documentation of the proposer s qualifications, and any other relevant materials. Proposals should include plans for providing special events that either coincide with the market, or begin at the conclusion of the market day. Proposals submitted in response to this RFP must include the following: 4

Primary Information Executive Summary of the proposal, describing important elements of the proposal Identification of the Lead Entity, including legal name and address of company and non-profit proposing to conduct the Westwood Village Farmers Market Physical address(es) of office(s) working on this project. Name, title, address, email, and telephone number of the person to serve as project manager and a proposal contact (if different). Experience and Market Strategy Description of experience in operating farmers markets, include reference contact information as applicable Description of experience in recruiting and retaining market farmers and vendors Description of any past event management experience including, but not limited to, booth arrangement, traffic flow, parking, market event set-up and take-down, and any other related information. Description of advertising and marketing philosophy and experience as it relates to farmers markets. Description of knowledge and ability to obtain all regulatory/health permits and County and State certifications applicable to the operation and management of a certified farmers market. Description of proposed market items and proposed percentages of fruits and vegetables and other raw food, prepared food, and non-food items. Description of any past special event management expertise including, but not limited to, event production. Description of revenue share with the WVIA (flat rate or percentage). Description of experience working with existing retail and restaurant merchants to include them in Market opportunities and events. Market Methodology Description of technical and management philosophy regarding the successful operation of farmers market. Description of space requirements and, if any, electrical requirements Description of proposed Market operating hours. Description of proposed project organization, including staffing and responsibilities of key personnel, and 5

availability during non-market hours. Include resumes for key personnel as attachments. Description of qualifications and experience of the individual who will act as the Market Manager including a detailed job/duties description. Market Manager must be on site during the Westwood Village Farmers Market. In the event that a Market Manager has not yet been identified, describe in detail the process for recruiting and selecting a Market Manager and include a detailed job/duties description for same as attachment. Provide a projected operational budget of costs and services proposed, including but not limited to costs associated with marketing and vendor recruitment. Provide a project timeline for services provided leading up to, and including, the opening day of the market, and throughout the operation throughout the market. Rules and Regulations Provide an organized and detailed set of Rules and Regulations for the operation of the Westwood Village Farmers Market, which should include consideration of, but is not limited to, the following: General rules for all participants Application process for vendors Process for Vendor selection and space allocation Process for vendor approval, or denial and maintenance of a waiting list Requirements for Edible Food Vending Fundraisers and Non-Profit organizations Political, Religious and other Informational Groups / First Amendment accommodation Entertainment music (including youth oriented), live performance arts, etc. Requirement for market vendors to park on the periphery of the District s boundaries Arts & Crafts Merchant Booths Include a comprehensive and green waste management system for the event, including how the requirement of No Styrofoam will be enforced, and how recycling/composting will be encouraged and supervised. Personnel 6

All personnel used by the Market Operator under this program will be employees of the Market Operator. Market Operator shall pay all salaries, insurance and expenses, all federal and state taxes. Market Operator must comply with legal requirements including the Federal Fair Labor Standards Act, Equal Opportunity Employment, and the Americans with Disabilities Act. The Market Operator, the Market Operator s employees, and its contractors and sub-contractors, shall be competent and careful workers skilled in their respective trades. The Market Operator shall not knowingly employ nor contract with any person who engages in misconduct or is incompetent or negligent in due and proper performance of his or her duties and the Market Operator must warrant the fitness of all employees. Insurance Requirements Market Operator s Insurance Prior to commencing work, the Market Operator shall procure and maintain at Market Operator s own cost and expense for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Market Operator, his agents, representatives, employees, or sub-contractors. The cost of such insurance shall be included in Market Operator s proposal. The Westwood Village Improvement Association and the City of Los Angeles shall be named as additional insured under such insurance policies and Market Operator shall provide the WVIA with Certificates of Insurance evidencing such insurance and proof of payment of insurance premiums. Market Operator must notify the WVIA within 24 hours of any cancellations of such insurance polices. Without in any way affecting the indemnity provided, the Market Operator shall secure before commencement of the work and throughout the contract the following types and amounts of insurance: Minimum Limits of Insurance Market Operator shall obtain insurance of the types and in the amounts described below (subject to modification prior to contract execution): 1) Commercial General Liability Insurance Market Operator shall maintain commercial general liability (CGL) with a limit of not less than $1,000,000 each occurrence/$2,000,000 in the annual aggregate. 2) Business Auto Liability Insurance Market Operator shall maintain business auto liability with a limit of not less than $1,000,000 each accident. 3) Workers Compensation and Employer s Liability Insurance Market Operator shall maintain workers compensation insurance as required by the State of California and Employer s Liability Insurance in the amount of $1,000,000 per accident for bodily injury or disease. 4) Property Damage 7

Market Operator shall maintain broad form property damage insurance, to include fire legal liability with a limit of not less than $50,000 per occurrence. Minimum Scope of Insurance 1) CGL insurance shall be written on Insurance Services Office form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent Market Operators, products-completed operations, personal injury and advertising injury liability assumed under an insured contract (including the tort liability of another assumed in a business contract), and explosion, collapse and underground hazards. 2) Business Auto Insurance shall cover liability arising out of any auto (including owned, hired, and non owned autos). Coverage shall be written on Insurance Services Office form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01. Deductibles and Self-Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by the WVIA. At the option of the WVIA and City of Los Angeles, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the WVIA and the City of Los Angeles, its officers, officials, employees, or volunteers; or the Market Operator shall provide a financial guarantee satisfactory to the WVIA and the City of Los Angeles guaranteeing payment of losses and related investigation, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) Westwood Village Improvement Association, its officers, officials, employees, and volunteers as well as the City of Los Angeles, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the Market Operator; and with respect to liability arising out of work or operations performed by or on behalf of the Market Operator including materials, parts or equipment furnished in connection with such work or operations. Under the CGL policy, using the Insurance Services Office additional insured endorsement form CG 20 10 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. WVIA and City and other additional insureds mentioned in this paragraph shall not, by reason of their inclusion as additional insureds, become liable for any payment of premiums to carriers for such coverage. 2) For any claims related to this project, the Market Operator s insurance coverage shall be primary as respects the WVIA, its officers, officials, employees, and volunteers, as well as the City of Los Angeles, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Los Angeles, its officers, officials, employees, or volunteers shall be excess of the Market Operator s insurance and shall not contribute with it. Workers Compensation and Employer s Liability 8

The insurer shall agree to waive all rights of subrogation against the Westwood Village Improvement Association and the City of Los Angeles, its officers, officials, employees, and volunteers for losses arising from activities and operations of Market Operator in the performance of services under the contract. All Coverages 1) Each insurance required by this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the WVIA and the City as set forth in the notice requirement of this Agreement. 2) If Market Operator, for any reason, fails to maintain insurance coverage that is required pursuant to this Contract, the same shall be deemed a material breach of contract. WVIA and the City, at its sole option, may terminate this Contract and obtain damages from the Market Operator resulting from said breach. Alternatively, WVIA and the City may purchase such coverage (but has no special obligation to do so), and without further notice to the Market Operator, WVIA and the City may deduct from sums due to the Market Operator any premium costs advanced by the WVIA and the City for such insurance. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best s rating of no less than A:6 unless otherwise approved by the City of Los Angeles s Risk Manager. Verification of Coverage Market Operator shall furnish the WVIA and the City of Los Angeles with original certificates and amendatory endorsements effecting coverage required by this section. The certificates and endorsements for each policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements should be on forms provided by the WVIA or City of Los Angeles or on other than the WVIA and City of Los Angeles s forms, provided those forms and endorsements conform to the requirements. All certificates and endorsements are to be received and approved by the City of Los Angeles before work commences. The WVIA and the City of Los Angeles reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Sub-Contractors Market Operator shall include all sub-contractors as insureds under its policies or shall furnish separate certificates and endorsements for each sub-contractor. All coverages for sub-contractors shall be subject to all of the requirements stated herein. Logo The Westwood Village Improvement Association will develop a logo for the exclusive use by the WVIA and intends to brand the Westwood Village Farmers Market accordingly. This logo shall not be used for other purposes without the written consent of the WVIA. Market Operator will not use or refer to WVIA or the District, directly or indirectly, in any advertisement, news release or release to any publication without written consent of the WVIA. 9

Attachments EXHIBIT A Partial District Map (includes Broxton Avenue between Kinross and Weyburn) 10

Exhibit A: Partial District Map 11