HomeMy WebLinkAboutRFP - 10005 On-Site Concessions for South Transit CenterRFP 10005 On-site Concessions for South Transit Center Page 1 of 53
REQUEST FOR PROPOSAL
10005 ON-SITE CONCESSIONS FOR SOUTH TRANSIT CENTER
RFP DUE: 3:00 PM MT (Mountain Time), July 24, 2024
The City of Fort Collins is requesting proposals from Concessionaires to operate a food, coffee
and non-alcoholic beverage concession at the designated concession area in the South Transit
Center (STC), located at 4915 Fossil Blvd, Fort Collins, CO 80525.
As part of the City’s commitment to sustainability , proposals must be submitted online through
the Rocky Mountain E -Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of -fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal site visit will be held at the STC at 10:00 AM MT on July 9, 2024.
All questions should be submitted, in writing via email, to Beth Diven, Buyer II at
bdiven@fcgov.com, no later than 3:00 PM MT on July 12, 2024. Please format your e-mail to
include: RFP 10005 On-site Concessions for South Transit Center in the subject line. Questions
received after this deadline may not be answered. Responses to all questions submitted before
the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city -of -fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
961-15 Concessions, Catering, Vending: Mobile and Stationary
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10005 On-site Concessions for South Transit Center Page 2 of 53
The City requires its Concessionaires to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Concessionaires and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be c onsidered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Concessionaires Registration: The City requires new Service Providers/ Professionals
receiving awards from the City to submit IRS form W-9 and requires all Service Providers/
Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the
Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these
documents with your proposal, however, if you take exception to participating in Direct Deposit
(Electronic) payments please clearly note such in your proposal as an exception. The City may
waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
RFP 10005 On-site Concessions for South Transit Center Page 3 of 53
The selected Concessionaire shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10005 On-site Concessions for South Transit Center Page 4 of 53
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins (City) is the owner and operator of the South Transit Center (STC)
at 4915 Fossil Blvd, Fort Collins, CO 80525.
In connection with the operation of this facility, the City has established a small snack bar
concession area within the STC. The concession area is approximately 216 square feet
in area (12 x 18 feet). The Transfort Department administers the transportation facility for
the City and desires to parner with a Concessionaire to provide food and beverage
services to the transit passengers using the STC facility.
• Over 600 individuals pass through the STC daily to board and deboard Transfort
buses.
• Immediately adjacent to the STC, a new apartment complex is nearing
construction completion. The complex is called “The Granary Fort Collins” and
consists of 264 luxury 1, 2, and 3-bedroom apartments. Individual units will be
available for occupancy beginning in late summer 2024.
The City expects to enter into a Concession Agreement (Agreement) with the awarded
firm or individual. This project involves Federal Transit Administration (FTA) funding and
incorporated within the Agreement are required FTA contract clauses. FTA contract clauses must be accepted without exception. The terms and conditions of the Agreement
are set forth in Section VI. The City reserves the right to include additional terms and
conditions in the Agreement as deemed necessary. The Agreement term will be f or a
period of one (1) year with up to four (4) additional one (1) year renewals. The
Concessionaire is responsible for carefully reading all the terms and conditions contained
within this RFP and attached sample Agreement including the Federal Terms and
Conditions and Insurance Requirements. Any objections/modifications to these terms and
conditions may result in rejection of the proposal.
B. Background
STC was opened to support the MAX Bus Rapid Transit (BRT) service launched in May
of 2014. The STC supports existing local and regional transit operations managed by
Transfort. The facility has an indoor customer service area located near the concession
area. Along with public access, City staff, including transit bus operators, supervisors and
customer service representatives, routinely pass through the STC throughout each
operational day. The STC parking lot has 171 parking spaces that are used as a park -
and-ride, as well as 76 bike parking spaces. The Mason bike trail runs behind the STC.
The concession area has been occupied intermittently since the STC was opened and
has been vacant since 2020. Since the concession area is small, there is limited space for
supplies and inventory.
II. SCOPE OF PROPOSAL
A. Concession Vision
Transfort’s vision is to provide a coffee and snack bar area to be managed and operated
by a private Concessionaire. The Concessionaire will provide all staffing, supplies, and
non-City supplied equipment necessary to operate the snack bar concession area. The
RFP 10005 On-site Concessions for South Transit Center Page 5 of 53
concession area will be expected to be open during normal STC operating days and hours.
The City would like to provide menu options including but not limited to coffee, tea, iced
tea, juices, soft drinks, energy and power drinks, bottled water, pre-packaged breakfast
items, salads and sandwiches. Additional drink items such as fruit smoothies or slushies
would be considered. Menu food options should at a minimum include prepared food
items and quick -heat food items using commercial kitchen tools such as a microwave
oven, toaster oven or “greaseless fryer”. However, a different philosophy on menu items
or the concession theme can be submitted and will be considered. The operation will
require a Larimer County Health Department permit, which the Concessionaire is required
to obtain at its own expense.
B. Concession Operations
1. Experience
The ideal Concessionaire should have previous experience operating a similar
concession or demonstrate sufficient skills and experience to satisfy the judgment of
the City to meet this requirement. Creative thinking people who are flexible, fiscally
responsible, cooperative, and prepared are important to the success of this operation.
In addition, Concessionaires who are financially viable and resilient are highly
desirable.
2. Meetings
Cooperation with the Project Manager and City staff is an essential element of this
operation. The Concessionaire is required to attend regular meetings with the City
Project Manager (PM) at the STC. The date, time, and frequency of the meetings are
to be determined by the PM and will take place between 8:00 am and 4:00 pm Monday
through Friday.
3. Staffing
The Concessionaire must maintain adequate and appropriate staffing levels to support
business and fiscal needs.
4. Product & Menu Pricing
a) The Concessionaire must ensure products are of high quality. Examples of poor -
quality products include, but are not limited to, outdated products and opened
containers or packages.
b) The Concessionaire shall submit to the City for review a list of all prices and items
which are to be sold at the concession area. Prices and menu items may be changed or increased periodically, but any and all changes/increases must be
submitted to the City for informational purposes. The City reserves the right to
make recommendations regarding changes to the menu items and price
adjustments.
c) The Concessionaire must maintain an adequate stock of supplies at the
concession area for all occasions as needed to supply the customers’ needs. The
primary purpose of the concession area is to provide a service to the patrons.
d) Chewing gum, smoking instruments, tobacco, and alcohol products of any kind will
not be sold. Smoking is not permitted in any areas of the STC or within 20 feet of
entrances.
RFP 10005 On-site Concessions for South Transit Center Page 6 of 53
e) The City encourages the use of disposable cups, plates, napkins and eating
utensils that are either compostable or recyclable. The City also encourages the
use of coffee that is grown and marketed sustainably.
f) The City recommends the Concessionaire incorporate the Dietary Guidelines for
Americans, as outlined on www.health.gov/dietaryguidelines, into their product
offering. The Dietary Guidelines encourage Americans to focus on eating a healthy
diet; one that focuses on foods and beverages that help achieve and maintain a
healthy weight, promote health, and prevent disease.
5. Trash & Utilities
The City will pay for all trash and recycling removal services and utilities. The
Concessionaire shall pay for all telephones, cash registers, POS Systems, credit card
machines and any additional security systems that the Concessionaire may wish to
add to the concession area.
6. Cleanliness
The Concessionaire must assume and perform all janitorial/busing duties and
functions in the concession area. Duties will include breaking down and recycling all
cardboard boxes in the recycle bins and removing trash to the dumpsters located on
the STC premises as well as clearing and wiping down tables and straightening tables
and chairs to maintain a neat appearance of the transit center.
7. Hours of Operation
The projected days/hours for the concession to be open are Monday through Saturday
from 8:00 a.m. to 5:00 p.m. but may vary due to special events and operations. The
STC will be staffed with City Customer Service Representatives Monday through
Friday. The STC is currently not scheduled to be open to the public on Saturdays or
Sundays, so the Concessionaire will not be able to operate on those days. Additionally, the STC will not be open to the public on the following holidays: New Year’s Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
The Concessionaire shall not operate the concession area when the STC facility is
closed to the public. These closures include weather-related closures. Any other hours
of operation will be mutually agreed upon between the Concessionaire and the Project
M anager.
In the event that the STC is open and the concession area is closed, the
Concessionaire will be responsible for securing the concession area.
8. Equipment Inventory
As part of the concession area, the City currently owns and is responsible for the
maintenance of certain equipment as follows:
City Owned Equipment: QTY
Refrigerator 1
Refrigerated Display Case 1
Under Counter Refrigerator 1
Under Counter Freezer 1
Hand Sink 1
Dishwasher 1
RFP 10005 On-site Concessions for South Transit Center Page 7 of 53
3 Compartment Sink 1
Ice Maker 1
The Concessionaire must provide, at their expense, all other equipment/inventory and
maintenance in order to successfully operate the concession area.
C. Concessionaire Conduct
The Concessionaire shall control the conduct and demeanor of its agents and employees. Upon objection from the City concerning conduct or demeanor of any such person, the
Concessionaire shall immediately take all lawful steps to address or remove the cause of
the objection. The City reserves the right to terminate employment of the Concessionaire’s
employees at any time with or without cause. Also, if the City so requests, the
Concessionaire agrees to supply and require its employees to wear suitable attire and to
wear or carry badges or other suitable means of identification, the form for which shall be
subject to prior and continuing approval of the City. The personal conduct of the
Concessionaire and its staff has a direct impact on the quality of perform ance. Unacceptable personal conduct/behavior by the Concessionaire may result in immediate
or early termination of the Agreement.
Although it is impossible to predict every possible type of misconduct, the following are
examples of conduct which are considered inappropriate:
• Theft or misuse of money or property;
• Outbursts or unprofessional communication with patrons, City staff or transit riders;
• Commission or conviction of a felony or of any crime involving moral turpitude;
• Harassment of, or discrimination against, any individual based on race, religion,
national origin, age, sex, sexual orientation or disability;
• Falsification, unauthorized use or destruction of City property;
• Abusive or threatening treatment of any person, including, but not limited to
physical or verbal confrontation;
• Insubordination or refusal to comply with directives or assignments;
• Using, consuming, possessing, having in the body, or distributing alcohol or
controlled substances during working time;
• Incompetence, inattention to duties or wastefulness while on the job;
• Failure to meet performance expectations of job or not performing duties or
functions assigned;
• Engaging in personal business while on the job or engaging in outside employment
which interferes with job performance;
• Repeated tardiness, absenteeism; and
• Job Abandonment (unreported absences of three days or more)
The Concessionaire acknowledges and agrees that certain services provided by the
Concessionaire will require that employees, agents, and volunteers of the Concessionaire
act in positions of trust which will entail the handling of and accounting for funds of the
City and City property, or direct contact with youth and other members of the general
public. Accordingly, the Concessionaire agrees that all employees, volunteers, and other
RFP 10005 On-site Concessions for South Transit Center Page 8 of 53
representatives or agents of the Concessionaire in positions of trust, as defined above,
shall be screened by a reputable background screening company , with the facilitation and
costs associated with said screenings to be the sole responsibility of the Concessionaire.
The City reserves the right to request copies of all background checks to verify compliance
with this requirement. A $100 fine may be imposed for failure to obtain background checks
for employees.
D. Financial Qualifications
The financial condition of the Concessionaire must be of such standing that adequate
staffing, supplies, and appropriate operational permits as necessary can be
purchased/obtained in order to open the concession for full business in a reasonable
amount of time after the Agreement is signed. The premise is defined as the concession
space located within the South Transit Center. Tangible proof of financial ability to operate
this concession will be required if you are interviewed.
E. Permits, Licenses, Fees, and Taxes
The Concessionaire must obtain and pay for all licenses, permits and taxes necessary for
the operation including but not limited to a Larimer County Health Department permit and
City and State sales tax licenses. The Concessionaire shall also provide and pay for any
Worker’s Compensation, Social Security withholding, payroll taxes, Possessory Interest Tax, and/or any other taxes that might be required by government authorities.
F. Laws, Rules & Regulations
The operation of the concession granted under the Agreement shall, at all times, conform
with all applicable State and Federal laws and regulations, and municipal ordinances, as
well as all rules, regulations, policies, and procedures as adopted by the City of Fort
Collins, or any of its Boards, Services Areas and Service Units Departments.
G. Insurance Requirements
In conjunction with the execution of the Agreement and prior to beginning operations, the
Concessionaire shall furnish the City with certificates of insurance as described in the
Sample Agreement. Concessionaire shall be solely responsible for the costs of such
insurance. The City’s insurance requirements are non-negotiable.
H. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: June 25, 2024
• Pre-Proposal Meeting: 10:00 AM MT on July 9, 2024
• Question deadline: 3:00 PM MT on July 12, 2024
• Final Addendum Issued: July 17, 2024
• Proposal due date: 3:00 PM MT on July 24, 2024
• Interviews (tentative): Early August 2024
• Award of Contract (tentative): Mid August 2024
RFP 10005 On-site Concessions for South Transit Center Page 9 of 53
I. Interviews
In addition to submitting a written proposal, the top-rated Concessionaires may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company , approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including, but not limited to remote interviews through a
platform such as Microsoft Teams or Zoom.
J. Subcontractors/Subconsultants
Concessionaire will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Concessionaire; therefore, subcontractors and/or subconsultants will be the
responsibility of the Concessionaire.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall
be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Concessionaires are required to provide detailed written responses to the following items in
the order outlined below. The responses shall be considered technical offers of what
Concessionaires propose to provide and shall be incorporated in the contract award as
deemed appropriate by the City . A proposal that does not include all the information required
may be deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Concessionaires include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Concessionaire Information
1. Describe the Concessionaire’s business and background.
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
RFP 10005 On-site Concessions for South Transit Center Page 10 of 53
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the concession would be managed and who would have primary
responsibility for its day -to-day operations.
3. Briefly describe the approach to execute Transfort’s vision for the concession.
Describe any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
Concessionaire.
6. Provide an outline of the schedule for getting the concession operational after the
Agreement is signed.
D. Quality and Suitability of Products and Pricing
Provide a list of the proposed menu items and their corresponding prices.
E. Operational Overview
1. Describe the anticipated days and hours of operation at the concession area.
2. Describe the anticipated staffing levels and how you will ensure that there is adequate coverage during operating hours in the event that an employee(s) are unavailable for
their scheduled shift.
3. Briefly describe business methods you will employ to maintain a profitable operation.
For example, how will you ensure overhead is balanced and reasonable to support
business needs?
4. Describe how you will keep the concession stocked with the necessary supplies and
inventory in light of the limited storage space.
F. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
5. A list of qualifications for your firm and qualifications and experience of key staff
members proposed to perform the services described above.
6. References. Provide a minimum of three references with whom you have worked in
the last 5 years. Include the owner’s name, contact name, email and phone number,
subconsultants on the team and a brief description of the services. The
RFP 10005 On-site Concessions for South Transit Center Page 11 of 53
Concessionaire authorizes the City to verify any and all information contained herein
and hereby releases all those concerned providing information as a reference from
any liability in connection with any information provided.
7. Describe your financial viability for providing all services and products required to
operate this concession operation.
8. Provide any information that distinguishes Concessionaire from its competition and
any additional information applicable to this RFP that might be valuable in assessing
Concessionaire’s proposal.
G. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the
prime Concessionaire.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
H. Cost and Work Hours
In your response to this proposal, please provide the following:
RFP 10005 On-site Concessions for South Transit Center Page 12 of 53
1. A proposed monthly or annual fee to be paid to the City, if any. Concessionaires are
encouraged to propose a flat monthly or annual fee for exclusive use of the concession
area to help offset operational costs incurred by the City, however a fee is not required.
The City will include the financial merits of each proposal as part of the evaluation
process.
The proposed fee can be a consistent amount every month or year, or it can be a
percentage of revenue or profit generated by sales. It can be guaranteed or triggered
by a minimum amount of revenue or profit generated. It can also be capped.
I. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Concessionaire. The Concessionaire is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
J. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Concessionaire hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Concessionaire has read and agrees to
be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Concessionaires will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Concessionaires may be
conducted.
MAXIMUM
POINTS QUALIFICATION STANDARD
15 Scope of Proposal
Does the proposal show an understanding of the
project vision and address background and experience of the Concessionaire? Are there
any exceptions to the requirements of the RFP
or Agreement?
10
Quality and
Suitability of Product,
Menu Prices
Does the proposal include a description of the
products for sale and estimated prices? Overall
quality, cost and suitability of products
proposed?
RFP 10005 On-site Concessions for South Transit Center Page 13 of 53
MAXIMUM
POINTS QUALIFICATION STANDARD
20 Operational Overview
Is the Concessionaire capable of operating the
concession area during projected business
days/hours? Does the proposal demonstrate the
ability to maintain a profitable operation? How
soon after award can the Concessionaire be
operational? What are the Concessionaire’s
qualifications to perform the services and
qualifications required of staff on site? Ability to
provide sufficient staff?
35 Firm Capability &
Assigned Personnel
Has the Concessionaire done previous verifiable
projects of this type and scope? What is the
financial ability for the Concessionaire to provide
these services and products?
10 Concession Fee Amount proposed as a fee to the City
10 Sustainability / TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day -to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day -to-day business operating processes,
practices and procedures?
100 Maximum Points Possible
RFP 10005 On-site Concessions for South Transit Center Page 14 of 53
V. ACKNOWLEDGEMENT
Concessionaire hereby acknowledges receipt of the City of Fort Collins Request for Proposal
and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP 10005 On-site Concessions for South Transit Center
and sample Agreement except as otherwise noted. Additionally, Concessionaire hereby
makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Concessionaire’s knowledge and belief.
b. Concessionaire commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Concessionaire further agrees that the method of award is acceptable.
e. Concessionaire also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Concessionaire acknowledges receipt of addenda.
g. Concessionaire acknowledges no conflict of interest.
h. Concessionaire acknowledges that the City is a governmental entity subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and
City ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA . All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
RFP 10005 On-site Concessions for South Transit Center Page 15 of 53
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
RFP 10005 On-site Concessions for South Transit Center Page 16 of 53
VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
CONCESSION AGREEMENT
This Concession Agreement, hereinafter called the "Agreement," is made and entered into as of
the day and year in the Term section below, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation (City), and, , a(n) [enter state] [business type]
(Concessionaire).
ARTICLE 1 Concession Space
1.1 Definition of Concession Space. For the purposes of this Agreement, the "Concession
Space" shall mean the following area at South Transit Center (STC), 4915 Fossil Blvd,
Fort Collins, CO 80525
1.1.1 The designated Concession Space located in STC.
1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession
Space for the purpose of offering food, coffee and non-alcoholic beverages, and
related services to STC patrons.
ARTICLE 2 Concessionaire's Use of STC and the Concession Space
2.1 In General. Subject to other limitations expressed in this Agreement, the City grants
to Concessionaire the right to exclusive use of the Concession Space and the right to
use in common with others the public areas of the Concession Space facilities in
conjunction with its food and beverage operations (and for no other purpose) in such
spaces and manner as may be prescribed by the City.
2.2 Smoking. Smoking instruments and tobacco products of any kind will not be sold or
otherwise supplied by Concessionaire at Concession Space facilities. Smoking is not
permitted in any areas within 20 feet of facility entrances. Concessionaire shall comply
with any other requirements of applicable Fort Collins City ordinances and Colorado
state law regarding smoking and tobacco products.
2.3 R estriction on Items Offered for Sale. Concessionaire may offer such non-food or non-
beverage items as are incidental to its food and beverage service, except for chewing
gum and smoking instruments and tobacco products, pursuant to section 2.2 herein.
2.4 C ompliance with Applicable Law . The Concessionaire agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well
as all applicable rules and regulations, policies, and procedures adopted by the City
or any of its Boards, Service Ar eas, Service Units, Divisions or Departments having
jurisdiction over STC.
ARTICLE 3 Rights of Ingress and Egress
RFP 10005 On-site Concessions for South Transit Center Page 17 of 53
3.1 In General. The Concessionaire shall have the right of ingress and egress to and from
the STC and Concession Space for Concessionaire's employees, agents and invitees
to the extent reasonably necessary in connection with the conduct of Concessionaire's
business under this Agreement. Areas designated as restricted areas by the City shall
be excluded.
3.2 C losures. The City may, at any time, temporarily or permanently, close or consent to
or request the closing of any roadway or any other way at, in, or near STC, presently
or hereafter used as such, so long as a reasonable and safe means of ingress and
egress remains available to the Concessionaire.
ARTICLE 4 Undertakings of Concessionaire
4.1 Service. Concessionaire agrees as follows:
4.1.1 The Concessionaire shall furnish and pay for all equipment, except as
otherwise provided by the City pursuant to Article 9, all goods, labor,
transportation, supervision and services necessary to provide food and
beverage services in accordance with this Agreement.
4.1.2 Services provided by the Concessionaire shall include the maintenance of
an adequate stock of food and beverage supplies, condiments, eating
utensils, napkins, plates, cups, and any kitchen utensils necessary to serve
the demand for such items at STC.
4.1.3 Concessionaire acknowledges the desire and obligation of the City to
provide the public high quality food and beverages and a high level of public
service. Therefore, Concessionaire agrees to offer for sale from the
Concession Space only good quality food and beverages at fair and
competitive pricing, relative to comparable restaurant facilities in Fort
Collins. If, in the opinion of the City, the pricing is not comparable, or the
selection of items offered is inadequate or not of good quality, or if any of
the items are found to be objectionable for display and/or sale in a public
facility, then the pricing shall change or the items shall be removed or
replaced as required by the City. The City Representative shall meet and
confer with Concessionaire regarding such matters. However,
Concessionaire acknowledges that the City's determination as to the same
shall be conclusive. Failure of Concessionaire to correct, rectify or modify
its prices or quality within five (5) days of being advised in writing to do so
shall be cause for default.
4.1.4 Concessionaire shall submit to the City for review a list of all items to be
sold in the concession area, and proposed prices for all such items. The
Concessionaire shall submit to the City in writing all subsequent item and
price changes for review.
RFP 10005 On-site Concessions for South Transit Center Page 18 of 53
4.2 Hours of Operation. Subject to the exception for inclement weather, expressed in
4.2.1 below, the Concessionaire will be required to provide daily food and beverage
services in the concession area at STC year round.
4.2.1 The concession area will be open for business , but may vary due to
special events and operations. The STC will be staffed with City Customer
Service Representatives Monday through Friday. The STC will be open to
the public on Saturday, but will not be staffed by City employees. The STC
is currently not scheduled to be open to the public on Sundays. Additionally,
the STC will not be open to the public on the following holidays: New Year’s
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas Day. The Concessionaire shall not operate the concession area
when the STC facility is closed to the public. These closures include
weather-related closures. Any other hours of operation will be mutually
agreed upon between the Concessionaire and the Project Manager.
4.3 C oncessionaire Personnel. Concessionaire shall control the conduct and demeanor
of its agents and employees. If the City so requests, Concessionaire agrees to supply
and require its employees to wear suitable attire and to wear or carry badges or other
suitable means of identif ication, the form of which shall be subject to prior and
continuing approval of the City.
4.3.1 The Concessionaire agrees to provide to the City at all times a current list
of employees, volunteers, and other representatives or agents of
Concessionaire that will be working on behalf of Concessionaire in
providing services to the City under this Agreement. The Concessionaire
and the City acknowledge and agree that certain services provided by
Concessionaire will require that employees, volunteers, and other
representatives or agents of Concessionaire act in positions of trust which
will entail the handling of and accounting for funds of the City and City
property, or direct contact with youth and other members of the general
public. Accordingly, Concessionaire agrees that all employees, volunteers,
and other representatives or agents of the Conc essionaire in positions of
trust, as described in Exhibit , consisting of two (2) pages and
incorporated herein by this reference, shall be screened at
Concessionaire’s sole responsibility and expense, and that the results of
such background screening shall be provided to the City within three (3)
business days of City’s request.
4.3.2 In the event that a background check, or any other information available to
the Concessionaire or the City, raises questions about the trustworthiness,
fitness for provision of services under this Agreement, competence or
suitability of any individual for a position of trust of any kind, including
RFP 10005 On-site Concessions for South Transit Center Page 19 of 53
handling of funds, City equipment or property, or working with youths or
other members of the general public, such individual shall not be employed
or allowed to volunteer in connection with the services or activities required
or permitted under this Agreement, or in a manner that would permit
contact by that person with the funds, equipment, property associated with
the provision of services hereunder, or persons participating in programs
or services provided under this Agreement.
4.3.3 Upon receipt of written notice from the City of any reasonable objection
from the City concerning trustworthiness, fitness for provision of services
under this Agreement, competence or suitability of any individual for a
position of trust of any kind, or concerning conduct, demeanor or
competence of any employee or volunteer of Concessionaire, the
Concessionaire shall immediately take all lawful steps to remove or
otherwise address to the City's reasonable satisfaction the cause of the
objection or to remove such individual from the performance of any
services provided hereunder.
4.3.4 The following constitute unacceptable personal conduct that the parties
acknowledge and agree shall be subject to reasonable objection by the
City. The parties acknowledge that other conduct not listed in this Section
may be determined by the City to be reasonably expected to impair
Concessionaire's ability to provide satisfactory services under this
Agreement and may also give rise to a reasonable objection by the City to
which Concessionaire shall be expected to respond as set forth herein. In
the event that Concessionaire, or the individual site manager, if different
from Concessionaire, commits any of the following examples of
unacceptable conduct, or fails or refuses to take reasonable action to
correct such conduct by any person providing services for or on behalf of
Concessionaire hereunder, the City may give Concessionaire notice of
violation and proceed in the manner as set forth in Section 16.1.9.
a) Theft or misuse of money or property;
b) Commission or conviction of a felony or of any crime involving moral
turpitude;
c) Harassment of, or discrimination against, any individual based on
race, religion, national origin, age, sex, sexual orientation or
disability;
d) Falsification, unauthorized use or destruction of City property;
e) Abusive or threatening treatment of any person, including, but not
limited to physical or verbal confrontation;
f) Insubordination or refusal to comply with directives or assignments;
RFP 10005 On-site Concessions for South Transit Center Page 20 of 53
g) Using, consuming, possessing, having in the body, or distributing
alcohol or controlled substances during working time;
h) Incompetence, inattention to duties or wastefulness while on the
job;
i) Failure to meet performance expectations of job or not performing
duties or functions assigned;
j) Engaging in personal business while on the job or engaging in
outside employment which interferes with job performance;
k) Repeated tardiness, absenteeism; and
l) Job Abandonment (unreported absences of three days or more)
4.4 Statements, Recordkeeping and Audits. The Concessionaire shall keep and maintain
proper business records concerning every aspect of the concession operation, and
employee management, including expenses and receipts. All records, including
Income Tax Records, are to be open for inspection and audit by the City.
4.5 Physical Interference. Concessionaire shall not do, nor permit to be done, anything
which may interfere with the effectiveness or accessibility of the drainage system,
sewerage system, fire protection system, sprinkler system, alarm system and fire
hydrants and hoses, if any, installed or located at STC.
4.6 Taxes. Concessionaire agrees to pay all local, state and federal social security,
unemployment insurance, sales, use, personal property, possessory interest, and
other taxes, assessments and payments-in-lieu which, during the term of this
Agreement or any extension hereof, may become a lien of which may be levied or
charged by the State, County, City of Fort Collins or other tax -levying body upon or
with respect to the concession area at STC, upon any taxable interest acquired by the
Concessionaire in this Agreement, or any taxable possessory right which
Concessionaire may have in or to the Concession Space or facilities or the
improvements thereon, by reason of Concessionaire's occupancy or use thereof, or
otherwise, as well as all taxes on taxable property, real or personal, owned by
Concessionaire or taxes on Concessionaire's operations or activities in or about the
Concession Space at STC. However, except as otherwise permitted by this
Agreement, no charges, fees or taxes of any nature shall be imposed by the City solely
upon Concessionaire for exercising any right or privilege granted by the City to
Concessionaire in this Agreement with respect to the use of the Concession Space at
STC. Nothing herein shall prevent Concessionaire from protesting, through due
process, any taxes levied.
4.7 Licenses. Concessionaire agrees to obtain and pay for all licenses necessary in
connection with its operation, including but not limited to, a County Health Department
Food Services Establishment inspection, and a City business license and/or
RFP 10005 On-site Concessions for South Transit Center Page 21 of 53
occupation license. Failure to qualify for a required license, or failure to obtain any
such license within thirty (30) days of execution of this Agreement shall constitute a
default hereunder.
4.7.1 Any such licenses held by the Concessionaire in connection with this
Agreement shall be surrendered by the Concessionaire upon termination
of this Agreement.
4.7.2 Upon Concessionaire's surrender of all licenses and acquisition of new
licenses by such replacement concessionaire as the City may select, the
City shall reimburse Concessionaire for such proportional amount of the
cost of the license as may be attributable to any remaining period which
may exist from the date of Concessionaire's surrender to license expiration.
4.8 Vending Machines. This Agreement does not include Concessionaire's use of vending
machines in the supplying of food, beverages or incidental items.
ARTICLE 5 Prohibition Against Unlawful Discrimination
The Concessionaire acknowledges that the C ity , in accordance with the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. § 2000d to 2000d-4); C.R.S. §
24-34-401, and any associated State or Federal laws and regulations strictly prohibits
unlawful discrimination based on an individual’s gender (regardless of gender identity or
gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or
older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. Pursuant to C ity policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and
bisexuality. The C ity also strictly prohibits unlawful harassment in the workplace, including
sexual harassment. Further, the C ity strictly prohibits unlawful retaliation against a person
who engages in protected activity. Protected activity includes an employee complaining that
he or she has been discriminated against in violation of the above policy or participating in
an employment discrimination proceeding.
The Concessionaire shall comply with the C ity ’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies
to all third-party vendors and their subcontractors at every tier.
ARTICLE 6 Term
6.1 Period. The Agreement shall commence , 20 (the Effective Date) and
shall continue in full force and effect until , 20 , unless sooner terminated
as herein provided. In addition, at the option of the City, the Agreement may be
extended for an additional one-year periods not to exceed four (4) additional one-year
periods.
However, either party may terminate this Agreement without cause, by providing
written notice to the other party of its intention to terminate at least ninety (90) days
prior to the end of the then existing term.
RFP 10005 On-site Concessions for South Transit Center Page 22 of 53
6.2 Holding Over. In the event that the Concessionaire, or its successor in interest, if any,
shall remain beyond the term set forth herein, although no right to remain is given by
this Article, it is the intention of the parties and it is hereby agreed that a right of use
from month-to-month shall then arise subject to all provisions and conditions of this
Agreement in connection with such right, except that the City shall have the sole right
to determine reasonable fees for any holdover period.
ARTICLE 7 Fee For Conducting Business
7.1 Concession Fee. Pursuant to the concession operations hereunder, and the exclusive
use of the Concession Space, the Concessionaire shall pay to the City as the
Concession Fee.
7.1.1 During the term of the Agreement, Concessionaire shall provide busing and
janitorial services described in Section 8.3, at the Concession Space/Area.
ARTICLE 8 Utilities, Maintenance and Janitorial Duties
8.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash
collection, recycling, basic facility security system, natural gas and electric services to
the Concession Space.
8.2 M aintenance and Repair . The City shall maintain and repair the Concession Space
and City provided equipment and fixtures (defined in Article 9). Concessionaire shall
submit all requests for repairs or maintenance to the City Representative.
Notwithstanding anything to the contrary contained herein, the City shall not in any
way be liable to the Concessionaire for failure to make repairs as herein specifically
required of it unless the Concessionaire has previously notified the City in writing of a
need for such repairs, and the City has failed to commence and complete said repairs
within a reasonable period of time following receipt of the Concessionaire's written
notification.
8.2.1 The Concessionaire shall neither hold nor attempt to hold the City liable
for any injury or damage, either approximate or remote, occasioned
through or caused by defective electrical wiring or the breaking or stoppage
of plumbing or sewage upon the Concession Space, whether said
breakage or stoppage results from freezing or otherwise.
8.3 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space and
its fixtures clean and in good sanitary condition as required by the ordinances,
resolutions, statutes and health, sanitary and police regulations of the City of Fort
Collins, County of Larimer and State of Colorado.
8.3.1 Concessionaire shall thoroughly clean the entire Concession Space,
including all equipment and fixtures, whether provided by the City or
RFP 10005 On-site Concessions for South Transit Center Page 23 of 53
Concessionaire, the grills and exhaust, ovens, floors, sinks counters,
refrigerators and all coils, a minimum of (4) times per year (quarterly).
8.3.2 Concessionaire is responsible for the ongoing cleanliness of the Concession
Space in order to provide a clean and orderly appearance for patrons,
including but not limited to, removing trash accumulations to designated
trash and recycling containers.
ARTICLE 9 Acceptance and Trade Fixtures
9.1 Concession Space, City Equipment and Fixtures. In addition to the Concession
Space, the City shall provide the following:
9.1.1 Existing equipment as listed below:
Equipment QTY
Refrigerator 1 Refrigerated Display Case 1
Under Counter Refrigerator 1
Under Counter Freezer 1
Hand Sink 1
Dishwasher 1
3 Compartment Sink 1
Ice Maker 1
9.1.2 Lighting fixtures for general area illumination; and
9.1.3 Heat and air conditioning.
9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall
acknowledge that it accepts the Concession Space as well as any City equipment and
fixtures "as is."
9.3 Installation of Equipment and Trade Fixtures. No equipment, trade fixtures, signs or
other personal property used by Concessionaire in its business shall be installed
without the prior written approval of the City.
9.4 R emoval of Equipment, Trade Fixtures. Concessionaire shall have the right at any
time during the term of this Agreement or upon termination and within ten (10) days
thereafter, to remove all trade fixtures, equipment and other personal property subject
to any valid lien the City may have thereon for unpaid rents or installation of equipment
in lieu of Concession Fee pursuant to Article 7. Any property not so removed by
Concessionaire upon termination shall become a part of the realty on which it is
located and title thereto shall vest in the City.
9.5 Title to Improvements. Upon installation or erection of Improvements, such
improvements (but excluding any of Concessionaire's personal property and trade
fixtures which are attached or affixed thereto) shall become a part of the realty upon
which they are erected and title thereto shall vest in the City. Upon vesting, the
RFP 10005 On-site Concessions for South Transit Center Page 24 of 53
Improvements become part of the Concession Space and are subject to the terms
applicable to the Concession Space within this Agreement.
9.6 Applicable Law . All Improvements and all trade fixtures, equipment or other personal
property installed by Concessionaire shall be subject to and conform in all respects to
the applicable statutes, ordinances, building codes, rules and regulations of all
governmental agencies which have jurisdiction over such matters.
ARTICLE 10 Damage by Concessionaire
The Concessionaire shall be liable for and shall repair, replace or cause to be repaired or
replaced within fifteen (15) days after occurrence, any damage, including the Concession
Space, or to City's property, equipment and fixtures (defined in Article 9) caused by
Concessionaire, its officers, agents, employees or anyone acting under its direction and
control, ordinary wear and tear excepted. All repairs or replacements shall be made promptly
and when necessary and shall be in a quality and of a class at least equal to the original. If
the damage for which Concessionaire is liable is to the Concession Space, Concessionaire
shall continue to be liable for all rent/fees owed for the Concession Space, even if it has been
rendered untenantable.
ARTICLE 11 Total or Partial Destruction
11.1 Concession Space or Other Major Component Rendered Untenantable. In case,
during the term of this Agreement, the Concession Space, STC or any principal part
of any one of them shall be destroyed or shall be so damaged by fire, flood or other
casualty so as to be rendered untenantable or unusable as determined by the City:
11.1.1 Then, in such event, at the option of the City or Concessionaire, the term
hereby created shall cease; and this Agreement shall become null and void
from the date of such damage or destruction; and Concessionaire shall
immediately surrender the Concession Space and its interest therein to the
City; provided, however, that the City or Concessionaire shall exercise such
option to so terminate this Agreement by notice, in writing, delivered to the
other party within thirty (30) days after the City's determination of
untenantability or unusability.
11.1.2 In the event neither the City nor Concessionaire shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the
City shall repair the Concession Space, or facility excluding Improvements
or equipment, signs, trade fixtures or other personal property installed by
Concessionaire, with all reasonable speed, placing the same in as good a
condition as it was at the time of the damage or destruction.
11.2 Concession Space Only Untenantable. In the event of destruction rendering only the
Concession Space untenantable, the City shall endeavor, but not be obligated to make
substitute premises available for Concessionaire's use. During any period of use by
RFP 10005 On-site Concessions for South Transit Center Page 25 of 53
Concessionaire of such substitute Concession Space, the City may direct that the
Concessionaire's Fee shall be abated proportionately.
11.3 Components Tenantable. If the STC concession space shall be only injured by fire or
the elements to such extent so as not to render the same untenantable and unfit for
use and occupancy, the City shall repair the same with all reasonable speed.
11.4 R emoval of Rubbish. In any event, upon the occurrence of damage or destruction,
Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings,
equipment and other items of its personal property within five (5) days after request
being made by the City.
11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused by
Concessionaire as more specifically addressed in Article 10 of this Agreement, the
provisions of Article 10 shall govern in any conflict between Article 10 and Article 11.
11.6 N o Claim by Concessionaire. No compensation or claim shall be made by or allowed
to Concessionaire by reason of any inconvenience or annoyance arising from the
necessity of repairing any portion of the STC, however the necessity may occur.
ARTICLE 12 Indemnification and Insurance
12.1 City's Liability . The City shall not in any way be liable for any cost, liability, damage or
injury, including cost of suit and reasonable expenses of legal services, claimed or
recovered by any person whomsoever or whatsoever as a result of any operations,
works, acts or omissions performed within STC by Concessionaire, its agents,
employees or contractors unless caused by the negligence or willful misconduct of the
City, its employees, agents or contractors.
12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City
harmless from all claims, demands, judgments, costs and expenses, and legal fees
including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely,
fraudulently or frivolously) by any person by reason of injury to or death of any
individual person or persons, or by reason of damage to, destruction or loss of use of
any property, including City's personnel and City's property, directly or indirectly arising
out of, resulting from or occurring in connection with any operations, works, acts or
omissions of Concessionaire. As used herein, the term "Concessionaire" includes the
respective directors, officers, agents, employees, contractors and subcontractors of
Concessionaire. In the event a subcontractor performs any work under this
Agreement, the Concessionaire shall be responsible for any liability directly or
indirectly arising out of the work performed by such subcontractor.
12.3 Intellectual Property Representation. Concessionaire represents that it is the owner
of or is fully authorized to use any and all services, processes, machines, articles,
makes, names or slogans used by it in its operation or in any way connected with this
Agreement.
RFP 10005 On-site Concessions for South Transit Center Page 26 of 53
12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations
hereunder, the Concessionaire shall provide and maintain insurance coverage naming
the City as an additional insured under this Agreement as specified in Exhibit
consisting of one (1) page, which is attached hereto and incorporated herein by this
reference.
12.5 Precautions Against Injury. The Concessionaire shall take all necessary precautions
in performing the operations hereunder to prevent injury to persons and property.
12.6 Failure to Insure. Neither the failure of Concessionaire to take out and/or maintain,
nor the taking out and/or maintenance of any required insurance shall relieve
Concessionaire from any liability under this Agreement, nor shall the insurance
requirements be construed to conflict with the obligations of Concessionaire
concerning indemnification. In the event the Concessionaire fails to maintain
insurance required hereunder, the City may, at its option, take out and maintain at the
expense of the Concessionaire such insurance as the City may deem proper. The
City may offset the cost of any such insurance from any monies that may be due or
become due to the Concessionaire under this Agreement.
ARTICLE 13 No Interest in Real Property
Concessionaire agrees that this Agreement constitutes merely a right to use and occupy the
Concession Space for a limited purpose and does not create or convey to Concessionaire
any interest in real property.
ARTICLE 14 Assignment
The Concessionaire shall not assign this Agreement, sublet or otherwise allow any person to
take possession of all or any portion of the Concession Space without prior written consent of
the City nor permit any transfer by operation of law of Concessionaire's interest created
hereby, other than by merger or consolidation unless approved by City.
ARTICLE 15 Right of City to Enter, Inspect and Make Repairs
15.1 In General. City and its authorized employees, agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the
circumstances and with as little interruption to Concessionaire's operation as is
reasonably practicable) to enter upon any part of the Concession Space for the
following purposes:
15.1.1 To inspect such premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether
Concessionaire has complied with and is complying with the terms and
conditions of this Agreement with respect to such premises;
15.1.2 To perform or cause to be performed maintenance and make repairs and
replacements; and
RFP 10005 On-site Concessions for South Transit Center Page 27 of 53
15.1.3 To make structural additions and/or alterations.
15.2 Obstruction by City. All entries made for the purposes enumerated above shall, except
as otherwise provided in Article 11, Total or Partial Destruction, be without abatement
of rent for damage for inconvenience. However, in the event any entry by City in the
Concession Space for the purpose of making repairs or alterations as provided for in
Section 15.1.2 above (other than repairs necessitated as a result of damage by
Concessionaire under Article 10) constitutes a substantial obstruction to and
im pairment of Concessionaire's right of use of such Concession Space, then
Concessionaire shall be entitled to a fair and just abatement of the rent/fees for such
premises during the period required by the City to make such repairs.
15.3 O bstruction by Concessionaire. In the event that any personal property of
Concessionaire shall obstruct the access of the City, its officers, employees, agents
or contractors, or a utility company furnishing utility service to any of the existing utility,
mechanical, electrical and other systems, and thus shall interfere with the inspection,
maintenance or repair of any such system, Concessionaire shall move such property,
as directed by the City or said utility company, in order that access may be had to the
system or part thereof for inspection, maintenance or repair. If Concessionaire shall
fail to so move such property after direction from the City or said utility company to do
so, the City or the utility company may move it without liability for damage sustained
in moving.
15.4 N o Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article,
by the City, or others under right of the City, shall not be, nor be construed to be, an
eviction of Concessionaire, nor be made the grounds for any abatement of rental nor
any claim or demand for damages against the City, consequential or otherwise, except
claims for damages to person or property caused solely by the negligence of the City.
ARTICLE 16 Default, Rights of Termination
16.1 Default by Concessionaire. Time of payment and performance is of the essence of
this Agreement. Concessionaire shall be in default under this Agreement upon the
occurrence of any one or more of the following events:
16.1.1 Concessionaire's failure to pay any fee or other charge when due and
within five (5) workings days after notice from City of such nonpayment.
16.1.2 Concessionaire's failure to maintain the insurance required in Section 12.4.
16.1.3 Concessionaire’s assignment of any right hereunder in violation of Article
14.
16.1.4 Concessionaire's failure to perform, keep or observe any of the terms,
covenants or conditions of this Agreement within seven (7) days (or such
longer time as may be necessary to cure, provided that cure is commenced
RFP 10005 On-site Concessions for South Transit Center Page 28 of 53
within the initial seven [7] days) after notice from the City specifying the
nature of the deficiency with reasonable particularity and the corrective
action that is to be taken within such period to cure the deficiency.
16.1.5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing
of an involuntary petition in bankruptcy against Concessionaire, the taking
of possession of all or substantially all of Concessionaire's assets pursuant
to proceedings brought under the provisions of any federal reorganization
act or the appointment of a receiver of all or substantially all of
Concessionaire's assets and the failure of Concessionaire to secure the
return of such assets and/or the dismissal of such proceeding within ninety
(90) days after the filing.
16.1.6 The abandonment for a period of (7) days by Concessionaire of the conduct
of its services and operations at STC.
16.1.7 The assignment by Concessionaire of its assets for the benefit of creditors.
16.1.8 The death of the Concessionaire or dissolving of the Corporation.
16.1.9 After written notice to the Concessionaire of any violation of the personal
conduct standards set forth in Section 4.4, above, and a hearing of the
matter before the City's Director of Purchasing, if such a hearing has been
requested in writing received by the Director of Purchasing within ten (10)
days after mailing of written notice of violation, a determination by the
Director of Purchasing that the alleged violation has, in fact, occurred, and
that such violation materially interferes with Concessionaire's ability to
perform its services hereunder in a manner satisfactory to the City or
otherwise impairs the benefits to be derived from the City by this
Agreement, including the good will, satisfaction, health and safety of the
general public.
16.2 City's Remedies on Default.
16.2.1 In the event of a default by Concessionaire, the City may terminate this
Agreement effective immediately upon provision of written notice of such
termination to Concessionaire. In the alternative, the City may elect to keep
the Agreement in force and work with Concessionaire to cure the default.
If this Agreement is terminated, the City shall have the right to take
possession of the Concession Space at the time of default.
Concessionaire's liability to City for damages and rent shall survive the
termination, and the City may re-enter, take possession of the Concession
Space and remove any persons or property by legal action or by self -help
with the use of reasonable force and without liability for damages.
RFP 10005 On-site Concessions for South Transit Center Page 29 of 53
16.2.2 Following re-entry or abandonment, the City may make arrangements for
use of the Concession Space by others and in that connection may make
any suitable alterations or refurbish the Concession Space, but the City
shall not be required to make such arrangement for any use or purpose.
16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and
remedies reserved pursuant to this Article are in addition to any other rights or
remedies the City may have pursuant to this Agreement or to applicable law to seek
judicial enforcement, damages or any other lawful remedy.
ARTICLE 17 Miscellaneous Provisions
17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed
cumulative and additional and not in lieu of, or exclusive of, each other or of any other
remedy available to the City, or Concessionaire, at law or in equity, and the exercise
of any remedy, or the existence herein of other remedies or indemnities shall not
prevent the exercise of any other remedy.
17.2 N on-Waiver. The failure by either party to exercise any right or rights accruing to it by
virtue of the breach of any covenant, condition or agreement herein by the other party
shall not operate as a waiver of the exercise of such right or rights in the event of any
subsequent breach by such other party, nor shall such other party be relieved thereby
from its obligations under the terms hereof.
17.3 N on-liability of Individuals Other than Concessionaire. With the exception of
Concessionaire, no director, officer, agent or employee of either party hereto shall be
charged personally or held contractually liable by or to the other party under any term
or provision of this Agreement or of any supplement, modification or amendment to
this Agreement because of any breach thereof, or because of its or their execution or
attempted execution of the same.
17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the Concession
Space, or any part thereof, for any purpose or use other than those authorized by this
Agreement. Neither shall Concessionaire permit nor suffer any disorderly noise or
nuisance whatsoever about or around the Concession Space.
17.5 G overning Law. This Agreement shall be performable and enforceable in Larimer
County, Colorado, and shall be construed in accordance with the laws of the State of
Colorado.
17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Concessionaire, their successors and assigns, and is not made for the benefit of any
third party.
RFP 10005 On-site Concessions for South Transit Center Page 30 of 53
17.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it
shall not be construed for or against any party hereto on the basis that such party did
or did not author the same.
17.8 Successors and Assigns. All covenants, stipulations and agreements in this
Agreement shall extend to and bind each party hereto, its legal representatives,
successors and assigns.
17.9 H eadings. The titles of the several articles of this Agreement are inserted herein for
convenience only, and are not intended and shall not be construed to affect in any
manner the terms and provisions hereof, or the interpretation or construction thereof.
17.10 Legal Fees. In the event any legal action or proceeding is brought to collect sums due
or to become due hereunder or any portion thereof or to enforce compliance with this
Agreement for failure to observe any of the covenants of this Agreement, the losing
party agrees to pay to the prevailing party such sums as the Court may judge
reasonable for legal fees, including attorneys' fees and costs, in such action or
proceeding and in any appeal there from.
17.11 Incorporation of Request for Proposals/Entire Agreement. Request for Proposal
Document, and all specifications included therein, and the Proposal submitted by the
Concessionaire in response thereto, are incorporated and made a part of this
Agreement by this reference, except that in the event of a conflict between such
documents and the express terms of this Agreement, the terms of this Agreement shall
prevail. This Agreement, which is the entire agreement between the parties hereto,
supersedes all prior agreements, understandings, warranties or promises between the
parties hereto, whether written, spoken or implied from the conduct of the parties
hereto, except as expressly incorporated herein.
17.12 Severability . In the event any covenant, condition or provision of this Agreement is
held to be invalid by final judgment of any court of competent jurisdiction, the invalidity
of such covenant, condition or provision shall not in any way affect any of the other
covenants, conditions or provisions of this Agreement, provided that the invalidity of
any such covenant, condition or provision does not materially prejudice either the City
or the Concessionaire in its respective rights and obligations under the valid
covenants, conditions or provisions of this Agreement.
17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier
termination as herein provided, Concessionaire shall remove all of its property from
STC and surrender entire possession of its rights at STC to the City and its
improvements in accordance with Section 10 above, unless this Agreement is
renewed or replaced.
17.14 C ity Representative. The City designates the Project Manager as its representative
who shall make, within the scope of their authority, all necessary and proper decisions
RFP 10005 On-site Concessions for South Transit Center Page 31 of 53
with reference to this Agreement. All requests for contract interpretations,
amendments and other clarifications or instructions shall be directed to the City
Representative.
17.15 Notices. Notices permitted or required to be given under this Agreement shall be in
writing and shall be deemed given upon personal delivery or upon deposit in the United
States Mail, certified, return receipt requested, postage fully prepaid, addressed as
follows or to such other address as the parties may designate from time to time by
notice given in accordance with this Section:
City:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn: Craig Dubin
6570 Portner Rd.
Fort Collins, CO 80525
Concessionaire:
Attn:
17.16 Paragraph Headings. Paragraph headings contained herein are for convenience and
reference and are not intended to define or limit the scope of any provisions of this
Agreement.
17.17 Schedules and Exhibits. Whenever reference is made in this Agreement to a Schedule
or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule
or Exhibit shall be deemed attached to and by this reference incorporated in this
Agreement.
17.18 Force Majeure. Neither the City nor the Concessionaire shall be deemed in violation
of this Agreement if prevented from performing any of its obligations hereunder by
reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or
materials, acts of God, act of public enemy, acts of superior governmental authority,
weather conditions, rights, rebellion, sabotage or any other circumstances that are not
within its control.
17.19 N o Limitation on General Powers. Nothing in this Agreement shall be construed as in
any way limiting the general powers of the City to fully exercise their governmental
functions or their obligations under any bond covenants or federal, state or local laws,
rules or regulations.
17.20 N o Relationship. Nothing contained herein shall be deemed or construed by the
parties hereto nor by any third party as creating the relationship of employer and
employee, principal and agent or a partnership or a joint venture between the parties
hereto.
17.21 Survival. To the extent necessary to carry out all of the terms and provisions hereof,
the said terms, obligations and rights set forth herein required shall survive and shall
not be affected by the expiration or termination of this Agreement.
RFP 10005 On-site Concessions for South Transit Center Page 32 of 53
17.22 Federal Transit Clauses. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit , Federal
Transit Administration Contract Clauses, consisting of fifteen (15) pages, attached
hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
noted below.
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
CONCESSIONAIRE’S NAME
By:
Printed:
Title:
Date:
RFP 10005 On-site Concessions for South Transit Center Page 31 of 53
EXHIBIT
Policy: Concessionaire Personnel Conduct and Demeanor, and Background Screening for
Positions of Trust.
Under the terms and conditions of the Concessionaire’s Agreement with the City, all Snack Bar
Concessionaires shall control the conduct and demeanor of their employees, volunteers, and
other representatives or agents of the C oncessionaire that will be working on behalf of the
Concessionaire in providing services to the City. The Concessionaire agrees to provide to the
City at all times a current list of employees, volunteers, and other representatives or agents of
Concessionaire that will be working on behalf of the Concessionaire in providing services to the
City under their Agreement, and that all such employees, volunteers, and other representatives
or agents of Concessionaire agree to adhere to the “Behavior/Standards of Personal Conduct
and Performance.”
Concessionaire and the City also hereby acknowledge and agree that certain services provided
by the Concessionaire will require that specified employees, volunteers, and other representatives
or agents of the Concessionaire act in “positions of trust” which can include the handling of and/or accounting for funds of the City and/or of City property, or direct contact with youth and members
of the general public. Accordingly, Concessionaire agrees that all specified employees,
volunteers, or other representatives or agents of Concessionaire in positions of trust shall be
screened/investigated at the expense of the Concessionaire, and that the results of such
background screening/investigation shall be provided to the City within three (3) business days of
City’s request. Each Concessionaire shall require the completion and execution of the
Disclosure/Waiver form for all specified employees, volunteers, and other representatives or agents of Contractor. The purpose of this form is to provide the necessary information about an
applicant and permission to review confidential information for a complete and thorough
background screening/investigation. The Concessionaire shall provide to all said employees,
volunteers, and other representatives or agents a Summary of Rights under the Fair Credit
Reporting Act.
The background screening/investigation shall include, but is not necessarily limited to, checking
arrests and/or conviction records, driving records, credit history, education, previous employment
and volunteer work and other records as may be appropriate, and references, including review of
any records of information available to the City as a result of past employment or contractual
relationships the employee, volunteer, or other representative or agent has had with the
Concessionaire or the City.
The Concessionaire shall make job assignments and responsibility assignments based upon and
in consideration of the background screening/investigation and shall not permit any person to perform any position for which such person’s character or suitability are reasonably in question
based upon the information obtained in connection with a background screening/investigation.
The City may, in its discretion and upon review of the requested screening results, object to any
assignments of Concessionaire Personnel to positions of trust, as based upon the background
screening/investigation. In the event that information from the report is utilized in whole or in part
in making an adverse decision with regard to potential
employment/volunteer/representative/agent status, before making the adverse decision, the City
will attempt to provide Concessionaire with a copy of any additional documentation obtained and used by City in making its decision.
RFP 10005 On-site Concessions for South Transit Center Page 32 of 53
Specified employees, volunteers, and other representatives or agents of Concessionaire
identified at this time to be in positions of trust shall include, but are not necessarily limited to, all
top assistants, area or section managers, lesson providers, personnel that directly handle and/or
account for City funds; and those positions that c an work individually with youth or members of
the general public.
Concessionaire Process for Obtaining Background Screening/Investigation Information
1. Once an employee, volunteer, other representative or agent has been selected by the
Contractor, the employee, volunteer, other representative or agent (applicant) shall complete
the background screening/investigation form, which is titled “Disclosure to Prospective
Employees, Volunteers, or Other Representatives or Agents of Contractors Regarding
Procurement of a Consumer Report (including a criminal history report).”
2. When the employee, volunteer, other representative or agent (applicant) has completed and
signed the form, the Concessionaire shall initial and date the bottom of the form, giving the
bottom copy of the form to the applicant. The Contractor shall also give to the applicant at
this time a summary of their rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act also imposes requirements and procedures related to any adverse
decisions based upon credit information.
3. The Concessionaire shall then provide the f orm to Concessionaire’s designated screening
vendor. Typically, results of the screening are received back within three to four (3-4) days.
The applicant may begin work following Concessionaire’s receipt of the report, provided no
negative results were noted on the report. Should Concessionaire be uncertain as to whether or not the City would find a report finding objectionable, Concessionaire should contact the
City Representative to discuss the finding.
RFP 10005 On-site Concessions for South Transit Center Page 33 of 53
EXHIBIT DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR OTHER REPRESENTATIVES OR AGENTS OF CONTRACTORS REGARDING PROCUREMENT OF A CONSUMER REPORT (including a criminal history report) In connection with your status as a prospective employee, volunteer, or other representative or agent of the Contractor, Contractor and the City of Fort Collins may procure a consumer report/criminal history on you
as part of the process of considering your candidacy for said status. The investigation conducted in
conjunction with the report may include an investigation of your personal employment/volunteer history,
education, financial, and credit records, public records concerning your driving record, civil and criminal
court records, county, state, and Federal tax liens, notices of default and bankruptcies, and other records as
may be appropriate. In the event that information from the report is utilized in whole or in part in making
an adverse decision with regard to your potential employment/volunteer/representative/agent status, before
making the adverse decision, the City and the Contractor will attempt to provide you and the Contractor
with a copy of the consumer report/criminal history and a description in writing of your rights under the
Federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives you specific rights in dealing with
consumer reporting agencies. A copy of A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT
REPORTING ACT is attached to this document.
By your signature below, you hereby authorize us to obtain a consumer report and/or an investigative report
about you in order to consider your status as a prospective employee, volunteer, or other representative or
agent for the Contractor.
Applicant’s Name:
(Please Print) First Middle Last Signature: Date of Birth: Applicant’ Address:
City/State/Zip:
Driver’s License #: Social Security #:
Signature of Parent or Guardian:
(if Applicant is under the age of 18): Other names used in the last seven (7) years:
Previous out-of-state address(es) in the past seven (7) years. 1.
Address City County State Zip 2.
Address City County State Zip Please list any additional addresses on the back of this page. Contractor’s Initials: Date:
RFP 10005 On-site Concessions for South Transit Center Page 34 of 53
EXHIBIT
RFP 10005 On-site Concessions for South Transit Center Page 35 of 53
RFP 10005 On-site Concessions for South Transit Center Page 36 of 53
EXHIBIT
INSURANCE REQUIREMENTS
The Concessionaire will provide, from insurance companies acceptable to the C ity , the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Concessionaire shall furnish the CITY with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the C ity , at its option, may
take out and maintain, at the expense of the Concessionaire, insurance as the City may deem
proper and may deduct the cost of such insurance from any monies which may be due or become
due the Concessionaire under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Concessionaire 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Concessionaire shall maintain Worker’s
Compensation and Employer’s Liability insurance during the life of this Agreement for all of
the Concessionaire 's employees engaged in work performed under this Agreement Workers'
Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as
required by Colorado law.
B. G eneral Liability . The Concessionaire shall maintain during the life of this Agreement General
Liability insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property damage
shall be on a (broad form) basis. The amount of insurance for General Liability shall not be
less than $1,000,000 combined single limits for bodily injury and property damage.
C. Automobile Liability . The Concessionaire shall maintain during the life of this Agreement
Automobile Liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a (broad form) basis. The amount of insurance for Automobile Liability
shall not be less than $1,000,000 combined single limits for bodily injury and property damage.
RFP 10005 On-site Concessions for South Transit Center Page 37 of 53
EXHIBIT
FEDERAL TRANSIT ADMINISTRATION CONTRACT CLAUSES
In addition to the City of Fort Collins Concession Agreement Terms and Conditions, the
following Federal clauses apply.
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause
shall not be modified, except to identify the sub-contractor who will be subject to it
provisions.
2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
1. For a period of three years following Contract closing, the Contractor and its
subcontractors shall maintain, preserve and make available to the City, the FTA
Administrator, the Comptroller General of the United States, and any of their authorized
representatives, access at all reasonable times to any books, documents, papers and
records of Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees,
otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements
as set forth in the applicable U.S. DOT Common Rule.
2. The Contractor shall maintain and the City shall have the right to examine and audit all
records and other evidence sufficient to reflect properly all prices, costs or rates
negotiated and invoiced in performance of this Contract. This right of examination shall
include inspection at all reasonable times of the Contractor’s offices engaged in
performing the Contract.
3. If this Contract is completely or partially terminated, the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting final
termination settlement. The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of claims arising under or
relating to this Contract until such appeals, litigation, or claims are finally resolved.
4. Access to Records and Reports” applies with equal force and effect to any
subcontractors hired by the Contractor to perform Work under this Contract. The
Contractor shall insert this provision in all subcontracts under this Contract and require
subcontractor compliance therewith.
5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its
Third Party Participants to permit, FTA to have access to the sites of performance of its
RFP 10005 On-site Concessions for South Transit Center Page 38 of 53
Award, the accompanying Underlying Agreement, and any Amendments thereto, and to
make site visits as needed in compliance with the U.S. DOT Common Rules.
6. Closeout. Closeout of the Award does not alter the record retention or access
requirements of this section of this Master Agreement.
3. FEDERAL CHANGES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended
or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
4. CIVIL RIGHTS (EEO, TITLE VI & ADA)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
The following requirements apply to the underlying contract:
a) The Recipient agrees that it must comply with applicable federal civil rights laws,
regulations, requirements, and guidance, and follow applicable federal guidance,
except as the Federal Government determines otherwise in writing. Therefore, unless
a Recipient or a federal program, including the Tribal Transit Program or the Indian Tribe Recipient, is specifically exempted from a civil rights statute, FTA requires
compliance with that civil rights statute, including compliance with equity in service.
b) Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees
to, and assures that it and each Third-Party Participant, will: (1) Prohibit discrimination
based on the basis of race, color, religion, national origin, sex, disability, or age. (2)
Prohibit the: (a) Exclusion from participation in employment or a business opportunity
for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332, or (c)
Discrimination, including discrimination in employment or a business opportunity
identified in 49 U.S.C. § 5332. (3) Follow: (a) The most recent edition of FTA Circular
4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration
Recipients,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance, and other applicable federal guidance that may be
issued, but (b) FTA does not require an Indian Tribe to comply with FTA program -
specific guidelines for Title VI when administering its Underlying Agreement supported
with federal assistance under the Tribal Transit Program.
c) Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and
assures that each Third Party Participant, will: (1) Prohibit discrimination based on
race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations,
“Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The
most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for
Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for
the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other
RFP 10005 On-site Concessions for South Transit Center Page 39 of 53
applicable federal guidance that may be issued.
d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The
Recipient agrees to, and assures that each Third Party Participant will, prohibit
discrimination on the basis of race, color, religion, sex, or national origin, and: (a)
Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e
et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment
Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order
No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note, (c)
Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,
and (d) Comply with FTA Circular 4704.1other applicable EEO laws and regulations,
as provided in Federal guidance, including laws and regulations prohibiting
discrimination on the basis of disability, except as the Federal Government determines
otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants
for employment are employed and employees are treated during employment without
discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6
Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to:
1 Recruitment advertis ing, 2 Recruitment, 3Employment, 4 Rates of pay, 5 Other forms
of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8
Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title
VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the
definition of "Employer". (3) Equal Employment Opportunity Requirements for
Construction Activities. In addition to the foregoing, when undertaking “construction”
as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to
comply, and assures the compliance of each Third Party Participant, with: (a) U.S.
DOL regulations, “Office of Federal Contract Compliance Programs, September 2019
Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b)
Executive Order No. 11246, “Equal Employment Opportunity,” as amended by
Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal
Employment Opportunity,” 42U.S.C. § 2000e note.
e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal
laws and regulations, the Recipient agrees to facilitate, and assures that each Third-
Party Participant will facilitate, participation by small business concerns owned and
controlled by socially and economically disadvantaged individuals, also referred to as
“Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as
follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply
with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT
regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal
transit law, specifically 49 U.S.C. § 5332, as provided in section 12a of this Master
Agreement. (2) DBE Program Requirements. A Recipient that receives planning, capital and/or operating assistance and that will award prime third-party contracts
exceeding $250,000 in a federal fiscal year must have a DBE program meeting the
requirements of 49 C.F.R. Part 26, which is approved by FTA, and establish an annual
DBE participation goal. (3) Special Requirements for a Transit Vehicle Manufacturer
(TVM). The Recipient agrees that: (a) TVM Certification. Each TVM, as a condition of
being authorized to bid or propose on FTA-assisted transit vehicle procurements, must
certify that it has complied with the requirements of 49 C.F.R. part 26, and (b)
Reporting TVM Awards. Within 30 days of any third-party contract award for a vehicle purchase, the Recipient must submit to FTA the name of the TVM contractor and the
total dollar value of the third-party contract and notify FTA that this information has
RFP 10005 On-site Concessions for South Transit Center Page 40 of 53
been attached to FTA’s electronic award and management system, the Recipient must
also submit subsequent notifications if options are exercised in subsequent years to
ensure the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. §
26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must
not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its
DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary
and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the
award and administration of U.S. DOT- assisted contracts, 3 Its DBE program, as
required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by
reference and made part of the Underlying Agreement, and 4 Implementation of its
DBE program approved by U.S. DOT is a legal obligation and failure to carry out its
terms shall be treated as a violation of this Master Agreement. (b) Subrecipient/Third
Party Contractor/Third Party Subcontractor Assurance. The Recipient agrees and
assures that it will include the following assurance in each subagreement and third
party contract it signs with a Subrecipient or Third Party Contractor and agrees to
obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third
Party Subcontractors to include the following assurance in every subagreement and third party contract it signs: 1 The Subrecipient, each Third Party Contractor, and each
Third Party Subcontractor must not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any FTA or U.S. DOT-assisted
subagreement, third party contract, and third party subcontract, as applicable, and the
administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The
Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must
take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted
subagreements, third party contracts, and third party subcontracts, as applicable, 3
Failure by the Subrecipient and any of its Third Party Contractors or Third Party
Subcontractors to carry out the requirements of this subparagraph 13.d(4)(b) is a
material breach of this subagreement, third party contract, or third party subcontract,
as applicable, and 4 The following remedies, or such other remedy as the Recipient
deems appropriate, include, but are not limited to, withholding monthly progress
payments; assessing sanctions; liquidated damages; and/or disqualifying the
Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding
as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to
carry out its approved program, FTA or U.S. DOT may impose sanctions as provided
for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter
for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil
Remedies Act of 1986, 31 U.S.C. § 3801 et seq.
f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the
Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT
regulations, “Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal
transit law, specifically 49 U.S.C. § 5332.
g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of age, including: (1) The Age
Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity
RFP 10005 On-site Concessions for South Transit Center Page 41 of 53
Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29
C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6101 et seq., which prohibits discrimination against individuals on the basis of age in
the adm inistration of Programs, Projects, and related activities receiving federal
assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on
the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45
C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332.
h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the
following federal prohibitions against discrimination on the basis of disability: (1)
Federal laws, including: (a) section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the
administration of federally assisted Programs, Projects, or activities, (b) The
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., whic h requires that accessible facilities and services be made available to
individuals with disabilities: 1 For FTA Recipients generally, Titles I, II, and III of the
ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the
ADA does not apply because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals
with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now
includes disability as a prohibited basis for discrimination, and (e) Other applicable
federal laws, regulations and requirements pertaining to access for seniors or
individuals with disabilities. (2) Federal regulations, including: (a) U.S. DOT
regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,”
49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance
Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA)
Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49
C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with
Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations,
“Nondiscrimination on the Basis of Disability in State and Local Government Services,”
28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of
Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal
Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part
64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology
Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (k) Other applicable
federal civil rights and nondiscrimination guidance.
(i) Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The
Recipient agrees to comply with the confidentiality and civil rights protections of: (1)
The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et
seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The
Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2.
(j) Access to Services for Persons with Limited English Proficiency. The Recipient agrees
RFP 10005 On-site Concessions for South Transit Center Page 42 of 53
to promote accessibility of public transportation services to persons with limited
understanding of English by following: (1) Executive Order No. 13166, “Improving
Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42
U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning
Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed.
Reg. 74087, December 14, 2005.
(k) Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The
Recipient agrees to comply with other applicable federal nondiscrimination laws,
regulations, and requirements, and follow federal guidance prohibiting discrimination.
(l) Remedies. Remedies for failure to comply with applicable federal Civil Rights laws,
regulations, requirements, and guidance may be enforced as provided in those federal
laws, regulations, or requirements.
(m) Free Speech and Religious Liberty . The recipient shall ensure that Federal funding is
expended in full accordance with the U.S. Constitution, Federal Law, and statutory and
public policy requirements: including, but not limited to, those protecting free speech,
religious liberty, public welfare, the environment, and prohibiting discrimination.
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(Per FTA C 4330.1F)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
City requests which would cause the City to be in violation of the FTA terms and conditions.
6. ENERGY CONSERVATION REQUIREMENTS
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plans under the Energy Policy and Conservation Act, as amended 42 U.S.C. § 6321, et.
seq., and perform an energy assessment for any building constructed, reconstructed, or
modified with federal assistance required under FTA regulations, “Requirements for Energy
Assessments,” 49 CFR Part 622, subpart C.
7. VETERANS EMPLOYEMENT
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Veterans Employment. As provided by 49 U.S.C. § 5325(k):
To the extent practicable, the contractor agrees and assures that each of its
subcontractors:
1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the
skills and abilities required to perform construction work required under a third-party
RFP 10005 On-site Concessions for South Transit Center Page 43 of 53
contract in connection with a capital project supported with funds made available or
appropriated for 49 U.S.C. chapter 53, and
2. Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee.
8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (2 CFR §200.216)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Contractor is prohibited from using equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or
using such equipment.
c. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200)
Applies to all contracts except micro-purchases.
a. Termination for Convenience. The City may terminate this Contract, in whole or in
part, for any reason, upon five (5) days written notice to the Contractor. In such event,
the City shall pay the Contractor its costs, including reasonable Contract close-out costs,
and profit on Work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the City to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City, the Contractor will
account for the same, and dispose of it in a manner the City directs.
b. Termination for Breach. Either Party’s failure to perform any of its material obligations
under this Contract, in whole or in part or in a timely or satisfactory manner, will be a
breach. The institution of proceedings under any bankruptcy, insolvency, reorganization
or similar law, by or against Contractor, or the appointment of a receiver or similar officer
for Contractor or any of its property, which is not vacated or fully stayed within thirty (30)
days after the institution of such proceeding, will also constitute a breach. In the event
of a breach, the non-breaching Party may provide written notice of the breach to the
other Party. If the notified Party does not cure the breach, at its sole expense, within thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its
RFP 10005 On-site Concessions for South Transit Center Page 44 of 53
remedies provided under this Contract or at law, including immediate termination of the
Contract.
10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
Applies to all contracts and subcontracts exceeding $25,000.
Suspension and Debarment Executive.
The contractor attests that it is not listed on the government-wide exclusions in the System
for Award Management (SAM).
The Contractor agrees to the following:
(a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the
following: (a) It will not enter into any arrangement to participate in the development or
implementation of the Project with any Third Party Participant that is debarred or
suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement
Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to
Agencies on Government wide Debarment and Suspension (Non-procurement),” 2
C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos.
12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will
review the U.S. GSA “System for Award Management,” https://www.sam.gov , if
required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and
require each of its Third Party Participants to include, a similar provision in each lower
tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will
comply with Federal debarment and suspension requirements, and 2 Reviews the
“System for Award Management” at https://www.sam.gov , if necessary to comply with
U.S. DOT regulations, 2 C.F.R. part 1200, and
(b) If the Recipient suspends, debars, or takes any similar action against a Third-Party
Participant or individual, the Recipient will provide immediate written notice to the: (a)
FTA Regional Counsel for the Region in which the Recipient is located or implements
the Project, (b) FTA Project Manager if the Project is administered by an FTA
Headquarters Office, or (c) FTA Chief Counsel.
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED
TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS
Applies to all contracts and subcontracts exceeding $25,000. The prime contractor is
required to “flow down” this requirement to subcontractors.
a. If a current or prospective legal matter that may affect the Federal Government emerges,
the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel
for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party
Participant to include an equivalent provision in its subagreements at every tier, for any
agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and
1200.220.
1. The types of legal matters that require notification include, but are not limited to, a
major dispute, breach, default, litigation, or naming the Federal Government as a
party to litigation or a legal disagreement in any forum for any reason.
RFP 10005 On-site Concessions for South Transit Center Page 45 of 53
2. Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Award, the accompanying Underlying
Agreement, and any Amendments thereto, or the Federal Government’s
administration or enforcement of federal laws, regulations, and requirements.
3. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify
the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional
Counsel for the Region in which the Recipient is located, if the Recipient has
knowledge of potential fraud, waste, or abuse occurring on a Project receiving
assistance from FTA. The notification provision applies if a person has or may have
submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or
has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement,
bribery, gratuity, or similar misconduct involving federal assistance. This
responsibility occurs whether the Project is subject to this Agreement or another
agreement between the Recipient and FTA, or an agreement involving a principal,
officer, employee, agent, or Third Party Participant of the Recipient. It also applies
to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is
not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil
complaint, or probable cause that could support a criminal indictment, or any other
credible information in the possession of the Recipient. In this paragraph, “promptly”
means to refer information without delay and without change. This notification
provision applies to all divisions of the Recipient, including divisions tasked with law
enforcement or investigatory functions.
b. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the
percentage of the federal share for the Underlying Agreement. Notwithstanding the
preceding sentenc e, the Recipient may return all liquidated damages it receives to its
Award Budget for its Underlying Agreement rather than return the federal share of those
liquidated damages to the Federal Government, provided that the Recipient receives
FTA’s prior written concurrence.
c. Enforcement. The Recipient must pursue its legal rights and remedies available under
any third party agreement or any federal, state, or local law or regulation.
12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Applies to all contracts exceeding $100,000.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the
required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it
has certified that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Contract, grant or any other
award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
If contract exceeds $100,000 the contractor is required to sign the attached certification.
13. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT
RFP 10005 On-site Concessions for South Transit Center Page 46 of 53
Applies to all contracts exceeding $150,000.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
a. All parties agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations t o the
Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b. The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate Environmental
Protec tion Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal funds.
14. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH –
(APPENDIX II TO PART 200)
Applies to all contracts over $250,000.
Breach. Any breach of the Contract by Contractor shall be governed by the termination and remedies provisions of the Contract. Additionally, in the event that the City incurs damages
as a result of Contractor’s breach, the City may pursue recovery of such damages from
Contractor. The City further retains the right to seek specific performance of the Contract at
any time as authorized by law. The City further retains the right to otherwise pursue any
remedies available to the City as a result of the Contractor’s breach, including but not limited
to administrative, Contractual, or legal remedies, as well as any applicable sanctions and
penalties.
Remedies for Non-Performance. If Contractor fails to perform any of its obligations under
this Contract, the City may, at its sole discretion, exercise one or more of the following
remedies, which shall survive expiration or termination of this Contract:
a. Suspend Performance: The City may require the Contractor to suspend performance
of all or any portion of the Work pending necessary corrective action specified by the
City and without entitling Contractor to an increase in compensation or extension of the
performance schedule. Contractor must promptly stop performance and incurring costs
upon delivery of a notice of suspension by the City.
b. Withhold Payment Pending Corrections: The City may permit Contractor to correct
any rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct
rejected Work at Contractor’s sole expense within the time frame established by the City.
Upon completion of the corrections satisfactory to the City, City will remit payment to
Contractor.
c. Deny Payment: City may deny payment for any Work that does not comply with the
requirements of the Contract or that Contractor otherwise fails to provide or complete, as determined by the City in its sole discretion. Upon City request, Contractor will
promptly refund any amounts prepaid by the City with respect to such non-compliant
Work.
RFP 10005 On-site Concessions for South Transit Center Page 47 of 53
d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents
from performance of the Work, if the City, in its sole discretion, deems any such person
to be incompetent, careless, unsuitable, or otherwise unacceptable.
15. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT)
Applies to all turnkey, rolling stock and operational contracts (excluding contracts for
transportation services exceeding $100,000.
The contractor agrees to comply and assures that each subcontractor will comply with all
federal laws, regulations, and requirements providing wage and hour protections for
nonconstruction employees, including Section 102 of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40
U.S.C. § 3701, et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards
Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and
Safety Standards Act),” 29 CFR Part 5.
16. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS
Applies to all Contracts for transit operations except micro-purchases .
(1) The Contractor agrees to comply with applicable transit employee protective
requirements as follows:
a) General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry out
the transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to
protect the interests of employees employed under this contract and to meet the
employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions
are identified in the letter of certification from the U.S. DOL to FTA applicable to the
ITP's project from which Federal assistance is provided to support work on the
underlying contract. The Contractor agrees to carry out that work in compliance with
the conditions stated in that U.S. DOL letters. The requirements of this subsection
(1), however, do not apply to any contract financed with Federal assistance provided
by FTA either for projects for elderly individuals and individuals with disabilities
authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth
in subsections (b) and (c) of this clause.
b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§
5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract
involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation
has determined or determines in the future that the employee protective
requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and
the public body subrecipient for which work is performed on the underlying contract,
the Contractor agrees to carry out the Project in compliance with the terms and
conditions determined by the U.S. Secretary of Labor to meet the requirements of
49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the U.S. DOL's
RFP 10005 On-site Concessions for South Transit Center Page 48 of 53
letter of certification to FTA, the date of which is set forth Grant Agreement or
Cooperative Agreement with the state. The Contractor agrees to perform transit
operations in connection with the underlying contract in compliance with the
conditions stated in that U.S. DOL letter.
c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5311 in Nonurbanized Areas - If the contract involves transit operations financed in
whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the
Contractor agrees to comply with the terms and conditions of the Special Warranty
for the Nonurbanized Area Program agreed to by the U.S. Secretaries of
Transportation and Labor, dated May 31, 1979, and the procedures implemented by
U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal
assistance provided by FTA.
17. CHARTER SERVICES
Applies to all contract for Operational Services except micro-purchases.
Charter Service Operations - The contractor agrees that neither it nor any Third-Party
Participant involved in the contract will engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r), FTA regulations, “Charter
Service,” 49 CFR Part 604, any other federal Charter Service regulations, federal
requirements, or federal guidance from the provision of mass transportation.
18. SCHOOL BUS OPERATIONS
Applies to all contract for Operational Services except micro-purchases.
School Bus Operations - Recipient agrees that neither it nor any Third Party Participant
that is participating in its Award will engage in school bus operations exclusively for the transportation of students or school personnel in competition with private school bus
operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or (g), FTA
regulations, “School Bus Operations,” 49 CFR Part 605, and any other applicable federal
“School Bus Operations” laws, regulations, requirements, or applicable federal guidance.
19. DRUG AND ALCOHOL TESTING
Applies to all Operational Services contracts except micro-purchases.
Drug and Alcohol Testing
The contractor agrees to (select one option):
Option 1
Participate in the City’s drug and alcohol program established in compliance with 49 CFR
653 and 654.
Option 2
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to
establish its compliance with Parts 653 and 654, and permit any authorized representativ e
of the United States Department of Transportation or its operating administrations, the State
Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities
RFP 10005 On-site Concessions for South Transit Center Page 49 of 53
and records associated with the implementation of the drug and alcohol testing program as
required under 49 CFR Parts 653 and 654 and review the testing process. The contractor
agrees further to certify annually its compliance with Parts 653 and 654 before (insert date)
and to submit the Management Information System (MIS) reports before (insert date before
March 15) to (insert title and address of person responsible for receiving information). To
certify compliance the contractor shall use the "Substance Abuse Certifications" in the
"Annual List of Certifications and Assurances for Federal Transit Administration Grants and
Cooperative Agreements," which is published annually in the Federal Register.
Option 3
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to
establish its compliance with Parts 653 and 654, and permit any authorized representativ e
of the United States Department of Transportation or its operating administrations, the State
Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities
and records associated with the implementation of the drug and alcohol testing program as
required under 49 CFR Parts 653 and 654 and review the testing process. The contractor
agrees further to certify annually its compliance with Parts 653 and 654 before (insert date)
and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To
certify compliance the contractor shall use the "Substance Abuse Certifications" in the
"Annual List of Certifications and Assurances for Federal Transit Administration Grants and
Cooperative Agreements," which is published annually in the Federal Register. The
Contractor agrees further to [Select a, b, or c] (a) submit before (insert date or upon request)
a copy of the Policy Statement developed to implement its drug and alcohol testing program;
OR (b) adopt (insert title of the Policy Statement the recipient wishes the contractor to use) as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review
and approval before (insert date or upon request) a copy of its Policy Statement developed
to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to
be determined by the recipient, but may address areas such as: the selection of the certified
laboratory, substance abuse professional, or Medical Review Officer, or the use of a
consortium).
20. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT
(49 CFR Part 26)
Applies to contracts awarded on the basis of a bid or proposal offering to use DBEs.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The agency’s overall goal for DBE
participation is 2.29%.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure
by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the City of
Fort Collins deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
RFP 10005 On-site Concessions for South Transit Center Page 50 of 53
c. The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
21. PROMPT PAYMENT AND RETURN OF RETAINAGE
Applies to all contracts except micro-purchases.
The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the contractor’s receipt
of payment for that work from the City. In addition, the contractor may not hold retainage from
its subcontractors. The contractor must promptly notify the City whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete its
work and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. The contractor may not terminate any DBE subcontractor
and perform that work through its own forces or those of an affiliate without prior written
consent of the City.
22. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322)
Applies to all contracts except micro-purchases.
Recovered Materials - All parties agree to comply with all applicable requirements of
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247
that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
a. In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product
cannot be acquired:
• Competitively within a timeframe providing for compliance with the contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA -designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program
23. ASSIGNABILITY
Applies to all contracts except micro-purchases .
Neither the City nor the Contractor shall assign or transfer any of its rights or obligations
hereunder without the prior written consent of the other.
24. CITY OF FORT COLLINS BID PROTEST PROCEDURES
Applies to all contracts except micro-purchases.
RFP 10005 On-site Concessions for South Transit Center Page 51 of 53
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available
from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P.
O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by
emailing: Purchasing@fcgov.com or calling 970-221-6775.
25. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Applies to all contracts except micro-purchases .
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part
of this contract (or agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
26. INCREASING SEAT BELT USE IN THE UNITED STATES
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its
contractors to adopt and enforce on-the-job seat belt policies and programs for their
employees when operating company -owned, rented, or personally owned vehicles.
27. REDUCING TEXT MESSAGING WHILE DRIVING
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its
employees, subrecipients, and contractors to adopt and enforce policies that ban text
messaging while driving, and the City has established workplace safety policies to decrease
accidents caused by distracted drivers.