HomeMy WebLinkAboutRESPONSE - RFP - P1020 DOWNTOWN CONCESSIONAIREAttachment "C"
TO BE INCLUDED WITH PROPOSAL
Proposal Form
P1020 Downtown Concessionaires
Page 1 of 2
Your name and if applicable, your business name.
Name:
Title: L) , z)VwV,-- `-
Business
Address:
9dt)-a-4
Phone Number:
Choices of outdoor vendor sites are as follows:
➢ Refer to the locations by site number found on Attachment'B'.
➢ List first, second, and third choices for vending sites under Vending Site Number.
➢ To be considered for alternative sites, if not selected for first choice, second or third
choices must be specified.
➢ Enter'Day', 'Night', or'Both' under Hours Requested for desired hours of operation.
➢ Concessionaires wishing to conduct vending at more than one location must submit a
separate proposal for each site.
CHOICE VENDING SITE NUMBER
1st is
3rd
HOURS REQUESTED
I hereby acknowledge that l will comply with all mandatory conditions as stated and explained in
Sections 3.0, Mandatory Conditions and 5.0, Terms and Conditions of the Downtown
Concessionaire Request for Proposal.
Print Name
Attachment "C"
TO BE INCLUDED WITH PROPOSAL
Proposal Form
P1020 Downtown Concessionaires
Page 2 of 2
Proposal will be evaluated based on the criteria found in Section 4.0.
Concessionaire should structure proposal in the same numerical order that the mandatory
conditions and review criteria are listed.
1. Number of years experience outdoor vending in Fort Collins or another city*.
*If experience is not in the City of Fort Collins, include proof of vending elsewhere and
list a contact name or phone number to verify. An example of documentation would be
copies of sales tax returns for individual years in another city.
Number of years: --7'015 r 3
2. Number of years experience outdoor vending in the Fort Collins Downtown Plan Area on
public or private property.
Number of years:
3. Quality and Suitability of Product:
Include description and/or pictures of the products to be sold with estimated prices.
4. Quality/Appearance of Equipment*:
Degree to which City specifications and requirements are met. Include pictures,
schematics, or other data that will support and show the quality/appearance of equipment,
including the cart.
*The City reserves the right to inspect all equipment to make a determination.
5. Payments to the City:
The minimum that will be paid to the City, regardless of numbers of months operated, is the
$120 annual fee plus monthly power washing charge.
Enter proposed payment by marking the appropriate amount.
$120 annual fee only I c90anNt10-I 'fee O
il
$120 annual fee plus 1 % of gross receipts
$120 annual fee plus 2% of gross receipts
$120 annual fee plus 3% of gross receipts
Attachment "D"
Sample Agreement
(For informational purposes, do not fill in or submit with proposal);
DOWNTOWN CONCESSION AGREEMENT
THIS AGREEMENT is made and entered into this 1s` day of June, 2006, by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and CSo jar1"-4
-e %h weol'-- & e-C _ (Concessionaire).
WITNESSETH
WHEREAS, the City Council passed Ordinance No. 36, 1994, establishing the Downtown Plan
Area as a concession area for the sale of goods and services from outdoor locations; and
WHEREAS, the City has established various concession locations in the Downtown Plan Area;
and
WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts
from the City a concession for outdoor vending at:
Site #
NOW THEREFORE, in consideration of the mutual covenants and obligations herein
expressed, the parties agree as follows:
Section 1. Contract Documents
The contract documents consist of this Agreement and Exhibits A & B incorporated herein by
this reference. These form the contract, and are incorporated herein by this reference.
Section 2. Terms of the Agreement
A. This Agreement shall be effective from the date of the Agreement as entered above,
until May 31, 2007, unless sooner terminated as herein provided. The City may, at its
option, renew the Agreement for additional one (1) year terms, to a maximum of for (4) -THREE
additional one year terms. However, either party may terminate this Agreement without L3)
cause, by providing written notice to the other party of its intention to terminate at least
thirty (30) days prior to the end of the then existing term.
B. In the event that the concession location can not be used because of improvements
being made at the concession location, this Agreement may be suspended on 30 days
notice to the Concessionaire. The suspension shall continue until the improvements are
completed or it is determined that the location can no longer be used as a concession site.
The City will use a good faith effort to relocate the concession site if needed.
Section 3. Concession Operations
The City hereby grants Concessionaire a concession for the use of the property described as:
Site # concession area (per Exhibit A) for (Night,6DY or Both) outdoor vending.
The Concessionaire shall have the exclusive right to operate an outdoor vending concession
within this area in accordance with the agreement.
A. Independent Contractor: The services to be performed by the Concessionaire are
those of an independent contractor and not as an employee of the City. The City shall not
be responsible for withholding any portion of Concessionaire's compensation hereunder
for the payment of FICA, Worker's Compensation or otherwise.
B. Records: The Concessionaire shall keep adequate and proper business records of
all expenses and receipts of the concession operations. At the request of the City, all such
business records shall be made open and available for inspection and audit by the City of
Fort Collins Treasury Division.
C. Monetary Provision: The Concessionaire agrees to pay the City an amount equal to
One Hundred and Twenty Dollars ($120.00) per year, plus (_) percent of gross
receipts from the concession operations conducted pursuant to this Agreement. Gross
receipts shall include all revenues, excluding sales tax received by the concessionaire
from concession operations. All such gross receipt payments shall be paid to the City on
the same day that sales and use tax payments are due. However, the payments for the
concessions must be submitted separately. The $120 annual fee is due prior to June 1 in
the initial term or any renewal term. Monthly payments shall be paid to the City Sales Tax
Office prior to the 1 & of each month for every month the agreement is in force.
D. Licenses: The Concessionaire shall obtain and pay for all licenses needed for the
operation of the concession including, but not necessarily limited to, a County Health
Department Food Services establishment inspection, City and State sales tax licenses.
Any such licenses held specifically by the Concessionaire in connection with this
Agreement shall be surrendered by the Concessionaire at the time of termination of this
Agreement.
E. Laws, Rules & Regulations: The operation of the concession granted under this
Agreement shall, at all times, conform with all applicable Federal, State, and local laws
and with all applicable rules and regulations adopted by the City or any of its Boards or
Departments.
F. Insurance/ Indemnity: The Concessionaire shall indemnify, save and hold harmless
the City from all claims and losses, including costs and reasonable attorney's fees arising
directly or indirectly out of the Concessionaire's use of the concession area or operation of
the concession. The Concessionaire shall take all necessary precautions in performing
the work hereunder to prevent injury to persons and property.
The Concessionaire shall maintain commercial liability insurance in the amount of
$500,000 combined single limits naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit B. The Concessionaire
before commencing services hereunder, shall deliver to the City's Director of Purchasing
and Risk Management, PO Box 580, Fort Collins, CO 80522, one (1) copy of a certificate
evidencing the insurance coverage required from an insurance company acceptable to the
City.
G. Signage: All signs on the concession cart must be approved by the City. Signs may
be displayed in or on the cart only unless additional signage is approved by City staff.
H. Cart: The Concessionaire will be required to have a mobile cart. The cart may not
exceed the size of four (4) foot wide, ten (10) foot long and eight (8) foot high, excluding
roof overhangs and wheels. The design and appearance of the cart must conform to the
specifications described in Concessionaire's proposal, unless otherwise agreed to in
writing by the parties before the cart may be used at the concession area. The City
reserves the right to approve any modifications, changes, or alternative cart. The cart is
subject to inspection by City. The cart must be maintained and repaired to the City's
satisfaction. The cart must be removed from the right-of-way when not in use.
I. Restrictions: Equipment such as tables, chairs, benches and displays not attached to
the cart may not be used except for items & equipment authorized, in writing, by the City
Representative. Merchandise must be restricted to the cart or appropriate storage
containers if authorized. Vendor area must not exceed 10 X 10 feet, excepting only a tarp
or other protective medium placed to protect underlying surface. Cart must be located in
approved location on site and cannot impede pedestrian flow on the sidewalk.
J. Cleanliness: Concessionaire shall supply a trash receptacle and keep the
concession area clean of all trash within 100 foot radius of site. Food concessionaires
must use a tarp under cart to minimize grease deposits and pay site cleaning fee.
Concessionaire shall pay $ per month cleaning fee for power washing of their
assigned vending Site # Vendors at sites which are split between day and night
operations with another food and beverage vendor shall pay'/2 of power washing fee.
K. Sales Tax Returns: All sales tax returns and concessionaire payments to the City
associated with the concession operation must be filed by their due date. No assessment
fees, penalties or interest will be waived by the City.
L. Power Source: If the Concessionaire needs electrical power the Concessionaire
must provide for such power through the City Light & Power Department at the
Concessionaire's expense. Arrangements to supply power to the concession area must
be reviewed with the appropriate City departments. Portable generators will not be
permitted due to concerns regarding compatibility and noise.
M. Stock: The Concessionaire shall maintain an adequate stock of supplies on hand for
all occasions in order to supply the need of parties desiring to patronize the concession
area.
N. Hours: The Concessionaire must keep the concession area open for business as
directed by the City. Days of operation shall be agreed to by both parties and the
minimum hours of operation must be maintained. Minimum hours are:
/✓lard - �S'u �-u
Two (2) to four (4) hours between � and on (days of week) .
Concessionaire is not required to operate on national holidays or holidays
recognized by the City where City offices (except for emergency services offices) are
closed.
O. Inclement Weather: The Concessionaire shall not be required to operate the
concession when it is raining, snowing, hailing, and abnormally windy or when the air
temperature is below 50 degrees Fahrenheit.
P. Product. The products authorized are as described in Concessionaire's proposal
and agreed to by the City. The City will not pre -authorize new products but does reserve
the right to review any new products that may be added. This is to ensure that the new
products meet the same quality as those proposed in the original Request for Proposal.
Q. Blackout Dates. Concessionaire will not be allowed to operate in granted site during
the following special events in the downtown area: Old Town Car Show, Colorado Brewers
Festival and New West Fest. Dates for 2006 are June 10t', June 24"', June 25t', August
19th and August 20th. Contact the Downtown Business Association (DBA) at (970) 484-
6500 to receive an application for a site at these events, and event dates for subsequent
years of this contract. The DBA will work with concessionaires regarding the location of
the site and a discounted booth rate.
Section 4. General Conditions
A. The Concessionaire shall neither assign, any of the rights nor delegate any of the
duties under the provisions of this Agreement without having first obtained the written
permission of the City. The Concessionaire shall not sublet any portion of the concession
area or allow any other person to take possession of any portion of the concession areas
without the written consent of the City.
B. Vacant sites resulting from either no -bid or termination may be filled at anytime for
the duration of the current one (1) year period. Responsible parties will be awarded
vacant sites as acceptable proposals are received. The city may, at its option, renew the
Agreement for the formerly vacant sites for additional one (1) year periods not to exceed
the balance of the four (4) additional periods remaining for this Agreement.
C. This Agreement may not be enlarged, modified or altered except in writing, signed by
the parties as an amendment hereto.
D. No waiver of any breach of this Agreement shall be held or construed to be a waiver
of any subsequent breach thereof.
E. It is expressly understood and agreed by and between the parties hereto that in the
performance of the terms and conditions of this Agreement, time is of the essence.
F. The location assigned is not transferable to another vendor or concessionaire.
G. Fixtures and Improvements:
1. The Concessionaire agrees that all auxiliary equipment needed to operate
the Concession shall be installed at its expense. Prior to making any and all
improvements on said premises, the Concessionaire agrees to obtain the
approval of the appropriate City Department and shall supervise the
construction of said improvements.
2. Upon the termination of this Agreement the Concessionaire shall remove
any fixtures or improvements made by it to the concession area. However, the
concession area must be restored to as good a condition as the premises were
in at the time the Concessionaire took possession thereof.
H. This Agreement shall be binding upon and inure to the benefit of the heirs,
successors, and assigns of the parties hereto.
I. If either party must resort to legal action to enforce the terms of this Agreement, the
prevailing party shall be awarded its costs and reasonable attorney's fees
J. Any notice required or desired to be given under this Agreement will be considered
delivered to the other party upon hand delivery or upon its deposit in the United States
mail, postage prepaid, sent by registered mail, addressed to the other party at the
following address:
City: Concessionaire:
City of Fort Collins.G�I?Z_
Purchasing Division
P.O. Box 580
Fort Collins, CO 80522
K. Notwithstanding the time periods contained herein, the City may terminate this
Agreement at any time without cause by providing written notice of termination to the
Concessionaire. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid
and sent to the above address.
Section 5. Default
A. The Concessionaire shall be in default under the terms and conditions of this
Agreement, if the Concessionaire fails to cure the default within ten (10) days after written
notice setting forth the nature of the default is delivered to the Concessionaire.
B. In the event the default is not timely cured, the City may elect to (a) terminate this
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance or (c) avail itself of any other remedy at law or equity.
City:
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Concessionaire:
By:
Prii
Date: Title: 0 (,C)Q P4,--
Date: A1,624
�5/erJto�
Solaris Eyewear, LLC
PO Box 272610
Fort Collins, CO 80527
Phone: 970.672.4321
Fax: 480.247.4609
Description:
Solaris Eyewear specializes in retail sales of current, high fashion style sunglasses at a reasonable price.
Sample Sunglass Photo:
Product: High Fashion Sunglasses
Price Range: $10-$25 per pair
Cart Photo:
I am using Ed Stoner's Wooden Cart, from Old Town Square Properties, which has been in the square.
Please feel free and contact me with any questions.
Sincerely, --''
Heather Bowyer
Solaris Eyewear, LLC
Phone: 970.672.4321
Cell: 970.232.5710