HomeMy WebLinkAboutRFP - P758 DOWNTOWN CONCESSIONAIRECity of Fort Collins
Admin' -ative Services
Purchasing, Division
CITY OF FORT COLLINS
REQUEST FOR PROPOSAL
DOWNTOWN CONCESSIONAIRE OUTDOOR VENDING
PROPOSAL NO. P- 758
Proposal Date: May 10, 2000, 2:30p.m. (Our clock)
256 W. Mountain Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
6.0 Terms and Conditions
6.1 Vending agreements for day, night, or both for each awarded vending location.
6.2 If a proposer does not execute an agreement within ten (10) days of offer by the City, the
City may give notice to the proposer that the location will be offered to the next highest
ranked proposer for that location, call for new proposals, or leave the location vacant.
6.3 Proposers should structure their RFP in the same numerical order that the mandatory
conditions and review criteria are listed.
6.4 The City reserves the right to deny granting a concessionaire agreement to any vendor
who has had past breaches in concession agreements with the City.
6.5 The Agreement. A final agreement drafted by the City and signed by the City and the
proposer that will contain the complete agreement concerning the concession and the use
of the concession space.
6.6 General hours of operation are set forth in the attached sample agreement in Section 3 (N).
Actual operating hours will be negotiated for each site within the time periods defined as
"Day", "Night', and "Both".
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Attachment B - Vending site Descriptions for 2000
** Note: Some site descriptions have changed or renumbered, three old sites were deleted,
and two new sites added. Read the descriptions carefully.
Location
Type of Vending
Authorized
Site 1 - Mountain & College intersection, south of Beau Jo's, 102
Beverage, Retail,
E. Mountain
Service
Site 2 ePublic Right of Way (ROW) east of Beau Jo's by kiosk in
Food
front of 106 E. Mountain
Site 3 - Oak Street Plaza, SE corner of Plaza, east of wall
Food, Beverage,
Retail, Service
ite 4 - Public ROW, SE corner of Mountain & College
Food, Beverage,
intersection, west of wall, north of Liberty Savings Bank
Retail, Service
Site 5 - Public ROW, SW corner of Mountain & College
Beverage, Retail,
intersection, east of wall, north of City Drug
Service
Site 6 - Public ROW, at north entrance of Old Town Square,
Food, Beverage,
between the flag poles
Retail, Service
Site 7 - ublic ROW, NW corner of Mountain & Mason
Food, Beverage,
intersection in front of City Human Resources Office
Retail, Service
Site 8 - Public ROW, Olive Street entrance to Post Office
Food, Beverage,
Retail, Service
Site 9 - Public ROW, SW corner of College & LaPorte, N of Parilla
Beverage, Retail,
Grille
Service
ite 10 — Public ROW, SE corner of Oak & College, North of Blue
Food, Beverage,
Cross & Blue Shield Bldg
Retail, Service
No electrical service is available at any site, except for Site #1.
Attachment C - Proposal Form
P-758, Downtown Concessionaire
Proposal to Vend in the Downtown Concession Area:
Your name and your business name, if applicable.
Name:
Business Name:
Address:
Phone Number:
My choices of outdoor vendor sites are as follows:
Please refer to the locations by the site number found on Attachment B. List your choice
under "Vending Site Number". More than one site may be listed if you intend to vend at
more than one location. If you are not chosen for one or more of those sites, alternate
choices must be requested under "Alternate Site Number" in order to be considered for
other locations. Enter "DAY", "NIGHT", or "BOTH" for desired hours of operation.
VENDING SITE NUMBER HOURS
ALTERNATE SITE NUMBER HOURS
1st Site Alternate
2nd Site Alternate
3rd Site Alternate
Read Section 4.0, Mandatory Conditions and Section 6.0, Terms and Conditions. These
conditions will be a component of the final contract. Please read those sections and sign
the following statement.
I hereby acknowledge that I will comply with all mandatory conditions as stated and
explained in Sections 4.0, Mandatory Conditions and 6.0, Terms and Conditions of the
Downtown Concessionaire Outdoor Vending Request for Proposal.
Your Printed Name and Business
Your Signature
Date
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Attachment C - Page Two
Evaluation Criteria
Your proposal will be evaluated based on the criteria found in Section 5.0. In your proposal,
please respond to the criteria in the order they are presented. Read the standards carefully
before responding.
1. Number of years experience vending in the Fort Collins Downtown Plan Area out-of-doors
on public or private property. Respond below.
Number of years
(Use calendar years)
2. Number of years of experience in outdoor vending anywhere in Fort Collins or any other
city. You must submit verifiable documentation to support vending in other cities.
Number of years
(Use calendar years)
3. Compatibility - On a separate sheet respond to the standards. The more standards you
meet and the better you meet them, the higher your score. There are ten standards in total.
4. Quality of product - On a separate sheet respond to the standard. Your written analysis
and comparison and any other supporting information
should be attached to your proposal and should be
noted as Product.
5. Quality of equipment - On a separate sheet respond to the standard. Your written
analysis and any other supporting information should be attached to your proposal and
should be noted as Equipment.
6. Payments to the City - Respond to the standard below. Please enter your proposed
payment by marking the appropriate amount.
I will pay the city:
$120 per year
$120 per year and 1% of gross
$120 per year and 2% of gross
$120 per year and 3% of gross
NOTE: Before submitting your proposal you should complete the following check list of the
evaluation criteria.
Did you designate your preference of locations and hours of operation?
Did you enter your vending experience and submit any needed documentation?
Did you submit your compatibility responses and attach them?
Did you submit the information to support the quality of product and equipment?
Did you enter the amount you propose to pay to the City?
10
Attachment D - Sample Agreement
DOWNTOWN VENDING CONCESSION AGREEMENT
THIS AGREEMENT is made and entered into this 15t day of June, 2000, by and between THE CITY
OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and (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:
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 the concession specifications which are
attached as Exhibit A and 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, 2001, unless sooner terminated as herein provided. The City may, at its option, renew
the agreement for additional terms, to a maximum of four additional one year terms. However,
either party may terminate this agreement without 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:
11
concession area for outdoor vending. The Concessionaire shall have the exclusive right to operate
(outdoor vending) concession within this area in accordance with the concession specifications
(Exhibit A).
A. 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. 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. 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.
D. 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 license, City, County, 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. The Concessionaire shall indemnify, save and hold harmless the City from all claims and
losses, including costs and reasonable attorneys fees arising directly or indirectly out of the
Concessionaire's use of the concession area or operation of the concession. The
Concessionaire shall maintain commercial liability insurance in the amount of $500,000
combined single limits.
F. The operation of the concession granted under this Agreement shall, at all times, conform vWth
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.
G. All signs on the concession cart must be approved by the City. Signs may be displayed in or
on the cart only.
H. 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 with the specifications in
Exhibit A, 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.
Equipment such as tables, chairs, benches and displays not attached to the cart may not be
used. Merchandise must be restricted to the cart only.
J. Concessionaire shall supply a trash receptacle and keep the concession area clean of all
trash. Food and beverage vendors shall pay $500 annually or $45 per month for power
washing of their assigned vending site. The annual payment shall be due prior to June 1 of
the initial term or any renewal term. Monthly payments shall be paid at the City Sales Tax
Office prior to the 10th of each month for every month the agreement is in force.
K. 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. 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. 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. The Concessionaire must keep the concession area open for business as directed by the City.
Until otherwise agreed by the parties, the minimum hours the concession area shall be open
are as follows:
Day — Minimum of four hours daily between 6am and 6pm; or
Night — Minimum of four hours daily between 6pm and 6am; except
for inclement weather and national holidays or holidays recognized by the City where
City offices (except for emergency personnel) are closed.
O. Inclement Weather: The Concessionaire shall not be required to operate the concession
when it is raining, snowing, hailing, abnormally windy or when the air temperature is below 50
degrees Fahrenheit.
P. Product. The products authorized are those described in Exhibit A. 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.
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. 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.
B. This Agreement may not be enlarged, modified or altered except in writing, signed by the
parties as an amendment hereto.
C. No waiver of any breach of this Agreement shall be held or construed to be a waiver of any
subsequent breach thereof.
D. 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.
E. The location assigned is not transferable to another vendor or concessionaire.
F. 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.
G. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and
assigns of the parties hereto.
H. 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.
I. 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:
City of Fort Collins
Treasury Division of Finance
PO Box 580
330 S College Ave
Fort Collins, CO 80522
Concessionaire:
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:
Concessionaire:
By: By:_
James B. O'Neill II, CPPO
Director of Purchasing and Risk Management Title:
Date: Date:
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REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
DOWNTOWN CONCESSIONAIRE - 2000
PROPOSAL NO. P- 758
The City of Fort Collins is requesting proposals from firms for outdoor vending in the downtown
area.
Written proposals, (three (3)) will be received at the City of Fort Collins' Purchasing Division, 256
West Mountain Avenue, Fort Collins, Colorado 80521. Proposals will be received before 2:30pm
(our clock), May 10, 2000. Proposal No. P-758.
Questions concerning the scope of the project should be directed to the Project Manager, Linda
Samuelson, (970) 221-6246; fax: 970-221-6247.
Questions regarding proposals submittal or process should be directed to Jim Hume, Buyer, 970-
221-6776 or fax 970-221-6707. Email address: jhume@ci.fort-collins.co.us
Sales prohibited/conflict of interest: No officer, employee, or their dependent or person residing in
and sharing the expenses of their household, shall have a financial interest in the sale to the City
of any real or personal property, equipment, material, supplies, or services. This rule also applies
to subcontracts with the City. This shall not apply to members of any authority, board, committee
or commission of the City, other than the members of the City Council. Soliciting or accepting any
gift, gratuity favor, entertainment, kick -back 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. Any vendor knowing of
this type of activity is encouraged to report in confidence to the Director of Purchasing and Risk
Management, Director of Finance, City Attorney or City Manager so the matter can be dealt with.
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.
Sincerely,
Ja s B. O'Neill II, CPPO
ctor of Purchasing & Risk Management
TABLE OF CONTENTS
1.0 Introduction
2.0 Timeline
3.0 How to Submit Your Proposal
4.0 Mandatory Conditions During the Contract Period
5.0 Evaluation Criteria
6.0 Terms and Conditions
Attachment A - Map of Vending Sites
Attachment B - Vending site descriptions
Attachment C - Vending Proposal
Attachment D - Sample Concession Agreement
REQUEST FOR PROPOSAL
FOR DOWNTOWN CONCESSIONAIRE
OUTDOOR VENDING
1.0 Introduction
The City of Fort Collins (the City) is a municipal corporation which derives its power from the home
rule charter of the City and from applicable Colorado state law.
The City is requesting proposals for outdoor concessionaire vending in the Downtown Plan Area.
The locations that are available for use by outdoor concessionaires can be found in Attachment A.
Until June 1, 2000 these shall be the only outdoor vending locations in the Downtown Plan Area.
2.0 Timeline
Requests for proposals (RFP's) solicited .
RFP's due back 5/10/2000.
RFP's reviewed thru 5/17/2000.
RFP's awarded 5/24/2000.
Vendors operational 6/1/2000.
3.0 How to Submit Your Proposal
Submit your proposal using a completed Attachment Cand such other supporting documents as
are requested in this request for proposal. One proposal is sufficient if you wish to conduct the
same type vending at multiple sites. For different types of vending at multiple sites, a separate
proposal is required for each type. For each site requested on Attachment C, list alternate sites for
which you would like to be considered if you are not selected for the requested site.
4.0 Mandatory conditions
The City invites all interested vendors to complete and submit proposals. The following
requirements will be contained in the concessionaire agreement.
4.1 Carts Required
Concessionaires for locations in the downtown area 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. Photographs, blueprints or design specifications
of the mobile cart must be submitted and clearly show the design and quality of the cart to be
used. Include a description that details the type of materials used to make the cart. During
the agreement, the cart is subject to inspection by appropriate City staff. The agreement will
address acceptable levels of maintenance and appearance during the concession agreement.
The cart must be removed from the right-of-way when not in use. For public safety reasons
and to ensure proper transportation flow, each space that has been designated for outdoor
vending in the Downtown Plan Area will accommodate the maximum size that is allowed.
Peripheral equipment such as tables, chairs, benches may not be used. The concessionaire
and merchandise is restricted to the cart approved area.
4.2 Product Designation and Quality Comparison
The Request for Proposals must include a description of the products for sale. Quality
comparisons, statements, or brochures are requested to review the quality of product.
4.3 Dates and Hours of Operation
The Concession agreement sets forth the dates and hours of operation. Specific issues will
be addressed such as temperature and weather limitations. If alternative hours are requested,
they must be stated in your Request for Proposal and agreed to by the City.
4.4 Insurance Requirements
The agreement will require commercial general liability naming the City as additional insured.
The amount of coverage will be $500,000 as well as indemnification for the City. If deemed
necessary, bonding may be required.
4.5 Monetary Provision
The agreed upon monetary provisions of your proposal will be included in the agreement.
4.6 Not Transferable
a. An unexpired concessionaire agreement may not be transferred to anew concessionaire.
b. The purchase of an existing concession business does not include transfer of the
concessionaire agreement with the City.
4.7 Signage
All signs on the concession cart must be approved by the City.
4.8 Designated Locations and Boundaries
The concessionaire must stay within his or her designated location. Surrounding trees or
public property may not be utilized for display purposes or for the purposes of expanding the
concession site beyond its designated boundaries. Such action could cause the agreement
to be voided and the license to be canceled.
2
4.9 Licenses, Laws, Rules and Regulations
Concessionaires shall be required to comply with all applicable laws, rules and regulations
governing their activities and must obtain all applicable City, County, State, and Federal
licenses or permits.
4.10 Trash
Concessionaires shall be required to supply an acceptable trash receptacle and keep the
designated area clean of all trash generated by the concession. Each food and beverage
vendor must pay $500 annually or $45 per month for power washing of their designated food
vending area.
4.11 Agreement Renewal
The agreement will be reviewed annually and, at the City's option, may be renewed for
additional one (1) year periods not to exceed four (4) additional one-year periods.
4.12 Power Source
Any concessionaire needing electrical power will be required to provide for such power
through the City Light & Power Department. Arrangements to supply power should be
reviewed with the appropriate departments prior to submitting a proposal for the location.
Portable generators will not be permitted due to concerns regarding compatibility and noise.
4.13 Sales Tax Returns
All sales tax returns must be filed by their due date. No assessment fees, penalties or interest
will be waived.
5.0 Evaluation Criteria
All mandatory conditions must be agreed to by the concessionaire. Any objections to these
conditions may result in rejection of the proposal. The following pages show the weight that is given
to each criteria, the criteria, and how the criteria is looked at or scored.
3
Weighting
Factor
Qualifications
Standard
3.0
1. Number of years experience
Respondent will be given:
vending in the Fort Collins Downtown
1 point for zero to less than 2 years.
Plan Area Out-of-doors on public or
2 points for 2 to less than 5 years.
private property.
3 points for 5 to less than 10 years.
4 points for 10 years and over.
Tell how many years you have vended
outdoors in the Downtown Plan Area.
1.5
Points are awarded the same as in the
2. Number of years experience in
above factor. State how many years you
outdoor vending in Fort Collins or any
have vended out-of-doors. If your
other city.
experience is not in the City of Fort Collins,
you must submit proof of your vending
elsewhere and give us a contact name or
phone number to verify, if needed. An
example of documentation would be copies
of sales tax returns for individual years in
another city.
3. Compatibility with the Downtown
Your proposal should state how your
2.0
Plan which addressed major policy needs
operation will meet each of the following
in the Downtown Plan Area. This plan
criteria:
was passed by the City Council in 1989.
1. Land Use. How it will blend with the
land use of the Downtown Plan area.
2. Transportation. How your product will
help promote pedestrian foot traffic or
alternative modes of transportation.
3. Design. Provide a picture, sketches, or
a written explanation of your operation
regarding design and how this will blend
with the design of the area.
4. Security. How will security be
addressed for your operation and your
vending area.
5. Parking. What do you foresee as the
impact on parking.
6. Maintenance. Please address how you
will maintain:
a. your equipment, and
b. the area you wish to be assigned.
(Continued on the next table)
4
Weighting Qualifications Standard
Factor
(Continued from the previous table)
7. Economic Development. Please tell how
your operation will promote economic
development in the area, and the data you
base these assumptions on.
8. Conducive to aesthetics of the area. How
will your operation improve the aesthetics
of the area and your location.
9. Conducive to ambiance of the area. How
will your operation improve the ambiance
of the area.
10. Uniqueness of the product or service.
Please describe the uniqueness of your
product or services and how this will
benefit the Downtown Plan Area.
Answers must relate to the specific
compatibility criteria. Answers that are
satisfactory will be scored as one point each.
Therefore the maximum criteria that can be met
under this factor is 10. If a proposal adequately
addresses and meets:
4 of the ten, one point is given.
6 of the ten, two points are given.
8 of the ten, two points are given.
10 of the ten, two points are given.
Weighting
Qualifications
Standard
Factor
1.0
4. Quality of Product.
Under this criteria, the proposer should submit
written or pictorial data about the products to
be sold plus a comparison of grades or quality
to comparative products.
Grading is as follows:
Quality of product is unacceptable - 0 points
Quality of product is acceptable - 1 point
5. Quality of the equipment. Degree
Pictures, schematics, or other data that will
to which City specifications and
support and show the quality of your
requirements are met. Appearance of
equipment should be included in your
the equipment including the cart.
response. Refer to Section 4.1.
Quality of the equipment including the
cart.
Grading is as follows:
1.0
Equipment is unacceptable - 0 points
Equipment is acceptable - 1 point
The City reserves the right to inspect all
equipment (if needed) to make a
determination.
Weighting
Qualifications
Standard
Factor
The minimum that will be paid to the City
1.5
6. Payments to the City.
regardless of numbers of months operated is
$120.
Grading is a follows:
$120 - 1 point
$120 plus one percent of gross - 2 points
$120 plus two percent of gross - 3 points
$120 plus three percent of gross - 4 points
All Criteria will be rated, extended and added. The highest score for each location will be awarded
that location for vending purposes. A Concession Agreement must be executed between the
awarded vendor and the City of Fort Collins before vending can begin.
The City reserves the right to orally interview each proposer who has submitted a completed
proposal.
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