Loading...
HomeMy WebLinkAboutRFP - P945 DOWNTOWN CONCESSIONAIRE (3)City of Fort Collin ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: P945 Downtown Concessionaire OPENING DATE: 2:00 (Our Clock) July 2, 2004 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CHANGE: OPENING DATE: JULY 2, 2004 2:00 P.M. (OUR Clock) ADD: See revised Section 7.0 Vending Site Descriptions adding: Site 1 FOR DAY USE ONLY Site 3 FOR NIGHT USE ONLY RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BIDIQUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2"" Floor • P.O. Box 580 • Fort Collins, CO $0522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fcgov.com Weighting Qualifications Standard Factor 1.0 4. Quality of Product. Under this criterion, 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 the product is unacceptable - 0 points Quality of the product is acceptable - 5 points 1.0 5. Quality of the equipment. Degree Pictures, schematics, or other data that will support to which City specifications and and show the quality of your equipment should be requirements are met. Appearance of included in your response. Refer to Section 4.1. the equipment including the cart. Quality of the equipment including the Grading is as follows: cart. Equipment is unacceptable - 0 points Equipment is acceptable - 5 points The City reserves the right to inspect all equipment (if needed) to make a determination. 1.5 6. Payments to the City. The minimum that will be paid 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. Section 5.0 Vacant Sites 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 three (3) additional periods remaining for this Agreement. Section 6.0 Terms and Conditions 6.1 Single agreement. The intent of the RFP is to select one (1) outdoor vendor for each 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. REQUEST FOR PROPOSAL P945 DOWNTOWN CONCESSIONAIRE Section 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 Section 7.0. These are the only outdoor vending locations in the Downtown Plan Area. Attachment C designates the boundaries of the Downtown Plan Area. Section 2.0 How to Submit Your Proposal Submit your proposal using a completed Attachment A and such other supporting documents as are requested in this request for proposal. If you wish to vend at two (2) or more separate sites, you must submit separate proposals. If desired, designate your preference for alternate sites. Section 3.0 Mandatory conditions The City invites all interested vendors to complete and submit proposals. The following requirements will be contained in the Concessionaire Agreement. (See Attachment "B" for Sample). 3.1 Carts Required Concessionaires for locations in the downtown area will be required to have a mobile cart, unless it is for the one transportation location designated for such vending as buggy or sleigh rides. 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. 3.2 Product Designation and Quality Comparison The proposal must include a description of the products for sale. Quality comparisons, statements, or brochures are requested to review the quality of product. Attachment A - Proposal Form, Page 1 P945 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 site number found on Attachment C. List your first, second, and third choices for vending sites under Vending Site Number. Enter 'Day', `Night', or `Both' under Hours Requested for desired hours of operation. Vendors wishing to conduct vending at more than one location must submit a separate proposal for each site. VENDING SITE NUMBER HOURS REQUESTED 1st Site 2nd Site 3`d Site Read Section 3.0, 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 3.0, 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 Attachment A - Page Two Evaluation Criteria — P945 Your proposal will be evaluated based on the criteria found in Section 4.0. 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 checklist of the evaluation criteria. Did you designate your preference of location? 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? Attachment B — Sample Agreement (Provided for informational purposes, do NOT fill in) DOWNTOWN CONCESSION AGREEMENT THIS AGREEMENT is made and entered into this 30th day of June, 2004, 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: 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 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, 2005, 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 three (3) 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: Site # , concession area for 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. 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 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 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 designated area clean of all trash generated by the concession within 100 foot radius of site. Food vendors must use a tarp under cart to minimize grease deposits. Food and beverage vendors shall pay $720 annually or $65 per month for power washing of their assigned vending site. The annual payment shall be 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 10th of each month for every month the agreement is in force. Vendors at sites which are split between day and night operations shall pay $360 each, annually, or $32.50 per month. 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: Day - Two (2) to four (4) hours between 6am and 6pm, Daily. 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 2004 are June 5`h, June 261h, June 271h, August 215'and August 22"d 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 three (3) 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: Professional: City: With Copy to: City of Fort Collins City of Fort Collins, Treasury Division of Finance Purchasing PO Box 580 PO Box 580 Fort Collins, CO 80522 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. Location Type of Vending Site Comments Authorized Site 1 - Mountain & College intersection, south of Food, Beverage, Available For Beau Jo's, 102 E. Mountain Retail, Service av Use Onlv Site 2 - Public Right of Way (ROW) east of Beau Jo's Food Not by kiosk in front of 106 E. Mountain Available Site 3 - Oak Street Plaza, SE corner of Plaza, east of Food, Beverage, Available For Niaht Use Only wall Retail Service No electrical outlet Site 4 - Public ROW, SE corner of Mountain & Not Available College intersection, west of wall, north of Cache Food, Beverage, No electrical Bank &Trust Retail, Service outlet Site 5 - Public ROW, SW corner of Mountain & Available College intersection, east of wall, north of City Drug Retail, Service No electrical outlet Site 6 -Public ROW, at north entrance of Old Town Food, Beverage, Square, between the flag poles Retail, Service Available Site 7 -Public ROW, NW corner of Mountain & a Food, Beverage, Not Available Mason intersection. Retail, Service No electrical outlet Site 8 -Public ROW, NE Corner of Oak and College, Retail Service Available east of wall, south of Lind Optical No electrical outlet Available Food, Beverage, For Day Use Site 10 - Public ROW, SE corner of Oak & College. Retail, Service Only No electrical outlet Site 11 — Public ROW, NE corner of Walnut and Not Available Linden Food, Beverage No electrical outlet Site 12 — Loading Zone — Mountain Avenue entrance Not Available to Old Town Square Transportation 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 11, CPPO, FNIGP Director of Purchasing and Risk Management Print Name: Date: Title: Date: 7� m 6 3 E i5 Nosvw S is NOSV I N e ? a € 3* 3 3 W� V 3°) 3110:) S BAY 3331103 N 04 r g 3 � q 5 r ;. rtTTON COUftALY e, a ix NOIDNlwab �Is n E E z , w. is alA4Aawi YY. •A'F�� 'r 'j �+}� EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such 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 Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. City of Fort Collins Administrative Services Purchasing Division REQUEST FOR PROPOSAL CITY OF FORT COLLINS DOWNTOWN CONCESSIONAIRE PROPOSAL NO. P945 The Cityof FortCollins is requesting proposals from firms for outdoor vending in the downtown area. Written proposals, two (2) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St. 2nd floor, Fort Collins, Colorado 80521. Proposal No. P945. Proposals will be received before 2:00 p.m. (our clock), June 25„ 2004. If available sites do not receive proposals, those sites will remain open until an acceptable proposal is received. If delivers, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, Colorado 80522-0580. Questions concerning the scope of the project should be directed to the Project Manager, Linda Samuelson, (970) 221-6246; fax: (970) 221-6782. Questions regarding proposals submittal or process should be directed to David M. Carey, C.P.M., Buyer, (970) 416-2191 or fax (970) 221-6707. Email address: dcarey@fcgov.com. A copy of the Proposal may be obtained as follows: Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to request document #30945. 2. Download the Proposal/Bid from the Purchasing Webpage, www.fcqov.com/purchasing. 3. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Bid. 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. Sincerely, 9es B. ONeill II, CPPO, FNIGP tor of Purchasing &Risk Management 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 CITY OF FORT COLLINS REQUEST FOR PROPOSAL DOWNTOWN CONCESSIONAIRE OUTDOOR VENDING PROPOSAL NO. P- 945 Proposal Date: 2:00 p.m. (our clock), June 25, 2004 TABLE OF CONTENTS 1.0 Introduction 2.0 How to Submit Your Proposal 3.0 Mandatory Conditions During the Contract Period 4.0 Evaluation Criteria 5.0 Terms and Conditions 6.0 Vending Site Description Attachment A —Vending Proposal Attachment B — Sample Concession Agreement Attachment C — Map of Downtown Concession Area Section 7.0 Vending Site Descriptions Location Type of Vending Site Comments Authorized Site 1 - Mountain & College intersection, south of Food, Beverage, Not Available Beau Jo's, 102 E. Mountain Retail, Service Site 2 - Public Right of Way (ROW) east of Beau Jo's Food Not Available by kiosk in front of 106 E. Mountain Site 3 -Oak Street Plaza, SE corner of Plaza, east of e, Food, Beverage, Not Available wall Retail Service No electrical outlet Site 4 - Public ROW, SE corner of Mountain & Food, Beverage, Not Available College intersection, west of wall, north of Cache Retail, Service No electrical Bank & Trust outlet Site 5 - Public ROW, SW corner of Mountain & Retail, Service Available College intersection, east of wall, north of City Drug No electrical outlet Site 6 -Public ROW, at north entrance of Old Town Food, Beverage, Available Square, between the flag poles Retail, Service Site 7 -Public ROW, NW corner of Mountain & e, Food, Beverage, Not Available Mason intersection. Retail, Service No electrical outlet Available Site 8 - Public ROW, NE Corner of Oak and College, Retail Service electrical east of wall, south of Lind Optical outlet outlet Available Food, Beverage, For Day Use Only Site 10 - Public ROW, SE corner of Oak & College. Retail, Service No electrical outlet Site 11 — Public ROW, NE corner of Walnut and Food, Beverage Not Available No electrical Linden outlet Site 12 — Loading Zone — Mountain Avenue entrance Transportation Not Available to Old Town Square 3.3 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 proposal and agreed to by the City. 3.4 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 2004 are June 5`h, June 261', June 27", August 215f and August 22"d. 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. 3.5 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. 3.6 Monetary Provision The agreed upon monetary provisions of your proposal will be included in the agreement. 3.7 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. 3.8 Signage All signs on the concession cart must be approved by the City. 3.9 Designated Locations and Boundaries The concessionaire must stay within his or her designated ten (10) foot x ten (10) foot location, 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. 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. 3.10 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 licenses or permits. Currently required are State and City Sales and Use Tax licenses for any vending operation, and Larimer County Health Department licenses for Food or Beverage operation 3.11 Trash Concessionaires shall be required to supply an acceptable trash receptacle and keep the designated area clean of all trash generated by the concession within 100 foot radius of site. Food vendors must use a tarp under cart to minimize grease deposits. 3.12 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 three (3) additional one-year periods. 3.13 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. 3.14 Sales Tax Returns and Payments All sales tax returns and 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. Food and beverage vendors shall pay $720 annually or $65 per month for power washing of their assigned vending site. The annual payment shall be due prior to starting the initial term or June 1 in any renewal term. Monthly payments shall be paid to the City Sales Tax Office prior to the 101h of each month for every month the agreement is in force. Vendors at sites which are split between day and night operations shall pay $360 each, annually, or $32.50 per month. Section 4.0 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 criterion, the criteria, and how the criteria is looked at or scored. Weighting Qualifications Standard Factor 3.0 1. Number of years experience Respondent will be given: vending in the Fort Collins 1 point for zero to less than 2 years. Downtown Plan Area Out -of- 2 points for 2 to less than 5 years. doors on public or private 3 points for 5 to less than 10 years.4 points for 10 years and over. property. Tell how many years you have vended outdoors in the Downtown Plan Area. 1.5 2. Number of years experience Points are awarded the same as in the above factor. State how vending in outdoor vending many years you have vended out-of-doors. If your experience is not anywhere in Fort Collins or any in the City of Fort Collins, you must submit proof of your vending other city. 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. 2.0 3. Compatibility with the Your proposal should state how your operation will meet each of the Downtown Plan which addressed following criteria: major policy needs in the Downtown Plan Area. This plan • Land Use. How it will blend with the land use of the Downtown was passed by the City Council in Plan area. 1989. • Transportation. How your product will help promote pedestrian foot traffic or alternative modes of transportation. • 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. • Security. How will security be addressed for your operation and your vending area? • Parking. What do you foresee as the impact on parking? • Maintenance. Please address how you will maintain: your equipment, and the area you wish to be assigned. • Economic Development. Please tell how your operation will promote economic development in the area, and the data you base these assumptions on. • Conducive to aesthetics of the area. How will your operation improve the aesthetics of the area and your location? • Conducive to ambiance of the area. How will your operation improve the ambiance of the area? • 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 10, one (1) point is given. 6 of the 10, two (2) points are given. 8 of the 10, three (3) points are given. 10 of the 10, four (4) points are given.