HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1127 CONCESSION EVENT BEVERAGE SERVICES- MULTIPLE FACILITIES (4)6a
Financial
rc Nzsino Division
g Division
21
215 N. Mason SC 21° Floor
City of Fort Collins j.,/�/ p7�'
ao Box 580
Fort Collins, CO 80522
970,221.6775
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(cgov conVpurchasing
REQUEST FOR PROPOSAL
P1094 CONCESSION — EVENT BEVERAGE SERVICES
MULTPLE FACILITIES
The City of Fort Collins is requesting proposals from qualified and competent individuals or
companies to operate an alcoholic and non-alcoholic event beverage concession at the Northside
Aztlan Community Center (NACC), Lincoln Center, andlgr Fort,_Col tins Senior Center, using a Tavern
License or a Hotel and Restaurant License, which is to be secured by the Concessionaire, in the
Concessionaire's name.
Written proposals, four, (4) copies, will be received at the City of Fort Collins' Purchasing Division, 215
North Mason, 2ntl Floor, Fort Collins, Colorado 80524. Proposals will be received before Mav 19th,
2008 3:00 pm (our clock). Proposal No. P1094 Concession -Event Beverage Services -Multiple
Facilities.
Questions concerning the scope of the project should be directed to the
➢ Northside Aztlan Community Center (NACCI Steve Rii
bschoenberqer@fan. com
Y Lincoln_ Center: Jill Stilwell, 970-221-6733. Email :istilwel1 fcoov.com
Questions regarding proposals submittal or process should be directed to David Carey, CPPB, Buyer,
970-416-2191. Email address: dcarey@fcgov.com
If delivered, they are to be sent to 215 North Mason Street, 2ntl Floor, Fort Collins, Colorado 80524. If
mailed, the address is P.O. Box 580, Fort Collins, 80522-0580.
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov,com/bso/loom iso
2. Come by Purchasing at 215 North Mason St., 2ntl 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, 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.
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.
Exhibit C
SAMPLE CONCESSION AGREEMENT
THIS AGREEMENT, made and entered into this _ day of 20, by and between THE
CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the
"City," and an individual, hereinafter referred to as
"Concessionaire."
WITNESSETH:
1. Premises covered by Concession Agreement
The premises covered by this Agreement shall be the City of Fort Collins Northside Aztlan
Community Center (NACC), located at 112 East Willow, Fort Collins, Colorado.
2. Term
The initial term of this Agreement shall begin on January 1, 2008, and end December 31, 2008
unless terminated sooner as herein provided. At the sole discretion of the City of Fort Collins
this Agreement may be extended for additional one-year terms, up to four (4) additional one-
year terms. Written notice of renewal will be provided to the Concessionaire and mailed no later
than 30 days prior to contract end.
3. Services
The Concessionaire will operate an alcoholic and non-alcoholic beverage concession at the
NACC, using a Liquor License (Tavern License or a Hotel and Restaurant License) secured by
the Concessionaire and in the Concessionaire's name. Individuals or organizations hosting
events at the NACC and desiring to use the Concessionaire's services shall be responsible for
entering into an agreement with the Concessionaire for such services. Hosts shall be
responsible for all event coordination with the Concessionaire. Hosts shall pay the
Concessionaire according to the agreement between the two parties.
4. Licenses, permits, and taxes
The Concessionaire shall obtain and pay for all licenses, permits and taxes, required by
law or necessary for the operation of the concession at the NACC, including but not
limited to a Liquor License, Liquor Occupation Tax, Sales/Use Tax License, etc. Any
such licenses or permits held by the Concessionaire in connection with the concession
are to be surrendered by the Concessionaire at the time of termination of the Agreement
and the Concessionaire expressly agrees to surrender all of such licenses or permits
and not oppose any new license or permit applications by such person as the City may
select. The Concessionaire shall collect and remit sales taxes on all taxable sales in the
manner prescribed by law.
5. Contingency
In the event the Concessionaire is not able to obtain all licenses and permits required to
operate the concession at the NACC, this Agreement shall become null and void and
both parties shall be released from further obligations under this Agreement.
6. Pricing
All prices charged for beverages provided by the Concessionaire shall be approved by
the City's Representative. The Concessionaire shall provide sufficient numbers of price
lists to fulfill customer requests for such lists.
7. Equipment and Storage
The Concessionaire shall be responsible for providing all supplies, linens, inventory and
equipment, including cold storage required to operate the concession. In addition,
glassware rental must be available from Concessionaire upon request of NACC users.
8. Dress Code
All Concessionaire staff shall be required to be in a uniform approved by the City's
Representative.
9. Maintenance
The Concessionaire shall be required to provide all cleanup and maintenance connected
with the sale or dispensing of alcoholic and non-alcoholic beverages at the NACC.
However, the City shall pay all utility and trash removal costs in connection with the
concession.
10. Sale of Alcoholic Beverages
The sale or dispensing of alcoholic beverages will be made only in connection with
events scheduled at the NACC. No alcohol shall be dispensed or consumed in other
areas not described herein. Alcohol shall be served only in connection with programs
presented primarily for adult audiences. No alcohol shall be available for programs
presented primarily for minor audiences. No advertising of alcoholic beverages will be
displayed at the NACC at any time. At all scheduled conventions, meetings and
conferences, the Concessionaire shall be limited to serving alcoholic beverages during
the times specifically designated by the sponsor of the event. Donations of liquor by the
Concessionaire to the City for fund raising events are permitted.
11. Regulations and Administration
The Concessionaire must conduct all concession operations in accordance with all
applicable ordinances, laws, statutes, rules and regulations of any authority having
lawful jurisdiction over the premises. This Agreement shall be administered by the City's
Representative, , or other person designated in writing by the Purchasing Director.
12. Independent Contractor/Indemnification
The Concessionaire is an independent contractor and not an employee of the City of
Fort Collins. The City shall not be responsible for any liabilities of the Concessionaire
arising out of the concession herein granted. The Concessionaire hereby agrees to
indemnify, save and hold harmless the City and its officers, employees, agents and
representatives from any and all liability or loss that may be incurred or claimed by any
person as a result of injury to person or property, arising directly or indirectly out of the
operation of the concession, including, without limitation, any debts incurred by the
Concessionaire and any liability arising out of the Colorado Dram Shop Act, Section 13-
21-103, C.R.S.
13. Insurance
The Concessionaire shall carry adequate liability insurance to cover its operation of the
concession in at least the following limits:
$500,000 combined single limit- General liability
$300,000 liquor liability
The Concessionaire shall cause the City to be named as an additional insured on any
such liability insurance policy, shall obtain and deliver to the City a certificate of such
insurance and shall obtain an endorsement stating that such insurance shall not be
cancelable except on notice to the City.
14. Assignment
The Concessionaire shall neither assign any of the rights nor delegate any of the duties
imposed upon it under the provisions of this Agreement without having first obtained the
written permission of the City.
15. Default
In the event the Concessionaire defaults in any performance required by this Agreement,
and if such default is not corrected within five (5) days after written notice setting forth
the same is delivered to the Concessionaire, then, at the option of the City, the
Agreement may be terminated and, upon such termination, all rights the Concessionaire
has in the concession shall immediately cease and terminate.
16. Rental
The Concessionaire shall pay annually, as rental to the City,_ percent (_%) of the
gross revenues from the concession operation (and/or a fixed amount of $ ).
Gross revenues are defined as total concession sales excluding sales tax. All such sums
shall be payable annually to the City, with payment due forty-five (45) days after the
close of the fiscal year. Concurrent with the annual payment, the Concessionaire shall
submit a complete accounting of its concession operation for the preceding year. The
Concessionaire shall keep adequate and proper business records which will include all
expenses and receipts of the concession. Upon the City's request, all of such records
shall be made open and available for inspection and audit by the City.
17. Saving Clause
If any term or provision of this Agreement is or becomes invalid or unenforceable by
reason of a conflict with any applicable laws, statutes, ordinances, rules or regulations,
such invalidity or unenforceability shall not affect or impair any other terms or provisions
of this Agreement.
18. Prohibition Against Employing Illegal Aliens
This paragraph shall apply to all Contractors whose performance of work under this
Agreement does not involve the delivery of a specific end product other than reports that
are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Contractor represents and agrees that:
a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal
alien; and
2. Contractor has participated or attempted to participate in the
basic pilot employment verification program created in Public Law 208,
104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the "Basic Pilot Program') in order to confirm the
employment eligibility of all newly hired employees.
b. Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform
work under this Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program
and shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this Agreement is
being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the City within three days that
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the illegal
alien; except that Contractor shall not terminate the contract with the
subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
f. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of
an investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
g. If Contractor violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's violation
of Subsection 8-17.5-102, C.R.S.
h. The City will notify the Office of the Secretary of State if Contractor
violates this provision of this Agreement and the City terminates the Agreement
for such breach.
19. Special Provisions.
Special provisions or conditions relating to the services to be performed pursuant to this
Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached
hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
this day and year first above written.
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
CONCESSIONAIRE:
Print Name
Title
Date:
EXHIBIT G
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, , swear or affirm under penalty of perjury under the laws of the State of
Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a public
benefit. I understand that state law requires me to provide proof that I am lawfully present in the
United States prior to receipt of this public benefit. I further acknowledge that making a false,
fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the
criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-
8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently
received.
Signature
Date
INTERNAL USE ONLY Valid forms of identification
T---current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
T --- current Colorado identification card
T--- U.S . military card or dependent identification card
T--- U.S. coast guard merchant mariner card
T---Native American tribal document
The following forms of identification may be accepted through_ February 28, 2007*
T --- original birth certificate from any state of the United States
T --- certificate verifying naturalized status by U.S. with photo and raised seal
T --- certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
T --- order of adoption by a U.S. court with seal of certification
T --- valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL,
MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI
T --- valid immigration documents demonstrating lawful presence, e.g., current foreign passport with
current 1-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired
Resident Alien card, Permanent Resident card or Employment Authorization card
*A waiver may be available where no identification exists or can be obtained due to a medical
condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's
license. Contact your de artment director.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
where renewal is a way of life
PROPOSAL NO. P1094
CONCESSION — EVENT BEVERAGE SERVICES
V�iULTIPLE FACILITIES. Deleted: NORTHSIDEAZTLAN
COMMUNITY CENTER
A. Background
The City of Fort Collins (City) is soliciting proposals from qualified and competent individuals or
companies to operate an alcoholic and non-alcoholic event beverage concession,_ at the CCU
Facilities listed below,„ using a Tavern License or a Hotel and Restaurant License, which is to
be secured by the Concessionaire, in the Concessionaire's name.
Concessionaire may submit proposal for one oe all listed City Facilities.
C11 1 Facilities:
t— Northside Aztlan,Community Center (N_ACC). located at 112 Gast Willow
2. Foil Collins Senior Center. located at 1200 Rainbee Drive
3. _Lincoln Cenlec located at 417 West Magnolia
The Lincoln Center is the CLof I_ol1 Collins cultural arts center providing
diveise presenters ofpmfession_al„ theatre, dance, music, Visual ails. and
children s programs
B. Scope of Services
The Concessionaire will be responsible for providing alcoholic and non-alcoholic beverages,
mixes, a rolling bar meeting applicable Health Department regulations, and any other supplies
and equipment necessary for the concession operation for all contracted functions.
The City will have the option to serve non-alcoholic beverage's (i.e. punch, cider & soft drinks)
at some City functions.
The Concessionaire will be required to work in cooperation with catering services and vending
machine services concessionaire.
Facility re uirernents include_
1. sale of Alcoholic Beverages Q-incoln Center Onl
The sale -or disuen_sing of alcoholic beverages will be made only in. connection_ with
events scheduled at the Lincoln Center tooatla s_of_or �alici�anis._in such events.
There shall be no service of alcoholic heveraoes_to the general ublic at any tinge other
than dunniga scheduled event.. No alcohol shall be ispensed or. coi sumed in the
Deleted: Northside Aztlan
1 Community Center (NACC) located 3
at 112 East Willow j
concert hall or_in the practice stage, areas without pennission of the CLRS Director.
Alcohol shall be. served onlv_in connection with programs presented primarily for adult
audiences,_ No alcohol, shall be available for prams presented t>iuna for rnin_or
audiences. In connection withDelforn_ina arts presentations,_ alcohol shall be available
for only one hour before the event and durincq_inteimissions or at other times. as
re rg tested by the CI_RS _Direc_toi _ At all scheduledcawentions, meetings -_and
conferences. the Concessionaire shall be limited to, seining alcoholic beverages cuung,
the times suecifically_designated by the sponsor of the event.
Donations of liquor fot_fund raising events are permitted. Concessionaire may charge
for labor with approval from Lincoln Center Director. Concessionaire agrees to work_with
user on working out necessary legal obligations.
Z- z uljJment and Stommee
The Concessionaire shall be responsible for-gtovding all supplies inventoiy._and
equipment required to operate the conc-----------
-----
available from. Concessionaire ugon_reguest-of_C_ity_Facility users. The Ciyvill�rovide
a secure storage area for inventary_and equipment._
3 Dress Code
All Stay shall be_i_equired to be in same uniform approved by the City Facility
Representative.
k. Prices
Prices charged for beverages provided b the Concessionaire must be Loved City
Facility Representative. The Concessionaire shall be required to provide ample rice
lists to be distributed to customers.
5. Maintenance
The Concessionaire shall be required to movide all. cleaner and maintenance connected
with the sale oi_di)en of alcoholic and .non alcoholic beverages at the C,i_t'y Facility.
However, the CJIbshall removal costs in connection with the
Concession.
B. Advertising
No advertisinq of alcoholic beverages wil,l_Ige d sp ayed at the City Fadity aj amt time.
7. service Start Dates Apra
Nothside Aztlan Community _Center NAM, June i 2008
Lincoln Centel': January_1 20W
Fort Collins Senior Center: June 1 2008
C. Liquor License (Tavern License or Hotel and Restaurant License)
It will be the responsibility of the Concessionaire to secure and complete all documents that are
required for the Liquor License applications and it will be the responsibility of the
Concessionaire to achieve approval of the license through the Liquor Licensing Authority of the
City. The Liquor License must be secured and in effect by January 1, 2008. The licensed
premises shall include the entire NACC including the parking lot, patio, adjacent terrace, lounge,
and courtyard located on the northwest side of the building.
Selected Concessionaire MUST have submitted complete application for Liquor License to the
City Clerk's office on or before November 16, 2007.
All costs of securing and maintaining a Liquor License will be borne by the Concessionaire.
Typical costs include the following: investigation fee, City annual license fee, State annual
license fee, extended hours permit fee (City and State) and City Occupational License Tax.
Liquor licensing questions should be directed to Aimee Jensen, Deputy City Clerk, 970-221-
6315.
D. Concession Fee
2. Fat the Fort Collins Senior Center. the Concessionaire shall Day annually. as rental to
the City,, a fixed dollar annual amount. Current Concessionaire cays $1,200 annually,
3. Fa' the Lincoln Cen_ter,, the Concessionaire shall nay_annually as renal to the Ciy
either a uercentage of therevenues from the concession oLerati_o,n-and/or a fixed
dollar annual amount. Current Concessio_nairegis 2% of gross revenues.
Gross revenues are defined as total_ concession sales excluding_ sales, tax_
E. Proposal Requirements
Firms submitting proposals shall submit four 4) copies of the proposal with the following
information:
1. Experience in concession operations. (Per Exhibit A)
2. Financial information.
(Per Exhibit A)
3. Product information.
(Per Exhibit A)
4. Other information requested.
(Per Exhibit A)
5. References.
(Per Exhibit A)
6. Concession Fee information.
(Per Exhibit B)
The proposal must be signed by a duly authorized representative of the firm submitting the
proposal. The signature shall include the title of the individual signing the proposal.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
F. Proposal Acceptance
All proposals shall remain subject to initial acceptance 90 days after the day of submittal.
G. Miscellaneous
The City expects to enter into a Concession Agreement ("Agreement") with the chosen vendor
that shall incorporate this RFP and their proposal. The anticipated terms and conditions of the
Agreement are set forth in the attached document (Exhibit C). However, the City may include
additional terms and conditions in the Services Agreement as deemed necessary.
A copy of the Concessionaire's Sales/Use Tax License must be submitted with the signed
agreement.
Concessionaire must comply with all applicable laws, rules and regulations governing their
activities and obtain all applicable licenses or permits.
H. Review and Assessment
Firms will be evaluated on the following criteria. These criteria will be the basis for review of the
written proposals and interview session.
The City of Fort Collins reserves the right to select a vendor for this project on the basis of
written proposals submitted only.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating. Weighting factors for the criteria are listed adjacent to the
qualification.
Weighting
Qualification
Standard
Factor
3.0
Scope of Proposal
Does the proposal show an understanding of the required
services? Does the proposal show an understanding of
the special requirements of a concession operation in
listed City Facilities? Are the products of suitable
quality?
2.0
Qualifications
Is the vendor qualified to perform the services? Does the
vendor have similar concession experience?
1.0
Motivation
Is the vendor interested in providing this service?
2.0
Concession Fee
Amount paid to the City?
2.0
Firm Capability
Does the vendor have an experienced staff? Is the
vendor financially stable?
I. Reference Evaluation (Top Ranked Firm)
The Project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
Qualification
Standard
_Overall Performance_
Would ou hire this firm again?
Timetable
Did the vendor meet promised schedules
Completeness
Has the company been responsive to client needs? Has the company
antici ated,problems? Wereproblemssolved quickly and effectively?
Cost
Has originalpricing been increased substantial?
Job Knowledge _
Do firm and personnel have the necessary knowledge and skills?
Exhibit A
P1094 CONCESSION — EVENT BEVERAGE SERVICES
MULTIPLE FACILITIES
QUALIFICATION STATEMENT FORM
1. Experience
On a separate sheet, provide concession operating experience for yourself and your staff.
2. Financial
On a separate sheet, please provide information on your financial ability to operate this
concession.
3. Products
On a separate sheet, list the products you intend to serve along with proposed prices.
4. Other Information
Have you ever held or do you currently hold any financial interest, direct or indirect, in any
retail liquor establishment, distillery, importing or wholesale liquor license?
YES_ NO
If "YES", expla_in such interest on a separate sheet.
Attach copies of any written agreement or details of any oral agreement, by which any
person (including a corporation) will share in the profit or gross proceeds of this concession,
and any agreement relating to the concession which is contingent or conditional, in any way,
upon volume, profit, sales, giving of advice or consultation:
Do you plan to be an active participant in the management and operation of the concession:
YES NO _
If "NO", on a separate sheet, explain your intended management arrangement.
5. References
List references for entities which you have provided similar services within the last two
years.
The proposer,
Exhibit B
P1094 CONCESSION — EVENT BEVERAGE SERVICES
MULTIPLE FACILITIES
PROPOSALFORM
(an individual) (a partnership)(a corporation)
hereby enters its proposal for P1094 Concession -Event Beverage Services for the
Northside Aztlan Community Center (NACC)
Foil Collins Senior Center
Lincoln Centel -
per the Request for Proposal.
Concession Fee Proposal:
The Concessionaire shall pay, annually, as rental to the City, percent (_ %)
of the gross sales from the concession operation and/or a fixed amount of
Gross sales are defined as total concession sales excluding sales tax.
Signature:
Title:
Company Name:
Date:
Street:
Phone #:
City:
Fax #:
State/Zip:
Email:
_ Deleted: NORTHSIDE AZTLAN
COMMUNITY CENTER¶