HomeMy WebLinkAboutRFP - 7108 SNACK BAR CONCESSIONAIRE FOR EPIC & CITY PARK POOLCity of Financial Services
Purchasing Division
ort Collins 215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
Purchasing fcgov.com/purchasing
REQUEST FOR PROPOSAL
7108 SNACK BAR CONCESSIONAIRE
EDORA POOL ICE CENTER (EPIC) & CITY PARK POOL
The City of Fort Collins is hereby requesting proposals for a contractual Food and Beverage
Concessionaire to manage and operate both the Edora Pool Ice Center (EPIC) Snack Bar
Concession at 1801 Riverside Avenue, Fort Collins, CO 80525 and the City Park Pool Snack
Bar Concession at 1599 West City Park Drive, Fort Collins, CO 80521. .
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), February 5, 2010. Mark with Proposal No. 7108 If delivered, they are to
be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the
address is P.O. Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to the Recreation Manager,
Mike McDonnell, phone (970) 221-6337, email: mmcdonnell@fcgov.com
Questions regarding proposals submittal or process should be directed to David Carey, CPPB,
Buyer, phone (970) 416-2191, email: dcarey@fcgov.com
A Pre -Proposal Meeting will be held at the EPIC facility on January 26th at 10:30 a.m. and will
then proceed to City Park Pool facility. The City will allow you to examine the snack bar
premises at that time and answer any questions pertaining to the proposal. The meeting is not
mandatory, but suggested.
A copy of the Proposal may be obtained as follows:
Download the Proposal from the BuySpeed Webpage,
www.fcqov.com/eprocurement
Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request
a copy of the RFP.
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.
Review and Assessment
Potential concessionaires will be evaluated on the following criteria. These criteria will be the basis
for review of the written proposals and interview session. The City may at its option choose the
highest ranked vendor based on the written proposals or select up to three of the top rated vendors
for oral interview.
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
QUALIFICATION
STANDARD
FACTOR
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective? Address background and
experience of the Concessionaire? The ability of the
Concessionaire to operate as per the scope of the
proposal? Assessment of food and beverage
service needs at EPIC and City Park Pool and how
needs will be met?
1.0
Assigned Personnel
Concessionaire's qualifications to perform the
services and qualifications required of staff on site?
Ability to provide sufficient staff?
2.0
Quality and
Does the proposal include a description of the
Suitability of Product,
products for sale and estimated prices?
Menu Prices
Include quality comparisons, statements, pictures
and/or brochures?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
How soon after award can concessionaire be
operational?
2.0
Payments to the City
Include payment package to the City?
Provide financial ability for providing services and
products?
2.0
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the
Concessionaire done previous verifiable projects of
this type and scope?
Reference Evaluation (Top Ranked Firm)
The project manager will check references using the following criteria.
The evaluation rankings will be labeled Outstanding/Satisfactory/Unsatisfactory.
If the references and background screening are acceptable, an agreement will be awarded to
the highest ranked firm/individual subject to suitable contract negotiations.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this firm/individual again? Did they show the skills
required for this project? Did they show flexibility and willingness to
"go the extra mile" to ensure that concession customers were given the
appropriate amount and level of service?
Timing
Did the firm/individual fulfill hours of operation with sufficient products
and staff? Were requests for information met in a timely manner?
Completeness
Was the firm/individual responsive to client needs; did they anticipate
problems? Were problems solved quickly and effectively?
Financial
Did this firm/individual consistently demonstrate the financial ability to
perform and make full payments to the agency on time?
Job Knowledge
Did this firm/individual possess the appropriate knowledge, skills and
abilities, staff and resources to effectively operate a concession
operation? Was the contract operated smoothly?
Other
What problems (if any) did you encounter with this firm/individual?
SNACK BAR CONCESSION AGREEMENT
EDORA POOL ICE CENTER (EPIC) AND CITY PARK POOL
This Concession Agreement, hereinafter called the "Agreement," is made and entered into as of
the _ day of _, 2009, by and between THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation, hereinafter called "City," and, hereinafter called
"Concessionaire."
ARTICLE 1
Concession Space
1.1 Definition of Concession Space. For the purposes of this Agreement, the
"Concession Space" shall mean the following areas at EPIC, 1801 Riverside Avenue, Fort
Collins, CO 80525 and at City Park Pool, 1599 West City Park Drive, Fort Collins, CO 80521
1.1.1 The designated concession area located in EPIC and City Park Pool.
1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession
Space for the purpose of offering food and non-alcoholic beverages, and related services
primarily to swimmers and ice skaters using EPIC and City Park Pool and, incidentally, to the
public.
ARTICLE 2
Concessionaire's Use of EPIC/ City Park Pool and the Concession Space
2.1 In General. Subject to other limitations expressed in this Agreement, the City grants
to Concessionaire the right to exclusive use of the Concession Space and the right to use in
common with others the public areas of the Concession Space facilities in conjunction with its
food and beverage operations (and for no other purpose) in such spaces and manner as may
be prescribed by the City.
2.2 Smoking. Smoking instruments and tobacco products of any kind will not be sold or
otherwise supplied by Concessionaire at Concession Space facilities. Smoking is not permitted
in any areas within 20 feet of facility entrances. Concessionaire shall comply with any other
requirements of applicable Fort Collins City ordinances and Colorado state law regarding
smoking and tobacco products.
2.3 Restriction on Items Offered for Sale. Concessionaire may offer such non-food or
non -beverage items as are incidental to its food and beverage service, except for smoking
instruments and tobacco products and gum, pursuant to section 2.2.
2.4 Compliance with Applicable Law. The Concessionaire agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as all rules
and regulations, policies, and procedures adopted by the City or any of its Boards, Service
Areas, Service Units, Divisions or Departments having jurisdiction over EPIC and City Park
Pool.
ARTICLE 3
Rights of Ingress and Egress
3.1 In General. The Concessionaire shall have the right of ingress and egress to and
from the EPIC and City Park Pool and Concession Space for Concessionaire's employees,
agents and invitees to the extent reasonably necessary in connection with the conduct of
Concessionaire's business under this Agreement. Areas designated as restricted areas by the
City shall be excluded.
3.2 Closures. The City may, at any time, temporarily or permanently, close or consent to
or request the closing of any roadway or any other way at, in, or near the EPIC and City Park
Pool, presently or hereafter used as such, so long as a reasonable and safe means of ingress
and egress remains available to Concessionaire.
ARTICLE 4
Undertakings of Concessionaire
4.1 Service. Concessionaire agrees as follows:
4.1.1 The Concessionaire shall furnish and pay for all equipment, except as otherwise
provided by the City pursuant to Article 9, all goods, labor, transportation, supervision and
services necessary to provide food and beverage services in accordance with this Agreement.
4.1.2 Services provided by the Concessionaire shall include the maintenance of an
adequate stock of food and beverage supplies, condiments, eating utensils, napkins, plates,
cups, and any kitchen utensils necessary to serve the demand for such items at EPIC and City
Park Pool. Any disposable cups, plates or eating utensils must be either compostable or
recycable.
4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide the
public high quality food and beverages and a high level of public service. Therefore,
Concessionaire agrees to offer for sale from the Concession Space only good quality food and
beverages at fair and competitive pricing, relative to comparable restaurant facilities in Fort
Collins. If, in the opinion of the City, the pricing is not comparable, or the selection of items
offered is inadequate or not of good quality, or if any of the items are found to be objectionable
for display and/or sale in a public facility, then the pricing shall change or the items shall be
removed or replaced as required by the City. The City Representative shall meet and confer
with Concessionaire regarding such matters. However, Concessionaire acknowledges that the
City's determination as to the same shall be conclusive. Failure of Concessionaire to correct,
rectify or modify its prices or quality within five (5) days of being advised in writing to do so shall
be cause for default.
4.1.4 Concessionaire shall submit to the City for review a list of all items to be sold in the
concession area, and proposed prices for all such items. The Concessionaire shall submit to
the City in writing all subsequent item and price changes.
4.2 Hours of Operation. Subject to the exception for inclement weather, expressed in
4.2.1 below, the Concessionaire will be required to provide daily food and beverage services in
the Concession Spaces at EPIC year round and seasonally at City Park Pool.
4.2.1 The parties agree that the hours of operation will conform to the hours listed in #2
under Specifications. However, the Concessionaire shall not be required to operate the
concession when the EPIC or City Park Pool is closed due to bad weather or other reason as
approved by the City.
4.3 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor
of its agents and employees. If the City so requests, Concessionaire agrees to supply and
require its employees to wear suitable attire and to wear or carry badges or other suitable
means of identification, the form of which shall be subject to prior and continuing approval of the
City.
4.3.1 The Concessionaire agrees to provide to the City at all times a current list of
employees, volunteers, and other representatives or agents of Concessionaire that will be
working on behalf of Concessionaire in providing services to the City under this Agreement.
The Concessionaire and the City acknowledge and agree that certain services provided by
Concessionaire will require that employees, volunteers, and other representatives or agents of
Concessionaire act in positions of trust which will entail the handling of and accounting for funds
of the City and City property, or direct contact with youth and other members of the general
public. Accordingly, Concessionaire agrees that all employees, volunteers, and other
representatives or agents of the Concessionaire in positions of trust, as described in Exhibit A,
consisting of two (2) pages and incorporated herein by this reference, shall be screened using
the background screening procedure described on Exhibit A, at Concessionaires expense, and
that the results of such background screening shall be provided to the City prior to any such
persons participation in the provision of services hereunder. The Concessionaire shall require
the completion and execution of the Disclosure/Request, Authorization, and Waiver form
attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this
reference. Concessionaire shall also provide to their employees/volunteers a copy of the
Summary of Rights under the Fair Credit Reporting Act attached hereto as Exhibit C, consisting
of two (2) pages and incorporated herein by this reference.
4.3.2 The City may provide assistance in completing the background investigation,
including providing information from the completed disclosure form to an outside vendor for a
confidential records check. Concessionaire acknowledges that in such event, by providing such
assistance to Concessionaire, the City assumes no responsibility for the timeliness, accuracy or
completeness of the background investigation, or for the direct or indirect consequences
resulting from the same, and Concessionaire shall hold the City harmless for any injury or loss
resulting therefrom.
4.3.3 In the event that a background check, or any other information available to the
Concessionaire or the City, raises questions about the trustworthiness, fitness for provision of
services under this Agreement, competence or suitability of any individual for a position of trust
of any kind, including handling of funds, City equipment or property, or working with youths or
other members of the general public, such individual shall not be employed or allowed to
volunteer in connection with the services or activities required or permitted under this
Agreement, or in a manner that would permit contact by that person with the funds, equipment,
property associated with the provision of services hereunder, or persons participating in
programs or services provided under this Agreement.
4.3.4 Upon receipt of written notice from the City of any reasonable objection from the City
concerning trustworthiness, fitness for provision of services under this Agreement, competence
or suitability of any individual for a position of trust of any kind, or concerning conduct,
demeanor or competence of any employee or volunteer of Concessionaire, the Concessionaire
shall immediately take all lawful steps to remove or otherwise address to the City's reasonable
satisfaction the cause of the objection or to remove such individual from the performance of any
services provided hereunder.
4.3.5 The following constitute unacceptable personal conduct that the parties acknowledge
and agree shall be subject to reasonable objection by the City. The parties acknowledge that
other conduct not listed in this Section may be determined by the City to be reasonably
expected to impair Concessionaire's ability to provide satisfactory services under this
Agreement, and may also give rise to a reasonable objection by the City to which
Concessionaire shall be expected to respond as set forth herein. In the event that
Concessionaire, or the individual site manager, if different from Concessionaire, commits any of
the following examples of unacceptable conduct, or fails or refuses to take reasonable action to
correct such conduct by any person providing services for or on behalf of Concessionaire
hereunder, the City may give Concessionaire notice of violation and proceed in the manner as
set forth in Section 16.1.9.
A. Commission or conviction of a felony, or of any crime involving moral turpitude;
B. Theft or misuse of City money or property;
C. Harassment of, or discrimination against, any individual based on race,
religion, national origin, age, sex, sexual orientation or disability;
D. Falsification, unauthorized use or destruction of City records, reports or other
data or information belonging to the City;
E. Abusive or threatening treatment of any person, including, but not limited to
physical or verbal confrontation;
F. Using, consuming, possessing, having in the body or distributing alcohol
(except in the normal performance of concession services) or controlled
substances during working time;
G. Destruction, loss or abuse of City property;
H. Unauthorized use of City equipment or property for personal use; or
I. Possessing or maintaining sexually explicit materials on City property.
4.4 Statements, Recordkeepin4 and Audits. Concessionaire shall keep books and
records of the business, including an accounting of all revenue and expenses of the concession
operation, in accordance with good accounting practice and in such form as is satisfactory to the
City. The Concessionaire hereby grants to the City the right to audit Concessionaire's books
and records for its operation EPIC and City Park Pool and agrees to make available to the City,
or its authorized representative, at any time, Monday through Friday inclusive, between the
hours of 9:00 a.m. and 5:00 p.m., at the offices of the City or EPIC, at the City's election, all
records, books and relevant related information as may be required for audit purposes.
4.5 Physical Interference. Concessionaire shall not do, nor permit to be done, anything
which may interfere with the effectiveness or accessibility of the drainage system, sewerage
system, fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if
any, installed or located at EPIC and City Park Pool.
4.6 Taxes. Concessionaire agrees to pay all local, state and federal social security,
unemployment insurance, sales, use, personal property, possessory interest, and other taxes,
assessments and payments -in -lieu which, during the term of this Agreement or any extension
hereof, may become a lien of which may be levied or charged by the State, County, City of Fort
Collins or other tax -levying body upon or with respect to the Concession Space at EPIC and
City Park Pool, upon any taxable interest acquired by the Concessionaire in this Agreement, or
any taxable possessory right which Concessionaire may have in or to the Concession Space or
facilities or the improvements thereon, by reason of Concessionaire's occupancy or use thereof,
or otherwise, as well as all taxes on taxable property, real or personal, owned by
Concessionaire or taxes on Concessionaire's operations or activities in or about the Concession
Space at EPIC and City Park Pool,. However, except as otherwise permitted by this
Agreement, no charges, fees or taxes of any nature shall be imposed by the City solely upon
Concessionaire for exercising any right or privilege granted by the City to Concessionaire in this
Agreement with respect to the use of the Concession Space at EPIC and City Park Pool,.
Nothing herein shall prevent Concessionaire from protesting, through due process, any taxes
levied.
4.7 Licenses. Concessionaire agrees to obtain and pay for all licenses necessary in
connection with its operation, including but not limited to, a County Health Department Food
Services Establishment inspection, and a City business license and/or occupation license.
Failure to qualify for a required license, or failure to obtain any such license within thirty (30)
days of execution of this Agreement shall constitute a default hereunder.
4.7.1 Any such licenses held by the Concessionaire in connection with this Agreement shall
be surrendered by the Concessionaire upon termination of this Agreement.
4.7.2 Upon Concessionaire's surrender of all licenses and acquisition of new licenses by
such replacement concessionaire as the City may select, the City shall reimburse
Concessionaire for such proportional amount of the cost of the license as may be attributable to
any remaining period which may exist from the date of Concessionaire's surrender to license
expiration.
4.8 Vending Machines This Agreement does not include Concessionaire's use of vending
machines in the supplying of food, beverages or incidental
items.
ARTICLE 5
Employing Illegal Aliens
5.1.0 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Concessionaire represents and agrees that:
a. As of the date of this Agreement:
1. Concessionaire does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Concessionaire will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Concessionaire 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. Concessionaire is prohibited from using the e-Verify Program or Department ,
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Concessionaire obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Concessionaire shall:
1. Notify such subcontractor and the City within three days that
Concessionaire 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 Concessionaire
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.
e. Concessionaire 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.
f. If Concessionaire 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, Concessionaire shall be liable for actual
and consequential damages to the City arising out of Concessionaire's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Concessionaire violates
this provision of this Agreement and the City terminates the Agreement for such breach.
ARTICLE 6
Term
6.1 Period. The Agreement shall commence upon the date of execution shown on the
signature page of the Agreement and shall continue in full force and effect for one (1) year. In
addition, the Agreement may be extended for an additional one year periods not to exceed four
(4) additional one year periods.
However, either party may terminate this Agreement without cause, by providing written notice
to the other party of its intention to terminate at least ninety (90) days prior to the end of the then
existing term.
6.2 Holding Over. In the event that the Concessionaire, or its successor in interest, if
any, shall remain beyond the term set forth herein, although no right to remain is given by this
Article, it is the intention of the parties and it is hereby agreed that a right of use from month -to -
month shall then arise subject to all provisions and conditions of this Agreement in connection
with such right, except that the City shall have the sole right to determine reasonable fees for
any holdover period.
ARTICLE 7
Fee For Conducting Business
7.1 Concession Fee. For the privilege of conducting the concession operations
hereunder, and the exclusive use of the Concession Space, the Concessionaire shall pay to the
City as the Concession Fee.
7.1.1 During the term of the Agreement, Concessionaire shall provide busing and janitorial
services described in Section 8.3, at the Concession Space/Area.
7.2 Time of Payment. The Concessionaire shall pay the Concession Fee monthly no later
than fifteen (15) days after the first day of the next month.
7.3 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due
amounts at the rate of eighteen percent (18%) per annum from the due date, until paid.
7.4 Method of Payment. Payment for all fees under Article 7 shall be by check or money
order payable to the order of "City of Fort Collins— EPIC Concessions " and City of Fort
Collins —City Park Pool Concessions and shall be mailed or personally delivered to the City
Representative.
ARTICLE 8
Utilities, Maintenance and Janitorial Duties
8.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash
collection, recycling, basic facility security system, natural gas and electric services to the
Concession Space.
8.2 Maintenance and Repair. The City shall maintain and repair the Concession Space
and City equipment and fixtures (defined in Article 9). Concessionaire shall submit all requests
for repairs or maintenance to the City Representative. Notwithstanding anything to the contrary
contained herein, the City shall not in any way be liable to the Concessionaire for failure to
make repairs as herein specifically required of it unless the Concessionaire has previously
notified the City in writing of a need for such repairs, and the City has failed to commence and
complete said repairs within a reasonable period of time following receipt of the
Concessionaire's written notification.
8.2.1 The Concessionaire shall neither hold nor attempt to hold the City liable for any injury
or damage, either approximate or remote, occasioned through or caused by defective electrical
wiring or the breaking or stoppage of plumbing or sewage upon the Concession Space/Area,
whether said breakage or stoppage results from freezing or otherwise.
8.3 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space/Area
and its fixtures clean and in good sanitary condition as required by the ordinances, resolutions,
statutes and health, sanitary and police regulations of the City of Fort Collins, County of Larimer
and State of Colorado.
8.3.1 Concessionaire shall thoroughly clean the entire Concession Space/Area, including all
equipment and fixtures, whether provided by the City or Concessionaire, the grills and exhaust,
ovens, floors, sinks counters, refrigerators and all coils, at least four (4) times per year at
minimum; once prior to, once during, and once after the close of the May through August City
Park Pool swim season.
8.3.2 Concessionaire is responsible for the ongoing cleanliness of the Concession
Space/Area in order to provide a clean and orderly appearance for patrons, including but not
limited to, removing trash accumulations to designated trash containers.
ARTICLE 9
Acceptance and Trade Fixtures
9.1 Concession Space, City Equipment and Fixtures. In addition to the Concession
Space, the City shall provide the following:
9.1.1 Existing equipment as listed on Exhibit T", attached hereto and made a part hereof;
9.1.2 Lighting fixtures for general area illumination; and
9.1.3 Heat and air conditioning.
9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall
acknowledge that it accepts the Concession Space as well as any City equipment and fixtures
..as is."
9.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit
"E", attached hereto and made a part hereof, no equipment, trade fixtures, signs or other
personal property used by Concessionaire in its business, whether or not attached to the
Clubhouse or any improvements thereon, shall be installed without the prior written approval of
the City.
9.4 Removal of Equipment, Trade Fixtures. Concessionaire shall have the right at any
time during the term of this Agreement or upon termination and within ten (10) days thereafter,
to remove all trade fixtures, equipment and other personal property subject to any valid lien the
City may have thereon for unpaid rents or installation of equipment in lieu of Concession Fee
pursuant to Article 7. Any property not so removed by Concessionaire upon termination shall
become a part of the realty on which it is located and title thereto shall vest in the City.
9.5 Title to Improvements. Upon installation or erection of Improvements, such
improvements (but excluding any of Concessionaire's personal property and trade fixtures
which are attached or affixed thereto) shall become a part of the realty upon which they are
erected and title thereto shall vest in the City. Upon vesting, the Improvements become part of
the Concession Space and are subject to the terms applicable to the Concession Space within
this Agreement.
9.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal
property installed by Concessionaire shall be subject to and conform in all respects
to the applicable statutes, ordinances, building codes, rules and regulations of all
governmental agencies which have jurisdiction over such matters.
9.7
ARTICLE 10
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,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Damage by Concessionaire
The Concessionaire shall be liable for and shall repair, replace or cause to be repaired or
replaced within fifteen (15) days after occurrence, any damage, EPIC, City Park Pool, including
the Concession Space/Area, or to City's property, equipment and fixtures (defined in Article 9)
caused by Concessionaire, its officers, agents, employees or anyone acting under its direction
and control, ordinary wear and tear excepted. All repairs or replacements shall be made
promptly and when necessary and shall be in a quality and of a class at least equal to the
original. If the damage for which Concessionaire is liable is to the Concession Space/Area,
Concessionaire shall continue to be liable for all rent/fees owed for the Concession Space, even
if it has been rendered untenantable.
ARTICLE 11
Total or Partial Destruction
11.1 Concession Space or Other Maior Component Rendered Untenantable. In case,
during the term of this Agreement, the Concession Space, EPIC, City Park Pool or any principal
part of any one of them shall be destroyed or shall be so damaged by fire, flood or other
casualty so as to be rendered untenantable or unusable as determined by the City:
11.1.1 Then, in such event, at the option of the City or Concessionaire, the term hereby
created shall cease; and this Agreement shall become null and void from the date of such
damage or destruction; and Concessionaire shall immediately surrender the Concession Space
and its interest therein to the City; provided, however, that the City or Concessionaire shall
exercise such option to so terminate this Agreement by notice, in writing, delivered to the other
party within thirty (30) days after the City's determination of untenantability or unusability.
11.1.2 In the event neither the City nor Concessionaire shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the City shall repair the
Concession Space, or facility excluding Improvements or equipment, signs, trade fixtures or
other personal property installed by Concessionaire, with all reasonable speed, placing the
same in as good a condition as it was at the time of the damage or destruction.
11.2 Concession Space Only Untenantable. In the event of destruction rendering only the
Concession Space untenantable, the City shall endeavor, but not be obligated to make
substitute premises available for Concessionaire's use. During any period of use by
Concessionaire of such substitute Concession Space, the City may direct that the
Concessionaire's Fee shall be abated proportionately.
11.3 Components Tenantable. If the EPIC or City Park Pool or Concession Space shall be
only injured by fire or the elements to such extent so as not to render the same untenantable
and unfit for use and occupancy, the City shall repair the same with all reasonable speed.
11.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment
and other items of its personal property within five (5) days after request being made by the
City.
11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused
by Concessionaire as more specifically addressed in Article 10 of this Agreement, the provisions
of Article 10 shall govern in any conflict between Article 10 and Article 11.
11.6 No Claim by Concessionaire. No compensation or claim shall be made by or allowed
to Concessionaire by reason of any inconvenience or annoyance arising from the necessity of
repairing any portion of the EPIC or City Park Pool, however the necessity may occur.
ARTICLE 12
Indemnification and Insurance
12.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or
injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by
any person whomsoever or whatsoever as a result of any operations, works, acts or omissions
performed within EPIC or City Park Pool by Concessionaire, its agents, employees or
contractors unless caused by the negligence or willful misconduct of the City, its employees,
agents or contractors.
12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City
harmless from all claims, demands, judgments, costs and expenses, and legal fees including
attorneys' fees, claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously)
by any person by reason of injury to or death of any individual person or persons, or by reason
of damage to, destruction or loss of use of any property, including City's personnel and City's
property, directly or indirectly arising out of, resulting from or occurring in connection with any
operations, works, acts or omissions of Concessionaire. As used herein, the term
"Concessionaire" includes the respective directors, officers, agents, employees, contractors and
subcontractors of Concessionaire. In the event a subcontractor performs any work under this
Agreement, the Concessionaire shall be responsible for any liability directly or indirectly arising
out of the work performed by such subcontractor.
12.3 Intellectual Property Representation. Concessionaire represents that it is the owner
of or is fully authorized to use any and all services, processes, machines, articles, makes,
names or slogans used by it in its operation or in any way connected with this Agreement.
12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations
hereunder, the Concessionaire shall provide and maintain insurance coverage naming the City
as an additional insured under this Agreement as specified in Exhibit "F", which is attached
hereto and incorporated herein by this reference.
12.5 Precautions Against Injury. The Concessionaire shall take all necessary precautions
in performing the operations hereunder to prevent injury to persons and property.
12.6 Failure to Insure. Neither the failure of Concessionaire to take out and/or maintain,
nor the taking out and/or maintenance of any required insurance shall relieve Concessionaire
from any liability under this Agreement, nor shall the insurance requirements be construed to
conflict with the obligations of Concessionaire concerning indemnification. In the event the
Concessionaire fails to maintain insurance required hereunder, the City may, at its option, take
out and maintain at the expense of the Concessionaire such insurance as the City may deem
proper. The City may offset the cost of any such insurance from any monies that may be due or
become due to the Concessionaire under this Agreement.
ARTICLE 13
No Interest in Real Property
Concessionaire agrees that this Agreement constitutes merely a right to use and occupy the
Concession Space for a limited purpose and does not create or convey to Concessionaire any
interest in real property.
ARTICLE 14
Assignment
The Concessionaire shall not assign this Agreement, sublet or otherwise allow any person to
take possession of all or any portion of the Concession Space without prior written consent of
the City nor permit any transfer by operation of law of Concessionaire's interest created hereby,
other than by merger or consolidation unless approved by City.
ARTICLE 15
Right of City to Enter. Inspect and Make Repairs
15.1 In General. City and its authorized employees, agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the
circumstances and with as little interruption to Concessionaire's operation as is reasonably
practicable) to enter upon any part of the Concession Space for the following purposes:
15.1.1 To inspect such premises at reasonable intervals during regular business hours (or at
any time in case of emergency) to determine whether Concessionaire has complied with and is
complying with the terms and conditions of this Agreement with respect to such premises;
15.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
15.1.3 To make structural additions and alterations.
15.2 Obstruction by City. All entries made for the purposes enumerated above shall,
except as otherwise provided in Article 11, Total or Partial Destruction, be without abatement of
rent for damage for inconvenience. However, in the event any entry by City in the Concession
Space for the purpose of making repairs or alterations as provided for in Section 15.1.2 above
(other than repairs necessitated as a result of damage by Concessionaire under Article 10)
constitutes a substantial obstruction to and impairment of Concessionaire's right of use of such
Concession Space, then Concessionaire shall be entitled to a fair and just abatement of the
rent/fees for such premises during the period required by City to make such repairs.
15.3 Obstruction by Concessionaire. In the event that any personal property of
Concessionaire shall obstruct the access of the City, its officers, employees, agents or
contractors, or a utility company furnishing utility service to any of the existing utility,
mechanical, electrical and other systems, and thus shall interfere with the inspection,
maintenance or repair of any such system, Concessionaire shall move such property, as
directed by the City or said utility company, in order that access may be had to the system or
part thereof for inspection, maintenance or repair. If Concessionaire shall fail to so move such
property after direction from the City or said utility company to do so, the City or the utility
company may move it without liability for damage sustained in moving.
15.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article,
by the City, or others under right of the City, shall not be, nor be construed to be, an eviction of
Concessionaire, nor be made the grounds for any abatement of rental nor any claim or demand
for damages against the City, consequential or otherwise, except claims for damages to person
or property caused solely by the negligence of the City.
ARTICLE 16
Default, Rights of Termination
16.1 Default by Concessionaire. Time of payment and performance is of the essence of
this Agreement. Concessionaire shall be in default under this Agreement upon the occurrence
of any one or more of the following events:
16.1.1 Concessionaire's failure to pay any fee or other charge when due and within five (5)
workings days after notice from City of such nonpayment.
16.1.2 Concessionaire's failure to maintain the insurance required in Section 12.4.
16.1.3 Concessionaire's assignment of any right hereunder in violation of Article 14.
16.1.4 Concessionaire's failure to perform, keep or observe any of the terms, covenants or
conditions of this Agreement within seven (7) days (or such longer time as may be necessary to
cure, provided that cure is commenced within the initial seven [7] days) after notice from the City
specifying the nature of the deficiency with reasonable particularity and the corrective action that
is to be taken within such period to cure the deficiency.
16.1.5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an
involuntary petition in bankruptcy against Concessionaire, the taking of possession of all or
substantially all of Concessionaire's assets pursuant to proceedings brought under the
provisions of any federal reorganization act or the appointment of a receiver of all or
substantially all of Concessionaire's assets and the failure of Concessionaire to secure the
return of such assets and/or the dismissal of such proceeding within ninety (90) days after the
filing.
16.1.6 The abandonment for a period of (7) days by Concessionaire of the conduct of its
services and operations at EPIC or City Park Pool.
16.1.7 The assignment by Concessionaire of its assets for the benefit of creditors.
16.1.8 The death of the Concessionaire or dissolving of the Corporation.
16.1.9 After written notice to the Concessionaire of any "violation of the personal conduct
standards set forth in Section 4.4, above, and a hearing of the matter before the City's Director
of Purchasing and Risk Management, if such a hearing has been requested in writing received
by the Director of Purchasing and Risk Management within ten (10) days after mailing of written
notice of violation, a determination by the Director of Purchasing and Risk Management that the
alleged violation has, in fact, occurred, and that such violation materially interferes with
Concessionaire's ability to perform its services hereunder in a manner satisfactory to the City or
otherwise impairs the benefits to be derived from the City by this Agreement, including the good
will, satisfaction, health and safety of the general public.
16.2 City's Remedies on Default.
16.2.1 In the event of a default by Concessionaire, the City may terminate this Agreement
effective immediately upon provision of written notice of such termination to Concessionaire. In
the alternative, the City may elect to keep the Agreement in force and work with Concessionaire
to cure the default. If this Agreement is terminated, the City shall have the right to take
possession of the Concession Space at the time of default. Concessionaire's liability to City for
damages and rent shall survive the termination, and the City may re-enter, take possession of
the Concession Space and remove any persons or property by legal action or by self-help with
the use of reasonable force and without liability for damages.
16.2.2 Following re-entry or abandonment, City may make arrangements for use of the
Concession Space by others and in that connection may make any suitable alterations or
refurbish the Concession Space, but City shall not be required to make such arrangement for
any use or purpose.
16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and
remediesreserved pursuant to this Article are in addition to any other rights or remedies the City
may have pursuant to this Agreement or to applicable law to seek judicial enforcement,
damages or any other lawful remedy.
ARTICLE 17
Miscellaneous Provisions
17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed
cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to the City, or Concessionaire, at law or in equity, and the exercise of any remedy, or
the existence herein of other remedies or indemnities shall not prevent the exercise of any other
remedy.
17.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to it by
virtue of the breach of any covenant, condition or agreement herein by the other party shall not
operate as a waiver of the exercise of such right or rights in the event of any subsequent breach
by such other party, nor shall such other party be relieved thereby from its obligations under the
terms hereof.
17.3 Non -liability of Individuals Other than Concessionaire. With the exception of
Concessionaire, no director, officer, agent or employee of either party hereto shall be charged
personally or held contractually liable by or to the other party under any term or provision of this
Agreement or of any supplement, modification or amendment to this Agreement because of any
breach thereof, or because of its or their execution or attempted execution of the same.
17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the
Concession Space/Area, or any part thereof, for any purpose or use other than those authorized
by this Agreement. Neither shall Concessionaire permit nor suffer any disorderly noise or
nuisance whatsoever about the Concession Space, EPIC or City Park Pool.
17.5 Governing Law. This Agreement shall be performable and enforceable in Larimer
County, Colorado, and shall be construed in accordance with the laws of the State of Colorado.
17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Concessionaire, their successors and assigns, and is not made for the benefit of any third party.
17.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it
shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
17.8 Successors and Assigns. All covenants, stipulations and agreements in this
Agreement shall extend to and bind each party hereto, its legal representatives, successors and
assigns.
17.9 Headings. The titles of the several articles of this Agreement are inserted herein for
convenience only, and are not intended and shall not be construed to affect in any manner the
terms and provisions hereof, or the interpretation or construction thereof.
17.10 Legal Fees. In the event any legal action or proceeding is brought to collect sums
due or to become due hereunder or any portion thereof or to enforce compliance with this
Agreement for failure to observe any of the covenants of this Agreement, the losing party
agrees to pay to the prevailing party such sums as the Court may judge reasonable for legal
fees, including attorneys' fees and costs, in such action or proceeding and in any appeal there
from.
17.11 Incorporation of Request for Proposals/Entire Agreement. Request for Proposal
Document, and all specifications included therein, and the Proposal submitted and interview
responses by the Concessionaire in response thereto, are incorporated and made a part of this
Agreement by this reference, except that in the event of a conflict between such documents and
the express terms of this Agreement, the terms of this Agreement shall prevail. This
Agreement, which is the entire agreement between the parties hereto, supersedes all prior
agreements, understandings, warranties or promises between the parties hereto, whether
written, spoken or implied from the conduct of the parties hereto, except as expressly
incorporated herein.
17.12 Severability. In the event any covenant, condition or provision of this Agreement is
held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants,
conditions or provisions of this Agreement, provided that the invalidity of any such covenant,
condition or provision does not materially prejudice either the City or the Concessionaire in his
or its respective rights and obligations under the valid covenants, conditions or provisions of this
Agreement.
17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier
termination as herein provided, Concessionaire shall remove all of its property from EPIC and
City Park Pool and surrender entire possession of its rights at EPIC and City Park Pool to City
and its improvements in accordance with Section 10 above, unless this Agreement is renewed
or replaced.
17.14 City Representative. The City designates the Recreation Manager as its
representative who shall make, within the scope of his/her authority, all necessary and proper
decisions with reference to this Agreement. All requests for contract interpretations,
amendments and other clarifications or instructions shall be directed to the City Representative.
17.15 Notices. Notices permitted or required to be given under this Agreement shall be in
writing and shall be deemed given upon personal delivery or upon deposit in the United
States Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or
to such other address as the parties may designate from time to time by notice given in
accordance with this Section:
To Concessionaire:
To the City: Recreation Manager
City of Fort Collins
215 N. Mason
P.O. Box 580
Fort Collins, Colorado 80522-0580
17.16 Paragraph Headings. Paragraph headings contained herein are for convenience and
reference, and are not intended to define or limit the scope of any provisions of this Agreement.
17.17 Schedules and Exhibits. Whenever reference is made in this Agreement to a
Schedule or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule
or Exhibit shall be deemed attached to and by this reference incorporated in this Agreement.
17.18 Force Majeure. Neither the City nor the Concessionaire shall be deemed in violation
of this Agreement if prevented from performing any of its obligations hereunder by reason of
strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, act
of public enemy, acts of superior governmental authority, weather conditions, rights, rebellion,
sabotage or any other circumstances that are not within its control.
17.19 No Limitation on General Powers. Nothing in this Agreement shall be construed as in
any way limiting the general powers of the City to fully exercise their governmental functions or
their obligations under any bond covenants or federal, state or local laws, rules or regulations.
17.20 No Relationship. Nothing contained herein shall be deemed or construed by the
parties hereto nor by any third party as creating the relationship of employer and employee,
principal and agent or a partnership or a joint venture between the parties hereto.
17.21 Survival. To the extent necessary to carry out all of the terms and provisions hereof,
the said terms, obligations and rights set forth herein required shall survive and shall not be
affected by the expiration or termination of this Agreement.
17.22 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Concessionaire represents and agrees that:
a. As of the date of this Agreement:
1. Concessionaire does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Concessionaire will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Concessionaire 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. Concessionaire is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Concessionaire obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Concessionaire shall:
1. Notify such subcontractor and the City within three days that
Concessionaire 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 Concessionaire
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.
e. Concessionaire 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.
f. If Concessionaire 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, Concessionaire shall be liable for actual
and consequential damages to the City arising out of Concessionaire's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Concessionaire violates
this provision of this Agreement and the City terminates the Agreement for such breach.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written
above.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
James B. O'Neill, II, CPPO, FNIGP
Director of Purchasing and Risk Management
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Bv:
Concessionaire
ATTEST:
EXHIBIT A
City of Fort Collins
Cultural, Library and Recreational Services
Recreation Department
Policy: Contractor Personnel Conduct and Demeanor, and Background Screening for Positions of
Trust.
Under the terms and conditions of each respective Contractor's Agreement with the City, all Recreation
Professionals and Snack Bar Concessionaires shall control the conduct and demeanor of their
employees, volunteers, and other representatives or agents of the Contractor that will be working on
behalf of the Contractor in providing services to the City. The Contractor agrees to provide to the City
at all times a current list of employees, volunteers, and other representatives or agents of Contractor
that will be working on behalf of the Contractor in providing services to the City under their Agreement,
and that all such employees, volunteers, and other representatives or agents of Contractor agree to
adhere to the "Behavior/Standards of Personal Conduct and Performance."
Contractors and the City also hereby acknowledge and agree that certain services provided by the
Contractor will require that specified employees, volunteers, and other representatives or agents of the
Contractor act in "positions of trust" which can include the handling of and/or accounting for funds of the
City and/or of City property, or direct contact with youth and members of the general public.
Accordingly, each Contractor agrees that all specified employees, volunteers, or other representatives
or agents of Contractor in positions of trust shall be screened/investigated at the expense of the
Contractor using the City's contracted background screening/investigation procedure as described in
each respective contractor's Agreement; and that the results of such background
screening/investigation shall be provided to the City prior to any such persons participation in the
provision of services, as described in each respective contractor's Agreement. Each Contractor shall
require the completion and execution of the DisclosureMaiver form for all specified employees,
volunteers, and other representatives or agents of Contractor. The purpose of this form is to provide
the necessary information about an applicant and permission to review confidential information for a
complete and thorough background screening/investigation. The Contractor shall provide to all said
employees, volunteers, and other representatives or agents a Summary of Rights under the Fair Credit
Reporting Act..
The background screening/investigation shall include, but is not necessarily limited to, checking arrests
and/or conviction records, driving records, credit history, education, previous employment and volunteer
work and other records as may be appropriate, and references, including review of any records of
information available to the City as a result of past employment or contractual relationships the
employee, volunteer, or other representative or agent has had with the Contractor or the City.
The City will provide assistance in completing the background screening/investigation, including
providing the completed disclosure form to an outside vendor for a confidential records check.
Contractor acknowledges that by providing such assistance the City assumes no responsibility for the
timeliness, accuracy or completeness of the background screening/investigation, or for the direct or
indirect consequences resulting from the same, and the Contractor shall hold the City harmless for any
injury or loss resulting therefrom.
The Contractor shall make job assignments and responsibility assignments based upon and in
consideration of the background screening/investigation, and shall not permit any person to perform
REQUEST FOR PROPOSAL
7108 SNACK BAR CONCESSIONAIRE
EDORA POOL ICE CENTER (EPIC), & CITY PARK POOL
Background information
The City of Fort Collins is the owner and operator of the Edora Pool Ice Center (EPIC) at 1801
Riverside Avenue, Fort Collins, CO 80525 and the City Park Pool (CPP) at 1599 West City Park
Drive, Fort Collins, CO 80521. The premises are defined as both the concession stands in the
EPIC and Concession Stand at City Park Pool facilities.
The City's preference is award both concession operations to a single concessionaire, but
reserves the right to award individually.
In connection with the operation of these two facilities, the City has established snack bar areas.
The Culture, Parks, Recreation and Environment Services Unit Ice, Aquatics and Adaptive
Recreation Opportunities within the Recreation Department administers the recreation facilities
for the City, and desires to grant to a contractual food and beverage Concessionaire the use of
the Concession Space for the purpose of offering quality food and non-alcoholic beverage
services primarily to the swimmers and ice skaters using EPIC and City Park Pool, and
incidentally, to the public, for the year 2010 with potential annual renewal options for the years
2011 through 2014.
The main purpose of this Concession Space is to provide quality food and beverage services to
patrons of both facilities. The selected Concessionaire will provide all employees and volunteers
necessary to facilitate the full and efficient use and management of the concession operations
as described; and the Concessionaire owns and sells the food and beverages, and related
merchandise and services. The EPIC concession is a year round operation and the City Park
Pool Concession is a seasonal operation from approximately Memorial Day weekend until mid -
August.
The History
EPIC opened in 1987 and it amenities include a 50-meter pool, 1-meter and 3-meter diving
boards, therapy and wading pools, locker rooms, and spectator seating for 1,000. The facility
also houses two 85x200-foot sheets of ice, change rooms, conditioning and workout rooms,
skate rental and sharpening facilities, and seating for 1,000.
EPIC staff provides swim lessons for all ages, aqua fitness, underwater hockey, kayaking, water
polo; pre -natal, and aquaphobia classes, private instruction, adaptive swim lessons, and
lifeguard and swim instructor certifications. Skating activities include learn -to -skate classes;
adaptive skate lessons; synchronized, power, and speed skating; private figure skating; an
annual ice show; a summer ice theater, skate competitions; Cub Hockey for youth ages 4-8;
drop -in hockey and fitness skate; stick and puck, a 22-year old senior skate and coffee club;
youth and adult hockey; and rentals.
Over a dozen age group, high school, and college swimming competitions, as well as numerous
youth, adult, and university hockey tournaments and figure skating competitions are held at
EPIC each year.
any position for which such person's character or suitability are reasonably in question based upon the
information obtained in connection with a background screening/investigation. The City may, in its
discretion, object to any assignments of Contractor Personnel to positions of trust, as based upon the
background screening/investigation. In the event that information from the report is utilized in whole or
in part in making an adverse decision with regard to potential
employment/volunteer/representative/agent status, before making the adverse decision, the City will
attempt to provide Contractor with a copy of the consumer report/criminal history.
Specified employees, volunteers, and other representatives or agents of Contractors identified at this
time to be in positions of trust shall include, but are not necessarily limited to, all top assistants, area or
section managers, lesson providers, personnel that directly handle and/or account for City funds; and
those positions that can work individually with youth or members of the general public.
Contractor Process for Obtaining Background Screening/Investigation Information
1. Once an employee, volunteer, other representative or agent has been selected by the Contractor,
the employee, volunteer, other representative or agent (applicant) shall complete the background
screening/investigation form, which is titled "Disclosure to Prospective Employees, Volunteers, or
Other Representatives or Agents of Contractors Regarding Procurement of a Consumer Report
(including a criminal history report)."
When the employee, volunteer, other representative or agent (applicant) has completed and signed
the form, the Contractor shall initial and date the bottom of the form, giving the bottom copy of the
form to the applicant. The Contractor shall also give to the applicant at this time a summary of
his/her rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act also
imposes requirements and procedures related to any adverse decisions based upon credit
information.
3. The Contractor keeps one copy of the form and forwards the original signed copy of the form to the
Golf Division Administrative office. In order to expedite the processing time, the Contractor may
also FAX a copy or bring the original copy of the form to the golf Division Administrative Aide. Once
the Administrative Aide enters the form information into the computer, it takes three to four days for
the City's contracted background screening/investigation firm to perform their service.
4. Because of the large number of applicants being screened using this similar process, there shall be
no notification to the Contractor unless an applicant receives a negative report within four days of
the time that the Administrative Aide enters the information into the computer. Therefore, the
applicant may begin assignment for the Contractor after four days unless the Contractor is notified
otherwise. However, be aware that it is possible that we could receive a negative report after four
days, and we will have to address the situation at that time.
EXHIBIT B
DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS,
OR OTHER REPRESENTATIVES OR AGENTS OF CONTRACTORS
REGARDING PROCUREMENT OF A CONSUMER REPORT
(including a criminal history report)
In connection with your status as a prospective employee, volunteer, or other representative or agent of the
Contractor, Contractor and the City of Fort Collins may procure a consumer report/criminal history on you as part
of the process of considering your candidacy for said status. The investigation conducted in conjunction with the
report may include an investigation of your personal employment/volunteer history, education, financial, and
credit records, public records concerning your driving record, civil and criminal court records, county, state, and
Federal tax liens, notices of default and bankruptcies, and other records as may be appropriate. In the event that
information from the report is utilized in whole or in part in making an adverse decision with regard to your
potential employment/volunteer/representative/agent status, before making the adverse decision, the City and the
Contractor will attempt to provide you and the Contractor with a copy of the consumer report/criminal history and
a description in writing of your rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act
gives you specific rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF YOUR
RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document.
By your signature below, you hereby authorize us to obtain a consumer report and/or an investigative report about
you in order to consider your status as a prospective employee, volunteer, or other representative or agent for the
Contractor.
Applicant's Name:
(Please Print) First Middle Last
Signature:
Applicant' Address:
City/State/Zip:
Driver's License #:
Date of Birth:
Social Security #:
Signature of Parent or Guardian:
(if Applicant is under the age of 18):
Other names used in the last seven (7) years:
Previous out-of-state address(es) in the past seven (7) years.
1.
Address City County State Zip
2.
Address City County State Zip
Please list any additional addresses on the back of this page.
Contractor's Initials: Date: City Staff Initials: Date:
EXHIBIT C
Pura inforntacion en espanol, visite www.ftc.kov/credit o escribe a la FTC Consumer Response
Center, Room 130-A 600 Pennsylvania Ave. V.W., FVasltington, D.C. 20580.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of
information in the files of consumer reporting agencies. There are many types of consumer reporting
agencies, including credit bureaus and specialty agencies (such as agencies that sell information about
check writing histories, medical records, and rental history records). Here is a summary of your major
rights under the FCRA. For more information, including information about additional rights, go
to www.fte.gov/credit or write to: Consumer Response Center, Room 130-A, Federal Trade
Commission, 600 Pennsylvania Ave. N.W., Washington, D.C. 20580.
• You must be told if information in your file has been used against you. Anyone who uses a
credit report or another type of consumer report to deny your application for credit, insurance,
or employment — or to take another adverse action against you — must tell you, and must give
you the name, address, and phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and obtain all the
information about you in the files of a consumer reporting agency (your "file disclosure"). You
will be required to provide proper identification, which may include your Social Security
number. In many cases, the disclosure will be free. You. are entitled to a free file disclosure if:
• a person has taken adverse action against you because of information in your credit
report;
• you are the victim of identify theft and place a fraud alert in your tile;
• your file contains inaccurate information as a result of fraud;
• you are on public assistance:
• you are unemployed but expect to apply for employment within 60 days.
In addition, by September 2005 all consumers will be entitled to one free disclosure every 12
months upon request from each nationwide credit bureau and from nationwide specialty
consumer reporting agencies. See www.ftc.gov/credit for additional information.
You have the right to ask for a credit score. Credit scores are numerical summaries of your
credit -worthiness based on information from credit bureaus. You may request a credit score
from consumer reporting agencies that create scores or distribute scores used in residential real
property loans, but you will have to pay for it. In some mortgage transactions, you will receive
credit score information for free from the mortgage lender.
You have the right to dispute incomplete or inaccurate information. If you identify
information in your file that is incomplete or inaccurate, and report it to the consumer reporting
agency, the agency must investigate unless your dispute is frivolous. See www.ftc.gov/credit
for an explanation of dispute procedures.
Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete or unverifiable information must be
removed or corrected, usually within 30 days. However, a consumer reporting agency may
continue to report information it has verified as accurate.
• Consumer reporting agencies may not report outdated negative information. In most
cases, a consumer reporting agency may not report negative information that is more than seven
years old, or bankruptcies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about
you only to people with a valid need -- usually to consider an application with a creditor,
insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for
access.
• You must give your consent for reports to be provided to employers. A consumer
reporting agency may not give out information about you to your employer, or a potential
employer, without your written consent given to the employer. Written consent generally is not
required in the trucking industry. For more information, go to www.ftc.Rov/credit.
• You may limit "prescreened" offers of credit and insurance you get based on information
in ,your credit report. Unsolicited "prescreened" offers for credit and insurance trust include
a toll -free phone number you can call if you choose to remove your name and address from the
lists these offers are based on. You may opt -out with the nationwide credit bureaus at 1-800-
XXX-XXXX.
• You may seek damages from violators. If a consumer reporting agency, or, in some cases, a
user of consumer reports or a furnisher of information to a consumer reporting agency violates
the FCRA, you may be able to sue in state or federal court.
• Identity theft victims and active duty military personnel have additional rights. For more
information, visit www.ftc.gov/credit.
States may enforce the FCRA, and many states have their own consumer reporting laws. In
some cases, you may have more rights under state law. For more information, contact your state
or local consumer protection agency or your state Attorney General. Federal enforcers are:
TYPE OF BUSINESS:CONTACT:
Consumer reporting agencies, creditors and others not listed below
Federal Trade Commission: Consumer Response Center - FCRA
Washington, DC 20580 1-877-382-4357
National banks, federal branches/agencies of foreign banks (word
Office of the Comptroller of the Currency
National" or initials "N.A." appear in or after bank's name)
Compliance Management, Mail Stop 6-6
Washington, DC 20219 800-613-6743
Federal Reserve System member banks (except national banks, and
Federal Reserve Board
federal branchestagencies of foreign banks)
Division of Consumer & Community Affairs
Washington, DC 20551 202-452-3693
Savings associations and federally chartered savings banks (word
Office of Thrift Supervision
Federal" or initials "F.S.B." appear in federal institution's name)
Consumer Complaints
Washington, DC 20552 800-842-6929
Federal credit unions (words "Federal Credit Union" appear in
National Credit Union Administration
institution's name)
1775 Duke Street
Alexandria, VA 22314 703-519-4600
State -chartered banks that are not members of the Federal Reserve
Federal Deposit Insurance Corporation
System
Consumer Response Center, 2345 Grand Avenue, Suite 100
Kansas City, Missouri 64108-2638 1-877-275-3342
Air, surface, or rail common carriers regulated by former Civil
Department of Transportation. Office of Financial Management
Aeronautics Board or Interstate Commerce Commission
Washington, DC 20590 202366-1306
Activities subject to the Packers and Stockyards Act, 1921
Department of Agriculture
ffice of Deputy Administrator - GIPSA
ashin ton, DC 20250 202-720-7051
Exhibit D
EQUIPMENT INVENTORY EPIC CONCESSIONS
Citv Owned Items Leased or on Loan Items
True Freezer
Single Door Reach -In
Refrigerator
Coca-Cola
True Reach -In
2 - Cheese Dispensers Hot
Top
Gehl's and
S sco Foods.
Shelving
2 - Coffee Makers
Farmer Bros.
Coffee
Ice Maker
Hot Cocoa/Cappuccino
Machine
Farmer Bros.
Coffee
Reach -In Counter Top
Pretzel Humidified Display
J&J Pretzel
Convection Oven
6 Head Coca Cola
Fountain Dispenser
Coca Cola
Hot Dog Roller
Slushee Dispenser (2
Flavor)
Jondon
Trevino
Microwave Oven
1 - Two -Door Slider
Refrigerator
Coca Cola
Microwave Oven
Nacho Chip Dispenser
Ice Cream Freezer
Popcorn Popper
Upright Freezer
Convection Oven
Electric Buffet Server
Popcorn Popper
Chest Type Freezer
Ice Merchandiser
EQUIPMENT INVENTORY CITY PARK POOL CONCESSIONS
Citv Owned Items
Leased or on Loan Items
True Two door Freezer
2 -Counter top
Coca-Cola
{
Refri erators
Ice Maker & bin
Coca Cola Fountain
Coca-Cola
Dispenser??
Chip Warmer
1 - Two -Door Slider
Coca-Cola
,.
Refrigerator
Single Door Artic Air
"'
Slushee Dispenser (2
Jondon
Freezer
Flavor)??
Trevino
Single Door Artic Air
Refrigerator
Hot Dog Roller
Microwave Oven
2- Gehis Hot Tops
'
Nacho Chip Dispenser
Popcorn Popper
City Park Pool (CPP), the only outdoor public pool in Fort Collins, is also the only water play
facility in the city. The pool boasts a 77-foot speed slide and a 228—foot leisure slide, both
added in 2006; a lazy river; separate wader pool; zero -depth entry; water play structures;
geysers and sprays.
The Concession
Historically the concessions menu included items that you would see at a typical concession at
a facility or sporting event. The menu included but was not limited to: popcorn, hot dogs, corn
dogs, pizza, pretzels, nachos, burgers, chicken sandwiches and fingers, ice cream products,
bagels, soups, power and granola bars. In the last year an effort was made to include some
healthier products like yogurt, fruit cups and vegetables, along with using healthier products
from the above items. The City would like to expand on healthier offerings.
Beverages included coffee, ice tea, juices, soft drinks, energy and power drinks, bottled water,
and vitamin water. However, a new philosophy on menu items or the concession theme can be
submitted and will be considered.
The proposal must include a description of the products for sale and estimated prices. Quality
comparisons, statements, pictures and/or brochures are requested to review the quality and
suitability of the products.
The Concessionaire must also assume and perform all janitorial/busing duties and functions in
the concession and concession area. This would include breaking down and recycling all
cardboard boxes in the recycle bins and removing trash to the dumpsters located on the
southeast side of EPIC and on the west side of City Park Pool.
Specifications
Included in the "Request for Proposals" package is a draft copy of the Agreement that the
Concessionaire and the City will sign. All of the elements of the agreement are considered as
part of the specifications for the proposals requested. This specification sheet amplifies the
major provisions of the EPIC and City Park Concession operations, as well as defines and
provides clarification of several specific points.
The Concessionaire and the City shall sign an agreement which will grant to the
Concessionaire the operation of both the Edora Pool Ice Center and City Park Pool
Concessions
The Agreement shall commence upon the date of execution shown on the signature
page of the Agreement and shall continue in full force and effect for one (1) year. In
addition, the Agreement may be extended for an additional one year periods not to
exceed four (4) additional one year periods.
2. The Concession Area must be opened for business the following hours, but may vary
due to special events.
Concession Hours at EPIC
!School ' Hour
M -F
3:00-8:00 p.m.
Saturday
10:00 a.m. - 7:00 p.m.
Sunday
Noon -6:00 p.m.
Summer Hourst,
M -F
10:00 a.m. - 8:00 p.m.
Saturday
10:00 a.m. - 7:00 p.m.
Sunday
Noon - 5:30 p.m.
City Park Pool Concessions
Monday - Sunda
11:00 a.m. - 7:30 p.m.
3. However, the Concessionaire shall not be required to operate the concession when
either EPIC or City Park facilities are closed due to bad weather or other reasons. Any
other hours of operation will be mutually agreed upon between the Concessionaire and
the Recreation Manager.
3. Ideal Concessionaire should have previous experience operating a similar concession
operation or demonstrate sufficient other skills and experience to satisfy in the judgment
of the City to meet this requirement.
5. The financial condition of the Concessionaire must be of such standing that adequate
staffing, supplies and appropriate operational permits as necessary can be
purchased/obtained in order to open the concession area for full business no later than
March 1, 2010
The Concessionaire must obtain and pay for all licenses and taxes necessary for the
operation. The Concessionaire shall also provide and pay for any Worker's
Compensation, Social Security withholding, payroll taxes, Possessory Interest Tax,
and/or any other taxes that might be required by government authorities.
Tangible proof of financial ability to operate this concession will be required if you are
interviewed.
Permits, Licenses, Fees, and Taxes
It shall be the responsibility of the Concessionaire to make application for the necessary permits
and licenses, and to pay for all fees and taxes in order to operate this concession.
Additional Requirements.
The Concessionaire shall control the conduct and demeanor of its agents and
employees. Upon objection from the City concerning conduct or demeanor of any such
person, the Concessionaire shall immediately take all lawful steps to address or
remove the cause of the objection. Also, if the City so requests, the Concessionaire
agrees to supply and require its employees to wear suitable attire and to wear or carry
badges or other suitable means of identification, the form for which shall be subject to
prior and continuing approval of the City.
2. The Concessionaire acknowledges and agrees that certain services provided by the
Concessionaire will require that employees, agents, and volunteers of the
Concessionaire act in positions of trust which will entail the handling of and accounting
for funds of the City and City property, or direct contact with youth and other members
of the general public. Accordingly, the Concessionaire agrees that all employees,
volunteers, and other representatives or agents of the Concessionaire in positions of
trust, as defined, shall be screened using the City's contractual background screening
procedure, with such costs associated with said screenings to be fully paid by the
Concessionaire.
3. The personal conduct of the Concessionaire and its staff has a direct impact on the
quality of performance. Unacceptable personal conduct/behavior by the
Concessionaire, as defined, can result in immediate or early termination of the
Agreement, as also defined.
4. The Colorado Legislature passed legislation which as been signed into law by the
Governor requiring compliance regarding employment of undocumented aliens. The
Concessionaire acknowledges and agrees that those statutory provisions that apply
will be followed. If there are any questions about these legal requirements,
Concessionaire agrees to consult with legal counsel.
5. The Concessionaire must maintain an adequate stock of supplies on hand for all
occasions as needed to supply the golfers' needs. The primary purpose of the
concession area is to provide a service to the patrons. Creative thinking people who
will be there, be open, and be ready are important to the success of this operation.
Also, cooperation with the Recreation Manager is an essential element of this
operation.
6. The Concessionaire shall keep and maintain proper business records concerning every
aspect of the concession operation, and employee management, including expenses
and receipts. All records, including Income Tax Records are to be open for inspection
and audit by the City. Also, the concession operator must submit to the City monthly
complete operation records, as well as at the close of each operating season showing
all expenses and gross income.
7. "Gross Sales" includes all revenues received by the Concessionaire for performing the
concession service, except Sales Tax. Payments must be submitted monthly by the
15th of each month.
13. The City pays for all trash and recycling removal services and utilities. The
Concessionaire shall pay for all telephones, cash registers, POS System, credit card
machines„ and expanded security systems.
14. The Concessionaire shall submit to the City for review a list of all prices and items
which are to be sold at the concession area. Prices and items may be changed or
increased periodically, but any and all changes/increases must be reviewed by the
Recreation Manager
15. Smoking instruments, tobacco and alcohol products of any kind will not be sold.
Smoking is not permitted in any areas of both EPIC and CPP, or within 20 feet of
entrances.
16. The operation of the concession granted under the agreement shall, at all times,
conform with all applicable State and Federal laws and regulations, and municipal
ordinances, as well as all rules, regulations, policies, and procedures as adopted by the
City of Fort Collins, or any of its Boards, Services Areas, Service Units, Departments.
Equipment Inventory and Revenue History
As part of the concession sites, the City currently owns and is responsible for the maintenance
of certain equipment as described below. The Concessionaire must provide all other
equipment/inventory and maintenance in order to successfully operate the concessions.
1. Equipment Inventory Lists
See Exhibit "D".
2. Concession Revenue History
2002
2003
2004
2005
2006
2007
2008
2009
EPIC
$ 142,888
$ 142,609
$ 123,580
$ 131,131
$ 141,434
$ 133,103
$ 136,134
$ 117,962
CPP
Closed
$ 53,599
$ 38,154
$ 45,933
$ 54,058
$ 63,126
$ 58,817
$ 54,489
Previous revenues are no guarantee for future concession operation performance.
Insurance Requirements.
A. The Concessionaire will provide from insurance companies, acceptable to the
City, the insurance coverage designated hereinafter and pay all costs.
The Concessionaire also indemnifies the City. Before commencing work under
this Request for Proposal, the Concessionaire shall furnish the City with
certificates of insurance showing the type, amount, class of operations
covered, effective dates and date of expiration of policies, and containing
substantially the following statement:
"The insurance covered by this certificate will not be canceled or materially
altered, except after ten (10) days written notice has been received by the
City."
In the case of the breach of any provision of this requirement, the City, at their
option, may take out and maintain, at the expense of the Concessionaire, 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 to the
Concessionaire under this agreement.
The City, its officers, agents, and employees shall be named as additional
insured on the Concessionaire "general liability" insurance policy for any claims
arising out of work performed under this agreement.
B. Insurance coverages shall meet the following insurance limits:
1. $1,000,000 --Commercial General Liability with Combined Single
Limit; $2,000,000 Aggregate
2. Statutory --Workers' Compensation Coverage A
3. $100,000/$500,000/$100,000-- Workers' Compensation Coverage B
5. $1,000,000 --Products Liability
In the event any work under this agreement is performed by a sub -contractor, the
Concessionaire shall be responsible for any liability directly or indirectly arising
out of the work performed under this agreement by a sub -contractor, which
liability is not covered by the subcontractor's insurance.
Proposal Requirements
The following must be included in the proposal:
a. Concessionaire experience and skills.
b. Proposed Menu and Prices.
C. Payments to the City
e. Contact person and assigned personnel information.
f. How soon after award could Concessionaire be operational.
g. Financial ability for providing services and products.
2. Also, Concessionaire finalists will need to provide the Recreation Manager with at least
three (3) written references prior to the interview that City may contact regarding your
qualifications.
3. The City will also conduct a background screening procedure and selected
Concessionaire will need to provide signed authorization forms to allow the screening to
proceed.