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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.