HomeMy WebLinkAboutRFP - 7116 BALL FIELD CONCESSIONAIRE ROLLAND MOORE PARK■ '}" O�
Financial Services
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Purchasing Division
215 N. Mason St. 2"'Floor
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PO Bo 580
Fort Coll ns, CO 80522
7970.221.6775
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970.221.6707
fcgov. com/purchasing
REQUEST FOR PROPOSAL
7116 BALL FIELD CONCESSIONAIRE — ROLLAND MOORE PARK
Written proposals, four (4) copies, 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 2:00 p.m. (our clock), March 1, 2010. Proposal No. 7116 Ball Field
Concessionaire - Rolland Moore Park. If delivered, they are to be sent to 215 North Mason
Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort
Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager
Marc Rademacher, (970) 221-6309; or email at mrademacher@fcgov.com.
Questions regarding bid submittal or process should be directed to David Carey, CPPB, Buyer,
(970)416-2191; or email at dcarey@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 26d floor, Fort Collins, and request
a copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked `Proprietary' in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
where renewal is a way of life
G. Signage: All signs on the concession cart must be approved by the City. Signs may be
displayed in or on the cart only unless additional signage is approved by City staff.
H. Cart: The Concessionaire will be required to have a mobile cart. The cart may not exceed
the size of four (4) foot wide, ten (10) foot long and eight (8) foot high, excluding roof overhangs
and wheels. The design and appearance of the cart must conform to the specifications described
in Concessionaire's proposal, unless otherwise agreed to in writing by the parties before the cart
may be used at the concession area. The City reserves the right to approve any modifications,
changes, or alternative cart. The cart is subject to inspection by City. The cart must be
maintained and repaired to the City's satisfaction. The cart must be removed from the right-of-
way when not in use.
I. Restrictions: Equipment such as tables, chairs, benches and displays not attached to the
cart may not be used except for items & equipment authorized, in writing, by the City
Representative. Merchandise must be restricted to the cart or appropriate storage containers if
authorized. Vendor area must not exceed 10 X 10 feet, excepting only a tarp or other protective
medium placed to protect underlying surface. Cart must be located in approved location on site
and cannot impede pedestrian flow.
J. Cleanliness: Concessionaire shall supply a trash receptacle and keep the concession area
clean of all trash within 100 foot radius of site. Food Concessionaire must use a tarp under cart
and product preparation/serving area to prevent cleaning of site by the City, which cost will be
paid by Concessionaire.
K. Sales Tax Returns: All sales tax returns and concessionaire payments to the City associated
with the concession operation must be filed by their due date. No assessment fees, penalties or
interest will be waived by the City.
L. Power Source: If the Concessionaire needs electrical power the Concessionaire must
provide for such power through the City Light & Power Department at the Concessionaire's
expense. Arrangements to supply power to the concession area must be reviewed with the
appropriate City departments. Portable generators will not be permitted due to concerns
regarding compatibility and noise.
M. Stock: The Concessionaire shall maintain an adequate stock of supplies on hand for all
occasions in order to supply the need of parties desiring to patronize the concession area.
N. Hours: The Concessionaire must keep the concession area open for business as directed
by the City Recreation Supervisor. Days of operation shall be agreed to by both parties and the
minimum hours of operation must be maintained. Minimum hours are:
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PM to PM on Monday through Friday during the softball season,
which starts on March 23, 2010.
AM to PM on Saturdays and Sundays during weekend events at the
Rolland Moore Ball Field Complex.
Concessionaire is not required to operate on national holidays or holidays recognized by the
City where City offices (except for emergency services offices) and/or Rolland Moore Ball
Field Complex are closed.
O. Inclement Weather: The Concessionaire shall not be required to operate the concession
when it. is raining, snowing, hailing, and abnormally windy or when the air temperature is below 50
degrees Fahrenheit.
P. Product. The products authorized are as described in Concessionaire's proposal and
agreed to by the City. The City will not pre -authorize new products but does reserve the right to
review any new products that may be added. This is to ensure that the new products meet the
same quality as those proposed in the original Request for Proposal.
Q. Blackout Dates. Concessionaire will not be allowed to operate in granted site during special
events in the Rolland Moore Community Park as determined by the Recreation Supervisor.
The Recreation Supervisor will work with concessionaire regarding options for obtaining a site and
the fee.
Section 4. General Conditions
A. The Concessionaire shall neither assign any of the rights nor delegate any of the duties
under the provisions of this Agreement without having first obtained the written permission of the
City. The Concessionaire shall not sublet any portion of the concession area or allow any other
person to take possession of any portion of the concession areas without the written consent of
the City.
C. This Agreement may not be enlarged, modified or altered except in writing, signed by the
parties as an amendment hereto.
D. No waiver of any breach of this Agreement shall be held or construed to be a waiver of any
subsequent breach thereof.
E. It is expressly understood and agreed by and between the parties hereto that in the
performance of the terms and conditions of this Agreement, time is of the essence.
F. The location assigned is not transferable to another vendor or concessionaire.
G. Fixtures and Improvements:
1. The Concessionaire agrees that all auxiliary equipment needed to operate the
Concession shall be installed at its expense. Prior to making any and all
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improvements on said premises, the Concessionaire agrees to obtain the approval of
the appropriate City Department and shall supervise the construction of said
improvements.
2. Upon the termination of this Agreement the Concessionaire shall remove any
fixtures or improvements made by it to the concession area. However, the concession
area must be restored to as good a condition as the premises were in at the time the
Concessionaire took possession thereof.
H. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and
assigns of the parties hereto.
I. If either party must resort to legal action to enforce the terms of this Agreement, the
prevailing party shall be awarded its costs and reasonable attorney's fees
J. Any notice required or desired to be given under this Agreement will be considered
delivered to the other party upon hand delivery or upon its deposit in the United States mail,
postage prepaid, sent by registered mail, addressed to the other party at the following address:
City:
City of Fort Collins
Purchasing Division
P.O. Box 580
Fort Collins, CO 80522
Concessionaire:
K. Notwithstanding the time periods contained herein, the City may terminate this
Agreement at any time without cause by providing written notice of termination to the
Concessionaire. Such notice shall be delivered at least fifteen (15) days prior to the termination
date contained in said notice unless otherwise agreed in writing by the parties. All notices
provided under this Agreement shall be effective when mailed, postage prepaid and sent to the
above address.
Section 5. Default
A. The Concessionaire shall be in default under the terms and conditions of this Agreement, if
the Concessionaire fails to cure the default within ten (10) days after written notice setting forth
the nature of the default is delivered to the Concessionaire.
B. In the event the default is not timely cured, the City may elect to (a) terminate this
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance or (c) avail itself of any other remedy at law or equity.
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Section 6. Prohibition Against Employing Illegal Aliens
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider 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. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
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 Service Provider 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. Service Provider 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.
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f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising
out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
Section 7. Amendment 54
To the extent that this Agreement may constitute a "sole source government contract" within the
meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the
City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby
incorporated into this Agreement and made a part hereof:
Section 15. Because of a presumption of impropriety between contributions to any campaign and sole
source government contracts, contract holders shall contractually agree, for the duration of the contract
and for two years thereafter, to cease making, causing to be made, or inducing by any means, a
contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate
family member and for the benefit of any political party or for the benefit of any candidate for any
elected office of the state (of Colorado) or any of its political subdivisions.
Section 8. Special Provisions
A. 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.
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B. 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.
C. 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.
D. 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.
E. 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.
1. Commission or conviction of a felony, or of any crime involving moral turpitude;
2. Theft or misuse of City money or property;
3. Harassment of, or discrimination against, any individual based on race, religion,
national origin, age, sex, sexual orientation or disability;
4. Falsification, unauthorized use or destruction of City records, reports or other data or
information belonging to the City;
5. Abusive or threatening treatment of any person, including, but not limited to physical
or verbal confrontation;
6. Using, consuming, possessing, having in the body or distributing alcohol (except in the
normal performance of concession services) or controlled substances during working
time;
7. Destruction, loss or abuse of City property;
8. Unauthorized use of City equipment or property for personal use; or
9. Possessing or maintaining sexually explicit materials on City property.
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City:
By:
James B. O'Neill II, CPPO, FNIGP
Concessionaire:
By:
Director of Purchasing and Risk Management Print Name:
Date: Title:
Date:
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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 Disclosure/Waiver 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
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
38
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)."
2. 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.
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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 #:
Signature of Parent or Guardian:
(if Applicant is under the age of 18):
Other names used in the last seven (7) years:
Date of Birth:
Social Security #:
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:
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SCOPE OF SERVICES
REQUEST FOR PROPOSAL
7116 BALL FIELD CONCESSIONAIRE-ROLLAND MOORE PARK
1.0 Introduction
The City of Fort Collins is requesting proposals from concessionaires for outdoor food and
beverage concession services at Rolland Moore Ball Field Complex (Complex) located in
Rolland Moore Community Park at 2201 S. Shields, Fort Collins, CO 80526.
The concession site is defined as the concourse area in the center of the four -field ball complex.
The purpose of this Concession Space is to provide quality food and non-alcoholic beverage
services primarily to ball team members and spectators.
The Concessionaire will provide all staff, equipment and product necessary to provide
concession operations as described.
Ideal Concessionaire will be fully operational when events are scheduled at the ball field
complex, primarily during the softball season which starts on March 23, 2010.
Ideal Concessionaire will have previous verifiable 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.
The Agreement will not include Concessionaire's use of vending machines in the supplying of
food, beverage or incidental items.
2.0 Proposal Requirements
Concessionaire should structure proposal to address both the mandatory conditions per Section
3.0 and evaluation criteria listed per Section 6.0. Proposals must also include other supporting
documents requested and proposed days and hours of operation.
Proposal must include name, title, business name, address, phone number and email address
for person submitting the proposal.
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.
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.
3.0 Mandatory Conditions
The following requirements will be contained in the Concessionaire Agreement. (See
Attachment "A" for sample). All mandatory conditions must be agreed to by the concessionaire.
Any objections to these conditions must be noted in Concessionaire's proposal.
3.1 Carts Requirement
Concessionaires will be required to have a mobile cart. The cart may not exceed the size
of four (4) foot wide, ten (10) foot long and eight (8) foot high, excluding roof overhangs
and wheels.
Photographs, blueprints or design specifications of the mobile cart must be submitted and
clearly show the design and quality of the cart to be used. Include a description that
details the type of materials used to make the cart.
2
EXHIBIT C
Para informaeion en espanol, visite wwwfte.gov/credit o escribe a la FTC Consumer Response
Center, Room 130 A 600 Pennsylvania Ave. N.W., Washington, 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 file;
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 scones 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 infonnation it has verified as accurate.
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EXHIBIT D
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid,
the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class
of operations covered, effective dates and date of expiration of policies, and containing substantially the
following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten
(10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take
out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper
and may deduct the cost of such insurance from any monies which may be due or become due the
Service Provider under this Agreement. The City, its officers, agents and employees shall be named as
additional insureds on the Service Provider's general liability and automobile liability insurance policies
for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible for
any .liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
During the agreement, the cart is subject to inspection by appropriate City staff. The
agreement will address acceptable levels of maintenance and appearance. The cart must
be removed from the concession site and Rolland Moore Community Park when not in
use.
Peripheral equipment such as tables, chairs, benches may not be used. The
concessionaire and merchandise is restricted to the cart approved area.
3.2 Product Description, Quality and Suitability
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.
3.3 Dates and Hours of Operation
The concession agreement will set forth the dates and hours of operation. The City's
preference is to have Concessionaire open for operation for the maximum number of hours
when events are scheduled at the Complex. The Parks field scheduler or Recreation
Supervisor will inform the concessionaire of the schedule.
3.4 Insurance Requirements
The agreement will require concessionaire to provide and maintain insurance coverage
naming the City as an additional insured under this Agreement of the type and with the
limits specified within attached Exhibit D.
3.5 Monetary Provision
The agreed upon monetary provisions of proposal will be included in the agreement. The
minimum that will be paid by concessionaire to the City, regardless of numbers of months
operated, is the $120 annual, non -fundable site fee plus any proposed percentage of gross
sales receipts per Concessionaire proposal.
3.6 Not Transferable
An unexpired Concessionaire Agreement may not be transferred to a new concessionaire.
The purchase of an existing concession business does not include transfer of the
Concessionaire Agreement with the City.
3.7 Signage
All signs on the concession cart must be approved by the City.
3.8 Designated Locations and Boundaries
The concessionaire must stay within the designated ten (10) foot x ten (10) foot location,
excepting only a tarp or other protective medium placed to protect underlying surface. Cart
must be located in approved location on site and cannot impede pedestrian flow on the
sidewalk.
Surrounding trees or public property may not be utilized for display purposes or for the
purposes of expanding the concession site beyond its designated boundaries. Such action
could cause the agreement to be voided and the license to be canceled.
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3.9 Licenses, Laws, Rules and Regulations
Concessionaire shall be required to comply with all applicable laws, rules and regulations
governing their activities and must obtain all applicable licenses or permits. Currently
required include State and City Sales and Use Tax licenses for any vending operation, City
Outdoor Vending License, and Larimer County Health Department licenses for food or
beverage operation
3.10 Trash
Concessionaire shall be required to supply an acceptable trash receptacle and keep the
designated area clean of all trash generated by the concession within 100 foot radius of
the site.
Concessionaire must use a tarp under cart and product preparation/serving area to prevent
cleaning of the site by the City, which cost will be paid by Concessionaire.
3.11 Agreement Renewal
The Agreement will be reviewed annually and, at the City's option, may be renewed for
additional one (1) year periods not to exceed four (4) additional one-year periods.
3.12 Power Source
Any concessionaire needing electrical power will be required to provide for such power
through the City Parks Department. Arrangements to supply power should be reviewed
with the appropriate departments prior to submitting a proposal for the location. Portable
generators will not be permitted due to concerns regarding compatibility and noise.
3.14 Sales Tax Returns and Payments
All sales tax returns and payments to the City associated with the concession operation
must be filed by their due date. No assessment fees, penalties or interest will be waived.
Concessionaire shall pay the annual fee prior to the effective date of the agreement..
In addition, a fee will be accessed for cleaning assigned concession site area, as
determined necessary by the City, due to Concessionaire's operation.
Monthly payments shall be paid to the City Sales Tax Office prior to the due date of each
month for every month the agreement is in force.
4.0 Terms and Conditions
4.1 Single Agreement
The intent of the RFP is to select one (1) concessionaire for this site.
4.2 Execution of Agreement
A Concession Agreement, sample per Attachment "A", must be executed between the
awarded concessionaire and the City of Fort Collins before concession service can begin.
This document will constitute the entire agreement between the City and Concessionaire
concerning the concession and the use of the concession site.
4.3 Failure to Execute Agreement
If concessionaire does not execute an agreement within ten (10) days of offer by the City,
the City may give notice to the concessionaire that the location will be offered to the next
highest ranked concessionaire, call for new proposals, or leave the site vacant.
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4.4 Reserve Right
The City reserves the right to deny granting a concession agreement to any concessionaire
who has had past breaches in concession agreements and/or documented sales tax issues
with the City.
5.0 Additional Requirements.
5.1 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, the form for which shall be subject to prior
and continuing approval of the City.
5.2 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.
5.3 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.
5.4 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.
5.5 The Concessionaire must maintain an adequate stock of supplies on hand for all
occasions as needed to provide described concession services.
5.6 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.
5.7 "Gross Sales" includes all revenues received by the Concessionaire for performing the
concession service, except Sales Tax.
5.8 The City will pay for all trash and recycling removal services.
5.9 The Concessionaire shall submit to the City for review a list of all prices and items
which are to be sold at the concession site. Prices and items may be changed or increased
periodically, but any and all changes/increases must be reviewed by the Recreation
Supervisor
5.10 Smoking instruments, tobacco and alcohol products of any kind will not be sold.
5"
5.11 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.
6.0 Evaluation Criteria
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 the Complex and how needs will
be met? Quantify days and hours of operation?
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?
Has the 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?
7.0 Reference Evaluation (Top Ranked Concessionaire)
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?
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Attachment "A"
Sample Agreement
(For informational purposes, do not fill in or submit with proposal)
CONCESSION AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2010, by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and
(Concessionaire).
WITNESSETH
WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts from the
City a concession for outdoor vending at:
Concession Site:
NOW THEREFORE, in consideration of the mutual covenants and obligations herein expressed, the
parties agree as follows:
Section 1. Contract Documents
The contract documents consist of this Agreement and Exhibit B incorporated herein by this reference.
These form the contract, and are incorporated herein by this reference.
Section 2. Terms of the Agreement
A. This Agreement shall be effective from the date of the Agreement as entered above, until
, 2011, unless sooner terminated as herein provided. The City may, at its option,
renew the Agreement for additional one (1) year terms, to a maximum of four (4) additional one
year terms. However, either party may terminate this Agreement without cause, by providing
written notice to the other party of its intention to terminate at least thirty (30) days prior to the end
of the then existing term.
B. In the event that the concession location can not be used because of improvements being
made at the concession location, this Agreement may be suspended on 30 days notice to
the Concessionaire. The suspension shall continue until the improvements are completed
or it is determined that the location can no longer be used as a concession site. The City
will use a good faith effort to relocate the concession site if needed.
Section 3. Concession Operations
The City hereby grants Concessionaire a concession for the use of the property described as: Site
concession area. The Concessionaire shall have the exclusive right to operate an outdoor
concession within this area in accordance with the agreement.
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A. Independent Contractor: The services to be performed by the Concessionaire are those of
an independent contractor and not as an employee of the City. The City shall not be responsible
for withholding any portion of Concessionaire's compensation hereunder for the payment of FICA,
Worker's Compensation or otherwise.
B. Records: The Concessionaire shall keep adequate and proper business records of all
expenses and receipts of the concession operations. At the request of the City, all such business
records shall be made open and available for inspection and audit by the City of Fort Collins
Treasury Division.
C. Monetary Provision: The Concessionaire agrees to pay the City an annual fee per site equal
to One -Hundred -Twenty -Dollars ($120.00), plus (_) percent of gross receipts from the
concession operations conducted pursuant to this Agreement. Gross receipts shall include all
revenues, excluding sales tax received by the concessionaire from concession operations. All
such gross receipt payments shall be paid to the City on the same day that sales and use tax
payments are due. However, the payments for the concession must be submitted separately. The
annual fee is due prior to the initial term or any renewal term. Monthly payments shall be
paid to the City Sales Tax Office prior to the 10th of each month for every month the agreement is
in force.
D. Licenses: The Concessionaire shall obtain and pay for all licenses needed for the operation
of the concession including, but not necessarily limited to, a County Health Department Food
Services establishment inspection, City and State sales tax licenses. Any such licenses held
specifically by the Concessionaire in connection with this Agreement shall be surrendered by the
Concessionaire at the time of termination of this Agreement.
E. Laws, Rules & Regulations: The operation of the concession granted under this Agreement
shall, at all times, conform with all applicable Federal, State, and local laws and with all applicable
rules and regulations adopted by the City or any of its Boards or Departments.
F. Insurance/ Indemnity: The Concessionaire shall indemnify, save and hold harmless the City
from all claims and losses, including costs and reasonable attorney's fees arising directly or
indirectly out of the Concessionaire's use of the concession area or operation of the concession.
The Concessionaire shall take all necessary precautions in performing the work hereunder to
prevent injury to persons and property.
The Concessionaire shall maintain commercial liability insurance in the amount of $500,000
combined single limits naming the City as an additional insured under this Agreement of the type
and with the limits specified within Exhibit D. The Concessionaire before commencing services
hereunder, shall deliver to the City's Director of Purchasing and Risk Management, PO Box 580,
Fort Collins, CO 80522, one (1) copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the City.
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