HomeMy WebLinkAboutRFP - 7230 DOWNTOWN CONCESSIONAIRESCity
Financial Services
Purchasing Division
of
215 N. Mason St. 2nO Floor
PC Box
F6rtyyy���Collins
Fort
21.6705080522
O
/ \
970.221.6707
/ ` Purchasing
fcgov com/purchasing
om1pu
REQUEST FOR PROPOSAL
7230 Downtown Concessionaires
The City of Fort Collins is accepting written proposals from qualified concessionaires for
outdoor vending services in the downtown area.
Written proposals, one (1) copy, will be received at the City of Fort Collins
Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado
80524. Reference for Proposal (RFP) # 7230-Downtown Concessionaires.
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.
Proposals must be received at Purchasing Division before 3:00 p.m. (our clock)
on May 9, 2011.
Questions concerning the scope of the project should be directed to Linda Samuelson,
Project Manager at (970) 221-6246 or Isamuelson(cD_fcgov.com .
Questions regarding bid submittal or process should be directed to David Carey, CPPB,
Buyer at (970) 416-2191 or dcarey(cDfcgov.com .
A copy of the Proposal may be obtained as follows
Download the Proposal/Bid from the BuySpeed Webpage,
www.fcqov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd 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
RFP 7230 Downtown Concessionaires Page 1 of 21
Attachment "C"
TO BE INCLUDED WITH PROPOSAL
e1
Concessionaire name and if applicable, business name:
Name:
Title:
Business Name
Address:
I
Choices of outdoor vendor sites are as follows:
➢ Refer to the locations by site number found on Attachment 'B'.
➢ List first, second, and third choices for vending sites under Vending Site Number.
➢ To be considered for alternative sites, if not selected for first choice, second or third
choices must be specified.
➢ Enter 'Day', 'Night', or'Both' under Hours Requested for desired hours of operation.
➢ Concessionaires wishing to conduct vending at more than one location must submit a
separate proposal for each site.
CHOICE VENDING SITE NUMBER HOURS REQUESTED
1 St
2nd
3rd
I hereby acknowledge that I will comply with all mandatory conditions as stated and explained in
Sections 3.0, Mandatory Conditions and 5.0, Terms and Conditions of the Downtown
Concessionaire Request for Proposal.
I hereby acknowledge that l will comply with all mandatory conditions as stated and explained in
this document, and the Terms and Conditions of the attached Downtown Concessionaire
Agreement sample
Signature
Print Name
Date
RFP 7230 Downtown Concessionaires Page 10 of 21
Attachment "C"
TO BE INCLUDED WITH PROPOSAL
Proposal Form — RFP# 7230 Downtown Concessionaires
Page 2 of 2
Proposal will be evaluated based on the criteria found in Section 4.0.
Concessionaire should structure proposal in the same numerical order that the mandatory
conditions and review criteria are listed and must include the following:
Number of years experience outdoor vending in Fort Collins or another city.
If experience is not in the City of Fort Collins, include proof of vending elsewhere and list
a contact name or phone number to verify. An example of documentation would be
copies of sales tax returns for individual years in another city.
Number of years:
2. Number of years experience outdoor vending in the Fort Collins Downtown Plan Area on
public or private property.
Number of years:
3. Quality and Suitability of Product:
Include description and/or pictures of the products to be sold with estimated prices.
Quality comparisons, statements, pictures and/or brochures are requested to review the
quality and suitability of the products.
4. Quality/Appearance of Equipment:
Concessionaires are 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.
Degree to which City specifications and requirements are met. Include pictures,
schematics, or other data that will support and show the quality/appearance of
equipment, including cart.
The City reserves the right to inspect all equipment to make a determination.
5. Payments to the City:
The minimum that will be paid to the City, regardless of numbers of months operated, is the
$120 annual fee. In addition, food and beverage concessionaires shall pay between
approximately $85 and $240 per month for power washing of their assigned vending site.
Concessionaires at sites which are split between day and night operations with another
food and beverage concessionaire shall pay a portion of the power washing fee..
Enter proposed payment by marking the appropriate amount.
$120 annual fee only
$120 annual fee plus 1 % of gross receipts
$120 annual fee plus 2% of gross receipts
$120 annual fee plus 3% of gross receipts
RFP 7230 Downtown Concessionaires Page 11 of 21
Attachment "D"
Sample Agreement
(For informational purposes, do not fill in or submit with proposal)
DOWNTOWN CONCESSION AGREEMENT
THIS AGREEMENT is made and entered into this _ day of , 2011, by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and
(Concessionaire).
WITNESSETH
WHEREAS, the City Council passed Ordinance No. 36, 1994, establishing the Downtown Plan
Area as a concession area for the sale of goods and services from outdoor locations; and
WHEREAS, the City has established various concession locations in the Downtown Plan Area;
and
WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts
from the City a concession for outdoor vending at:
Site #
NOW THEREFORE, in consideration of the mutual covenants and obligations herein
expressed, the parties agree as follows:
Section 1. Contract Documents
The contract documents consist of this Agreement and Exhibits A & 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 June 1, 2011 until May 31, 2012, 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 one (1) 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
RFP 7230 Downtown Concessionaires Page 12 of 21
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 (per Exhibit A) for day/night use only outdoor vending.
The Concessionaire shall have the exclusive right to operate an outdoor vending concession
with this area in accordance with the agreement.
A. Independent Contractor: The services to be performed by the Concessionaire are
those of an independent contractor and not as an employee of the City. The City shall not
be responsible for withholding any portion of Concessionaire's compensation hereunder
for the payment of FICA, Worker's Compensation or otherwise.
B. Records: The Concessionaire shall keep adequate and proper business records
of all expenses and receipts of the concession operations. At the request of the City, all
such business records shall be made open and available for inspection and audit by the
City of Fort Collins Treasury Division.
C. Monetary Provision: The Concessionaire agrees to pay the City an amount equal to
One -Hundred -Twenty -Dollars ($120) per site per year, plus (_) percent of gross
receipts from the concession operations conducted pursuant to this Agreement. Gross
receipts shall include all revenues, excluding sales tax received by the concessionaire
from concession operations. All such gross receipt payments shall be paid to the City on
the same day that sales and use tax payments are due. However, the payments for the
concessions must be submitted separately. The $120 annual fee is due immediately, in
the initial term, and June 1s` 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.
RFP 7230 Downtown Concessionaires Page 13 of 21
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 maintain commercial liability
insurance in the amount of $500,000 combined single limits naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit B. The Concessionaire before commencing services hereunder, shall deliver to
the City's Director of Purchasing and Risk Management, P.O. Box 580, Fort Collins, CO
80522, one (1) copy of a certificate evidencing the insurance coverage required from an
insurance company acceptable to the City.
G. Signage: All signs on the concession cart must be approved by the City. Signs
may be displayed in or on the cart only unless additional signage is approved by City staff.
H. Cart: The Concessionaire will be required to have a mobile cart. The cart may
not exceed the size of four (4) foot wide, ten (10) foot long and eight (8) foot high,
excluding roof overhangs and wheels. The design and appearance of the cart must
conform to the specifications described in Concessionaire's proposal, unless otherwise
agreed to in writing by the parties before the cart may be used at the concession area.
The City reserves the right to approve any modifications, changes, or alternative cart. The
cart is subject to inspection by City. The cart must be maintained and repaired to the
City's satisfaction. The cart must be removed from the right-of-way when not in use.
I. Restrictions: Equipment such as tables, chairs, benches and displays not
attached to the cart may not be used except for items & equipment authorized, in writing,
by the City Representative. Merchandise must be restricted to the cart or appropriate
storage containers if authorized. Vendor area must not exceed 10 X 10 feet, excepting
only a tarp or other protective medium placed to protect underlying surface. Cart must be
located in approved location on site and cannot impede pedestrian flow on the sidewalk.
J. Cleanliness: Concessionaire shall keep the concession area clean of all trash
within 100 foot radius of site. Food concessionaires must use a tarp under cart to
minimize grease deposits and pay site cleaning fee. Concessionaire shall pay
Dollars ($_) per month cleaning fee for power washing of the site granted. If
concessionaire is at site which is split between day and night operations with another food
and beverage concessionaire, the concessionaire shall pay portion of above cleaning fee
as determined by the City. Cleaning fee subject to change during term of agreement
based on frequency required with at least thirty (30) days notice to the Concessionaire.
RFP 7230 Downtown Concessionaires Page 14 of 21
K. Sales Tax Returns: All sales tax returns and concessionaire payments to the City
associated with the concession operation must be filed by their due date. No assessment
fees, penalties or interest will be waived by the City.
L. Power Source: If the Concessionaire needs electrical power the Concessionaire
must provide for such power through the City Light & Power Department at the
Concessionaire's expense. Arrangements to supply power to the concession area must
be reviewed with the appropriate City departments. Portable generators will not be
permitted due to concerns regarding compatibility and noise.
M. Stock: The Concessionaire shall maintain an adequate stock of supplies on hand
for all occasions in order to supply the need of parties desiring to patronize the concession
area.
N. Hours: The Concessionaire must keep the concession area open for business as
directed by the City. Days of operation shall be agreed to by both parties and the
minimum hours of operation must be maintained. Minimum hours are:
to hours between 6:OOam and 6:OOpm thru
Concessionaire is not required to operate on national holidays or holidays
recognized by the City where City offices (except for emergency services offices) are
closed.
O. Inclement Weather: The Concessionaire shall not be required to operate the
concession when it is raining, snowing, hailing, and abnormally windy or when the air
temperature is below 50 degrees Fahrenheit.
P. Product. The products authorized are as described in Concessionaire's proposal
and agreed to by the City. The City will not pre -authorize new products but does reserve
the right to review any new products that may be added. This is to ensure that the new
products meet the same quality as those proposed in the original Request for Proposal.
Q. Blackout Dates. Concessionaire will not be allowed to operate in granted site
during the following special events in the downtown area: Old Town Car Show, Colorado
Brewers Festival and New West Fest. Dates for 2011 are June 25th, June 261h, August
12th, August 13th, August 14th, and September 10th. Contact the Downtown Business
Association (DBA) at (970) 484-6500 to receive an application for a site at these events,
and event dates for subsequent years of this contract. The DBA will work with
concessionaires regarding the location of the site and a discounted booth rate.
Section 4. General Conditions
RFP 7230 Downtown Concessionaires Page 15 of 21
A. The Concessionaire shall neither assign any of the rights nor delegate any of the
duties under the provisions of this Agreement without having first obtained the written
permission of the City. The Concessionaire shall not sublet any portion of the concession
area or allow any other person to take possession of any portion of the concession areas
without the written consent of the City.
B. Vacant sites resulting from either no -bid or termination may be filled at anytime for
the duration of the current one (1) year period. Responsible parties will be awarded
vacant sites as acceptable proposals are received. The city may, at its option, renew the
Agreement for the formerly vacant sites for additional one (1) year periods not to exceed
the balance of the additional periods remaining for this Agreement.
C. This Agreement may not be enlarged, modified or altered except in writing, signed
by the parties as an amendment hereto.
D. No waiver of any breach of this Agreement shall be held or construed to be a
waiver of any subsequent breach thereof.
E. It is expressly understood and agreed by and between the parties hereto that in the
performance of the terms and conditions of this Agreement, time is of the essence.
F. The location assigned is not transferable to another vendor or concessionaire.
G. Fixtures and Improvements:
1. The Concessionaire agrees that all auxiliary equipment needed to operate
the Concession shall be installed at its expense. Prior to making any and all
improvements on said premises, the Concessionaire agrees to obtain the
approval of the appropriate City Department and shall supervise the
construction of said improvements.
2. Upon the termination of this Agreement the Concessionaire shall remove
any fixtures or improvements made by it to the concession area. However, the
concession area must be restored to as good a condition as the premises were
in at the time the Concessionaire took possession thereof.
H. This Agreement shall be binding upon and inure to the benefit of the heirs,
successors, and assigns of the parties hereto.
I. If either party must resort to legal action to enforce the terms of this Agreement, the
prevailing party shall be awarded its costs and reasonable attorney's fees.
RFP 7230 Downtown Concessionaires Page 16 of 21
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: Concessionaire:
City of Fort Collins
Purchasing Division
P.O. Box 580
Fort Collins, CO 80522
K. Notwithstanding the time periods contained herein, either party may terminate this
Agreement at any time without cause by providing written notice of termination to the other
party. 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.
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
RFP 7230 Downtown Concessionaires Page 17 of 21
employment eligibility of all newly hired employees to perform work under this
Agreement.
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.
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.
RFP 7230 Downtown Concessionaires Page 18 of 21
Section 7. Special Provisions.
Special provisions or conditions relating to the services to be performed pursuant to this
Agreement are set forth in Exhibit "C" Affidavit Pursuant to C.R.S. 24-76.5-103,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
This is for unincorporated concessionaires.
City:
City of Fort Collins
Concessionaire:
By: By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management Print Name:
RFP 7230 Downtown Concessionaires Page 19 of 21
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
RFP 7230 Downtown Concessionaires Page 2 of 21
EXHIBIT "B"
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except
after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider
shall maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. 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.
RFP 7230 Downtown Concessionaires Page 20 of 21
EXHIBIT C
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, , swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
Signature
Date
RFP 7230 Downtown Concessionaires Page 21 of 21
SCOPE OF SERVICES
1.0 Introduction
The City is requesting proposals for outdoor concessionaire services in the Downtown
Plan Area. The available site locations and type of vending authorized per site can be
found in Attachment "B". Attachment "A" is a map of site locations and designates the
boundaries of the Downtown Plan Area.
2.0 How to Submit Proposal
Submit proposal using completed Proposal Form Attachment "C" and include other
supporting documents requested in this request for proposal. To vend at two (2) or
more separate sites, separate proposals must be submitted. To be considered for
alternative sites, if not selected for first choice, second or third choices must be
specified.
3.0 Mandatory Conditions
The following requirements will be contained in the Concessionaire Agreement. (See
Attachment "D" for sample).
3.1 Carts Requirement
Concessionaires for locations in the downtown area will be required to have a
mobile cart; unless it is designated for transportation related vending such as
buggy rides. The cart may not exceed the size of four (4) foot wide, ten (10) foot
long and eight (8) foot high, excluding roof overhangs and wheels.
Photographs, blueprints or design specifications of the mobile cart must be
submitted and clearly show the design and quality of the cart to be used. Include a
description that details the type of materials used to make the cart.
During the agreement, the cart is subject to inspection by appropriate City staff.
The agreement will address acceptable levels of maintenance and appearance.
The cart must be removed from the right-of-way when not in use.
For public safety reasons and to ensure proper transportation flow, each space that
has been designated for outdoor vending in the Downtown Plan Area will
accommodate the maximum size that is allowed. Peripheral equipment such as
tables, chairs, benches may not be used. The concessionaire and merchandise is
restricted to the cart approved area.
3.2 Product 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.
RFP 7230 Downtown Concessionaires Page 3 of 21
3.3 Dates and Hours of Operation
The concession agreement sets forth the dates and hours of operation. Specific
issues will be addressed such as temperature and weather limitations. If alternative
hours are requested, they must be stated in proposal and agreed to by the City.
3.4Blackout Dates
Concessionaire will not be allowed to operate in granted site during the following
special events in the downtown area: Colorado Brewers Festival, New West Fest ,
and Old Town Car Show. Dates for 2011 are: June 25th, June 26ih, August 12th,
August 13th, August 14th, and September 10th. Contact the Downtown Business
Association (DBA) at (970) 484-6500 to receive an application for a site at these
events, and event dates for subsequent years of this contract. The DBA will work
with concessionaires regarding the location of the site and a discounted booth rate.
3.5 Insurance Requirements
The agreement will require commercial general liability naming the City as
additional insured. The amount of coverage will be $500,000 as well as
indemnification for the City. If deemed necessary, bonding may be required.
3.6 Monetary Provision
The agreed upon monetary provisions of proposal will be included in the
agreement.
3.7 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.
3.8 Signage
All signs on the concession cart must be approved by the City.
3.9 Designated Locations and Boundaries
The concessionaire must stay within 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.
RFP 7230 Downtown Concessionaires Page 4 of 21
3.10 Licenses, Laws, Rules and Regulations
Concessionaires shall be required to comply with all applicable laws, rules and
regulations governing their activities and must obtain all applicable licenses or
permits. Currently required are State and City Sales and Use Tax licenses for any
vending operation, and Larimer County Health Department licenses for food or
beverage operation
3.11 Trash
Concessionaires shall be required to supply an acceptable trash receptacle and
keep the designated area clean of all trash generated by the concession within 100
foot radius of site.
Food concessionaires must use a tarp under cart to minimize grease deposits.
3.12 Agreement Renewal
The Agreement will be reviewed annually and, at the City's option, may be
renewed for additional one (1) year periods not to exceed four (4) additional one-
year periods.
3.13 Power Source
Any concessionaire needing electrical power will be required to provide for such
power through the City Utilities 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.
All concessionaires shall pay the City an annual fee of $120 for each vending site.
Payment of annual fee is due prior to June 1 in the initial term or any renewal term.
In addition, food and beverage concessionaires shall pay between $85 and $240
per month, depending on the site, for power washing of their assigned vending site.
Concessionaires at sites which are split between day and night operations with
another food and beverage concessionaire shall pay one-half of the power washing
fee.
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.
RFP 7230 Downtown Concessionaires Page 5 of 21
4.0 Evaluation Criteria
All mandatory conditions must be agreed to by the concessionaire. Any objections to
these conditions may result in rejection of the proposal. The following table shows the
criteria and points to be used in the evaluation of proposals. The highest score for each
location will be awarded that location for vending purposes.
The City reserves the right to interview each concessionaire who has submitted a
complete proposal.
Criteria
Points
0 points for less than 1 year.
1. Number of years experience outdoor
3 points for 1 year to less than 3 years.
vending in Fort Collins or another city.
7 points for 3 years to less than 5 years.
10 points for 5 years and over.
2. Number of years experience outdoor
0 points for less than 1 year.
vending in the Fort Collins Downtown
1.5 points for 1 year to less than 3 years.
Plan
3.5 points for 3 years to less than 5 years.
Area on public or private property.
5 points for 5 years and over.
3. Quality of Product and Suitability.
0 points for unacceptable
5 points for marginally acceptable
10 points for acceptable
4. Quality/Appearance of Equipment.
0 points for unacceptable
3 points for marginally acceptable
5 points for acceptable
5. Payments to the City.
0 points for $120 annual fee only
3 points for $120 plus 1 % of gross receipts
4 points for $120 plus 2% of gross receipts
5 points for $120 plus 3% of gross receipts
RFP 7230 Downtown Concessionaires Page 6 of 21
5.0 Terms and Conditions
5.1 Single Agreement
The intent of the RFP is to select one (1) concessionaire for each location per day
and night .
5.2 Execution of Agreement
A Concession Agreement, sample per Attachment "D", 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 space.
5.3 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 for that location, call for new proposals, or
leave the site(s) vacant.
5.4 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.
5.5 Vacant Sites
Vacant sites resulting from either no -bid or termination may be filled at anytime for
the duration of the current one (1) year period. Responsible parties will be awarded
vacant sites as acceptable proposals are received. The city may, at its option,
renew the Agreement for the formerly vacant sites for additional one (1) year periods
not to exceed the balance of the four (4) additional periods remaining for this
Agreement.
5.6 Mandatory Conditions
All mandatory conditions must be agreed to by the concessionaire. Any objections
to these conditions may result in rejection of the proposal.
5.7 Future Site Openings
To be considered for future site openings concessionaire must be registered City
will use Purchasing's online vendor database to notify registered vendors if and
when proposals are requested for available downtown concession sites. Only
vendors selecting Commodity and Services Code # 961-15 will be notified via email.
Vendor must maintain accurate information in the database for their business.
Accurate email address is critical. City is not responsible if notification is not
received.
Concessionaire should go to fcqov.com/eprocurement/ to download instructions for
registering as a vendor and complete registration.
RFP 7230 Downtown Concessionaires Page 7 of 21
Attachment "A"
Site Map
DZ 10
a o
cam.
s l
SMASON ST O NMASON ST
c
z
z `
V� <
N
Mo
FLI
o TN
o °u
o J
r�—S.COLLEGEAYE N.COLLEGEAVE.
N�
G�CL tiso
o M I�JI o
�.
m REMINGTON ST S Q
IFM O
o 0 �d
c y� YgY
D
a m ry
w —
�I f F9cii
o—MAFHENfS ST O \ �
RFP 7230 Downtown Concessionaires Page 8 of 21
Attachment "B"
Vending Sites
Location
Type of Vending
Site Comments
Authorized
Site 1 - Mountain & College intersection,
Food, Beverage,
southeast of Beau Jo's, by newspaper stands
Retail, Service
Site 2 — Location eliminated 2009
Site 3 — Location eliminated 2009
Site 4 - Public ROW, SE corner of Mountain
Food, Beverage,
& College intersection, west of wall, north of
Retail, Service
Cache Bank & Trust
Site 5 - Public ROW, SW corner of Mountain
Retail, Service
Not available for
& College intersection
2011- 2012 Bid
Period
Site 6 — Location eliminated 2006
Site 7 — Location eliminated 2006
Site 8 — Public ROW,NE Corner of College &
Oak
Site 9 — Location eliminated 2004
Site 10 - Public ROW, SE corner of Oak &
Food, Beverage,
College
Retail, Service
Site 11 — Location eliminated 2006
Site 12 — Location only for attended
Transportation
transportation
03/28/2011
RFP 7230 Downtown Concessionaires Page 9 of 21