HomeMy WebLinkAboutRFP - 7423 OUTDOOR MOBILE VENDING SERVICES - DOWNTOWN ZONE DISTRFP 7423 Outdoor Vending Services Page 1 of 21
REQUEST FOR PROPOSAL
7423 Outdoor Mobile Vending Services-Downtown Zone District
The City of Fort Collins is requesting written proposals from qualified concessionaires
for outdoor mobile vending services in the approved public parking lots located in the
Downtown Zone District. The intent is to select one (1) concessionaire each for Lot 1,
Lot 2 and Lot 3 and three (3) concessionaires for Lot 4.
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
Request for Proposal (RFP) # 7423- Outdoor Vending Services. 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. For available parking lot sites
that do not receive acceptable proposals, those sites will remain available until an
acceptable proposal is received.
Proposals must be received at Purchasing Division before 3:00 p.m. (our clock)
on Friday, August 24, 2012.
Questions concerning the scope of services should be directed to Linda Samuelson,
Project Manager at (970) 221-6246 or lsamuelson@fcgov.com .
Questions regarding proposal submittal or process should be directed to David Carey,
CPPB, Buyer at (970) 416-2191 or 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
See Section 5.7 for instructions on how to register as a vendor.
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,
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 7423 Outdoor Vending Services Page 2 of 21
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
RFP 7423 Outdoor Vending Services Page 3 of 21
SCOPE OF SERVICES
1.0 Introduction
The City is requesting proposals for outdoor mobile vending services only in the
approved three (3) public parking lots and one (1) City owned lot located in the
Downtown Zone District. Existing pushcart downtown sidewalk sites are not included in
this Request for Proposal (RFP). The available site locations, number of vendors per
site, and days and hours of operation can be found in Attachment “B”. Attachment “A” is
a map of parking lot locations. The intent is to select one (1) concessionaire each for Lot
1, Lot 2 and Lot 3 and three (3) concessionaires for Lot 4.
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 parking lot sites, separate proposals must be submitted. To be
considered for alternative parking lot 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 Mobile Food Truck or Pushcart Requirement
Concessionaires located in the approved public parking lots in the Downtown Zone
District will be required to have a mobile food truck or pushcart.as defined in the
revised Outdoor Vendor Ordinance 058, 2012 effective July 27, 2012.
Photographs, blueprints or design specifications of the mobile food truck or
pushcart must be submitted and clearly show the design and quality of the mobile
food truck or pushcart to be used. .
During the agreement, the mobile food truck or pushcart is subject to inspection by
appropriate City staff. The agreement will address acceptable levels of
maintenance and appearance. The mobile food truck or pushcart 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 an approved public parking lot in the
Downtown Zone District 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 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 7423 Outdoor Vending Services Page 4 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.
3.4 Blackout Dates
Concessionaire will not be allowed to operate in granted site during special events
in the Downtown Zone District when the public parking lot would be utilized as part
of the event venue Contact the Downtown Business Association (DBA) at (970)
484-6500 or the event promoter with inquiries for a site at their event
3.5 Insurance Requirements
The agreement will require insurance coverage as defined per Exhibit B of the
attached sample Downtown Zone District Concession Agreement naming the City
as certificate holder and additional insured. The amount of coverage will be
General Liability with Combined Single Limit of $500,000 per occurrence and
Products Liability with a Combined Single Limit of $500,000 per occurrence as well
as indemnification for the City.
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 mobile food truck or pushcart must be located in approved location on site
and cannot impede vehicular or pedestrian flow.
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.
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
RFP 7423 Outdoor Vending Services Page 5 of 21
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. Concessionaires are not allowed to use City trash receptacles.
Food concessionaires must use a tarp under the pushcart or if a mobile food truck,
under the serving area to minimize grease and spillage.
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
Portable generators will be permitted.
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 One–Hundred-Twenty
Dollars ($120) for each vending site. Payment of annual fee is due prior to
Agreement effective date for the initial term or any renewal term.
In addition, food and beverage concessionaires shall pay a clean-up fee of Twenty-
Dollars ($20.00) per month for their assigned vending site. Monthly payments shall
be paid to the City Sales Tax Office prior to the 10
th
of each month for every month
the agreement is in force.
RFP 7423 Outdoor Vending Services Page 6 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
1. Number of years experience outdoor
vending in Fort Collins or another city.
0 points for less than 1 year.
3 points for 1 year to less than 3 years.
7 points for 3 years to less than 5 years.
10 points for 5 years and over.
2. Number of years experience outdoor
vending in the Fort Collins Downtown
Zone District Area on public or private
property.
0 points for less than 1 year.
1.5 points for 1 year to less than 3 years.
3.5 points for 3 years to less than 5 years.
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 7423 Outdoor Vending Services Page 7 of 21
5.0 Terms and Conditions
5.1 Single Agreement
The intent of the RFP is to select one (1) concessionaire each for Lot 1, Lot 2 and
Lot 3 and three (3) concessionaires for Lot 4.
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 three (3) 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 www.fcgov.com/purchasing to download instructions
for registering as a vendor and complete registration.
RFP 7423 Outdoor Vending Services Page 8 of 21
Attachment “A”
Site Map
RFP 7423 Outdoor Vending Services Page 9 of 21
Attachment “B”
Vending Sites
Location Days of Operation Hours of
Operation
Lot 1 City Hall South Lot – 300 Laporte
Avenue
Monday through
Friday
10:00 am to 5:30
pm
Lot 2 215 North Mason Lot – North Lot
Monday through
Friday
10:00 am to 5:30
pm
Lot 3 Olive and Mathews Lot – SW corner
of intersection.
Monday through
Friday
10:00 am to 5:30
pm
Lot 4 Creamery Lot– 222 Laporte Avenue Monday, Wednesday
and Friday
10:00 am to 5:30
pm
RFP 7423 Outdoor Vending Services Page 10 of 21
Attachment “C”
TO BE INCLUDED WITH PROPOSAL
Proposal Form
RFP# 7423 Outdoor Mobile Vending Services-Downtown Zone District
Page 1 of 2
Concessionaire name and if applicable, business name:
Name: ________________________________________________________________
Title: __________________________________________________________________
Business Name: _________________________________________________________
Address: _______________________________________________________________
Phone: _________________________Email:__________________________________
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.
.
Concessionaires wishing to conduct vending at more than one location must submit a
separate proposal for each site.
CHOICE VENDING SITE NUMBER
1st ___
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 I 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 Date
_______________________________________________________________________
Print Name
RFP 7423 Outdoor Vending Services Page 11 of 21
Attachment “C”
TO BE INCLUDED WITH PROPOSAL
Proposal Form
RFP# 7423 Outdoor Mobile Vending Services-Downtown Zone District
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:
1. 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 Zone District 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 mobile food truck or pushcart .
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 a clean-up fee
of $20 per month for their assigned vending site.
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 7423 Outdoor Vending Services Page 12 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 _____, 2012, by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and
(Concessionaire).
WITNESSETH
WHEREAS, the City Council passed Ordinance No. 058,2012, establishing the Downtown Zone
District 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 Zone
District including approved public parking lots; and
WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts
from the City a concession for outdoor vending at:
Lot #
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 ________, 2012 until ________, 2013, 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 three (3) 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 7423 Outdoor Vending Services Page 13 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 outdoor vending. The Concessionaire
shall have the 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 t 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 7423 Outdoor Vending Services Page 14 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. Mobile Food Truck or Pushcart: The Concessionaire will be required to have a
mobile food truck or pushcart as defined in the Outdoor Vendor Ordinance, 058,2012,
effective July 27, 2012. . The design and appearance of the mobile food truck or pushcart
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
mobile food truck or pushcart. The mobile food truck or pushcart is subject to inspection
by City. The mobile food truck or pushcart must be maintained and repaired to the City's
satisfaction. The mobile food truck or pushcart must be removed from the site 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 mobile food truck or
pushcart. A tarp or other protective medium must be placed to protect underlying surface.
Mobile food truck or pushcart must be located in approved location on site and cannot
impede vehicular or pedestrian flow.
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 the pushcart
or if a mobile food truck, under the serving area to minimize grease deposits and
spillage. Concessionaire shall pay a clean-up fee of Twenty-Dollars ($20.00) per month
for their assigned site. Clean-up fee subject to change during term of agreement based
on frequency required with at least thirty (30) days’ notice to the Concessionaire.
RFP 7423 Outdoor Vending Services Page 15 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: Portable generators will permitted .
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 6:00am and 6:00pm ______ 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 special events in the Downtown Zone District in which the public parking lot would
be utilized as part of the event venue Contact the Downtown Business Association (DBA)
at (970) 484-6500 or the event promoter with inquires for a site at their event.
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.
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
RFP 7423 Outdoor Vending Services Page 16 of 21
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.
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
RFP 7423 Outdoor Vending Services Page 17 of 21
City:
Concessionaire:
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
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.
RFP 7423 Outdoor Vending Services Page 18 of 21
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 7423 Outdoor Vending Services Page 19 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:________________________________
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_______________________
By:________________________________
Print Name: _________________________
Title:_______________________________
Date:________________________
RFP 7423 Outdoor Vending Services Page 20 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 7423 Outdoor Vending Services Page 21 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