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HomeMy WebLinkAboutRFP - 7412 CAFE CONCESSION EVENT BEVERAGE SERVICES - FORT COLLINS MUSEUM OF DISCOVERYCity Financial Services of Purchasing Division 215 N. Mason St. 2"" Floor Fort Collins PO Box 580 Fort Collins, CO 80522 970.221.6775 Purchasing 970.221.6707 fcgov.com/purchasing REQUEST FOR PROPOSAL 7412 CAFE CONCESSION — EVENT BEVERAGE SERVICES FORT COLLINS MUSEUM OF DISCOVERY The City of Fort Collins is requesting proposals from qualified and competent individuals or companies to operate a prepared packaged food cafe concession and an alcoholic and non-alcoholic event beverage services at the new Fort Collins Museum of Discovery facility, using a Tavern License or a Hotel and Restaurant License, which is to be secured by the Concessionaire, in the Concessionaire's name. Written proposals, four (4) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason, 2nd Floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 pm (our clock) on August 7, 2012. Reference for Request for Proposal (RFP) No. 7412. 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. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager Cheryl Donaldson, Museum Director, at 970-416-2709, email: cdonaldson@fcgov.com Questions regarding proposals submittal or process should be directed to David Carey, CPPB, Buyer, 970-416-2191, email: 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 A Pre -Proposal Meeting will be held on Thursday, July 19, 2012 at 1:30 p.m. at the Fort Collins Museum of Discovery facility in the main entrance lobby located at 408 N. Mason. The City will allow potential concessionaires to examine the concession area at that time and answer questions pertaining to the proposal. The meeting is not mandatory, but strongly suggested. 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, RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 1 of 22 Exhibit A REQUEST FOR PROPOSAL NO. 7412 CAFE CONCESSION — EVENT BEVERAGE SERVICES FORT COLLINS MUSEUM OF DISCOVERY QUALIFICATION STATEMENT FORM 1. Experience Provide concession operating experience for yourself and your staff. 2. Financial Provide information on your financial ability to operate this concession. 3. Products List the products you intend to serve along with proposed prices. 4. Other Information Have you ever held or do you currently hold any financial interest, direct or indirect, in any retail liquor establishment, distillery, importing or wholesale liquor license? YES_ NO_ If "YES", explain in proposal. Attach copies of any written agreement or details of any oral agreement, by which any person (including a corporation) will share in the profit or gross proceeds of this concession, and any agreement relating to the concession which is contingent or conditional, in any way, upon volume, profit, sales, and giving of advice or consultation: Do you plan to be an active participant in the management and operation of the concession? YES NO If "NO", explain in proposal your intended management arrangement 5. References List references for entities which you have provided similar services within the last two (2) years. RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 10 of 21 Exhibit B REQUEST FOR PROPOSAL NO. 7412 CAFE CONCESSION - EVENT BEVERAGE SERVICES FORT COLLINS MUSEUM OF DISCOVERY PROPOSALFORM The proposer, , (an individual) (a partnership)(a corporation) hereby enters its proposal for 7412 Cafe Concession and Event Beverage Services for the Fort Collins Museum of Discovery per the Request for Proposal (RFP) document. Concession Fee Proposal: The Concessionaire shall pay, annually, as rental to the Museum, percent %) of the gross sales from the concession operation and/or a fixed amount of $ year. Gross sales are defined as total concession sales excluding sales tax. Signature: Title: Company Name: Date: Street: Phone #: City: Fax #: State/Zip: Email: RFP 7412 Cafe Concession - Event Beverage Services - FCMD Page 11 of 21 Exhibit C SAMPLE CONCESSION AGREEMENT THIS AGREEMENT made and entered into this _ day of 20_, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City," and an individual, hereinafter referred to as "Concessionaire." WITNESSETH: 1. Premises covered by Concession Agreement The premises covered by this Agreement shall be the Fort Collins Museum of Discovery (Museum), located at 408 N. Mason Street, Fort Collins, Colorado. 2. Term The initial term of this Agreement shall begin on November 1, 2012 and end October 31, 2013 unless terminated sooner as herein provided. At the sole discretion of the City of Fort Collins this Agreement may be extended for additional one-year terms, up to four (4) additional one- year terms. Written notice of renewal will be provided to the Concessionaire and mailed no later than 30 days prior to contract end. 3. Services The Concessionaire will operate an alcoholic and non-alcoholic beverage concession at the Fort Collins Museum of Discovery, using a Liquor License (Tavern License or a Hotel and Restaurant License) secured by the Concessionaire and in the Concessionaire's name. The Museum Event Coordinator will coordinate all service requests for private events at the Museum between the hosts and the Concessionaire. Hosts shall pay the Museum according to the agreement between the two parties. The Concessionaire will prepare the contracts based on information from the Event Coordinator. 4. Licenses, permits, and taxes The Concessionaire shall obtain and pay for all licenses, permits and taxes, required by law or necessary for the operation of the concession at the NACC, including but not limited to a Liquor License, Liquor Occupation Tax, Sales/Use Tax License, etc. Any such licenses or permits held by the Concessionaire in connection with the concession are to be surrendered by the Concessionaire at the time of termination of the Agreement and the Concessionaire expressly agrees to surrender all of such licenses or permits and not oppose any new license or permit applications by such person as the City may select. The Concessionaire shall collect and remit sales taxes on all taxable sales in the manner prescribed by law. 5. Contingency In the event the Concessionaire is not able to obtain all licenses and permits required to operate the concession at the Museum, this Agreement shall become null and void and both parties shall be released from further obligations under this Agreement. RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 12 of 21 6. Pricing Prices charged for food and beverages provided by the Concessionaire must be approved by the Executive Directors of the Museum. 7. Reporting and Payment The Concessionaire will maintain daily sales records, itemized by the type of food and beverage and payment, in electronic format. The Concessionaire will give the Museum a written report every two (2) weeks. The Concessionaire will pay the Museum monthly the commission as agreed to in the contract, by the fifth day of each month. The Concessionaire will give the Executive Directors of the Museum an annual sales report, by January 315` of each year of the agreement, detailing sales by the cafe and private events. Failure to pay charges or provide monthly reports may result in termination of the Concession Agreement. 8. Private Events The Museum Event Coordinator will coordinate the service requests for private events at the Museum between the customers and the Concessionaire. The Concessionaire will prepare the contracts based on the information from the Event Coordinator. The Concessionaire is required to submit to the Museum an itemized invoice no later than one (1) business day after each private event. The Museum will receive deposits and invoice payments from the customers. The Museum will prepare a monthly report and pay the Concessionaire on the first and fifteenth of each month. 9. Equipment and Supplies The Concessionaire shall be responsible for providing all supplies, inventory and miscellaneous equipment required to operate the concession. The Concessionaire shall also provide and pay for all telephones, cash registers, POS System, credit card machines, and expanded security systems. In addition to the Concession Space, the Museum shall provide the following: 6.1 Equipment as listed on Exhibit E, attached hereto and made a part hereof; 6.2 Lighting fixtures for general area illumination; 6.3 Tables and seating for the area; and 6.4 Heat and air conditioning 10. Dress Code Business casual dress code is required for all Staff working in the cafe. Name tags are required at all times. As approved by the Executive Directors of the Museum. 11. Advertising Any advertising by the concessionaire at the Museum Facility at any time requires the written permission of the Executive Directors of the Museum. RFP 7412 Cafe Concession - Event Beverage Services - FCMD Page 13 of 21 12. Utilities, Maintenance and Janitorial Duties 12.1 Utilities. The Museum shall pay all charges for water, storm water, sewer, gas, trash collection, recycling, basic facility security system, natural gas and electric services to the Concession Space. 12.2 Maintenance and Repair. The Museum shall maintain and repair the Concession Space and Museum owned equipment and fixtures. Concessionaire shall submit all requests for repairs or maintenance to the Museum Representative. 12.3 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space/Area and its fixtures clean and in good sanitary condition as required by the ordinances, resolutions, statutes and health, sanitary and police regulations of the City of Fort Collins, County of Larimer and State of Colorado. 12.4 Trash. The Concessionaire is responsible for the ongoing cleanliness of the Concession Space/Area in order to provide a clean and orderly appearance for patrons including but not limited to, removal of all food and drink containers including plates, napkins, eating utensils, bottles and cups, and proper disposal into recycling, composting and in some cases trash bins in the designated garbage collection area, and removing trash accumulations in designated trash containers. Trash will not be allowed to travel through the Museum to designated trash containers. 13. Advertising Any advertising by the concessionaire at the Museum Facility at any time requires the written permission of the Executive Directors of the Museum. 14. Sale of Alcoholic Beverages The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the Fort Collins Museum of Discovery to patrons or participants in such events unless approved in writing by the Executive Directors of the Museum. No alcohol shall be dispensed or consumed in the digital dome theater or exhibition galleries without permission of the Executive Directors of the Museum. Alcohol shall be served only in connection with programs presented primarily for adult audiences. No alcohol shall be available for programs presented primarily for minor audiences. Donations of liquor for fund raising events are permitted only with written permission by the Executive Directors of the Museum. The Museum will allow local, non-profit presenters to provide donated liquor in the lobby in conjunction with their functions. The Museum will not allow any group renting the facility to use donated liquor for events or receptions. Concessionaire RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 14 of 21 agrees to coordinate with the customers for all necessary legal obligations associated with the events. 15. Regulations and Administration The Concessionaire must conduct all concession operations in accordance with all applicable ordinances, laws, statutes, rules and regulations of any authority having lawful jurisdiction over the premises. This Agreement shall be administered by the Museum's Representative, or other person designated in writing by the Museum Director. 16. Independent Contractor/Indemnification The Concessionaire is an independent contractor and not an employee of neither the City nor Museum. The City shall not be responsible for any liabilities of the Concessionaire arising out of the concession herein granted. The Concessionaire hereby agrees to indemnify, save and hold harmless the City and its officers, employees, agents and representatives from any and all liability or loss that may be incurred or claimed by any person as a result of injury to person or property, arising directly or indirectly out of the operation of the concession, including, without limitation, any debts incurred by the Concessionaire and any liability arising out of the Colorado Dram Shop Act, Section 13-21-103, C.R.S. 17. Insurance Requirements A. The Concessionaire will provide from insurance companies, acceptable to both the City and Museum, the insurance coverage designated hereinafter and pay all costs. The Concessionaire also indemnifies both the City and Museum. Before commencing work under this Request for Proposal, the Concessionaire shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the City." In the case of the breach of any provision of this requirement, the City, at their option, may take out and maintain, at the expense of the Concessionaire, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due to the Concessionaire under this agreement. Both the City of Fort Collins and Fort Collins Museum of Discovery Museum, its officers, agents, and employees shall be named as additional insured on the Concessionaire "general liability" insurance policy for any claims arising out of work performed under this agreement. RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 15 of 21 B. Insurance coverages shall meet the following insurance limits: 1. $1,000,000 --Commercial General Liability with Combined Single Limit; $2,000,000 Aggregate 2. Statutory --Workers' Compensation Coverage A 3. $100,000/$500,000/$100,000-- Workers' Compensation Coverage B 5. $1,000,000 --Products Liability In the event any work under this agreement is performed by a sub -contractor, the Concessionaire shall be responsible for any liability directly or indirectly arising out of the work performed under this agreement by a sub -contractor, which liability is not covered by the subcontractor's insurance. 18. 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. 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 concessionaire. G. Fixtures and Improvements: 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, RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 16 of 21 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. 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 parry 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: Museum: City of Fort Collins Fort Collins Museum of Discovery Purchasing Division Attn: Cheryl Donaldson P.O. Box 580 408 N Mason Street Fort Collins, CO 80522 Fort Collins, CO 80524 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. 19. Assignment The Concessionaire shall neither assign any of the rights nor delegate any of the duties imposed upon it under the provisions of this Agreement without having first obtained the written permission of both the City and Museum. 20. Default In the event the Concessionaire defaults in any performance required by this Agreement, and if such default is not corrected within five (5) days after written notice setting forth the same is delivered to the Concessionaire, then, at the option of the City, the Agreement may be terminated and, upon such termination, all rights the Concessionaire has in the concession shall immediately cease and terminate. 21. Rental The Concessionaire shall pay annually, as rental to the Museum, percent (_%) of the gross revenues from the concession operation (and/or a fixed amount of $ Gross revenues are defined as total concession sales excluding sales tax. All such sums shall be payable annually to the Museum, with payment due forty-five (45) days after the close of the RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 17 of 21 fiscal year. Concurrent with the annual payment, the Concessionaire shall submit a complete accounting of its concession operation for the preceding year. The Concessionaire shall keep adequate and proper business records which will include all expenses and receipts of the concession. Upon the City's request, all of such records shall be made open and available for inspection and audit by the City. 22. Saving Clause If any term or provision of this Agreement is or becomes invalid or unenforceable by reason of a conflict with any applicable laws, statutes, ordinances, rules or regulations, such invalidity or unenforceability shall not affect or impair any other terms or provisions of this Agreement. 23. Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 "Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. b. Contractor 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. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 18 of 21 1. Notify such subcontractor and the City within three days that Contractor 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 Contractor 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. f. Contractor 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. g. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. h. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 24. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 19 of 21 entertainment, kick -back 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 ll, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 2 of 21 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day and year first above written. THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation Bv: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management CONCESSIONAIRE: By: Print Name Title Date: RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 20 of 21 EXHIBIT D 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 INTERNAL USE ONLY Valid forms of identification 7---current Colorado driver's license, minor driver's license, probationary driver's license, commercial driver's license, restricted driver's license, instruction permit 7---current Colorado identification card 7---U.S. military card or dependent identification card 7---U.S. coast guard merchant mariner card 7---Native American tribal document forms of identification may be accepted through February 28, 7---original birth certificate from any state of the United States 7---certificate verifying naturalized status by U.S. with photo and raised seal 7---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport 7---order of adoption by a U.S. court with seal of certification 7---valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL, MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI 7---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current I- 551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired Resident Alien card, Permanent Resident card or Employment Authorization card 'A waiver may be available where no identification exists or can be obtained due to a medical condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's license. Contact your department director. RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 21 of 21 EXHIBIT E EQUIPMENT INVENTORY (SUPPLIED BY THE MUSEUM) ITEM 1: REACH IN REFRIGERATOR/FREEZR Quantity: One (1) ITEM 2: UNDERCABINET REFRIGERATOR Quantity: One (1) ITEM 3: UNDERCABINET ICE MAKER Quantity: One (1) ITEM 4: EXPRESSO MACHINE Quantity: One (1) ITEM 5: COFFEE MACHINE Quantity: One (1) ITEM 6: COFFEE GRINDER Quantity: One (1) ITEM 7: REFIRGERATED DISPLAY CABINET Quantity: One (1) ITEM 8: DISHWASHER Quantity: One (1) ITEM 9: WATER FILLER Quantity: One (1) RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 22 of 21 REQUEST FOR PROPOSAL NO. 7412 CAFE CONCESSION — EVENT BEVERAGE SERVICES FORT COLLINS MUSEUM OF DISCOVERY A. Background The Fort Collins Museum of Discovery (Museum) and the City of Fort Collins (City) is soliciting proposals from qualified and competent individuals of companies to operate a cafe and alcoholic and non-alcoholic event beverage concession at the co -owned facility listed below, using a Tavern License or a Hotel and Restaurant License, which is to be secured by the Concessionaire, in the Concessionaire's name. The Facility: The Fort Collins Museum of Discovery, located at 408 North Mason Street, is a newly designed and built museum featuring innovative exhibits highlighting culture and science through hands-on exhibits and artifact based experiences. This facility is 47,000 sq. ft. and will be a LEED Platinum building with a total project cost of $26 million. An annual visitation is estimated at 100,000. In addition to exhibits there is a research center, gift shop, cafe, digital dome, classrooms, rooftop deck and outdoor experiences. The Mission of the Museum is: The Museum creates meaningful opportunities for people of all ages to learn, reflect, and have fun through hands-on and collections -based explorations in science and culture. The overarching theme of the Museum is sustainability; sustainability of self, environment and community. The cafe should reflect these values in its service to the visitors. The cafe has a separate entrance and is part of the free zone in the Museum. B. Scope of Services The Concessionaire will be responsible for providing staff, prepared packaged food, and alcoholic and non-alcoholic beverages. The Concessionaire is required to obtain and hold the liquor license for the facility. The cafe is approximately 400 sq. ft. with an additional 400 sq. ft. of indoor and outdoor seating. Additional area in the Museum that might be available for event use requiring beverage services include: the classrooms and patio, outdoor spaces, lobby, and the rooftop observation deck. The Concessionaire will be responsible for providing all food for the cafe, however may not be required to provide catering for Museum outside of the cafe. The Museum retains the right to serve, independent of the Concessionaire, non-alcoholic beverage's (i.e. punch, coffee, cider & soft drinks) at some Museum functions. The Concessionaire understands that the Fort Collins Museum of Discovery is a museum artifact based institution that has delicate exhibits in the institution and will manage its operations in a manner that will not compromise the integrity of the artifact collection or exhibits. The Museum will be a model for sustainable practices including providing healthy food options for snacks and sandwiches. Local seasonal and or organic food is preferred. The marketing of healthful food choices is desired. The Concessionaire will be required to use recyclable and or/ compostable cups, plates, napkins, and flatware. The Museum is looking for a cafe that follows the principles below: The menu places an emphasis on fresh, tasty, healthy foods for all customers, including kids. RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 3 of 21 • Most menu items are made from whole, unprocessed foods. • Foods are served in reasonable portion sizes. • Local foods are used when available. • Healthy foods are easily identified through a "healthy label" system. • Marketing and pricing of products is aimed at encouraging customers to make healthy choices. Healthy items must be sold at a price equivalent to or lower than similar items that do not meet the nutrition criteria. • Healthy items should be placed so that they are visible at eye -level and easy to choose. Unhealthy items should not be placed at the cash register. • Upon request, the cafe vendor will work with both City and Museum staff on educational programs related to food, cooking, healthy eating, etc. At least 50% of all foods and beverages offered should comply with the recommendations of the Dietary Guidelines for Americans established by the USDA and HHS in 2010. Facility requirements include: Sale of Alcoholic Beverages The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the Fort Collins Museum of Discovery to patrons or participants in such events unless approved in writing by the Executive Directors of the Museum. No alcohol shall be dispensed or consumed in the digital dome theater or exhibition galleries without permission of the Executive Directors of the Museum. Alcohol shall be served only in connection with programs presented primarily for adult audiences. No alcohol shall be available for programs presented primarily for minor audiences. Donations of liquor for fund raising events are permitted only with written permission by the Executive Directors of the Museum. The Museum will allow local, non-profit presenters to provide donated liquor in the lobby in conjunction with their functions. The Museum will not allow any group renting the facility to use donated liquor for eventslor receptions. Concessionaire agrees to coordinate with the customers for all necessary legal obligations associated with the events. 2. Equipment and storage The Concessionaire shall be responsible for providing all supplies, inventory and miscellaneous equipment required to operate the concession. The Museum will provide equipment per the attached list, Exhibit E. 3. Dress Code Business casual dress code is required for all Staff working in the cafe. Name tags are required at all times. As approved by the Executive Directors of the Museum. 4. Prices Prices charged for food and beverages provided by the Concessionaire must be approved by the Executive Directors of the Museum. 5. Reporting and Payment The Concessionaire will maintain daily sales records, itemized by the type of food and beverage and payment, in electronic format. The Concessionaire will give the Museum a RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 4 of 21 written report every two (2) weeks. The Concessionaire will pay the Museum monthly the commission as agreed to in the contract, by the fifth day of each month. The Concessionaire will give the Executive Directors of the Museum an annual sales report, by January 31st of each year of the agreement, detailing sales by the cafe and private events. Failure to pay charges or provide monthly reports may result in termination of the Concession Agreement. 6. Private Events The Museum Event Coordinator will coordinate the service requests for private events at the Museum between the customers and the Concessionaire. The Concessionaire will prepare the contracts based on the information from the Event Coordinator. The Concessionaire is required to submit to the Museum an itemized invoice no later than one (1) business day after each private event. The Museum will receive deposits and invoice payments from the customers. The Museum will prepare a monthly report and pay the Concessionaire on the first and fifteenth of each month. 7. Utilities, Maintenance and Janitorial Duties 7.1 Utilities. The Museum shall pay all charges for water, storm water, sewer, gas, trash collection, recycling, basic facility security system, natural gas and electric services to the Concession Space. 7.2 Maintenance and Repair. The Museum of shall maintain and repair the Concession Space and Museum owned equipment and fixtures. Concessionaire shall submit all requests for repairs or maintenance to the Museum Representative. 7.3 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space/Area and its fixtures clean and in good sanitary condition as required by the ordinances, resolutions, statutes and health, sanitary and police regulations of the City of Fort Collins, County of Larimer and State of Colorado. 7.4 Trash. The Concessionaire is responsible for the ongoing cleanliness of the Concession Space/Area in order to provide a clean and orderly appearance for patrons including but not limited to, removal of all food and drink containers including plates, napkins, eating utensils, bottles and cups, and proper disposal into recycling, composting and in some cases trash bins in the designated garbage collection area, and removing trash accumulations in designated trash containers. Trash will not be allowed to travel through the Museum to designated trash containers. RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 5 of 21 8. Equipment and Supplies The Concessionaire shall be responsible for providing all supplies, inventory and miscellaneous equipment required to operate the concession. The Concessionaire shall also provide and pay for all telephones, cash registers, POS System, credit card machines, and expanded security systems. In addition to the Concession Space, the Museum shall provide the following: 8.1 Equipment as listed on Exhibit E, attached hereto and made a part hereof; 8.2 Lighting fixtures for general area illumination; 8.3 Tables and seating for the area; and 8.4 Heat and air conditioning 9. Advertising Any advertising by the concessionaire at the Museum Facility at any time requires the written permission of the Executive Directors of the Museum. 10. Service Start Date (Approx.) November 10. 2012 11. Hours The Concession area(s) and portable bar units must be full staffed and operational during opening hours of the Facility and all scheduled events as required by the Museum Executive Directors and/or the Event Coordinator. 12. Estimated Annual Visitation The estimated annual visitation is between 70,000 and100,000 visitors. 13. Estimated Revenue Being a new facility, the estimated combined annual gross revenue for the concession operations is unknown. C. Liquor License (Tavern License or Hotel and Restaurant License) It will be the responsibility of the Concessionaire to secure and complete all documents that are required for the Liquor License applications and it will be the responsibility of the Concessionaire to archive approval of the license through the Liquor Licensing Authority of the City. The Liquor License must be secured and in effect before the service start date. The licensed premises shall include the entire Museum including the parking lot, all grounds and roof top deck. Selected Concessionaire MUST have submitted complete application for Liquor License to the City Clerk's office within one (1) week after execution date of the agreement. All costs of securing and maintaining a Liquor License will be borne by the Concessionaire. Typical costs include the following: investigation fee, City annual license fee, State annual license fee, extended hours permit fee (City and State) and City Occupational License Tax. RFP 7412 Cafe Concession - Event Beverage Services - FCMD Page 6 of 21 Liquor licensing questions should be directed to: ➢ Aimee Jensen, Deputy City Clerk, (970) 221-6315. D. Concession Fee The Concessionaire shall pay annually, as rental to the Museum, either _of gross revenues from the concession operation OR a fixed dollar annual amount. Gross revenues are defined as total concession sales excluding sales tax. E. Proposal Requirements Firms submitting proposals shall submit four (4) copies of the proposal with the following information: 1. Experience in concession operations. (Per Exhibit A) 2. Financial information. (Per Exhibit A) 3. Product information. (Per Exhibit A) 4. Sample menu. (Per Exhibit A) 5. Other information requested. (Per Exhibit A) 6. References. (Per Exhibit A) 7. Concession fee information. (Per Exhibit B) The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title and contact information for the individual signing the proposal. Neither the Museum nor City shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. F. Proposal Acceptance All proposals shall remain subject to initial acceptance ninety (90) days after the day of submittal. G. Miscellaneous The Museum expects to enter into a Concession Agreement ("Agreement") with the chosen vendor that shall incorporate this RFP and their proposal. The anticipated terms and conditions of the Agreement are set forth in the attached document (Exhibit C). However, the Museum may include additional terms and conditions in the Services Agreement as deemed necessary. A copy of the Concessionaire's Sales/Use Tax License must be submitted with the signed agreement. Concessionaire must comply with all applicable laws, rules and regulations governing their activities and obtain all applicable licenses or permits. Intent of both the City and Museum is to award cafe concession and event beverage services to one vendor. RFP 7412 Cafe Concession — Event Beverage Services — FCMD Page 7 of 21 H. Review and Assessment Firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. Both the Museum and City reserves the right to select a vendor for this project on the basis of written proposals submitted only. 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 factors for the criteria are listed adjacent to the qualification. Weighting Factor Qualification Standard Does the proposal show an understanding of the required services? Does the proposal 3.0 Scope of Proposal show an understanding of the special requirements of a concession operation in listed Museum Facilities? Are the products of suitable quality? Is the vendor qualified to perform the 2.0 Qualifications services? Does the vendor have similar concession experience? 1.0 Motivation Is the vendor interested in providing this service? 2.0 Concession Fee Amount paid to the Museum? 2.0 Firm Capability Does the vendor have an experienced staff? Is the vendor financially stable? RFP 7412 Cafe Concession - Event Beverage Services - FCMD Page 8 of 21 I. Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. Qualification Standard Overall Performance Would you hire this firm again? Timetable Did the vendor meet promised schedules? Has the company been responsive to client needs? Has the Completeness company anticipated problems? Were problems solved quickly and effectively? Cost Has original pricing been increased substantially? Job Knowledge Do firm and personnel have the necessary knowledge and skills? RFP 7412 Cafe Concession - Event Beverage Services - FCMD Page 9 of 21