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HomeMy WebLinkAboutRFP - P1094 CONCESSION EVENT BEVERAGE SERVICES NORTHSIDE AZTLAN COMMUNITY CENTERREQUEST FOR PROPOSAL P1094 CONCESSION – EVENT BEVERAGE SERVICES NORTHSIDE AZTLAN COMMUNITY CENTER The City of Fort Collins is requesting proposals from qualified and competent individuals or companies to operate an alcoholic and non-alcoholic event beverage concession at the Northside Aztlan Community Center (NACC), 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, three (3) 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 November 9, 2007, 3:00 pm (our clock). Proposal No. P1094 Concession-Event Beverage Services Northside Aztlan Community Center. Questions concerning the scope of the project should be directed to the Project Manager, Steve Budner, 970-221-6861, Email: sbudner@fcgov.com Questions regarding proposals submittal or process should be directed to David Carey, CPPB, Buyer, 970-416-2191. Email address: dcarey@fcgov.com 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. 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales prohibited/conflict of interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies, or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, 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 II, CPPO, FNIGP Director of Purchasing & Risk Management 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 PROPOSAL NO. P1094 CONCESSION – EVENT BEVERAGE SERVICES NORTHSIDE AZTLAN COMMUNITY CENTER A. Background The City of Fort Collins (City) is soliciting proposals from qualified and competent individuals or companies to operate an alcoholic and non-alcoholic event beverage concession at the Northside Aztlan Community Center (NACC), located at 112 East Willow, using a Tavern License or a Hotel and Restaurant License, which is to be secured by the Concessionaire, in the Concessionaire's name The NACC is a multi-purpose facility designed to accommodate a variety of programs for the community. Such programs include weddings, receptions, conferences, meetings, exhibits, socials, dances, and similar events. B. Scope of Services The Concessionaire will be responsible for providing alcoholic and non-alcoholic beverages, mixes, a rolling bar meeting applicable Health Department regulations, and any other supplies and equipment necessary for the concession operation for all contracted functions. The City will have the option to serve non-alcoholic beverage’s (i.e. punch, cider & soft drinks) at some City functions. The Concessionaire will be required to work in cooperation with catering services and vending machine services concessionaire. 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 achieve approval of the license through the Liquor Licensing Authority of the City. The Liquor License must be secured and in effect by January 1, 2008. The licensed premises shall include the entire NACC including the parking lot, patio, adjacent terrace, lounge, and courtyard located on the northwest side of the building. Selected Concessionaire MUST have submitted complete application for Liquor License to the City Clerk's office on or before November 16, 2007. 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. 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 City, either a percentage of the gross revenues from the concession operation and/or a fixed dollar amount. Gross revenues are defined as total concession sales excluding sales tax. E. Proposal Requirements Firms submitting proposals shall submit three (3) 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. Other information requested. (Per Exhibit A) 5. References. (Per Exhibit A) 6. 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 of the individual signing the proposal. The City of Fort Collins 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 90 days after the day of submittal. G. Miscellaneous The City 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 City 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. 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. The City of Fort Collins 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 3.0 Scope of Proposal Does the proposal show an understanding of the required services? Does the proposal show an understanding of the special requirements of a concession operation in the NACC? Are the products of suitable quality? 2.0 Qualifications Is the vendor qualified to perform the 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 City? 2.0 Firm Capability Does the vendor have an experienced staff? Is the vendor financially stable? 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 Completeness Has the company been responsive to client needs? Has the 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? Exhibit A P1094 CONCESSION – EVENT BEVERAGE SERVICES NORTHSIDE AZTLAN COMMUNITY CENTER QUALIFICATION STATEMENT FORM 1. Experience On a separate sheet, provide concession operating experience for yourself and your staff. 2. Financial On a separate sheet, please provide information on your financial ability to operate this concession. 3. Products On a separate sheet, 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 such interest on a separate sheet. 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, 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”, on a separate sheet, explain your intended management arrangement. 5. References List references for entities which you have provided similar services within the last two years. Exhibit B P1094 CONCESSION – EVENT BEVERAGE SERVICES NORTHSIDE AZTLAN COMMUNITY CENTER PROPOSAL FORM The proposer, _______________________, (an individual) (a partnership)(a corporation) hereby enters its proposal for P1094 Concession-Event Beverage Services for the Northside Aztlan Community Center (NACC) per the Request for Proposal. Concession Fee Proposal: The Concessionaire shall pay, annually, as rental to the City, ______________ percent (___ %) of the gross sales from the concession operation and/or a fixed amount of $____________yr. Gross sales are defined as total concession sales excluding sales tax. Signature: Title: Company Name: Date: Street: City: State/Zip: Phone #: Fax #: Email: Exhibit C 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 City of Fort Collins Northside Aztlan Community Center (NACC), located at 112 East Willow, Fort Collins, Colorado. 2. Term The initial term of this Agreement shall begin on January 1, 2008, and end December 31, 2008 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 NACC, using a Liquor License (Tavern License or a Hotel and Restaurant License) secured by the Concessionaire and in the Concessionaire's name. Individuals or organizations hosting events at the NACC and desiring to use the Concessionaire’s services shall be responsible for entering into an agreement with the Concessionaire for such services. Hosts shall be responsible for all event coordination with the Concessionaire. Hosts shall pay the Concessionaire according to the agreement between the two parties. 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 NACC, this Agreement shall become null and void and both parties shall be released from further obligations under this Agreement. 6. Pricing All prices charged for beverages provided by the Concessionaire shall be approved by the City’s Representative. The Concessionaire shall provide sufficient numbers of price lists to fulfill customer requests for such lists. 7. Equipment and Storage The Concessionaire shall be responsible for providing all supplies, linens, inventory and equipment, including cold storage required to operate the concession. In addition, glassware rental must be available from Concessionaire upon request of NACC users. 8. Dress Code All Concessionaire staff shall be required to be in a uniform approved by the City’s Representative. 9. Maintenance The Concessionaire shall be required to provide all cleanup and maintenance connected with the sale or dispensing of alcoholic and non-alcoholic beverages at the NACC. However, the City shall pay all utility and trash removal costs in connection with the concession. 10. Sale of Alcoholic Beverages The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the NACC. No alcohol shall be dispensed or consumed in other areas not described herein. 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. No advertising of alcoholic beverages will be displayed at the NACC at any time. At all scheduled conventions, meetings and conferences, the Concessionaire shall be limited to serving alcoholic beverages during the times specifically designated by the sponsor of the event. Donations of liquor by the Concessionaire to the City for fund raising events are permitted. 11. 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 City’s Representative, , or other person designated in writing by the Purchasing Director. 12. Independent Contractor/Indemnification The Concessionaire is an independent contractor and not an employee of the City of Fort Collins. 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. 13. Insurance The Concessionaire shall carry adequate liability insurance to cover its operation of the concession in at least the following limits: $500,000 combined single limit - General liability $300,000 liquor liability The Concessionaire shall cause the City to be named as an additional insured on any such liability insurance policy, shall obtain and deliver to the City a certificate of such insurance and shall obtain an endorsement stating that such insurance shall not be cancelable except on notice to the City. 14. 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 the City. 15. 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. 16. Rental The Concessionaire shall pay annually, as rental to the City,____ 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 City, with payment due forty-five (45) days after the close of the 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. 17. 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. 18. 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: 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. 19. 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. 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 By: ________________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management CONCESSIONAIRE: By: _______________________________ __________________________________ Print Name __________________________________ Title Date: _____________________________ EXHIBIT G 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 ---current Colorado driver’s license, minor driver’s license, probationary driver’s license, commercial driver’s license, restricted driver’s license, instruction permit ---current Colorado identification card ---U.S. military card or dependent identification card ---U.S. coast guard merchant mariner card ---Native American tribal document The following forms of identification may be accepted through February 28, 2007* ---original birth certificate from any state of the United States ---certificate verifying naturalized status by U.S. with photo and raised seal ---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport ---order of adoption by a U.S. court with seal of certification ---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 ---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current I-551 stamp or visa, current foreign passport with I-94, I-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. REQUEST FOR PROPOSAL P1094 CONCESSION – EVENT BEVERAGE SERVICES NORTHSIDE AZTLAN COMMUNITY CENTER The City of Fort Collins is requesting proposals from qualified and competent individuals or companies to operate an alcoholic and non-alcoholic event beverage concession at the Northside Aztlan Community Center (NACC), 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, three (3) 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 November 9, 2007, 3:00 pm (our clock). Proposal No. P1094 Concession-Event Beverage Services Northside Aztlan Community Center. Questions concerning the scope of the project should be directed to the Project Manager, Steve Budner, 970-221-6861, Email: sbudner@fcgov.com Questions regarding proposals submittal or process should be directed to David Carey, CPPB, Buyer, 970-416-2191. Email address: dcarey@fcgov.com 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. 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales prohibited/conflict of interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies, or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, 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 II, CPPO, FNIGP Director of Purchasing & Risk Management 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 PROPOSAL NO. P1094 CONCESSION – EVENT BEVERAGE SERVICES NORTHSIDE AZTLAN COMMUNITY CENTER A. Background The City of Fort Collins (City) is soliciting proposals from qualified and competent individuals or companies to operate an alcoholic and non-alcoholic event beverage concession at the Northside Aztlan Community Center (NACC), located at 112 East Willow, using a Tavern License or a Hotel and Restaurant License, which is to be secured by the Concessionaire, in the Concessionaire's name The NACC is a multi-purpose facility designed to accommodate a variety of programs for the community. Such programs include weddings, receptions, conferences, meetings, exhibits, socials, dances, and similar events. B. Scope of Services The Concessionaire will be responsible for providing alcoholic and non-alcoholic beverages, mixes, a rolling bar meeting applicable Health Department regulations, and any other supplies and equipment necessary for the concession operation for all contracted functions. The City will have the option to serve non-alcoholic beverage’s (i.e. punch, cider & soft drinks) at some City functions. The Concessionaire will be required to work in cooperation with catering services and vending machine services concessionaire. 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 achieve approval of the license through the Liquor Licensing Authority of the City. The Liquor License must be secured and in effect by January 1, 2008. The licensed premises shall include the entire NACC including the parking lot, patio, adjacent terrace, lounge, and courtyard located on the northwest side of the building. Selected Concessionaire MUST have submitted complete application for Liquor License to the City Clerk's office on or before November 16, 2007. 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. 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 City, either a percentage of the gross revenues from the concession operation and/or a fixed dollar amount. Gross revenues are defined as total concession sales excluding sales tax. E. Proposal Requirements Firms submitting proposals shall submit three (3) 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. Other information requested. (Per Exhibit A) 5. References. (Per Exhibit A) 6. 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 of the individual signing the proposal. The City of Fort Collins 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 90 days after the day of submittal. G. Miscellaneous The City 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 City 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. 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. The City of Fort Collins 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 3.0 Scope of Proposal Does the proposal show an understanding of the required services? Does the proposal show an understanding of the special requirements of a concession operation in the NACC? Are the products of suitable quality? 2.0 Qualifications Is the vendor qualified to perform the 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 City? 2.0 Firm Capability Does the vendor have an experienced staff? Is the vendor financially stable? 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 Completeness Has the company been responsive to client needs? Has the 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? Exhibit A P1094 CONCESSION – EVENT BEVERAGE SERVICES NORTHSIDE AZTLAN COMMUNITY CENTER QUALIFICATION STATEMENT FORM 1. Experience On a separate sheet, provide concession operating experience for yourself and your staff. 2. Financial On a separate sheet, please provide information on your financial ability to operate this concession. 3. Products On a separate sheet, 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 such interest on a separate sheet. 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, 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”, on a separate sheet, explain your intended management arrangement. 5. References List references for entities which you have provided similar services within the last two years. Exhibit B P1094 CONCESSION – EVENT BEVERAGE SERVICES NORTHSIDE AZTLAN COMMUNITY CENTER PROPOSAL FORM The proposer, _______________________, (an individual) (a partnership)(a corporation) hereby enters its proposal for P1094 Concession-Event Beverage Services for the Northside Aztlan Community Center (NACC) per the Request for Proposal. Concession Fee Proposal: The Concessionaire shall pay, annually, as rental to the City, ______________ percent (___ %) of the gross sales from the concession operation and/or a fixed amount of $____________yr. Gross sales are defined as total concession sales excluding sales tax. Signature: Title: Company Name: Date: Street: City: State/Zip: Phone #: Fax #: Email: Exhibit C 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 City of Fort Collins Northside Aztlan Community Center (NACC), located at 112 East Willow, Fort Collins, Colorado. 2. Term The initial term of this Agreement shall begin on January 1, 2008, and end December 31, 2008 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 NACC, using a Liquor License (Tavern License or a Hotel and Restaurant License) secured by the Concessionaire and in the Concessionaire's name. Individuals or organizations hosting events at the NACC and desiring to use the Concessionaire’s services shall be responsible for entering into an agreement with the Concessionaire for such services. Hosts shall be responsible for all event coordination with the Concessionaire. Hosts shall pay the Concessionaire according to the agreement between the two parties. 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 NACC, this Agreement shall become null and void and both parties shall be released from further obligations under this Agreement. 6. Pricing All prices charged for beverages provided by the Concessionaire shall be approved by the City’s Representative. The Concessionaire shall provide sufficient numbers of price lists to fulfill customer requests for such lists. 7. Equipment and Storage The Concessionaire shall be responsible for providing all supplies, linens, inventory and equipment, including cold storage required to operate the concession. In addition, glassware rental must be available from Concessionaire upon request of NACC users. 8. Dress Code All Concessionaire staff shall be required to be in a uniform approved by the City’s Representative. 9. Maintenance The Concessionaire shall be required to provide all cleanup and maintenance connected with the sale or dispensing of alcoholic and non-alcoholic beverages at the NACC. However, the City shall pay all utility and trash removal costs in connection with the concession. 10. Sale of Alcoholic Beverages The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the NACC. No alcohol shall be dispensed or consumed in other areas not described herein. 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. No advertising of alcoholic beverages will be displayed at the NACC at any time. At all scheduled conventions, meetings and conferences, the Concessionaire shall be limited to serving alcoholic beverages during the times specifically designated by the sponsor of the event. Donations of liquor by the Concessionaire to the City for fund raising events are permitted. 11. 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 City’s Representative, , or other person designated in writing by the Purchasing Director. 12. Independent Contractor/Indemnification The Concessionaire is an independent contractor and not an employee of the City of Fort Collins. 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. 13. Insurance The Concessionaire shall carry adequate liability insurance to cover its operation of the concession in at least the following limits: $500,000 combined single limit - General liability $300,000 liquor liability The Concessionaire shall cause the City to be named as an additional insured on any such liability insurance policy, shall obtain and deliver to the City a certificate of such insurance and shall obtain an endorsement stating that such insurance shall not be cancelable except on notice to the City. 14. 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 the City. 15. 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. 16. Rental The Concessionaire shall pay annually, as rental to the City,____ 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 City, with payment due forty-five (45) days after the close of the 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. 17. 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. 18. 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: 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. 19. 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. 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 By: ________________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management CONCESSIONAIRE: By: _______________________________ __________________________________ Print Name __________________________________ Title Date: _____________________________ EXHIBIT G 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 ---current Colorado driver’s license, minor driver’s license, probationary driver’s license, commercial driver’s license, restricted driver’s license, instruction permit ---current Colorado identification card ---U.S. military card or dependent identification card ---U.S. coast guard merchant mariner card ---Native American tribal document The following forms of identification may be accepted through February 28, 2007* ---original birth certificate from any state of the United States ---certificate verifying naturalized status by U.S. with photo and raised seal ---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport ---order of adoption by a U.S. court with seal of certification ---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 ---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current I-551 stamp or visa, current foreign passport with I-94, I-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. ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: P1094 Concession-Event Beverage Services Northside Aztlan Community Center OPENING DATE: December 4, 2007 3:00 P.M. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CHANGE: The submittal due date for RFP #P1094 for the City of Fort Collins Concession-Event Beverage Services Northside Aztlan Community Center has been changed. Please contact David M. Carey, CPPB, C. P. M., Buyer at (970) 416-2191 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Administrative 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 ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: P1094 Concession-Event Beverage Services Northside Aztlan Community Center OPENING DATE: January 14, 2008 3:00 P.M. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CHANGES • The submittal due date for RFP P1094 for the City of Fort Collins Concession-Event Beverage Services Northside Aztlan Community Center has been changed. • Concessionaire must have a Liquor License secured and in effect by February 1, 2008. The licensed premises shall include the entire NACC including the parking lot, patio, adjacent terrace, lounge, and courtyard located on the northwest side of the building. Please contact David M. Carey, CPPB, C. P. M., Buyer at (970) 416-2191 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Administrative 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 REQUEST FOR PROPOSAL P1094 CONCESSION – EVENT BEVERAGE SERVICES NORTHSIDE AZTLAN COMMUNITY CENTER The City of Fort Collins is requesting proposals from qualified and competent individuals or companies to operate an alcoholic and non-alcoholic event beverage concession at the Northside Aztlan Community Center (NACC), 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, three (3) 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 November 9, 2007, 3:00 pm (our clock). Proposal No. P1094 Concession-Event Beverage Services Northside Aztlan Community Center. Questions concerning the scope of the project should be directed to the Project Manager, Steve Budner, 970-221-6861, Email: sbudner@fcgov.com Questions regarding proposals submittal or process should be directed to David Carey, CPPB, Buyer, 970-416-2191. Email address: dcarey@fcgov.com 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. 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales prohibited/conflict of interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies, or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, 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 II, CPPO, FNIGP Director of Purchasing & Risk Management 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