HomeMy WebLinkAboutRFP - 8874 SNACK BAR CONCESSIONAIRE - CITY PARK POOLRFP 8874 Snack Bar Concessionaire – City Park Pool Page 1 of 37
REQUEST FOR PROPOSAL
8874 SNACK BAR CONCESSIONAIRE – CITY PARK POOL
The City of Fort Collins is requesting proposals from qualified Vendors to manage and operate
the City Park Pool snack bar concession located at 1599 West City Park Drive, Fort Collins, CO
80521.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy
proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be
received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort
Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on
March 22, 2019 and referenced as Proposal No. 8874. 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. Please note, additional time is required for bids mailed to the PO
Box to be received at the Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
All questions should be submitted, in writing via email, to Beth Diven, Buyer at
bdiven@fcgov.com, with a copy to Project Manager, Stephanie Munro, at
smunro@fcgov.com, no later than 5:00 PM MST (our clock) on March 13, 2019. Please
format your e-mail to include: RFP 8874 Snack Bar Concessionaire – City Park Pool in the subject
line. Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by Bidnet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
918-52 Food Service Consulting
961-115 Concessions, Catering, Vending: Mobile and Stationary
962-19 Cafeteria and Restaurant Services
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject
to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version
of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. Such statement does not necessarily exempt such documentation from
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 8874 Snack Bar Concessionaire – City Park Pool Page 2 of 37
public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other
applicable law. Generally, under CORA trade secrets, confidential commercial and financial
data information is not required to be disclosed by the City. Proposals may not be marked
“Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from
this request for proposal will be public information.
New Vendors: The City requires new Vendors receiving awards from the City to fill out and
submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the
W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please
do not submit with your proposal.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Vendor shall be expected to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
RFP 8874 Snack Bar Concessionaire – City Park Pool Page 3 of 37
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Vendors to manage and
operate the City Park Pool snack bar concession located at 1599 West City Park Drive,
Fort Collins, CO 80521.
B. Background
The City of Fort Collins (City) is the owner and operator of the City Park Pool (CPP) located
at 1599 West City Park Drive, Fort Collins, CO 80521. The premises are defined as the
concession area at City Park Pool.
In connection with the operation of this facility, the City has established a snack bar area.
The Recreation Department manages the facility for the City, and desires to grant to a
food and beverage Concessionaire the use of the concession area for the purpose of
offering quality food and non-alcoholic beverage services primarily to the swimmers using
the CPP for the 2019 season.
The selected Concessionaire will provide all employees necessary to facilitate the full and
efficient use and management of the concession operations as described; and the
Concessionaire owns and sells the food and beverages, as well as related merchandise
and services. The City Park Pool concession area is a seasonal operation that
commences seasonally through the summer months approximately Memorial Day
weekend and concludes Labor Day weekend. Seasonal operations may vary from
summer seasons.
City Park Pool (CPP), the only outdoor public pool in Fort Collins, is also the only water
park facility in the City. The pool boasts a 77-foot speed slide and a 228-foot leisure slide
(both structures added in 2006), as well as a lazy river, separate wading pool, zero-depth
entry, water play structures and geysers and sprays.
II. SCOPE OF PROPOSAL
A. Scope of Work
Historically, the CPP concessions menu included items that you would find at a typical
concession stand at a sporting event. The menu includes but is not limited to: popcorn,
hot dogs, corn dogs, pizza, pretzels, nachos, burgers, chicken sandwiches and chicken
fingers, ice cream products, bagels, soups, power and/or granola bars. The City would
like to expand on healthier options, including products like yogurt, fruit cups and
vegetables. Beverages can include coffee, iced tea, juices, soft drinks, energy and/or
power drinks, bottled water, and vitamin water. However, a new philosophy on menu
items, or the concession theme, can be submitted and will be considered.
The City recommends the Concessionaire incorporate the Dietary Guidelines for
Americans, as outlined on www.health.gov/dietaryguidelines. The Dietary Guidelines
encourage Americans to focus on eating a healthy diet — one that focuses on foods and
beverages that help achieve and maintain a healthy weight, promote health, and prevent
disease.
The City encourages the use of disposable cups, plates, napkins and eating utensils that
are either compostable or recyclable.
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The Concessionaire must also assume and perform all janitorial/busing duties and
functions in, and around, the concession area. This would include breaking down and
recycling all cardboard boxes in the recycle bins and taking trash to the dumpsters located
on the west side of City Park Pool.
B. Operating Hours
The concession area must be opened for business the following hours, but may vary at
the City’s sole discretion due to special events:
City Park Pool Concessions
Monday, Wednesday and Friday’s 10:30am – 5:30pm
Tuesday and Thursday’s 10:30am – 7:30pm
Saturday and Sunday 10:30am – 5:30pm
The Concessionaire shall not be required to operate the concession area when the City
Park facility is closed due to bad weather or other reasons. Any other hours of operation
will be mutually agreed upon between the Concessionaire and the Recreation Manager.
C. Additional Requirements
1. The Concessionaire shall control the conduct and demeanor of its agents and
employees. Upon objection from the City concerning conduct or demeanor of any
such person, the Concessionaire shall immediately take all lawful steps to address
or remove the cause of the objection. Also, if the City so requests, the
Concessionaire agrees to supply and require its employees to wear suitable attire
and to wear or carry badges or other suitable means of identification; the form for
which shall be subject to prior, and continuing, approval of the City.
2. The Concessionaire acknowledges and agrees that certain services provided by the
Concessionaire will require that employees and agents of the Concessionaire act in
positions of trust which will entail the handling of and accounting for funds of the City
and City property, or direct contact with youth and other members of the general
public. Accordingly, Concessionaire agrees to conduct, prior to acceptance of
employment, background screening of all employees, player assistants, and other
representatives or agents of the Concessionaire at the Concessionaire’s expense.
3. Concessionaire shall provide to the City a list of all employees working at the CPP.
This list shall be updated monthly during the operating season and delivered in
conjunction with the Concession Fee described in paragraph D of this Section. This
list shall include the following information: employee name, phone number, date
hired, and the date the background check was completed.
4. The personal conduct of the Concessionaire and its staff has a direct impact on the
quality of performance. Unacceptable personal conduct/behavior by the
Concessionaire, as defined, may result in immediate or early termination of the
Agreement, as also defined.
5. The Concessionaire must maintain an adequate stock of supplies for concession,
for all occasions, to supply patrons’ needs. The primary purpose of the concession
area is to provide a service to the patrons. Creative thinking people who will be there
and be ready and open for business are important to the success of this operation.
RFP 8874 Snack Bar Concessionaire – City Park Pool Page 5 of 37
Also, cooperation with the Recreation Manager is an essential element to the
success of this operation.
6. The Concessionaire shall keep and maintain proper business records concerning
every aspect of the concession operation and employee management, including
expenses and receipts. All records, including Income Tax Records, are to be open
for inspection and audit by the City. Also, the Concessionaire must submit to the City
monthly complete operation records, as well as at the close of each operating
season showing all expenses and gross income.
7. “Gross Sales” includes all revenues received by the Concessionaire for performing
the concession service, except Sales Tax.
8. The City pays for all trash and recycling services and utilities. The Concessionaire
shall pay for all telephones, cash registers, POS Systems, credit card machines and
expanded security systems.
9. The Concessionaire shall submit to the City for review a list of all prices and items
which are to be sold at the concession area. Prices and items may be changed
periodically, but any and all changes must be reviewed and approved by the
Recreation Manager.
10. The Concessionaire shall follow city signage regulations and have all signage
approved by Recreation Manager.
11. Smoking instruments, tobacco and alcohol products and glass containers of any kind
will not be sold. Smoking is not permitted in any areas of the CPP, or within twenty
(20) feet of entrances.
12. The Concessionaire agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands
or liability of any character whatsoever brought or asserted for injuries to or death of
any person or persons, or damages to property arising out of, result from or occurring
in connection with the performance of any service hereunder.
a. The Concessionaire shall take all necessary precautions in performing the
work hereunder to prevent injury to persons and property.
b. Without limiting any of the Concessionaire’s obligations hereunder, the
Concessionaire shall provide and maintain insurance coverage naming the City
as an additional insured under this Agreement of the type and with the limits
specified within Exhibit E, consisting of one (1) page, attached hereto and
incorporated herein by this reference. The Concessionaire, before commencing
services hereunder, shall deliver to the City's Director of Purchasing, P.O. Box
580 Fort Collins, Colorado 80522, one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
13. The operation of the concession area granted under the agreement shall, at all times,
conform with all applicable State and Federal laws and regulations and municipal
ordinances, as well as all rules, regulations, policies and procedures, as adopted by
City of Fort Collins or any of its Boards, Services Areas, Service Units or
Departments.
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D. Concession Fee
The Concessionaire will pay to the City a monthly concession fee of Nine-Hundred
Dollars $900.00 for exclusive use of the concession area for the months of June, July,
and August. Payments must be submitted monthly by the 15th of each month. The City
will consider other proposals which may include profit sharing and/or other creative
financial arrangements to help offset operational costs incurred by the City.
E. Concession Revenue History
Average annual gross revenue from years 2014 – 2018 was approximately $35,000.
Previous revenues are no guarantee for future concession operation performance.
F. Equipment Inventory
As part of the concession site, the City currently owns and is responsible for the
maintenance of certain equipment as described in the Equipment Inventory Lists, Exhibit
D attached hereto. The Concessionaire must provide all other equipment/inventory and
maintenance in order to successfully operate the concession area. Concessionaire will
be responsible for the purchase of any new equipment needed to operate the seasonal
concession area. Existing, City owned equipment may be used until no longer usable,
after which the Concessionaire will be responsible for the purchase of new
equipment. The City of Fort Collins will provide repairs and maintenance on City owned
equipment until the machine is deemed unusable or the life expectancy has passed.
Concessionaire will be responsible for repairs and maintenance of Concessionaire’s
equipment. Any equipment purchased by the Concessionaire during the term of and for
the performance of services under the Agreement, shall remain the property of the
Concessionaire following expiration or termination of the Agreement.
G. Minimum Qualifications
1. The ideal Concessionaire should have previous experience operating a similar
concession operation or demonstrate sufficient skills and experience to satisfy in the
judgment of the City to meet this requirement.
2. The financial condition of the Concessionaire must be of such standing that adequate
staffing, supplies and appropriate operational permits as necessary can be
purchased/obtained in order to open the concession area for full business no later than
May 24, 2019.
The City will require proof of financial ability to operate this concession as a
prerequisite to an interview.
3. The Concessionaire must obtain and pay for all licenses and taxes necessary for the
operation. The Concessionaire shall also provide and pay for liability insurance,
Worker’s Compensation, payroll taxes including Social Security, sales taxes, and/or
any other taxes that might be required by government authorities.
H. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: February 28, 2019
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• Question deadline: 5:00 PM MST on March 13, 2019
• Proposal due date: 3:00 MST (our clock) on March 22, 2019
• Interviews (tentative): Week of April 1, 2019
• Award of Contract (tentative): Mid April 2019
I. Interviews
In addition to submitting a written proposal, the top-rated Vendors may be interviewed by
the RFP assessment team and asked to participate in an oral presentation to provide an
overview of the company, approach to the project and to address questions. The
evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
J. Subcontractors
Vendors will be responsible for identifying any subcontractors in their proposal. Please
note that the City will contract solely with the awarded Vendor; therefore subcontractors
will be the responsibility of the Vendor.
K. Proposal Format
Please limit the total length of your proposal to a maximum of twenty-five (25) double sided
or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents,
dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins
are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11”
x 17”, count as a single page. Please, no embedded documents. Proposals that do not
conform to these requirements may be rejected.
L. Fees, Licenses, Permits
The successful Vendor shall be responsible for obtaining any necessary licenses, fees or
permits without additional expense to the City. All equipment shall be properly licensed
and insured, carry the appropriate permits and be placarded as required by law.
M. Laws and Regulations
The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal
laws and regulations and municipal ordinances.
III. PROPOSAL SUBMITTAL
For this section, Vendors are required to provide detailed written responses to the following
items in the order outlined below. The responses shall be considered technical offers of what
Vendors propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Vendors
include each of the City’s questions with their response immediately following the question.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
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A. Cover Letter
The Cover Letter should highlight the content of the proposal and features of the program
offered, including a general description of the program and any unique aspects or benefits
provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Vendor Information
1. Describe the Vendor’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section V,
Vendor Statement.
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the concession would be managed and who would have primary
responsibility.
3. Provide a proposed menu and pricing including any non-food and drink items
proposed.
4. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
5. Identify what portion of work, if any, may be subcontracted.
D. Firm Capability
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. A list of qualifications for your firm and qualifications and experience of the key staff
members proposed to perform the services described above.
2. A description of previous assignments of this type and scope.
3. Is the Vendor financially capable of providing the requested services & products?
4. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years. The Vendor authorizes City to verify any and
all information contained in the Vendor’s submittal from references contained herein
and hereby releases all those concerned providing information as a reference from
any liability in connection with any information they give.
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E. Assigned Personnel
1. List of Project Personnel: This list should include the identification of the contact
person with primary responsibility for this Agreement, the personnel proposed for this
Agreement, and any supervisory personnel, including partners and/or sub
consultants, and their individual areas of responsibility.
2. Any personnel in the employee of the Concessionaire who will work at the CPP will
be required to undergo a background screening. The Concessionaire will be
responsible for conducting the background screening procedure and for any and all
associated costs. Please acknowledge your acceptance of these terms in your
proposal.
F. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe how your organization strives
to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the
workplace. See Section IV: Review and Assessment for additional information.
If possible, please highlight areas of opportunity in the project where sustainability could
be applied and/or improved.
G. Quality & Suitability of Product & Corresponding Pricing
1. Please describe the food and beverage products that will be offered for sale and the
estimated prices.
2. Include any quality comparisons, statements, pictures, and/or brochures that would
convey your presentation of the products and pricing to be offered.
H. Additional Information
Provide any information that distinguishes Vendor from its competition and any additional
information applicable to this RFP that might be valuable in assessing Vendor’s proposal.
Explain any concerns Vendor may have in maintaining objectivity in recommending the
best solution. All potential conflicts of interest must be disclosed.
Exceptions to the Scope of Services and City Agreement (a sample of which is
attached in Section VI) shall be documented.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Vendors will be evaluated on the following criteria. These criteria will be the basis for
review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Vendors may be conducted.
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.
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WEIGHTING
FACTOR QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives? Are
there any exceptions to the specifications,
Scope of Work, or agreement?
2.0 Firm Capability
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully provide the described
services? Has the firm successfully completed
previous projects of this type and scope?
1.0 Assigned Personnel
Do the persons who will be working on the
project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
2.0
Quality & Suitability
of Product &
Corresponding
Prices
Does the proposal include a description of the
products for sale and estimated prices?
Include quality comparisons, statements,
pictures and/or brochures?
Is the pricing reasonable and appropriate?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
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B. Reference Evaluation Criteria
Prior to award, the Project Manager will check references using the following criteria.
Negative responses from references may impact the award determination.
CRITERIA STANDARD QUESTIONS
Overall Performance
Would you hire this firm/individual again? Did they
show the skills required for this project? Did they
show flexibility and willingness to “go the extra mile”
to ensure that concession customers were given the
appropriate amount and level of service?
Timetable
Did the firm/individual fulfill hours of operation with
sufficient products and staff? Were requests for
information met in a timely manner?
Completeness
Was the Vendor responsive to client needs; did the
Vendor anticipate problems? Were problems solved
quickly and effectively?
Financial Capability
Did this firm/individual consistently demonstrate the
financial ability to perform and make full payments to
the agency on time?
Job Knowledge
Did this firm/individual possess the appropriate
knowledge, skills and abilities, staff and resources to
effectively operate a concession operation? Was the
contract operated smoothly?
Other What problems (if any) did you encounter with this
firm/individual?
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V. VENDOR STATEMENT
Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP. Additionally, Vendor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Vendor’s knowledge and belief.
b. Vendor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Vendor further agrees that the method of award is acceptable.
e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins
within 30 days of notice of award. If contract is not completed and signed within 30 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Vendor acknowledge receipt of addenda.
Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SNACK BAR CONCESSION AGREEMENT- CITY PARK POOL
(For informational purposes, do not fill in or submit with proposal)
This Concession Agreement, hereinafter called the "Agreement," is made and entered into as of
the day of , 20 by and between THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation, hereinafter called "City," and, , hereinafter called "Concessionaire."
ARTICLE 1 CONCESSION SPACE
1.1 Definition of Concession Space. For the purposes of this Agreement, the "Concession
Space" shall mean City Park Pool (CPP), 1599 West City Park Drive, Fort Collins, CO
80521.
1.1.1 The designated concession area located in City Park Pool.
1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession
Space for the purpose of offering food and non-alcoholic beverages, and related services
primarily to swimmers and patrons at CPP.
ARTICLE 2 CONCESSIONAIRE'S USE OF CITY PARK POOL AND THE
CONCESSION SPACE
2.1 In General. Subject to other limitations expressed in this Agreement, the City grants to
Concessionaire the right to exclusive use of the Concession Space and the right to use in
common with others the public areas of the Concession Space facilities in conjunction with
its food and beverage operations (and for no other purpose) in such spaces and manner
as may be prescribed by the City.
2.2 Smoking Prohibited. Pursuant to the Fort Collins City Code, smoking is prohibited in the
Concession Space, and no person shall smoke outside within twenty (20) feet from any
entrance, passageway, operable window or ventilation system of the Concession Space,
including outdoor patios unless such person is passing through the area, without stopping,
en-route to another destination. The Concessionaire shall inform persons violating this
provision of the applicable law and request their compliance.
2.3 Restriction on Items Offered for Sale. Concessionaire may offer such non-food or non-
beverage items as are incidental to its food and beverage service, except for smoking
instruments, tobacco products and gum, pursuant to section 2.2.
2.4 Compliance with Applicable Law. The Concessionaire agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as all
rules and regulations, policies, and procedures adopted by the City or any of its Boards,
RFP 8874 Snack Bar Concessionaire – City Park Pool Page 14 of 37
Service Areas, Service Units, Divisions or Departments having jurisdiction over City Park
Pool.
ARTICLE 3 RIGHTS OF INGRESS AND EGRESS
3.1 In General. The Concessionaire shall have the right of ingress and egress to and from
City Park Pool and the Concession Space for Concessionaire's employees and agents to
the extent reasonably necessary in connection with the conduct of Concessionaire's
business under this Agreement. Areas designated as restricted areas by the City shall be
excluded.
3.2 Closures. The City may, at any time, temporarily or permanently, close or consent to or
request the closing of any roadway or any other way at, in, or near City Park Pool,
presently or hereafter used as such, so long as a reasonable and safe means of ingress
and egress remains available to Concessionaire.
ARTICLE 4 UNDERTAKINGS OF CONCESSIONAIRE
4.1 Service. Concessionaire agrees as follows:
4.1.1 The Concessionaire shall furnish and pay for all equipment, except as
otherwise provided by the City pursuant to Article 9, all goods, labor,
transportation, supervision and services necessary to provide food and
beverage services in accordance with this Agreement.
4.1.2 Services provided by the Concessionaire shall include the maintenance of an
adequate stock of food and beverage supplies, condiments, eating utensils,
napkins, plates, cups, and any kitchen utensils necessary to serve the demand
for such items at City Park Pool. The City encourages the use of disposable
cups, plates, napkins and eating utensils that are either compostable or
recyclable.
4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide
the public high quality food and beverages and a high level of public service.
Therefore, the Concessionaire agrees to offer for sale from the Concession
Space only good quality food and beverages at fair and competitive pricing,
relative to comparable restaurant facilities in Fort Collins. If, in the opinion of
the City, the pricing is not comparable, or the selection of items offered is
inadequate or not of good quality, or if any of the items are found to be
objectionable for display and/or sale in a public facility, then the pricing shall
change or the items shall be removed or replaced as required by the City. The
City Representative shall meet and confer with Concessionaire regarding such
matters. However, Concessionaire acknowledges that the City's determination
as to the same shall be conclusive. Failure of Concessionaire to correct, rectify
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or modify its prices or quality within five (5) days of being advised in writing to
do so shall be cause for default.
4.1.4 Concessionaire shall submit to the City for review a list of all items to be sold
in the concession area, and proposed prices for all such items. The
Concessionaire shall submit to the City in writing all subsequent item and price
changes.
4.2 Hours of Operation. Subject to the exception for inclement weather, expressed in 4.2.1
below, the Concessionaire will be required to provide daily food and beverage services in
the Concession Space at City Park Pool.
4.2.1 The parties agree that the hours of operation will conform to the hours listed
under Specifications, item number two (2). However, the Concessionaire shall
not be required to operate the concession when City Park Pool is closed due
to bad weather or other reason as approved by the City.
4.3 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor of its
agents and employees. If the City so requests, the Concessionaire agrees to supply and
require its employees to wear suitable attire and to wear or carry badges or other suitable
means of identification, the form of which shall be subject to prior and continuing approval
of the City.
4.3.1 The Concessionaire agrees to provide to the City at all times a current list of
employees, volunteers, and other representatives or agents of Concessionaire
that will be working on behalf of the Concessionaire in providing services to the
City under this Agreement. The Concessionaire shall keep a written record of
all hours worked by volunteers and provide this information to the City on a
monthly basis or upon request. The Concessionaire and the City acknowledge
and agree that certain services provided by Concessionaire will require that
employees, volunteers, and other representatives or agents of the
Concessionaire act in positions of trust which will entail the handling of and
accounting for funds of the City and City property, or direct contact with youth
and members of the general public. Accordingly, Concessionaire agrees to
facilitate, prior to acceptance of employment, background screening of all
employees, volunteers, and other representatives or agents of the
Concessionaire at Concessionaire’s expense.
4.3.2 In the event that a background check, or any other information available to the
Concessionaire or the City, raises questions about the trustworthiness, fitness
for provision of services under this Agreement, competency or suitability of any
individual for a position of trust of any kind, including handling of funds, City
equipment or property, or working with youths or other members of the general
public, such individual shall not be employed or allowed to volunteer in
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connection with the services or activities required or permitted under this
Agreement.
4.3.3 In the event the City has concerns regarding the trustworthiness, fitness for
provision of services under this Agreement, competence or suitability of any
individual for a position of trust of any kind, or concerning conduct, demeanor
or competence of any employee or volunteer of Concessionaire, the
Concessionaire shall immediately take all lawful steps to remove or otherwise
address to the City's reasonable satisfaction the cause of the objection or to
remove such individual from the performance of any services provided
hereunder.
4.3.4 The following constitute unacceptable personal conduct that the parties
acknowledge and agree shall be subject to reasonable objection by the City.
The parties acknowledge this list is not meant to be exhaustive, and other
conduct not listed in this Section may be determined by the City to reasonably
impair Concessionaire's ability to provide satisfactory services under this
Agreement and may also give rise to a reasonable objection by the City to
which Concessionaire shall be expected to respond as set forth herein. In the
event the Concessionaire, or anyone providing services for the Concessionaire
commits any of the following examples of unacceptable conduct or fails or
refuses to take reasonable action to correct such conduct by any person
providing services for or on behalf of Concessionaire hereunder, the City may
give Concessionaire notice of violation and proceed in the manner as set forth
in Section 17.1.9.
A. Commission or conviction of a felony, or of any crime involving moral
turpitude;
B. Theft or misuse of City money or property;
C. Harassment of, or discrimination against, any individual based on
race, religion, national origin, age, sex, sexual orientation or disability,
including any breach of the terms set forth in Exhibit D, attached
hereto;
D. Falsification, unauthorized use or destruction of City records, reports
or other data or information belonging to the City;
E. Abusive or threatening treatment of any person, including, but not
limited to physical or verbal confrontation;
F. Using, consuming, possessing, having in the body or distributing
alcohol (except in the normal performance of concession services) or
controlled substances during working time;
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G. Destruction, loss or abuse of City property;
H. Unauthorized use of City equipment or property for personal use; or
I. Possessing or maintaining sexually explicit materials on City property;
J. Failure to meet the City’s performance expectations.
4.4 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Concessionaire represents and agrees that:
4.4.1 As of the date of this Agreement:
A. Concessionaire does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
B. Concessionaire will participate in either the e-Verify program created
in Public Law 208, 104th Congress, as amended, and expanded in
Public Law 156, 108th Congress, as amended, administered by the
United States Department of Homeland Security (the “e-Verify
Program”) or the Department Program (the “Department Program”),
an employment verification program established pursuant to Section
8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility
of all newly hired employees to perform work under this Agreement.
4.4.2 Concessionaire 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.
4.4.3 Concessionaire is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre-employment screening of job
applicants while this Agreement is being performed.
4.4.4 If Concessionaire obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal
alien, Concessionaire shall:
A. Notify such subcontractor and the City within three days that
Concessionaire has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
B. 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 Concessionaire shall not terminate the contract with
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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.
4.4.5 Concessionaire 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.
4.4.6 If Concessionaire 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, Concessionaire shall be liable
for actual and consequential damages to the City arising out of
Concessionaire’s violation of Subsection 8-17.5-102, C.R.S.
4.4.7 The City will notify the Office of the Secretary of State if Concessionaire
violates this provision of this Agreement and the City terminates the
Agreement for such breach.
4.5 Statements, Recordkeeping and Audits.
4.5.1 Concessionaire shall keep books and records of the business, including an
accounting of all revenue and expenses of the concession operation, in
accordance with good accounting practice and in such form as is satisfactory
to the City. The Concessionaire hereby grants to the City the right to audit
Concessionaire's books and records for its operation at the CPP and agrees
to make available to the City, or its authorized representative, at any time,
Monday through Friday inclusive, between the hours of 9:00 a.m. and 5:00
p.m., at the offices of the City or the CPP, at the City's election, all records,
books and relevant related information as may be required for audit
purposes.
4.5.2 Concessionaire shall submit annual financial statements for the prior year to
the designated City representative on or before April 15th.
4.6 Physical Interference. Concessionaire shall not do, nor permit to be done, anything which
may interfere with the effectiveness or accessibility of the drainage system, sewerage
system, fire protection system, sprinkler system, alarm system and fire hydrants and
hoses, if any, installed or located at City Park Pool.
4.7 Taxes. Concessionaire agrees to pay all local, state and federal social security,
unemployment insurance, sales, use, personal property, possessory interest, and other
taxes, assessments and payments-in-lieu which, during the term of this Agreement or any
extension hereof, may become a lien of which may be levied or charged by the State,
County, City of Fort Collins or other tax-levying body upon or with respect to the
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Concession Space at City Park Pool, upon any taxable interest acquired by the
Concessionaire in this Agreement, or any taxable possessory right which Concessionaire
may have in or to the Concession Space or facilities or the improvements thereon, by
reason of Concessionaire's occupancy or use thereof, or otherwise, as well as all taxes
on taxable property, real or personal, owned by Concessionaire or taxes on
Concessionaire's operations or activities in or about the Concession Space at City Park
Pool. However, except as otherwise permitted by this Agreement, no charges, fees or
taxes of any nature shall be imposed by the City solely upon Concessionaire for exercising
any right or privilege granted by the City to Concessionaire in this Agreement with respect
to the use of the Concession Space at City Park Pool. Nothing herein shall prevent
Concessionaire from protesting, through due process, any taxes levied.
4.8 Licenses. Concessionaire agrees to obtain and pay for all licenses necessary in
connection with its operation, including but not limited to, a County Health Department
Food Services Establishment inspection, and a City business license and/or occupation
license. Failure to qualify for a required license or failure to obtain any such license within
thirty (30) days of execution of this Agreement shall constitute a default hereunder.
4.7.1 Any such licenses held by the Concessionaire in connection with this
Agreement shall be surrendered by the Concessionaire upon termination of
this Agreement.
4.7.2 Upon Concessionaire's surrender of all licenses and acquisition of new
licenses by such replacement concessionaire as the City may select, the City
shall reimburse Concessionaire for such proportional amount of the cost of the
license as may be attributable to any remaining period which may exist from
the date of Concessionaire's surrender to license expiration.
4.9 Vending Machines This Agreement does not include Concessionaire's use of vending
machines in the supplying of food, beverages or incidental items.
ARTICLE 6 TERM
6.1 Period. The Agreement shall commence upon the date of execution shown on the
signature page of the Agreement and shall continue in full force and effect for one (1) year.
In addition, the Agreement may be extended for an additional one year period, not to
exceed four (4) additional one (1) year periods. However, either party may terminate this
Agreement without cause, by providing written notice to the other party of its intention to
terminate at least ninety (90) days prior to the end of the then existing term.
6.2 Holding Over. In the event that the Concessionaire, or its successor in interest, if any,
shall remain beyond the term set forth herein, although no right to remain is given by this
Article, it is the intention of the parties and it is hereby agreed that a right of use from
month-to-month shall then arise subject to all provisions and conditions of this Agreement
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in connection with such right, except that the City shall have the sole right to determine
reasonable fees for any holdover period.
ARTICLE 7 FEE FOR CONDUCTING BUSINESS
7.1 Concession Fee. For the privilege of conducting the concession operations hereunder,
and the exclusive use of the Concession Space, the Concessionaire shall pay to the City
______ as the Concession Fee.
7.1.1 During the term of the Agreement, Concessionaire shall provide busing and
janitorial services described in Section 8.3, at the Concession Space/Area.
7.2 Time of Payment. The Concessionaire shall pay the Concession Fee monthly no later than
fifteen (15) days after the first day of the next month.
7.3 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due amounts
at the rate of eighteen percent (18%) per annum from the due date, until paid.
7.4 Method of Payment. Payment for all fees under Article 7 shall be by check or money order
payable to the order of City of Fort Collins— City Park Pool Concessions and shall be
mailed or personally delivered to the City Representative at the City of Fort Collins
Recreation Division, 215 N. Mason Street, PO Box 580, Fort Collins, Colorado, 80522.
ARTICLE 8 UTILITIES, MAINTENANCE AND JANITORIAL DUTIES
8.1 Utilities. The City 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.
8.2 Maintenance and Repair. The City shall maintain and repair the Concession Space and
City equipment and fixtures (defined in Article 9). Concessionaire shall submit all requests
for repairs or maintenance to the City Representative. Notwithstanding anything to the
contrary contained herein, the City shall not in any way be liable to the Concessionaire for
failure to make repairs as herein specifically required of it unless the Concessionaire has
previously notified the City in writing of a need for such repairs, and the City has failed to
commence and complete said repairs within a reasonable period of time following receipt
of the Concessionaire's written notification.
8.2.1 The Concessionaire shall neither hold nor attempt to hold the City liable for
any injury or damage, either approximate or remote, occasioned through or
caused by defective electrical wiring or the breaking or stoppage of plumbing
or sewage upon the Concession Space/Area, whether said breakage or
stoppage results from freezing or otherwise.
8.3 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,
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statutes and health, sanitary and police regulations of the City of Fort Collins, County of
Larimer and State of Colorado.
8.3.1 Concessionaire shall thoroughly clean the entire Concession Space/Area,
including all equipment and fixtures, whether provided by the City or
Concessionaire at least three (3) times; once prior to, once during, and once
after the close of the May through August City Park Pool swim season.
8.3.2 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, removing trash accumulations to designated trash
containers.
ARTICLE 9 ACCEPTANCE AND TRADE FIXTURES
9.1 Concession Space, City Equipment and Fixtures. In addition to the Concession Space,
the City shall provide the following:
9.1.1 Existing equipment as listed on Exhibit D, consisting if one (1) page, attached
hereto and made a part hereof;
9.1.2 Lighting fixtures for general area illumination; and
9.1.3 Heat and air conditioning.
9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall
acknowledge that it accepts the Concession Space as well as any City equipment and
fixtures "as is."
9.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit D, no
equipment, trade fixtures, signs or other personal property used by the Concessionaire in
its business, whether or not attached to the concession area or any improvements
thereon, shall be installed without the prior written approval of the City.
9.4 Removal of Equipment, Trade Fixtures. Concessionaire shall have the right at any time
during the term of this Agreement or upon termination and within ten (10) days thereafter,
to remove all trade fixtures, equipment and other personal property subject to any valid
lien the City may have thereon for unpaid rents or installation of equipment in lieu of
Concession Fee pursuant to Article 7. Any property not so removed by Concessionaire
upon termination shall become a part of the realty on which it is located and title thereto
shall vest in the City.
9.5 Title to Improvements. Upon installation or erection of Improvements, such improvements
(but excluding any of Concessionaire's personal property and trade fixtures which are
attached or affixed thereto) shall become a part of the realty upon which they are erected
and title thereto shall vest in the City. Upon vesting, the Improvements become part of
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the Concession Space and are subject to the terms applicable to the Concession Space
within this Agreement.
9.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal
property installed by Concessionaire shall be subject to and conform in all respects to the
applicable statutes, ordinances, building codes, rules and regulations of all governmental
agencies which have jurisdiction over such matters.
ARTICLE 10 DAMAGE BY CONCESSIONAIRE
10.1 The Concessionaire shall be liable for and shall repair, replace or cause to be repaired or
replaced within fifteen (15) days after occurrence, any damage, including the Concession
Space/Area, or to City's property, equipment and fixtures (defined in Article 9) caused by
Concessionaire, its officers, agents, employees or anyone acting under its direction and
control, ordinary wear and tear excepted. All repairs or replacements shall be made
promptly and when necessary and shall be in a quality and of a class at least equal to the
original. If the damage for which Concessionaire is liable is to the Concession
Space/Area, Concessionaire shall continue to be liable for all rent/fees owed for the
Concession Space, even if it has been rendered untenantable.
ARTICLE 11 TOTAL OR PARTIAL DESTRUCTION
11.1 Concession Space or Other Major Component Rendered Untenantable. In case, during
the term of this Agreement, the Concession Space, City Park Pool or any principal part of
any one of them shall be destroyed or shall be so damaged by fire, flood or other casualty
so as to be rendered untenantable or unusable as determined by the City:
11.1.1 Then, in such event, at the option of the City or Concessionaire, the term
hereby created shall cease; and this Agreement shall become null and void
from the date of such damage or destruction; and Concessionaire shall
immediately surrender the Concession Space and its interest therein to the
City; provided, however, that the City or Concessionaire shall exercise such
option to so terminate this Agreement by notice, in writing, delivered to the
other party within thirty (30) days after the City's determination of
untenantability or unusability.
11.1.2 In the event neither the City nor Concessionaire shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the City
shall repair the Concession Space, or facility excluding Improvements or
equipment, signs, trade fixtures or other personal property installed by
Concessionaire, with all reasonable speed, placing the same in as good a
condition as it was at the time of the damage or destruction.
11.2 Concession Space Only Untenantable. In the event of destruction rendering only the
Concession Space untenantable, the City shall endeavor, but not be obligated to make
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substitute premises available for Concessionaire's use. During any period of use by
Concessionaire of such substitute Concession Space, the City may direct that the
Concessionaire's Fee shall be abated proportionately.
11.3 Components Tenantable. If the City Park Pool or Concession Space shall be only injured
by fire or the elements to such extent so as not to render the same untenantable and unfit
for use and occupancy, the City shall repair the same with all reasonable speed.
11.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings,
equipment and other items of its personal property within five (5) days after request being
made by the City.
11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused by
Concessionaire as more specifically addressed in Article 10 of this Agreement, the
provisions of Article 10 shall govern in any conflict between Article 10 and Article 11.
11.6 No Claim by Concessionaire. No compensation or claim shall be made by or allowed to
Concessionaire by reason of any inconvenience or annoyance arising from the necessity
of repairing any portion of City Park Pool, however the necessity may occur.
ARTICLE 12 INDEMNIFICATION AND INSURANCE
12.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or
injury, including cost of suit and reasonable expenses of legal services, claimed or
recovered by any person whomsoever or whatsoever as a result of any operations, works,
acts or omissions performed within City Park Pool by Concessionaire, its agents,
employees or contractors unless caused by the negligence or willful misconduct of the
City, its employees, agents or contractors.
12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City
harmless from all claims, demands, judgments, costs and expenses, and legal fees
including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely,
fraudulently or frivolously) by any person by reason of injury to or death of any individual
person or persons, or by reason of damage to, destruction or loss of use of any property,
including City's personnel and City's property, directly or indirectly arising out of, resulting
from or occurring in connection with any operations, works, acts or omissions of
Concessionaire. As used herein, the term "Concessionaire" includes the respective
directors, officers, agents, employees, contractors and subcontractors of Concessionaire.
In the event a subcontractor performs any work under this Agreement, the Concessionaire
shall be responsible for any liability directly or indirectly arising out of the work performed
by such subcontractor.
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12.3 Patent Representation. Concessionaire represents that it is the owner of or is fully
authorized to use any and all services, processes, machines, articles, makes, names or
slogans used by it in its operation or in any way connected with this Agreement.
12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations
hereunder, the Concessionaire shall provide and maintain insurance coverage naming the
City as an additional insured under this Agreement as specified in Exhibit E, consisting
of one (1) page, which is attached hereto and incorporated herein by this reference.
12.5 Precautions Against Injury. The Concessionaire shall take all necessary precautions in
performing the operations hereunder to prevent injury to persons and property.
12.6 Failure to Insure. Failure of Contractor to take out and/or maintain, or the taking out and/or
maintenance of any required insurance shall not relieve Contractor from any liability under
this Agreement, nor shall the insurance requirements be construed to conflict with the
obligations on Contractor concerning indemnification.
ARTICLE 13 NO INTEREST IN REAL PROPERTY
13.1 Concessionaire agrees that this Agreement constitutes merely a right to use and occupy
the Concession Space for a limited purpose and does not create or convey to
Concessionaire any interest in real property.
ARTICLE 14 ASSIGNMENT
14.1 The Concessionaire shall not assign this Agreement, sublet or otherwise allow any person
to take possession of all or any portion of the Concession Space without prior written
consent of the City nor permit any transfer by operation of law of Concessionaire's interest
created hereby, other than by merger or consolidation unless approved by City.
ARTICLE 15 RIGHT OF CITY TO ENTER, INSPECT AND MAKE REPAIRS
15.1 In General. City and its authorized employees, agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the
circumstances and with as little interruption to Concessionaire's operation as is reasonably
practicable) to enter upon any part of the Concession Space for the following purposes:
15.1.1 To inspect such premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether
Concessionaire has complied with and is complying with the terms and
conditions of this Agreement with respect to such premises;
15.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
15.1.3 To make structural additions and alterations.
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15.2 Obstruction by City. All entries made for the purposes enumerated above shall, except
as otherwise provided in Article 11, Total or Partial Destruction, be without abatement of
rent for damage for inconvenience. However, in the event any entry by City in the
Concession Space for the purpose of making repairs or alterations as provided for in
Section 15.1.2 above (other than repairs necessitated as a result of damage by
Concessionaire under Article 10) constitutes a substantial obstruction to and impairment
of Concessionaire's right of use of such Concession Space, then Concessionaire shall be
entitled to a fair and just abatement of the rent/fees for such premises during the period
required by City to make such repairs.
15.3 Obstruction by Concessionaire. In the event that any personal property of Concessionaire
shall obstruct the access of the City, its officers, employees, agents or contractors, or a
utility company furnishing utility service to any of the existing utility, mechanical, electrical
and other systems, and thus shall interfere with the inspection, maintenance or repair of
any such system, Concessionaire shall move such property, as directed by the City or
said utility company, in order that access may be had to the system or part thereof for
inspection, maintenance or repair. If Concessionaire shall fail to so move such property
after direction from the City or said utility company to do so, the City or the utility company
may move it without liability for damage sustained in moving.
15.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article, by
the City, or others under right of the City, shall not be, nor be construed to be, an eviction
of Concessionaire, nor be made the grounds for any abatement of rental nor any claim or
demand for damages against the City, consequential or otherwise, except claims for
damages to person or property caused solely by the negligence of the City.
ARTICLE 16 DEFAULT, RIGHTS OF TERMINATION
16.1 Default by Concessionaire. Time of payment and performance is of the essence of this
Agreement. Concessionaire shall be in default under this Agreement upon the occurrence
of any one or more of the following events:
16.1.1 Concessionaire's failure to pay any fee or other charge when due and within
five (5) workings days after notice from City of such nonpayment.
16.1.2 Concessionaire's failure to maintain the insurance required in Section 12.4.
16.1.3 Concessionaire’s assignment of any right hereunder in violation of Article 14.
16.1.4 Concessionaire's failure to perform, keep or observe any of the terms,
covenants or conditions of this Agreement within seven (7) days (or such
longer time as may be necessary to cure, provided that cure is commenced
within the initial seven [7] days) after notice from the City specifying the nature
of the deficiency with reasonable particularity and the corrective action that is
to be taken within such period to cure the deficiency.
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16.1.5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of
an involuntary petition in bankruptcy against Concessionaire, the taking of
possession of all or substantially all of Concessionaire's assets pursuant to
proceedings brought under the provisions of any federal reorganization act or
the appointment of a receiver of all or substantially all of Concessionaire's
assets and the failure of Concessionaire to secure the return of such assets
and/or the dismissal of such proceeding within ninety (90) days after the filing.
16.1.6 The abandonment for a period of seven (7) days by Concessionaire of the
conduct of its services and operations at City Park Pool.
16.1.7 The assignment by Concessionaire of its assets for the benefit of creditors.
16.1.8 The death of the Contractor or his/her inability to provide services under this
Agreement for an aggregate period of 45 days or more during any annual term
of this Agreement.
16.1.9 After written notice to the Concessionaire of any violation of the personal
conduct standards set forth in Section 4.4, above, and a hearing of the matter
before the City's Director of Purchasing, if such a hearing has been requested
in writing received by the Director of Purchasing and Risk Management within
ten (10) days after mailing of written notice of violation, a determination by the
Director of Purchasing that the alleged violation has, in fact, occurred, and that
such violation materially interferes with Concessionaire's ability to perform its
services hereunder in a manner satisfactory to the City or otherwise impairs
the benefits to be derived from the City by this Agreement, including the good
will, satisfaction, health and safety of the general public.
16.2 City's Remedies on Default.
16.2.1 In the event of a default by Concessionaire, the City may terminate this
Agreement effective immediately upon provision of written notice of such
termination to Concessionaire. In the alternative, the City may elect to keep
the Agreement in force and work with Concessionaire to cure the default. If
this Agreement is terminated, the City shall have the right to take possession
of the Concession Space at the time of default. Concessionaire's liability to
City for damages and rent shall survive the termination, and the City may re-
enter, take possession of the Concession Space and remove any persons or
property by legal action or by self-help with the use of reasonable force and
without liability for damages.
16.2.2 Following re-entry or abandonment, the City may make arrangements for use
of the Concession Space by others and in that connection may make any
suitable alterations or refurbish the Concession Space, but the City shall not
be required to make such arrangement for any use or purpose.
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16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and remedies
reserved pursuant to this Article are in addition to any other rights or remedies the City
may have pursuant to this Agreement or to applicable law to seek judicial enforcement,
damages or any other lawful remedy.
ARTICLE 17 MISCELLANEOUS PROVISIONS
17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed cumulative
and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to the City, or Concessionaire, at law or in equity, and the exercise of any
remedy, or the existence herein of other remedies or indemnities shall not prevent the
exercise of any other remedy.
17.2 Non-Waiver. The failure by either party to exercise any right or rights accruing to it by
virtue of the breach of any covenant, condition or agreement herein by the other party
shall not operate as a waiver of the exercise of such right or rights in the event of any
subsequent breach by such other party, nor shall such other party be relieved thereby
from its obligations under the terms hereof.
17.3 Non-liability of Individuals Other than Concessionaire. With the exception of
Concessionaire, no director, officer, agent or employee of either party hereto shall be
charged personally or held contractually liable by or to the other party under any term or
provision of this Agreement or of any supplement, modification or amendment to this
Agreement because of any breach thereof, or because of its or their execution or
attempted execution of the same.
17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the Concession
Space/Area, or any part thereof, for any purpose or use other than those authorized by
this Agreement. Neither shall Concessionaire permit nor suffer any disorderly noise or
nuisance whatsoever around the Concession Space at City Park Pool.
17.5 Governing Law. This Agreement shall be performable and enforceable in Larimer County,
Colorado, and shall be construed in accordance with the laws of the State of Colorado.
17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Concessionaire, their successors and assigns, and is not made for the benefit of any third
party.
17.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it shall
not be construed for or against any party hereto on the basis that such party did or did not
author the same.
17.8 Successors and Assigns. All covenants, stipulations and agreements in this Agreement
shall extend to and bind each party hereto, its legal representatives, successors and
assigns.
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17.9 Headings. The titles of the several articles of this Agreement are inserted herein for
convenience only, and are not intended and shall not be construed to affect in any manner
the terms and provisions hereof, or the interpretation or construction thereof.
17.10 Attorney Fees. In the event any legal action or proceeding is brought to collect sums due
or to become due hereunder or any portion thereof or to enforce compliance with this
Agreement for failure to observe any of the covenants of this Agreement, the losing party
agrees to pay to the prevailing party such sums as the Court may judge reasonable for
legal fees, including attorneys' fees and costs, in such action or proceeding and in any
appeal there from.
17.11 Contract Documents, Entire Agreement. This writing, together with the exhibits hereto
constitutes the entire agreement between the parties, their officers, employees, agents
and assigns and supersedes all prior agreements, understandings, warranties or promises
between the parties hereto, whether written, spoken or implied from the conduct of the
parties hereto.
17.12 Severability. In the event any covenant, condition or provision of this Agreement is held
to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants,
conditions or provisions of this Agreement, provided that the invalidity of any such
covenant, condition or provision does not materially prejudice either the City or the
Concessionaire in his or its respective rights and obligations under the valid covenants,
conditions or provisions of this Agreement.
17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier termination
as herein provided, Concessionaire shall remove all of its property from City Park Pool
and surrender entire possession of its rights at City Park Pool to the City and its
improvements in accordance with Section 10 above, unless this Agreement is renewed or
replaced.
17.14 City Representative. The City designates the Recreation Manager as its representative
who shall make, within the scope of his/her authority, all necessary and proper decisions
with reference to this Agreement. All requests for contract interpretations, amendments
and other clarifications or instructions shall be directed to the City Representative.
17.15 City Representative. The City designates the Recreation Manager, as its representative
who shall make, within the scope of his/her authority, all necessary and proper decisions
with reference to this Agreement. All requests for contract interpretations, amendments
and other clarifications or instructions shall be directed to the City Representative.
17.16 Notices. Notices permitted or required to be given under this Agreement shall be in writing
and shall be deemed given upon personal delivery or upon deposit in the United States
Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to
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such other address as the parties may designate from time to time by notice given in
accordance with this Section:
City:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn: Recreation Mgr.
PO Box 580
Fort Collins, CO 80522
Concessionaire:
Attn:
17.17 Schedules and Exhibits. Whenever reference is made in this Agreement to a Schedule
or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule or
Exhibit shall be deemed attached to and by this reference incorporated in this Agreement.
17.18 Force Majeure. Neither the City nor the Concessionaire shall be deemed in violation of
this Agreement if prevented from performing any of its obligations hereunder by reason of
strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God,
acts of public enemies, acts of superior governmental authority, weather conditions, rights,
rebellion, sabotage or any other circumstances that are not within its control.
17.19 No Limitation on General Powers. Nothing in this Agreement shall be construed as in any
way limiting the general powers of the City to fully exercise their governmental functions
or their obligations under any bond covenants or federal, state or local laws, rules or
regulations.
17.20 No Relationship. Nothing contained herein shall be deemed or construed by the parties
hereto nor by any third party as creating the relationship of employer and employee,
principal and agent or a partnership or a joint venture between the parties hereto. It is
agreed that in the performance of the golf services and concession operation hereunder,
the Contractor is an independent contractor responsible to the City only as to the results
to be obtained and to the extent that the services and operation shall be done in
accordance with the terms of this Agreement.
17.21 Survival. To the extent necessary to carry out all of the terms and provisions hereof, the
said terms, obligations and rights set forth herein required shall survive and shall not be
affected by the expiration or termination of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
written above.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: ____________________________________
Gerry Paul
Director of Purchasing
ATTEST:
________________________
APPROVED AS TO FORM:
________________________
By: ____________________________________
Printed:
Title:
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EXHIBIT A
SNACK BAR CONCESSIONAIRE- CITY PARK POOL
Policy: Contractor Personnel Conduct and Demeanor and Background Screening for Positions
of Trust.
Under the terms and conditions of each respective Contractor’s Agreement with the City, all
Recreation Professionals and Snack Bar Concessionaires shall control the conduct and
demeanor of their employees, volunteers, and other representatives or agents of the Contractor
that will be working on behalf of the Contractor in providing services to the City. The Contractor
agrees to provide to the City at all times a current list of employees, volunteers, and other
representatives or agents of Contractor that will be working on behalf of the Contractor in providing
services to the City under their Agreement, and that all such employees, volunteers, and other
representatives or agents of Contractor agree to adhere to the “Behavior/Standards of Personal
Conduct and Performance.”
Contractors and the City also hereby acknowledge and agree that certain services provided by
the Contractor will require that specified employees, volunteers, and other representatives or
agents of the Contractor act in “positions of trust” which can include the handling of and/or
accounting for funds of the City and/or of City property, or direct contact with youth and members
of the general public. Accordingly, each Contractor agrees that all specified employees,
volunteers, or other representatives or agents of Contractor in positions of trust shall be
screened/investigated at the expense of the Contractor; and that the results of such background
screening/investigation shall be provided to the City prior to any such persons participation in the
provision of services, as described in each respective contractor’s Agreement. Each Contractor
shall require the completion and execution of the Disclosure/Waiver form for all specified
employees, volunteers, and other representatives or agents of Contractor. The purpose of this
form is to provide the necessary information about an applicant and permission to review
confidential information for a complete and thorough background screening/investigation. The
Contractor shall provide to all said employees, volunteers, and other representatives or agents a
Summary of Rights under the Fair Credit Reporting Act.
The background screening/investigation shall include, but is not necessarily limited to, checking
arrests and/or conviction records, driving records, credit history, education, previous employment
and volunteer work and other records as may be appropriate, and references, including review of
any records of information available to the City as a result of past employment or contractual
relationships the employee, volunteer, or other representative or agent has had with the
Contractor or the City.
The Contractor shall make job assignments and responsibility assignments based upon and in
consideration of the background screening/investigation and shall not permit any person to
perform any position for which such person’s character or suitability are reasonably in question
based upon the information obtained in connection with a background screening/investigation.
The City may, in its discretion, object to any assignments of Contractor Personnel to positions of
trust, as based upon the background screening/investigation.
Specified employees, volunteers, and other representatives or agents of Contractors identified at
this time to be in positions of trust shall include, but are not necessarily limited to, all top assistants,
area or section managers, lesson providers, personnel that directly handle and/or account for City
funds; and those positions that can work individually with youth or members of the general public.
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Contractor Process for Obtaining Background Screening/Investigation Information
1. Once an employee, volunteer, other representative or agent has been selected by the
Contractor, the employee, volunteer, other representative or agent (applicant) shall complete
the background screening/investigation form, which is titled “Disclosure to Prospective
Employees, Volunteers, or Other Representatives or Agents of Contractors Regarding
Procurement of a Consumer Report (including a criminal history report).”
2. When the employee, volunteer, other representative or agent (applicant) has completed and
signed the form, the Contractor shall initial and date the bottom of the form, giving the bottom
copy of the form to the applicant. The Contractor shall also give to the applicant at this time
a summary of his/her rights under the Federal Fair Credit Reporting Act. The Fair Credit
Reporting Act also imposes requirements and procedures related to any adverse decisions
based upon credit information.
3. The Contractor will retain a copy for their records and submit the original signed copy to
Contractor’s designated screening service vendor.
4. Contractor will not allow the applicant to begin work prior to receiving the results of the
background screening. Contractor will retain a copy of the report in its records and provide
a copy of such report to the City upon request. Should the screening produce a negative
report for the applicant, Contractor will not allow the applicant to work at the CPP.
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EXHIBIT B
DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS,
OR OTHER REPRESENTATIVES OR AGENTS OF CONTRACTORS
REGARDING PROCUREMENT OF A CONSUMER REPORT
(including a criminal history report)
In connection with your status as a prospective employee, volunteer, or other representative or agent of the
Contractor, Contractor and the City of Fort Collins may procure a consumer report/criminal history on you
as part of the process of considering your candidacy for said status. The investigation conducted in
conjunction with the report may include an investigation of your personal employment/volunteer history,
education, financial, and credit records, public records concerning your driving record, civil and criminal
court records, county, state, and Federal tax liens, notices of default and bankruptcies, and other records as
may be appropriate. In the event that information from the report is utilized in whole or in part in making
an adverse decision with regard to your potential employment/volunteer/representative/agent status, before
making the adverse decision, the City and the Contractor will attempt to provide you and the Contractor
with a copy of the consumer report/criminal history and a description in writing of your rights under the
Federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives you specific rights in dealing with
consumer reporting agencies. A copy of A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT
REPORTING ACT is attached to this document.
By your signature below, you hereby authorize us to obtain a consumer report and/or an investigative report
about you in order to consider your status as a prospective employee, volunteer, or other representative or
agent for the Contractor.
Applicant’s Name:
(Please Print) First Middle Last
Signature: Date of Birth:
Applicant’ Address:
City/State/Zip:
Driver’s License #: Social Security #:
Signature of Parent or Guardian:
(if Applicant is under the age of 18):
Other names used in the last seven (7) years:
Previous out-of-state address(es) in the past seven (7) years.
1.
Address City County State Zip
2.
Address City County State Zip
Please list any additional addresses on the back of this page.
Contractor’s Initials: Date: City Staff Initials: Date:
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EXHIBIT C
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EXHIBIT D
EQUIPMENT INVENTORY- CITY PARK POOL
City Owned Items QTY
Atosa Vertical Cooler 1
Convention Oven 1
Hot Dog Corral 2
Manitowoc Ice Machine 1
Roundup Warmer Drawer 1
True Freezer 1
Leased or on Loan Items QTY Owner
Double Door Reach- In Refrigerator 1 Coca- Cola
Six (6) Head Coca- Cola Fountain
Dispenser 1 Coca- Cola
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EXHIBIT E
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of
Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such insurance
as the City may deem proper and may deduct the cost of such insurance from any monies
which may be due or become due the Service Provider under this Agreement. The City,
its officers, agents and employees shall be named as additional insured on the Service
Provider's general liability and automobile liability insurance policies for any claims arising
out of work performed under this Agreement.
2. Insurance coverage shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain
during the life of this Agreement for all of the Service Provider's employees engaged
in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000
disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during
the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for
each coverage, Commercial General and Vehicle, shall not be less than $1,000,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.