HomeMy WebLinkAboutRFP - 7621 EVENT BEVERAGE CONCESSIONS - RECREATION CENETERSRFP 7621 Concession – Event Beverage Services Page 1 of 40
REQUEST FOR PROPOSAL
7621 EVENT BEVERAGE CONCESSIONS – RECREATION CENTERS
The City of Fort Collins is requesting proposals from qualified individuals or firms to operate an
alcoholic and non-alcoholic event beverage concession at the following City of Fort Collins
Recreation Centers: The Senior Center, The Northside Aztlan Community Center and Club
Tico. A Tavern License or a Hotel and Restaurant License, which is to be secured by the
Concessionaire, in the Concessionaire's name, will be required for each facility.
Proposals submission via email is preferred. Proposals shall be submitted in Microsoft
Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard
copy proposals instead, five (5) copies will be received at the City of Fort Collins' Purchasing
Division, 215 North Mason, 2nd Floor, Fort Collins, Colorado 80524. Proposals will be received
before 3:00 pm (our clock) on April 18, 2014 and referenced as Proposal No. 7621. If
delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado
80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580.
The City encourages all disadvantaged business enterprises to submit proposals in response to
all requests for proposals and will not be discriminated against on the grounds of race, color, or
national origin.
Site visits can be arranged by emailing Steve Budner and copying Jill Wilson. The City will
allow potential Concessionaires to examine the concession areas at that time and answer
questions pertaining to the proposal.
Questions concerning the scope of the project should be directed to the Project Manager Steve
Budner, Recreation Area Manager, 970-221-6861, e-mail: sbudner@fcgov.com.
Questions regarding proposal submittal or process should be directed to Jill Wilson, Buyer, 970-
221-6216, email: jwilson@fcgov.com.
The deadline for submitting questions is on April 11, 2014. Please submit your questions
via email to the Project Manager, Mike McDonnell, with a copy to Jill Wilson.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
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 7621 Concession – Event Beverage Services Page 2 of 40
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
RFP 7621 Concession – Event Beverage Services Page 3 of 40
REQUEST FOR PROPOSAL
7621 EVENT BEVERAGE CONCESSIONS – RECREATION CENTERS
A. Background
The City of Fort Collins (City) is soliciting proposals from qualified Concessionaires to
operate an alcoholic and non-alcoholic beverage concession for events at the City
Recreation Centers listed below, using a Tavern License or a Hotel and Restaurant License,
which is to be secured by the Concessionaire, in the Concessionaire's name for each
facility.
1. City Recreation Centers are:
The Fort Collins Senior Center, located at 1200 Raintree Drive.
The Northside Aztlan Community Center, located at 112 Willow Street.
Club Tico, located at 1599 Bryan Street.
The City of Fort Collins Recreation Department operates and manages these three (3)
facilities for recreational purposes. Spaces associated with these facilities are available for
rent to the general public when not in use for City programs/events. Spaces for rent include
the multi- use rooms, gym, backyard area, as well as other facility areas at the Senior
Center; Eagle Rooms and gyms, as well as other facility areas at the Northside Aztlan
Community Center; and the main ballroom space at Club Tico. Events associated with
these spaces may include social dances, weddings and wedding receptions, Bar Mitzvah
and Bat Mitzvah celebrations, anniversary parties, baby showers and Quinceañeras. Each
year over 1000 events take place in these facilities (about 10% include bar service) with
approximately 65,000 people in attendance.
B. Scope of Services
The Concessionaire will be responsible for providing staff, alcoholic and non-alcoholic
beverages, mixes and any other supplies and equipment necessary for the concession
operation at the three (3) recreation facilities listed above.
The City retains the right to serve, independent of the Concessionaire, non-alcoholic
beverages at its discretion.
The Concessionaire will be required to work in cooperation with catering services and
vending machine operations.
The City encourages the use of disposable cups, plates, napkins and eating utensils that are
either compostable or recyclable.
A copy of the Concessionaire's Sales/Use Tax License must be submitted with the signed
Agreement.
The City will conduct a background screening procedure and the selected Concessionaire
will need to provide signed authorization forms to allow the screening to proceed.
Included in the “Request for Proposal” package is a copy of the City’s Concession
Agreement that the Concessionaire and the City will sign upon award. However, the City
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may include additional terms and conditions in the Agreement as deemed necessary. All of
the elements of the Agreement are considered a part of the Concession Specifications for
the proposals requested.
Concession Specifications:
1. Sale of Alcoholic Beverages
The sale or dispensing of alcoholic beverages will be made only in connection with
events scheduled at the recreation facilities to patrons participating in such events,
unless approved in writing by the Recreation Manager from each facility. There will be
no service of alcoholic beverages to the general public at any time other than during a
scheduled event. No alcohol will be dispensed or consumed except in locations
approved by the Recreation Manager at each facility. At all scheduled conventions,
meetings and conferences, the Concessionaire will be limited to serving beverages
during the times specifically designated by the sponsor of the event.
Donations of liquor for fund raising events are permitted only with written permission by
the Recreation Manager or designee at the facility. The Concessionaire agrees to
coordinate with the Recreation Manager, or designee, for all necessary legal obligations
associated with the events.
2. Equipment and Storage
The Concessionaire will be responsible for providing all supplies, inventory and
miscellaneous equipment required to operate the concession. In addition, glassware
rental must be available from the Concessionaire upon request. The City will provide one
(1) portable bar at the Senior Center and two (2) portable bars at Northside Aztlan
Community Center. The City will also provide secure storage areas for limited inventory
and equipment at the Senior Center and the Northside Aztlan Community Center. All
equipment/inventory used for events hosted at Club Tico will need to be removed from
the premises by the Concessionaire after each event.
3. Dress Code
All Staff will be required to wear identical uniforms, as specified per event, and name
tags at all times while on the premises, as approved by the Rental Coordinator.
4. Prices
The Concessionaire will submit a list of prices of all beverages to be served at events to
the Rental Coordinator at each facility for approval; however, the Concessionaire agrees
to honor current beverage pricing for events already under contract. Current beverage
prices are listed on Exhibit D, consisting of two (2) pages and attached herein for
reference. The Concessionaire will be required to provide price lists to customers, in a
format approved by the Rental Coordinator. The price list is not intended as a guide for
the Concessionaire, but as a provisional price list for the convenience of concession
customers. If gratuity is to be automatically charged to customers for a hosted event, a
“tip jar”, or other apparatus to elicit gratuity, is not allowed.
5. Reporting and Payment
The Concessionaire will maintain event sales records; itemized by type of beverage and
cost, in an electronic format. The Concessionaire will provide the records to the Rental
Coordinators at the Senior Center, which is to include Club Tico sales, and the Northside
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Aztlan Community Center on a monthly basis. The Concessionaire will pay the City
Recreation Department a monthly commission fee, as agreed upon per the Agreement,
no later than the fifteenth (15) day of each following month. The Concessionaire will
provide the Rental Coordinators an annual sales report, due by January 31st for the
previous year of the Agreement, itemizing sales by individual event. Failure to pay fees
or provide monthly reports may result in the termination of the Concession Agreement.
6. Private Events
The Rental Coordinators at the Senior Center and the Northside Aztlan Community
Center will collect service requests from customers reserving space for private events at
the Senior Center, Club Tico and the Northside Aztlan Community Center and will
submit the requests to the Concessionaire. The Concessionaire will prepare the
customer contracts based on information gathered from the Rental Coordinator.
7. Utilities, Maintenance and Janitorial Duties
7.1 Utilities. The City pays all charges for water, storm water, sewer, gas, trash
collection, recycling, basic facility security system, natural gas and electric services
to concession areas.
7.2 Maintenance and Repair. The City will maintain and repair all concession areas
and City owned equipment and fixtures. The Concessionaire will submit all
requests for repairs or maintenance to the Recreation Manager.
7.3 Cleaning and Janitorial. The Concessionaire is expected to keep the concession
area(s) and its fixtures clean and in good sanitary condition as required by the
ordinances, resolutions, statutes and health, sanitary and police regulations of the
City of Fort Collins, County of Larimer and State of Colorado.
7.4 Trash. The Concessionaire is responsible for the ongoing cleanliness of the
concession area(s) in order to provide a tidy and orderly appearance for patrons.
Duties include, but are not limited to, removal and proper disposal of all drink
containers throughout the event area(s) into recycling or composting bins in the
designated garbage collection areas and removing trash accumulations to
designated trash containers.
8. Equipment
As part of the concession site, the City currently owns and is responsible for the
maintenance of certain equipment as described below. The Concessionaire must
provide all other equipment/inventory and maintenance in order to successfully operate
the concession area.
8.1 Equipment as listed on Exhibit C, attached herein;
8.2 Lighting fixtures for general area illumination; and
8.3 Heat and air conditioning.
9. Advertising
Any advertising done by the concessionaire at any of the City Recreation Centers
requires the written permission of the Recreation Manager.
10. Service Start Dates
10.1 Senior Center and Club Tico: July 1, 2014 (approximate date).
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10.2 Northside Aztlan Community Center: July 1, 2014 (approximate date).
11. Hours
The concession areas and portable bar units must be fully staffed and operational during
all scheduled events as required by the Recreation Manager.
12. Estimated Revenue
The estimated combined annual gross revenue for alcoholic and non-alcoholic beverage
sales at the three (3) concession sites is approximately $50,000.
12.1 Senior Center Events (for 2013)
Total number of events: 500. Number of events with beverage service: 59.
Total beverage sales: $18, 734.
Total patronage from all events: 27,870.
The Senior Center currently contracts a Concessionaire for beverage services.
12.2 Northside Aztlan Community Center (for 2013)
Total number of events: 377. Number of events with beverage service: 29.
Total beverage sales: $22,950.
Total patronage from all events: 28,688.
Northside Aztlan Center currently has a liquor license and provides beverage
services using City staff.
12.3 Club Tico Events (for 2013)
Total number of events: 91.
Total beverage sales: Not applicable.
Total patronage from all events: 8,211.
Club Tico doesn’t currently offer beverage services. The City’s intent is to
contract a Concessionaire to provide alcohol and non- alcoholic beverage
services for future events hosted at Club Tico.
13. Concession Fee
The Concessionaire will pay to the City, as the Concession Fee, either a fixed dollar
amount, and/or a percentage of gross revenues from the concession operation, as
agreed upon and presented on Exhibit B attached herein.
Gross revenues are defined as total concession sales excluding sales tax.
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 obtain approval of the licenses through the Liquor Licensing Authority of
the City. The Liquor Licenses must be secured and in effect before the service start date.
The licensed premises for the Senior Center and Northside Aztlan Community Center will
include all indoor and outdoor areas, including patio spaces. The Club Tico premises
include the Main Ballroom within the facility only. A separate Liquor License is required for
each facility.
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The selected Concessionaire must submit the complete applications for the Liquor Licenses
to the City Clerk's office within one (1) week after execution date of Agreement. The
average lead time to acquire a Liquor License is approximately ninety (90) days.
All costs of securing and maintaining a Liquor License will be the responsibility of 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. Proposal Requirements
1. The following must be included in the proposal, as presented in Exhibit A, consisting of
one (1) page and incorporated herein:
a. Concessionaire experience and skills.
b. Financial ability.
c. Product offering and proposed pricing.
d. Other information.
e. References.
In addition, the Concessionaire will propose a financial arrangement, as presented in
Exhibit B, consisting of one (1) page and incorporated herein, for exclusive use of the
concession area(s) which may include profit sharing, a flat fee and/or a combination of both
to help offset operational costs incurred by the City. The City will evaluate the financial
concepts of each proposal as a part of the evaluation process.
Proposals must include a contact person and contact information as well as list of assigned
personnel.
The City’s preference is to award all sites to a single Concessionaire. However, the City
reserves the right to split the award on an individual site basis, whichever is most beneficial
to the City.
E. Review and Assessment
Firms/individuals will be evaluated on the following criteria. These criteria will be the basis
for review of the written proposals and interview sessions. The City of Fort Collins reserves
the right to select a vendor for this project on the basis of written proposals only.
The rating scale will 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.
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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 listed City Facilities? 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?
F. Reference Evaluation (Top Ranked Firm)
The Project Manager will check references using the following criteria. The evaluation
rankings will be labeled Outstanding/Satisfactory/Unsatisfactory.
If the references and background screenings are acceptable, an agreement will be awarded
to the highest ranked firm/individual subject to suitable contract negotiations.
QUALIFICATION STANDARD
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 firm/individual responsive to client needs and did they
anticipate problems? Were problems solved quickly and effectively?
Financial
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 upheld?
Other What problems (if any) did you encounter with this firm/individual?
RFP 7621 Concession – Event Beverage Services Page 9 of 40
CONCESSION AGREEMENT- EVENT BEVERAGE CONCESSIONS
(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 the Fort Collins Senior Center, located at 1200 Raintree Drive,
Northside Aztlan Community Center, located at 112 Willow Street and Club Tico, located
at 1599 Bryan Street (Recreation Facilities).
1.1.1 The designated concession areas located in the Fort Collins Senior Center,
Northside Aztlan Community Center and Club Tico.
1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession
Spaces for the purpose of offering alcoholic and non-alcoholic beverages, and related
services primarily to patrons of private events hosted at the Recreation Facilities.
ARTICLE 2 CONCESSIONAIRE'S USE OF RECREATION FACILITIES 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. Smoking instruments and tobacco products of any kind will not be sold or
otherwise supplied by Concessionaire at Concession Space facilities. Smoking is not
permitted in any areas within twenty (20) feet of facility entrances. Concessionaire shall
comply with any other requirements of applicable Fort Collins City ordinances and
Colorado state law regarding smoking and tobacco products.
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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, Service Areas, Service Units, Divisions or Departments having jurisdiction over
Recreation Facilities.
ARTICLE 3 RIGHTS OF INGRESS AND EGRESS
3.1 In General. The Concessionaire shall have the right of ingress and egress to and from
the Recreation Facilities 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 the Recreation
Facilities 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 beverage services in accordance
with this Agreement.
4.1.2 Services provided by the Concessionaire shall include the maintenance of an
adequate stock of beverage supplies, condiments, napkins, plates, cups, and any
kitchen utensils necessary to serve the demand for such items at the Recreation
Facilities. 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 beverages and a high level of public service. Therefore, the
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Concessionaire agrees to offer for sale from the Concession Space only good
quality beverages at fair and competitive pricing, relative to comparable
restaurant/bar 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 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. The concession area(s) and portable bar units must be fully staffed
and operational during all scheduled events as required by the City Representative. The
parties agree that the hours of operation will conform to the hours as specified by the
City Representative.
4.3 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor of
its agents and employees. If the City so requests, 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 and other representatives or agents of Concessionaire that will be
working on behalf of Concessionaire in providing services to the City under this
Agreement. The Concessionaire and the City acknowledge and agree that
certain services provided by Concessionaire will require that employees and
other representatives or agents of 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 that all employees, and other
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representatives or agents of the Concessionaire in positions of trust, as
described in Exhibit E, consisting of two (2) pages and incorporated herein by
this reference, shall be screened using the background screening procedure
described on Exhibit E, at Concessionaire’s expense, and that the results of
such background screening shall be provided to the City prior to any such
persons’ participation in the provision of services hereunder. The
Concessionaire shall require the completion and execution of the
Disclosure/Request, Authorization, and Waiver form attached hereto as Exhibit
F, consisting of one (1) page and incorporated herein by this reference.
Concessionaire shall also provide to their employees a copy of the Summary of
Rights under the Fair Credit Reporting Act attached hereto as Exhibit G,
consisting of two (2) pages and incorporated herein by this reference.
4.3.2 The City may provide assistance in completing the background investigation,
including providing information from the completed disclosure form to an outside
vendor for a confidential records check. Concessionaire acknowledges that in
such event, by providing such assistance to Concessionaire, the City assumes
no responsibility for the timeliness, accuracy or completeness of the background
investigation, or for the direct or indirect consequences resulting from the same,
and Concessionaire shall hold the City harmless for any injury or loss resulting
therefrom.
4.3.3 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, competence 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 in connection with the services or
activities required or permitted under this Agreement, or in a manner that would
permit contact by that person with the funds, equipment, property associated with
the provision of services hereunder, or persons participating in programs or
services provided under this Agreement.
4.3.4 Upon receipt of written notice from the City of any reasonable objection from the
City concerning trustworthiness, fitness for provision of services under this
Agreement, competence or suitability of any individual for a position of trust of
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any kind, or concerning conduct, demeanor or competence of any employee of
the 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.
4.3.5 The following constitute unacceptable personal conduct that the parties
acknowledge and agree shall be subject to reasonable objection by the City. The
parties acknowledge that other conduct not listed in this Section may be
determined by the City to be reasonably expected to 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 that Concessionaire, or the
individual site manager, if different from 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 16.1.9.
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;
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;
G. Destruction, loss or abuse of City property;
H. Unauthorized use of City equipment or property for personal use; or
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I. Possessing or maintaining sexually explicit materials on City property.
4.4 Statements, Recordkeeping and Audits. 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 Recreation Facilities 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, at the City's election, all records, books and relevant related
information as may be required for audit purposes.
4.5 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 Recreation Facilities.
4.6 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
Concession Space at Recreation Facilities, 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 the Recreation Facilities. 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
the Recreation Facilities. Nothing herein shall prevent Concessionaire from protesting,
through due process, any taxes levied.
4.7 Licenses. Concessionaire agrees to obtain and pay for all licenses necessary in
connection with its operation, including but not limited to a liquor license and a City
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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.
4.8 Vending Machines This Agreement does not include Concessionaire's use of vending
machines in the supplying of food, beverages or incidental items.
ARTICLE 5 EMPLOYING ILLEGAL ALIENS
5.1. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Concessionaire represents and agrees that:
a. As of the date of this Agreement:
1. Concessionaire does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. 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.
b. 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.
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c. 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.
d. If Concessionaire obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Concessionaire shall:
1. 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
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 Concessionaire shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. 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.
f. 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.
g. 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.
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 (1) year period,
not to exceed four (4) additional one (1) year periods.
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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 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- Recreation Department and shall be
mailed or personally delivered to the City Representative.
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
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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, 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 after each event.
8.3.2 Concessionaire is responsible for the ongoing cleanliness of the event area(s) 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 C, consisting of 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 C,
no equipment, trade fixtures, signs or other personal property used by the
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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 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
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, Recreation Facilities or any principal
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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
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 Recreation Facilities 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.
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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 the Recreation Facilities, 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 the Recreation Facilities 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.
12.3 Intellectual Property 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 and shall include $300,000 of Liquor Liability under this
Agreement as specified in Exhibit H, consisting of one (1) page, which is attached
hereto and incorporated herein by this reference.
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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. Neither the failure of Concessionaire to take out and/or maintain, nor
the taking out and/or maintenance of any required insurance shall relieve
Concessionaire from any liability under this Agreement, nor shall the insurance
requirements be construed to conflict with the obligations of Concessionaire concerning
indemnification. In the event the Concessionaire fails to maintain insurance required
hereunder, the City may, at its option, take out and maintain at the expense of the
Concessionaire such insurance as the City may deem proper. The City may offset the
cost of any such insurance from any monies that may be due or become due to the
Concessionaire under this Agreement.
ARTICLE 13 NO INTEREST IN REAL PROPERTY
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
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;
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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.
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:
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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
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.
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 the Recreation Facilities.
16.1.7 The assignment by Concessionaire of its assets for the benefit of creditors.
16.1.8 The death of the Concessionaire or dissolving of the Corporation.
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 and Risk Management, 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 and Risk Management 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
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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.
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.
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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 the Recreation Facilities.
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.
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 Legal 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.
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17.11 Incorporation of Request for Proposals/Entire Agreement. Request for Proposal
Document, and all specifications included therein, and the Proposal submitted and
interview responses by the Concessionaire in response thereto, are incorporated and
made a part of this Agreement by this reference, except that in the event of a conflict
between such documents and the express terms of this Agreement, the terms of this
Agreement shall prevail. This Agreement, which is the entire agreement between the
parties hereto, supersedes all prior agreements, understandings, warranties or promises
between the parties hereto, whether written, spoken or implied from the conduct of the
parties hereto, except as expressly incorporated herein.
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 the
Recreation Facilities and surrender entire possession of its rights 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 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 such other address as the parties may designate from time to time by notice
given in accordance with this Section:
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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:
17.16 Paragraph Headings. Paragraph headings contained herein are for convenience and
reference, and are not intended to define or limit the scope of any provisions of this
Agreement.
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.
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.
IN WITNESS WHEREOF, the parties here to have executed this Agreement on the day and
year written above.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: ____________________________________
Gerry S. Paul
Director of Purchasing and Risk Management
Date: _____________________________
ATTEST:
________________________
City Clerk
APPROVED AS TO FORM:
________________________
Assistant City Attorney
Concessionaire:
By:________________________________
Print Name: _________________________
Title: _______________________________
Date: ________________________
EXHIBIT A
7621 EVENT BEVERAGE CONCESSIONS – RECREATION CENTERS
QUALIFICATION STATEMENT FORM
1. Experience
Provide concession operating experience for yourself and your staff.
2. Financial
Provide information on your financial ability to operate this concession.
3. Products
List the products you intend to serve along with proposed prices.
4. Other Information
Have you ever held or do you currently hold any financial interest, direct or indirect, in any retail
liquor establishment, distillery, importing or wholesale liquor license?
YES___ NO___
If “YES”, explain in proposal.
Attach copies of any written agreement or details of any oral agreement, by which any person
(including a corporation) will share in the profit or gross proceeds of this concession, and any
agreement relating to the concession which is contingent or conditional, in any way, upon
volume, profit, sales, giving of advice or consultation.
Do you plan to be an active participant in the management and operation of the concession?
YES___NO ___
If “NO”, explain in your proposal your intended managerial arrangement.
5. References
List references for entities which you have provided similar services for within the last two (2)
years.
EXHIBIT B
7621 EVENT BEVERAGE CONCESSIONS – RECREATION CENTERS
Senior Center & Club Tico
Northside Aztlan Community Center
PROPOSAL FORM
The proposer, _______________________, (an individual)(a partnership)(a corporation) hereby
enters its proposal for 7621 Event Beverage Concessions for:
The Senior Center _______
Club Tico ______
The Northside Aztlan Community Center ______
All three (3) Recreation Facilities ______
Concession Fee Proposal:
The Concessionaire shall pay a monthly concession fee of______________ percent (___ %) of the
gross sales from the concession operation and/or a fixed amount of $____________.
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
EQUIPMENT INVENTORY
(SUPPLIED BY THE CITY)
Senior Center QTY
Portable bar unit 1
Northside Aztlan Center
Portable bar unit 2
EXHIBIT D
SENIOR CENTER BEVERAGE CONCESSION PRICE LIST*
(For informational purposes, do not submit with proposal)
Cash Bar
Domestic by the bottle $3.00
Micro Brew/Import by the bottle $3.50
Wine by the glass $4.00
Well/Mixed drink $4.00/$5.00
Shots $4.00/$5.00
Soda/Water/Juice $1.00
Hosted Bar
Beer by the Keg
(16 gal. = 170 – 12 oz glasses)
Domestic Micro-brew:
¼ barrel/8 gallon…….$145.00 ¼ barrel/8 gallon…….$165.00
½ barrel/16 gallon…...$275.00 ½ barrel/16 gallon…...$295.00
Wine
House Wine is Sutterhome
(Chardonnay, White Zinfandel, Merlot, Cabernet)
By the bottle…..$32.00/1.5 ltr. @ 10-12 5 oz glasses
Special requests……Negotiable
Box Wine……………$75.00/5.0 ltr. @ 30-35 oz glasses
Champagne
(Bottle @ 5-6 glasses)
Economy (low)……$13.00
House (mid)……….$18.00
Premium (high)…...$20-$40
Champagne and Non-Alcoholic Punch
Champagne Punch
By the Gallon….$20.00
Non-Alcoholic Fruit Punch
By the Gallon….$12.00
An 18% gratuity will be applied to all special orders and hosted bars. Hosts are responsible
for the actions of their guests during the function.
Prices are subject to change without notice with authorization from the Senior Center.
No liquor, sparkling cider, or soda may be brought into the Senior Center by the client, the
host, their guests, or the caterer. Any outside alcohol and/or non- alcohol beverages will be
removed.
Concessionaire will determine the number of bartenders required at each event.
Plasticware is used unless glassware is rented.
Legal age to consume alcohol is 21. Bartenders are required to request a picture ID, and
retain the right to refuse service to anyone for any reason.
State Liquor Laws state that no liquor (whole or part) may leave the event premises, with
the exception of wine bought by the bottle, corked and with a receipt from the bartender.
Northside Aztlan Community Center Beverage Concession Price Sheet*
Cash & Hosted Bars
KEG BEER BOTTLED BEER
16 Gallon Domestic $215.00 Domestic $3.50
8 Gallon Domestic $110.00 Import/Micro $4.50
16 Gallon Micro/Import $325.00
8 Gallon $165.00
HOUSE WINE CHAMPAGNE TOAST
(6 Glasses per bottle) By the Glass $4.50
Chardonnay, White, Zinfandel, Merlot, Available by the Bottle, must make
Shiraz, Cabernet, Pinot Grigio appointment with bartender to
discuss price.
By the Glass $4.50
By the Bottle $26.00
MIXED DRINKS SODA/WATER
Well/House Brands $4.50 Assorted Soda $2.00
Premium $6.50 Bottled Water $2.00
Specialty Cocktails/Top Shelf $8.00 Lemonade/Ice Tea Gallon $15.00
One bartender is required for every 100 guests.
Only clear cups can be used by renter.
Northside Aztlan will determine the number of guests allowed at each event.
Bar service will end one hour before the event ends.
Taxes are included in prices; prices are subject to change.
*The current Beverage Concession Price Lists must be honored for all events already under
contract at the Senior Center and Northside Aztlan Community Center.
EXHIBIT E
7621 EVENT BEVERAGE CONCESSIONS – RECREATION CENTERS
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 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 using the City’s contracted background screening/investigation
procedure as described in each respective contractor’s Agreement; 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 City will provide assistance in completing the background screening/investigation, including
providing the completed disclosure form to an outside vendor for a confidential records check.
Contractor acknowledges that by providing such assistance the City assumes no responsibility for
the timeliness, accuracy or completeness of the background screening/investigation, or for the
direct or indirect consequences resulting from the same, and the Contractor shall hold the City
harmless for any injury or loss resulting therefrom.
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. In the event that information from the
report is utilized in whole or in part in making an adverse decision with regard to potential
employment/volunteer/representative/agent status, before making the adverse decision, the City
will attempt to provide Contractor with a copy of the consumer report/criminal history.
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.
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 keeps one copy of the form and forwards the original signed copy of the form to
the City Representative. In order to expedite the processing time, the Contractor may also FAX
a copy or bring the original copy of the form to the City Representative. Once the information
from the form is entered into the system, it takes three to four days for the City’s contracted
background screening/investigation firm to perform their service.
4. Because of the large number of applicants being screened using this similar process, there
shall be no notification to the Contractor unless an applicant receives a negative report within
four days from the time that the information is entered. Therefore, the applicant may begin
assignment for the Contractor after four days unless the Contractor is notified otherwise.
However, be aware that it is possible that we could receive a negative report after four days,
and we will have to address the situation at that time.
EXHIBIT F
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:
EXHIBIT G
EXHIBIT H
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.
3. $300,000 Liquor Liability
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during
the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for each
coverage, Commercial General and Vehicle, shall not be less than $500,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.