HomeMy WebLinkAboutRFP - 8109 CAFE CONCESSION - FORT COLLINS MUSEUM OF DISCOVERYRFP 8109 CAFÉ CONCESSION – FORT COLLINS MUSEUM OF DISCOVERY Page 1 of 27
REQUEST FOR PROPOSAL
8109 CAFÉ CONCESSION – FORT COLLINS MUSEUM OF DISCOVERY
The City of Fort Collins (City) is requesting proposals from qualified individuals or companies to
operate and manage a prepared packaged food and non-alcoholic beverage café concession at
the designated Concession Space in the Fort Collins Museum of Discovery (Museum).
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 hard copy
proposals instead, four (4) copies, will 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), May 1, 2015 and referenced as Proposal No. 8109.
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.
Questions concerning the scope of the project should be directed to Project Manager Cheryl
Donaldson, Museum Director, at 970-416-2709 or cdonaldson@fcgov.com.
Questions regarding bid submittal or process should be directed to Jill Wilson, Buyer at (970)
221-6216 or jwilson@fcgov.com.
All questions must be submitted in writing via email to Cheryl Donaldson, with a copy to
Jill Wilson, no later than 5:00 PM our clock on April 20, 2015. Questions received after this
deadline will 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.
A copy of the RFP may be obtained at www.rockymountainbidsystem.com.
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. 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
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707- fax
fcgov.com/purchasing
RFP 8109 CAFÉ CONCESSION – FORT COLLINS MUSEUM OF DISCOVERY Page 2 of 27
Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents.
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.
Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of
the organization’s philosophy and approach to Sustainability. In no more than two (2) pages
please describe how your organization strives to be sustainable in the use of materials,
equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates
the Triple Bottom Line into our decision process by including economic (or financial),
environmental, and social factors in our evaluation.
The selected Service Provider shall be expected to sign the City’s standard Agreement without
revision prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
RFP 8109 CAFÉ CONCESSION – FORT COLLINS MUSEUM OF DISCOVERY Page 3 of 27
REQUEST FOR PROPOSAL
8109 CAFÉ CONCESSION – FORT COLLINS MUSEUM OF DISCOVERY
I. BACKGROUND
The City of Fort Collins (City) is requesting proposals from qualified individuals or companies to
operate and manage a prepared packaged food and non-alcoholic beverage café concession at
the designated Concession Space in the Fort Collins Museum of Discovery (Museum).
A. The Facility
The Fort Collins Museum of Discovery, located at 408 North Mason Street, Fort Collins, CO
80524, is a museum featuring innovative exhibits highlighting cultural and scientific
achievements through hands-on exhibits and artifact based experiences. This facility is 47,000
sq. ft. and is a LEED Platinum building. The museum has two (2) years of visitation data; year
one, the Museum saw over 115,000 visitors and year two, the museum saw over 92,000
visitors. In addition to exhibits there is a research center, gift shop, café, digital dome,
classrooms, rooftop deck and outdoor experiences area.
B. The Museum’s Mission
The Museum creates meaningful opportunities for people of all ages to learn, reflect, and have
fun through hands-on and collections-based explorations in science and culture. The
overarching theme of the Museum is sustainability; sustainability of self, environment and
community. The café should reflect these values in its service to visitors. The café has a
separate entrance and is part of the free zone in the Museum.
II. SCOPE OF SERVICES
A. Overview
The Concessionaire will be responsible for providing all staff, prepared packaged food, and non-
alcoholic beverages. The café is approximately 400 sq. ft. with an additional 400 sq. ft. of indoor
and outdoor seating. Additional areas in the Museum that might be available for café use
includes: the classrooms and patio, outdoor spaces, lobby, and the rooftop observation deck.
The Concessionaire will be responsible for providing all food for the café; however
Concessionaire will not be required to provide catering services for the Museum outside of the
café.
The Concessionaire will be required to work in cooperation with catering services and vending
machine operations.
The Concessionaire understands that the Fort Collins Museum of Discovery is a museum
artifact-based institution that has delicate exhibits in the facility and will manage its operations in
a manner that will not compromise the integrity of the artifact collection or exhibits.
The City encourages the use of disposable cups, plates, napkins and eating utensils that are
either compostable or recyclable. The City also encourages the use of coffee that is grown and
marketed sustainably.
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.
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B. Concession Requirements
1. Equipment and storage
The Concessionaire shall be responsible for providing all supplies, inventory and
miscellaneous equipment required to operate the concession. The Museum will provide
equipment as per attached Exhibit “A” – Equipment Inventory, consisting of one (1) page
and incorporated herein by this reference.
2. Dress Code
Business casual dress code is required for all Staff working in the café and is subject to
approval by the City. Name tags are required to be displayed at all times, as approved
by the Executive Directors of the Museum.
3. Prices
Prices charged for food and beverages provided by the Concessionaire must be
approved by the Executive Directors of the Museum.
4. Reporting and Payment
The Concessionaire will maintain daily sales records, itemized by the type of food and
beverage, and payment in electronic format. The Concessionaire will give the Museum a
written report every two (2) weeks detailing the daily sales. The Concessionaire will also
give the Executive Directors of the Museum an annual sales report, due by January 31st
of each year of the Concession Agreement, detailing sales by the café. The
Concessionaire will pay the Museum the annual concession fee, as agreed to in the
contract, forty-five (45) days after the close of the fiscal year. Failure to pay charges or
provide sales reports may result in the termination of the Concession Agreement.
5. Utilities, Maintenance and Janitorial Duties
5.1 Utilities.
The Museum shall pay all charges for water, storm water, sewer, gas, trash
collection, recycling, basic facility security system, natural gas and electric services
to the Concession Space.
5.2 Maintenance and Repair.
The Museum shall maintain and repair the Concession Space and Museum owned
equipment and fixtures. Concessionaire shall submit all requests for repairs or
maintenance to the Museum Representative.
5.3 Cleaning and Janitorial.
The Concessionaire shall keep the Concession Space 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.
5.4 Trash.
The Concessionaire is responsible for the ongoing cleanliness of the Concession
Space in order to provide a clean and orderly appearance for patrons including but
not limited to, removal of all food and drink containers including plates, napkins,
eating utensils, bottles and cups, and proper disposal into recycling, composting
RFP 8109 CAFÉ CONCESSION – FORT COLLINS MUSEUM OF DISCOVERY Page 5 of 27
and trash bins in the designated garbage collection area, and removing trash
accumulations in designated trash containers. Trash will not be allowed to travel
through the Museum to designated trash containers.
6. Equipment and Supplies
The Concessionaire shall be responsible for providing all supplies, inventory and
miscellaneous equipment required to operate the concession. The Concessionaire shall
also provide and pay for all telephones, cash registers, POS Systems, credit card
machines, and expanded security systems.
In addition to the Concession Space, the Museum shall provide the following:
Equipment as listed on Exhibit A, attached hereto and made a part hereof;
Lighting fixtures for general area illumination;
Tables and seating for the area; and
Heat and air conditioning
7. Advertising
Any advertising done by the Concessionaire on Museum premises requires the written
permission of the Executive Directors of the Museum.
8. Service Start Date (Approx.)
June 2015.
9. Hours
The Concession Space must be fully staffed and operational during operating hours of
the Museum and all scheduled events as required by the Museum Executive Directors
and/or the Museum Event Coordinator. Museum hours are Tuesday – Saturday 10 a.m.
to 5 p.m. but an earlier start time may be negotiated and mutually agreed upon.
10. Estimated Revenue
As this is a new service, the estimated combined annual gross revenue for the
concession operation is unknown.
11. Permits, Licenses and Taxes
It shall be the sole responsibility of the Concessionaire to apply for the necessary
permits and licenses. The Concessionaire must obtain and pay for all licenses and taxes
necessary for the concession 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.
C. Concession Fee
The Concessionaire shall pay annually, as rental to the Museum, a fixed dollar amount as
mutually agreed upon in the subsequent Concession Agreement.
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III. PROPOSAL REQUIREMENTS
The following information must be included in the proposal. Required proposal documents must
be arranged in the order listed below.
1. Completion of Qualification Statement, attached as Exhibit “B”, consisting of one (1)
page and incorporated herein by this reference, and all auxiliary documents. Auxiliary
documents shall include the following: financial data, product information and pricing,
three (3) references and other documents that may apply.
2. Completion of Proposal Form, attached as Exhibit “C”, consisting of one (1) page and
incorporated herein by this reference.
IV. PROPOSAL GUIDELINES
Proposals shall be limited to five (5) pages. The City reserves the right to reject any proposal
exceeding five pages.
The City assumes no responsibility for liability for any costs vendors may incur in responding to
this RFP; including attending meetings, site visits and/or contract negotiations.
The City expects to enter into a Concession Agreement with the awarded vendor. The
anticipated terms and conditions of the Agreement are set forth in attached Exhibit “D”,
consisting of sixteen (16) pages and incorporated herein by reference; however, the City may
include additional terms and conditions in the Agreement as deemed necessary. A copy of the
Concessionaire’s Sales/Use Tax License must be submitted with the signed Agreement.
This RFP may be amended and/or revoked at any time prior to final execution of an Agreement
with the City.
All proposals shall remain subject to initial acceptance ninety (90) days after the day of
submittal.
It is intended that the vendor shall conform to the Scope of Services. Any deviations from the
Scope of Services must be clearly identified and explained separately in the proposal.
Commodity Code used for the RFP is 96115: Concessions, Catering, Vending: Mobile and
Stationary.
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V. Review and Assessment
Concessionaires will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and optional interview session. The City reserves the right to
select a vendor for this project on the basis of written proposals submitted only.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating. Weighting factors for the criteria are listed adjacent to the
qualification.
Weighting Factor Qualification Standard
3.0 Scope of Proposal
Does the proposal show an understanding of
the required services? Are the products of
suitable quality and price? Are there any
exceptions to the Scope of Services or
Agreement noted?
2.0 Qualifications Years of experience operating a concession of
similar size and scope?
1.0 Motivation
Is the vendor interested in providing this
service to the public and achieving outstanding
customer service?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate the Dietary
Guidelines for Americans in their proposed
menu options?
2.0 Concession Fee Proposed amount paid to the City? Is the
beverage pricing competitive and reasonable?
2.0 Firm Capability Does the vendor have experienced staff? Is
the vendor financially stable?
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VI. Reference Evaluation (Top Ranked Firm)
The Project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
Qualification Standard
Overall Performance Would you hire this vendor again? Did the vendor’s staff
maintain a professional appearance?
Timetable Was the vendor and staff on-time for all scheduled events?
Completeness
Has the vendor been responsive to client needs? Has the
vendor anticipated problems? Were problems solved quickly
and effectively?
Cost Has original pricing been increased substantially?
Job Knowledge Do personnel have the necessary knowledge and skills?
RFP 8109 CAFÉ CONCESSION – FORT COLLINS MUSEUM OF DISCOVERY Page 9 of 27
EXHIBIT A
EQUIPMENT INVENTORY
(SUPPLIED BY THE MUSEUM)
ITEM 1: REACH IN REFRIGERATOR
Quantity: One (1)
ITEM 2: UNDERCABINET REFRIGERATOR
Quantity: One (1)
ITEM 3: UNDERCABINET ICE MAKER
Quantity: One (1)
ITEM 4: COFFEE GRINDER
Quantity: One (1)
ITEM 5: REFIRGERATED DISPLAY CABINET
Quantity: One (1)
ITEM 6: MICROWAVE
Quantity: One (1)
ITEM 7: CONVEYOR TOASTER
Quantity: One (1)
ITEM 8: REACH IN DISPLAY FREEZER
Quantity: One (1)
ITEM 9: REACH IN COLD DRINK DISPLAY REFRIGERATOR
Quantity: One (1)
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EXHIBIT B
8109 CAFÉ CONCESSION – FORT COLLINS MUSEUM OF DISCOVERY
QUALIFICATION STATEMENT FORM
1. Experience
Describe your concession operating experience for yourself and your staff, including number
of years operating a similar concession of the same size and scope.
2. Customer Service
Describe your philosophy and approach to achieve great customer service.
3. Financial
Provide information on your financial ability to operate this concession.
3. Products
List the products you intend to serve along with proposed pricing in a menu format.
4. Other Information
Attach copies of any written agreement or details of any oral agreement, by which any
person (including a corporation) will share in the profit or gross proceeds of this concession,
and any agreement relating to the concession which is contingent or conditional, in any way,
upon volume, profit, sales, and giving of advice or consultation.
Do you plan to be an active participant in the management and operation of the concession?
YES___NO ___
If “NO”, explain your intended management arrangement in proposal.
Acknowledge your consent to adhere to the Scope of Services and sample Concession
Agreement (including Insurance Requirements) outlined in this solicitation.
YES___ NO___
5. References
List three (3) references for entities with which you have provided similar services for within
the last two (2) years. Include the name and address of each referenced entity, as well as
the name, title, and phone number of the contact person.
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EXHIBIT C
8109 CAFÉ CONCESSION – FORT COLLINS MUSEUM OF DISCOVERY
PROPOSAL FORM
The proposer, _______________________, (an individual) (a partnership) (a corporation)
hereby enters its proposal for 8109 Café Concession - Fort Collins Museum of Discovery per
this Request for Proposal (RFP) document.
Concession Fee Proposal:
The Concessionaire shall pay to the City, as rental for use of the Concession Space at the
Museum, a fixed amount of $____________ /year.
Signature: Title:
Company Name: Date:
Street:
City:
State/Zip:
Phone #:
Fax #:
Email:
RFP 8109 CAFÉ CONCESSION – FORT COLLINS MUSEUM OF DISCOVERY Page 12 of 27
EXHIBIT D
SAMPLE CONCESSION AGREEMENT
(For informational purposes, do not fill in or submit with proposal)
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Concessionaire."
WITNESSETH:
1. Premises covered by Concession Agreement
The premises covered by this Agreement shall be the Fort Collins Museum of Discovery
(Museum), located at 408 N. Mason Street, Fort Collins, Colorado 80524.
2. Term
The initial term of this Agreement shall begin on and end unless terminated sooner
as herein provided. At the sole discretion of the City of Fort Collins this Agreement may be
extended for additional one-year terms, up to four (4) additional one-year terms. Written notice
of renewal will be provided to the Concessionaire and sent no later than 30 days prior to
contract end.
3. Services
The Concessionaire agrees to provide services in accordance with the Scope of
Services attached hereto as Exhibit , consisting of ( ) page and
incorporated herein by this reference.
4. Licenses, permits, and taxes
The Concessionaire shall obtain and pay for all licenses, permits and taxes, required by law or
necessary for the operation of the concession at the Museum; including, but not limited to
Sales/Use Tax License and a Larimer County Health Permit. Any such licenses or permits held
by the Concessionaire in connection with the concession are to be surrendered by the
Concessionaire at the time of termination of the Agreement and the Concessionaire expressly
agrees to surrender all of such licenses or permits and not oppose any new license or permit
applications by such person as the City may select. The Concessionaire shall collect and remit
sales taxes on all taxable sales in the manner prescribed by law.
5. Contingency
In the event the Concessionaire is not able to obtain all licenses and permits required to operate
the concession at the Museum, this Agreement shall become null and void and both parties
shall be released from further obligations under this Agreement.
6. Regulations and Administration
The Concessionaire must conduct all concession operations in accordance with all applicable
ordinances, laws, statutes, rules and regulations of any authority having lawful jurisdiction over
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the premises. The City will designate, prior to commencement of the work, its representative
who shall make, within the scope of his or her authority, all necessary and proper decisions with
reference to the services provided under this Agreement. All requests concerning this
Agreement shall be directed to the City Representative.
7. Pricing
Prices charged for food and beverages provided by the Concessionaire must be approved by
the Executive Directors of the Museum.
8. Concession Fee
The Concessionaire shall pay annually, as rental to the Museum, a fixed amount of $ _____. All
such sums shall be payable annually to the Museum, with payment due forty-five (45) days after
the close of the fiscal year.
9. Reporting and Payment
The Concessionaire shall keep adequate and proper business records which will include all
expenses and receipts of the concession operation. Upon the City's request, all such records
shall be made open and available for inspection and audit by the City. The Concessionaire
shall maintain daily sales records, itemized by the type of food and beverage and payment, in
electronic format. The Concessionaire shall provide the Museum a written report every two (2)
weeks. The Concessionaire will give the Executive Directors of the Museum an annual sales
report, due by January 31st of each year of the Agreement, detailing sales by the café and
private events. Failure to pay charges or provide sales reports may result in termination of the
Concession Agreement.
10. Equipment and Supplies
The Concessionaire shall be responsible for providing all supplies, inventory and miscellaneous
equipment required to operate the concession. The Concessionaire shall also provide and pay
for all telephones, cash registers, POS Systems, credit card machines, and expanded security
systems.
In addition to the Concession Space, the Museum shall provide the following:
Equipment listed on attached Exhibit , consisting of one (1) page and
incorporated herein by reference;
Lighting fixtures for general area illumination;
Tables and seating for the area; and
Heat and air conditioning
11. Dress Code
Business casual dress code is required for all Staff working in the café and is subject to
approval by the City. Name tags are required to be displayed at all times, as approved by the
Executive Directors of the Museum.
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12. Advertising
Any advertising done by the Concessionaire on Museum premises requires the written
permission of the Executive Directors of the Museum.
13. Utilities, Maintenance and Janitorial Duties
13.1 Utilities.
The Museum shall pay all charges for water, storm water, sewer, gas, trash collection,
recycling, basic facility security system, natural gas and electric services to the
Concession Space.
13.2 Maintenance and Repair.
The Museum shall maintain and repair the Concession Space and Museum owned
equipment and fixtures. Concessionaire shall submit all requests for repairs or
maintenance to the Museum Representative.
13.3 Cleaning and Janitorial.
The Concessionaire shall keep the Concession Space 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.
13.4 Trash.
The Concessionaire is responsible for the ongoing cleanliness of the Concession Space
in order to provide a clean and orderly appearance for patrons including but not limited
to, removal of all food and drink containers including plates, napkins, eating utensils,
bottles and cups, and proper disposal into recycling, composting and trash bins in the
designated garbage collection area, and removing trash accumulations in designated
trash containers. Trash will not be allowed to travel through the Museum to designated
trash containers.
14. Independent Contractor
The services to be performed by Concessionaire are those of an independent service provider
and not of an employee of the City of Fort Collins or the Museum. The City shall not be
responsible for withholding any portion of Concessionaire’s compensation hereunder for the
payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose.
15. Insurance Requirements
15.1 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.
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15.2 The Concessionaire shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
15.3 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 , 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 and Risk
Management, 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.
16. Concessionaire Personnel
Concessionaire shall control the conduct and demeanor of its agents and employees. 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
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 volunteers 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, volunteers, and other representatives or agents of the Concessionaire in positions
of trust, as described in Exhibit , consisting of two (2) pages, attached hereto and
incorporated herein by this reference, shall be screened using the background screening
procedure described on Exhibit , 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
Form, attached hereto as Exhibit , consisting of three (3) pages and incorporated herein
by this reference, and shall provide to the employee/volunteer the Summary of Rights under the
Fair Credit Reporting Act, included as part of Exhibit .
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.
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 or allowed to volunteer in
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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.
Upon 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 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 the cause of the objection
or to remove such individual from the performance of any services provided hereunder.
17. General Conditions
17.1 This Agreement may not be enlarged, modified or altered except in writing,
signed by the parties as an amendment hereto.
17.2 No waiver of any breach of this Agreement shall be held or construed to be a
waiver of any subsequent breach thereof.
17.3 It is expressly understood and agreed by and between the parties hereto that in
the performance of the terms and conditions of this Agreement, time is of the
essence.
17.4 The location assigned is not transferable to another Concessionaire.
17.5 Fixtures and Improvements:
17.5.1 The Concessionaire agrees that all auxiliary equipment needed to
operate the concession shall be installed at its expense. Prior to making any
and all improvements on said premises, the Concessionaire agrees to obtain
the approval of the City Representative and shall supervise the construction
of said improvements.
17.5.2 Upon the termination of this Agreement the Concessionaire shall
remove any fixtures or improvements made by it to the Concession Space.
However, the Concession Space must be restored to as good a condition as
the premises were in at the time the Concessionaire took possession
thereof.
17.6 This Agreement shall be binding upon and inure to the benefit of the heirs,
successors, and assigns of the parties hereto.
17.7 Any notice required or desired to be given under this Agreement will be
considered delivered to the other party upon hand delivery or upon its deposit in
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the United States mail, postage prepaid, sent by registered mail, addressed to
the other party at the following address:
City: Concessionaire: Museum:
City of Fort Collins
Purchasing Division
P.O. Box 580
Fort Collins, CO 80522
Fort Collins Museum of Discovery
Attn: Cheryl Donaldson
408 N Mason Street
Fort Collins, CO 80524
Notwithstanding the time periods contained herein, either party may terminate this
Agreement at any time without cause by providing written notice of termination to the
other party. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the
parties. All notices provided under this Agreement shall be effective when mailed,
postage prepaid and sent to the above address.
18. Assignment
The Concessionaire shall neither assign any of the rights nor delegate any of the duties
imposed upon it under the provisions of this Agreement without having first obtained the written
permission of both the City and Museum.
19. Default
Each and every term and condition hereof shall be deemed to be a material element of this
Agreement. In the event either party should fail or refuse to perform according to the terms of
this Agreement, such party may be declared in default thereof.
20. Remedies
In the event a party has been declared in default, such defaulting party shall be allowed a period
of ten (10) days within which to cure said default. In the event the default remains uncorrected,
the party declaring default may elect to (a) terminate the Agreement and seek damages; (b)
treat the Agreement as continuing and require specific performance; or (c) avail himself of any
other remedy at law or equity. If the non-defaulting party commences legal or equitable actions
against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the
non-defaulting party's reasonable attorney fees and costs incurred because of the default.
21. Law/Severability
The laws of the State of Colorado shall govern the construction interpretation, execution and
enforcement of this Agreement. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision of this Agreement.
22. Prohibition Against Employing Illegal Aliens
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Concessionaire represents and agrees that:
22.1 As of the date of this Agreement:
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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.
22.2 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.
22.3 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.
22.4 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 (3) 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 (3) 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.
22.5 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.
22.6 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.
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22.7 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.
23. Special Provisions
Special provisions or conditions relating to the services to be performed pursuant to this
Agreement are set forth in Exhibit " ", consisting of one (1) page, attached hereto and
incorporated herein by this reference.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day
and year first above written.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
TITLE
Date:_____________________________
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EXHIBIT
EQUIPMENT INVENTORY
(SUPPLIED BY THE MUSEUM)
ITEM 1: REACH IN REFRIGERATOR
Quantity: One (1)
ITEM 2: UNDERCABINET REFRIGERATOR
Quantity: One (1)
ITEM 3: UNDERCABINET ICE MAKER
Quantity: One (1)
ITEM 4: COFFEE GRINDER
Quantity: One (1)
ITEM 5: REFIRGERATED DISPLAY CABINET
Quantity: One (1)
ITEM 6: MICROWAVE
Quantity: One (1)
ITEM 7: CONVEYOR TOASTER
Quantity: One (1)
ITEM 8: REACH IN DISPLAY FREEZER
Quantity: One (1)
ITEM 9: REACH IN COLD DRINK DISPLAY REFRIGERATOR
Quantity: One (1)
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EXHIBIT
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 reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $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.
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EXHIBIT
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 Restaurant/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 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.
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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 Golf Division Administrative office. In order to expedite the processing time, the
Contractor may also FAX a copy or bring the original copy of the form to the golf Division
Administrative Aide. Once the Administrative Aide enters the form information into the
computer, 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 of the time that the Administrative Aide enters the information into the
computer. 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 the
City could receive a negative report after four days, and will address the situation at that
time.
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EXHIBIT
DISCLOSURE TO EMPLOYEE/VOLUNTEER
REGARDING PROCUREMENT OF A CONSUMER REPORT
(INCLUDING CRIMINAL HISTORY REPORT AND EMPLOYMENT HISTORY REVIEW)
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 (City) 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 the Contractor and/or the City 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)
Date of Birth: _______________ Social Security #:_______________________
Applicant's Address: _____________________City/State/Zip:___________________________
Signature:_____________________________
Signature of Parent or Guardian (if applicant is under age 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.
Give this disclosure with a copy of A Summary of Rights Under the Fair Credit Reporting Act to
applicant. Retain a copy of the release for your records, and provide a copy of the release to the
City of Fort Collins.
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EXHIBIT
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, __________________, swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
___ I am a United States citizen, or
___ I am a Permanent Resident of the United States, or
___ I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
___________________________ _______________
Signature Date