HomeMy WebLinkAboutRFP - 8126 DOWNTOWN CONCESSIONAIRESRFP 8126 Downtown Concessionaires Page 1 of 19
REQUEST FOR PROPOSAL (RFP)
8126 Downtown Concessionaires
The City of Fort Collins (City) is accepting written proposals from qualified Concessionaires for
outdoor vending services in the Downtown Plan Area. This RFP is for one available daytime
sidewalk site as specified in this RFP, requiring a non-motorized cart.
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, two (2) 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), June 11, 2015 and referenced as Proposal No. 8126. 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 Linda Samuelson at (970)
221-6246 or lsamuelson@fcgov.com.
Questions regarding proposal 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 Linda Samuelson, with a copy to
Jill Wilson, no later than 5:00 PM our clock on June 1, 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
fcgov.com/purchasing
RFP 8126 Downtown Concessionaires Page 2 of 19
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 8126 Downtown Concessionaires Page 3 of 19
REQUEST FOR PROPOSAL (RFP)
8126 Downtown Concessionaires
SCOPE OF SERVICES
1.0 Introduction
The City of Fort Collins (City) is requesting proposals for outdoor concessionaire services in the
Downtown Plan Area. The available location is site #4 Public Row, SE corner of Mountain
and College Avenue intersection, for daytime use only. A map of all Downtown
Concessionaire site locations and boundaries of the Downtown Plan Area is attached as Exhibit
“A”, consisting of one (1) page and incorporated herein by this reference.
2.0 Proposal Requirements
Submit proposal using attached Proposal Form Exhibit “B”, consisting of two (2) pages and
incorporated herein by this reference, and include the following supporting documents:
2.1 Product Description, Quality and Suitability
The proposal must include a description of the products for sale and estimated prices.
Quality comparisons, statements, pictures and/or brochures are requested to review the
quality and suitability of the products.
2.2 Mobile Cart
Photographs, blueprints or design specifications of the mobile cart must be submitted and
clearly show the design and quality of the cart to be used. Include a description that
details the type of materials used to make the cart.
3.0 Mandatory Conditions
The following requirements will be contained in the Downtown Concession Agreement
(Agreement). A sample copy of the Agreement, attached as Exhibit “C”, consisting of ten
(10) pages and incorporated herein by this reference, must be executed between the
awarded Concessionaire and the City before concession service can begin. The City may
include additional terms and conditions in the Agreement as deemed necessary.
Concessionaire is responsible for carefully reading all the terms and conditions contained in
this RFP; including the terms and conditions contained in the attached sample Agreement,
exhibits or schedules to the RFP, and for all RFP instructions given. Any objections to these
terms and conditions may result in rejection of the proposal.
3.1 Carts Requirements
Concessionaires for locations in the Downtown Plan Area will be required to have a mobile
cart; unless it is designated for transportation related vending, such as horse-drawn buggy
rides. The cart may not exceed the size of four (4) foot wide, ten (10) foot long and eight
(8) foot high, excluding roof overhangs and wheels.
During the Agreement, the cart is subject to inspection by appropriate City staff. The
Agreement will address acceptable levels of maintenance and appearance. The cart must
be removed from the site when not in use.
For public safety reasons and to ensure proper transportation flow, each space that has
been designated for outdoor vending in the Downtown Plan Area will accommodate the
maximum size that is allowed. Peripheral equipment such as tables, chairs and benches
may not be used. The cart and merchandise is restricted to the approved area.
RFP 8126 Downtown Concessionaires Page 4 of 19
3.2 Dates and Hours of Operation
The Agreement will set forth the dates and hours of operation. Specific conditions will be
addressed in the Agreement, such as temperature and weather limitations. If alternative
hours are requested, they must be stated in proposal and agreed to by the City.
3.3 Blackout Dates
Concessionaire will not be allowed to operate on granted site during the following special
events in the downtown area: Old Town Car Show, Colorado Brewers Festival and New
West Fest. Dates for the 2015 season are: May 30th, June 27th, June 28th, August 14th,
August 15th and August 16th. Contact the Downtown Business Association (DBA) at (970)
484-6500 to receive an application for a site at these events. The DBA will work with
Concessionaires regarding the location of the site and a discounted booth rate.
3.4 Not Transferable
An unexpired Concessionaire Agreement may not be transferred to a new Concessionaire.
3.5 Signage
All signs on the concession cart must be approved by the City.
3.6 Power Source
Only propane is allowed as the power source for mobile cart operations. Portable
generators will not be permitted due to concerns regarding compatibility and noise.
3.7 Trash
Concessionaires shall be required to supply an acceptable trash receptacle and keep the
designated area clean of all trash generated by the concession within a hundred (100) foot
radius of the site. Food Concessionaires must use a tarp under cart to minimize grease
deposits.
3.8 Designated Locations and Boundaries
The Concessionaire must stay within the designated ten (10) foot by ten (10) foot location,
except for a tarp or other protective medium placed under cart to protect underlying
surface. Cart must be located in approved location on site and cannot impede pedestrian
flow on the sidewalk.
Surrounding trees or public property may not be utilized for display purposes or for the
purposes of expanding the concession site beyond its designated boundaries. Such action
may cause the Agreement to be null and void and the concession license to be canceled.
3.9 Licenses, Laws, Rules and Regulations
Concessionaires shall be required to comply with all applicable laws, rules and regulations
governing their activities and must obtain all applicable licenses or permits. Currently
required are State and City Sales and Use Tax licenses for any vending operation, and
Larimer County Health Department licenses for food or beverage operations.
3.10 Insurance Requirements
The awarded Concessionaire, before commencing services pursuant to the Agreement,
will be required to submit a copy of a certificate evidencing the insurance coverage
required by the City. The City, its officers, agents and employees shall be named as
additional insured on the Concessionaire's general liability and automobile liability
insurance policies for any claims arising out of work performed under the Agreement.
RFP 8126 Downtown Concessionaires Page 5 of 19
3.11 Sales Tax Returns and Payments
All sales tax returns and payments to the City associated with the concession operation
must be filed by their due date. No assessment fees, penalties or interest will be waived.
All Concessionaires shall pay the City an annual fee of $120 for the vending site. Payment
of the annual fee is due prior to the initial term date.
In addition, food and beverage Concessionaires shall pay a monthly cleaning fee for power
washing of their assigned vending site as determined by the City.
Monthly payments shall be paid to the City Sales Tax Office prior to the 10th of each month
for every month the Agreement is in force.
4.0 Evaluation Criteria
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
award the Concession Agreement based on written proposals 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.
Criteria
Points
1. Number of years experience outdoor
vending in Fort Collins or another city.
0 points for less than 1 year.
3 points for 1 year to less than 3 years.
7 points for 3 years to less than 5 years.
10 points for 5 years and over.
2. Number of years experience outdoor
vending in the Fort Collins Downtown Plan
Area on public or private property.
0 points for less than 1 year.
1 point for 1 year to less than 3 years.
3 points for 3 years to less than 5 years.
5 points for 5 years and over.
3. Quality of Product and Suitability.
0 points for unacceptable.
5 points for marginally acceptable.
10 points for acceptable.
4. Quality/Appearance of Equipment.
0 points for unacceptable.
3 points for marginally acceptable.
5 points for acceptable.
5. Payments to the City.
1 points for $120 annual fee only.
3 points for $120 plus 1% of gross receipts.
4 points for $120 plus 2% of gross receipts.
5 points for $120 plus 3% of gross receipts.
RFP 8126 Downtown Concessionaires Page 6 of 19
5.0 Proposal Outcome
5.1 Award and Selection Notification
Based on the results of the submitted Proposals, and optional interview sessions, a notice of
selection will be sent to all Proposers. Following selection, the City expects to enter into an
Agreement with the awarded Concessionaire, as outlined on attached Exhibit C.
5.2 Failure to Execute Agreement
If awarded Concessionaire does not execute an Agreement and submit a copy of a
certificate evidencing the insurance coverage required by the City within ten (10) days of
submittal by the City, the City may give notice to the Concessionaire that the location will be
offered to the next highest ranked Concessionaire for that location, call for new proposals, or
leave the site vacant.
5.3 Reserve Right
The City reserves the right to deny granting an Agreement to any Concessionaire who has
had past breaches in Concession Agreements and/or documented sales tax issues with the
City.
5.4 Vacant Sites
Vacant sites resulting from either no-bid or termination may be filled by the City at anytime
for the duration of the current one (1) year period. Responsible parties may be awarded
vacant sites at the City’s sole discretion.
RFP 8126 Downtown Concessionaires Page 7 of 19
EXHIBIT A
SITE MAP
RFP 8126 Downtown Concessionaires Page 8 of 19
EXHIBIT B
Proposal Form
(TO BE INCLUDED WITH PROPOSAL)
Page 1 of 2
Concessionaire name and if applicable, business name:
Name: ________________________________________________________________
Title: __________________________________________________________________
Business Name: _________________________________________________________
Address: _______________________________________________________________
______________________________________________________________________
Phone: _________________________Email:__________________________________
Available outdoor vendor site is as follows:
Site #4 Public Row, SE corner of Mountain and College Avenue intersection, for daytime
use only (6:00 AM to 6:00 PM).
Refer to the locations by site number found on Exhibit A of RFP 8126.
Indicate the minimum days of operation:_____________________________________
I hereby acknowledge that I will comply with all mandatory conditions as stated and explained in
RFP 8119, and to the Terms and Conditions of the attached Agreement sample, including all
Insurance requirements.
_______________________________________________________________________
Signature Date
_______________________________________________________________________
Print Name
RFP 8126 Downtown Concessionaires Page 9 of 19
EXHIBIT B
Proposal Form
(TO BE INCLUDED WITH PROPOSAL)
Page 2 of 2
Proposal will be evaluated based on the criteria found in Section 4.0 of RFP 8126.
Concessionaire should structure proposal in the same numerical order as listed below and
include the following:
1. Number of years experience outdoor vending in Fort Collins or another city.
If experience is not within the boundaries of the City of Fort Collins, include proof of
vending elsewhere and list a contact name or phone number for the City to verify. An
example of documentation would be copies of sales tax returns for individual years in
another city.
Number of years: ___________________________
2. Number of years experience outdoor vending in the Fort Collins Downtown Plan Area on
public or private property.
Number of years: ___________________________
3. Quality and Suitability of Product:
Include description and/or pictures of the products to be sold with estimated prices.
Quality comparisons, statements, pictures and/or brochures are requested to review the
quality and suitability of the products proposed.
4. Quality/Appearance of Equipment:
Concessionaires are required to have a mobile cart. The cart may not exceed the size of
four (4) foot wide, ten (10) foot long and eight (8) foot high, excluding roof overhangs
and wheels.
Include pictures, schematics, or other data that will support and show the
quality/appearance of equipment, including the cart.
The City reserves the right to inspect all equipment to make a determination that
requirements and quality standards are met.
5. Payments to the City:
The minimum that will be paid to the City, regardless of numbers of months operated, is the
$120 annual fee. In addition, food and beverage Concessionaires shall pay a monthly
cleaning fee for power washing of their assigned vending site.
Enter proposed payment by checking the appropriate amount:
$120 annual fee only ___________
$120 annual fee plus 1% of gross receipts ___________
$120 annual fee plus 2% of gross receipts ___________
$120 annual fee plus 3% of gross receipts ___________
RFP 8126 Downtown Concessionaires Page 10 of 19
EXHIBIT C
SAMPLE DOWNTOWN CONCESSION AGREEMENT
(For informational purposes, do not fill in or submit with proposal)
THIS AGREEMENT is made and entered into this __ day of _____, 2015, by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and
(Concessionaire).
WITNESSETH
WHEREAS, the City Council passed Ordinance No. 36, 1994, establishing the Downtown Plan
Area as a concession area for the sale of goods and services from outdoor locations; and
WHEREAS, the City has established various concession locations in the Downtown Plan Area;
and
WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts
from the City a concession for outdoor vending at:
Site # 4 Public Row, SE corner of Mountain and College Avenue intersection, for daytime use
only.
NOW THEREFORE, in consideration of the mutual covenants and obligations herein
expressed, the parties agree as follows:
Section 1. Contract Documents
The contract documents consist of this Agreement and Exhibits incorporated herein. These
form the contract, and are incorporated herein by this reference.
Section 2. Terms of the Agreement
A. This Agreement shall be effective from ____ until May 31, 2016, unless sooner
terminated as herein provided. Either party may terminate this Agreement without cause,
by providing written notice to the other party of its intention to terminate at least thirty (30)
days prior to the end of the then existing term.
B. In the event that the concession location can not be used because of improvements
being made at the concession location, this Agreement may be suspended on thirty (30)
days notice to the Concessionaire. The suspension shall continue until the improvements
are completed or it is determined that the location can no longer be used as a concession
site. The City will use a good faith effort to relocate the concession site if needed.
RFP 8126 Downtown Concessionaires Page 11 of 19
Section 3. Concession Operations
The City hereby grants Concessionaire a concession for the use of the property described as:
Site # _____4_____ concession area (per Exhibit ) for day use only outdoor vending.
The Concessionaire shall have the exclusive right to operate an outdoor vending concession
with this area in accordance with the Agreement.
A. Independent Contractor: The services to be performed by the Concessionaire are
those of an independent contractor and not as an employee of the City. The City shall not
be responsible for withholding any portion of Concessionaire's compensation hereunder
for the payment of FICA, Worker's Compensation or otherwise.
B. Records: The Concessionaire shall keep adequate and proper business records
of all expenses and receipts of the concession operations. At the request of the City, all
such business records shall be made open and available for inspection and audit by the
City of Fort Collins Treasury Division.
C. Monetary Provision: The Concessionaire agrees to pay the City an amount equal to
One-Hundred-Twenty-Dollars ($120) per site per year, plus _____ (__) percent of gross
receipts from the concession operations conducted pursuant to this Agreement. Gross
receipts shall include all revenues, excluding sales tax received by the concessionaire
from concession operations. All such gross receipt payments shall be paid to the City on
the same day that sales and use tax payments are due. However, the payments for the
concessions must be submitted separately. The $120 annual fee is due immediately upon
contract execution. Monthly payments shall be paid to the City Sales Tax Office prior to
the 10th of each month for every month the Agreement is in force.
D. Licenses: The Concessionaire shall obtain and pay for all licenses needed for the
operation of the concession including, but not necessarily limited to, a County Health
Department Food Services establishment inspection, City and State sales tax licenses.
Any such licenses held specifically by the Concessionaire in connection with this
Agreement shall be surrendered by the Concessionaire at the time of termination of this
Agreement.
E. Laws, Rules & Regulations: The operation of the concession granted under this
Agreement shall, at all times, conform with all applicable Federal, State, and local laws
and with all applicable rules and regulations adopted by the City or any of its Boards or
Departments.
F. Insurance/Indemnity: The Concessionaire shall indemnify, save and hold
harmless the City from all claims and losses, including costs and reasonable attorney’s
fees arising directly or indirectly out of the Concessionaire's use of the concession area or
RFP 8126 Downtown Concessionaires Page 12 of 19
operation of the concession. The Concessionaire shall maintain insurance as specified
within Exhibit . The Concessionaire, before commencing services hereunder, shall
submit to the City’s Purchasing Department, one (1) copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
G. Signage: All signs on the concession cart must be approved by the City. Signs
may be displayed in or on the cart only unless additional signage is approved by City staff.
H. Cart: The Concessionaire will be required to have a mobile cart. The cart may
not exceed the size of four (4) foot wide, ten (10) foot long and eight (8) foot high,
excluding roof overhangs and wheels. The design and appearance of the cart must
conform to the specifications described in Concessionaire’s proposal, unless otherwise
agreed to in writing by the parties before the cart may be used at the concession area.
The City reserves the right to approve any modifications, changes, or alternative cart. The
cart is subject to inspection by City. The cart must be maintained and repaired to the
City's satisfaction. The cart must be removed from the site when not in use.
I. Restrictions: Equipment such as tables, chairs, benches and displays not
attached to the cart may not be used except for items and equipment authorized, in
writing, by the City Representative. Merchandise must be restricted to the cart or
appropriate storage containers if authorized. Vendor area must not exceed 10 X 10 feet,
excepting only a tarp or other protective medium placed to protect underlying surface. Cart
must be located in approved location on site and cannot impede pedestrian flow on the
sidewalk.
J. Cleanliness: Concessionaire shall keep the concession area clean of all trash
within 100 foot radius of site. Food concessionaires must use a tarp under cart to
minimize grease deposits and pay site cleaning fee. Concessionaire shall pay _________
Dollars ($_____) per month cleaning fee for power washing of the site granted. The
monthly cleaning fee for power washing of the site granted will be waived for the months of
December, January and February. Cleaning fee subject to change during term of
agreement based on frequency required with at least thirty (30) days notice to the
Concessionaire.
K. Sales Tax Returns: All sales tax returns and Concessionaire payments to the City
associated with the concession operation must be filed by their due date. No assessment
fees, penalties or interest will be waived by the City.
L. Power Source: Propane shall be the only power source for mobile cart
operations. Portable generators will not be permitted due to concerns regarding
compatibility and noise.
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M. Stock: The Concessionaire shall maintain an adequate stock of supplies on hand
for all occasions in order to supply the need of parties desiring to patronize the concession
area.
N. Hours: The Concessionaire must keep the concession area open for business as
directed by the City. Days of operation shall be agreed to by both parties and the
minimum hours of operation must be maintained. Concessionaire has sole rights to the
concession area from 6:00 AM to 6:00 PM. Minimum days are:______________________
Concessionaire is not required to operate on national holidays or holidays recognized by
the City where City offices (except for emergency services offices) are closed.
O. Inclement Weather: The Concessionaire shall not be required to operate the
concession when it is raining, snowing, hailing, and abnormally windy or when the air
temperature is below 50 degrees Fahrenheit.
P. Product. The products authorized are as described in Concessionaire’s proposal
and agreed to by the City. The City will not pre-authorize new products but does reserve
the right to review any new products that may be added. This is to ensure that the new
products meet the same quality as those proposed in the original Request for Proposal.
Q. Blackout Dates. Concessionaire will not be allowed to operate on granted site during
the following special events in the downtown area: Old Town Car Show, Colorado Brewers
Festival and New West Fest. Dates for the 2015 season are: May 30th, June 27th, June
28th, August 14th, August 15th and August 16th. Contact the Downtown Business
Association (DBA) at (970) 484-6500 to receive an application for a site at these events.
The DBA will work with Concessionaires regarding the location of the site and a discounted
booth rate.
Section 4. General Conditions
A. The Concessionaire shall neither assign any of the rights nor delegate any of the
duties under the provisions of this Agreement without having first obtained the written
permission of the City. The Concessionaire shall not sublet any portion of the concession
area or allow any other person to take possession of any portion of the concession areas
without the written consent of the City.
B. Vacant sites resulting from either no-bid or termination may be filled at anytime for
the duration of the current contract term. Responsible parties will be awarded vacant sites
as acceptable proposals are received.
C. This Agreement may not be enlarged, modified or altered except in writing, signed
by the parties as an amendment hereto.
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D. No waiver of any breach of this Agreement shall be held or construed to be a
waiver of any subsequent breach thereof.
E. It is expressly understood and agreed by and between the parties hereto that in the
performance of the terms and conditions of this Agreement, time is of the essence.
F. The location assigned is not transferable to another vendor or Concessionaire.
G. Fixtures and Improvements:
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 appropriate City Department and shall supervise the
construction of said improvements.
2. Upon the termination of this Agreement the Concessionaire shall remove
any fixtures or improvements made by it to the concession area. However, the
concession area must be restored to as good a condition as the premises were
in at the time the Concessionaire took possession thereof.
H. This Agreement shall be binding upon and inure to the benefit of the heirs,
successors, and assigns of the parties hereto.
I. If either party must resort to legal action to enforce the terms of this Agreement, the
prevailing party shall be awarded its costs and reasonable attorney's fees.
J. Any notice required or desired to be given under this Agreement will be considered
delivered to the other party upon hand delivery or upon its deposit in the United States
mail, postage prepaid, sent by registered mail, addressed to the other
party at the following address:
City:
Concessionaire:
City of Fort Collins
Purchasing Division
P.O. Box 580
Fort Collins, CO 80522
K. Notwithstanding the time periods contained herein, either party may terminate this
Agreement at any time without cause by providing written notice of termination to the other
party. Such notice shall be delivered at least thirty (30) days prior to the termination date
contained in said notice unless otherwise agreed in writing by the parties. All notices
RFP 8126 Downtown Concessionaires Page 15 of 19
provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the above address.
Section 5. Default
A. The Concessionaire shall be in default under the terms and conditions of this
Agreement if the Concessionaire fails to cure the default within ten (10) days after written
notice setting forth the nature of the default is delivered to the Concessionaire.
B. In the event the default is not timely cured, the City may elect to (a) terminate this
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance or (c) avail itself of any other remedy at law or equity.
Section 6. 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.
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.
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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.
Section 7. Special Provisions
Special provisions or conditions relating to the services to be performed pursuant to this
Agreement are set forth in Exhibit " " Affidavit Pursuant to C.R.S. 24-76.5-103,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
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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
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
RFP 8126 Downtown Concessionaires Page 18 of 19
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 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 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 $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.
RFP 8126 Downtown Concessionaires Page 19 of 19
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