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HomeMy WebLinkAboutRFP - 8297 CONCESSIONS EVENT BEVERAGE SERVICESRFP 8297 Concession – Event Beverage Services Page 1 of 19 REQUEST FOR PROPOSAL 8297 CONCESSION – EVENT BEVERAGE SERVICES LINCOLN CENTER AND FORT COLLINS MUSEUM OF DISCOVERY The City of Fort Collins (City) is requesting proposals from qualified and competent individuals or companies to operate an alcoholic and non-alcoholic event beverage concession at the Lincoln Center and The Fort Collins Museum of Discovery (FCMoD), using a Tavern License or a Hotel and Restaurant License, which is to be secured by the Concessionaire, in the Concessionaire's name. 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 26, 2016 and referenced as Proposal No. 8297. 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 proposals 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 RFP should be directed to Jack Rogers at (970) 416- 2289 or jrogers@fcgov.com and Cheryl Donaldson at (970) 416-2709 or cdonaldson@fcmod.org. Questions regarding RFP 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 Jack Rogers and Cheryl Donaldson, with a copy to Jill Wilson, no later than 5:00 PM our clock on May 13, 2016. 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. Commodity Code used for this RFP: 96115 Concessions, Catering, Vending: Mobile and Stationary A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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 8297 Concession – Event Beverage Services Page 2 of 19 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 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. 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 Purchasing Director RFP 8297 Concession – Event Beverage Services Page 3 of 19 REQUEST FOR PROPOSAL (RFP) 8297 CONCESSION – EVENT BEVERAGE SERVICES LINCOLN CENTER AND FORT COLLINS MUSEUM OF DISCOVERY 1.0 Introduction The City of Fort Collins (City) is requesting proposals from qualified and competent individuals or companies to operate an alcoholic and non-alcoholic event beverage concession at the Lincoln Center and The Fort Collins Museum of Discovery (FCMoD), using a Tavern License or a Hotel and Restaurant License, which is to be secured by the Concessionaire, in the Concessionaire's name. The premises covered in this RFP are the City of Fort Collins Lincoln Center (Lincoln Center), located at 417 West Magnolia, Fort Collins, Colorado and the City of Fort Collins Museum of Discovery (FCMoD), located at 408 Mason Ct., Fort Collins, Colorado 80524. The estimated annual gross revenue for concession operations at the Lincoln Center is $209,000 and $12,300 at the FCMoD. 2.0 Proposal Requirements Proposals shall be submitted using the following attached and incorporated forms: 1. Qualification Statement Form, as per Exhibit “A” 2. Proposal Form, as per Exhibit “B” The City reserves the right to reject any proposal omitting any Proposal Requirement or submitting incomplete information pursuant to the required forms. Proposals shall be evaluated using the criteria annotated in Section 4.0 of this RFP. 3.0 Scope of Services The following terms and conditions are incorporated in the Sample Concession Agreement (Agreement), attached as Exhibit “C”, consisting of ten (10) pages. Additional terms and conditions that are applicable to the Scope of Services can be found on the attached Agreement. The awarded Concessionaire must execute the Agreement before concession service can begin. The City may include additional terms and conditions in the Agreement as deemed necessary. The Concessionaire is responsible for carefully reading all the terms and conditions contained within this RFP and attached sample Agreement, including Insurance and Liquor License Requirements. Any objections/modifications to these terms and conditions may result in rejection of the proposal. 3.1 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 shall be named as additional insured on the Concessionaire's general, automobile and liquor liability insurance policies for any claims arising out of work performed under the Agreement. The amount of insurance for EACH coverage shall not be less than $1,000,000 combined single limits for bodily injury and property damage. 3.2 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 Lincoln Center and FCMoD; RFP 8297 Concession – Event Beverage Services Page 4 of 19 including, but not limited to, a Liquor License, Liquor Occupation Tax, Sales/Use Tax License, etc. Any such licenses or permits held by the Concessionaire in connection with the applicable 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. 3.3 Liquor License (Tavern License or Hotel and Restaurant License) It will be the responsibility of the Concessionaire to secure and complete all documents that are required for the Liquor License applications and it will be the responsibility of the Concessionaire to achieve approval of the license through the Liquor Licensing Authority of the City. The Liquor License must be secured and in effect before the service start date. The licensed premises shall include the entire Lincoln Center and FCMoD buildings including the parking lots and adjacent grounds. Selected Concessionaire MUST have submitted complete application for Liquor License to the City Clerk's office within one (1) week after execution date of Agreement. All costs of securing and maintaining a Liquor License will be borne by the Concessionaire. Typical costs include the following: investigation fee, City annual license fee, State annual license fee, extended hours permit fee (City and State) and City Occupational License Tax. Liquor licensing questions should be directed to: Aimee Jensen, Deputy City Clerk, (970) 221-6315. 4.0 Evaluation Criteria Firms 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 of Fort Collins reserves the right to select a vendor for this project on the basis of 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. Weighting Factor Qualification Standard 3.0 Scope of Proposal Does the proposal show an understanding of the special requirements of a concession operation in listed City Facilities? Are the products of suitable quality and pricing? 2.0 Qualifications Does the vendor have similar concession experience? 2.0 Concession Fee Amount proposed as a fee paid to the City. 2.0 Firm Capability Does the vendor have an experienced staff? Is the vendor financially stable? RFP 8297 Concession – Event Beverage Services Page 5 of 19 5.0 Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. Qualification Standard Overall Performance Would you hire this firm again? Timetable Did the vendor meet promised schedules? Completeness Has the company been responsive to client needs? Has the company anticipated problems? Were problems solved quickly and effectively? Cost Has original pricing been increased substantially? Job Knowledge Do firm and personnel have the necessary knowledge and skills? 6.0 Proposal Guidelines The City assumes no liability for any costs firms may incur in responding to this RFP; including but not limited to attending meetings, acquisition of licenses and/or contract negotiations. This RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City. In evaluating the proposals, the City may seek information from a Proposer to clarify their proposal. In that event, Proposer must submit written and signed clarifications and such clarifications shall become part of the proposal. RFP 8297 Concession – Event Beverage Services Page 6 of 19 EXHIBIT A 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 proposal your intended management arrangement. 5. References List three (3) references for entities in which you have provided similar services within the last two (2) years. RFP 8297 Concession – Event Beverage Services Page 7 of 19 EXHIBIT B PROPOSAL FORM Name: ________________________________________________________________ Title: __________________________________________________________________ Business Name: _________________________________________________________ Address: _______________________________________________________________ ______________________________________________________________________ Phone: _________________________Email:__________________________________ Concession Fee Proposal: The Concessionaire shall pay, annually, as rental to the City for concession operations at the Lincoln Center ______________ percent (___ %) of the gross sales from the concession operation and/or a fixed amount of $____________year. The Concessionaire shall pay, annually, as rental to the Fort Collins Museum of Discovery, a nonprofit Partner, ______________ percent (___ %) of the gross sales from the concession operation and/or a fixed amount of $____________year. Gross sales are defined as total concession sales excluding sales tax. I hereby acknowledge that I will comply with all terms and conditions as stated and explained in RFP 8297 Concession – Event Beverage Services and to the Terms and Conditions of the attached sample Agreement, including all Insurance and Liquor License Requirements. _______________________________________________________________________ Signature Date _______________________________________________________________________ Print Name RFP 8297 Concession – Event Beverage Services Page 8 of 19 EXHIBIT C 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 City of Fort Collins Lincoln Center, located at 417 West Magnolia, Fort Collins, Colorado and the Fort Collins Museum of Discovery (FCMoD), located at 408 Mason Ct., 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 will operate an alcoholic and non-alcoholic beverage concession at the Lincoln Center and FCMoD, using a Liquor License (Tavern License or a Hotel and Restaurant License) secured for each concession location by the Concessionaire and in the Concessionaire's name. A. The Concessionaire agrees to provide services in accordance with the Scope of Services as per Exhibit " ", consisting of pages. B. The Event Coordinators will collect client service requests for private events at the Lincoln Center and FCMoD and relay the information to Concessionaire. The Concessionaire will prepare the contracts based on information from both the Event Coordinator and the client. Clients shall pay the Concessionaire according to the agreement between the two parties. 4. Licenses, permits, and taxes The Concessionaire shall obtain and pay for all licenses, permits and taxes, required by law or necessary for the operation of the concession at the Lincoln Center and FCMoD; including, but not limited to, a Liquor License, Liquor Occupation Tax, Sales/Use Tax License, etc. Any such licenses or permits held by the Concessionaire in connection with the applicable 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 Lincoln Center and/or FCMoD, this Agreement shall become null and void RFP 8297 Concession – Event Beverage Services Page 9 of 19 as it is related to the Lincoln Center and/or FCMoD and both parties shall be released from further obligations under this Agreement. 6. Pricing All prices charged for beverages provided by the Concessionaire shall be approved by the City’s Representative as per Exhibit " ", consisting of page, and incorporated herein by this reference. 7. Equipment and Storage The Concessionaire shall be responsible for providing all supplies, inventory and miscellaneous equipment required to operate the concessions. The City will provide equipment at the Facilities per the attached list, Exhibit " " consisting of pages and incorporated herein by this reference. In addition, glassware rental must be available from Concessionaire upon request of City Facility users. The City will provide secure storage areas for limited inventory and equipment at the Lincoln Center and a refrigerator to store a limited amount of inventory at FCMoD. The City will not be liable for the loss of contents stored in City Facilities. 8. Maintenance The Concessionaire shall be required to provide all cleanup and maintenance connected with the sale or dispensing of alcoholic and non-alcoholic beverages at Facilities. Clean up includes removal of all drink containers including bottles and cups, and proper disposal into recycling or composting bins in the designated garbage collection area. The City shall pay all utility and trash removal costs in connection with the concession. 9. Sale of Alcoholic Beverages The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the Lincoln Center and/or FCMoD. No alcohol shall be dispensed or consumed in other areas not described herein. Alcohol shall be served only in connection with programs presented primarily for adult audiences. No alcohol shall be available for programs presented primarily for minor audiences. No advertising of alcoholic beverages will be displayed at the Lincoln Center and/or FCMoD at any time. At all scheduled conventions, meetings and conferences, the Concessionaire shall be limited to serving alcoholic beverages during the times specifically designated by the sponsor of the event. 10. Regulations and Administration The Concessionaire must conduct all concession operations in accordance with all applicable ordinances, laws, statutes, rules and regulations of any authority having lawful jurisdiction over the premises. This Agreement shall be administered by City Representatives; the Performing Arts Center Manager at the Lincoln Center and the Museum Directors at FCMoD. 11. Independent Contractor/Indemnification The Concessionaire is an independent contractor and not an employee of the City of Fort Collins. The City shall not be responsible for any liabilities of the Concessionaire arising out of the concession herein granted. The Concessionaire hereby agrees to indemnify, save and hold harmless the City and its officers, employees, agents and representatives from any and all liability or loss that may be incurred or claimed by any person as a result of injury to person or property, arising directly or indirectly out of the operation of the concession, including, without limitation, any debts incurred by the Concessionaire and any liability arising out of the Colorado Dram Shop Act, Section 13-21-103, C.R.S. RFP 8297 Concession – Event Beverage Services Page 10 of 19 12. Insurance Requirements Before commencing work under this Agreement, 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. The Service Provider 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 13. Assignment The Concessionaire shall neither assign any of the rights nor delegate any of the duties imposed upon it under the provisions of this Agreement without having first obtained the written permission of the City. 14. Default In the event the Concessionaire defaults in any performance required by this Agreement, and if such default is not corrected within five (5) days after written notice setting forth the same is delivered to the Concessionaire, then, at the option of the City, the Agreement may be terminated and, upon such termination, all rights the Concessionaire has in the concession shall immediately cease and terminate. 15. Rental and Reporting The Concessionaire shall pay annually, as rental to the City, $ for concession operations at the Lincoln Center and $ annually to the Fort Collins Museum of Discover, a Nonprofit Partner, for concession operations at the FCMoD. The Concessionaire will maintain daily sales records, itemized by type of beverage and payment, in an electronic format. The Concessionaire will give the Performing Arts Center Manager at the Lincoln Center a written report every thirty (30) days, detailing events sales. The Concessionaire will pay the City and FCMoD monthly the commission as agreed to in the contract, by the fifth day of each month. The Concessionaire will give the Performing Arts Center Manager an annual sales report, by January 31st of each year of the agreement, detailing sales by private events and by area for the Lincoln Center (First Level Main Lobby, Magnolia Theater Lobby, and Second Level Lobby). The Concessionaire will give the Museum Directors at the FCMoD quarterly sales reports, detailing sales by private events at the FCMoD. Failure to pay charges or provide reports may result in termination of the Concession Agreement. 16. Saving Clause If any term or provision of this Agreement is or becomes invalid or unenforceable by reason of a conflict with any applicable laws, statutes, ordinances, rules or regulations, such invalidity or unenforceability shall not affect or impair any other terms or provisions of this Agreement. 17. Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and RFP 8297 Concession – Event Beverage Services Page 11 of 19 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “Basic Pilot Program”) in order to confirm the employment eligibility of all newly hired employees. B. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor’s violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of pages, attached hereto and incorporated herein by this reference. RFP 8297 Concession – Event Beverage Services Page 12 of 19 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day and year first above written. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney CONCESSIONAIRE By: Printed: Title: Date: RFP 8297 Concession – Event Beverage Services Page 13 of 19 EXHIBIT SCOPE OF SERVICES A. Introduction The Concessionaire shall operate an alcoholic and non-alcoholic event beverage concession at the Lincoln Center and The Fort Collins Museum of Discovery (FCMoD), collectively “Facilities”, using a Tavern License or a Hotel and Restaurant License, which is to be secured by the Concessionaire, in the Concessionaire's name. The estimated annual gross revenue for concession operations at the Lincoln Center is $209,000 and $12,300 at the FCMoD. B. Concessionaire Requirements 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 for all contracted functions at FCMoD and the following areas at the Lincoln Center: three (3) fixed areas (First Level Main Lobby, Magnolia Theatre Lobby, and Second Level Lobby), and two (2) portable bar units. Concessionaire must be able to properly staff all areas and bar units simultaneously, as required by the City Representative and/or Event Coordinator. Concessionaire Requirements include: 1. Sale of Alcoholic Beverages The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the Facilities to patrons of or participants in such events unless approved in writing by the City. There shall be no service of alcoholic beverages to the general public at any time other than during a scheduled event. No alcohol shall be dispensed or consumed in the theatres or in the backstage areas at the Lincoln Center without permission of the Performing Arts Center Manager. The Lincoln Center plans to allow alcoholic and non- alcoholic beverages into the theatres for select performances. In connection with performing arts presentations at the Lincoln Center, beverage service shall be available for at least one hour before an event and during intermissions or at other times as requested by the Performing Arts Center Manager. No alcohol shall be dispensed or consumed in the FCMoD exhibition galleries, the Digital Dome or back of house areas without permission of the Executive Directors. Alcohol shall be served only in connection with programs presented primarily for adult audiences. No alcohol shall be available for programs presented primarily for minor audiences. At all scheduled conventions, meetings and conferences, the Concessionaire shall 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 at the Lincoln Center only with written permission by the Lincoln Center Performing Arts Center Manager. The Lincoln Center will allow non-profit presenters whose 501(c)3 shows a Fort Collins address to provide donated liquor in the lobbies in conjunction with their events/performances in the Performance Hall or the Magnolia Theater. The Lincoln Center will not allow any group renting a conference room space to use donated liquor for special events or receptions. Concessionaire agrees to coordinate with the City for all necessary legal obligations associated with the events at the Lincoln Center. RFP 8297 Concession – Event Beverage Services Page 14 of 19 Donated liquor is only permitted at FCMoD for use by FCMoD in connection with two (2) annual events at the FCMoD and will be coordinated and agreed upon by the parties in advance. Donated liquor is not allowed for any other events at FCMoD. 2. Private Events The Lincoln Center Event Coordinator will coordinate the service requests for private events between the customers and the Concessionaire. The Concessionaire will prepare the contracts based on information from both the client and the Event Coordinator. The FCMoD Event Coordinator will review customer requests to rent space for private events at the FCMoD and approved customer requests will be communicated to the Concessionaire by the FCMoD Event Coordinator and arranged between the customers and the Concessionaire. 3. Liquor License (Tavern License or Hotel and Restaurant License) It will be the responsibility of the Concessionaire to secure and complete all documents that are required for the Liquor License applications and it will be the responsibility of the Concessionaire to achieve approval of the license through the Liquor Licensing Authority of the City. The Liquor License must be secured and in effect before the service start date. The licensed premises shall include the entire Lincoln Center including the parking lot, all grounds, and terrace. The licensed premises at FCMoD shall include the entire FCMoD indoor facility and all adjacent grounds, including the Big Back Yard and the rooftop deck. Selected Concessionaire MUST have submitted complete application for Liquor License to the City Clerk's office within one (1) week after the execution date of the Agreement. All costs of securing and maintaining a Liquor License will be borne by the Concessionaire. Typical costs include the following: investigation fee, City annual license fee, State annual license fee, extended hours permit fee (City and State) and City Occupational License Tax. Liquor licensing questions should be directed to: Aimee Jensen, Deputy City Clerk, (970) 221-6315. Concessionaire must comply with all applicable laws, rules and regulations governing their activities and obtain all applicable licenses or permits. 4. Dress Code All Concessionaire staff shall be required to wear identical uniforms and display name tags at all times while on the premises, as approved by the City. 5. Advertising Any advertising by the Concessionaire at the Facilities requires the written permission of the City. 6. Hours The Concession Space and portable bar units must be fully staffed and operational during all scheduled events as required by the Performing Arts Center Manager at the Lincoln Center and the Executive Directors at the FCMoD. 7. Price Lists The Concessionaire shall be required to provide ample price lists to be distributed to Facilities patrons, in a format as approved by the City. The price list is not intended as a RFP 8297 Concession – Event Beverage Services Page 15 of 19 guide for the Concessionaire’s list, only as a temporary price list for the convenience of patrons. 8. Equipment and Storage In addition to the Concession Spaces, the City shall provide the following:  Equipment per the attached list, Exhibit “ ” consisting of pages and incorporated herein by this reference.  Lighting fixtures for general area illumination.  Heat and air conditioning.  Secure storage areas for limited inventory and equipment. The Concessionaire shall provide and pay for the following:  All telephones, cash registers, POS System, credit card machines and expanded security systems.  All supplies, inventory and miscellaneous equipment required to operate the concession.  Glassware rental must be available from Concessionaire upon request of City Facility users. 9. Utilities, Maintenance and Janitorial Duties 7.1 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. 7.2 Maintenance and Repair. The City shall maintain and repair the Facilities and City equipment and fixtures. Concessionaire shall submit all requests for repairs or maintenance to the City Representative. 7.3 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. 7.4 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 drink containers including bottles and cups, and proper disposal into recycling or composting bins in the designated garbage collection area, and removing trash accumulations to designated trash containers. 10. Miscellaneous The City retains the right to serve, independent of the Concessionaire, non-alcoholic beverages (i.e. punch, coffee, cider & soft drinks) at some City functions. The Concessionaire will be required to work in cooperation with catering services and vending machine services. The Concessionaire will be required to adhere to the City’s Sustainability Plan by using recyclable and/or compostable cups, napkins, stirrers and all other drinkware, as approved by the City. RFP 8297 Concession – Event Beverage Services Page 16 of 19 EXHIBIT EQUIPMENT INVENTORY The following Equipment will be supplied by the City. A. Lincoln Center ITEM 1: WASTE CABINET, WET/DRY Quantity: One (1) ITEM 2: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) ITEM 3: UNDERBAR HAND SINK UNIT Quantity: One (1) ITEM 4: UNDERBAR BOTTLE DISPLAY UNIT Quantity: One (1) ITEM 5: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) ITEM 6: UNDERBAR ICE BIN/COCKTAIL STATION Quantity: One (1) ITEM 7: UNDERBAR SINK UNITS Quantity: One (1) ITEM 8: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) ITEM 9: UNDERBAR SINK UNITS Quantity: One (1) ITEM 10: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: One (1) ITEM 11: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: One (1) 7. (L) Door hinged left. ITEM 12: ICE DISPLAY, BAR Quantity: One (1) ITEM 13: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: Two (2) ITEM 14: ICE DISPLAY, BAR Quantity: Two (2) ITEM 15: WASTE CABINET, WET/DRY Quantity: One (1) RFP 8297 Concession – Event Beverage Services Page 17 of 19 ITEM 16: UNDERBAR HAND SINK UNIT Quantity: One (1) ITEM 17: SODA GUN HOLDER & TUBING CHASE Quantity: Two (2) ITEM 18: UNDERBAR ICE BIN/COCKTAIL STATION Quantity: Two (2) ITEM 19: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) . ITEM 20: UNDERBAR SINK UNITS Quantity: One (1) ITEM 21: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: One (1) ITEM 23: ICE DISPLAY, BAR Quantity: Two (2) . ITEM 24: UNDERBAR DRAIN/WORKBOARD UNIT Quantity: One (1) ITEM 25: UNDERBAR ICE BIN/COCKTAIL STATION Quantity: Two (2) ITEM 26: UNDERBAR BOTTLE DISPLAY UNIT Quantity: One (1) ITEM 27: UNDERBAR SINK UNITS Quantity: One (1) ITEM 28: UNDERBAR SINK UNITS Quantity: One (1) ITEM 29: WASTE CABINET, WET/DRY Quantity: One (1) ITEM 30: UNDERBAR HAND SINK UNIT Quantity: One (1) ITEM 31: PORTABLE BAR UNITS Quantity: Two (2) ITEM 32: PORTABLE HAND SINK Quantity: One (1) ITEM 33: LARGE STORAGE REFRIGERATORS Quantity: Two (2) RFP 8297 Concession – Event Beverage Services Page 18 of 19 B. Fort Collins Museum of Discovery ITEM 1: PORTABLE BAR Quantity: One (1) ITEM 2: PORTABLE SINK Quantity: One (1) ITEM 3: FREEZER Quantity: One (1) ITEM 4: REFRIGERATOR Quantity: One (1) RFP 8297 Concession – Event Beverage Services Page 19 of 19 EXHIBIT INSURANCE REQUIREMENTS 1. The Concessionaire 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 Concessionaire 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 Concessionaire, 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 Concessionaire under this Agreement. The City, its officers, agents and employees and the Fort Collins Museum of Discovery, a non- profit partner, shall be named as additional insureds on the Concessionaire's general, automobile and liquor 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 Concessionaire shall maintain during the life of this Agreement for all of the Concessionaire'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 Concessionaire 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 Concessionaire 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. C. $1,000,000 Liquor Liability In the event any work is performed by a subcontractor, the Concessionaire 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.