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HomeMy WebLinkAboutRFP - 8281 DOWNTOWN CONCESSIONAIRESRFP 8281 Downtown Concessionaires Page 1 of 19 REQUEST FOR PROPOSAL 8281 DOWNTOWN CONCESSIONAIRES The City of Fort Collins (City) is requesting proposals for outdoor concessionaire services in the Downtown Plan Area. 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, three (3) 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), April 18, 2016 and referenced as Proposal No. 8281. 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 Linda Samuelson at (970) 221-6246 or lsamuelson@fcgov.com. 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 Linda Samuelson, with a copy to Jill Wilson, no later than 5:00 PM our clock on April 8, 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. 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. 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 8281 Downtown Concessionaires Page 2 of 19 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 8281 Downtown Concessionaires Page 3 of 19 REQUEST FOR PROPOSAL 8281 DOWNTOWN CONCESSIONAIRES 1.0 Introduction The City is requesting proposals for outdoor concessionaire services in the Downtown Plan Area. Downtown concession site locations in the Downtown Plan Area are specified on attached Exhibit “A”- Site Map and Exhibit “B”- Vending Sites, both consisting of one (1) page each and incorporated herein by this reference. 2.0 Proposal Requirements Proposals shall be submitted using the attached Proposal Form, 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. Pictures and/or brochures are required to review the quality and suitability of the products. 2.2 Cart/Carriage Design Photographs, blueprints or design specifications of the mobile cart or carriage(s) must be submitted and clearly show the design and quality of the cart or carriage(s) and exact measurements of mobile food carts to be used. Include a description that specifies the type of materials used to make the mobile cart or carriage(s). Proposals shall be limited to ten (10) pages. Submittal of the Proposal Requirements does not guarantee award of a site. Proposals shall be evaluated using the criteria annotated in Section 5.0 of this RFP. In the event there is a tie in the evaluation scores of the proposals submitted among Concessionaires for a specific site, the City will award the site to the resident Concessionaire of that particular site. The City supports product variety and free market principles for all Concessionaires. Pursuant to this philosophy, the City may not restrict a Concessionaire’s site location and/or menu options due to the proximity of another Concessionaire offering similar/like items. 3.0 Scope of Services The following terms and conditions are incorporated in the Downtown Concession Agreement (Agreement), but are not all-inclusive. A sample copy of the Agreement, attached as Exhibit “C”, consisting of nine (9) 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. The Concessionaire is responsible for carefully reading all the terms and conditions contained within this RFP and attached sample Agreement, including Insurance Requirements. Any objections/modifications to these terms and conditions may result in rejection of the proposal. 3.1 Food Cart Requirements Concessionaires for locations in the Downtown Plan Area will be required to have a mobile cart; unless the site designated is for transportation related vending, such as horse-drawn carriage 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. RFP 8281 Downtown Concessionaires Page 4 of 19 During the Agreement term(s), 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, Concessionaires shall stay within the assigned space designated for outdoor vending in the Downtown Plan Area. Peripheral equipment such as tables, chairs and benches may not be used. The cart and merchandise is restricted to the assigned area. 3.2 Dates and Hours of Operation The Agreement will set forth the dates and hours of operation as mutually agreed upon by the parties. Specific conditions will be addressed in the Agreement, such as temperature and weather limitations. Day use is defined as 6:00 a.m. through 6:00 p.m. and night use is defined as 6:00 p.m. to 6:00 a.m. 3.3 Blackout Dates Concessionaire will not be allowed to operate on awarded site during the following special events in the downtown area: Old Town Car Show, Colorado Brewers Festival and New West Fest. If interested, 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 Agreement may not be transferred and/or assigned 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 to be removed from the concession site with all its contents 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. Concessionaire shall ensure the tarp does not cause a trip hazard. 3.8 Designated Locations and Boundaries The Concessionaire must stay within the designated ten (10) foot by ten (10) foot location. 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. RFP 8281 Downtown Concessionaires Page 5 of 19 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. Current requirements include State, County and City Sales and Use Tax licenses for any vending operation and a Larimer County Health Department license 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 shall be named as additional insured on the Concessionaire's general and automobile liability insurance policies for any claims arising out of work performed under the Agreement. The amount of insurance for EACH coverage, Commercial General and Automotive, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. 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 use of the vending site. Payment of the annual fee is due upon execution of the Agreement and prior to the anniversary date for subsequent renewals. In addition, food and beverage Concessionaires shall pay a monthly cleaning fee for power washing of their assigned vending site. The monthly cleaning fee for power washing of the site granted will be waived for the months of December, January and February. Cleaning fee is subject to change during term of Agreement based on frequency required with at least thirty (30) days’ prior notice to the Concessionaire. 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. Past due accounts may result in early termination of the Agreement. 3.12 Code of Conduct The Concessionaire’s conduct reflects directly on the City’s image, therefore the Concessionaire is required to uphold high standards of customer service, integrity and professional conduct and address customer complaints in a prompt and courteous manner. Concessionaire will also provide contact information to the City, updated as needed. Unacceptable conduct/behavior by the Concessionaire or Concessionaire’s staff may result in immediate or early termination of the Agreement. 4.0 Proposal and Award Information 4.1 Single Agreement The intent of the RFP is to select one (1) Concessionaire for each available time period (day and night) at each site. 4.2 Award If proposal is accepted, the City will enter into an Agreement with the awarded Concessionaire, as outlined on attached Exhibit C. RFP 8281 Downtown Concessionaires Page 6 of 19 4.3 Failure to Execute Agreement If awarded Concessionaire does not execute an Agreement, submit a copy of a certificate evidencing the insurance coverage required by the City and pay the annual concession fee within fifteen (15) days of submittal by the City, the City may give notice to the Concessionaire that the location will be offered to another Concessionaire for that location, call for new proposals, or leave the site vacant. 4.4 Reserve Right The City reserves the right to deny granting an Agreement to a Concessionaire at its’ sole discretion; including, but not limited to, the Concessionaire has had past breaches in Concession Agreements, misconduct and/or documented sales tax issues with the City. 4.5 Vacant Sites At the City’s sole discretion, vacant sites resulting from either no-bid or termination may be awarded by the City at any time or remain vacant. 5.0 Evaluation Criteria The following table shows the criteria and points to be used in the evaluation of proposals. The highest score for each location will be awarded that location for vending purposes. At the sole discretion of the City, interviews may be conducted. Criteria Points 1. Years of experience of 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. Years of experience of outdoor vending in the Fort Collins Downtown Plan Area on public or private property. 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. 3. Quality of Product and Suitability. 0 points for unacceptable 5 points for marginally acceptable 10 points for acceptable 4. Quality/Appearance of Cart/Carriage. 0 points for unacceptable 3 points for marginally acceptable 5 points for acceptable RFP 8281 Downtown Concessionaires Page 7 of 19 EXHIBIT A SITE MAP RFP 8281 Downtown Concessionaires Page 8 of 19 EXHIBIT B VENDING SITES Location Type of Vending Authorized Site Availability (AM/PM) Site 1 – Public ROW, NE corner of Mountain & College, facing Mountain Food, Beverage, Retail, Service PM use ONLY Site 2 – Public ROW, SE corner of Mountain & College, facing Mountain Food, Beverage, Retail, Service AM and PM Site 3 – Public ROW, SW corner of Mountain & College, facing Mountain Retail, Service AM and PM Site 4 – Public ROW, NE Corner of College & Oak, facing Oak Food, Beverage, Retail, Service AM and PM Site 5 – Public ROW, SE corner of College & Oak, facing Oak Food, Beverage, Retail, Service AM and PM Site 6 – NE corner of Mountain & Old Town Square Transportation ONLY AM and PM *PLEASE NOTE: Site location numbers noted above may have changed from previous Concessionaire Agreements. RFP 8281 Downtown Concessionaires Page 9 of 19 PROPOSAL FORM 8281 DOWNTOWN CONCESSIONAIRES (TO BE INCLUDED WITH PROPOSAL) Page 1 of 2 Concessionaire name and if applicable, business name: Name: ________________________________________________________________ Title: __________________________________________________________________ Business Name: _________________________________________________________ Address: _______________________________________________________________ ______________________________________________________________________ Phone: _________________________Email:__________________________________ Instructions for proposing a site:  Refer to the locations by site number found on Exhibit B of this RFP.  List first, second, and third choices for vending sites under the Site Number column below. To be considered for alternative sites, second or third choices must be specified.  Enter ‘Day’ or ‘Night’ under Day/Night column for desired time of operation.  Enter the desired day(s) of operation (i.e. Mon, Tues, Wed, etc.) under Minimum Days column.  Concessionaires wishing to conduct vending at more than one location must submit a separate proposal for each site. CHOICE SITE NUMBER DAY/NIGHT MINIMUM DAYS 1st ___ ________ 2nd ___ ________ 3rd ___ ________ I hereby acknowledge that I will comply with all conditions as stated and explained in RFP 8281 and to the Terms and Conditions of the attached sample Agreement, including all Insurance Requirements and Sales Tax payments. _______________________________________________________________________ Signature Date _______________________________________________________________________ Print Name RFP 8281 Downtown Concessionaires Page 10 of 19 PROPOSAL FORM 8281 DOWNTOWN CONCESSIONAIRES (TO BE INCLUDED WITH PROPOSAL) Page 2 of 2 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 and Cart/Carriage: Concessionaires are required to have a mobile cart, unless the site is designated for transportation related vending. 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. Provide pictures, schematics, or other data that will support and show the quality/appearance of the cart or carriage. Cart measurements must be included. The City reserves the right to inspect all equipment to make a determination that requirements and quality standards are met. RFP 8281 Downtown Concessionaires Page 11 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 _____, 2016, 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: 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 ____, 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. Section 3. Concession Operations The City hereby grants Concessionaire a concession for the use of the property described as: Site # __________ concession area (per Exhibit ) for outdoor vending. The Concessionaire shall have the exclusive right to operate an outdoor vending concession with this area in accordance with the Agreement. RFP 8281 Downtown Concessionaires Page 12 of 19 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. 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 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, unless the site is designated for transportation related vending. 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 RFP 8281 Downtown Concessionaires Page 13 of 19 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: Concessionaires shall be required to supply an acceptable trash receptacle to be removed from the concession site with all its contents 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 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. 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 ______. 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 RFP 8281 Downtown Concessionaires Page 14 of 19 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. At the City’s sole discretion, vacant sites resulting from either no-bid or termination may be awarded by the City at any time or remain vacant. C. This Agreement may not be enlarged, modified or altered except in writing, signed by the parties as an amendment hereto. 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. RFP 8281 Downtown Concessionaires Page 15 of 19 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 provided under this Agreement shall be effective when mailed, postage prepaid and sent to the above address. L. The Concessionaire’s conduct reflects directly on the City’s image, therefore the Concessionaire is required to uphold high standards of customer service, integrity and professional conduct and address customer complaints in a prompt and courteous manner. Concessionaire will also provide contact information to the City, updated as needed. Unacceptable conduct/behavior by the Concessionaire or Concessionaire’s staff may result in immediate or early termination of the Agreement. M. The City supports product variety and free market principles for all Concessionaires. Pursuant to this philosophy, the City may not restrict a Concessionaire’s site location and/or menu options due to the proximity of another Concessionaire offering similar/like items. 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. RFP 8281 Downtown Concessionaires Page 16 of 19 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. 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. RFP 8281 Downtown Concessionaires Page 17 of 19 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. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8281 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 $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. RFP 8281 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