REQUEST FOR PROPOSAL
PUBLIC NOTICE FOR A NON PROFIT BEER GARDEN OPERATOR AT WELLINGTON COMMUNITY PARK FOR 2022 4TH OF JULY FESTIVAL
Section 1.0: PROPOSAL REQUIREMENTS
1.1 General Description
The Town of Wellington is soliciting proposals from qualified and competent non-profit organizations to operate a Beer Garden at the 2022 4th of July Festival at Wellington Community Park, under their own license.
1.2 Proposal Submittal
Firms submitting proposals shall submit a copy of the proposal with the following information:
a. Experience in operations. (Exhibit A)
b. Financial information. (Exhibit A)
c. Product information. (Exhibit A)
d. Other information requested. (Exhibit A)
e. References. (Exhibit A)
f. Concession fee information. (Exhibit B)
A duly authorized representative of the firm submitting the proposal must sign the proposal. The signature shall include the title of the individual signing the proposal.
Section 2.0: BACKGROUND
The 2022 4th of July Festival at Wellington Community Park is an annual celebration that attracts 8,000 to 15,000 community members every year. The date for the event is July 4, 2022 and the festival will run from 11am – 6pm.
Section 3.0: SCOPE OF WORK
The Concessionaire will be responsible for providing the beer and beverages, mixes, set up that meets applicable Health Department regulations, security, and any other supplies and equipment necessary for the concession operation for all contracted functions. The concessionaire will provide a minimum of 5 volunteers for set up and tear down of the event.
3.2 Liquor License
It will be the responsibility of the non-profit organization to secure and complete all documents that are required for the applicable liquor license and to use due diligence in pursing approval of that license by the Wellington Liquor Licensing Authority. The license will need to be secured and in effect on or before May 1, 2022. The licensed premises shall include the designated fenced area at Wellington Community Park for alcoholic beverages.
All costs of securing and maintaining an applicable liquor license will be borne by the non-profit organization.
3.3 Concession Agreement
The Concessionaire will be required to enter into a concession agreement in a form substantially consistent with the sample of a Concession Agreement. The Concessionaire must obtain all necessary business and sales tax licenses and submit copies of such licenses with the final Concession Agreement.
Section 4.0: EVALUATION
4.1 Evaluation and Assessment of Proposal
The Town shall rank all applicants based on their written proposals using the ranking system set forth below. Evaluations shall be based on the following criteria:
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the qualification.
The award may be based on written evaluations and/or interviews, solely at the discretion of the Town.
4.2 Reference Evaluation
The Town will check references using the following criteria, and evaluations will be marked as either Satisfactory or Unsatisfactory.
4.3 Qualification and Standard
a. Overall Performance - Would you hire this vendor again?
b. Schedules- Did the vendor meet promised schedules?
c. Problems- Did the vendor anticipate problems? Were problems solved quickly and effectively? Were they flexible and adaptable to challenging situations?
d. Job Skills- Did vendor personnel exhibit the necessary skills?
Section 5.0: PROPOSAL ACCEPTANCE
All proposals shall remain subject to initial acceptance ninety (90 days) after the day of submittal.
Section 6.0: PROPOSAL INSTRUCTIONS
6.1 Proposal Opening and Award
Proposals will be examined promptly after the deadline. An abstract of all proposals will be provided upon request. No proposal may be withdrawn for a period of forty-five (45) calendar days of the proposal opening date.
The Town of Wellington is exempt from town, county, state and federal sales/excise taxes. Certificates will be issued upon request. Any appropriate taxes shall be shown as a separate item in proposals. The successful Concessionaire will be required to pay sales tax.
No proposal shall be accepted from, and no contract will be awarded to any person, firm or corporation that is in arrears to the Town of Wellington, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the Town or that is deemed irresponsible or unreliable by the Town.
6.4 No Commitment by Town of Wellington
This Request for Proposal does not commit the Town of Wellington to award any costs or pay any costs, to award any contract, to pay any costs associated with or incurred in the preparation of a proposal pursuant to the Request for Proposal, or to procure or contract for services or supplies. In acceptance of proposals, the Town of Wellington reserves the right to negotiate further with one or more of the proposers as to any features of their proposals and to accept modifications of the work and price when such action will be in the best interest of the Town. This includes solicitation of a best and final offer from one or more of the proposers.
The successful Concessionaire shall, during the term of the Concession Agreement, unless sooner terminated by the provisions thereof, provide and maintain the following types and minimum insurance coverage as follows:
Type of Insurance Minimum Limits of Liability
Standard Workers' Compensation & Statutory in conformance Employers' Liability including with the compensation
Occupations Disease Coverage laws of the State of Colorado
Comprehensive General Liability $250,000 each person;
Insurance $1,000,000 each occurrence
The successful Concessionaire shall effect the insurance policies in a company or companies and in a form satisfactory to the Town. Before commencing any performance under the Concession Agreement, the successful Concessionaire shall deliver, to the Town, certificates of insurance issued by the insurance company, and/or its duly authorized agents pertaining to the aforementioned insurance, and certifying that the policies stipulated above are in full force and effect.
All policies and/or certificates of insurance shall include the Town as an additional named insured. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Town may be entitled pursuant to the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S.
6.6 Service Provider's certification pursuant to C.R.S. section 8-17.5-101 et seq.
Service Provider certifies and represents that at this time:
(i) Service Provider does not knowingly employ or contract with an illegal alien; and
(ii) Service Provider has participated in the E-VERIFY program authorized under 8 U.S.C., Section 1324(a), jointly administered by the United States Department of Homeland Security and the Social Security Administration, or its successor program (hereinafter, "E-VERIFY Program"), in order to confirm the employment eligibility of all employees who are newly-hired for employment within the United States. Unless the E-VERIFY Program has been discontinued as of the date of this certification, Service Provider has confirmed the employment eligibility of all employees who are newly hired for employment in the United States through participation in the E-VERIFY program. Service Provider is prohibited from using the E-VERIFY Program procedures to undertake pre-employment screening of job applicants while this Contract is being performed.
(iii) If Service Provider obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, Service Provider shall:
(1) Notify such subcontractor and the Town within three days that Service Provider 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 Service Provider 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.
Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
If Service Provider violates any provision of this Contract pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Town may terminate this Contract. If this Contract is so terminated, Service Provider shall be liable for actual and consequential damages to the Town arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
Service Provider acknowledges the enforcement provisions of § 8-2-124, C.R.S., and further acknowledges that employment of illegal aliens in violation thereof may result in loss of Service
Provider's "business license" as defined therein, together with such other enforcement measures as authorized by law.
6.7 Proposal Rejection or Partial Acceptance
The Town reserves the right to reject any or all proposals. The Town further reserves the right to waive technicalities and formalities, as well as to accept, in whole or in part, any proposal where it is deemed advisable in protection of the best interests of the Town.
6.8 Laws and Regulations
All applicable state and federal laws, town and county ordinances, licenses and regulations are incorporated herein by reference and shall apply to the award throughout.
No portion of the successful proposal may be subcontracted without the prior written approval of the Town.
Section 7.0: ADDITIONAL TERMS AND CONDITIONS
7.1 Modification of Agreement
No modification of award shall be binding upon the Town unless made in writing and signed by authorized agents of both parties.
Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent, or in the event that such party makes an assignment for the benefit of creditors.
7.3 Equal Opportunity
The Concessionaire will agree not to refuse to hire, discharge, promote, demote, or otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry or physical handicap.
It shall be a condition that the successful Concessionaire must comply with the appropriate areas of the Americans with Disabilities Act of 1990 as enacted, and as amended from time to time, and any other applicable federal regulation. A signed, written certificate stating compliance with the Americans with Disabilities Act may be required, upon request, by the Town.
7.4 Proprietary Information
All information included in any proposal that is of a proprietary nature must be clearly marked as such. The Town shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposer.
TOWN OF WELLINGTON
QUALIFICATION STATEMENT FORM
PUBLIC NOTICE FOR A NON PROFIT BEER GARDEN OPERATOR AT WELLINGTON COMMUNITY PARK FOR 2022 4TH OF JULY FESTIVAL
On a separate sheet, please provide information on your financial ability to operate this concession.
On a separate sheet, provide concession-operating experience of yourself and your staff.
On a separate sheet, list the products you intend to serve along with proposed prices.
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 such interest on a separate sheet.
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 that is contingent or conditional, in any way, upon volume, profit, sales, and giving of advice or consultation.
List references for entities for which you have provided similar services within the last two (2) years.