PUBLIC NOTICE FOR A NON-PROFIT BEER GARDEN OPERATOR AT BOARDWALK
PARK FOR SUMMER CONCERT SERIES
PROPOSAL NUMBER TOW-PRC-2021-04
The Town of Windsor Parks, Recreation & Culture Department is requesting proposals from qualified and
competent non-profit organizations to operate a Beer Garden at Boardwalk Park for the Summer Concert
Series.
Vendors are invited to bid on the details listed below. Bids must be received by 12:00 pm
(MST) on Monday, February 1st at the following address:
Lexie Spykstra
Recreation Coordinator
Town of Windsor Parks, Recreation & Culture
250 N. 11th Street
Windsor, CO 80550
970-674-3510 phone
970-674-3535 fax
aspykstra@windsorgov.com
REQUEST FOR PORPOSAL #TOW-PRC-2021-04
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REQUEST FOR PORPOSAL #TOW-PRC-2021-04
PUBLIC NOTICE FOR A NON-PROFIT BEER GARDEN OPERATOR AT BOARDWALK
PARK FOR SUMMER CONCERT SERIES
Section 1.0: PROPOSAL REQUIREMENTS
1.1 General Description
The Town of Windsor is soliciting proposals from qualified and competent non-profit organizations to
operate a Beer Garden at the Summer Concert Series at Boardwalk 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.
b. Financial information.
c. Product information.
d. Other information requested.
e. References.
f.
Concession fee information.
(Exhibit A)
(Exhibit A)
(Exhibit A)
(Exhibit A)
(Exhibit A)
(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 Summer Concert Series at Boardwalk Park is a 12-week series during the Summer months that attracts
1,500 to 2,000 community members for each concert. Dates for 2021 are Thursdays from June 3rd through
August 19th. Concerts start at 6:30 p.m. and generally run until 8:30 p.m.
Section 3.0: SCOPE OF WORK
3.1 General
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
Windsor Liquor Licensing Authority. The license will need to be secured and in effect on or before April
1, 2021. The licensed premises shall include the designated fenced area at Boardwalk Park for alcoholic
beverages.
All costs of securing and maintaining an applicable liquor license will be borne by the non-profit
organization.
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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: CONCESSION FEE
As part of any response to this Request for Proposal, please provide a proposed concession fee or profit-
sharing model to be paid to the Town with a minimum of $2,000.
Section 5.0: EVALUATION
5.1: 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.
Weighting
Factor
3.0
Qualification
Scope of Proposal
2.0
Qualifications
1.0
Motivation
1.0
Concession Fee
2.0
Firm Capability
Standard
Does the proposal show an understanding of the required
services?
Is the vendor qualified to perform the services? Does the
vendor have similar concession experience?
Is the vendor interested in providing this service?
Amount paid to the Town
Does the vendor have an experienced staff? Is the
vendor financially stable?
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5.2 Reference Evaluation
The Town will check references using the following criteria, and evaluations will be marked as either
Satisfactory or Unsatisfactory.
5.3 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?
d. Job Skills-Did vendor personnel exhibit the necessary skills?
Section 6.0: PROPOSAL ACCEPTANCE
All proposals shall remain subject to initial acceptance ninety (90 days) after the day of submittal.
Section 7.0: PROPOSAL INSTRUCTIONS
7.1 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.
7.2 Taxes
The Town of Windsor 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.
7.3 Qualifications
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 Windsor, 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.
7.4 No Commitment by Town of Windsor
This Request for Proposal does not commit the Town of Windsor 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 Windsor 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.
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7.5 Insurance
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 &
Employers' Liability including
Occupations Disease Coverage
Comprehensive General Liability
Insurance
Statutory in conformance
with the compensation
laws of the State of Colorado
$250,000 each person;
$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.
7.6 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
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