HomeMy WebLinkAbout- AGREEMENT MISC - VENDOR AGREEMENT CITY PICNIC 2022Official Purchasing Document
Last updated 5/6/2022
Vendor Agreement
City Employee Picnic 2022 Page 1 of 5
Vendor Agreement
Sunny Sky Pies (City Employee & Volunteer Picnic, 2022)
This Vendor Agreement between The City of Fort Collins and Sunny Sky Pies (Vendor) is made
effective as of July 8, 2022 and terminating upon receipt of final payment. This Agreement
describes the duties, obligations and rights of the parties regarding the 2022 City Employee
(“Event”) scheduled for August 4, 2022, at City Park.
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Service and Hours of Operation
Vendor shall provide 380 (minimum) meals for the City’s employee picnic on August 4, 2022,
in quantities set forth in Section 4 herein. Vendor shall remain open and operating while the
Event is open to employees and volunteers, generally, from 4:00 p.m. to 7:00 p.m., and is
responsible for providing adequate electricity to power up Vendor’s own equipment.
2. Set Up and Tear Down
Vendor shall set up for the Event no earlier than August 4, 2022, between 2:00 p.m. and
3:30 p.m. Tear down will be between 7:00 p.m. and 8:30 p.m. that day. No Vendor property
shall remain on the Event grounds after 10:00 p.m. on the Event date. Vendor is responsible
for arriving early enough to be ready for operation at the start of the Event.
3. Cross-Promotion
Vendor grants The City of Fort Collins permission to use and share Vendor’s logo in efforts
to promote and document the Event.
This is as close to a zero-waste event as possible. If Vendor chooses to use a product
designed and/or intended for one-time use the product should be 100% compostable and
made of paper without any waxing coatings (No PLA) when possible. If Vendor has
questions about a product, Vendor shall contact the City of Fort Collins Environmental
Planner prior to the Event.
4. Payment
The City shall provide Vendor with space at the Event for zero cost ($0.00), and attendees
of the Event will obtain their own food items from Vendor with City-supplied tokens and/or
paper tickets. The City will make an initial payment to the Vendor equal to the minimum
payment amount of $4 for dessert-type food to Vendor. The City will reimburse the Vendor
upon exchange of City-supplied tokens and/or paper tickets for the balance due up to the
maximum allowed reimbursement as defined below. Such payment will be made within ten
(10) business days after the Event.
Vendor is a dessert-type food truck and must be able to serve up to 400 portions. The City
will guarantee a minimum payment of $1,520, or the equivalent of 380 serving at $4/portion
and shall thereafter pay for each portion served up to a maximum allowed serving of 400
DocuSign Envelope ID: 494CD782-2F5C-494B-988C-020E8EE58F15
Official Purchasing Document
Last updated 5/6/2022
Vendor Agreement
City Employee Picnic 2022 Page 2 of 5
portions at $4/portion. In the event Vendor serves the maximum serving of 400 portions and
Vendor has portions remaining, each dessert-type food truck shall retain the ability to accept
cash for portions. In no event will the City pay the Vendor more than the maximum number
of servings of 400 or $1,600.
5. Independent Contractor
The services to be performed by Vendor are those of an independent contractor and not of
an employee of the City of Fort Collins. The City shall not be responsible for withholding
any portion of Vendor’s compensation hereunder for payment of FICA, Workmen’s
Compensation or other taxes or benefits or for any other purpose.
6. Compliance with Law
Vendor shall be responsible for complying with all applicable laws, including but not limited
to all sales tax and licensing obligations.
7. Liability
Vendor 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, resulting from or occurring in connection with the
performance of any service hereunder.
8. Entire Agreement
This Agreement, along with all exhibits and documents incorporated herein, shall constitute
the entire agreement of the parties. Covenants or representations not contained in this
Agreement shall not be binding on the parties.
9. Choice of Law/Severability
The laws of the State of Colorado shall govern the construction interpretation, execution
and enforcement of this Agreement. In the event any provision of this Agreement shall be
held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision of this Agreement.
10. Insurance
Without limiting any of Vendor’s obligations hereunder, Vendor shall provide and maintain
insurance coverage and shall provide a certificate of insurance naming the City additional
insured under this Agreement of the type and with the limits specified in Exhibit A.
11. Prohibition Against Unlawful Discrimination.
The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders
that it will affirmatively ensure that any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full and fair opportunity to submit bids
DocuSign Envelope ID: 494CD782-2F5C-494B-988C-020E8EE58F15
Official Purchasing Document
Last updated 5/6/2022
Vendor Agreement
City Employee Picnic 2022 Page 3 of 5
in response to this invitation and will not be discriminated against on the grounds of race,
color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless
of gender identity or gender expression), race, color, religion, creed, national origin,
ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic
information, or other characteristics protected by law. For the purpose of this policy “sexu al
orientation” means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in violation of the
above policy or participating in an employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party vendors and their subcontractors at every tier.
12. Governmental Immunity Act.
No term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the notices, requirements, immunities, rights, benefits,
protections, limitations of liability, and other provisions of the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law.
13. Public Contracts for Services.
Where applicable, the Service Provider verifies, warrants, and agrees that it is aware of, and
shall comply with, C.R.S. Sec. 8-17.5-101 and -102 in its employment, contracting and
subcontracting practices with respect to performing work under this Agreement. In the event
the Service Provider fails to comply with any requirements of C.R.S. Sec. 8-17.5-101 and -
102, the City may terminate this Agreement for breach and, if so terminated, the Service
Provider shall be liable for actual and consequential damages.
14. Colorado Open Records Act.
The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This
Agreement is subject to public disclosure in whole pursuant to CORA.
DocuSign Envelope ID: 494CD782-2F5C-494B-988C-020E8EE58F15
Official Purchasing Document
Last updated 5/6/2022
Vendor Agreement
City Employee Picnic 2022 Page 4 of 5
By their signatures below, the parties agree to the terms and conditions of this Agreement.
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
Sunny Sky Pies
By:
Printed:
Title:
Date:
DocuSign Envelope ID: 494CD782-2F5C-494B-988C-020E8EE58F15
Owner
Erin Margenau
7/6/2022
7/7/2022
Official Purchasing Document
Last updated 5/6/2022
Vendor Agreement
City Employee Picnic 2022 Page 5 of 5
EXHIBIT A
INSURANCE REQUIREMENTS
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.
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.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
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 by marking the appropriate
box or adding a statement to this effect on the certificate, for any claims arising out of work
performed under this Agreement.
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. Workers' Compensation & Employer’s Liability insurance
shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate,
and $100,000 disease each employee, or as required by Colorado law.
B. General Liability. The Service Provider shall maintain during the life of this Agreement
such General Liability 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 General
Liability, shall not be less than $1,000,000 combined single limits for bodily injury and
property damage.
C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement
such 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 Automobile Liability, 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.
DocuSign Envelope ID: 494CD782-2F5C-494B-988C-020E8EE58F15