HomeMy WebLinkAboutSOLARIS EYEWEAR - CONTRACT - RFP - P1020 DOWNTOWN CONCESSIONAIREDOWNTOWN CONCESSION AGREEMENT
THIS AGREEMENT is made and entered into this 8th day of May, 2007, by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and SOLARIS
EYEWEAR, an LLC (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:
Site # 1 — Mountain & College intersection, southeast of Beau Jo's 102E Mountain by
newspaper stands. For day use only.
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 A & B incorporated herein by
this reference. These form the contract, and are incorporated herein by this reference.
Section 2. Terms of the Agreement
A. This Agreement shall be effective from the date of the Agreement as entered above,
until May 31, 2008, unless sooner terminated as herein provided. The City may, at its
option, renew the Agreement for additional one (1) year terms, to a maximum of three (3)
additional one year terms.
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 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.
EXHIBIT "B"
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:
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 rife 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 $500,000 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.
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EXHIBIT $&C"
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, rev , swear or affirm under penalty of perjury under the laws of the
State of Coloraddthat (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.
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Signature- Date
INTERNAL USE ONLY Valid forms of identification
current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
---current Colorado identification card
---U.S. military card or dependent identification card
---U.S. coast guard merchant mariner card
---Native American tribal document
The following forms of identification may be accepted through February 28, 2007*
---original birth certificate from any state of the United States
---certificate verifying naturalized status by U.S. with photo and raised seal
---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
---order of adoption by a U.S. court with seal of certification
---valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, Hl, IL,
MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI
---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with
current 1-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired
Resident Alien card, Permanent Resident card or Employment Authorization card
*A waiver may be available where no identification exists or can be obtained due to a medical
condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's
license. Contact your department director.
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Section 3. Concession Operations
The City hereby grants Concessionaire a concession for the use of the property described as:
Site # 1 — Mountain S College intersection, southeast of Beau Jo's 102 E. Mountain by
newspaper stands concession area (per Exhibit A) for day use only outdoor vending. The
Concessionaire shall have the exclusive right to operate an outdoor vending concession within
this area in accordance with the agreement.
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 ($120.00) per year, plus zero (0) percent of gross receipts
from the concession operations conducted pursuant to this Agreement. Gross receipts
shall include all revenues, excluding sales tax received by the concessionaire from
concession operations. All such gross receipt payments shall be paid to the City on the
same day that sales and use tax payments are due. However, the payments for the
concessions must be submitted separately. The $120 annual fee is due prior to June 1 st in
the initial term or any renewal term. 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.
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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 commercial liability
insurance in the amount of $500,000 combined single limits naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit B. The Concessionaire before commencing services hereunder, shall deliver to
the City's Director of Purchasing and Risk Management, P.O. Box 580, Fort Collins, CO
80522, 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. 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 cart must be maintained and repaired to the
City's satisfaction. The cart must be removed from the right-of-way 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 & 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: Concessionaire shall supply a trash receptacle and keep the
concession area clean of all trash within 100 foot radius of site. Food concessionaires
must use a tarp under cart to minimize grease deposits and pay site cleaning fee.
Concessionaire shall pay Zero Dollars ($0) per month cleaning fee for power washing of
the site granted. Vendors at sites which are split between day and night operations with
another food and beverage vendor shall pay % of power washing fee. Cleaning fee subject
to change during term of agreement based on frequency required with at least thirty (30)
days notice to the Concessionaire.
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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: If the Concessionaire needs electrical power the Concessionaire
must provide for such power through the City Light & Power Department at the
Concessionaire's expense. Arrangements to supply power to the concession area must
be reviewed with the appropriate City departments. 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. Minimum hours are:
Two (2) to four (4) hours between 10:00am and 6:00pm Monday thru Sunday.
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 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 in granted site
during the following special events in the downtown area: Old Town Car Show, Colorado
Brewers Festival and New West Fest. Dates for 2007 are June e, June 23'd and June
24'", and August 17"', 18"' and 1 e. Contact the Downtown Business Association (DBA) at
(970) 484-6500 to receive an application for a site at these events, and event dates for
subsequent years of this contract. The DBA will work with concessionaires regarding the
location of the site and a discounted booth rate.
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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. Vacant sites resulting from either no -bid or termination may be filled at anytime for
the duration of the current one (1) year period. Responsible parties will be awarded
vacant sites as acceptable proposals are received. The city may, at its option, renew the
Agreement for the formerly vacant sites for additional one (1) year periods not to exceed
the balance of the four (4) additional periods remaining for this Agreement.
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.
H. This Agreement shall be binding upon and inure to the benefit of the heirs,
successors, and assigns of the parties hereto.
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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:
City of Fort Collins
Purchasing Division
P.O. Box 580
Fort Collins, CO 80522
Concessionaire:
Solaris Eyewear, LLC
Attn: Heather Bowyer
P.O. Box 272610
Fort Collins, CO 80527
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 fifteen (15) 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.
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.
Section 6. 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
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
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United States Department of Homeland Security (the "Basic Pilot Program") in order
to verify that Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to perform works
under this Agreement or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract 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:
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.
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.
Section 7. Special Provisions.
Special provisions or conditions relating to the services to be performed pursuant to this
Agreement are set forth in Exhibit "C" Affidavit Pursuant to C.R.S. 24-76.5-103,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
City: Concessionaire:
City of Fort Collins Solaris Eyewear, LLC
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Ja es B.. O'Neill II, CPPO, FNIGP
Dir r of Purchasing and Risk Management
Date:
Title: (� o.) ✓I Pik
Date: 46IL& /"
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