The URL can be used to link to this page

Home My WebLink AboutLOPIONOS DELI AND CATERING - CONTRACT - RFP - P644 CONCESSIONAIRE SENIOR CENTERSENIOR CENTER CONCESSION AGREEMENT THIS AGREEMENT, made and entered into this 11th day of March, 1998, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City," and Sandy Farnsworth, an individual, dba LOPIANO'S CATERING hereinafter referred to as "Concessionaire " WITNESSETH: 1. Premises covered by concession agreement The premises covered by this Agreement shall be the City of Fort Collins Senior Center located at 1200 Raintree Drive, Fort Collins, Colorado, including all areas of the Senior Center and the parking lot, patio, adjacent terrace, lounge, and courtyard located on the northwest side of the building 2. Term The initial term of this Agreement shall begin on June 1, 1998, and end May 31, 1999 unless terminated sooner as herein provided At the sole discretion of the City of Fort Collins this Agreement may be extended for additional one-year terms, up to four (4) additional one-year terms Written notice of renewal will be provided to the Concessionaire and mailed no later than 30 days prior to contract end 3. Services The Concessionaire will operate an alcoholic and non-alcoholic beverage concession at the Senior Center, using a Liquor License (Tavern License or a Hotel and Restaurant License) secured by the Concessionaire and in the Concessionaire's name Individuals or organizations hosting events at the Senior Center and desiring to use the Concessionaire's services shall be responsible for entering into an agreement with the Concessionaire for such services Hosts shall be responsible for all event coordination with the Concessionaire Hosts shall pay the Concessionaire according to the agreement between the two parties 4 Licenses, permits, and taxes The Concessionaire shall obtain and pay for all licenses, permits and taxes, required by law or necessary for the operation of the concession at the Senior Center, including but not limited to a Liquor License, Liquor Occupation Tax, Sales/Use Tax License, etc Any such licenses or permits held by the Concessionaire in connection with the concession are to be surrendered by the Concessionaire at the time of termination of the Agreement and the Concessionaire expressly agrees to surrender all of such licenses or permits and not oppose any new license or permit applications by such person as the City may select The Concessionaire shall collect and remit sales taxes on all taxable sales in the manner prescribed by law City of Fort Collins, CO 5 Contingency In the event the Concessionaire is not able to obtain all licenses and permits required to operate the concession at the Senior Center, this Agreement shall become null and void and both parties shall be released from further obligations under this Agreement 6. Pricing All prices charged for beverages provided by the Concessionaire shall be approved by the City's Representative The Concessionaire shall provide sufficient numbers of price lists to fulfill customer requests for such lists 7. Equipment and Storage The Concessionaire shall be responsible for providing all supplies, linens, inventory and equipment, including cold storage required to operate the concession In addition, glassware rental must be available from Concessionaire upon request of Senior Center users 8. Dress Code All Concessionaire staff shall be required to be in a uniform approved by the City's Representative 9. Maintenance The Concessionaire shall be required to provide all cleanup and maintenance connected with the sale or dispensing of alcoholic and non-alcoholic beverages at the Senior Center However, the City shall pay all utility and trash removal costs in connection with the concession 10. Sale of Alcoholic Beverages The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the Senior Center No alcohol shall be dispensed or consumed in other areas not described herein Alcohol shall be served only in connection with progrars presented primarily for adult audiences No alcohol shall be available for programs presented primarily for minor audiences No advertising of alcoholic beverages will be displayed at the Senior Center at any time At all scheduled conventions, meetings and conferences, the Concessionaire shall be limited to serving alcoholic beverages during the times specifically designated by the sponsor of the event Donations of liquor by the Concessionaire to the City for fund raising events is permitted P-664, Senior Center Concession Agreement Page 2 0 C, y of Fort Collins, CO 11. Regulations and Administration The Concessionaire must conduct all concession operations in accordance with all applicable ordinances, laws, statutes, rules and regulations of any authority having lawful jurisdiction over the premises This Agreement shall be administered by the City's Representative, Stephanie Howell, 221-6113, or other person designated in writing by the Purchasing Director 12. Independent Contractor/Indemnification The Concessionaire is an independent contractor and not an employee of the City of Fort Collins The City shall not be responsible for any liabilities of the Concessionaire arising out of the concession herein granted The Concessionaire hereby agrees to indemnify, save and hold harmless the City and its officers, employees, agents and representatives from any and all liability or loss that may be incurred or claimed by any person as a result of injury to person or property, arising directly or indirectly our of the operation of the concession, including, without limitation, any debts incurred by the Concessionaire and any liability arising out of the Colorado Dram Shop Act, Section 13-21-103, C R S 13. Insurance The Concessionaire shall carry adequate liability insurance to cover its operation of the concession in at least the following limits $500,000 combined single limit - General liability $300,000 liquor liability The Concessionaire shall cause the City to be named as an additional insured on any such liability insurance policy, shall obtain and deliver to the City a certificate of such insurance and shall obtain an endorsement stating that such insurance shall not be cancelable except on notice to the City 14. Assignment The Concessionaire shall neither assign any of the rights nor delegate any of the duties imposed upon it under the provisions of this Agreement without having first obtained the written permission of the City 15. Default In the event the Concessionaire defaults in any performance required by this Agreement, and if such default is not corrected within five (5) days after written notice setting forth the same is delivered to the Concessionaire, then, at the option of the City, the Agreement may be terminated and, upon such termination, all rights the Concessionaire has in the concession shall immediately cease and terminate P-664, Senior Center Concession Agreement Page 3 M City of Fort Collins, CO 16. Rental The Concessionaire shall pay to the City $1,000 annually for the Concession The agreed upon fee shall be paid to the City no later than 15 days after the effective date of this agreement or the effective date of any renewal period for this agreement 17. Saving Clause If any term or provision of this Agreement is or becomes invalid or unenforceable by reason of a conflict with any applicable laws, statutes, ordinances, rules or regulations, such invalidity or unenforceability shall not affect or impair any other terms or provisions of this Agreement IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By Jam B O'Neill II, CPPO Dire for of Purchasing and Risk Management CONCESSIONAIRE B y ; V7andy Farnsw9 h G Owner P-664, Senior Center Concession Agreement Page 4 M ACORD �� F.1Q `0r'jL' .... ... ,, 03 (13 D98 .. ;. / / PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Brayton Insurance, Inc. ALTER THE COVERAGE: AFFORDED BY THE POLICIES BELOW 315 west Oak Suite 514 COMPANIES AFFORDING COVERAGE PO Box 1488 COMPANY Fort Collins CO 80522 A Farmers Alliance Insurance Company INSURED COMPANY Mike & Sandy Farnsworth B COMPANY DBA Lopiano's Deli & Catering 749 South Lemay #130 Fort Collins, CO 80524 C COMPANY O D I D , COVERAGES •,,,.; ., ,• � , i -,•.. •.• ,., >•; •• .• •„ ; ., , THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTA TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTIVE DATE(MM/DD/Y11 POUCYEXPIRATION DATE(MM/DOM0 LIMITS GENERALUABIUTY GENERAL AGGREGATE 52 00O 000 X PRODUCTS COMP/OPAGG 52 00O 000 COMMERCIAL GENERAL UABIUTY CLAIMSMADE ❑X OCCUR PERSONAL &ADV INJURY S1,000,000 A OWNERS&CONTRACTORS PROT CCP 028492 01/22/98 01/22/99 EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Anyone fire) S 50 000 MED EXP (My one parson) S 5 000 AUTOMOBILE LABILITY ANY AUTO COMBINED SINGLE LIMIT S 500,000 X BODILY INJURY (Par person) S ALL OWNED AUTOS SCHEDULED AUTOS A HIRED AUTOS NONOWNED AUTOS CCP 028492 01/22/98 01/22/99 BODILYINJURY (Par a=tdent) S JX PROPERTY DAMAGE S GARAGE UABJUTY AUTOONLY EAACCIDENT S OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT S 500,000 A CCP 038492 01/22/98 01/22/99 X LIQUOR LIAB AGGREGATE S1 1 000 000 EXCESS UABIUTY EACH OCCURRENCE S AGGREGATE S UMBRELLA FORM Is OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND WCSTATU OTH- CRY LIMITS EL S EMPLOYERS' LIABILITY EL DISEASE-POUCY UMIT ZEE S THE PROPRIETOP/ INCL PARTNERSIEXECUTNE OFFICERS ARE I EXCL EL DISEASE EA EMPLOYEE I S OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOL MW CANCEI,I.NnION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE City of Fort Collins EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: James O'Neill II 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PO BOX 580 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIASIUTY Fort Collins, CO 80522 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. A T�y1H,(,OpI"I/E�-DJ-R�jE` EMTA ACORD25-8.(IM5,} ,, - / tl 0ACARD CORfTORATCON'1998