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HomeMy WebLinkAboutJACOR BROADCASTING - CONTRACT - RFP - P667 FOURTH OF JULY SPONSORSSERVICES AGREEMENT FOURTH OF JULY CO-SPONSOR THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and JACOR BROADCASTING OF NORTHERN COLORADO, hereinafter referred to as "Service Provider" WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows 1 Scope of Services The Service Provider agrees to co-sponsor the Fourth of July Celebration and to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference 2. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within seven (7) days following execution of this Agreement. Time is of the essence Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties 3. Contract Period This Agreement shall commence May 8, 1998, and shall continue in full force and effect until December 31, 1998, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods Changes in fees and service levels shall be negotiated by and agreed to by both parties Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end 4. Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 5. Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider 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 following addresses SA 7193 1 M C ity. City of Fort Collins Purchasing PO Box 580 Fort Collins. CO 80521 Service Provider: Jacor Broadcasting of Northern Colorado 1612 LaPorte Avenue Fort Collins, CO 80521 482-5991 Fax 482-5994 In the event of early termination by the City prior to July 4 of the initial year or any renewal year, the Service Provider shall have any fees refunded which have already been paid to the City for that year's co-sponsorship, subject only to the satisfactory performance, up to the time of termination, of the Service Provider's obligations under this Agreement Such payment shall be the Service Provider's sole right and remedy for such termination 6. Contract Sum In exchange for the right to co-sponsor the Fourth of July Celebration and to provide the services asset forth in the Scope of Work, the Service Provider shall pay the City the Sum of $10,000 Such payment shall be made no later than June 1 of the initial contract year and no later than May 1 of any renewal year 7. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement All requests concerning this agreement shall be directed to the City Representative 8. Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose 9. Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City 10. Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement SA 7/93 2 11. Warranty a Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature b Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City Upon receipt of written notice from City of any such defect or nonconformance, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City 12. Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof 13. Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to a Terminate the Agreement and seek damages, b Treat the Agreement as continuing and require specific performance, or c Avail himself of any other remedy at law or equity If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default 14. Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties 15 Indemnity/Insurance a The Service Provider 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, result from or occurring in connection with the performance of any service hereunder b The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property SA 7193 3 l v;r M c Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City 16. Entire Agreement This Agreement, along with all Exhibits and other 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 17. 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 THE CITY OF FORT COLLINS, COLORADO B o� Ja es O'Neill Il, CPPO Dir r of Purchasing 8, Risk Management DATE d SA 7/93 By Stu Haskell General Manager, VP Date & 2 r 1 Exhibit A Scope of Work 1.0 Sponsorship Service Provider shall be a co-sponsor, along with the City of Fort Collins, for the Fourth of July Celebration in Fort Collins City Park in 1998 and any renewal year 2.0 City Representative The City Representative shall be Bob Loeven, Parks Operations Supervisor The Director of Purchasing and Risk Management will notify the Service Provider in writing when such assignment is changed 30 Fourth of July Committee The City has a Fourth of July Committee is the primary advisory body to the City Representative for all Fourth of July activities The committee is made up of representatives from various City departments, including Recreation, Parks, Lincoln Center, Streets, Purchasing, and Police Services, along with representatives from Poudre Fire Authority Service Provider shall designate one representative to serve on that committee That representative must have the authority to negotiate with City staff and to bind the Service Provider to any necessary agreements 4.0 Services The Service Provider shall promote the Fourth of July Celebration and conduct radio broadcast coverage of the day's activities, arrange for food and drink concessions, organize a flea market, a hospitality center, and entertainment as set forth below The City Representative shall review and approve all food and drink concessions, products offered for sale, hospitality center activities, and proposed entertainment Site locations, the extent of non-profit group participation, and all operational matters shall be determined by the City Representative Service Provider shall ensure that all such activities are operated in compliance 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 Service Provider shall ensure that all food and drink concessionaires have obtained all necessary licenses, including a Sales Tax License and a County Health Department Food Services inspection The Service Provider is responsible for supervising the setup, operation, and removal of items needed for these activities Trash containers must be provided and operating areas kept clear of trash All activities must be conducted in a manner as to minimize the effect on City Park 3 4.1 Broadcast Operations Service Provider shall promote the Fourth of July Celebration prior to the event and set up a radio broadcasting facility to provide radio broadcast coverage of the day's activities The City will provide electrical power for such operations, up to the limit of the power available in the area designated for such operations by the City Representative Electrical power needs in excess of that available must be supplied by the Service Provider 42 Concession Operations Service Provider shall arrange for food and drink concessions to be operated in designated locations in City Park Such concessions should reflect the diversity and spirit of the Fort Collins area 4.3 Flea Market Service Provider shall operate a Flea Market during the Fourth of July celebration 4.4 Showmobile Entertainment Service Provider shall organize and coordinate Showmobile entertainment Traditional July 4th acts shall be accommodated to the extent possible These acts should provide family entertainment emphasizing the cultural diversity of Fort Collins When necessary, and with the concurrence of both parties, the City will arrange Showmobile entertainment 4.5 Hospitality Center Service Provider may organize and coordinate a Hospitality Center with an open -sided tent, limited access, patron seating, and other features and activities approved by the City Representative 5.0 Promotion To the extent possible, event advertising will mention the Service Provider as the co-sponsor However, the City shall not be responsible for the content of advertising placed by other organizations Service Provider's logo may be included in promotional items procured by City departments for the Fourth of July Celebration 6.0 City Responsibilities The City of Fort Collins will provide normal traffic control, police, fire, and medical personnel, trash removal, port -a -potties, Transfort bus transportation, and other support personnel The actual support provided shall be determined by the City Representative 70 Other Activities The City reserves the right to coordinate other activities within City Park during the Fourth of July Celebration Such activities may include, but are not limited to, establishment of a children's area, including related food service activities Any such additional activities shall be approved by the City Representative and, to the extent possible, will not compete with activities and concessions handled by the Service Provider M. Exhibit B 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, 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 1 Workers' Compensation insurance with statutory limits as required by Colorado law Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee 8 Commercial General & Vehicle Liability The Service Provider shall maintain during the life 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 Page 7 of 1