The URL can be used to link to this page

Home My WebLink AboutCONEJO AZUL - CONTRACT - RFP - P833 DOWNTOWN CONCESSIONAIREDOWNTOWN CONCESSION AGREEMENT THIS AGREEMENT is made and entered into this 26th day of November, 2002, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), CONEJO AZUL (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 # 2 — Public Right of Way east of Beau Jo's by kiosk in front of 106 E. Mountain 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 the concession specifications which are attached as Exhibit A and 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 15, 2003, unless sooner terminated as herein provided. The City may, at its option, renew the agreement for additional terms, to a maximum of four additional one year terms. However, either party may terminate this agreement without cause, by providing written notice to the other party of its intention to terminate at least thirty (30) days prior to the end of the then existing term. 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. Section 3. Concession Operations The City hereby grants Concessionaire a concession for the use of the property described as: Site # 2 — Public Right of Way east of Beau Jo's by kiosk in front of 106 E. Mountain, concession area for outdoor vending. The Concessionaire shall have the exclusive right to operate an outdoor vending concession within this area in accordance with the agreement. A. 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. 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. The Concessionaire agrees to pay the City an amount equal to One Hundred and Twenty Dollars ($120.00) per year. D. 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. The Concessionaire shall indemnify, save and hold harmless the City from all claims and losses, including costs and reasonable attorneys 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. F. 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. G. 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. 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 with the ACORDN CERTIFICATE %JF LIABILITY INSURANCL- DATE(MWDD/YYYY) 0812712002 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Welsh Insurance - Fort Collins ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3307 S. College Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 212 Fort Collins CO 80525 INSURERS AFFORDING COVERAGE NAIC # INSURED ConejOA2ul, Inc. INSURERA: AUTO -OWNERS INS. CO. 518 Whedhee .St. INC..RFR R� Fort Collins CO 80524 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADVIL POLICY NUMBER POLICY EFFECTIVE DATE imminn"i POLICY EXPIRATION DATE iMWODMI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 500 000 A X COMMERCIAL GENERAL LIABILITY PENDING 08128/2002 0812812003 DAMAGE TO RENTED $100000 CLAIMS MADE Fx_1 OCCUR $ 10 000 MED EXP (Any one erson PERSONAL $ ADV INJURY $ 500 000 GENERALAGGREGATE $1000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $1000000 X POLICY PRO LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F_ICLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- E.L. EACH ACCIDENT $ EMPLOYERS' UIBILRY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE- EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? If es,descnbe under S ECI P VI I N w E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS HOT DOG CART CITY OF FORT COLLINS SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 tO-A'EORD CORPORATION 198E K3