HomeMy WebLinkAboutSILVERY MOON - CONTRACT - RFP - P833 DOWNTOWN CONCESSIONAIRE (3)DOWNTOWN CONCESSION AGREEMENT
THIS AGREEMENT is made and entered into this 15th day of May, 2002, by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and SILVERY MOON
(Concessionaire).
WITN SSE H
WHEREAS, the City Council passed OrdiQance 36,
Area as a concession area for the�sale of gooi)s an ser
�.
WHEREAS, the City has establ
and
WHEREAS, the City agrees t rant
from the City a concession for outdWr
Site # 5-Public ROW, SW corner of
City Drug.
NOW THEREFORE, in cons
expressed, the parties agree as
the
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199y, establishing the Downtown Plan
is from outdoor locations; and
loc3tti� 3 in the Downtown Plan Area;
\�o
ire and the Concessionaire accepts
c ^,
& College intersection, east of wall, north of
of the mutual covenants and obligations herein
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 # 5-Public ROW, SW corner of Mountain & College intersection, east of wall, north of
City Drug , 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
specifications in Exhibit A, 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. Equipment such as tables, chairs, benches and displays not attached to the cart may
not be used. Merchandise must be restricted to the cart only. Additional equipment may
be approved by City staff.
J. Concessionaire shall supply a trash receptacle and keep the concession area clean
of all trash. Food and beverage vendors shall pay $500 annually or $45 per month for
power washing of their assigned vending site. The annual payment shall be due prior to
June 1 in the initial term or any renewal term. Monthly payments shall be paid to the City
Sales Tax Office prior to the 10`h of each month for every month the agreement is in force.
Vendors at sites which are split between day and night operations shall pay $250 each,
annually, or $22.50 per month.
K. 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. 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. 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. 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
the concession area shall be open are as follows:
Day — Two (2) to four (4) hours between 6am and 6pm
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, abnormally windy or when the air
temperature is below 50 degrees Fahrenheit.
P. Product. The products authorized are those 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.
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. This Agreement may not be enlarged, modified or altered except in writing, signed by
the parties as an amendment hereto.
C. No waiver of any breach of this Agreement shall be held or construed to be a waiver
of any subsequent breach thereof.
D. 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.
E. The location assigned is not transferable to another vendor or concessionaire.
F. 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.
G. This Agreement shall be binding upon and inure to the benefit of the heirs,
successors, and assigns of the parties hereto.
H. 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.
I. 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
Treasury Division of Finance
PO Box 580
Fort Collins, CO 80522
Concessionaire:
Silvery Moon
301 Lago Court
Fort Collins, CO 80524
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.
miry' Concessionaire: // ,,``�
By. By: `0i11�s.n 144-1-
James . 'Neill II, CPPO, FNIGP "�J1
Director Purchasing and Risk Management Title:ydaAee /',eos(�la�
Date:��%/ v / Date: a ltcoe
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