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HomeMy WebLinkAboutFORT COLLINS WATER ICE - CONTRACT - RFP - P890 DOWNTOWN CONCESSIONAIRE (2)DOWNTOWN CONCESSION AGREEMENT THIS AGREEMENT is made and entered into this 14th day of July, 2004, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and FORT COLLINS WATER ICE (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 Ave. and College Ave Intersection South of Beau Jo's 103 E. Mountain Ave.. 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, 2005, 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. 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. 1 Specifications and Contract P945 Downtown Concessionaire Operation This is my second season in the food vending business in Fort Collins, Colorado. This is also my first year vending for the city of Fort Collins. I have been in a number of Downtown events which includes: The Taste of Fort Collins 2003 & 2004, The VW Bug Classic 2003, The Colorado Brewers Festival 2003, and the Fort Collins New West Fest 2003. My product won the `Best Dessert" in the 2004 Taste of Fort Collins and finished second in the "Overall or People's Choice" category in the 2004 Taste of Fort Collins. I do look forward to helping the downtown area attract more people. My Fort Collins Water Ices sold very well at the events in Fort Collins last year and this year. I also introduced my product to the Chamber of Commerce members in April, 2004 and everyone said they would drive anywhere to get it again. I have an email newsletter for my customers where I tell them where Fort Collins Water Ices are sold. I will also help the downtown area attract more people for the other stores in the area. Besides selling my award winning Fort Collins Water Ices, I want to also sell Philadelphia soft pretzels. I have a contract with the company that makes these soft pretzels and will be selling them in my retail store along with other Philadelphia products on October 1', 2004. I will be the only retail outlet that can sell these soft pretzels in Northern Colorado. Both items that I have listed are not being sold by any other vendor. Since there are parking lots around the areas that I have interest in, parking will not be a hazard as much as any other location. There is also street parking down the street, where people can park too. I will keep my cart maintained on a daily basis as needed. Any repairs will be completed by a Fort Collins Water Ice employee. I will be paying a cleaning company assigned by the City of Fort Collins a monthly fee to clean my area. I will also provide a trash can for all trash from my product. At every event where we sold Fort Collins Water Ices, there were long lines for hours on end and everyone was asking where they can buy a Fort Collins Water Ice. I also own an online advertising company in Fort Collins and will advertise Fort Collins Water Ices on the website. I will email my previous customers of Water Ice and tell them where and when I will be downtown selling out of my cart too. The appearance of my cart will enhance the downtown area, because of my unique Italian Flag theme. My cart will be clean and grab everyone's attention to park, buy a cup, and shop at the other retail locations downtown Fort Collins. I have a Brinks cash box with key that will be attached to the cart. I will also have persons pick money up half way during the work day for security purposes. You cannot buy my style of Italian Water Ice anywhere else besides from Fort Collins Water Ice. My product will satisfy the tastes of everyone in Northern Colorado and they can only buy it from me. My product will also help bring the downtown atmosphere back to the city, where everyone will browse other stores while eating a Fort Collins Water Ice. Fort Collins Water Ices will help in attracting more foot traffic towards the downtown area and shops. I will be the only business selling this style of product, so I will help promote the other stores in the downtown area. My product will altogether help the city promote the downtown area. I will also be in the New West Fest 2004 selling my product and this will help in promoting my product and the downtown area. Quality of Product Fort Collins Water Ice 1. Voted `Best Dessert" 2004 Taste of Fort Collins. 2. What is a Fort Collins Water Ice? An Italian Ice, water -based, non-dairy, fat and cholesterol -free delicacy of many flavors, all with a rich, refreshing, creamy smooth texture, and often mistaken for ice cream or sherbet. 3. How does a Fort Collins Water Ice differ from "Snow Cones" and "Shaved Ice" products? `Snow Cones' and `Shaved Ice' are nothing more than ice with syrup poured over top in front of the customer. Fort Collins Water Ices are recipes of delicious flavorings mixed with natural sugar cane sugar in a pure water base. They are freeze -blended together in specially designed, very large freeze machines. 4. Is there any dairy in a Fort Collins Water Ice? None! All of our flavors are non-dairy, water -based, and blended to a creamy -like consistency. All flavors are fat and cholesterol free. 5. How is a Fort Collins Water Ice packaged? Fort Collins Water Ices are packed in six, (6), eight (8) and twelve (12) ounce Styrofoam cups or bowls with lids. The lid can be snapped back onto the container. Each cup or bowl is prepackaged at a Fort Collins Water Ice Commissary. 6. What events have Fort Collins Water Ice appeared in? The Taste of Fort Collins 2003 & 2004, The VW Bug Classic 2003, The Colorado Brewers Festival 2003, and the Fort Collins New West Fest 2003. 7. What does a Fort Collins Water Ice look like? 8. What other supplies are needed? I will supply white, plastic spoons for the customer to use to eat the Water Ices. The spoons are approved by the Larimer County Health Department. Napkins will also be given to each customer, which are also approved by the Larimer County Health Department. Soft Pretzels The Philadelphia style pretzel is a soft, salted pretzel. These are very popular in the Philadelphia region. Pretzels will be sold in individual paper bags or three in a paper bag. This product will add to the uniqueness to the downtown area. Most Philadelphia soft pretzels are sold by vendors back east and these are perfect for the person on the go or someone shopping downtown. Here is a picture of my soft pretzels. Quality of Equipment Attached are a number of designs that I can implement. I built my own push cart that holds prepackaged cups of Fort Collins Water Ice. I built an exact replica of the design from the Nelson BDC4 without the cold plate, which has already been approved by the City of Fort Collins for my other site location downtown. I used wood and casters purchased from Home Depot. The health department in Larimer County stated that if I sell prepackaged water ice, I can sell it out of any cooler. I will also install an umbrella with "Italian Ice" sewn on the front. The cart will have an Italian Flag theme, where it will be a great addition to the downtown area. Please see attachment for the design of my cart. Payment to the City I will pay the City of Fort Collins the standard fee of $120.00 per year, plus three percent of my gross profits. I am proposing to get the following spots. 1. Site #1 in the Day 2. Site #3 at Night 3. Site #6 Day & Night If you have any questions, feel free to contact me at 970-388-7036 or email me at stevekxnlorefortcollins. com Thank you Section 3. Concession Operations The City hereby grants Concessionaire a concession for the use of the property described as: Site # 1 — Mountain Ave. and College Ave. Intersection South of Beau Jo's 103 E. Mountain Ave.. concession area (per Exhibit A) For Da v 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 and Twenty Dollars ($120.00) per year, plus three (3) 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. 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. F. Insurance/ Indemnity: 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 naming the City as an additional insured under 2 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, PO 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 vendors must use a tarp under cart to minimize grease deposits. Food and beverage vendors shall pay $720 annually or $65 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 $360 each, annually, or $32.50 per month. 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 3 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: Day - Two (2) to four (4) hours between 6am and 6pm daily. 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 2004 are June 51h, June 261h, June 27cn August 215` and August 22"d. 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. 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. M 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 three (3) 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. 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: 5 City: City of Fort Collins Treasury Division of Finance PO Box 580 Fort Collins, CO 80522 Concessionaire: Fort Collins Water Ice Attn: Stephen J. Grant 605 S. Meldrum #A2 Fort Collins, CO 80521 K. 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 Concessionaire. 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. City: BVes.�n� J'Neill II, CPPO, FNIGP Durchasing and Risk Management Date: ` 7 S Concessionaire: Fort Collins Water Ice Date: 6 EXHIBIT "A" IS NOSVVI S 12 W) MR 1 W-iH EXHIBIT "B" INSURANCE REQUIREMENTS 1. The Concessionaire 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 Concessionaire 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 Concessionaire, 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 Concessionaire under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Concessionaire'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 Concessionaire shall maintain during the life of this Agreement for all of the Concessionaire'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 Concessionaire 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 Concessionaire 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. 8 Attachment A - Proposal Form, Page 1 P945 Downtown Concessionaire Proposal to Vend in the Downtown Concession Area: Your name and your business name, if applicable. Name: Busine Addre: f ;%' Phone Number: 7 Oj�A My choices of outdoor vendor sites are as follows: Please referto the locations by site number found on Attachment C. List yourfirst, second, and third choices for vending sites under Vending Site Number. Enter'Day','Night', or'Both' under Hours Reguested fordesired hours of operation. Vendors wishing to conduct vending at more than one location must submit a separate proposal for each site. VENDING SITE NUMBER 1" Site 2n° Site 3r0 Site i HOURS REQUESTED r Read Section 3.0, Mandatory Conditions and Section 6.0, Terms and Conditions. These conditions will be a component of the final contract. Please read those sections and sign the following statement. I hereby acknowledge that I will comply with all mandatory conditions as stated and explained In Sections 3.0, Mandatory Conditions and 6.0, Terms and Conditions of the Downtown Concessionaire Outdoor Vending Request for Proposal. Printed Name and Business