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HomeMy WebLinkAboutTHE COFFEE STOP - CONTRACT - CONTRACT - COFFEE STOPSERVICES AGREEMENT 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 The Coffee Stop, 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 provide Coffee Services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence August 29, 2003 and shall continue in full force and effect until August 29, 2004, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one (1) year periods not to exceed one (1) additional one (1) year periods. Fee changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. 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. 4. 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: City: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: The Coffee Stop 1017 S. Lemay Fort Collins, CO 80524 SA 10/97 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Rental For the first year of the Agreement, the Service Provider shall provide Coffee Services, as defined in the Scope of Work, as rental for use of the Concession Space. Rental fee may be re -negotiated at the time of any subsequent renewal of the Agreement. 6. 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. 7. 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. 8. 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. 9. 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. 10. Warranty Service Provider warrants that all services shall be provided with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. 11. 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. 12. Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (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 SA 10/97 2 c. Avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting parry, 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. 13. 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. 14, 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. 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, PO Box 580, Fort Collins, Colorado 80522, one (1) copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. 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. 16. 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. 17. Rights of Ingress and Egress Concessionaire shall have the right of ingress and egress to and from the Concession Space and Edora Pool Ice Center (EPIC) for Concessionaire's employees, agents and invitees to the extent reasonably necessary in connection with the conduct of Concessionaire's business under this Agreement. Areas designated as restricted areas by the City shall be excluded. SA 10/97 3 18. Concessionaire Personnel Concessionaire shall control the conduct and demeanor of its agents and employees. Upon objection from the City concerning conduct or demeanor of any such person, the Concessionaire shall immediately take all lawful steps to remove the cause of the objection. If the City so requests, Concessionaire agrees to supply and require its employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form for which shall be subject to prior and continuing approval of the City. 19. Licensing and Taxes Contractor must comply with all health regulations of the Federal Government, the State of Colorado, the City of Fort Collins, Larimer County and any other inspection and control measures the City of Fort Collins may require. Concessionaire agrees to pay all lawful taxes, assessments and payments -in -lieu which, during the term of this Agreement or any extension hereof, may become a lien of which may be levied or charged by the State, County, City of Fort Collins or other tax -levying body upon or with respect to the Concession Space, upon any taxable interest acquired by the Concessionaire in this Agreement, or any taxable possessory right which Concessionaire may have in or to the Concession Space or facilities or the improvements thereon, by reason of Concessionaire's occupancy thereof, or otherwise, as well as all taxes on taxable property, real or personal, owned by Concessionaire or taxes on Concessionaire's operations or activities in or about the Concession Space. However, except as otherwise permitted by this Agreement, no charges, fees or taxes of any nature shall be imposed by the City solely upon Concessionaire for exercising any right or privilege granted by the City to Concessionaire in this Agreement with respect to use of the Library. Nothing herein shall prevent Concessionaire from protesting, through due process, any taxes levied. 20. No Claim by Concessionaire No compensation or claim shall be made by or allowed to Concessionaire by reason of any inconvenience or annoyance arising from the necessity of repairing any portion of the Library, however the necessity may occur. THE CITY OF FORT COLLINS, COLORADO By: 6 C "_ , Jame O'Neill II, CPPO Director of Purch sing and Risk Management Date: The Coffee Stop By: Mark L.Omel Owner Date: g ' Z9 "0,3 SA 10/97 4 Exhibit A Scope of Services The City and the Service Provider agree that the Concession Area is defined as follows: • The side walk area north of EPIC front entrance or the vending area in the Green Rink. Cart placement within these areas must be agreed to by the City Representative. The Coffee Stop, a coffee business, agrees: • To provide coffee service at EPIC, located within Edora Park at1801 Riverside, Fort Collins, CO. The cart will be located outside the front entrance or in the Green Rink vending area. • To provide a menu of coffee drinks only. No food items are to be sold. To be open for business, from 6:30 AM to 10:00 AM Monday through Friday. 7:30 AM —11:00 AM on Saturdays. Hours are subject to change to reflect EPIC programs and events. Changes to operating hours will be negotiated by and agreed to by both parties. • Additional electrical or water needs, which may include but is not limited to 220v power for outlets and new water supplies. Any electrical or water changes need to be approved by City of Fort Collins Operations Services staff. EPIC will provide: • Electricity from existing 110 outlets located near the cart. • Existing outside and inside water. SA 10197 5 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: 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 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. SA 10/97 6 09/17/2003 14:57 9703779517 FARMERS INSURANCE PAGE 02/02 ACORDCERTIFICATE OF LIABILITY INSURANCE a9I1""' "'�7/z""" oos ,ROOMER Jason E. Welch Insurance Agency 2627 Redwing Road #260 THIS CERTIFICATE 10 1$6U DD AS A MATTER OF INFORMATION ONLY AND CONFIRMS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE CDVEkAGE AFFORDED 8Y THE POLICIES BELOW. Fort Collin., CO 8052E 970-377-9420 INSURERS AFFORDING COVERAGE NAIC$ INsuRED — The Coffee stop INSURER Farmers Insurance Exch. INSURER B, Fd iIttC.L'S InDur,1TLCC E7�CY1^_ _ 1D17 South Lemay INSURER C: Ft. rol l i ns, CO 80524 1INSURER 13; THE POLICIES OF INS URANCt LIS I LU HELOW HAVE BEEN 153UP.D TO THE IH3URED NAMCOABOVE FOR THE POLICY PERIOD INTIIT.ATFD. 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 15 SUBJECT TO AI.L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. wLIVi i; MRATlON LIMITS _ R TYPE NCE POUCYNUMRER DATE MM OATE GENERAL LIABILITY X ,S� O O�OcUEACH ENCE ,0aa UOMMERrIALGENEnALUASIUn' PRFMIAES,(R cMU�KEL 17� . ? I CLIUMSMADE I-1 OCCUR MEOEXPIAAY�pmyn) $ A X 045989862 09/17/03 09/25/04 PERSONAL&AOVINJURV S 5000 OOO ._. GENGIIAL AGGRCGATC -. e 1 , 000, OOO GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS • COMPIOP AGG S , O UO 0 a- ; O UZJ 1 1 owm f1 0.0 IDMOBry4 LIA61LITT COMBINED SINGLE LIMIT _ ANYAIiYO In pwdvnl) S DODII,YINJURY �' ALLUWNb0AUT03 SCHEDULED AUTOS (Pef pprnvn) BODILY INJURY S HIRED ALTOS NON-OWWEDALTOS fvcrpr.�Jnnnlj PROPERTY DAMAGE S (PwwddenD — ,., — -' GARAGE LIABILITY AUTO ONLY -FIA ACCIDENT Is 0711ERTFIAN -FA-ACC $ AUTOONLY; AOG 1 S ANYAUTO EXCESSIUMSRELLA LW34LIr/ EACH OCCURRENCE S JOWUR CI CLAIMSMADE AGG'REOATE S I --I DEDUCTIBLE WORKERS COMPENSATION AND EMPLOVIRS'LIABILTY A04093115 09/08/03 09/08/04 „ ANY Mp 1&TOFFMTNENExncUYlvE ,T AiK�pARMelN E1I:44UF.V SPECIAL PR Nldm SPECIAL PROVISIONS below OTHER ESCRPTION OF OFMAT10NS I LOCRTIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Certificate Holder named as Additional Insured City of Pnrt Collins PO Sox_ 580 Ft. Collins, CO 80522 , 1 1 I' SHOULD ANY OF THE ABOVE DESCRIEIEO POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 15 DAYS WRITTEN NOTICE TD THE CEITTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO CO $0 SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT$ AGENTS OR