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Home My WebLink AboutTHE TOAST OF THE TOWN - CONTRACT - CONTRACT - ALCOHOL CONCESSIONCONCESSION AGREEMENT Lincoln Center Beverages THIS AGREEMENT, made and entered into this 30th day of November, 2006, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City," and THE TOAST OF THE TOWN, INC., a corporation, hereinafter referred to as "Concessionaire." WITNESSETH: 1. PREMISES COVERED BY CONCESSION AGREEMENT The premises covered by this Agreement shall be the Lincoln Center located at 417 West Magnolia, Fort Collins, Colorado, including the terrace located on the north side of the building. 2. TERM The term of this Agreement shall be for one year, beginning January 1, 2006, and ending December 31, 2006. This Agreement may be extended for two (2) additional one-year period at the sole discretion of the City of Fort Collins by giving the Concessionaire sixty (60) days written notice prior to the expiration of the existing term. 3. SERVICES The Concessionaire will operate an alcoholic and non-alcoholic beverage concession at the Lincoln Center, using a Tavern License secured in the Concessionaire's name. Alcoholic beverages will be dispensed at the Lincoln Center only by the Concessionaire. 4. LICENSES, PERMITS, AND TAXES The Concessionaire shall obtain and pay for all licenses permits and taxes, required by law or necessary for the operation of the concession at the Lincoln Center, including but not limited to a Tavern Liquor License, Liquor Occupation Tax, Sales/Use Tax License, etc. The Concessionaire may not use an existing license or transfer a present license. Any such licenses or permits held by the Concessionaire in connection with the concession are to be surrendered by the Concessionaire at the time of termination of the Agreement and the Concessionaire expressly agrees to surrender all of such licenses or permits and not oppose any new license or permit applications by such person as the City may select. For this concession the Concessionaire shall collect and remit sales taxes on all taxable sales in the manner prescribed by law. 5. CONTINGENCY In the event the Concessionaire is not able to obtain all licenses and permits required to operate the concession at the Lincoln Center, this Agreement shall become null and void and both parties shall be released from further obligations under this Agreement. 6. PRICING All prices charged for beverages provided bythe Concessionaire shall be approved bythe Director of Cultural, Library, and Recreational Services (CLRS). 7. EQUIPMENT AND STORAGE The Concessionaire shall be responsible for providing all supplies, inventory and equipment required to operate the concession. In addition, glassware rental must be available from Concessionaire upon request of Lincoln Center users. The City will provide a secure storage area for inventory and equipment. 8. DRESS CODE All Staff shall be required to be in same uniform approved by the CLRS Director. 9. PRICE LIST The Concessionaire shall be required to provide ample price lists to be distributed to customers. 10. MAINTENANCE The Concessionaire shall be required to provide all cleanup and maintenance connected with the sale or dispensing of alcoholic and non-alcoholic beverages at the Lincoln Center. However, the City shall pay all utility and trash removal costs in connection with the concession. 11. ADVERTISING No advertising of alcoholic beverages will be displayed at the Lincoln Center at any time. 12. SALE OF ALCOHOLIC BEVERAGES The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the Lincoln Center to patrons of or participants in such events. There shall be no service of alcoholic beverages to the general public at any time other than during a scheduled event.. No alcohol shall be dispensed or consumed in the concert hall or in the practice stage areas without permission of the CLRS Director. Alcohol shall be served only in connection with programs presented primarily for adult audiences. No alcohol shall be available for programs presented primarily for minor audiences. In connection with performing arts presentations, alcohol shall be available for only one hour before the event and during intermissions or at other times as requested by the CLRS Director. At all scheduled conventions, meetings and conferences, the Concessionaire shall be limited to serving alcoholic beverages during the times specifically designated by the sponsor of the event. Donations of beer and/or wine for fund raising events is permitted. Concessionaire may charge for labor with approval from Lincoln Center Director. Concessionaire agrees to work with user on working out necessary legal obligations. 13. REGULATIONS AND ADMINISTRATION The Concessionaire must conduct all operations pursuant to the concession in accordance with all applicable ordinances, laws, statutes, rules and regulations of any authority having lawful jurisdiction. This Agreement shall be administered by the CLRS Director. 14. INDEPENDENT CONTRACTOR/INDEMNIFICATION The Concessionaire is an independent contractor and not an employee of the City of Fort Collins. The City shall not be responsible for any liabilities of the Concessionaire arising out of the concession herein granted. The Concessionaire hereby agrees to indemnify, save and hold harmless the City from any and all liability or loss that may be incurred or claimed by any person as a result of injury to person or property, arising directly or indirectly out of the operation of the concession, including, without limitation, any debts incurred by the Concessionaire and any liability arising out of the Colorado Dram Shop Act, Section 13-21-103, C.R.S. 15. INSURANCE The Concessionaire shall carry adequate liability insurance to cover its operation of the concession in at least the following limits: $500,000 combined single limit - General liability $500,000 liquor liability The Concessionaire shall cause the City to be named as an additional insured on any such liability insurance policy, shall obtain and deliver to the City a certificate of such insurance and shall obtain an endorsement stating that such insurance shall not be cancelable except on notice to the City. 16. ASSIGNMENT The Concessionaire shall neither assign any of the rights nor delegate any of the duties imposed upon it under the provisions of this Agreement without having first obtained the written permission of the City. 17. DEFAULT In the event the Concessionaire defaults in any performance required by this Agreement, and if such default is not corrected within ten (10) days after written notice setting forth the same is delivered to the Concessionaire, then, at the option of the City, the Agreement may be terminated and, upon such termination, all rights the Concessionaire has in the concession shall immediately cease and terminate. 18. 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 (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 parry's reasonable attorney fees and costs incurred because of the default. 19. 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: Service Provider: Copy to: City of Fort Collins The Toast of the Town, Inc. City of Fort Collins Purchasing 523 North Whitcomb Lincoln Center P. O. Box 580 Fort Collins, CO 80521 PO Box 580 Fort Collins, CO 80522 970-221-2025 Fort Collins, CO 80522 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. 20. RENTAL The Concessionaire shall pay, annually, as rental to the City, two percent (2%) of the gross revenues from the concession operation. All such sums shall be payable annually to the City, with payment due forty-five (45) days after the close of the fiscal year. Concurrent with the annual payment, the Concessionaire shall submit a complete accounting of its concession operation for the preceding year. The Concessionaire shall keep adequate and proper business records which will include all expenses and receipts of the concession. Upon the City's request, all of such records shall be made open and available for inspection and audit by the City. 21. SAVING CLAUSE If any term or provision of this Agreement is or becomes invalid or unenforceable by reason of a conflict with any applicable laws, statutes, ordinances, rules or regulations, such invalidity or unenforceability shall not affect or impair any other terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. THE C OF FO L NSA, C MLADO By: Janes . O'Neill II, CPPO, FNIGP Director of Purchasing & sk Management DATE: /7 �S S TC By Tit CC Da ATTEST: (Corporate Seal) Corporate Secretary )ENT