HomeMy WebLinkAbout478664 PROFESSOR MUNCHIE CONCESSIONS (G BJORKLUND) - CONTRACT - RFP - 7108 SNACK BAR CONCESSIONAIRE FOR EPIC & CITY PARK POOLSNACK BAR CONCESSION AGREEMENT
-EDORA POOL ICE CENTER (EPIC) AND CITY PARK POOL
This Concession Agreement, hereinafter called the "Agreement," is made and entered into as of
the 17th day of March, 2010, by and between THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation, hereinafter called "City," and, Garry B. Bjorklund, hereinafter called
"Concessionaire."
ARTICLE 1
Concession Space
1.1 Definition of Concession Space. For the purposes of this Agreement, the
"Concession Space" shall mean the following areas at EPIC, 1801 Riverside Avenue, Fort
Collins, CO 80525 and at City Park Pool, 1599 West City Park Drive, Fort Collins, CO 80521
1.1.1 The designated concession area located in EPIC and City Park Pool.
1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession
Space for the purpose of offering food and non-alcoholic beverages, and related services
primarily to swimmers and ice skaters using EPIC and City Park Pool and, incidentally, to the
public.
ARTICLE 2
Concessionaire's Use of EPIC/ City Park Pool and the Concession Space
2.1 In General. Subject to other limitations expressed in this Agreement, the City grants
to Concessionaire the right to exclusive use of the Concession Space and the right to use in
common with others the public areas of the Concession Space facilities in conjunction with its
food and beverage operations (and for no other purpose) in such spaces and manner as may
be prescribed by the City.
2.2 Smoking. Smoking instruments and tobacco products of any kind will not be sold or
otherwise supplied by Concessionaire at Concession Space facilities. Smoking is not permitted
in any areas within 20 feet of facility entrances. Concessionaire shall comply with any other
requirements of applicable Fort Collins City ordinances and Colorado state law regarding
smoking and tobacco products.
2.3 Restriction on Items Offered for Sale. Concessionaire may offer such non-food or
non -beverage items as are incidental to its food and beverage service, except for smoking
instruments and tobacco products and gum, pursuant to section 2.2.
2.4 Compliance with Applicable Law. The Concessionaire agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as all rules
and regulations, policies, and procedures adopted by the City or any of its Boards, Service
Areas, Service Units, Divisions or Departments having jurisdiction ver EPIC and City Park
Pool.
11.1.1 Then, in such event, at the option of the City or Concessionaire, the term hereby
created shall cease; and this Agreement shall become null and void from the date of such
damage or destruction; and Concessionaire shall immediately surrender the Concession Space
and its interest therein to the City; provided, however, that the City or Concessionaire shall
exercise such option to so terminate this Agreement by notice, in writing, delivered to the other
party within thirty (30) days after the City's determination of un-tenantability or un-usability.
11.1.2 In the event neither the City nor Concessionaire shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the City shall repair the
Concession Space, or facility excluding Improvements or equipment, signs, trade fixtures or
other personal property installed by Concessionaire, with all reasonable speed, placing the
same in as good a condition as it was at the time of the damage or destruction.
11.2 Concession Space Only Un-tenantable. In the event of destruction rendering only the
Concession Space un-tenantable, the City shall endeavor, but not be obligated to make
substitute premises available for Concessionaire's use. During any period of use by
Concessionaire of such substitute Concession Space, the City may direct that the
Concessionaire's Fee shall be abated proportionately.
11.3 Components Tenantable. If the EPIC or City Park Pool or Concession Space shall be
only injured by fire or the elements to such extent so as not to render the same un-tenantable
and unfit for use and occupancy, the City shall repair the same with all reasonable speed.
11.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment
and other items of its personal property within five (5) days after request being made by the
City.
11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused
by Concessionaire as more specifically addressed in Article 10 of this Agreement, the provisions
of Article 10 shall govern in any conflict between Article 10 and Article 11.
11.6 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 EPIC or City Park Pool, however the necessity may occur.
ARTICLE 12
Indemnification and Insurance
12.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or
injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by
any person whomsoever or whatsoever as a result of any operations, works, acts or omissions
performed within EPIC or City Park Pool by Concessionaire, its agents, employees or
contractors unless caused by the negligence or willful misconduct of the City, its employees,
agents or contractors.
12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City
harmless from all claims, demands, judgments, costs and expenses, and legal fees including
attorneys' fees, claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously)
by any person by reason of injury to or death of any individual person or persons, or by reason
of damage to, destruction or loss of use of any property, including City's personnel and City's
property, directly or indirectly arising out of, resulting from or occurring in connection with any
operations, works, acts or omissions of Concessionaire. As used herein, the term
"Concessionaire" includes the respective directors, officers, agents, employees, contractors and
subcontractors of Concessionaire. In the event a subcontractor performs any work under this
Agreement, the Concessionaire shall be responsible for any liability directly or indirectly arising
out of the work performed by such subcontractor.
12.3 Intellectual Property Representation. Concessionaire represents that it is the owner
of or is fully authorized to use any and all services, processes, machines, articles, makes,
names or slogans used by it in its operation or in any way connected with this Agreement.
12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations
hereunder, the Concessionaire shall provide and maintain insurance coverage naming the City
as an additional insured under this Agreement as specified in Exhibit E, which is attached
hereto and incorporated herein by this reference.
12.5 Precautions Against Injury. The Concessionaire shall take all necessary precautions
in performing the operations hereunder to prevent injury to persons and property.
12.6 Failure to Insure. Neither the failure of Concessionaire to take out and/or maintain,
.nor the taking out and/or maintenance of any required insurance shall relieve Concessionaire
from any liability under this Agreement, nor shall the insurance requirements be construed to
conflict with the obligations of Concessionaire concerning indemnification. In the event the
Concessionaire fails to maintain insurance required hereunder, the City may, at its option, take
gout and maintain at the expense of the Concessionaire such insurance as the City may deem
proper. The City may offset the cost of any such insurance from any monies that may be due or
become due to the Concessionaire under this Agreement.
ARTICLE 13
No Interest in Real Property
13.1 Interest in Real Property. Concessionaire agrees that this Agreement constitutes
merely a right to use and occupy the Concession Space for a limited purpose and does not
create or convey to Concessionaire any interest in real property.
ARTICLE 14
Assignment
14.1 Assignment. The Concessionaire shall not assign this Agreement, sublet or otherwise
allow any person to take possession of all or any portion of the Concession Space without prior
written consent of the City nor permit any transfer by operation of law of Concessionaire's
interest created hereby, other than by merger or consolidation unless approved by City.
ARTICLE 15
Right of City to Enter, Inspect and Make Repairs
15.1 In General. City and its authorized employees, agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the,
circumstances and with as little interruption to Concessionaire's operation as is reasonably
practicable) to enter upon any part of the Concession Space for the following purposes:
15.1.1 To inspect such premises at reasonable intervals during regular business hours (or at
any time in case of emergency) to determine whether Concessionaire has complied with and is
complying with the terms and conditions of this Agreement with respect to such premises;
15.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
15.1.3 To make structural additions and alterations.
15.2 Obstruction by City. All entries made for the purposes enumerated above shall,
except as otherwise provided in Article 11, Total or Partial Destruction, be without abatement of
rent for damage for inconvenience. However, in the event any entry by City in the Concession
Space for the purpose of making repairs or alterations as provided for in Section 15.1.2 above
(other than repairs necessitated as a result of damage by Concessionaire under Article 10)
constitutes a substantial obstruction to and impairment of Concessionaire's right of use of such
Concession Space, then Concessionaire shall be entitled to a fair and just abatement of the
rent/fees for such premises during the period required by City to make such repairs.
15.3 Obstruction by Concessionaire. In the event that any personal property of
Concessionaire shall obstruct the access of the City, its officers, employees, agents or
contractors, or a utility company furnishing utility service to any of the existing utility,
mechanical, electrical and other systems, and thus shall interfere with the inspection,
,maintenance or repair of any such system, Concessionaire shall move such property, as
,directed by the City or said utility company, in order that access may be had to the system or
;part thereof for inspection, maintenance or repair. If Concessionaire shall fail to so move such
property after direction from the City or said utility company to do so, the City or the utility
,company may move it without liability for damage sustained in moving.
15.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article,
by the City, or others under right of the City, shall not be, nor be construed to be, an eviction of
Concessionaire, nor be made the grounds for any abatement of rental nor any claim or demand
for damages against the City, consequential or otherwise, except claims for damages to person
or property caused solely by the negligence of the City.
ARTICLE 16
Default. Rights of Termination
16.1 Default by Concessionaire. Time of payment and performance is of the essence of
this Agreement. Concessionaire shall be in default under this Agreement upon the occurrence
of any one or more of the following events:
16.1.1 Concessionaire's failure to pay any fee or other charge when due and within five (5)
workings days after notice from City of such nonpayment.
16.1.2 Concessionaire's failure to maintain the insurance required in Section 12.4.
16.1.3 Concessionaire's assignment of any right hereunder in violation of Article 14.
16.1.4 Concessionaire's failure to perform, keep or observe any of the terms, covenants or
conditions of this Agreement within seven (7) days (or such longer time as may be necessary to
cure, provided that cure is commenced within the initial seven [7] days) after notice from the City
specifying the nature of the deficiency with reasonable particularity and the corrective action that
is to be taken within such period to cure the deficiency.
16.1.5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an
involuntary petition in bankruptcy against Concessionaire, the taking of possession of all or
substantially all of Concessionaire's assets pursuant to proceedings brought under the
provisions of any federal reorganization act or the appointment of a receiver of all or
substantially all of Concessionaire's assets and the failure of Concessionaire to secure the
return of such assets and/or the dismissal of such proceeding within ninety (90) days after the
filing.
16.1.6 The abandonment for a period of (7) days by Concessionaire of the conduct of its
services and operations at EPIC or City Park Pool.
16.1.7 The assignment by Concessionaire of its assets for the benefit of creditors.
16.1.8 The death of the Concessionaire or dissolving of the Corporation.
16.1.9 After written notice to the Concessionaire of any violation of the personal conduct
standards set forth in Section 4.4, above, and a hearing of the matter before the City's Director
of Purchasing and Risk Management, if such a hearing has been requested in writing received
by the Director of Purchasing and Risk Management within ten (10) days after mailing of written
notice of violation, a determination by the Director of Purchasing and Risk Management that the
-alleged violation has, in fact, occurred, and that such violation materially interferes with
Concessionaire's ability to perform its services hereunder in a manner satisfactory to the City or
otherwise impairs the benefits to be derived from the City by this Agreement, including the good
will, satisfaction, health and safety of the general public.
16.2 City's Remedies on Default.
16.2.1 In the event of a default by Concessionaire, the City may terminate this Agreement
effective immediately upon provision of written notice of such termination to Concessionaire. In
the alternative, the City may elect to keep the Agreement in force and work with Concessionaire
to cure the default. If this Agreement is terminated, the City shall have the right to take
possession of the Concession Space at the time of default. Concessionaire's liability to City for
damages and rent shall survive the termination, and the City may re-enter, take possession of
the Concession Space and remove any persons or property by legal action or by self-help with
the use of reasonable force and without liability for damages.
16.2.2 Following re-entry or abandonment, City may make arrangements for use of the
Concession Space by others and in that connection may make any suitable alterations or
refurbish the Concession Space, but City shall not be required to make such arrangement for
any use or purpose.
16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and
remedies reserved pursuant to this Article are in addition to any other rights or remedies the City
may have pursuant to this Agreement or to applicable law to seek judicial enforcement,
damages or any other lawful remedy.
ARTICLE 17
Miscellaneous Provisions
17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed
cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to the City, or Concessionaire, at law or in equity, and the exercise of any remedy, or
the existence herein of other remedies or indemnities shall not prevent the exercise of any other
remedy.
17.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to it by
virtue of the breach of any covenant, condition or agreement herein by the other party shall not
operate as a waiver of the exercise of such right or rights in the event of any subsequent breach
by such other party, nor shall such other party be relieved thereby from its obligations under the
terms hereof.
17.3 Non -liability of Individuals Other than Concessionaire. With the exception of
Concessionaire, no director, officer, agent or employee of either party hereto shall be charged
personally or held contractually liable by or to the other party under any term or provision of this
Agreement or of any supplement, modification or amendment to this Agreement because of any
breach thereof, or because of its or their execution or attempted execution of the same.
17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the
.Concession Space/Area, or any part thereof, for any purpose or use other than those authorized
by this Agreement. Neither shall Concessionaire permit nor suffer any disorderly noise or
nuisance whatsoever about the Concession Space, EPIC or City Park Pool.
17.5 Governing Law. This Agreement shall be performable and enforceable in Larimer
.County, Colorado, and shall be construed in accordance with the laws of the State of Colorado.
.17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Concessionaire, their successors and assigns, and is not made for the benefit of any third parry.
1.7.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it
shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
17.8 Successors and Assigns. All covenants, stipulations and agreements in this
Agreement shall extend to and bind each party hereto, its legal representatives, successors and
assigns.
17.9 Headings. The titles of the several articles of this Agreement are inserted herein for
convenience only, and are not intended and shall not be construed to affect in any manner the
terms and provisions hereof, or the interpretation or construction thereof.
17.10 Legal Fees. In the event any legal action or proceeding is brought to collect sums
due or to become due hereunder or any portion thereof or to enforce compliance with this
Agreement for failure to observe any of the covenants of this Agreement, the losing party
agrees to pay to the prevailing party such sums as the Court may judge reasonable for legal
fees, including attorneys' fees and costs, in such action or proceeding and in any appeal there
from.
17.11 Incorporation of Request for Proposals/Entire Agreement. Request for Proposal
Document, and all specifications included therein, and the Proposal submitted and interview
responses by the Concessionaire in response thereto, are incorporated and made a part of this
Agreement by this reference, except that in the event of a conflict between such documents and
the express terms of this Agreement, the terms of this Agreement shall prevail. This
Agreement, which is the entire agreement between the parties hereto, supersedes all prior
agreements, understandings, warranties or promises between the parties hereto, whether
written, spoken or implied from the conduct of the parties hereto, except as expressly
incorporated herein.
17.12 Severability. In the event any covenant, condition or provision of this Agreement is
held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants,
conditions or provisions of this Agreement, provided that the invalidity of any such covenant,
condition or provision does not materially prejudice either the City or the Concessionaire in his
or its respective rights and obligations under the valid covenants, conditions or provisions of this
Agreement.
17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier
termination as herein provided, Concessionaire shall remove all of its property from EPIC and
City Park Pool and surrender entire possession of its rights at EPIC and City Park Pool to City
and its improvements in accordance with Section 10 above, unless this Agreement is renewed
or replaced.
17.14 City Representative. The City designates the Recreation Manager as its
representative who shall make, within the scope of his/her authority, all necessary and proper
decisions with reference to this Agreement. All requests for contract interpretations,
amendments and other clarifications or instructions shall be directed to the City Representative.
17.15 Notices. Notices permitted or required to be given under this Agreement shall be in
writing and shall be deemed given upon personal delivery or upon deposit in the United States
Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such
other address as the parties may designate from time to time by notice given in accordance with
this Section:
To Concessionaire: Garry B. Bjorklund
5200 Stillwater Creek Ct.
Fort Collins, CO 80528
To the City: Purchasing Division
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522-0580
17.16 Paragraph Headings. Paragraph headings contained herein are for convenience and
reference, and are not intended to define or limit the scope of any provisions of this Agreement.
17.17 Schedules and Exhibits. Whenever reference is made in this Agreement to a
Schedule or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule
or Exhibit shall be deemed attached to and by this reference incorporated in this Agreement.
17.18 Force Maieure. Neither the City nor the Concessionaire shall be deemed in violation
of this Agreement if prevented from performing any of its obligations hereunder by reason of
strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, act
of public enemy, acts of superior governmental authority, weather conditions, rights, rebellion,
sabotage or any other circumstances that are not within its control.
17.19 No Limitation on General Powers. Nothing in this Agreement shall be construed as in
any way limiting the general powers of the City to fully exercise their governmental functions or
their obligations under any bond covenants or federal, state or local laws, rules or regulations.
17.20 No Relationship. Nothing contained herein shall be deemed or construed by the
parties hereto nor by any third party as creating the relationship of employer and employee,
principal and agent or a partnership or a joint venture between the parties hereto.
17.21 Survival. To the extent necessary to carry out all of the terms and provisions hereof,
the said terms, obligations and rights set forth herein required shall survive and shall not be
affected by the expiration or termination of this Agreement.
17.22 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Concessionaire represents and agrees that:
a. As of the date of this Agreement:
1. Concessionaire does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Concessionaire will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Concessionaire shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Concessionaire is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Concessionaire obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Concessionaire shall:
1. Notify such subcontractor and the City within three days that
Concessionaire has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Concessionaire
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Concessionaire shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Concessionaire violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Concessionaire shall be liable for actual
and consequential damages to the City arising out of Concessionaire's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Concessionaire violates
this provision of this Agreement and the City terminates the Agreement for such breach.
17.23 Amendment 54. To the extent that this Agreement may constitute a "sole source
government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution
of the State of Colorado, about which the City makes no representation, Section 15 of said
Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a
part hereof:
Section 15. Because of a presumption of impropriety between contributions to any
campaign and sole source government contracts, contract holders shall contractually
agree, for the duration of the contract and for two years thereafter, to cease making,
causing to be made, or inducing by any means, a contribution, directly or indirectly, on
behalf of the contract holder or on behalf of his or her immediate family member and for
the benefit of any political party or for the benefit of any candidate for any elected office
of the state (of Colorado) or any of its political subdivisions.
17.24. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit G — Affidavit Pursuant to C.R.S.
24-76.5-103", consisting of one (1) page, attached hereto and incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written
above.
THE CITY OF FORT COLLINS, COLORADO
A Muni ' al Corporation
JameV.f
O'Neill, II,CPPO, FNIGP
DirecoPurchasing and Risk Management
Date
CONCESSIOMAIRE
By. r
Garry B. Biorklund
Print Name
Oc)Al--,<
Title
1�41W/
Date
EXHIBIT A
City of Fort Collins
Cultural, Library and Recreational Services
Recreation Department
Policy: Contractor Personnel Conduct and Demeanor, and Background Screening for Positions of
Trust.
Under the terms and conditions of each respective Contractor's Agreement with the City, all Recreation
Professionals and Snack Bar Concessionaires shall control the conduct and demeanor of their
employees, volunteers, and other representatives or agents of the Contractor that will be working on
behalf of the Contractor in providing services to the City. The Contractor agrees to provide to the City
at all times a current list of employees, volunteers, and other representatives or agents of Contractor
that will be working on behalf of the Contractor in providing services to the City under their Agreement,
and that all such employees, volunteers, and other representatives or agents of Contractor agree to
adhere to the "Behavior/Standards of Personal Conduct and Performance."
Contractors and the City also hereby acknowledge and agree that certain services provided by the
Contractor will require that specified employees, volunteers, and other representatives or agents of the
Contractor act in "positions of trust" which can include the handling of and/or accounting for funds of the
City and/or of City property, or direct contact with youth and members of the general public.
Accordingly, each Contractor agrees that all specified employees, volunteers, or other representatives
or agents of Contractor in positions of trust shall be screened/investigated at the expense of the
Contractor using the City's contracted background screening/investigation procedure as described in
each respective contractor's Agreement; and that the results of such background
screening/investigation shall be provided to the City prior to any such persons participation in the
provision of services, as described in each respective contractor's Agreement. Each Contractor shall
require the completion and execution of the Disclosure/Waiver form for all specified employees,
volunteers, and other representatives or agents of Contractor. The purpose of this form is to provide
the necessary information about an applicant and permission to review confidential information for a
complete and thorough background screening/investigation. The Contractor shall provide to all said
employees, volunteers, and other representatives or agents a Summary of Rights under the Fair Credit
Reporting Act..
The background screening/investigation shall include, but is not necessarily limited to, checking arrests
and/or conviction records, driving records, credit history, education, previous employment and volunteer
work and other records as may be appropriate, and references, including review of any records of
information available to the City as a result of past employment or contractual relationships the
employee, volunteer, or other representative or agent has had with the Contractor or the City.
The City will provide assistance in completing the background screening/investigation, including
providing the completed disclosure form to an outside vendor for a confidential records check.
Contractor acknowledges that by providing such assistance the City assumes no responsibility for the
timeliness, accuracy or completeness of the background screening/investigation, or for the direct or
indirect consequences resulting from the same, and the Contractor shall hold the City harmless for any
injury or loss resulting therefrom.
The Contractor shall make job assignments and responsibility assignments based upon and in
consideration of the background screening/investigation, and shall not permit any person to perform
. ARTICLE.3
Rights of Ingress and Egress
3.1 In General. The Concessionaire shall have the right of ingress and egress to and
from the EPIC and City Park Pool and Concession Space 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.
3.2 Closures. The City may, at any time, temporarily or permanently; close or consent to
or request the closing of any roadway or any other way at, in, or near the EPIC and City Park
Pool, presently or hereafter used as such, so long as a reasonable and safe means of ingress
and egress remains available to Concessionaire.
ARTICLE 4
Undertakings of Concessionaire
4.1 Service. Concessionaire agrees as follows:
4.1.1 The Concessionaire shall furnish and pay for all equipment, except as otherwise
provided by the City pursuant to Article 9, all goods, labor, transportation, supervision and
services .necessary to provide food and beverage services in accordance with this Agreement.
4.1.2 Services provided by the Concessionaire shall include the maintenance of an
adequate stock of food and beverage supplies, condiments, eating utensils, napkins, plates,
cups,.and any kitchen utensils necessary to serve the demand for such items at EPIC and City
Park .Pool. Any disposable cups, plates or eating utensils must be either compostable or
recyclable.
4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide the
public high quality food and beverages and a high level of public service. Therefore,
Concessionaire agrees to offer for sale from the Concession Space only good quality food and
beverages at fair and competitive pricing, relative to comparable restaurant facilities in Fort
Collins. If, in the opinion of the City, the pricing is not comparable, or the selection of items
offered is inadequate or not of good quality, or if any of the items are found to be objectionable
for display and/or sale in a public facility, then the pricing shall change or the items shall be
removed or replaced as required by the City. The City Representative shall meet and confer
with Concessionaire regarding such matters. However, Concessionaire acknowledges that the
City's determination as to the same shall be conclusive. Failure of Concessionaire to correct,
rectify or modify its prices or quality within five (5) days of being advised in writing to do so shall
be cause for default.
4.1.4 Concessionaire shall submit to the City for review a list of all items to be sold in the
concession area and proposed prices for all such items as listed on Exhibit F, which is attached
hereto and incorporated here in by this reference. The Concessionaire shall submit to the City
in writing all subsequent item and price changes.
4.2 Hours of Operation. Subject to the exception for inclement weather, expressed in
4.2.1 below, the Concessionaire will be required to provide daily food and beverage services in
the Concession Spaces at EPIC year round and seasonally at City Park Pool.
any position for which such person's character or suitability are reasonably in question based upon the
information obtained in connection with a background screening/investigation. The City may, in its
discretion, object to any assignments of Contractor Personnel to positions of trust, as based upon the
background screening/investigation. In the event that information from the report is utilized in whole or
in part in making an adverse decision with regard to potential
employment/volunteer/representative/agent status, before making the adverse decision, the City will
attempt to provide Contractor with a copy of the consumer report/criminal history.
Specified employees, volunteers, and other representatives or agents of Contractors identified at this
time to be in positions of trust shall include, but are not necessarily limited to, all top assistants, area or
section managers, lesson providers, personnel that directly handle and/or account for City funds; and
those positions that can work individually with youth or members of the general public.
Contractor Process for Obtaining Background Screening/Investigation Information
1. Once an employee, volunteer, other representative or agent has been selected by the Contractor,
the employee, volunteer, other representative or agent (applicant) shall complete the background
screening/investigation form, which is titled "Disclosure to Prospective Employees, Volunteers, or
Other Representatives or Agents of Contractors Regarding Procurement of a Consumer Report
(including a criminal history report)."
2. When the employee, volunteer, other representative or agent (applicant) has completed and signed
the form, the Contractor shall initial and date the bottom of the form, giving the bottom copy of the
form to the applicant. The Contractor shall also give to the applicant at this time a summary of
his/her rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act also
imposes requirements and procedures related to any adverse decisions based upon credit
information.
3. The Contractor keeps one copy of the form and forwards the original signed copy of the form to the
Golf Division Administrative office. In order to expedite the processing time, the Contractor may
also FAX a copy or bring the original copy of the form to the golf Division Administrative Aide. Once
the Administrative Aide enters the form information into the computer, it takes three to four days for
the City's contracted background screening/investigation firm to perform their service.
4. Because of the large number of applicants being screened using this similar process, there shall be
no notification to the Contractor unless an applicant receives a negative report within four days of
the time that the Administrative Aide enters the information into the computer. Therefore, the
applicant may begin assignment for the Contractor after four days unless the Contractor is notified
otherwise. However, be aware that it is possible that we could receive a negative report after four
days, and we will have to address the situation at that time.
EXHIBIT B
DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS,
OR OTHER REPRESENTATIVES OR AGENTS OF CONTRACTORS
REGARDING PROCUREMENT OF A CONSUMER REPORT
(including a criminal history report)
In connection with your status as a prospective employee, volunteer, or other representative or agent of the
Contractor, Contractor and the City of Fort Collins may procure a consumer report/criminal history on you as part
of the process of considering your candidacy for said status. The investigation conducted in conjunction with the
report may include an investigation of your personal employment/volunteer history, education, financial, and
credit records, public records concerning your driving record, civil and criminal court records, county, state, and
Federal tax liens, notices of default and bankruptcies, and other records as may be appropriate. In the event that
information from the report is utilized in whole or in part in making an adverse decision with regard to your
potential employment/volunteer/representative/agent status, before making the adverse decision, the City and the
Contractor will attempt to provide you and the Contractor with a copy of the consumer report/criminal history and
a description in writing of your rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act
gives you specific rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF YOUR
RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document.
By your signature below, you hereby authorize us to obtain a consumer report and/or an investigative report about
you in order to consider your status as a prospective employee, volunteer, or other representative or agent for the
Contractor.
Applicant's Name:
(Please Print) First Middle Last
Signature:
Applicant' Address:
City/State/Zip:
Driver's License #:
Signature of Parent or Guardian:
(if Applicant is under the age of 18):
Other names used in the last seven (7) years:
Date of Birth:
Social Security #:
Previous out-of-state address(es) in the past seven (7) years.
1.
Address City County State Zip
2.
Address City County State Zip
Please list any additional addresses on the back of this page.
Contractor's Initials: Date: City Staff Initials: Date:
EXHIBIT C
Pura infi►r►nncion en espanol, visile ww».jtc.1?ov/credit o escrihe a 1a FTC ConsumerRespo►tse
Center, Room 130-.A 600 Pennsylvania Ave. A.IV, 1Vashit glon. D.C. 20580.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness; and privacy of
information in the tiles of consumer reporting_ agencies. There are many types of consunlerreporting
a�igencles, including credit bureaus and specialty agencies (such as agencies that sell information about
check wrllnlg histories, medical records; and rental history records). Here is a summary of your major
rights Under the FCRA. For more information, including information about additional rights, go
to www.ftc.goy/credit or write to: Consumer Response Center, Room 130-A, Federal Trade
Commission, 600 Pennsyh°ania Ave. N. V., Washington, D.C. 20580.
• You must be told if information in your file has been used against you. Anyone who ux s a
credit report or another type of Consumer report to deny your application for credit, insurance,
or employment — or to take another adverse action against you — nurst tell YOU, and must give
you the name, address, and phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and obtain all the
information about you in the tiles of a Consumer reporting agency your "rile disclosure"). You
will be required to provide proper identification. which may include _your Social Security
number. In many cases, the disclosure will be free. You arc entitled to a tree file disclosure if.
a person has taken adverse action against you becaLISC Of information in your credit
rcl)ort;
• you arc the victim of identify theft and place a fraud alert in your file;
• your tilt contains inaccUrate Inforllation as a result Of fraud;
• you are on public assistance;
• you arc unemployed but expcc:t to apply for employment within 60 clays.
In addition, by September 2005 all consumers will be entitled to one free disclosure every 12
months upon ralucst from each nationwide credit bureul and from nationwide specialty
C011SLIiIler reporting agencies. See %yxyw.flc.!—;oy/credit for additional information.
You have the right to ask for a credit score. Credit scores arc numerical sunullaries of your
credit -worthiness based on inlixmation from credit bUrCallS. You may request a credit score
f -orn conslllllf:r reporting agencies that Create scores or distribute wore.,, used ill residential real
propetl_y loans, but you will have to pay for it. In some mortgage transactions, you will receive
credit score information for free from the mortgage lender.
You have the right to dispute incomplete or inaccurate information. If you identify
information in your file that is incomplete or inaccurate, and report it to the consumer reporting
a-enc_y the agency must investigate unless your dispute is frivolous. See www.ftc.gov/credit
for an explanation of dispute procedures.
Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete or unverifiable information must be
removed or corrected, usually within 30 days. However, a CO11SLIrner reporting agency may
continuC to report information it has verified as accurate.
• Consumer reporting agencies may not report outdated negative information. In most
cases, a consumer reporting agency may not report negative information that is more than seven
years old, or bankrupts ies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about
you only to people with a valid need -- usually to consider an application with a creditor;
insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for
access.
• You must give your consent for reports to be provided to employers. A consumer
reporting agency may not give out information about you to your employer, or a potential
employer, without your written consent given to the employer. Written consent generally is not
required in the trucking- industry. For more information, go to www.ftc.eov/credit.
• You may limit "prescreened" offers of credit and insurance you get based on information
in your credit report. Unsolicited "prescreened" offers for credit and insurance must include
a toll -tree phone number you can call if you choose to remove your name and address from the
lists these offers are based on. You may opt -our with the nationwide credit bureaus at 1-800-
XXX-XXXX.
• You may seek damages from violators. If a consumer reporting agency, or, in some cases, a
user ofconsumer reports or a furnisher ofinforl-nation to a consumer reporting agency violates
the FORA, you may be able to sue in state or federal court.
• Identity theft victims and active duty military personnel have additional rights. For more
information, visit www.ftc.gov/credit.
States may enforce the FCRA, and many states have their own consumer reporting laws. In
some cases,. you may have more rights under state law. For more information, contact ,your state
or local consumer protection agency or your state Attorney General. Federal enforcers are:
TYPE OF BUSINESS:
CONTACT:
Consumer reporting agencies, creditors and others not listed below
Federal Trade Commission: Consumer Response Center - FCRA
Washington, DC 20580 1-877-382-4357
National banks, federal branches/agencies of foreign banks (word
Office of the Comptroller of the Currency
"National" or initials "N.A." appear in or after bank's name)
Compliance Management, Mail Stop 6-6
Washington. DC 20219 800-613-6743
Federal Reserve System member banks (except national banks. and
Federal Reserve Board
federal branches/agencies of foreign banks)
Division of Consumer & Community Affairs
Washington, DC 20551 202452-3693
Savings associations and federally chartered savings banks (word
Office of Thrift Supervision
Federal" or initials "F.S.B." appear in federal institution's name)
Consumer Complaints
Washington, DC 20552 800-842-6929
Federal credit unions (words "Federal Credit Union" appear in
National Credit Union Administration
institution's name)
1775 Duke Street
Alexandria, VA 22314 703-519-4600
State -chartered banks that are not members of the Federal Reserve
Federal Deposit Insurance Corporation
System
Consumer Response Center, 2345 Grand Avenue. Suite 100
Kansas City, Missouri 64108-2638 1-877-275-3342
Air, surface, or rail common carriers regulated by former Civil
Department of Transportation. Office of Financial Management
Aeronautics Board or Interstate Commerce Commission
Washington. DC 20590 202-366-1306
ctivities subject to the Packers and Stockyards Act, 1921
of Agriculture
RDepartment
(lice of Deputy Administrator - GIPSA
ashin ton, DC 20250 202-720-7051
*A:11-311aif,
EQUIPMENT INVENTORY
Page 1 of 2
EPIC CONCESSION SPACE
City Owned Items Leased or on Loan Items
1-True Freezer
1-Single Door Reach -In
Refrigerator
Coca-Cola
1-True Reach -In
2 -Cheese Dispensers Hot
Top
Gehl's and
S sco Foods.
1-Lot Shelving
�:'�r na
2 -Coffee Makers
Farmer Bros.
Coffee
1-Ice Maker
w :=y
1-Hot Cocoa/Cappuccino
Machine
Farmer Bros.
Coffee
1-Reach-In Counter Top
1-Pretzel Humidified
Display
J&J Pretzel
1-Convection Oven
,-
a' T:
1-6 Head Coca Cola
Fountain Dispenser
Coca Cola
1-Hot Dog Roller
1-Slushee Dispenser (2
Flavor)
Jondon
Trevino
1-Microwave Oven
1 - Two -Door Slider
Refrigerator
Coca Cola
1-Nacho Chip Dispenser
1-Ice Cream Freezer
. x
1-Po corn Popper
1-Upright Freezer
{ t.
1-Electric Buffet Server
1-Chest Type Freezer
1-Ice Merchandiser
EXHIBIT D
EQUIPMENT INVENTORY
Page 2 of 2
CITY PARK POOL CONCESSION SPACE
City Owned Items Leased or on Loan Items
1-True Two door Freezer
2 — Counter Top
Refrigerators
Coca-Cola
1-Ice Maker & Bin
1 — Coca-Cola Fountain
Dispenser
Coca-Cola
1-Chip Warmer
1 - Two -Door Slider
Refri erator
Coca-Cola
1-Single Door Artic Air
Freezer
;.
1 - Slushee Dispenser
2 Flavor
Jondon
Trevino
1-Single Door Artic Air
Refrigerator
1-Hot Dog Roller
1-Microwave Oven
2- Gehls Hot Tops
1-Nacho Chip Dispenser
1-Po corn Popper
EXHIBIT E
INSURANCE REQUIREMENTS
1. 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 $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
Rev7/2009
02/26/2010 15:58 9704043210
PAGE 01/01
ACOR D ` CER`�IFICATE 4F LIABILITY INSURANCE
UAIh(MMrDDMY()
PnooucaT
Chuck Nolan6USAI
121 E. Swaliow
Ft Collins
Rd[ #115
60 805i5
THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND 09
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2
�
INSURERS AFFORDING COVERAGE NAIC#
INSURED Char
DBAjroffe�Or
5200IStillv6ter
Folrt.l
B j orklund
Munchie
Creek CT
C011i", CO 80528
INDUCn A; luLtionwl Fwzmmwp vnion xmp .
INSUA5AIa. Colorado C".,uklgy
INSURERC:
INSURER D:
INSURER E:
COVERA6ES I I
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT] TERM OR bomrriON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE IA =)F_D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. A0 3AEeALrE LIMITS ShOWN MAYHAVE BEEN REDUCED BY PAID CLAIM$,
T
DAD
1 F SU N
POLICY
POLICYEFFECTNE
DATE MIDDlYY
POUCYEXPIRATICN
DA MO
LIMITS
GEN ERAL LIA61LITY 1
EACH OCCURRENCE
$ $j[
COMMERCEAL GENEFIAL LIABILITY
CLAIMSMADE EDOCr.UR
PREMISES Ea oaaurenoe
3 50.000
MED EXP (Any one person)
!b 5 000
A
X
i
P bi7D1NG
02/22/10
02/22/11
PER3oNALaADvtnuupY
- - w
000
GENERAL AGGREGATE
A 2.000.000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY jT Q.
PRODUCTS - comp/op Arm
S Q Q�1�_O_O jL
AUTO MOBILELIA131LITY I
aNY AI ITCT
COMBINER SINGLE LIMIT
(Eamiderd)
$
ALL OW NED AUTO5
SCHEDULED AUTOS I
901DILYINJURY
(Pot pt mon)
S
HIRED AUTOS
NON -OWNED AUTOS j
i
BODILYINJURY
(Ptraccidsn()
9
PROPERTV LIAMACE
(Peramident)
j
GARAGE LIABILITY !
AUTO ONLY -EA ACCIDENT
S
ANYAUTO I
OTHER THAN EA ACC
g
AUTOONLY: A00
$
EXCES&VMBRELLA 4IABILI'1Y
i
OCCUR CI CLP�IMSMAOE
EACH OCCURRENCE
$
AGGREGATE
$
8
i
DEDUCTIBLE
S
RETENTION S
$
WORKERS COMPENSATION AND
FMPE OYFRR' I IARII ITY
ANY PR0PR1h70PJPARTN991EXECUTNEI
OFRCERAEUSER EXCLUDED7 I
Ifyyp�.. tlArib6ut%br500,000
SPE�IALPROVISIONS befow
OTHER
400279.1991
- —
02/22/10
7Z
02/22/11
U -
--O,RYLJ_KkI S I E8_
E.L. EACH ACCIDENT _
5 100. Q
E.L. DISEASE, EA EMPLOYE
$
El. DISEASE •POLICY LIMIT IS
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES I PEXCLUSIONS ADDED BY ENDORSEMENTrSpE( WLPROVI510N3
CONCESSION STAND
i
City .of Fort
Purchasing ID
Attni Dave ;C
PO BOX 5801
Fort Collies
Collins
CO 80522
CANCE LLA
SHOULD ANY OF THE ABOVE UftGNIEIEU VUI.X. NS Elk; CANt 641.I=u Ifrt HIZ I ME EXh'IHA I ION
DATE THESECF, THE ISSUING ENSURER WILL ENDEAVOR TO MAII.10 RAYS wRfETEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OALIGATION On LIABILITY Or ANY KIND UPON THE INSURER, ITS AGENTS OR
REfM•1ES V[S_
ACORD25(2001/"-------
0ACOROCORPORATION1991
EXHIBIT F
Sandwiches
Bagel (with Cream Cheese) ...... $2.00
Corn Dogs ........................ -....
5'1.50
Hydro
Hot Dog.................................S2.50
Mini Pizza (Cheese).................S4.00
Mini Pizza (Pepperoni)..............S4.00
Chicken Fingers ....... ...............53.50
Concessions
Chicken Sandwich ...................S4.50
Hamburger (with Chips) ............
Cheeseburger (with Chip) ..........
55.00
S5.00
at
Peanut Butter & Jelly................S1.50
$oUp
EPIC
Cup
Bowl
Soup of the day ...... $2.00
S3.00
Cup O Noodles ....... $1.25
Dessert
sm
Large
Floats...............S2.00
54.00
Walrus Ice Cream (Cup) ....
$2.50
Walrus Ice Cream (Cone) ...
S2.50
Ice Cream Sandwich .........
5 .75
Drum Stick ......................S-1.00
Italian Ice ........................S1.50
Epic Chill (900•o Fruit Juice)
---s-i.50
Muffins (Assorted Flavors)......
S-1.50
Eileen's Cookies...............5'1.25
Eileen's Brownies..............S1.50
Funnel Cake
(wlPowdered Sugar) ..........
S2.00
Rev7/2009
Concession Schedule
School Hours
M-F..............3:00 p.m. — 8:00 p.m.
Saturday .....10:00 a.m. — 7:00 p.m.
Sunday ..............Noon — 6:00 p.m.
Summer Hours
M-F............ 10:00 a.m. — 8:00 p.m.
Saturday .....10:00 a.m. — 7:00 p.m.
Sunday ..............Noon — 5:30 p.m.
Fountain
Beverages
Sm
Med
Large
Coca Cola
$1.00
S1.50
S2.00
Diet Coke
$1.00
S1.50
S2.00
Sprite
S1.00
S1.50
S2.00
Mr. Pibb
$1.00
S'1.50
S2.00
Root Beer
$1.00
S1.50
S2.00
Pink Lemonade
S1.00
$1.50
$2.00
Iced Tea
S 1.00
S1.50
$2.00
Bottled
Beverages
Bottled Water- .....................
S1.25
Orange Juice .......................
S1.00
Arizona Tea .........................
S1.50
PowerAde ...........................
S1.50
Smart Water ........................
S-1.50
Vitamin Water ......................
S1.50
Red Bull .............................
S2.50
Full Throttle ........................
S2.50
Rock Star .............................
S2.50
Bing Energy Drink .................
S2.50
Mix 1 (Antioxidant Drinx)...........
S2.50
Frappuccino ........................
S2.50
Chocolate Milk .....................
S-1.50
Hot
Beverages
Coffee........... $1.00
Hot Tea.......... $1.00
Hot Cocoa...... $1.00
a'a
Rev7/2009
Healthy Choices
Sm Large
Veggies 'n Dip ...............S2.00
$3.00
Fruit Cup........................S
.75
Fresh Fruit .......... ............
S .50
String Cheese ................S
.50
Fruit Smoothies...............S2.50
Yogurt ...........................S
.75
Oatmeal To Go ...............
S .75
Ponder Bar.......................$2.00
Fiber One Bar...................$1.50
Nutri-Grain Cereal Bar.......
$ .75
Nature Valley Bar..............S
.50
Quaker Cheery Bar -------------
S .50
,02
Fats. Oils and Sweets
c
Breads, Grains and Other S?arches
Meat,
Meat Subst Lutes
and Other
Proteins
Snacks
Sm
Large
Nachos ....... ..................
$3.50
$4.50
Chips `n Salsa ...............$3.00
$4.00
Popcorn ........................S1.00
S,1.50
Pretzels (Plant) ...............$2.50
Pretzels (tvith Jalapenos)...
S2.75
Pretzels (tvith Cheese) ......
S2-75
Rice Krispy Treats ------------
S .50
4.2.1 The parties agree that the hours of operation will conform to the hours listed below.
However, the Concessionaire shall not be required to operate the concession when
the EPIC or City Park Pool is closed due to bad weather or other reason as approved
by the City. Any other hours of operation must be mutually agreed upon between the
Concessionaire and the City Representative.
Concession Hours - EPIC
'School Hours
M -F
3:00-8:00 p.m.
Saturday
10:00 a.m. - 7:00 p.m.
Sunday
Noon -6.00 p.m.
;Summer Hours
M - F
10:00 a.m. - 8:00 p.m.
Saturday
10:00 a.m. - 7:00 .m.
Sunday
Noon - 5:30 p.m.
Concession Hours — City Park Pool
!Season Hours —Approximately Memorial
Day Weekend Until Mid -August
Monday - Sunda 11:00 a.m. - 7.30 p.m.
4.3 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor
of its agents and employees. If the City so requests, Concessionaire agrees to supply and
require its employees to wear suitable attire and to wear or cant' badges or other suitable
means of identification, the form of which shall be subject to prior and continuing approval of the
City.
4.3.1 The Concessionaire agrees to provide to the City at all times a current list of
employees, volunteers, and other representatives or agents of Concessionaire that will be
working on behalf of Concessionaire in providing services to the City under this Agreement.
The Concessionaire and the City acknowledge and agree that certain services provided by
Concessionaire will require that employees, volunteers, and other representatives or agents of
Concessionaire act in positions of trust which will entail the handling of and accounting for funds
of the City and City property, or direct contact with youth and other members of the general
public. Accordingly, Concessionaire agrees that all employees, volunteers, and other
representatives or agents of the Concessionaire in positions of trust, as described in Exhibit A,
consisting of two (2) pages and incorporated herein by this reference, shall be screened using
the background screening procedure described on Exhibit A, at Concessionaires expense, and
that the results of such background screening shall be provided to the City prior to any such
persons participation in the provision of services hereunder. The Concessionaire shall require
the completion and execution of the Disclosure/Request, Authorization, and Waiver form
attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this
reference. Concessionaire shall also provide to their employees/volunteers a copy of the
Summary of Rights under the Fair Credit Reporting Act attached hereto as Exhibit C, consisting
of two (2) pages and incorporated herein by this reference.
EXHIBIT G
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
1, Gav'r Y � B)'crK(Nn� swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
i/ I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal ense a ch e a public benefit is fraudulently received.
a 2 /
at a Date
INTERNAL USE ONLY Valid forms of identification
T--current Colorado driver's license, minor driver's license, probationary driver's license,
commercial drivers license, restricted driver's license, instruction permit
P--current Colorado identification card
p--U.S. military card or dependent identification card
T--U.S. coast guard merchant mariner card
P --- Native American tribal document
The following forms of identification may be accepted
T--original birth certificate from any state of the United States
Y --- certificate verifying naturalized status by U.S. with photo and raised seal
q--certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
T--order of adoption by a U.S. court with seal of certification
T--valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, MD,
MI, NM, OR, UT, and WI
q--valid immigration documents demonstrating lawful presence, e.g., current foreign passport with
current 1-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired
Resident Alien card, Permanent Resident card or Employment Authorization card
*A waiver may be available where no identification exists or can be obtained due to a medical
condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's
license. Contact your department director.
Rev?/2009
4.3.2 The City may provide assistance in completing the background investigation,
including providing information from the completed disclosure form to an outside vendor for a
confidential records check. Concessionaire acknowledges that in such event, by providing such
assistance to Concessionaire, the City assumes no responsibility for the timeliness, accuracy or
completeness of the background investigation, or for the direct or indirect consequences
resulting from the same, and Concessionaire shall hold the City harmless for any injury or loss
resulting therefrom.
4.3.3 In the event that a background check, or any other information available to the
Concessionaire or the City, raises questions about the trustworthiness, fitness for provision of
services under this Agreement, competence or suitability of any individual for a position of trust
of any kind, including handling of funds, City equipment or property, or working with youths or
other members of the general public, such individual shall not be employed or allowed to
volunteer in connection with the services or activities required or permitted under this
Agreement, or in a manner that would permit contact by that person with the funds, equipment,
property associated with the provision of services hereunder, or persons participating in
programs or services provided under this Agreement.
4.3.4 Upon receipt of written notice from the City of any reasonable objection from the City
concerning trustworthiness, fitness for provision of services under this Agreement, competence
or suitability of any individual for a position of trust of any kind, or concerning conduct,
demeanor or competence of any employee or volunteer of Concessionaire, the Concessionaire
shall immediately take all lawful steps to remove or otherwise address to the City's reasonable
satisfaction the cause of the objection or to remove such individual from the performance of any
services provided hereunder.
4.3.5 The following constitute unacceptable personal conduct that the parties acknowledge
and agree shall be subject to reasonable objection by the City. The parties acknowledge that
other conduct not listed in this Section may be determined by the City to be reasonably
expected to impair Concessionaire's ability to provide satisfactory services under this
Agreement, and may also give rise to a reasonable objection by the City to which
Concessionaire shall be expected to respond as set forth herein. In the event that
Concessionaire, or the individual site manager, if different from Concessionaire, commits any of
the following examples of unacceptable conduct, or fails or refuses to take reasonable action to
correct such conduct by any person providing services for or on behalf of Concessionaire
hereunder, the City may give Concessionaire notice of violation and proceed in the manner as
set forth in Section 16.1.9.
A. Commission or conviction of a felony, or of any crime involving moral turpitude;
B. Theft or misuse of City money or property;
C. Harassment of, or discrimination against, any individual based on race,
religion, national origin, age, sex, sexual orientation or disability;
D. Falsification, unauthorized use or destruction of City records, reports or other
data or information belonging to the City;
E. Abusive or threatening treatment of any person, including, but not limited to
physical or verbal confrontation;
F. Using, consuming, possessing, having in the body or distributing alcohol
(except in the normal performance of concession services) or controlled
substances during working time;
G. Destruction, loss or abuse of City property;
H. Unauthorized use of City equipment or property for personal use; or
I. Possessing or maintaining sexually explicit materials on City property.
4.4 Statements. Recordkeeping and Audits. Concessionaire shall keep books and
records of the business, including an accounting of all revenue and expenses of the concession
operation, in accordance with good accounting practice and in such form as is satisfactory to the
City. The Concessionaire hereby grants to the City the right to audit Concessionaire's books
and records for its operation EPIC and City Park Pool and agrees to make available to the City,
or its authorized representative, at any time, Monday through Friday inclusive, between the
hours of 9:00 a.m. and 5:00 p.m., at the offices of the City or EPIC, at the City's election, all
records, books and relevant related information as may be required for audit purposes.
4.5 Physical Interference. Concessionaire shall not do, nor permit to be done, anything
which may interfere with the effectiveness or accessibility of the drainage system, sewerage
system, fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if
any, installed or located at EPIC and City Park Pool.
4.6 Taxes. Concessionaire agrees to pay all local, state and federal social security,
unemployment insurance, sales, use, personal property, possessory interest, and other 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 at EPIC and
City Park Pool, 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 or use 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! at EPIC and City Park Pool,. 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 the use of the Concession Space at EPIC and City Park Pool,.
Nothing herein shall prevent Concessionaire from protesting, through due process, any taxes
levied.
4.7 Licenses. Concessionaire agrees to obtain and pay for all licenses necessary in
connection with its operation, including but not limited to, a County Health Department Food
Services Establishment inspection, and a City business license and/or occupation license.
Failure to quality for a required license, or failure to obtain any such license within thirty (30)
days of execution of this Agreement shall constitute a default hereunder.
4.7.1 Any such licenses held by the Concessionaire in connection with this Agreement shall
be surrendered by the Concessionaire upon termination of this Agreement.
4.7.2 Upon Concessionaire's surrender of all licenses and acquisition of new licenses by
such replacement concessionaire as the City may select, the City shall reimburse
Concessionaire for such proportional amount of the cost of the license as may be attributable to
any remaining period which may exist from the. date of Concessionaire's surrender to license
expiration.
4.8 Vending Machines This Agreement does not include Concessionaire's use of vending
machines in the supplying of food, beverages or incidental items.
ARTICLE,,5
Employing Illegal Aliens
5.1 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Concessionaire represents and agrees that:
a. As of the date of this Agreement:
1. Concessionaire does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Concessionaire will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Concessionaire shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Concessionaire is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Concessionaire obtains actual knowledge that a subcontractor performing work
.under this Agreement knowingly employs or contracts with an illegal alien,
Concessionaire shall:
1. Notify such subcontractor and the City within three days that
Concessionaire has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Concessionaire
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Concessionaire shall comply with any reasonable request by the Colorado
.Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Concessionaire violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Concessionaire shall be liable for actual
and consequential damages to the City arising out of Concessionaire's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Concessionaire violates
this provision of this Agreement and the City terminates the Agreement for such breach.
ARTICLE 6
Term
6.1 Period. The Agreement shall commence upon the date of execution shown on the
signature page of the Agreement and shall continue in full force and effect for one (1) year. In
addition, the Agreement may be extended for an additional one year periods not to exceed four
(4) additional one year periods.
However, either party may terminate this Agreement without cause, by providing written notice
to the other party of its intention to terminate at least ninety (90) days prior to the end of the then
existing term.
6.2 Holdinq Over. In the event that the Concessionaire, or its successor in interest, if
any, shall remain beyond the term set forth herein, although no right to remain is given by this
Article, it is the intention of the parties and it is hereby agreed that a right of use from month -to -
month shall then arise subject to all provisions and conditions of this Agreement in connection
with such right, except that the City shall have the sole right to determine reasonable fees for
any holdover period.
ARTICLE 7
Fee For Conductinq Business
7.1 Concession Fee. For the privilege of conducting the concession operations
hereunder, and the exclusive use of the Concession Space, the Concessionaire shall pay to the
City Four -Thousand -Six -Hundred -Twenty Dollars ($4,620.00) annually as the Concession Fee.
Concession fee will be split into monthly payments of Three -Hundred -Eighty -Five Dollars
($385.00). Two (2) payments are due to the City on the Agreement execution date. Subsequent
payments due per Section 7.2. Monthly payments are non-refundable.
Concessionaire shall also pay to the City fifty (50) percent of net profits after "Break Even" point
of One -Hundred -Eighty -Five -Thousand Dollars ($185,000.00) in gross sales has been met.
Profit payment must be submitted to the City by last day of the Agreement period.
7.1.1 During the term of the Agreement, Concessionaire shall provide busing and janitorial
services described in Section 8.3, at the Concession Space/Area.
7.2 Time of Payment. The Concessionaire shall pay the Concession Fee monthly no later
than fifteen (15) days after the first day of the next month.
7.3 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due
amounts at the rate of eighteen percent (18%) per annum from the due date, until paid.
7.4 Method of Payment. Payment for all fees under Article 7 shall be by check or money
order payable to the order of "City of Fort Collins— EPIC Concessions" and "City of Fort
Collins —City Park Pool Concessions" and shall be mailed or personally delivered to the City
Representative.
ARTICLE 8 .
Utilities. Maintenance and Janitorial Duties
8.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash
collection, recycling, basic facility security system, natural gas and electric services to the
Concession Space.
8.2 Maintenance and Repair. The City shall maintain and repair the Concession Space
and City equipment and fixtures (defined in Article 9). Concessionaire shall submit all requests
for repairs or maintenance to the City Representative. Notwithstanding anything to the contrary
contained herein, the City shall not in any way be liable to the Concessionaire for failure to
make repairs as herein specifically required of it unless the Concessionaire has previously
notified the City in writing of a need for such repairs, and the City has failed to commence and
complete said repairs within a reasonable period of time following receipt of the
Concessionaire's written notification.
8.2.1 The Concessionaire shall neither hold nor attempt to hold the City liable for any injury
or damage, either approximate or remote, occasioned through or caused by defective electrical
wiring or the breaking or stoppage of plumbing or sewage upon the Concession Space/Area,
whether said breakage or stoppage results from freezing or otherwise.
8.3 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space/Area
and its fixtures clean and in good sanitary condition as required by the ordinances, resolutions,
statutes and health, sanitary and police regulations of the City of Fort Collins, County of Larimer
and State of Colorado.
8.3.1 Concessionaire shall thoroughly clean the entire Concession Space/Area, including all
equipment and fixtures, whether provided by the City or Concessionaire, the grills and exhaust,
ovens, floors, sinks counters, refrigerators and all coils, at least four (4) times per year at
minimum; once prior to, once during, and once after the close of the May through August City
Park Pool swim season.
8.3.2 Concessionaire is responsible for the ongoing cleanliness of the Concession
Space/Area in order to provide a clean and orderly appearance for patrons, including but not
limited to, removing trash accumulations to designated trash containers.
ARTICLE 9
Acceptance and Trade Fixtures
9.1 Concession Space, City Equipment and Fixtures. In addition to the Concession
Space, the City shall provide the following:
9.1.1 Existing equipment as listed on Exhibit D, attached hereto and made a part hereof;
9.1.2 Lighting fixtures for general area illumination; and
9.1.3 Heat and air conditioning.
9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall
acknowledge that it accepts the Concession Space as well as any City equipment and fixtures
"as is."
9.3 Installation of Equipment and Trade Fixtures. Except for the items listed on
Exhibit D, attached hereto and made a part hereof, no equipment, trade fixtures, signs or other
personal property used by Concessionaire in its business, whether or not attached to the
Clubhouse or any improvements thereon, shall be installed without the prior written approval of
the City.
9.4 Removal of Equipment, Trade Fixtures. Concessionaire shall have the right at any
time during the term of this Agreement or upon termination and within ten (10) days thereafter,
to remove all trade fixtures, equipment and other personal property subject to any valid lien the
City may have thereon for unpaid rents or installation of equipment in lieu of Concession Fee
pursuant to Article 7. Any property not so removed by Concessionaire upon termination shall
become a part of the realty on which it is located and title thereto shall vest in the City.
9.5 Title to Improvements. Upon installation or erection of Improvements, such
improvements (but excluding any of Concessionaire's personal property and trade fixtures
which are attached or affixed thereto) shall become a part of the realty upon which they are
erected and title thereto shall vest in the City. Upon vesting, the Improvements become part of
the Concession Space and are subject to the terms applicable to the Concession Space within
this Agreement.
9.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal
property installed by Concessionaire shall be subject to and conform in all respects to the
applicable statutes, ordinances, building codes, rules and regulations of all governmental
agencies which have jurisdiction over such matters.
ARTICLE 10
Damage by Concessionaire
10.1 The Concessionaire shall be liable for and shall repair, replace or cause to be
repaired or replaced within fifteen (15) days after occurrence, any damage, EPIC, City Park
Pool, including the Concession Space/Area, or to City's property, equipment and fixtures
(defined in Article 9) caused by Concessionaire, its officers, agents, employees or anyone
acting under its direction and control, ordinary wear and tear excepted. All repairs or
replacements shall be made promptly and when necessary and shall be in a quality and of a
class at least equal to the original. If the damage for which Concessionaire is liable is to the
Concession Space/Area, Concessionaire shall continue to be liable for all rent/fees owed for the
Concession Space, even if it has been rendered un-tenantable.
ARTICLE 11
Total or Partial Destruction
11.1 Concession Space or Other Major Component Rendered Un-tenantable. In case,
during the term of this Agreement, the Concession Space, EPIC, City Park Pool or any principal
part of any one of them shall be destroyed or shall be so damaged by fire, flood or other
casualty so as to be rendered un-tenantable or unusable as determined by the City: