HomeMy WebLinkAboutHIGH PLAINS VENDING DBA RED CART - CONTRACT - RFP - 7116 BALL FIELD CONCESSIONAIRE ROLLAND MOORE PARKCONCESSION AGREEMENT
THIS AGREEMENT is made and entered into this 17th day of March, 2010, by and between THE CITY
OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and High Plains Vending, dba Red
Cart (Concessionaire).
WITNESSETH
WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts from the
City a concession for outdoor vending at:
Concession Site: Concourse area in the center of Rolland Moore Ball Field Complex (Complex)
located in Rolland Moore Community Park at 2201 S. Shields, Fort Collins, CO 80526.
NOW THEREFORE, in consideration of the mutual covenants and obligations herein expressed, the
parties agree as follows:
Section 1. Contract Documents
The contract documents consist of this Agreement and attached Exhibits incorporated herein by this
reference. These form the contract, and are incorporated herein by this reference.
Section 2. Terms of the Agreement
A. This Agreement shall be effective from the date of the Agreement as entered above, until
March 16, 2011, unless sooner terminated as herein provided,. The City may, at its option, renew
the Agreement for additional one (1) year terms, to a maximum of four (4) additional one year
terms. However, either party may terminate this Agreement without cause, by providing written
notice to the other party of its intention to terminate at least thirty (30) days prior to the end of the
then existing term.
B. In the event that 'the concession location can not be used because of improvements
being made at the concession location, this Agreement may be suspended on 30 days notice to
the Concessionaire. The suspension shall continue until the improvements are completed or it is
determined that the location can no longer be used as a concession site. The City will use a good
faith effort to relocate the concession site if needed.
Section 3. Concession. Operations
The City hereby grants Concessionaire a concession for the use of the property described as:
Concourse area in the center of Rolland Moore Ball Field Complex (Complex) located in Rolland Moore
Community Park. The Concessionaire shall have the exclusive right to operate an outdoor concession
within this area in accordance ,with the agreement. The purpose of this Concession Site is to provide
quality food and non-alcoholic beverage services primarily to ball team members and spectators. The
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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 sunder 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 np 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
any position for which such person's character or suitability are reasonably in question based upon the
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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 entersthe 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 Qther representative or agent for the
Contractor.
Applicant's Name:
(Please Print) First
Signature:
Applicant' Address:
City/State/Zip:
Driver's License #:
Signature of Parent or Guardian: _
(if Applicant is under the age of 18):
Middle Last
Date of Birth:
Social Security #:
Other names used in the last seven (7) years:
Previous out-of-state address(es) in the past seven (7) years.
t
Address
2
City County State Zip
Address City County State Zip
Please list any additional addresses on the back of this page.
Contractor's Initials: Date: City Staff Initials: Date: _
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EXHIBIT C
Pura infa►►nucton en espanol, visite o escrtbe it /it FTC Co►rstinter Response
Center, Room 130-A 600 Penns.vlvania Ave. X W., Pfjashinrton, D.0 20580.
A Summary of Your Rights Under the Fair C.rcxlit Reporting Act
The federal Fair Credit Reporting Act (FORA) promotes the accuracy, fairness, and privacy of
information ill the files Of COIISUlner reporting agencies. There are many types of conSLlnler reporting
agencies, including credit bureaus and specialty agencies (such as agencies that Sell information about
check writing histories, medical records, and rental history records). Here is a suniln<uy of your major
rights under the FORA. For more information, including information about additional rights, go
to wsvw.ftc.govtcrcdit or write to: Consumer Response Center, Room 130-A, Federal Trade
Commission, 600 Pennsylvania Ave. \.W., Washington, D.C. 20580.
• You must be told if information in your file has been used against you. .Anyone who uses 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 vou must tell you, and must naive
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 files of a consumer reporting agency (your file dlSCIOSLirc"). YOU
will be required to provide proper identification, which may include your Social Security
mun6cr. In many cases. the diSCIOSLII-C will be free. You are entitled to a free file disclosure if:
• a person has taken adverse action against you because of information in voLn" credit
report;
You aiC the victim of identify theft and place a fraud alert in your file:
your file contains inaccurate information as a result Off md;
you are on public assistance;
• you are Unemployed but expect to apply for employment within 60 clays.
Ill addition, by September 2005 all consurners will be entitled to one free disclosure every 12
months upon request front each nationwide credit bureau and from nationwide specialty
consumer reporting agencies. See www.l'ic.gov/crcd1t for additional information.
You have the right to ask for a credit score. Credit scores are numerical sunli larics of your
credit -worthiness based on information from credit bureaus. You may request a credit score
front consumer reporting agencie's`that create scores or distribute scores used in residential real
property loans, but You will have to pay for it. In some nlortga�c transactions, you will receive
credit score information for free trom. the mortgage lender.
You have the. right to dispute incomplete or inaccurate information. If you identify
information iii 01.417-111C that is incornplew or inaccurate, and report it to the consumer reporting
agency, the agency Must investigate unless your dispute is frivolous. Sec yvvvw.ftc.t-,ov%credit
for an explanation of dispute procedures.
Consumer reporting agencies trust correct or delete inaccurate, incomplete, or
unverifiable'information. 111, cMlratc,Jncomplcte or Lill vcriliable information must be
removed or corrected, usually within 30 days. However, a ccxlsuLIM' reporting agency may..
continue to report information it has verified as accurate.
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EXHIBIT B
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 lif6 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.
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Concessionaire will provide all staff, equipment and product necessary to provide concession
operations as described.
A. Independent Contractor: The services to be performed by the Concessionaire are those of
an independent contractor and not as an employee of the City. The City shall not be responsible
for withholding any portion of Concessionaire's compensation hereunder for the payment of FICA,
Worker's Compensation or otherwise.
B. Records: The Concessionaire shall keep adequate and proper business records of all
expenses and receipts of the concession operations. At the request of the City, all such business
records shall be made open and available for inspection and audit by the City of Fort Collins
Treasury Division.
C. Monetary Provision: The Concessionaire agrees to pay the City an annual, non-refundable
site fee per site equal to One -Hundred -Twenty -Dollars ($120.00), plus two (2) percent of gross
receipts from the concession operations conducted pursuant to this Agreement. Gross receipts
shall include all revenues, excluding sales tax received by the concessionaire from concession
operations. All such gross receipt payments shall be paid to the City on the same day that sales
and use tax payments are due. However, the payments for the concession must be submitted
separately. The annual fee is due prior to the initial term or any renewal term. Monthly payments
shall be paid to the City Sales Tax Office prior to the 10th of each month for every month the
agreement is in force.
D. Licenses: The Concessionaire shall obtain and pay for all licenses needed for the operation
of the concession including,.. but not necessarily limited to, a County Health Department Food
Services establishment inspection, City and State sales tax licenses. Any such licenses held
specifically by the Concessionaire in connection with this Agreement shall be surrendered by the
Concessionaire at the time of termination of this Agreement.
E. Laws, Rules & Regulations: The operation of the concession granted under this Agreement
shall, at all times, conform with all applicable Federal, State, and local laws and with all applicable
rules and regulations adopted by the City or any of its Boards or Departments.
F. Insurance/ Indemnity: The Concessionaire shall indemnify, save and hold harmless the City
from all claims and losses, including costs and reasonable attorney's fees arising directly or
indirectly out of the Concessionaire's use of the concession area or operation of the concession.
The Concessionaire shall take all necessary precautions in performing the work hereunder to
prevent injury to persons and property.
The Concessionaire shall maintain commercial liability insurance in the amount of $500,000
combined single limits naming the City as an additional insured under this Agreement of the type
and with the limits specified within Exhibit D. The Concessionaire before commencing services
hereunder, shall deliver to the City's Director of Purchasing and Risk Management, PO Box 580,
Fort Collins, CO 80522, one (1) copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the City.
G. Signage: All signs on the concession cart must be approved by the City. Signs may be
displayed in or on the cart only unless additional signage is approved by City staff.
H. Cart: The Concessionaire will be required to have a mobile cart. The cart may not exceed
the size of four (4) foot wide, ten (10) foot long and eight (8) foot high, excluding roof overhangs
and wheels. The design and appearance of the cart must conform to the specifications described
in Concessionaire's proposal, unless otherwise agreed to in writing by the parties before the cart
may be used at the concession area. .The City reserves the right to approve any modifications,
changes, or alternative cart. The cart is subject to inspection by City. The cart must be
maintained and repaired to, the City's satisfaction. The cart must be removed from the Complex
concession site and Rolland Moore Community Park when not in use. The Agreement does not
include Concessionaire's use of vending machines in the supplying of food, beverage or incidental
items.
I. Restrictions: Equipment such as tables, chairs, benches and displays not attached to the
cart may not be used except for items & equipment authorized, in writing, by 'the City
Representative. Merchandise must be restricted to the cart or appropriate storage containers if
authorized.` Vendor area must not exceed 10 X 10 feet, excepting only a tarp or other protective
medium placed to protect underlying surface. Cart must be located in approved location on site
and cannot impede pedestrian flow.
J. Cleanliness: Concessionaire shall supply a trash receptacle and keep the concession area
clean of all trash within 100 foot radius of site. Food Concessionaire must use a tarp under cart
and product preparation/serving area to prevent cleaning of site by the City,• which cost will be
paid by Concessionaire.
K. Sales Tax Returns: All sales tax returns and concessionaire payments to the City associated
with the concession operation must be filed by their due date. No assessment fees, penalties or
interest will be waived by the City.
L. Power Source: If the Concessionaire needs electrical power the Concessionaire must
provide for such power through the City Light & Power Department at the Concessionaire's
expense. Arrangements to supply power to the concession area must be reviewed with the
appropriate City departments. Portable generators will not be permitted due to concerns
regarding compatibility and noise.
M. Stock: The Concessionaire shall maintain an adequate stock of supplies on hand for all
occasions in order to supply the need of parties desiring to patronize the' concession area.
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N. Hours: The Concessionaire must keep the concession area fully operational when events
are scheduled at the ball field complex, primarily during the softball season, as directed by the
City Recreation Supervisor. Days of operation shall be agreed to by both parties and the
minimum hours of operation must be maintained. Minimum hours are:
6:OOPM to 9:OOPM on Monday through Friday during the softball season which starts in
March.
10:OOAM to 4:00PM on Saturday and Sunday during weekend events at the Rolland Moore
Ball Field Complex.
Concessionaire is not required to operate on national holidays or holidays recognized by the
City where City offices (except for emergency services offices) and/or Rolland Moore Ball
Field Complex are closed.
O. Inclement Weather: The Concessionaire shall not be required to operate the concession
when it is raining, snowing, hailing, and abnormally windy or when the air temperature is below 50
degrees Fahrenheit.
P. Product. The products authorized are as described in Concessionaire's proposal and
agreed to by the City. The City will not pre -authorize new products but does reserve the right to
review any new products that may be added. This is to ensure that the new, products meet the
same quality as. those proposed in the original Request for Proposal.
Q. Blackout Dates. Concessionaire will not be allowed to operate in granted site during special
events in the Rolland Moore Community Park as determined by the Recreation Supervisor.
The Recreation Supervisor will work with concessionaire regarding options for obtaining a site and
the fee.
Section 4. General Conditions
A. The Concessionaire shall neither assign any of the rights nor delegate any of the duties
under the provisions of this Agreement without having first obtained the written permission of the
City. The Concessionaire shall not sublet any portion of the concession area or allow any other
person to take possession of any portion of the concession areas. without the written consent of
the City.
C. This Agreement may -.not be enlarged, modified or altered except in writing, signed by the
parties as an amendment hereto.
D. No waiver of any breach of this Agreement shall be held or construed to be a waiver of any
subsequent breach thereof.
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E. It is expressly understood and agreed by and between the parties hereto that in the
performance of the terms and conditions of this Agreement, time is of the essence.
F. The location assigned is not transferable to another vendor or concessionaire.
G. Fixtures and Improvements:
1. The Concessionaire agrees that all auxiliary equipment needed to operate the
Concession shall be installed at its expense. Prior to making any and all
improvements on said premises, the Concessionaire agrees to obtain the approval of
the appropriate City Department and shall supervise the construction of said
improvements.
2. Upon the termination of this Agreement the Concessionaire shall remove any
fixtures or improvements made by it to the concession area. However, the concession
area must be restored to as good a condition as the premises were in at the time the
Concessionaire took possession thereof.
H. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and
assigns of the parties hereto.
I. If either party must resort to legal action to enforce the terms of this Agreement, the
prevailing party shall be awarded its costs and reasonable attorney's fees
J. Any notice required or desired to be given under this Agreement will be considered
delivered to the other party upon hand delivery or upon its deposit in the United States mail,
postage prepaid, sent by registered mail, addressed to the other party at the following address:
City:
City of Fort Collins
Purchasing Division..
P.O. Box 580
Fort Collins, C0.80522
Concessionaire
High Plains Vending,
dba Red Cart
Attn: Dave Nawrocki
1486 Sailcrest Court
Fort Collins, CO 80526
K. Notwithstanding the time periods contained herein, the City may terminate this
Agreement at any time without cause by providing written notice of termination to the
Concessionaire. Such notice shall be delivered at least fifteen (15) days prior to the termination
date contained in said notice unless otherwise agreed in writing .by the parties. All notices
provided under this Agreement shall be effective when mailed, postage prepaid and sent to the
above address.
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Section 5. Default
A. The Concessionaire shall be in default under the terms and conditions of this Agreement,
if the Concessionaire fails to cure the default within ten (10) days after written notice setting
forth the nature of the default is delivered to the Concessionaire. .
B. In the event the default is not timely cured, the City may elect to (a) terminate this
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance or (c) avail itself of any other remedy at law or equity.
Section 6. Prohibition Against Employing Illegal Aliens
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that:
A. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider 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. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
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 Service Provider
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:
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E. Service Provider 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 Service Provider 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, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
G. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
Section 7. Special Provisions
A. 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 fly 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
proceduredescribed 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.
B. 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 there from.
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C. 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.
D. 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.
E. 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.
1. Commission or conviction of a felony, or of any crime involving moral turpitude;
2. Theft or misuse'of City money or property;
3. Harassment of;,.or discrimination against, any individual based on race, religion,
national origin, age, sex, sexual orientation or disability;
4. Falsification, unauthorized use or destruction of City records, reports or other data or
information belonging to the City;
5. Abusive or threatening treatment of any person, including, but not limited to physical
:or verbal confrontation;
6. Using, consuming,. possessing, having in the body or distributing alcohol (except in the
normal performance of concession services) or controlled substances during working
time;
7. Destruction, loss or abuse of City property;
8. Unauthorized use of City equipment or property for personal use; or
9. Possessing or maintaining sexually explicit materials on City property.
City:
By: i ) �! �
Jame . O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
Concessionaire:
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Print Name:,/dyz Ww0je0C-kI
Title:
Date: 3 - (� — d a ,a
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