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HomeMy WebLinkAboutSAPPHIRE EVENTS LLC - CONTRACT - RFP - 7242 CONCESSION - EVENT BEVERAGE SERVICES FOR THECONCESSION AGREEMENT THIS AGREEMENT made and entered into this 24th day of June 2011, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City," and Sapphire Events LLC, a limited liability company, hereinafter referred to as "Concessionaire." WITNESSETH: 1. Premises covered by Concession Agreement The premises covered by this Agreement shall be the City of Fort Collins Lincoln Center, located at 417 West Magnolia, Fort Collins, Colorado. 2. Term The initial term of this Agreement shall begin on July 1, 2011, and end June 30, 2012 unless terminated sooner as herein provided. At the sole discretion of the City of Fort Collins this Agreement may be extended for additional one-year terms, up to four (4) additional one-year terms. Written notice of renewal will be provided to the Concessionaire and mailed no later than 30 days prior to contract end. 3. Services The Concessionaire will operate an alcoholic and non-alcoholic beverage concession at the Lincoln Center, using a Liquor License (Tavern License or a Hotel and Restaurant License) secured by the Concessionaire and in the Concessionaire's name. A. The Concessionaire agrees to provide services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of five (5) pages, and incorporated herein by this reference. B. The Lincoln Center Event Coordinator will coordinate all service requests for private events at the Lincoln Center between the hosts and the Concessionaire. Hosts shall pay the Lincoln Center according to the agreement between the two parties. The Concessionaire will prepare the contracts based on information from the Event Coordinator. The Concessionaire is required to submit to the Lincoln Center an itemized invoice no less than one business day after each private event. Lincoln Center will receive deposits and invoice payments from the customers. The Lincoln Center will prepare a monthly report and pay the Concessionaire by the first and fifteenth of each month. 4. Licenses, permits, and taxes The Concessionaire shall obtain and pay for all licenses, permits and taxes, required by law or necessary for the operation of the concession at the Lincoln Center, including but not limited to a Liquor License, Liquor Occupation Tax, Sales/Use Tax License, etc. Any such licenses or permits held by the Concessionaire in connection with the concession are to be surrendered by Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 1 of 21 The Concessionaire shall provide and pay for the following 2.5 All telephones, cash registers, POS System, credit card machines, and expanded security systems. 2.6 All supplies, inventory and miscellaneous equipment required to operate the concession. 2.7 Glassware rental must be available from Concessionaire upon request of City Facility users. 3. Dress Code All Staff shall be required to be in the same uniform at all times while on the premises, as approved by the Performing Arts Center Manager. Name tags are required at all times, as approved by the Performing Arts Center Manager. 4. Price Lists The Concessionaire shall be required to provide ample price lists to be distributed to customers, in a format as approved by the Performing Arts Center Manager. The price list is not intended as a guide for the concessionaire's list, only as a temporary price list for the convenience of Lincoln Center customers. 5. Reporting and Payment The Concessionaire will maintain daily sales records, itemized by type of beverage and payment, in an electronic format. The Concessionaire will give the Performing Arts Center Manager a written .report every two (2) weeks. The Concessionaire will pay the Lincoln Center monthly the commission as agreed to in the contract, by the fifth day of each month. The Concessionaire will give the Performing Arts Center Manager an annual sales report, by January 31s' of each year of the agreement, detailing sales by private events and by area (First Level Main Lobby, Magnolia Theater Lobby, and Second Level Lobby). Failure to pay charges or provide monthly reports may result in termination of the Concession Agreement. 6. Private Events The Lincoln Center Event Coordinator will coordinate the service requests for private events at the Lincoln Center between the customers and the Concessionaire. The Concessionaire will prepare the contracts based on information from the Event Coordinator. The Concessionaire is required to submit to the Lincoln Center an itemized invoice no less than one (1) business day after each private event. Lincoln Center will receive deposits and invoice payments from the customers. The Lincoln Center will prepare a monthly report and pay the Concessionaire on the first and fifteenth of each month. Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 10 of 21 7. Utilities, Maintenance and Janitorial Duties 7.1 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. 7.2 Maintenance and Repair. The City shall maintain and repair the Concession Space and City equipment and fixtures. Concessionaire shall submit all requests for repairs or maintenance to the City Representative. 7.3 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. 7.4 Trash. The 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, removal of all drink containers including bottles and cups, and proper disposal into recycling or composting bins in the designated garbage collection area, and removing trash accumulations to designated trash containers. 8. Advertising Any advertising by the concessionaire at the City Facility at any time requires the written permission of the Performing Arts Center Manager. 9. Service Start Dates (Approx.) Lincoln Center: July 15, 2011 10. Hours The Concession area(s) and portable bar units must be fully staffed and operational during all scheduled events as required by the Performing Arts Center Manager and/or Event Coordinator. 11. Estimated Revenue The estimated combined annual gross revenue for the concession operations is $250,000. Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 11 of 21 C. Liquor License (Tavern License or Hotel and Restaurant License) It will be the responsibility of the Concessionaire to secure and complete all documents that are required for the Liquor License applications and it will be the responsibility of the Concessionaire to achieve approval of the license through the Liquor Licensing Authority of the City. The Liquor License must be secured and in effect before the service start date. The licensed premises shall include the entire Lincoln Center including the parking lot, all grounds, and terrace. Selected Concessionaire MUST have submitted complete application for Liquor License to the City Clerk's office within one (1) week after execution date of agreement. All costs of securing and maintaining a Liquor License will be borne by the Concessionaire. Typical costs include the following: investigation fee, City annual license fee, State annual license fee, extended hours permit fee (City and State) and City Occupational License Tax. Liquor licensing questions should be directed to Aimee Jensen, Deputy City Clerk, (970) 221-6315. Concessionaire must comply with all applicable laws, rules and regulations governing their activities and obtain all applicable licenses or permits. Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 12 of 21 Exhibit B Concessionaire Staffing, Scheduling, & Drink Ordering System Concessionaire will staff 3 full time Managers of which there will always be at least one manager on duty at all scheduled events. In the case of multiple events, we will staff multiple managers accordingly. Concessionaire currently staffs several part-time employees. If our bid is accepted, we will hire prospective bartenders based upon prior experience, a good attitude, and ability to provide friendly customer service. Each hired bartender will be required to complete the TIPS certified course prior to serving any alcoholic beverages. Also, each bartender will be instructed on how to properly and professionally serve each guest, in order to provide consistent conformity throughout the serving process. Concessionaire will hire a diverse group of competent employees to represent the company, The Lincoln Center, and the Fort Collins community as a whole. We will also look to hire several bar assistants that will be scheduled to assist the bartenders during larger events. Bar assistants will be responsible for keeping inventory stocked, re -filling ice, and keeping the bar and table areas clean and tidy. Concessionaire will schedule employees for events based upon the tables below (for the first few months Concessionaire will over- staff by a few employees for the larger events to buffer any unforeseen demands). Performance Scheduling Guest Count 50-75 75-100 150-300 300-500 500+ Performance Hall Main Lobby 1 Bartender, 2 Bartenders, 3 Bartenders, 4 Bartenders, 6 Bartenders, Staff 1 Assistant 1 Assistant 1 Assistant 1 Assistant 1 Assistant Performance Hall 2nd Lobby 1 Bartender, 2 Bartenders, 3 Bartenders, 4 Bartenders, 6 Bartenders, Staff 1 Assistant 1 Assistant 1 Assistant 1 Assistant 1 Assistant 220 Seat 1 Bartender, 2 Bartenders, 3 Bartenders, Theater 1 Assistant 1 Assistant 1 Assistant XXX XXX Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 13 of 21 Private Event Scheduling Guest Count 50-75 75-100 150-300 300-500 500+ 1 Bartender, 1 Bartender, 2 Bartenders, 3 Bartenders, Canyon West XXX 1 Assistant 1 Assistant 1 Assistant 1 Assistant 1 Bartender, 1 Bartender, 2 Bartenders, Columbine XXX XXX 1 Assistant 1 Assistant 1 Assistant 1 Bartender, 1 Bartender, 2 Bartenders, Terrace XXX XXX 1 Assistant 1 Assistant 1 Assistant 1 Bartender, 1 Bartender, 2 Bartenders, Rooftop XXX XXX 1 Assistant 1 Assistant 1 Assistant 1 Bartender, 1 Bartender, 2 Bartenders, Founder's XXX XXX 1 Assistant 1 Assistant 1 Assistant 3. PRODUCTS Concessionaire believes that the newly renovated Lincoln Center should offer a reasonable and professional selection of drink choices to the paying patrons. The increased attention to bar detail and upgraded, professional service will reflect on the time, energy and money that has gone into making the Lincoln Center a modern and sophisticated Performing Arts Center in Northern Colorado. The improvements with three permanent bars and two portable bars coupled with increased, trained staff will ensure that the demand for beverages will be met effectively, efficiently and with a smile. Furthermore, in order to serve beverages as quickly as possible to patrons during intermissions, Concessionaire proposes a pre -drink ordering system. During performances that include intermissions, we will post signage at each active station informing patrons of this option. If they so choose, Concessionaire will get their first name and last initial and give them a ticket. Five minutes prior to intermission, we will prepare their drink and place it on their ticket for convenient pick-up. We have also included a preliminary order checklist for the Lincoln Center Events Coordinator in order to streamline private events requests (Exhibit C). A brochure with services offered, attire options for staff, as well as beverage prices and choices for clients interested in private events has been attached (Exhibit F). 4. OTHER INFORMATION Connie Matsuda will be the principal manager and supervise all operations of the concession. She will also be responsible for bookkeeping with help from her husband Kenji Matsuda who holds a degree in accounting from Colorado State University. Jaclyn Matsuda and Chris Davison will both be active, full-time participants in the Concessionaire's management and operation at the Lincoln Center. Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 14 of 21 Exhibit C Sample Order Checklist for Sapphire Events LLC Client Name: Date of Event: Service Time: Number of Guests: Phone#: Email: What type of service do they prefer? ❑ Cash Bar: All beverages alcoholic/non-alcoholic are purchased by guest, $200 minimum sales, $150 deposit. ❑ Hosted Bar: The client will be charged for all alcoholic beverages. All soda, iced tea and coffee are provided at no charge with the Hosted Bar package only. A hosted bar requires a $500.00 deposit per 100 guests plus 18%gratuity. ❑ Combination Bar: Client purchases specific beverage(s). All other beverages are on a cash basis. ❑ Limited Bar: Client sets the desired cash amount for beverages. Once the cash amount has been reached, beverages will be provided to guests on a cash basis. Beverage Menu Please select no more than 4 types of beer Domestic Micros Imports ❑ Budweiser ❑ 90 Schilling ❑ Corona ❑ Bud Light ❑ Easy Street ❑ Heineken ❑ Coors ❑ 5 Barrel ❑ Coors Light ❑ Fat Tire ❑ Non -Alcoholic ❑ Michelob Ultra ❑ Sunshine ❑ O'Doul's ❑ Seasonal Please select no more than 4 types of wine. House White House Red Premium White Premium Red ❑ Chardonnay-Barefoot ❑ Merlot-Ravenwood ❑ Chardonnay-Francis Co ❑ Merlot-Clos du Bois ❑ Pinot Grigio-Yellowtail ❑ Pinot Noir-Fetzer ❑ Pinot Grigio-Clos du Bo ❑ Pinot Noir-Francis Coppo ❑ White Zinfandel -Sutter Home ❑ Cabernet Sauvignon - Ravenwood Please select what the event will require. Well Premium Top Shelf ❑ Vodka -Pearl ❑ Vodka-Skyy ❑ Vodka-Ketel One ❑ Rum -Castillo Silver ❑ Light Rum -Bacardi Silver ❑ Scotch Whiskey- ❑ Dark Rum -Captain Morgan Johnnie Walker Red ❑ Whiskey -Evan ❑ Coconut Rum -Malibu ❑ scotch - Williams ❑ Whiskey -Jack Daniels Dewar's White Label ❑ Gin-Gilby's ❑ Whiskey -Jim Beam ❑ Scotch -Chivas Regal ❑ Tequila -Juarez ❑ Whiskey -Crown Royal ❑ Tequila-Milagro Silver ❑ Whiskey-Seagram's7 ❑ Brandy-VSOP Hennessy ❑ Gin -Bombay Sapphire Cl Gin-Tanqueray ❑ Coffee Liqueur-Kahl6ha ❑ Tequila -Jose Cuervo Gold ❑ Coffee Liqueur -Bailey's **Sapphire Events LLC serves Coke products. Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 15 of 21 Special Order Requests/ Specialty Drinks? (Must be submitted and approved 2 weeks before the day of event.) Does the event require glassware? Which Attire Option do they prefer? ❑ Formal Attire: Black pants, black long sleeve collared shirt with black vest and tie. ❑ Semi -Formal Attire: Black pants, black long sleeve collared shirt with black tie. ❑ Casual Attire: Khaki pants with black polo shirt. NOTES: 970.221.2025 SapphireEventsLLC@gmail.com *Approved by Lincoln Center Date: *Approved by Sapphire Events LLC Date: Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 16 of 21 Exhibit D BAR SERVICE RATES (For the remainder of the season July 2011 — July 2012) All alcohol must be purchased through the Lincoln Center's Bar Service Bottled Beer Domestic Beer $5.00 Imported Beer $6.00 Microbrew Beer $6.00 Non-alcoholic Beer $4.00 House Wine By the glass $6.00 Premium Wine By the glass $9.00 Champagne Domestic bottle $28.00 Special Order bottle Varies Complete toast service $5.00/glass Includes champagne, stemware, server Mixed Drinks Well drinks $5.00 Premium drinks $7.00 Top Shelf Cocktails $9.00 Soft Drinks, Juices, Water, Tea & Coffee Soft drinks $2.00 Bottled Water $2.00 Juices $3.00 Coffee & Tea $2.00 Snack Foods $1.00 - $3.00 Cash Bar $200 minimum sales, $150 deposit Hosted Bar $500 deposit plus 18% gratuity Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 17 of 21 EXHIBIT E EQUIPMENT INVENTORY The following Equipment will be supplied by the City ITEM 1: WASTE CABINET, WET/DRY Quantity: One (1) ITEM 2: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) ITEM 3: UNDERBAR HAND SINK UNIT Quantity: One (1) ITEM 4: UNDERBAR BOTTLE DISPLAY UNIT Quantity: One (1) ITEM 5: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) ITEM 6: UNDERBAR ICE BIN/COCKTAIL STATION Quantity: One (1) ITEM 7: UNDERBAR SINK UNITS Quantity: One (1) ITEM 8: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) ITEM 9: UNDERBAR SINK UNITS Quantity: One (1) ITEM 10: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: One (1) ITEM 11: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: One (1) 7. (L) Door hinged left. ITEM 12: ICE DISPLAY, BAR Quantity: One (1) ITEM 13: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: Two (2) ITEM 14: ICE DISPLAY, BAR Quantity: Two (2) ITEM 15: WASTE CABINET, WET/DRY Quantity: One (1) Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 18 of 21 ITEM 16: UNDERBAR HAND SINK UNIT Quantity: One (1) ITEM 17: SODA GUN HOLDER & TUBING CHASE Quantity: Two (2) ITEM 18: UNDERBAR ICE BIN/COCKTAIL STATION Quantity: Two (2) ITEM 19: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) ITEM 20: UNDERBAR SINK UNITS Quantity: One (1) ITEM 21: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: One (1) ITEM 23: ICE DISPLAY, BAR Quantity: Two (2) ITEM 24: UNDERBAR DRAIN/WORKBOARD UNIT Quantity: One (1) ITEM 25: UNDERBAR ICE BIN/COCKTAIL STATION Quantity: Two (2) ITEM 26: UNDERBAR BOTTLE DISPLAY UNIT Quantity: One (1) ITEM 27: UNDERBAR SINK UNITS Quantity: One (1) ITEM 28: UNDERBAR SINK UNITS Quantity: One (1) ITEM 29: WASTE CABINET, WET/DRY Quantity: One (1) ITEM 30: UNDERBAR HAND SINK UNIT Quantity: One (1) ITEM 31: PORTABLE BAR UNITS Quantity: Two (2) Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 19 of 21 the Concessionaire at the time of termination of the Agreement and the Concessionaire expressly agrees to surrender all of such licenses or permits and not oppose any new license or permit applications by such person as the City may select. The Concessionaire shall collect and remit sales taxes on all taxable sales in the manner prescribed by law. 5. Contingency In the event the Concessionaire is not able to obtain all licenses and permits required to operate the concession at the Lincoln Center, this Agreement shall become null and void and both parties shall be released from further obligations under this Agreement. 6. Pricing All prices charged for beverages provided by the Concessionaire shall be approved by the City's Representative. The current Lincoln Center Bar price list must be honored for all events already contracted for the remainder of the season July 2011 — July 2012 per Exhibit "D", consisting of one (1) page, and incorporated herein by this reference. 7. Equipment and Storage The Concessionaire shall be responsible for providing all supplies, inventory and miscellaneous equipment required to operate the concession. City will provide equipment per the attached list, Exhibit E consisting of two (2) pages and incorporated herein by this reference. In addition, glassware rental must be available from Concessionaire upon request of City Facility users. The City will provide secure storage areas for limited inventory and equipment. 8. Maintenance The Concessionaire shall be required to provide all cleanup and maintenance connected with the sale or dispensing of alcoholic and non-alcoholic beverages at the City Facility. Clean up includes removal of all drink containers including bottles and cups, and proper disposal into recycling or composting bins in the designated garbage collection area. The City shall pay all utility and trash removal costs in connection with the concession. 9. Sale of Alcoholic Beverages The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the Lincoln Center. No alcohol shall be dispensed or consumed in other areas not described herein. Alcohol shall be served only in connection with programs presented primarily for adult audiences. No alcohol shall be available for programs presented primarily for minor audiences. No advertising of alcoholic beverages will be displayed at the Lincoln Center at any time. At all scheduled conventions, meetings and conferences, the Concessionaire shall be limited to serving alcoholic beverages during the times specifically designated by the sponsor of the event. Donations of liquor by the Concessionaire to the City for fund raising events are permitted. Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 2 of 21 2 \ § (\ N L L u g E N > g O > j rt w YS > NN N a C � Z N A P U o o» a N m L H q `emu°33;3u a o- � � H Ct Ct () 2 O 0 C Y O O V y ! x n A F C m P W N 1 0 C L S ; O P 0 L of �L" vOf U S G y p m w O v V p O N a V Q J O O O D Cm'm'UUE _V ZO O c �p A W H O u y N ✓� u� a v a c O E u.> ° N a o E A c ' W u o_ L U v 0° VI L C Ol C C Q J v cam Q v L a u E o oo b N L A O !L N A m V 00 m 4! .n O D a a 0 r vi ■o N w O p N a) m C a a co a v b30 yr K o a C aciYm a Vi 0 O. O O D a a Q Y U >3�vAoo ~ U O s o mL O N a p 0 u O U a 0 Q 0 � d'O o m w a N W o "u,N 3 ' O y t9 N' S C"— O E a c 00 u 4 j C° l U G) 9 V o O A b U ov H1 N a s U L /0- m C C ` 0 0 ' 1zOs s m a v E a F 0 V o o B U O. d o O a I-w U C v c C J N (0 N N U y V A � a s 3 C .sip (n i 3 O N N v 3 m NE 9 ° ° N 'o o� Lo' m c N a ' m = v o > w p o b o C O) 0 a V O L p A Q$ ll 3 p C C d Y C Q O CF c V E n t o C N � n A U n N N • • ♦ U n oa o w UQ� '4�� CERTIFICATE OF LIABILITY INSURANCE OAT/ IMMID011 06/23/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certill"te holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate, does not confer rights to the certificate holder In lieu of such endorsemen a . pfiwucE CONIACT MaE: ,TOHN C. BECKETT S ASSOCIATES, INC. 220 Smith Street IN. as eM: (970) 484-2805 xep t9701 4e4-2ee5 E-MAR ARDRE55: t1ID@t)BC1LBttlIleUrdnCO.COID PRODUCER D BaPP hire Events, LLC cusroxEa Ir. Ft. Collins CO 80524— INSURERS AFFORDING COVERAGE NAIC0 MUHED Sapphire Events, LLC 1050 E. County Road 76 INSURER A :NAUTILUS INSURANCE COMPANY IMURERB COLORADO CASUALTY INSURANCE CO USURER c INSURER D Larimer Wellington CO 80549— MSURER E INSURER F ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTp TYPE OF INSURANCE INep MOPoIIC( MUMBEp POLICY EF (MWDDryWY) Po (MWD V ) LIMBS A GENERAL WBILITY 079437 0/27/2010 0/27/2011 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY / / / / PREMISES fEsooeunenoe E 100,000 CLAIMS [A] OCCUR / / / / -MADE MED EXP (Any one Person) $ 5,000 PERSONAL B AW INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE UMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 / / / / X POLICY F I JFCTPRO- LW / / / / NOWND $ AUTOMOODS LUABIUFIY COVERAGE / / / / COMBINED SINGLE LIMIT ANY AUTO / / / / (Ea=Ident) $ BODILY INJURY (Per Pelson) $ ALL OWNED AUTOS / / / / BODILY INJURY (Per eccNent) $ SCHEDULED AUTOS / / / / PROPERTY DAMAGE $ / / / / HIRED AUTOS (Per eodoeit) $ NON -OWNED AUTOS / / / / $ UMBRELLA LIAB OCCUR ND COVERAGE / / / / EACH OCCURRENCE $ EXCEss LIA9 CLAIMS -MADE / / / / AGGREGATE $ DEDUCTIBLE $ RETENTION $ / / B WORKERS COMPENSATION 14891639 X KC $Try GT&EMM(CWDYIN AND EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ 10O 000 OFFICERIMEMBER E%CWDEOi Q NIA [0/25/2010 / / (Myandatory M NM) Ues. be u / / r0/27/2011 EL. DISEASE - EA EMPLOYEES 10O 000 E. L. DISEASE - POLICY LIMIT E 500 000 1PmI OFOPERATIONSbelow / / A LIQUOR LIABILITY 079437 0/27/2010 EACH OCCURRENCE 1,000,000 AGGREGATE LIMIT 1, 000, 000 DESCRIPTION OF OPEMTIONa I LOTIONS I VEHICLE$ (An h ACORD 101, AEEIU Remtft fk�uM. 0 nw,e NN M rpulred) THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES ARE ADDITIOtAi. INSURED ON THE GENERAL LIABILITY POLICY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. CITY OF FORT COLLINS P.O. BOX 580 FORT COLLINS (970) 224-6134 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AOTHORMED REPpEBENTTATNE CO 80522- / Anhfa roun. d ,—,,.A, I1ANe 1 1oe nA wnM nans, arm rogo are reglslere0 marEa 01 AGOHD 10. Regulations and Administration The Concessionaire must conduct all concession operations in accordance with all applicable ordinances, laws, statutes, rules and regulations of any authority having lawful jurisdiction over the premises. This Agreement shall be administered by the City's Representative, the Performing Arts Center Manager. 11. Independent Contractor/Indemnification The Concessionaire is an independent contractor and not an employee of the City of Fort Collins. The City shall not be responsible for any liabilities of the Concessionaire arising out of the concession herein granted. The Concessionaire hereby agrees to indemnify, save and hold harmless the City and its officers, employees, agents and representatives from any and all liability or loss that may be incurred or claimed by any person as a result of injury to person or property, arising directly or indirectly out of the operation of the concession, including, without limitation, any debts incurred by the Concessionaire and any liability arising out of the Colorado Dram Shop Act, Section 13-21-103, C.R.S. 12. Insurance Requirements. A. The Concessionaire will provide from insurance companies, acceptable to the City, the insurance coverage designated hereinafter and pay all costs. The Concessionaire also indemnifies the City. Before commencing work under this Request for Proposal, the Concessionaire shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the City." In the case of the breach of any provision of this requirement, the City, at their option, may take out and maintain, at the expense of the Concessionaire, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due to the Concessionaire under this agreement. The City, its officers, agents, and employees shall be named as additional insured on the Concessionaire "general liability" insurance policy for any claims arising out of work performed under this agreement. B. Insurance coverages shall meet the following insurance limits: Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 3 of 21 1. $1,000,000 --Commercial General Liability with Combined Single Limit; $500,000 Aggregate 2. Statutory --Workers' Compensation Coverage A 3. $100,000/$500,000/$100,000-- Workers' Compensation Coverage B 4. $300,000 Liquor Liability 5. $1,000,000 --Products Liability In the event any work under this agreement is performed by a sub -contractor, the Concessionaire shall be responsible for any liability directly or indirectly arising out of the work performed under this agreement by a sub -contractor, which liability is not covered by the subcontractor's insurance. 13. Assignment The Concessionaire shall neither assign any of the rights nor delegate any of the duties imposed upon it under the provisions of this Agreement without having first obtained the written permission of the City. 14. Default In the event the Concessionaire defaults in any performance required by this Agreement, and if such default is not corrected within five (5) days after written notice setting forth the same is delivered to the Concessionaire, then, at the option of the City, the Agreement may be terminated and, upon such termination, all rights the Concessionaire has in the concession shall immediately cease and terminate. 1s. Rental The Concessionaire shall pay annually, as rental to the City, fourteen percent (14%) of the gross revenues from the concession operation (and/or a fixed amount of $ -0-. Gross revenues are defined as total concession sales excluding sales tax. The Concessionaire will maintain daily sales records, itemized by type of beverage and payment„in an electronic format. The Concessionaire will give the Performing Arts Center Manager a written report every two (2) weeks. The Concessionaire will pay the Lincoln Center monthly the commission as agreed to in this contract, by the fifth day of each month. The Concessionaire will give the Performing Arts Center Manager an annual sales report, by January 31s` of each year of the agreement, detailing sales by private events and by area (First Level Main Lobby, Magnolia Theater Lobby, and Second Level Lobby). Failure to pay charges or provide monthly reports may result in termination of the Concession Agreement Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 4 of 21 16. Saving Clause If any term or provision of this Agreement is or becomes invalid or unenforceable by reason of a conflict with any applicable laws, statutes, ordinances, rules or regulations, such invalidity or unenforceability shall not affect or impair any other terms or provisions of this Agreement. 17. Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 'Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. b. Contractor 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. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 5 of 21 1. Notify such subcontractor and the City within three days that Contractor 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 Contractor 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. f. Contractor 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. g. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. h. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B", Concessionaire Staffing, Scheduling, & Drink Ordering System, consisting of two (2) pages, attached hereto and incorporated herein by this reference; Exhibit "C", Sample Order Checklist for Sapphire Events LLC, consisting of two (2) pages, attached hereto and incorporated herein by this reference; and in Exhibit "F", Private Event Brochure, consisting of two (2) pages, attached hereto and incorporated herein by this reference. Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 6 of 21 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day and year first above written. THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: O �� James Neill II, CPPO, FNIGP Director 6Wurchasing and Risk Management Date: CONCESSIONAIRE: Sapphire Events LLC a Colorado limited liability company Exhibit A Scope of Services REQUEST FOR PROPOSAL NO. 7242 CONCESSION — EVENT BEVERAGE SERVICES LINCOLN CENTER A. Background The Concessionaire shall operate an alcoholic and non-alcoholic event beverage concession at the City Facilities listed below, using a Tavern License or a Hotel and Restaurant License, which is to be secured by the Concessionaire, in the Concessionaire's name. City Facilities: Lincoln Center, located at 417 West Magnolia The Lincoln Center is the City of Fort Collins's cultural arts facility providing diverse presenters of professional theatre, dance, music, visual arts, and conference services. Each year, 225,000 people attend 350 performances, art exhibitions, and more than 900 special events. The facility is in the midst of an historic $8 million renovation and expansion that will be completed summer of 2011. The renovation and expansion project will infuse new life into this community treasure, focusing on improving the patron experience and performer amenities. Will include expanded lobbies, renovated and new restrooms, an elevator, a new dressing room complex, three (3) new bar areas, renovating the Canyon West Room into a Grand Ballroom, acoustical improvements for both theaters, a new Founders Room, a new Roof Top Deck and a new art gallery. The project will also be LEED Gold certified. B. Scope of Services The Concessionaire will be responsible for providing staff, alcoholic and non-alcoholic beverages, mixes, and any other supplies and equipment necessary for the concession operation for all contracted functions at three (3) fixed areas (First Level Main Lobby, Magnolia Theatre Lobby, and Second Level Lobby), and two (2) portable bar units. Fixed area locations elevations, and City owned equipment schedules per attached Exhibit E. Concessionaire must be able to properly staff all areas and bar units simultaneously, as required by City Representative, both the Performing Arts Center Manager and Event Coordinator. The City retains the right to serve, independent of the Concessionaire, non-alcoholic beverage's (i.e. punch, coffee, cider & soft drinks) at some City functions. The Concessionaire will be required to adhere to the Lincoln Center's Sustainability Plan by using recyclable and/or compostable cups, napkins, stirrers and all other drink ware, as approved by the Performing Arts Center Manager or Event Coordinator. Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 8 of 21 The Concessionaire will be required to work in cooperation with catering services and vending machine services concessionaire. Facility requirements include: 1. Sale of Alcoholic Beverages The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the Lincoln Center to patrons of or participants in such events unless approved in writing by the Performing Arts Center Manager. There shall be no service of alcoholic beverages to the general public at any time other than during a scheduled event. No alcohol shall be dispensed or consumed in the theatres or in the backstage areas without permission of the Performing Arts Center Manager. The Lincoln Center plans to allow alcoholic and non-alcoholic beverages into the theatres for select performances. Alcohol shall be served only in connection with programs presented primarily for adult audiences. No alcohol shall be available for programs presented primarily for minor audiences. In connection with performing arts presentations, beverage service shall be available for at least one hour before the event and during intermissions or at other times as requested by the Performing Arts Center Manager. At all scheduled conventions, meetings and conferences, the Concessionaire shall be limited to serving beverages during the times specifically designated by the sponsor of the event. Donations of liquor for fund raising events are permitted only with written permission by the Performing Arts Center Manager. The Lincoln Center will allow local, non-profit presenters to provide donated liquor in the lobbies in conjunction with their theatre performances. The Lincoln Center will not allow any group renting a conference room space to use donated liquor for special events or receptions. Concessionaire agrees to coordinate with the customers for all necessary legal obligations associated with the events. 2. Equipment and Storage In addition to the Concession Space, the City shall provide the following: 2.1 Equipment per the attached list, Exhibit E consisting of two (2) pages and incorporated herein by this reference. 2.2 Lighting fixtures for general area illumination; and 2.3 Heat and air conditioning. 2.4 Secure storage areas for limited inventory and equipment. Concession Agreement RFP 7242 Concession -Event Beverage Services at the Lincoln Center Page 9 of 21