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
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'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
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,TOHN C. BECKETT S ASSOCIATES, INC.
220 Smith Street
IN. as eM: (970) 484-2805 xep t9701 4e4-2ee5
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PRODUCER D BaPP hire Events, LLC
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Ft. Collins CO 80524—
INSURERS AFFORDING COVERAGE
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Sapphire Events, LLC
1050 E. County Road 76
INSURER A :NAUTILUS INSURANCE COMPANY
IMURERB COLORADO CASUALTY INSURANCE CO
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INSURER D
Larimer
Wellington CO 80549—
MSURER E
INSURER F
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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
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TYPE OF INSURANCE
INep
MOPoIIC(
MUMBEp
POLICY EF
(MWDDryWY)
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(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
/ /
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COMBINED SINGLE LIMIT
ANY AUTO
/ /
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(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
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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
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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
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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
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