HomeMy WebLinkAbout404467 MUGS COFFEE LOUNGE - CONTRACT - RFP - 7412 CAFE CONCESSION EVENT BEVERAGE SERVICES - FORCONCESSION AGREEMENT
CITY OF FORT COLLINS
This Concession Agreement, hereinafter called the "Agreement," is made and entered into as of
the date of execution shown on the signature page, by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation, hereinafter called "City," and Generation Next
Corp., a Colorado corporation, dba Mugs Coffee Lounge, hereinafter referred to as
"Concessionaire."
ARTICLE 1
Concession Space
1.1 Definition of Concession Space. For the purposes of this Agreement, the "Concession
Space" means the designated concession area located in the Fort Collins Museum of
Discovery, hereinafter called "Museum", located at 408 Mason Court, Fort Collins, Colorado.
The Museum is jointly owned by the City and FCDM, Inc. (FCDM). The Concession Space is
shown on the drawing attached hereto as Exhibit "A", consisting of one (1) page and
incorporated herein by reference.
ARTICLE 2
Concessionaire's Use of the Concession Space
2.1 In General. Subject to other limitations expressed in this Agreement, the City grants
to Concessionaire the right to exclusive use of the Concession Space for the purpose of offering
food, non-alcoholic beverage, and related "light" catering services, primarily to patrons of the
Museum as described in Exhibit "B" consisting of 3 pages attached and incorporated herein by
reference.
2.2 Common Areas. Concessionaire shall also have the right to use in common with
others the public areas of the Museum in conjunction with its food, beverage, and catering
operations (and for no other purpose) in such spaces and manner as may be prescribed by the
Museum Representative.
2.3 Private Events. The Museum Event Coordinator will coordinate between the
Concessionaire and event hosts all service requests for private events at the Museum. The
Concessionaire will prepare contracts for private events based on information from the Museum
Event Coordinator. Event hosts will pay for their events as directed by the City.
2.4 City's Representative. The City designates its Museum Director as its "Museum
Representative" who will make all necessary and proper decisions with respect to
Concessionaire's activities under this Agreement, within the scope of his or her authority. The
Concessionaire should direct all questions and requests for contract interpretation,
amendments, and other clarification or instruction to the Museum Representative.
2.5 Smoking. Smoking instruments and tobacco products of any kind cannot be sold or
otherwise supplied by Concessionaire at Concession Space facilities. Smoking is not permitted
in any areas within twenty (20) feet of facility entrances. Concessionaire must comply with any
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9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire
must acknowledge that it accepts the Concession Space as well as any Museum equipment
and fixtures "as is."
9.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit
"H", attached hereto and made a part hereof, no equipment, trade fixtures, signs or other
personal property used by Concessionaire in its business, whether or not attached to the
Concession Space or any improvements thereon, shall be installed without the prior written
approval of the Museum Representative.
9.4 Removal of Equipment, Trade Fixtures. Concessionaire shall have the right at any
time during the term of this Agreement or upon termination and within ten (10) days thereafter,
to remove all trade fixtures, equipment and other personal property owned by Concessionaire,
subject to any valid lien the City may have thereon for unpaid rents or installation of equipment
in lieu of Concession Payment pursuant to Article 7. Any property not so removed by
Concessionaire upon termination shall become a part of the realty on which it is located and title
thereto shall vest in the City and FCDM.
9.5 Title to Improvements. Upon installation or erection of Improvements, such
improvements (but excluding any of Concessionaire's personal property and trade fixtures
which are attached or affixed thereto) shall become a part of the realty upon which they are
erected and title thereto shall vest in the City and FCDM. Upon vesting, the Improvements
become part of the Concession Space and are subject to the terms applicable to the
Concession Space within this Agreement.
9.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal
property installed by Concessionaire shall be subject to and conform in all respects to the
applicable statutes, ordinances, building codes, rules and regulations of all governmental
agencies which have jurisdiction over such matters.
ARTICLE 10
Damaoe by Concessionaire
10.1 The Concessionaire shall be liable for and shall repair, replace or cause to be
repaired or replaced within fifteen (15) days after occurrence, any damage, to the Museum,
including the Concession Space/Area, or to Museum's property, equipment and fixtures (defined
in Article 9) caused by Concessionaire, its officers, agents, employees or anyone acting under
its direction and control, ordinary wear and tear excepted. All repairs or replacements shall be
made promptly and when necessary and shall be in a quality and of a class at least equal to the
original. If the damage for which Concessionaire is liable is to the Concession Space/Area,
Concessionaire shall continue to be liable for all rent/fees owed for the Concession Space, even
if it has been rendered un-tenantable.
ARTICLE 11
Total or Partial Destruction
11.1 Concession Space or Other Major Component Rendered Un-tenantable. If, during
the term of this Agreement, the Concession Space or any principal part of the Museum is
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destroyed or so damaged by fire, flood or other casualty as to be rendered un-tenantable or
unusable as determined by the City:
11.1.1 Then, in such event, at the option of the City or Concessionaire, the term
hereby created shall cease; this Agreement shall become null and void from the date of such
damage or destruction; and Concessionaire shall immediately surrender the Concession Space
and its interest therein to the Museum; provided, however, that the City or Concessionaire shall
exercise such option to so terminate this Agreement by notice, in writing, delivered to the other
party within thirty (30) days after the City's determination of un-tenantability or un-usability.
11.1.2 In the event neither the City nor Concessionaire shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the City shall repair the
Concession Space or facility excluding Improvements or equipment, signs, trade fixtures or
other personal property installed by Concessionaire, with all reasonable speed, placing the
same in as good a condition as it was at the time of the damage or destruction.
11.2 Concession Space Only Un-tenantable. In the event of destruction rendering only the
Concession Space un-tenantable, the City shall endeavor, but not be obligated, to make
substitute premises available for Concessionaire's use. During any period of use by
Concessionaire of such substitute Concession Space, the City' -may direct that the
Concessionaire's payments shall be abated proportionately.
11.3 Components Tenantable. If the Museum or Concession Space is injured by fire or
the elements only to an extent that does not render the same un-tenantable and unfit for use
and occupancy, the City shall repair the same with all reasonable speed.
11.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment
and other items of its personal property within five (5) days after the City so requests.
11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused
by Concessionaire as more specifically addressed in Article 10 of this Agreement, the provisions
of Article 10 shall govern in any conflict between Article 10 and Article 11.
11.6 No Claim by Concessionaire. No compensation or claim shall be made by or allowed
to Concessionaire by reason of any inconvenience or annoyance arising from the necessity of
repairing any portion of the Museum, however the necessity may occur.
ARTICLE 12
Indemnification and Insurance
12.1 Liability. Neither the City nor FCDM shall in any way be liable for any cost, liability,
damage or injury, including cost of suit and reasonable expenses of legal services, claimed or
recovered by any person whomsoever or whatsoever as a result of any operations, works, acts
or omissions performed within Museum by Concessionaire, its agents, employees or contractors
unless caused by the negligence or willful misconduct of the City or FCDM, or their respective
employees, agents or contractors.
12.2 Indemnification. Concessionaire covenants that it will indemnify and hold both the
City and FCDM harmless from all claims, demands, judgments, costs and expenses, and legal
fees including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely, fraudulently
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or frivolously) by any person by reason of injury to or death of any individual person or persons,
or by reason of damage to, destruction or loss of use of any property, including Museum's
personnel and Museum's property, directly or indirectly arising out of, resulting from or occurring
in connection with any operations, works, acts or omissions of Concessionaire. As used herein,
the term "Concessionaire" includes the respective directors, officers, agents, employees,
contractors and subcontractors of Concessionaire. In the event a subcontractor performs any
work under this Agreement, the Concessionaire shall be responsible for any liability directly or
indirectly arising out of the work performed by such subcontractor.
12.3 Intellectual Property Representation. Concessionaire represents that it is the owner
of or is fully authorized to use any and all services, processes, machines, articles, makes,
names or slogans used by it in its operation or in any way connected with this Agreement.
12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations
hereunder, the Concessionaire shall provide and maintain insurance coverage naming both the
City and FCDM as additional insureds under this Agreement as specified in Exhibit "I", which is
attached hereto and incorporated herein by this reference.
12.5 Precautions Against Iniurv. The Concessionaire shall take all necessary precautions
in performing the operations hereunder to prevent injury to persons and property.
12.6 Failure to Insure. Neither the failure of Concessionaire to take out and/or maintain,
nor the taking out and/or maintenance of any required insurance shall relieve Concessionaire
from any liability under this Agreement, nor shall the insurance requirements be construed to
conflict with the obligations of Concessionaire concerning indemnification. In the event the
Concessionaire fails to maintain insurance required hereunder, the City may, at its option, take
out and maintain at the expense of the Concessionaire such insurance as the City may deem
proper. The City may offset the cost of any such insurance from any monies that may be due or
become due to the Concessionaire under this Agreement.
ARTICLE 13
No Interest in Real Property
13.1 Interest in Real Property. Concessionaire agrees that this Agreement constitutes
merely a right to use and occupy the Concession Space for a limited purpose and does not
create or convey to Concessionaire any interest in real property.
ARTICLE 14
Assignment
14.1 Assignment. The Concessionaire shall not assign this Agreement, sublet or otherwise
allow any person to take possession of all or any portion of the Concession Space without prior
written consent of the City nor permit any transfer by operation of law of Concessionaire's
interest created hereby, other than by merger or consolidation unless approved by the City.
ARTICLE 15
Right of City to Enter Inspect and Make Repairs
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15.1 In General. The City and its authorized employees, agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the
circumstances and with as little interruption to Concessionaire's operation as is reasonably
practicable) to enter upon any part of the Concession Space for the following purposes:
15.1.1 To inspect such premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether Concessionaire has complied
with and is complying with the terms and conditions of this Agreement with respect to such
premises;
15.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: or
15.1.3 To make structural additions and alterations.
15.2 Obstruction by City. All entries made for the purposes enumerated above shall,
except as otherwise provided in Article 11, Total or Partial Destruction, be without abatement of
rent for damage for inconvenience. However, in the event any entry by the City in the
Concession Space for the purpose of making repairs or alterations as provided for in Section
15.1.2 above (other than repairs necessitated as a result of damage by Concessionaire under
Article 10) constitutes a substantial obstruction to and impairment of Concessionaire's right of
use of such Concession Space, then Concessionaire shall be entitled to a fair and just
abatement of the rent/fees for such premises during the period required by the City to make
such repairs.
15.3 Obstruction by Concessionaire. In the event that any personal property of
Concessionaire obstructs the access to the Museum or the Concession Space by the City, its
officers, employees, agents or contractors, or a utility company furnishing utility service to any of
the existing utility, mechanical, electrical and other systems, and thus interferes with the
inspection, maintenance or repair of any such system, Concessionaire shall move such
property, as directed by the City or said utility company, in order that access may be had to the
system or part thereof for inspection, maintenance or repair. If Concessionaire fails to so move
such property after direction from the City or said utility company the City or the utility company
may move it without liability for damage sustained in moving.
15.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article,
by the City, or others under right of the City, shall not be, nor be construed to be, an eviction of
Concessionaire, nor be made the grounds for any abatement of rental nor any claim or demand
for damages against neither the City or FCDM, consequential or otherwise, except claims for
damages to person or property caused solely by the negligence of the City or FCDM.
ARTICLE 16
Default. Rights of Termination
16.1 Default by Concessionaire. Time of payment and performance is of the essence of
this Agreement. Concessionaire shall be in default under this Agreement upon the occurrence
of any one or more of the following events:
16.1.1 Concessionaire's failure to pay any fee or other charge when due and within
five (5) workings days after notice from the City of such nonpayment.
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16.1.2 Concessionaire's failure to maintain the insurance required in Section 12.4.
16.1.3 Concessionaire's assignment of any right hereunder in violation of Article
14.
16.1.4 Concessionaire's failure to perform, keep or observe any of the terms,
covenants or conditions of this Agreement within seven (7) days (or such longer time as may be
necessary to cure, provided that cure is commenced within the initial seven [7] days) after notice
from the City specifying the nature of the deficiency with reasonable particularity and the
corrective action that is to be taken within such period to cure the deficiency.
16.1.5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of
an involuntary petition in bankruptcy against Concessionaire, the taking of possession of all or
substantially all of Concessionaire's assets pursuant to proceedings brought under the
provisions of any federal reorganization act or the appointment of a receiver of all or
substantially all of Concessionaire's assets and the failure of Concessionaire to secure the
return of such assets and/or the dismissal of such proceeding within ninety (90) days after the
filing.
16.1.6 The abandonment for period of seven (7) days by Concessionaire of the
conduct of its services and operations at the Museum.
16.13 The assignment by Concessionaire of its assets for the benefit of creditors.
16.1.8 The death of the Concessionaire or dissolving of the Corporation.
16.1.9 After written notice to the Concessionaire of any violation of the personal
conduct standards set forth in Section 4.4, above, and a hearing of the matter before the City's
Director of Purchasing and Risk Management, if such a hearing has been requested in writing
received by the Director of Purchasing and Risk Management within ten (10) days after mailing
of written notice of violation, a determination by the Director of Purchasing and Risk
Management that the alleged violation has, in fact, occurred, and that such violation materially
interferes with Concessionaire's ability to perform its services hereunder in a manner
satisfactory to the City or otherwise impairs the benefits to be derived by the City from this
Agreement, including the good will, satisfaction, health and safety of the general public.
16.2 Remedies on Default.
16.2.1 In the event of a default by Concessionaire, the City may terminate this
Agreement effective immediately upon provision of written notice of such termination to
Concessionaire. In the alternative, the City may elect to keep the Agreement in force and work
with Concessionaire to cure the default. If this Agreement is terminated, the City shall have the
right to take possession of the Concession Space at the time of default. Concessionaire's
liability to the City for damages and rent shall survive the termination, and the City may re-enter,
take possession of the Concession Space and remove any persons or property by legal action
or by self-help with the use of reasonable force and without liability for damages.
16.2.2 Following re-entry or abandonment, the City may make arrangements for use
of the Concession Space by others and in that connection may make any suitable alterations or
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refurbish the Concession Space, but the City shall not be required to make such arrangement
for any use or purpose.
16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and
remedies reserved pursuant to this Article are in addition to any other rights or remedies the City
may have pursuant to this Agreement or to applicable law to seek judicial enforcement,
damages or any other lawful remedy.
ARTICLE 17
Miscellaneous Provisions
17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed
cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to, the City or Concessionaire, at law or in equity, and the exercise of any remedy, or
the existence herein of other remedies or indemnities shall not prevent the exercise of any other
remedy.
17.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to it by
virtue of the breach of any covenant, condition or agreement herein by the other party shall not
operate as a waiver of the exercise of such right or rights in the event of any subsequent breach
by such other party, nor shall such other party be relieved thereby from its obligations under the
terms hereof.
17.3 Non -liability of Individuals Other than Concessionaire. With the exception of
Concessionaire, no director, officer, agent or employee of either party hereto shall be charged
personally or held contractually liable by or to the other party under any term or provision of this
Agreement or of any supplement, modification or amendment to this Agreement because of any
breach thereof, or because of its or their execution or attempted execution of the same.
17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the
Concession Space/Area, or any part thereof, for any purpose or use other than those authorized
by this Agreement. Neither shall Concessionaire permit nor suffer any disorderly noise or
nuisance whatsoever about the Concession Space or Museum.
17.5 Governing Law. This Agreement shall be performable and enforceable in Larimer
County, Colorado, and shall be construed in accordance with the laws of the State of Colorado.
17.6 Benefits. Except for the rights of FCDM pursuant to its Operating Agreement with the
City, this Agreement is made for the sole and exclusive benefit of the City and Concessionaire,
their successors and assigns, and is not made for the benefit of any third party.
17.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it
shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
17.8 Successors and Assigns. All covenants, stipulations and agreements in this
Agreement shall extend to and bind each party hereto, its legal representatives, successors and
assigns.
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17.9 Headings. The titles of the several articles of this Agreement are inserted herein for
convenience only, and are not intended and shall not be construed to affect in any manner the
terms and provisions hereof, or the interpretation or construction thereof.
17.10 Legal Fees. In the event any legal action or proceeding is brought to collect sums
due or to become due hereunder or any portion thereof or to enforce compliance with this
Agreement for failure to observe any of the covenants of this Agreement, the losing party
agrees to pay to the prevailing party such sums as the Court may judge reasonable for legal
fees, including attorneys' fees and costs, in such action or proceeding and in any appeal there
from.
17.11 Incorporation of Request for Proposals/Entire Agreement. Request for Proposal
Document, and all specifications included therein, and the Proposal submitted and interview
responses by the Concessionaire in response thereto, are incorporated and made a part of this
Agreement by this reference, except that in the event of a conflict between such documents and
the express terms of this Agreement, the terms of this Agreement shall prevail. This
Agreement, which is the entire agreement between the parties hereto, supersedes all prior
agreements, understandings, warranties or promises between the parties hereto, whether
written, spoken or implied from the conduct of the parties hereto, except as expressly
incorporated herein.
17.12 Severability. In the event any covenant, condition or provision of this Agreement is
held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants,
conditions or provisions of this Agreement, provided that the invalidity of any such covenant,
condition or provision does not materially prejudice either the City or the Concessionaire in its
respective rights and obligations under the valid covenants, conditions or provisions of this
Agreement.
17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier
termination as herein provided, Concessionaire shall remove all of its property from the Museum
and surrender to the City entire possession of its rights at the Museum and its improvements in
accordance with Section 10 above, unless this Agreement is renewed or replaced.
17.14 Notices. Notices permitted or required to be given under this Agreement shall be in
writing and shall be deemed given upon personal delivery or upon deposit in the United States
Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such
other address as the parties may designate from time to time by notice given in accordance with
this Section:
To Concessionaire: Generation Next Corp.
dba Mugs Coffee Lounge
261 S. College Ave.
Fort Collins, CO 80524
To the City: Purchasing Division
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522-0580
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17.15 Paragraph Headings. Paragraph headings contained herein are for convenience and
reference, and are not intended to define or limit the scope of any provisions of this Agreement.
17.16 Schedules and Exhibits. Whenever reference is made in this Agreement to a
Schedule or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule
or Exhibit shall be deemed attached to and by this reference incorporated in this Agreement.
17.17 Force Maieure. Neither the City nor the Concessionaire shall be deemed in violation
of this Agreement if prevented from performing any of its obligations hereunder by reason of
strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, act
of public enemy, acts of superior governmental authority, weather conditions, rights, rebellion,
sabotage or any other circumstances that are not within its control.
17.18 No Limitation on General Powers. Nothing in this Agreement shall be construed as in
any way limiting the general powers of the City to fully exercise their governmental functions or
their obligations under any bond covenants or federal, state or local laws, rules or regulations.
17.19 No Relationship. Nothing contained herein shall be deemed or construed by the
parties hereto nor by any third party as creating the relationship of employer and employee,
principal and agent or a partnership or a joint venture between the parties hereto.
17.20 Survival. To the extent necessary to carry out all of the terms and provisions hereof,
the said terms, obligations and rights set forth herein required shall survive and shall not be
affected by the expiration or termination of this Agreement.
17.21. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "J" — Affidavit Pursuant to C.R.S.
24-76.5-103, consisting of one (1) page, attached hereto and incorporated herein by this
reference.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
written above.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
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'• c Jam B. 'Neill, II, CPPO, FNIGP
•'� Direc r Purchasing and Risk Management
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City Clerk
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Assistant
CONCESSIONAIRE
Generation Next Corp., a Colorado corporation
dba Mugs Coffee Lounge
By: M[1L
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Concessions Agreement
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other requirements of applicable Fort Collins City ordinances and Colorado state law regarding
smoking and tobacco products.
2.6 Restriction on Items Offered for Sale. Concessionaire may offer such non-food or
non -beverage items as are incidental to its food and beverage service, except for smoking
instruments and tobacco products pursuant to section 2.2, and gum products.
2.7 Compliance with Applicable Law. The Concessionaire agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as all rules
and regulations, policies, and procedures adopted by the City or any of its Boards, Service
Areas, Service Units, Divisions or Departments having jurisdiction over the Museum.
ARTICLE 3
Rights of Ingress and Egress -
3.1 In General. The Concessionaire has the right of ingress and egress to and from the
Museum and Concession Space for Concessionaire's employees, agents and invitees to the
extent reasonably necessary in connection with the conduct of Concessionaire's business under
this Agreement. Areas designated as restricted areas by Museum staff are excluded.
3.2 Closures. The City may, at any time, temporarily or permanently, close or consent to
or request the closing of any roadway or any other way at, in, or near the Museum, presently or
hereafter used as such, so long as a reasonable and safe means of ingress and egress remain
available to Concessionaire.
ARTICLE 4
Undertakings of Concessionaire
4.1 Service. Concessionaire agrees as follows:
4.1.1 The Concessionaire must furnish and pay for all equipment, except as
otherwise provided by the City pursuant to Article 9, all goods, labor, transportation,
supervision and services necessary to provide food, non-alcoholic beverage, and
related "light" catering services in accordance with this Agreement.
4.1.2 Services provided by the Concessionaire must include the maintenance of an
adequate stock of food and beverage supplies, condiments, eating utensils, napkins,
plates, cups, and any kitchen utensils necessary to serve the demand for such items
at the Museum. Whenever possible, any disposable cups plates or eating utensils
must be either compostable or recyclable. The City will provide composting and/or
recycling bins.
4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide
the public high quality food and beverages and a high level of public service.
Therefore, Concessionaire agrees to offer for sale from the Concession Space only
good quality food and beverages at fair and competitive pricing, relative to
comparable restaurant facilities in Fort Collins. If, in the opinion of the City, the
pricing is not comparable, or the selection of items offered is inadequate or not of
good quality, or if any of the items are found to be objectionable for display and/or
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EXHIBIT "B"
START-UP COSTS & SERVICES PROVIDED
The start-up costs include:
• Equipment inventory consulting
• Consulting and development of the concept
• Initial hiring and training of needed employees
• All label, signage and display designs as approved by Museum staff
• All ancillary documents i.e. shift sheets, cleaning sheets, inventory, shelf
organization charts, etc.
• Setup and installation of all equipment
• Setup and implementation of Point of Sale (POS) database
• Production and installation of all displays and signage
(print and mounting costs invoiced to the Concessionaire)
• Development of all systems i.e. ordering, equipment maintenance, reporting,
packaging options, etc.
• Procurement of all miscellaneous supplies i.e. cream pitchers, napkin holders,
etc. (Invoiced to the Concessionaire)
• Ensuring compliance with Larimer County Health Department (LCHD)
• Development of initial startup orders of all products including retail items
designed
The total of all start-up costs listed above is Fifteen -Thousand ($15,000) Dollars.
Additional costs to consider for start-up:
• Printing and reproduction costs - Estimated $500
• Cost of miscellaneous supplies - Estimated $500
• Additional / modified equipment costs - TBD
• All starting inventory expenses will be due upon receipt - TBD
Services Provided:
Staff
A trained and educated employee will be on staff.
Responsibilities include:
• Keeping cafe area clean and organized.
• Keeping cafe products stocked and cycled
• Educating visitors about products
• Educating visitors about current displays
• Point of sale transactions
• Opening and closing the cafe
Employees will not take tips but must be paid above average for their experience and
knowledge about the products and displays and to ensure quality interaction.
Management
Management will ensure the cafe operates efficiently and effectively accomplishing desired
results.
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Responsibilities include:
• Hiring, training, and educating employees for cafe
• Ensuring quality products and services provided
• Ensuring cafe meets expectations of LCHD
• Inventory, ordering, and par management
• Invoice management
• Creating and maintaining displays in the cafe
• Branding and actively marketing the cafe
• Equipment maintenance
• Monthly reporting of financials and updates
• Menu design, review, and modifications adapting to sales
• Catering management and delivery
Products
An agreed upon menu will be stocked approximately for the cafe each day with deliveries on
Monday, Wednesday and Friday, or as needed. This will require good communication between
Museum staff and cafe management to ensure proper preparation for events, large groups, etc.
Optional Catering Services:
Assuming there will be a need for "light" catering, a custom streamlined order form will be
created for easy online ordering of catering services specifically for the Museum staff.
Concessionaire will provide cambros of coffee, tea, chai, and hot chocolate as well as various
breakfast, baked goods, and lunch platters.
Menu Options:
• 96oz, 2.5 gal, 3 gal, and 5 gal cambros options.
• Breakfast burrito platters
• Breakfast sandwich platters
• Bagel platters
• Muffin and scone platters
• Cookie and brownie platters
• Toasted pita dip platters
• Custom Box Lunches
• Sandwich and wrap platters
• Salad bar platters
Delivery will be offered exclusively to the Museum for all catering orders with no delivery
charges. Orders preferably must be received at least twenty-four (24) hours in advance.
Concessions Agreement
7412 Museum Cafe Concession Event Beverage Services Page 21 of 31
A
EXHIBIT "C"
MENU
A Description of the Offerings:
Item Description
DRINKS
Drip Coffee Flavored, Decaf, and The Community Blend (a custom roast made for the
Museum)
Bottled Drinks Assorted local and non -local
Juices OJ, Apple, Lemonade
Iced Toddy Sweetened and black
Loose Leaf Teas (pre -bagged) Green, Black and Herbal (decaf)
BAKED GOODS: Organic flour all bake goods made from scratch
Muffins
2 assorted
Scones
2 assorted
Breads
2 assorted
Cookies
2 assorted
Brownies
2 assorted
Croissants
2 assorted
FOOD OPTIONS: Local breads, CSA veggies, when possible,
Wrap Veggie
Wrap Meat
Sandwich Veggie
Sandwich Meat
Bagel Chips & Hummus
Salad Veggie
Salad Meat
Kids Sandwich - Cheese
Kids Sandwich - Turkey
Fresh Fruit
Bagels
Granola & Yogurt
Box Lunch Option
Retail
Crust cut off
Bananas, Apples, Oranges
2 options for CC, Hummus, Peanut Butter & Jelly
Local Noosa Yogurt
Sandwich or Wrap, Fruit, Cookie or Brownie
FCMD Coffee Mugs Design options provided. Made from corn in USA
The Community Cafe T-Shirts Design options provided
12oz Bags of Coffee Custom labeled, Support the Museum Blend
Charly Bars Local, healthy, raw, energy bars
Assorted Select candy bars, mints, chocolates, etc. No gum
products
Supplies:
When possible, all packaging will be compostable or recyclable materials. i.e. cups, to go
containers, etc.
Concessions Agreement
7412 Museum Cafe Concession Event Beverage Services
Page 22 of 31
EXHIBIT "D"
CITY OF FORT COLLINS
Policy: Contractor Personnel Conduct and Demeanor, and
Background Screening for Positions of Trust.
Under the terms and conditions of each respective Contractor's Agreement with the City, all
Recreation Professionals and Snack Bar Concessionaires shall control the conduct and
demeanor of their employees, volunteers, and other representatives or agents of the Contractor
that will be working on behalf of the Contractor in providing services to the City. The Contractor
agrees to provide to the City at all times a current list of employees, volunteers, and other
representatives or agents of Contractor that will be working on behalf of the Contractor in
providing services to the City under their Agreement, and that all such employees, volunteers,
and other representatives or agents of Contractor agree to adhere to the "Behavior/Standards of
Personal Conduct and Performance."
Contractors and the City also hereby acknowledge and agree that certain services provided by
the Contractor will require that specified employees, volunteers, and other representatives or
agents of the Contractor act in "positions of trust" which can include the handling of and/or
accounting for funds of the City and/or of City property, or direct contact with youth and
members of the general public. Accordingly, each Contractor agrees that all specified
employees, volunteers, or other representatives or agents of Contractor in positions of trust
shall be screened/investigated at the expense of the Contractor using the City's contracted
background screening/investigation procedure as described in each respective contractor's
Agreement; and that the results of such background screening/investigation shall be provided to
the City prior to any such persons participation in the provision of services, as described in each
respective contractor's Agreement. Each Contractor shall require the completion and execution
of the Disclosure/Waiver form for all specified employees, volunteers, and other representatives
or agents of Contractor. The purpose of this form is to provide the necessary information about
an applicant and permission to review confidential information for a complete and thorough
background screening/investigation. The Contractor shall provide to all said employees,
volunteers, and other representatives or agents a Summary of Rights under the Fair Credit
Reporting Act..
The background screening/investigation shall include, but is not necessarily limited to, checking
arrests and/or conviction records, driving records, credit history, education, previous
employment and volunteer work and other records as may be appropriate, and references,
including review of any records of information available to the City as a result of past
employment or contractual relationships the employee, volunteer, or other representative or
agent has had with the Contractor or the City.
The City will provide assistance in completing the background screening/investigation, including
providing the completed disclosure form to an outside vendor for a confidential records check.
Contractor acknowledges that by providing such assistance the City assumes no responsibility
for the timeliness, accuracy or completeness of the background screening/investigation, or for
the direct or indirect consequences resulting from the same, and the Contractor shall hold the
City harmless for any injury or loss resulting therefrom.
The Contractor shall make job assignments and responsibility assignments based upon and in
consideration of the background screening/investigation, and shall not permit any person to
Concessions Agreement
7412 Museum Cafe Concession Event Beverage Services Page 23 of 31
perform any position for which such.person's character or suitability are reasonably in question
based upon the information obtained in connection with a background screening/investigation.
The City may, in its discretion, object to any assignments of Contractor Personnel to positions of
trust, as based upon the background screening/investigation. In the event that information from
the report is utilized in whole or in part in making an adverse decision with regard to potential
employment/volunteer/representative/agent status, before making the adverse decision, the City
will attempt to provide Contractor with a copy of the consumer report/criminal history.
Specified employees, volunteers, and other representatives or agents of Contractors identified
at this time to be in positions of trust shall include, but are not necessarily limited to, all top
assistants, area or section managers, lesson providers, personnel that directly handle and/or
account for City funds; and those positions that can work individually with youth or members of
the general public.
Contractor Process for Obtaining Background Screening/investigation Information
1. Once an employee, volunteer, other representative or agent has been selected by the
Contractor, the employee, volunteer, other representative or agent (applicant) shall
complete the background screening/investigation form, which is titled "Disclosure to
Prospective Employees, Volunteers, or Other Representatives or Agents of Contractors
Regarding Procurement of a Consumer Report (including a criminal history report)."
When the employee, volunteer, other representative or agent (applicant) has completed and
signed the form, the Contractor shall initial and date the bottom of the form, giving the
bottom copy of the form to the applicant. The Contractor shall also give to the applicant at
this time a summary of his/her rights under the Federal Fair Credit Reporting Act. The Fair
Credit Reporting Act also imposes requirements and procedures related to any adverse
decisions based upon credit information.
3. The Contractor keeps one copy of the form and forwards the original signed copy of the
form to the Golf Division Administrative office. In order to expedite the processing time, the
Contractor may also FAX a copy or bring the original copy of the form to the golf Division
Administrative Aide. Once the Administrative Aide enters the form information into the
computer, it takes three to four days for the City's contracted background
screening/investigation firm to perform their service.
4. Because of the large number of applicants being screened using this similar process, there
shall be no notification to the Contractor unless an applicant receives a negative report
within four days of the time that the Administrative Aide enters the information into the
computer. Therefore, the applicant may begin assignment for the Contractor after four days
unless the Contractor is notified otherwise. However, be aware that it is possible that we
could receive a negative report after four days, and we will have to address the situation at
that time.
Concessions Agreement
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t
EXHIBIT "E"
DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS,
OR OTHER REPRESENTATIVES OR AGENTS OF CONTRACTORS
REGARDING PROCUREMENT OF A CONSUMER REPORT
(including a criminal history report)
In connection with your status as a prospective employee, volunteer, or other representative or
agent of the Contractor, Contractor and the City of Fort Collins may procure a consumer
report/criminal history on you as part of the process of considering your candidacy for said
status. The investigation conducted in conjunction with the report may include an investigation
of your personal employment/volunteer history, education, financial, and credit records, public
records concerning your driving record, civil and criminal court records, county, state, and
Federal tax liens, notices of default and bankruptcies, and other records as may be appropriate.
In the event that information from the report is utilized in whole or in part in making an adverse
decision with regard to your potential employment/volunteer/representative/agent status, before
making the adverse decision, the City and the Contractor will attempt to provide you and the
Contractor with a copy of the consumer report/criminal history and a description in writing of
your rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives you
specific rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF YOUR
RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document.
By your signature below, you hereby authorize us to obtain a consumer report and/or an
investigative report about you in order to consider your status as a prospective employee,
volunteer, or other representative or agent for the Contractor.
Applicant's Name:
(Please Print) First Middle Last
Signature:
Applicant' Address:
City/State/Zip:
Driver's License #:
Signature of Parent or Guardian:
(if Applicant is under the age of 18):
Other names used in the last seven (7) years:
Previous out -of -slate address(es) in the past seven (7) years.
Date of Birth:
Social Security #:
1.
Address City County State Zip
2.
county
Please list any additional addresses on the back of this page.
Contractor's Initials: Date: City Staff Initials: Date:
Concessions Agreement
7412 Museum Cafe Concession Event Beverage Services Page 25 of 31
EXHIBIT "F"
Summary of Rights under the FCRA
Para infortnacion en espanol, visite n,wrv.fte.gov/credit o escribe a la FTC Consumer Response
Center, Room 130-A 600 Pennsylvania Ave. N.IY., Washington, D.C. 20580.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of
information in the files of consumer reporting agencies. There are many types of consumer 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 summary of your major
rights under the FCRA. For more information, including information about additional rights, go
to www.fte.gov/credit or write to: Consumer Response Center, Room 130-A, Federal Trade
Commission, 600 Pennsylvania Ave. N.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 you — must tell you, and trust give
you the name, address, and phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and obtain all the
information about you in the files of a consumer reporting agency (your "file disclosure"). You
will be required to provide proper identification, which may include your Social Security
number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:
• a person has taken adverse action against you because of information in your credit
report;
• you are the victim of identify theft and place a fraud alert in your file;
• your file contains inaccurate infonnation as a result of fraud;
• you are on public assistance;
• you arc unemployed but expect to apply for employment within 60 days.
In addition, by September 2005 all consumers will be entitled to one free disclosure every 12
months upon request from each nationwide credit bureau and from nationwide specialty
consumer repotting agencies. See www.fte.cov/crcdit for additional information.
You have the right to ask for a credit score. Credit scores are numerical summaries of your
credit -worthiness based on information from credit bureaus. You may request a credit score
from consumer reporting agencies that create scores or distribute scores used in residential real
property loans, but you will have to pay for it. In some mortgage transactions, you will receive
credit score information for lice from the mortgage lender.
You have the right to dispute incomplete or inaccurate information. If you identify
information in your file that is incomplete or inaccurate, and report it to the consumer reporting
agency, the agency must investigate unless your dispute is frivolous. See www.ftc.gov/crcdit
for an explanation of dispute procedures.
Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete or unverifiable information must be
removed or corrected, usually within 30 days. However, a consumer reporting agency may
continue to report infonnation it has verified as accurate.
Concessions Agreement
7412 Museum Cafe Concession Event Beverage Services Page 26 of 31
• Consumer reporting agencies may, not report outdated negative information. In most
cases, a consumer reporting agency may not report negative information that is more than seven
years old, or bankruptcies that arc more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about
you only to people with a valid need -- usually to consider an application with a creditor,
insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for
access.
• You must give your consent for reports to be provided to employers. A consumer
reporting agency may not give out information about you to your employer, or a potential
employer, without your written consent given to the employer. Written consent generally is not
required in the trucking industry. For more information, go to www.Rc.eov/credit.
You may limit "prescreened" offers of credit and insurance you get based on information
in your credit report. Unsolicited "prescreened" offers for credit and insurance must include
a toll -free phone number you can call if you choose to remove your name and address from the
lists these offers are based on. You may opt -out with the nationwide credit bureaus at 1-500-
XXX-XXXX.
• You may seek damages from violators. If a consumer reporting agency, or, in some cases, a
user of consumer reports or a furnisher of information to a consumer reporting agency violates
the FCRA, you may be able to sue in state or federal court.
• Identity theft victims and active duty military personnel have additional rights. For more
information, visit www.ftc.gov/credit.
States may enforce the FCRA, and many states have their own consumer reporting laws. In
some cases, you may have more rights under state law. For more information, contact your state
or local consumer protection agency or your state Attorney General. Federal enforcers are:
TYPE OF BUSINESS:
CONTACT:
Consumer reporting agencies, creditors and others no listed below
Federal Trade Commission: Consumer Response Center - FCRA
Washington, DC 20580 1-877-382-4357
National banks, federal brancheslagencies of foreign banks (word
Office of the Comptroller of the Currency
National' or initials "N.A." appear in or after bank's name)
Compliance Management, Mail Stop 6-6
Washington, DC 20219 800-613-6743
Federal Reserve System member banks (except national banes, and
Federal Reserve Board
federal branchestagencies of foreign banks)
Division of Consumer & Community Affairs
ashin ton, DC 20551 202A52-3693
Savings associations and federally chartered savings banks (word
ffice of Thrift Supervision
Federal' or initials'F.S.B.' appear in federal institution's name)
onsumer Complaints
ashin ion, OC 20552 800.842-6929
Federal credit unions (words "Federal Credit Union* appear in
lational Credit Union Administration
institution's name)
t775 Duke Street
lexandda, VA 22314 703-519-4600
State -chartered banks that are not members of the Federal Reserve
Federal Deposit Insurance Corporation
System
onsumer Response Center, 2345 Grand Avenue, Suite 100
ansas City, Missouri 64108.2638 1-877-2753342
ir, surface, or rail common carriers regulated by former Civil
Department of Transportation, Office of Financial Management
eronautics Board or Interstate Commerce Commission
ashin ton, DC 20590 202-366-1306
ctivilies subject to the Packers and Stockyards Act, 1921
Department of Agriculture
ffice of Deputy Administrator - GIPSA
ashin ton, DC 20250 202-720-7051
Concessions Agreement
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EXHIBIT "G"
INCOME PROJECTIONS
An Estimated Pro -Forma based on scale
Scaled Income Customers per month ($6 average purchase)
Projections
Customers/Month:
1,800 (60/day)
3,000 (100/day)
6,000 (200/day)
15,000 500/da
Sales/Month
$10,800
$18,000
$36,000
$90,000
Expenses:
>Cost of Goods Sold (50%)
$5,400
$9,000
$18,000
$45,000
>Estimated Service Costs
$4,500
$6,000
$9.000
$20.000
ross Profit — SaOQ__. $3.000 $9.000 $25.0
Additional Expenses:
>Insurance
$250
$250
$250
$250
>Licenses and Permits
$25.00
$25.00
$25.00
$25.00
>Marketing
$0
$200
$400
$1,000
>Utilities
$0
$0
$0
$0
>Credit Card Processing
$297.00
$495.00
$990.00
$2,475.00
>Misc.
$50
$250
$750
51.500
NCOME $278 $1780 $6.585 $19.750
****** All numbers are estimated and very dependent on variables such as hours of operation,
events, catering, etc. Additional expenses are estimates only.
****** Concessionaire estimation is that $6 is actually a low per transaction average, however it
allows for these projections to fall on the conservative side. Concessionaire feels your average
will be closer to $8 in his opinion.
****** Credit Card (CC) Processing is based on total sales being CC using the Square POS
(Point of Sale) recommended. Cash will be an option, but no checks. All prices will be based on
a $0.25 increment.
****** The Services Costs will not exceed 30%of cafe sales and cost of services. This 30%
maximum is based on sales greater than $15,000 per month.
****** Inventory items will be priced at, and not exceed, 50% of retail sale price to ensure
profitability for the cafe.
Concessions Agreement
7412 Museum Cafe Concession Event Beverage Services Page 28 of 31
EXHIBIT "H"
EQUIPMENT INVENTORY
MUSEUM CONCESSION SPACE
City or Museum Owned Items:
ITEM 1: REACH -IN REFRIGERATOR -SINGLE SOLID DOOR
Quantity: One (1)
ITEM 2: UNDERCOUNTER REFRIGERATOR -DOUBLE SOLID DOOR
Quantity: One (1)
ITEM 3: HORIZONTAL FREEZER -GLASS FLAT DOUBLE SLIDDING LID
Quantity: One (1)
ITEM 4: UNDERCOUNTER ICE MAKER
Quantity: One (1)
ITEM 5: EXPRESSO MACHINE
Quantity: One (1)
ITEM 6: COFFEE BREWER MACHINE
Quantity: One (1)
ITEM 7: COFFEE GRINDER
Quantity: One (1)
ITEM 8: REFRIGERATED DISPLAY CASE -FOOD ITEMS
Quantity: One (1)
ITEM 9: BEVERAGE MERCHANDISER CASE -SINGLE GLASS
Quantity: One (1)
ITEM 10: COMMERCIAL MICROWAVE
Quantity: One (1)
ITEM 11: TOASTER OVEN -COUNTERTOP, COMPACT
Quantity: One (1)
ITEM 12: WATER GLASS FILLER
Quantity: One (1)
ITEM 12: CREDIT CARD PROCESSING WIRELESS DEVICE
Quantity: One (1)
Concessions Agreement
7412 Museum Cafe Concession Event Beverage Services Page 29 of 31
sale in a public facility, then the pricing shall change or the items shall be removed or
replaced as required by the City. The Museum Representative will meet and confer
with Concessionaire regarding such matters; however, the City's determination as to
the same shall be conclusive. Failure of Concessionaire to correct, rectify or modify
its prices or quality within five (5) days of being advised in writing to do so shall be
cause for default.
4.1.4 Concessionaire must submit to and be approved by the Museum
Representative for review a list of all items to be sold in the concession area and
prices for all such items as listed on Exhibit "C", consisting of one (1) page, which is
attached hereto and incorporated herein by this reference. The Concessionaire must
submit to the Museum Representative in writing all subsequent item and price
changes.
4.2 Hours of Operation. Subject to the exception for inclement weather, expressed
below, the Concessionaire must provide daily food and beverage services in the Concession
Space at the Museum.
4.2.1 The hours of operation will conform to the hours listed below. However,
the Concessionaire shall not be required to operate the concession when the
Museum is closed due to bad weather or other reason as approved by Museum staff.
Any other hours of operation must be mutually agreed upon between the
Concessionaire and the Museum Representative. Hours of operation will be
reviewed monthly and are subject to change based on demand as agreed by both
the Museum Representative and Concessionaire.
Concession Hours - Museum
Tuesday thru Friday
10:OOa.m. - 5:00 .m.
Saturday
10:OOa.m. - 5:00 .m.
Sunda
10:OOa.m. - 5:00 .m.
4.2 Special Events Option. Concessionaire has the option, upon request by Museum
staff, but shall not be obligated, to provide luncheons or other meals for special occasions,
including but not limited to association meetings, fundraisers, or private parties. In the event
such a request is made and Concessionaire elects not to provide such services, Museum staff
may provide food and non-alcoholic beverage services through other means. Such services will
not make use of the Concession Space, unless approved by Concessionaire.
4.3 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor
of its agents and employees. If the Museum Representative so requests, Concessionaire shall
supply, at Concessionaire's expense, and require its employees to wear suitable attire and to
wear or carry badges or other suitable means of identification, the form of which shall be subject
to prior and continuing approval of the City.
4.3.1 The Concessionaire agrees to provide to the City at all times a current list of
employees, volunteers, and other representatives or agents of Concessionaire that
will be or are currently working on behalf of Concessionaire in providing services at
the Museum under this Agreement. Certain services provided by Concessionaire will
require that employees, volunteers, and other representatives or agents of
Concessions Agreement
7412 Museum Cafe Concession Event Beverage Services Page 3 of 31
r
EXHIBIT "I"
INSURANCE REQUIREMENTS
1. The Concessionaire 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 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 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 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 the Concessionaire under this Agreement. The City and FCDM, Inc., their
officers, agents and employees shall be named as additional insureds on the Concessionaire'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 Concessionaire shall
maintain during the life of this Agreement for all of the Concessionaire'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 Concessionaire shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Concessionaire 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.
Concessions Agreement
7412 Museum Cafe Concession Event Beverage Services Page 30 of 31
EXHIBIT "J"
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
1 swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a public
benefit. I understand that state law requires me to provide proof that I am lawfully present in the
United States prior to receipt of this public benefit. I further acknowledge that making a false,
fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the
criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-
8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently
received.
Signature Date
INTERNAL USE ONLY Valid forms of identification
7---current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
p--- current Colorado identification card
q---U.S. military card or dependent identification card
q---U.S. coast guard merchant mariner card
p--- Native American tribal document
The following forms of identification may be accepted
T --- original birth certificate from any state of the United States
T --- certificate verifying naturalized status by U.S. with photo and raised seal
P --- certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
T --- order of adoption by a U.S. court with seal of certification
T --- valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, MD,
Ml, NM, OR, UT, and WI
T --- valid immigration documents demonstrating lawful presence, e.g., current foreign passport with
current 1-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired
Resident Alien card, Permanent Resident card or Employment Authorization card
*A waiver may be available where no identification exists or can be obtained due to a medical
condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's
license. Contact your department director.
Concessions Agreement
7412 Museum Cafe Concession Event Beverage Services Page 31 of 31
Concessionaire act in positions of trust which will entail the handling of and
accounting for funds of the Museum and Museum 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 "D" consisting of two (2)
pages and incorporated herein by this reference, shall be screened using the
background screening procedure described, at Concessionaire's expense, and that
the results of such background screening shall be provided to the Museum
Representative prior to any such persons participation in the provision of services
hereunder.
The Concessionaire will require its employees to complete and execute the
Disclosure/Request, Authorization, and Waiver form attached hereto as Exhibit "E",
consisting of one (1) page and incorporated herein by this reference. Concessionaire
shall also provide to its employees/volunteers a copy of the Summary of Rights under
the Fair Credit Reporting Act attached hereto as Exhibit "F", consisting of two (2)
pages and incorporated herein by this reference.
4.3.2 The City may provide assistance in completing the background investigation,
including providing information from the completed disclosure form to an outside
vendor for a confidential records check. Concessionaire acknowledges that in such
event, by providing such assistance to Concessionaire, the City assumes no
responsibility for the timeliness, accuracy or completeness of the background
investigation, or for the direct or indirect consequences resulting from the same, and
Concessionaire shall hold the City harmless for any injury or loss resulting therefrom.
4.3.3 In the event that a background check, or any other information available to the
Concessionaire or the City, raises questions about the trustworthiness, fitness for
provision of services under this Agreement, competence or suitability of any individual
for a position of trust of any kind, including handling of funds, Museum equipment or
property, or working with youths or other members of the general public, such
individual shall not be employed or allowed to volunteer in connection with the
services or activities required or permitted under this Agreement, or in a manner that
would permit contact by that person with the funds, equipment, property associated
with the provision of services hereunder, or persons participating in programs or
services provided under this Agreement.
4.3.4 Upon receipt of written notice from the City of any reasonable objection
concerning trustworthiness, fitness for provision of services under this Agreement,
competence or suitability of any individual for a position of trust of any kind, or
concerning conduct, demeanor or competence of any employee or volunteer of
Concessionaire, the Concessionaire shall immediately take all lawful steps to remove
or otherwise address to the City's reasonable satisfaction the cause of the objection
or to remove such individual from the performance of any services provided
hereunder.
4.3.5 The following constitute unacceptable personal conduct that the parties
acknowledge and agree shall be subject to reasonable objection by the City. The
parties acknowledge that other conduct not listed in this Section may be determined
by the City to be reasonably expected to impair Concessionaire's ability to provide
satisfactory services under this Agreement, and may also give rise to a reasonable
Concessions Agreement
7412 Museum Cafe Concession Event Beverage Services Page 4 of 31
objection by the City to which Concessionaire shall respond as set forth herein. In
the event that Concessionaire, or the individual site manager, if different from
Concessionaire, commits any of the following examples of unacceptable conduct, or
fails or refuses to take reasonable action to correct such conduct by any person
providing services for or on behalf of Concessionaire hereunder, the City may give
Concessionaire notice of violation and proceed in the manner as set forth in Section
16.1.9.
A. Commission or conviction of a felony, or of any crime involving moral turpitude;
B. Theft or misuse of Museum money or property;
C. Harassment of, or illegal discrimination against, any individual based on race,
religion, national origin, age, sex, sexual orientation or disability;
D. Falsification, unauthorized use or destruction of Museum records, reports or
other data or information belonging to the Museum;
E. Abusive or threatening treatment of any person, including, but not limited tc
physical or verbal confrontation;
F. Using, consuming, possessing, having in the body or distributing alcohol
(except in the normal performance of concession services) or controlled
substances during working time;
G. Destruction, loss or abuse of Museum property;
H. Unauthorized use of Museum equipment or property for personal use; or
I. Possessing or maintaining sexually explicit materials on Museum property.
4.4 Statements. Recordkeeoing and Audits. Concessionaire shall keep books and
records of the business, including an accounting of all revenue and expenses of the concession
operation, in accordance with good accounting practice and in such form as is satisfactory to the
City. The Concessionaire hereby grants to the City the right to audit Concessionaire's books- -
and records for its operation at the Museum and agrees to make available to the City, or its
authorized representative, at any time, Monday through Friday inclusive, between the hours of
9:00 a.m. and 5:00 p.m., at a location designated by the City in its discretion, all records, books
and relevant related information as may be required for audit purposes.
4.5 Physical Interference. Concessionaire shall not do, nor permit to be done, anything
which may interfere with the effectiveness or accessibility of the drainage system, sewerage
system, fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if
any, installed or located at the Museum.
4.6 Taxes. Concessionaire shall pay all local, state and federal social security,
unemployment insurance, sales, use, personal property, possessory interest, and other taxes,
assessments and payments -in -lieu which, during the term of this Agreement or any extension
hereof, may become a lien of which may be levied or charged by the State, County, City of Fort
Collins or other tax -levying body upon or with respect to the Concession Space, upon any
taxable interest acquired by the Concessionaire in this Agreement, or any taxable possessory
right which Concessionaire may have in or to the Concession Space or facilities or the
improvements thereon, by reason of Concessionaire's occupancy or use thereof, or otherwise,
as well as all taxes on taxable property, real or personal, owned by Concessionaire or taxes on
Concessionaire's operations or activities in or about the Concession Space. However, except
as otherwise permitted by this Agreement, no charges, fees or taxes of any nature shall be
imposed by the City solely upon Concessionaire for exercising any right or privilege granted by
the City to Concessionaire in this Agreement with respect to the use of the Concession Space.
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Nothing herein shall prevent Concessionaire from protesting, through due process, any taxes
levied.
4.7 Licenses. The Concessionaire will obtain and pay for all licenses necessary in
connection with its operation, including but not limited to, a County Health Department Food
Services Establishment inspection, and a City business license and/or occupation license.
Failure to qualify for a required license or failure to obtain any such license within thirty (30)
days of execution of this Agreement shall constitute a default hereunder.
4.7.1 Any such licenses held by the Concessionaire in connection with this
Agreement shall be surrendered by the Concessionaire upon termination of this
Agreement.
4.7.2 Upon Concessionaire's surrender of all licenses and acquisition of new
licenses by such replacement concessionaire as the City may select, the City shall
reimburse Concessionaire for such proportional amount of the cost of the license as
may be attributable to any remaining period which may exist from the date of
Concessionaire's surrender to license expiration.
4.8 Vending Machines This Agreement does not include or permit Concessionaire's use
of vending machines in the supplying of food, beverages or incidental items.
ARTICLE 5
Employing Illegal Aliens
5.1 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Concessionaire represents and agrees that:
a. As of the date of this Agreement:
1. Concessionaire does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Concessionaire will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Concessionaire shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Concessionaire is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Concessionaire obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Concessionaire shall:
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1. Notify such subcontractor and the City within three days that
Concessionaire has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Concessionaire
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Concessionaire shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department') made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Concessionaire violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102,.C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Concessionaire shall be liable for actual
and consequential damages to the City arising out of Concessionaire's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Concessionaire violates
this provision of this Agreement and the City terminates the Agreement for such breach.
ARTICLE 6
Term
6.1 Period and Termination. The Agreement shall commence upon the date of execution
shown on the signature page of the Agreement and shall continue in full force and effect for one
(1) year. In addition, the Agreement may be extended by the City for additional one year periods
not to exceed four (4) additional one year periods.
However, either party may terminate this Agreement without cause, by providing written notice
to the other party of its intention to terminate at least ninety (90) days prior to the end of the then
existing term.
6.21-Iolding Over. In the event that the Concessionaire, or its successor in interest, if any, shall
remain beyond the term set forth herein, although no right to remain is given by this Article, it is
the intention of the parties and it is hereby agreed that a right of use from month -to -month shall
then arise subject to all provisions and conditions of this Agreement in connection with such
right, except that the City shall have the sole right to determine reasonable fees for any holdover
period.
ARTICLE 7
Payments for Conducting Business
7.1 Payments. The amount of monthly payment amounts will vary based on customer
volume per income projection model per Exhibit "G", which is attached hereto and incorporated
herein by this reference. If hours of operation are changed by mutual agreement of both parties
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pursuant to section 4.2.1 above, the amount of payment will adjusted accordingly. Monthly
payments are non-refundable.
7.1.1 Concessionaire shall pay monthly to the City an amount equal to twenty percent
(20%) of net Income amount per Concessionaire's Profit and Loss (PNL) Statement and
required support documentation. The amount is subject to approval by the Museum
Representative.
7.1.2 Concessionaire shall pay monthly to the City an amount equal to zero percent
(0%) if no net income is reported per Concessionaire's Profit and Loss (PNL) Statement
and required support documentation. The amount is subject to approval by the Museum
Representative.
7.1.3 The City shall pay monthly to the Concessionaire an amount equal to the net loss
per Concessionaire's Profit and Loss (PNL) Statement and required support
documentation. The amount is subject to approval by the Museum representative. Net
loss monthly payment not to exceed Five -Thousand -Dollars ($5,000)
7.1.4 The City shall pay to the Concessionaire start-up costs as listed in Exhibit "B",
which is attached hereto and incorporated herein by this reference. Total start-up costs
shall not exceed Fifteen -Thousand ($15,000) Dollars. A Five -Thousand ($5,000) Dollar
deposit is due within fifteen (15) days after Agreement effective date and Ten -Thousand
($10,000) Dollars is due within thirty (30) days after the cafe opening date upon receipt
of invoice and required support documentation. The amount is subject to approval by
the Museum Representative.
7.2 Reports. Each month the Concessionaire will provide a detailed report to the
Museum Representative by the 7th of the month including a Profit and Loss (PNL) and sales
report with all required support documentation.
7.2.1 The Museum Representative will have five (five) business days from date of
receipt to make comments or adjustments to the report.
7.2.2 Concessionaire will provide an expense report and documentation of any
agreed upon expenses at the end of each month.
7.3 Invoices. Concessionaire will provide an invoice for Products and Services at the end
of each month.
7.4 Time of Payment. Payments due to the City shall be paid monthly no later than fifteen
(15) days after receipt of invoice. Payments due to the Concessionaire shall be paid monthly no
later than fifteen (15) days after receipt of invoice.
7.5 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due
amounts due to the City at the rate of eighteen percent (18%) per annum from the due date,
until paid.
7.6 Method of Payment. Payments due under Article 7 shall be by check or money order
payable to the order of "Fort Collins Museum of Discovery' and shall be mailed or personally
delivered to the Museum Representative.
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ARTICLE 8
Utilities, Maintenance and Janitorial Duties
8.1 Utilities. All utilities, including water, storm water, sewer, gas, trash collection,
recycling, basic facility security system, natural gas and electric services to the Concession
Space, are provided by the City, and the Concessionaire will not be responsible for utility costs.
8.2 Maintenance and Repair. The City shall maintain and repair the Concession Space
and City equipment and fixtures (defined in Article 9). Concessionaire must submit all requests
for repairs or maintenance to the Museum Representative. Notwithstanding anything to the
contrary contained herein, the City will not in any way be liable to the Concessionaire for failure
to make repairs as herein specifically required of it unless the Concessionaire has previously
notified the Museum Representative in writing of a need for such repairs, and the City has failed
to commence and complete said repairs within a reasonable period of time following receipt of
the Concessionaire's written notification.
8.2.1 The Concessionaire shall neither hold nor attempt to hold either the City or
FCDM liable for any injury or damage, either approximate or remote, occasioned
through or caused by defective electrical wiring or the breaking or stoppage of
plumbing or sewage upon the Concession Space/Area, whether said breakage or
stoppage results from freezing or otherwise.
8.3 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space/Area
and its fixtures clean and in good sanitary condition as required by the ordinances, resolutions,
statutes and health, sanitary and police regulations of the City of Fort Collins, County of Larimer
and State of Colorado.
8.3.1 Concessionaire shall thoroughly clean the entire Concession Space/Area,
including all equipment and fixtures, whether provided by the City or Concessionaire,
floors, sinks counters, refrigerators and all coils, at least four (4) times per year at
minimum.
8.3.2 Concessionaire is responsible for the ongoing cleanliness of the Concession
Space/Area in order to provide a clean and orderly appearance for patrons, including
but not limited to, removing trash accumulations to designated trash containers.
ARTICLE 9
Acceptance and Trade Fixtures
9.1 Concession Space Museum Equipment and Fixtures. In addition to the Concession
Space, the City shall provide the following:
9.1.1 Existing equipment as listed on Exhibit "H", consisting of one (1) page,
attached hereto and made a part hereof;
9.1.2 Lighting fixtures for general area illumination; and
9.1.3 Heat and air conditioning.
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