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HomeMy WebLinkAboutPIT'S CHICAGO DOG (MATTHEW PITLER) - CONTRACT - RFP - 7423 OUTDOOR MOBILE VENDING SERVICES - DOWNTOWN ZOOUTDOOR MOBILE VENDING SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 7th day of May, 2013, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and Matthew Pitler dba Pit's Chicago Dog (Concessionaire). WITNESSETH WHEREAS, the City Council passed Ordinance No. 058,2012, establishing the Downtown Zone District as a concession area for the sale of goods and services from outdoor locations; and WHEREAS, the City has established various concession locations in the Downtown Zone District including approved public parking lots; and WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts from the City a concession for outdoor vending at: Lot # 1 - City Hall South Lot, 300 Laporte Avenue NOW THEREFORE, in consideration of the mutualcovenants and obligations herein expressed, the parties agree as follows: Section 1. Contract Documents The contract documents consist of this Agreement and Exhibits A, B, and C incorporated herein by this reference. These form the contract, and are incorporated herein by this reference. Section 2. Terms,of the Agreement A. This Agreement shall be effective from May 7, 2013 until September 5, 2013, unless sooner terminated as herein provided. The City may, at its option, renew the Agreement for additional one (1) year terms, to a maximum of three (3) additional one year terms. However, either party may terminate this Agreement without cause, by providing written Outdoor Mobile Vending Services Agreement Page 1 of 14 G. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Section 7. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" Affidavit Pursuant to C.R.S. 24-76.5-103, consisting of one (1) page, attached hereto and incorporated herein by this reference. This is for unincorporated concessionaires. City of F Collins B: v 4 4 Gerry S. Paul Director of Purchasing &Risk Management Date: S / Z i / 0 Concessionaire: MATTHEW PITLER, DBA PIT'S CHICAGO DOG By: MFO-- V Print Name: MA 7 s Q _1 E Title: O \,j ri e Date: '�' ) - ' )y'), Outdoor Mobile Vending Services Agreement Page 10 of 13 EXHIBIT "A" SITE MAP Downtown Concession Agreement Vending Locations Off-street Sites E in 2 o i 0 i z z z DEW' v a m a 0 v Outdoor Mobile Food Vendor Locations Public Lots (1 Mobile FoodTruck/Pushcart per Lot) 1 - City Hall South Lot 3 - Olive and Mathews Lot 2 - 215 North Mason St City -owned Lot (1-3 Mobile Food Trucks/Pushcarts) 4 - Creamery Lot Q Existing Pushcart Sidewalk Sites Outdoor Mobile Vending Services Agreement E Mountain Ave / Q Downtown Zoning District City of Fort Collins N July 2� 5 Page 11 of 13 EXHIBIT "B" INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City. its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Outdoor Mobile Vending Services Agreement Page 12 of 14 PAGE INTENTIONALLY LEFT BLANK Outdoor Mobile Vending Services Agreement Page 13 of 14 EXHIBIT C AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103 I, M n7r r e< , 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 Outdoor Mobile Vending Services Agreement Date Page 14 of 14 PITSC-1 OP ID: KB CERTIFICATE OF LIABILITY INSURANCE °"`0"" O5/1711/17/13 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 Certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 endorsements . PRODUCER 847-870-7100 CONTACT IUuIE Suburban Insurance Consultant 847-259d487 2170 Point Blvd Suite #600 Elgin, IL 60123 PauIJ.Tack PHONE FAx c_No EeU Arc N.): EAA UREss: INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: SeCUra 22543 INSURED Pit's Chicago Dogs Matthew Pitler DBA 1224 Gay Street INSURER B: INSURERC: Longmont, CO 80501 INSURER D: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 LTWYYYY LTR TYPE OF INSUMNCE a m USR POLICY NUMBER M1WDILY EFF MM/D POLICY EXP UNITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 PREMISES Ea ooarrence $ 100,00 A X COMMERCIALGENERALLWBILITY CLAIM^ eE 1K OCCUR BP-103750 05/17113 05117114 MED EXP(My ore Person) $ 5,00 PERSONAL A ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG S 2,000,00 $ X POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMB Fe a ddent 1,000,00 BODILY IWURY(Per Person) 1 A ANY AUTO BP-103750 05117113 05/17114 ALL OWNED SCHEDULED AUTOS AUTOS J BODILY INJURY (Per aoddenl) $ PROPERTY DAMAGE firmaobdeM S HIRED AUTOS X NON -OWNED AUTOS S UMBRELLl1LABS OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS I" CLAIMSMADE DEO I I RETENTION $ WORKERS COMPENSATION I WC STATU OTH- AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNERiE%ECUTNE OFFICER/MEMSER EXCLUDED'! N/A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (MerMatory in NH) If yes d be under DESCRIPTION OF OPERATIONS eel E.L. DISEASE -POLICY LIMIT $ A Bus Pers Property BP-103750 05/17/13 05117/14 10,000 $500 de A Hot Dog Trailer BP-103750 05117/13 05/17/14 2,700 $250 Cled DESCRIPTION OF OPERATONS I LOCATIONS / VEHICLES (AUach ACORD 101, Addlibnal Reeurts Scne0u4, It mow space la rspulred) It is understood and agreed that the certificate holder is added as an additional insured. FORTCOL City of Fort Collins 215 N. Mason Ft. Collins, CO 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATmN DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORLZED REPRESENTATIVE 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD providing written notice to the other party of its intention to terminate at least thirty (30) days prior to the end of the then existing term. B. In the event that the concession location cannot be used because of improvements being made at the concession location, this Agreement may be suspended on 30 days notice to the Concessionaire. The suspension shall continue until the improvements are completed or it is determined that the location can no longer be used as a concession site. The City will use a good faith effort to relocate the concession site if needed. Section 3. Concession Operations The City hereby grants Concessionaire a concession for the use of the property for outdoor mobile vending services in the Downtown Zone District (per attached Exhibit A) described as: - Lot # 1 - City Hall South Lot, 300 Laporte Avenue The Concessionaire shall have the right to operate an outdoor vending concession within this area in accordance with the agreement. A. Independent Contractor: The services to be performed by the Concessionaire are those of an independent contractor and not as an employee of the City. The City shall not be responsible for withholding any portion of Concessionaire's compensation hereunder for the payment of FICA, Worker's Compensation, or otherwise. B. Records: The Concessionaire shall keep adequate and proper business records of all expenses and receipts of the concession operations. At the request of the City, all such business records shall be made open and available for inspection and audit by the City of Fort Collins Finance Department. C. Monetary Provision: The Concessionaire agrees to pay the City an amount equal to One -Hundred -Twenty -Dollars ($120) per site per year, plus zero (Q) percent of gross Outdoor Mobile Vending Services Agreement Page 2 of 14 receipts from the concession operations conducted pursuant to this Agreement. Gross receipts shall include all revenues, excluding sales tax received by the concessionaire from concession operations. All such gross receipt payments shall be paid to the City on the same day that sales and use tax payments are due. However, the payments for the concessions must be submitted separately. The $120 annual fee is due immediately, in the initial term, and any renewal term. Monthly payments shall be paid to the City Sales Tax Office prior to the 10th of each month for every month the agreement is in force. D. Licenses: The Concessionaire shall obtain and pay for all licenses needed for the operation of the concession including, but not necessarily limited to, a County Health Department Food Services establishment inspection, City and State sales tax licenses. Any such licenses held specifically by the Concessionaire in connection with this Agreement shall be surrendered by the Concessionaire at the time of termination of this Agreement. E. Laws, Rules & Regulations: The operation of the concession granted under this Agreement shall, at all times, conform with all applicable Federal, State, and local laws and with all applicable rules and regulations adopted by the City or any of its Boards or Departments. F. Insurance/ Indemnity: The Concessionaire shall indemnify, save and hold harmless the City from all claims and losses, including costs and reasonable attorney's fees arising directly or indirectly out of the Concessionaire's use of the concession area or operation of the concession. The Concessionaire shall maintain commercial liability insurance in the amount of $500,000 combined single limits naming the City as an additional insured under this Agreement of the type and with the limits specified within attached Exhibit B. The Concessionaire before commencing services hereunder, shall deliver to the City's Director Outdoor Mobile Vending Services Agreement Page 3 of 14 of Purchasing and Risk Management, P.O. Box 580, Fort Collins, CO 80522, one (1) copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. G. Signage: All signs on the concession cart must be approved by the City. Signs may be displayed in or on the cart only unless additional signage is approved by City staff. H. Mobile Food Truck or Pushcart: The Concessionaire will be required to have a mobile food truck or pushcart as defined in the Outdoor Vendor Ordinance, 058,2012, effective July 27, 2012. The design and appearance of the mobile food truck or pushcart must conform to the specifications described in Concessionaire's proposal, unless otherwise agreed to in writing by the parties before the cart may be used at the concession area. The City reserves the right to approve any modifications, changes, or alternative mobile food truck or pushcart. The mobile food truck or pushcart is subject to inspection by City. The mobile food truck or pushcart must be maintained and repaired to the City's satisfaction. The mobile food truck or pushcart must be removed from the site when not in use. I. Restrictions: Equipment such as tables, chairs, benches and displays not attached to the cart may not be used except for items & equipment authorized, in writing, by the City Representative. Merchandise must be restricted to the mobile food truck or pushcart. A tarp or other protective medium must be placed to protect underlying surface. Mobile food truck or pushcart must be located in approved location on site and cannot impede vehicular or pedestrian flow. J. Cleanliness: Concessionaire shall keep the concession area clean of all trash within 100 foot radius of lot site. Food concessionaires must use a tarp under the pushcart or if a mobile food truck, under the serving area to minimize grease deposits and spillage. Outdoor Mobile Vending Services Agreement Page 4 of 14 Concessionaire shall pay a clean-up fee of Twenty -Dollars ($20.00) per month for their assigned lot site. Clean-up fee subject to change during term of agreement based on frequency required with at least thirty (30) days' notice to the Concessionaire. K. Sales Tax Returns: All sales tax returns and concessionaire payments to the City associated with the concession operation must be filed by their due date. No assessment fees, penalties or interest will be waived by the City. L. Power Source: Portable generators will be permitted. M. Stock: The Concessionaire shall maintain an adequate stock of supplies on hand for all occasions in order to supply the need of parties desiring to patronize the concession area. N. Hours: The Concessionaire must keep the concession area open for business as directed by the City. Days of operation shall be agreed to by both parties and the minimum hours of operation must be maintained. Minimum hours are: 11 M a.m. to 2:00 p.m. , one day per week (Monday). Concessionaire is not required to operate on national holidays or holidays recognized by the City where City offices (except for emergency services offices) are closed. O. Inclement Weather: The Concessionaire shall not be required to operate the concession when it is raining, snowing, hailing, and abnormally windy or when the air temperature is below 50 degrees Fahrenheit. P. Product: The products authorized are as described in Concessionaire's proposal and agreed to by the City. The City will not pre -authorize new products but does reserve the right to review any new products that may be added. This is to ensure that the new products meet the same quality as those proposed in the original Request for Proposal. Outdoor Mobile Vending Services Agreement Page 5 of 14 Q. Blackout Dates: Concessionaire will not be allowed to operate in granted site during special events in the Downtown Zone District in which the public parking lot would be utilized as part of the event venue. Contact the Fort Collins Downtown Business Association (DBA) at (970) 454-6500 or the event promoter with inquires for a site at their event. Section 4. General Conditions A. The Concessionaire shall neither assign any of the rights nor delegate any of the duties under the provisions of this Agreement without having first obtained the written permission of the City. The Concessionaire shall not sublet any portion of the concession area or allow any other person to take possession of any portion of the concession areas without the written consent of the City. B. Vacant sites resulting from either no -bid or termination may be filled at any time for the duration of the current one (1) year period. Responsible parties will be awarded vacant sites as acceptable proposals are received. The city may, at its option, renew the Agreement for the formerly vacant sites for additional one (1) year periods not to exceed the balance of the additional periods remaining for this Agreement. C. This Agreement may not be enlarged, modified or altered except in writing, signed by the parties as an amendment hereto. D. No waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. E. It is expressly understood and agreed by and between the parties hereto that in the performance of the terms and conditions of this Agreement, time is of the essence. Outdoor Mobile Vending Services Agreement Page 6 of 14 F G. H. J. The location assigned is not transferable to another vendor or concessionaire. Fixtures and Improvements: 1. The Concessionaire agrees that all auxiliary equipment needed to operate the Concession shall be installed at its expense. Prior to making any and all improvements on said premises, the Concessionaire agrees to obtain the approval of the appropriate City Department and shall supervise the construction of said improvements. 2. Upon the termination of this Agreement the Concessionaire shall remove any fixtures or improvements made by it to the concession area. However, the concession area must be restored to as good a condition as the premises were in at the time the Concessionaire took possession thereof. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto. If either party must resort to legal action to enforce the terms of this Agreement, the prevailing party shall be awarded its costs and reasonable attorney's fees. Any notice required or desired to be given under this Agreement will be considered delivered to the other party upon hand delivery or upon its deposit in the United States mail, postage prepaid, sent by registered mail, addressed to the other party at the following address: City: City of Fort Collins Purchasing Division P.O. Box 580 Fort Collins, CO 80522 Concessionaire: Pit's Chicago Dog Attn: Matthew Pitler 1224 Gay Street Longmont, CO 80501 Outdoor Mobile Vending Services Agreement Page 7 of 14 K. Notwithstanding the time periods contained herein, either party may terminate this Agreement at any time without cause by providing written notice of termination to the other party. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the above address. Section 5. Default A. The Concessionaire shall be in default under the terms and conditions of this Agreement, if the Concessionaire fails to cure the default within ten (10) days after written notice setting forth the nature of the default is delivered to the Concessionaire. B. In the event the default is not timely cured, the City may elect to (a) terminate this Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance or (c) avail itself of any other remedy at law or equity. Section 6. Prohibition Against Employing Illegal Aliens Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: A. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Outdoor Mobile Vending Services Agreement Page 8 of 14 Program"), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. B. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. c.Service Provider is prohibited from using the a -Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. D. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. Outdoor Mobile Vending Services Agreement Page 9 of 14