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HomeMy WebLinkAboutSEASONAL SOUPS & COMMON LINK - CONTRACT - RFP - 7632 OUTDOOR CONCESSIONAIRE - DOWNTOWN TRANSIT CEN (2)Concession Agreement Page 1 of 10 7632 Outdoor Concessionaires – Downtown Transit Center CONCESSION AGREEMENT THIS AGREEMENT is made and entered into this day of May 30, 2014, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and SEASONAL SOUPS, LLC (Concessionaire). WITNESSETH WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts from the City a concession for outdoor vending at the Downtown Transit Center (DTC) located at 250 N. Mason Street, Fort Collins, CO 80524. NOW THEREFORE, in consideration of the mutual covenants and obligations herein expressed, the parties agree as follows: Section 1. Contract Documents The contract documents consist of this Agreement and Exhibits A, B and C, a t t ached hereto and incorporated herein by this reference. Section 2. Terms of the Agreement A. This Agreement shall be effective from June 1, 2014 until May 31, 2015, unless sooner terminated as herein provided. The City may, at its option, renew the Agreement for additional one (1) year terms, to a maximum of four (4) additional one (1) year terms. B. In the event that the concession location can not be used because of improvements being made at the concession location, this Agreement may be suspended on t h i r t y ( 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. Section 3. Concession Operations The City hereby grants Concessionaire a concession for the use of the Downtown Transit Center concession area as defined in Exhibit "A", consisting of one (1) page, attached and incorporated herein by reference, for outdoor vending. The Concessionaire shall have the right to operate an outdoor food 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 Treasury Division. C. 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 DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Concession Agreement Page 2 of 10 7632 Outdoor Concessionaires – Downtown Transit Center Department Food Services establishment inspection and 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. D. 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 . E. 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 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. 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, naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page, attached and incorporated herein by reference. The Concessionaire, before commencing services hereunder, shall deliver to the City's Director 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. F. Signage: All signs on the concession truck must be approved by the City Representative. Signs may be displayed in or on the truck only unless additional signage is approved by the City Representative. G. Mobile Food Truck: The mobile food truck may not exceed the size of eleven (11) foot wide and thirty-five (35) foot long. Truck width shall not extend beyond one (1) foot of the forward and side curbs. The design and appearance of the mobile food truck must conform to the specifications described in Concessionaire's proposal, unless otherwise agreed to in writing by the parties before the mobile food truck may be used at the concession area. The City reserves the right to approve any modifications, changes, or alternative mobile food truck. The mobile food truck is subject to inspection by the City. The mobile food truck must be maintained and repaired to the City's satisfaction. The mobile food truck must be removed from the site when not in use. H. Restrictions: Equipment such as tables, chairs, benches and displays not attached to the truck may not be used except for items and equipment authorized, in writing, by the City Representative. Merchandise must be restricted to the mobile food truck. A tarp or other protective medium must be placed to protect underlying surface. Mobile food truck must be located in approved location site and cannot impede vehicular or pedestrian flow. I. Cleanliness: Concessionaire shall keep the concession area clean of all trash within a one- hundred (100) foot radius of site. Food Concessionaires must use a tarp under the serving area, to minimize grease deposits and spillage. DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Concession Agreement Page 3 of 10 7632 Outdoor Concessionaires – Downtown Transit Center Concessionaire shall pay the City Twenty Dollars ($20.00) per month cleaning fee for power washing of the site granted. The Cleaning fee is subject to change during term of Agreement based on frequency required with at least thirty (30) days’ notice to the Concessionaire. City fees associated with the concession operation must be filed by their due date. No assessment fees, penalties or interest will be waived by the City. J. Power Source: Portable generators will be permitted if contained within the designated concession area. Use of a power generator must not violate the noise regulations contained in the City’s Noise Control Ordinance (Chapter 20, Article II) of the City Code. For more information, visit www.colocode.com/fcmunihtml.html. K. Stock: The Concessionaire shall maintain an adequate stock of supplies on hand for all occasions in order to supply to the needs of parties desiring to patronize the concession area. L. Hours: The Concessionaire must keep the concession area open for business as agreed to in this contract. Beginning from the contract start date and ending thirty-one (31) days from that date, the Concessionaire shall submit, verbally or in writing, the days and hours of operation for approval by the City Representative. The Concessionaire shall notify, verbally or in writing, the City Representative of any changes to operating days and hours during this period, subject to approval by the City Representative. After conclusion of the one month period, the ongoing days and hours will be determined through negotiation between the Concessionaire and the City Representative. The agreed upon days and hours will be reflected in an amended contract. Any adjustments to the ongoing days and hours shall be requested in writing and are subject to approval by the City Representative. Concessionaire is not required to operate on days when Transfort is not operating transit services out of the Downtown Transit Center. 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. M. Product: The products authorized are as described in Concessionaire's proposal and agreed to by the City Representative. The City Representative 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. Smoking instruments, tobacco and tobacco products, gum and alcohol will not be sold. The City recommends the Concessionaire incorporate the Dietary Guidelines for Americans, as outlined on www.health.gov/dietaryguidelines. The Dietary Guidelines encourage Americans to focus on eating a healthy diet, one that focuses on foods and beverages that help achieve and maintain a healthy weight, promote health and prevent disease. N. Customer Service: Concessionaire is required to uphold high standards of customer service by addressing customer complaints in a prompt and courteous manner. DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Concession Agreement Page 4 of 10 7632 Outdoor Concessionaires – Downtown Transit Center Concessionaire will also provide contact information for the City, updated as needed. The personal conduct of the Concessionaire has a direct impact on the quality of performance. Unacceptable personal conduct/behavior by the Concessionaire may result in immediate or early termination of the Agreement. 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 area without prior written consent of the City. Any such assignment or subletting without the City’s prior written consent shall be deemed null and void and of no effect. B. This Agreement may not be enlarged, modified or altered except in writing, signed by the parties as an amendment hereto. C. No waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. D. 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. E. The location assigned is not transferable to another vendor or Concessionaire. F. 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. G. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto. H. 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. I. 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 addresses: DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Concession Agreement Page 5 of 10 7632 Outdoor Concessionaires – Downtown Transit Center City: Copy to: Concessionaire: City of Fort Collins City of Fort Collins Seasonal Soups Purchasing Division Transfort Attn: Angela Norman P.O. Box 580 Attn: Timothy Wilder 1009 Knobcone Pl. Fort Collins, CO 80522 P.O. Box 580 Loveland, CO 80538 Fort Collins, CO 80522 J. 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 addresses. Section 5. Default A. The Concessionaire shall be in default under the terms and conditions of this Agreement, if the Concessionaire fails to cure the default within ten (10) days after written notice setting forth the nature of the default is delivered to the Concessionaire. B. In the event the default is not timely cured, the City may elect to (a) terminate this Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance or (c) avail itself of any other remedy at law or equity. Section 6. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: A. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5- 102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. B. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. D. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Concession Agreement Page 6 of 10 7632 Outdoor Concessionaires – Downtown Transit Center Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three (3) 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. F. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17 .5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. G. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Section 7. Special Provisions. 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. DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Concession Agreement Page 7 of 10 7632 Outdoor Concessionaires – Downtown Transit Center CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney Seasonal Soups, LLC By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE Date:_____________________________ DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Owner 6/10/2014 Angela Norman 6/11/2014 Concession Agreement Page 8 of 10 7632 Outdoor Concessionaires – Downtown Transit Center EXHIBIT A DOWNTOWN TRANSIT CENTER MOBILE VENDOR PARKING LOCATION DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Concession Agreement Page 9 of 10 7632 Outdoor Concessionaires – Downtown Transit Center EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insured 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 coverage 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: 1. 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. DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 New insurance Concession Agreement Page 10 of 10 7632 Outdoor Concessionaires – Downtown Transit Center EXHIBIT C AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103 I, __________________________________, 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 DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 6/10/2014 X Angela Norman Insured Full Copy 482117 05-28-14 OLD TOWN INS INC 315 W.MAGNOLIA ST #7 FORT COLLINS, CO 80521 ANGELA NORMAN 1009 KNOBCONE PL LOVELAND, CO 80538-1945 CUSTOMER NUMBER: RUN DATE: DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Insured Full Copy 648132338 05-28-14 001 OLD TOWN INS INC Allstate Insurance Company OLD TOWN INS INC ANGELA NORMAN (SEE NAMED INSURED ENDORSEMENT) X $ 25.00 $ 25.00 SEE NEXT PAGE DM CW 30 01 10 Allstate Insurance Company Policy Number THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CHANGE ENDORSEMENT Endorsement No. Named Insured Effective Date: 12:01 A.M., Standard Time Agent Name This endorsement will not be used to decrease coverages, increase rates or deductibles or alter any terms or conditions of coverage unless at the sole request of the insured. COVERAGE PART INFORMATION ---Coverage parts affected by this change as indicated by x below. Commercial Property Commercial General Liability Commercial Crime Commercial Inland Marine The following item(s): Insured’s Name Insured’s Mailing Address Policy Number Company Effective/Expiration Date Insured’s Legal Status/Business of Insured Payment Plan Premium Determination Additional Interested Parties Coverage Forms and Endorsements Limits/Exposures Deductibles Covered Property/Location Description Classification/Class Codes Rates Underlying Exposure/Insurance is (are) changed to read {See Additional Page(s) } The above amendments result in a change in the premium as follows: This premium does not include taxes and surcharges. No Changes To be Adjusted at Audit Additional Return Tax and Surcharge Changes Additional Return Countersigned By: AUTHORIZED AGENT DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Insured Full Copy 648132338 05-28-14 001 OLD TOWN INS INC ANGELA NORMAN Allstate Insurance Company THE FOLLOWING ADDITIONAL INTEREST (ADDITIONAL INSURED) HAS BEEN ADDED TO THE POLICY: CITY OF FORT COLLINS 250 N MASON ST FORT COLLINS CO 80524-4407 ADDITIONAL INSURED HAS BEEN ADDED. THE FOLLOWING FORM(S) HAS BEEN ADDED: CG 20 26 07-04 ADDL INSD-DESIGNATED PERSON/ORGANIZATION ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME DM CW 30 01 10 Allstate Insurance Company Policy Number COMMON POLICY CHANGE ENDORSEMENT Endorsement No. Named Insured Effective Date: 12:01 A.M., Standard Time Agent Name POLICY CHANGES ENDORSEMENT DESCRIPTION (CONT’D) REMOVAL PERMIT If this policy includes the Commercial Property Coverage Part, the following applies with respect to the Coverage Part: If Covered Property is removed to a new location that is described on this Policy Change, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change; after that, this insurance does not apply at the previous location. DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Insured Full Copy 648132338 05-28-14 OLD TOWN INS INC ANGELA NORMAN Allstate Insurance Company DM CW 30 (cont.) THE NAMED INSURED ON FORM DM CW 30 IS AMENDED TO READ: ANGELA NORMAN DBA - SEASONAL SOUPS DM CW 03 01 10 Allstate Insurance Company Policy Number SCHEDULE OF NAMED INSURED(S) Named Insured Effective Date: 12:01 A.M., Standard Time Agent Name DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Insured Full Copy 648132338 05-28-14 OLD TOWN INS INC ANGELA NORMAN Allstate Insurance Company COMMON POLICY FORMS AND ENDORSEMENTS DM CW 30 01-10 COMMON POLICY CHANGE ENDORSEMENT DM CW 03 01-10 SCHEDULE OF NAMED INSURED(S) DM CW 12 01-10 SCHEDULE OF FORMS AND ENDORSEMENTS GENERAL LIABILITY FORMS AND ENDORSEMENTS DL CW 30 01-10 SCHEDULE OF GENERAL LIABILITY CHANGES CG 20 26 07-04 ADDL INSD-DESIGNATED PERSON/ORGANIZATION DM CW 12 01 10 DM CW 12 01 10 Allstate Insurance Company Policy Number SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured Effective Date: 12:01 A.M., Standard Time Agent Name DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Insured Full Copy 648132338 01-02-2014 OLD TOWN INS INC 05-28-14 1009 KNOBCONE PL 01-02-2015 01-02-2014 LOVELAND, CO 80538-1945 ANGELA NORMAN Certificate Holder 0 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ 100,000 $ 5,000 CITY OF FORT COLLINS 250 N MASON ST FORT COLLINS, CO 80524-4407 CERTIFICATE OF INSURANCE - COMMERCIAL CI CW 02 01 10 ALLSTATE INSURANCE COMPANY - NORTHBROOK, IL THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INTERESTED PARTY TYPE: Description of Operation: CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate is Issued Name and Address of Insured Location Address (if different than above) This is to certify that policies of insurance listed below have been issued to the insured named above subject to the expiration date indicated below, 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. TYPE OF INSURANCE AND LIMITS Policy Number: Effective Date: Expiration Date: COVERAGE SUMMARY GENERAL LIABILITY AMOUNT GENERAL AGGREGATE LIMIT (Other than Products -- Completed Operations) PRODUCTS --COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT PHYSICAL DAMAGE LIMIT ANY ONE LOSS MEDICAL EXPENSE LIMIT ANY ONE PERSON PROPERTY INSURANCE POLICY TYPE Amount BUILDING Replacement Cost Actual Cash Value Deductible CONTENTS Replacement Cost Actual Cash Value Deductible Basic Form Wind Deductible % Broad Form Exclude Wind YES NO Special Form ADDITIONAL COVERAGE’S: MORTGAGE CLAUSE - The policy contains a Mortgage Clause in favor of: Mortgagee Address CERTIFICATE PERIOD THIS CERTIFICATE WILL REMAIN IN FORCE FROM THE INCEPTION OF THE POLICY UNTIL THE POLICY IS CANCELLED OR EXPIRES. POLICY INCEPTION DATE: 12:01 AM 12:00 NOON Standard Time at the location of the Insured premises. PROVISIONS This form is not the contract of insurance, but attests that a policy as identified above has been issued. The provisions of the policy shall prevail Insured Full Copy 648132338 05-28-14 001 OLD TOWN INS INC ANGELA NORMAN Allstate Insurance Company Additional Insured ALL 49950 $ 25.00 Flat Charge ADDED DL CW 30 01 10 Allstate Insurance Company Policy Number Endorsement No. SCHEDULE OF GENERAL LIABILITY CHANGES Named Insured Effective Date: 12:01 A.M., Standard Time Agent Name CLASS CODE INFORMATION AFFECTED BY THIS CHANGE IS ADDED, DELETED OR CHANGED AS INDICATED. THE FOLLOWING CLASS CODE INFORMATION IS: Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Products/Completed Operations Rate Premium Classification: THE FOLLOWING CLASS CODE INFORMATION IS: Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Products/Completed Operations Rate Premium Classification: THE FOLLOWING CLASS CODE INFORMATION IS: Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Products/Completed Operations Rate Premium Classification: THE FOLLOWING CLASS CODE INFORMATION IS: Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Products/Completed Operations Rate Premium Classification: DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Insured Full Copy 648132338 CITY OF FORT COLLINS POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 07 04 ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED --DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II --Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Agent Copy 482117 05-28-14 OLD TOWN INS INC 315 W.MAGNOLIA ST #7 FORT COLLINS, CO 80521 OLD TOWN INS INC 315 W.MAGNOLIA ST #7 FORT COLLINS, CO 80521 CUSTOMER NUMBER: RUN DATE: DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Agent Copy 648132338 05-28-14 001 OLD TOWN INS INC Allstate Insurance Company OLD TOWN INS INC ANGELA NORMAN (SEE NAMED INSURED ENDORSEMENT) X $ 25.00 $ 25.00 SEE NEXT PAGE DM CW 30 01 10 Allstate Insurance Company Policy Number THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CHANGE ENDORSEMENT Endorsement No. Named Insured Effective Date: 12:01 A.M., Standard Time Agent Name This endorsement will not be used to decrease coverages, increase rates or deductibles or alter any terms or conditions of coverage unless at the sole request of the insured. COVERAGE PART INFORMATION ---Coverage parts affected by this change as indicated by x below. Commercial Property Commercial General Liability Commercial Crime Commercial Inland Marine The following item(s): Insured’s Name Insured’s Mailing Address Policy Number Company Effective/Expiration Date Insured’s Legal Status/Business of Insured Payment Plan Premium Determination Additional Interested Parties Coverage Forms and Endorsements Limits/Exposures Deductibles Covered Property/Location Description Classification/Class Codes Rates Underlying Exposure/Insurance is (are) changed to read {See Additional Page(s) } The above amendments result in a change in the premium as follows: This premium does not include taxes and surcharges. No Changes To be Adjusted at Audit Additional Return Tax and Surcharge Changes Additional Return Countersigned By: AUTHORIZED AGENT DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Agent Copy 648132338 05-28-14 001 OLD TOWN INS INC ANGELA NORMAN Allstate Insurance Company THE FOLLOWING ADDITIONAL INTEREST (ADDITIONAL INSURED) HAS BEEN ADDED TO THE POLICY: CITY OF FORT COLLINS 250 N MASON ST FORT COLLINS CO 80524-4407 ADDITIONAL INSURED HAS BEEN ADDED. THE FOLLOWING FORM(S) HAS BEEN ADDED: CG 20 26 07-04 ADDL INSD-DESIGNATED PERSON/ORGANIZATION ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME DM CW 30 01 10 Allstate Insurance Company Policy Number COMMON POLICY CHANGE ENDORSEMENT Endorsement No. Named Insured Effective Date: 12:01 A.M., Standard Time Agent Name POLICY CHANGES ENDORSEMENT DESCRIPTION (CONT’D) REMOVAL PERMIT If this policy includes the Commercial Property Coverage Part, the following applies with respect to the Coverage Part: If Covered Property is removed to a new location that is described on this Policy Change, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change; after that, this insurance does not apply at the previous location. DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Agent Copy 648132338 05-28-14 OLD TOWN INS INC ANGELA NORMAN Allstate Insurance Company DM CW 30 (cont.) THE NAMED INSURED ON FORM DM CW 30 IS AMENDED TO READ: ANGELA NORMAN DBA - SEASONAL SOUPS DM CW 03 01 10 Allstate Insurance Company Policy Number SCHEDULE OF NAMED INSURED(S) Named Insured Effective Date: 12:01 A.M., Standard Time Agent Name DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Agent Copy 648132338 05-28-14 OLD TOWN INS INC ANGELA NORMAN Allstate Insurance Company COMMON POLICY FORMS AND ENDORSEMENTS DM CW 30 01-10 COMMON POLICY CHANGE ENDORSEMENT DM CW 03 01-10 SCHEDULE OF NAMED INSURED(S) DM CW 12 01-10 SCHEDULE OF FORMS AND ENDORSEMENTS GENERAL LIABILITY FORMS AND ENDORSEMENTS DL CW 30 01-10 SCHEDULE OF GENERAL LIABILITY CHANGES CG 20 26 07-04 ADDL INSD-DESIGNATED PERSON/ORGANIZATION DM CW 12 01 10 DM CW 12 01 10 Allstate Insurance Company Policy Number SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured Effective Date: 12:01 A.M., Standard Time Agent Name DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Agent Copy 648132338 05-28-14 001 OLD TOWN INS INC ANGELA NORMAN Allstate Insurance Company Additional Insured ALL 49950 $ 25.00 Flat Charge ADDED DL CW 30 01 10 Allstate Insurance Company Policy Number Endorsement No. SCHEDULE OF GENERAL LIABILITY CHANGES Named Insured Effective Date: 12:01 A.M., Standard Time Agent Name CLASS CODE INFORMATION AFFECTED BY THIS CHANGE IS ADDED, DELETED OR CHANGED AS INDICATED. THE FOLLOWING CLASS CODE INFORMATION IS: Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Products/Completed Operations Rate Premium Classification: THE FOLLOWING CLASS CODE INFORMATION IS: Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Products/Completed Operations Rate Premium Classification: THE FOLLOWING CLASS CODE INFORMATION IS: Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Products/Completed Operations Rate Premium Classification: THE FOLLOWING CLASS CODE INFORMATION IS: Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Products/Completed Operations Rate Premium Classification: DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Agent Copy 648132338 CITY OF FORT COLLINS POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 07 04 ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED --DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II --Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 482117 05-28-14 OLD TOWN INS INC 315 W.MAGNOLIA ST #7 FORT COLLINS, CO 80521 CITY OF FORT COLLINS 250 N MASON ST FORT COLLINS, CO 80524-4407 CUSTOMER NUMBER: RUN DATE: DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 648132338 CITY OF FORT COLLINS POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 07 04 ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED --DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II --Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Certificate Copy 482117 06-10-14 OLD TOWN INS INC 315 W.MAGNOLIA ST #7 FORT COLLINS, CO 80521 CITY OF FORT COLLINS 250 N MASON ST FORT COLLINS, CO 80524-4407 CUSTOMER NUMBER: RUN DATE: DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 Certificate Copy 648122238 11-19-2013 11-19-2014 OLD TOWN INS INC ANGELA NORMAN 1009 KNOBCONE PL LOVELAND CO 80538-1945 CERTIFICATE HOLDER CITY OF FORT COLLINS X $ 1,000,000 250 N MASON ST FORT COLLINS, CO 80524-4407 CI CW A02 10 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission CI CW A02 10 11 Allstate Insurance Company Page 1 of 1 CERTIFICATE OF INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regard- less of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holder: Named Insured: Automobile Liability Insurer Name: Allstate Insurance Company Policy Number: 1 --Any Auto 2 --Owned Autos Only 3 --Owned Priv. Pass. Autos Only 4 --Owned Autos Other Than Priv. Pass. Autos Only 5 --Owned Autos Subject to No Fault 6 --Owned Autos Subject to a Compulsory UM Law 7 --Specifically Described Autos 8 --Hired Autos Only 9 --Non-owned Autos Only Policy Effective Date: Policy Expiration Date: Limits Of Combined Single Limit (each accident) Insurance: BI Per Person BI Per Accident PD Per Accident Description of Operations/Locations/Vehicles/Endorsements/Special Provisions Interested Party Type: THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE H OLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Producer: Authorized Representative: Date: DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696 in all respects. IT IS AGREED THAT SHOULD THE INSURANCE PROTECTION EVIDENCED HEREIN TERMINATE, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL NOTICE OF SUCH TERMINATION WITHIN DAYS FOR THE FOLLOWING INTERESTED PARTIES: MORTGAGEE, LIEN HOLDER, ADDITIONAL INSURED AND ADDITIONAL INTERESTED PARTY. Authorized Representative Date DocuSign Envelope ID: 0C441CEF-5B7D-4CD7-A1FF-6971998E7696