HomeMy WebLinkAboutINFINITY THIRTY HUNDRED LLC DBA AUSTIN TACO - CONTRACT - RFP - 7632 OUTDOOR CONCESSIONAIRE - DOWNTOWN TRANSIT CENDowntown Transit Center Concession Agreement
TH IS AGREEMENT is made and entered into this day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and INFINITY
THIRTY HUNDRED, LLC DBA AUSTIN TACO, (Concessionaire), a Colorado Limited Liability
Company.
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).
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 incorporated herein by this
reference.
Section 2. Terms of the Agreement
A. This Agreement shall be effective from February 13, 2015 until June 1, 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. However, either party may terminate this Agreement without cause,
by 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 can not be used because of improvements
being made at the concession location, this Agreement may be suspended on
thirty (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 attached Exhibit "A", consisting of one (1) page 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
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operation of the concession including, but not necessarily limited to, a County Health
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. 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.
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 general and vehicle
liability insurance in the amount of $1,000,000 combined single limits 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 hereto and incorporated herein by this
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.
G. Signage: All signs on the concession cart or truck must be approved by the
City. Signs may be displayed in or on the cart or truck only unless additional signage is
approved by City staff.
H. Mobile Food Truck or Pushcart Specifications
1. Pushcart: The cart may not exceed the size of four (4) foot wide, ten (10) foot
long and eight (8) foot high, excluding overhangs and wheels.
2. 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 or pushcart must conform
to the specifications described in Concessionaire's application, attached as
Exhibit “C” - Downtown Transit Center Mobile Food Vendor Application,
consisting of ten (10) pages and incorporated herein by this reference, unless
otherwise agreed to in writing by the parties before the mobile food truck or
pushcart may be used at the concession area(s). 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 the
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.
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I. Restrictions: Equipment such as tables, chairs, benches and displays not attached
to the cart or truck may not be used except for items and equipment authorized, in writing,
by the City. Merchandise must be restricted to the mobile food truck or pushcart. Mobile
food truck or pushcart must be located on the approved location site and cannot impede
vehicular or pedestrian flow.
J. Cleanliness: Concessionaire shall keep the concession area clean of all trash
and debris within a one- hundred (100) foot radius of 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.
Concessionaire shall pay twenty ($20.00) Dollars per month cleaning fee for power
washing of the site granted. The Cleaning fee is subject to change during term of
Agreement based on power washing frequency required with at least thirty (30) days’
notice to the Concessionaire.
K. Power Source: Portable generators shall 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.
L. Hours: The Concessionaire shall keep the concession area open for business as
per attached Exhibit C. The Concessionaire shall request any adjustments to the ongoing
days and hours in writing to the City and are subject to approval by the Project Manager.
Concessionaire is not required to operate on days when Transfort is not operating
transit services out of the Downtown Transit Center.
M. 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.
N. 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.
O. Product: The products authorized are as described in the menu and price list
portion of Exhibit C 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 and pricing as those proposed in the
original application.
Smoking instruments, tobacco and tobacco products, gum, and alcohol will not be
sold.
P. Customer Service: Concessionaire is required to uphold high standards of
customer service by addressing customer complaints in a prompt and courteous manner.
Concessionaire will also provide contact information to 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
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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 areas
without the written consent of the City. Any assignment of this Agreement or subletting of
the concession area without the City’s prior written consent shall be deemed null and void
and of no effect and shall be considered in default under this Agreement.
B. A vacant vending space 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 the vacant space as acceptable applications are received. The city may, at
its option, renew the Agreement for the formerly vacant space 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.
F. The location assigned is not transferable to another vendor or Concessionaire.
G. 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.
H. This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs, successors, and assigns of the parties hereto.
I. 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.
J. 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:
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City: Copy to: Concessionaire:
City of Fort Collins City of Fort Collins Infinity Thirty Hundred, LLC
Purchasing Division Transfort DBA Austin Taco
P.O. Box 580 Attn: Timothy Wilder Attn: John De Los Santo
Fort Collins, CO 80522 P.O. Box 580 8491 Calumet Way
Fort Collins, CO 80522 Wellington, CO 80549
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 to in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid
and sent to the above addresses.
L. This Agreement shall be governed by and construed in accordance with the laws of
the State of Colorado. Venue for any judicial action to interpret or enforce this Agreement
shall only be in the District Court for Larimer County, Colorado. The City’s obligations
under this Agreement shall be subject to any and all applicable limitations under Colorado
and federal law and under the City’s Charter, Code and regulations, including, without
limitation, those in Article X, Section 20 of the Colorado Constitution and City Charter
Article V, Section 8, both of which provide that any multiple fiscal year debt or obligation of
the City shall be subject to annual appropriation.
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
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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
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 "D" - 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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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
INFINITY THIRTY HUNDRED, LLC
DBA AUSTIN TACO
By:_______________________________
__________________________________
PRINT NAME
__________________________________
TITLE
Date:_____________________________
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John De Los Santos
Owner/GM
2/18/2015
2/19/2015
Exhibit A
Map of Downtown Transit Center Mobile Vendor Parking Location
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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 $1,000,000 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.
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EXHIBIT C
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EXHIBIT D
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