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158752 WILCOX INC - CONTRACT - RFP - 7621 EVENT BEVERAGE CONCESSIONS - RECREATION CENT
Services Agreement 7621 Concession – Event Beverage Services Page 1 of 29 CONCESSION AGREEMENT This Concession Agreement, hereinafter called the "Agreement," is made and entered into as of June 16, 2014 by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter called "City," and, Wilcox Inc., hereinafter called "Concessionaire." ARTICLE 1 CONCESSION SPACE 1.1 Definition of Concession Space. For the purposes of this Agreement, the "Concession Space" shall mean the Senior Center, located at 1200 Raintree Drive, Fort Collins, CO 80526. More specifically, the designated Concession Area located in the Fort Collins Senior Center. 1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession Space(s) for the purpose of offering alcoholic and non-alcoholic beverages, and related services, primarily to patrons of private events hosted at the Senior Center. ARTICLE 2 CONCESSIONAIRE'S USE OF THE SENIOR CENTER AND 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 and the right to use in common with others the public areas of the Concession Space facilities in conjunction with its beverage operations (and for no other purpose) in such spaces and manner as may be prescribed by the City and as stated in EXHIBIT A- Scope of Services, consisting of one (1) page and incorporated herein. 2.2 Smoking. Smoking instruments and tobacco products of any kind shall not be sold or otherwise supplied by Concessionaire in the Concession Space. Smoking is not permitted in any areas within twenty (20) feet of facility entrances. Concessionaire shall comply with any other requirements of applicable Fort Collins City ordinances and Colorado state law regarding smoking and tobacco products. 2.3 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, tobacco products and gum, pursuant to section 2.2. 2.4 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 DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 2 of 29 Boards, Service Areas, Service Units, Divisions or Departments having jurisdiction over Recreation Facilities. ARTICLE 3 RIGHTS OF INGRESS AND EGRESS 3.1 In General. The Concessionaire shall have the right of ingress and egress to and from the Senior Center and the Concession Space for Concessionaire's employees and agents to the extent reasonably necessary in connection with the conduct of Concessionaire's business under this Agreement. Areas designated as restricted areas by the City shall be 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 Senior Center presently or hereafter used as such, so long as a reasonable and safe means of ingress and egress remains available to Concessionaire. ARTICLE 4 UNDERTAKINGS OF CONCESSIONAIRE 4.1 Service. Concessionaire agrees as follows: 4.1.1 The Concessionaire shall 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 beverage services in accordance with this Agreement. 4.1.2 Services provided by the Concessionaire shall include the maintenance of an adequate stock of beverage supplies, condiments, napkins, plates, cups, and any kitchen utensils necessary to serve the demand for such items at the Senior Center. The City encourages the use of disposable cups, plates, napkins and eating utensils that are either compostable or recyclable. 4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide the public high quality beverages and a high level of public service. Therefore, the Concessionaire agrees to offer for sale from the Concession Space only good quality beverages at fair and competitive pricing, relative to comparable restaurant/bar 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 sale in a public facility, then the pricing shall change or the items shall be removed or DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 3 of 29 replaced as required by the City. The City Representative shall meet and confer with Concessionaire regarding such matters. However, Concessionaire acknowledges that 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 shall submit to the City for review a more detailed list of all items to be sold in the Concession Space and proposed prices for all such items, as generally listed on EXHIBIT B- Senior Center Beverage Concession Price List, consisting of one (1) page and incorporated herein by reference. The Concessionaire shall submit to the City, in writing, all subsequent item and price changes. 4.2 Hours of Operation. The Concession Space and portable bar units must be fully staffed and operational during all scheduled events as required by the City Representative. The parties agree that the hours of operation will conform to the hours as specified by the City Representative. 4.3 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor of its agents and employees. If the City so requests, Concessionaire agrees to supply 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 and other representatives or agents of Concessionaire that will be working on behalf of Concessionaire in providing services to the City under this Agreement. The Concessionaire and the City acknowledge and agree that certain services provided by Concessionaire will require that employees and other representatives or agents of Concessionaire act in positions of trust which will entail the handling of and accounting for funds of the City and City property, or direct contact with youth and other members of the general public. Accordingly, Concessionaire agrees that all employees, and other representatives or agents of the Concessionaire in positions of trust, as described in Exhibit C, consisting of two (2) pages attached and incorporated herein by this reference, shall be screened using the background screening procedure described on Exhibit C, at Concessionaire’s expense, and that the DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 4 of 29 results of such background screening shall be provided to the City prior to any such persons’ participation in the provision of services hereunder. The Concessionaire shall require the completion and execution of the Disclosure/Request, Authorization, and Waiver form attached hereto as Exhibit D, consisting of one (1) page and incorporated herein by this reference. Concessionaire shall also provide to their employees a copy of the Summary of Rights under the Fair Credit Reporting Act attached hereto as Exhibit E, 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, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed 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 from the City 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 of the Concessionaire, the Concessionaire shall immediately take all lawful steps to remove or otherwise address to the City's reasonable satisfaction the cause of DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 5 of 29 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 objection by the City to which Concessionaire shall be expected to 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 City money or property; C. Harassment of, or discrimination against, any individual based on race, religion, national origin, age, sex, sexual orientation or disability; D. Falsification, unauthorized use or destruction of City records, reports or other data or information belonging to the City; E. Abusive or threatening treatment of any person, including, but not limited to 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 City property; H. Unauthorized use of City equipment or property for personal use; or I. Possessing or maintaining sexually explicit materials on City property. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 6 of 29 4.4 Statements, Recordkeeping 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 Senior Center 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 the offices of the City, at the City's election, 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 Senior Center. 4.6 Taxes. Concessionaire agrees to 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 at the Senior Center, 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 at the Senior Center. 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 at the Senior Center. Nothing herein shall prevent Concessionaire from protesting, through due process, any taxes levied. 4.7 Licenses. Concessionaire agrees to obtain and pay for all licenses necessary in connection with its operation, including but not limited to a liquor license and a City business license and/or occupation license. Failure to qualify for a required license or DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 7 of 29 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 permit Concessionaire's use of vending machines at the Senior Center 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. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 8 of 29 d. If Concessionaire obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Concessionaire shall: 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. 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 for an additional one (1) year period, not to exceed four (4) additional one (1) 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. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 9 of 29 6.2 Holding 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 FEE FOR CONDUCTING BUSINESS 7.1 Concession Fee. For the privilege of conducting the concession operations hereunder, and the exclusive use of the Concession Space, the Concessionaire shall pay to the City Five- Hundred Dollars ($500.00) as a yearly Concession Fee. 7.1.1 During the term of the Agreement, Concessionaire shall provide busing and janitorial services described in Section 8.3, at the Concession Space/Area. 7.2 Time of Payment. The Concessionaire shall pay the Concession Fee monthly no later than fifteen (15) days after the first day of the next month. 7.3 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due amounts at the rate of eighteen percent (18%) per annum from the due date, until paid. 7.4 Method of Payment. Payment for all fees under Article 7 shall be by check or money order payable to the order of City of Fort Collins- Recreation Department and shall be mailed or personally delivered to the City Representative. ARTICLE 8 UTILITIES, MAINTENANCE AND JANITORIAL DUTIES 8.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash collection, recycling, basic facility security system, natural gas and electric services to the Concession Space. 8.2 Maintenance and Repair. The City shall maintain and repair the Concession Space and City equipment and fixtures (defined in Article 9). Concessionaire shall submit all requests for repairs or maintenance to the City Representative. Notwithstanding anything to the contrary contained herein, the City shall 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 City 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. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 10 of 29 8.2.1 The Concessionaire shall neither hold nor attempt to hold the City 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 after each event. 8.3.2 Concessionaire is responsible for the ongoing cleanliness of the event area(s) 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, City Equipment and Fixtures. In addition to the Concession Space, the City shall provide the following: 9.1.1 One (1) portable bar unit; 9.1.2 Lighting fixtures for general area illumination; and 9.1.3 Heat and air conditioning. 9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall acknowledge that it accepts the Concession Space as well as any City equipment and fixtures "as is." 9.3 Installation of Equipment and Trade Fixtures. Except for the items listed in Article 9, no equipment, trade fixtures, signs or other personal property used by the Concessionaire in its business, whether or not attached to the concession area or any improvements thereon, shall be installed without the prior written approval of the City. 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 DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 11 of 29 thereafter, to remove all trade fixtures, equipment and other personal property subject to any valid lien the City may have thereon for unpaid rents or installation of equipment in lieu of Concession Fee 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. 9.5 Title to Improvements. Upon installation or erection of improvements in or on the Concession Space, 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 (“Improvements”). 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 DAMAGE BY CONCESSIONAIRE 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, including the Concession Space/Area, or to City'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 untenantable. ARTICLE 11 TOTAL OR PARTIAL DESTRUCTION 11.1 Concession Space or Other Major Component Rendered Untenantable. In case, during the term of this Agreement, the Concession Space, Senior Center or any principal part of any one of them shall be destroyed or shall be so damaged by fire, flood or other casualty so as to be rendered untenantable or unusable as determined by the City: DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 12 of 29 11.1.1 Then, in such event, at the option of the City or Concessionaire, the term hereby created shall cease; and 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 City; 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 untenantability or unusability. 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 Untenantable. In the event of destruction rendering only the Concession Space untenantable, 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 Fee shall be abated proportionately. 11.3 Components Tenantable. If the Senior Center or Concession Space shall be only injured by fire or the elements to such extent so as not to render the same untenantable 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 request being made by the City. 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 Senior Center, however the necessity may occur. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 13 of 29 ARTICLE 12 INDEMNIFICATION AND INSURANCE 12.1 City's Liability. The City shall not 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 the Senior Center by Concessionaire, its agents, employees or contractors unless caused by the negligence or willful misconduct of the City, its employees, agents or contractors. 12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City harmless from all claims, demands, judgments, costs and expenses, and legal fees including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely, fraudulently 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 City's personnel and City'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 the City as an additional insured and shall include $990,000 of Liquor Liability under this Agreement as specified in Exhibit F, consisting of one (1) page, and incorporated herein by this reference. 12.5 Precautions Against Injury. 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 DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 14 of 29 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 The 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 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 City. Any such assignment or transfer without the City’s prior written consent shall be deemed null and void and of no effect. ARTICLE 15 RIGHT OF CITY TO ENTER, INSPECT AND MAKE REPAIRS 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: and 15.1.3 To make structural additions and alterations. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 15 of 29 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 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 City to make such repairs. 15.3 Obstruction by Concessionaire. In the event that any personal property of Concessionaire shall obstruct the access of 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 shall interfere 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 shall fail to so move such property after direction from the City or said utility company to do so, 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 the City, consequential or otherwise, except claims for damages to person or property caused solely by the negligence of the City. 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 City of such nonpayment. 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 DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 16 of 29 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 a period of seven (7) days by Concessionaire of the conduct of its services and operations at the Recreation Facilities. 16.1.7 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 from the City by this Agreement, including the good will, satisfaction, health and safety of the general public. 16.2 City's 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 DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 17 of 29 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 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 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. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 18 of 29 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 around the Concession Space at the Senior Center. 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. 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. 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 DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 19 of 29 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 his or 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 Senior Center and surrender entire possession of its rights to the City and its improvements in accordance with Section 10 above, unless this Agreement is renewed or replaced. 17.14 City Representative. The City designates the City’s Recreation Manager as its representative who shall make, within the scope of his/her authority, all necessary and proper decisions with reference to this Agreement. All requests for contract interpretations, amendments and other clarifications or instructions shall be directed to the City Representative. 17.15 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: City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: Recreation Mgr. PO Box 580 Fort Collins, CO 80522 Concessionaire: Wilcox Inc. Attn: Kevin Wilcox 2207 Smallwood Drive Fort Collins, CO 80528 17.16 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. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 20 of 29 17.17 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. 17.18 Force Majeure. 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, acts of public enemies, acts of superior governmental authority, weather conditions, rights, rebellion, sabotage or any other circumstances that are not within its control. 17.19 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. 17.20 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. 17.21 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. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 21 of 29 IN WITNESS WHEREOF, the parties here to have executed this Agreement on the day and year written above. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: ____________________________________ Gerry S. Paul Director of Purchasing and Risk Management Date: _____________________________ ATTEST: ________________________ City Clerk APPROVED AS TO FORM: ________________________ Assistant City Attorney Concessionaire: WILCOX INC. By:________________________________ Print Name: _________________________ Title: _______________________________ Date: ________________________ DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Kevin Wilcox 2/6/2015 President- Wilcox-Inc. 2/26/2015 Services Agreement 7621 Concession – Event Beverage Services Page 22 of 29 EXHIBIT A Scope of Services 1. Sale of Non-alcoholic and Alcoholic Beverages The Concessionaire will be responsible for providing staff, alcoholic and non-alcoholic beverages, mixes and any other supplies and equipment necessary for the concession operation at the Senior Center. The City retains the right to serve, independent of the Concessionaire, non- alcoholic beverages at its discretion. The sale or dispensing of alcoholic beverages shall be made only in connection with events scheduled at the Senior Center and only to patrons invited to and participating in such events. Therefore, there shall be no service of alcoholic beverages to the general public at any time unless first approved in writing by the City’s Recreation Manager. At all scheduled conventions, meetings and conferences, the Concessionaire shall be limited to serving beverages during the times specifically designated by the sponsor of the event. Donations of liquor for fund raising events are permitted only with written permission by the City’s Recreation Manager or designee at the facility. The Concessionaire agrees to coordinate with the City’s Recreation Manager, or designee, for all necessary legal obligations associated with the events. 2. Equipment and Storage The Concessionaire will be responsible for providing all supplies, inventory and miscellaneous equipment required to operate the concession. In addition, glassware rental must be available from the Concessionaire upon request. The City will provide secure storage areas for limited inventory and equipment at the Senior Center. 3. Dress Code All Staff will be required to wear identical uniforms, as specified per event, and name tags at all times while on the premises, as approved by the City’s Rental Coordinator. 4. Price Lists The Concessionaire will be required to provide price lists to customers, in a format approved by the City’s Rental Coordinator. The price list is not intended as a guide for the Concessionaire, but as a provisional price list for the convenience of concession customers. If gratuity is to be automatically charged to customers for a hosted event, a “tip jar”, or other apparatus to elicit gratuity, is not allowed. 5. Reporting Sales The Concessionaire will maintain event sales records; itemized by type of beverage and cost, in an electronic format. The Concessionaire will provide the records to the City’s Rental Coordinator at the Senior Center on a monthly basis. The Concessionaire will provide the City’s Rental Coordinator an annual sales report, due by January 31st for the previous year of the Agreement, itemizing sales by individual event. 6. Private Events The City’s Rental Coordinator at the Senior Center will collect service requests from customers reserving space for private events and will submit the requests to the Concessionaire. The Concessionaire will prepare the customer contracts based on information gathered from the City’s Rental Coordinator. 7. Advertising Any advertising done by the Concessionaire at the Senior Center requires the written permission of the City’s Recreation Manager. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 23 of 29 EXHIBIT B SENIOR CENTER BEVERAGE CONCESSION PRICE LIST Cash Bar Domestic beer by the bottle $3.00 Micro Brew/Import beer by the bottle $3.50 Wine by the glass $4.00 Well/Mixed drink $4.00/$5.00 Shots $4.00/$5.00 Soda/Water/Juice $1.00 Hosted Bar Beer by the Keg (16 gal. = 170 – 12 oz glasses) Domestic Micro-brew: ¼ barrel/8 gallon…….$145.00 ¼ barrel/8 gallon…….$165.00 ½ barrel/16 gallon…...$275.00 ½ barrel/16 gallon…...$295.00 Wine House Wine is Sutterhome (Chardonnay, White Zinfandel, Merlot, Cabernet) By the bottle…..$32.00/1.5 ltr. @ 10-12 5 oz glasses Special requests……Negotiable Box Wine……………$75.00/5.0 ltr. @ 30-35 oz glasses Champagne (Bottle @ 5-6 glasses) Economy (low)……$13.00 House (mid)……….$18.00 Premium (high)…...$20-$40 Champagne and Non-Alcoholic Punch Champagne Punch By the Gallon….$20.00 Non-Alcoholic Fruit Punch By the Gallon….$12.00 An 18% gratuity will be applied to all special orders and hosted bars. Hosts are responsible for the actions of their guests during the function. Prices are subject to change without notice with written authorization from the Senior Center. No liquor, sparkling cider, or soda may be brought into the Senior Center by the client, the host, their guests, or the caterer. Any outside alcohol and/or non- alcohol beverages will be removed. Concessionaire will determine the number of bartenders required at each event. Plasticware is used unless glassware is rented. Legal age to consume alcohol is 21. Bartenders are required to request a picture ID, and retain the right to refuse service to anyone for any reason. State Liquor Laws state that no liquor (whole or part) may leave the event premises, with the exception of wine bought by the bottle, corked and with a receipt from the bartender. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 24 of 29 EXHIBIT C 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 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 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, DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 25 of 29 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).” 2. 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 City Representative. In order to expedite the processing time, the Contractor may also FAX a copy or bring the original copy of the form to the City Representative. Once the information from the form is entered into the system, 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 from the time that the information is entered. 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. DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 26 of 29 EXHIBIT D 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: Date of Birth: Applicant’ Address: City/State/Zip: Driver’s License #: Social Security #: 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-state address(es) in the past seven (7) years. 1. Address City County State Zip 2. Address City County State Zip Please list any additional addresses on the back of this page. Contractor’s Initials: Date: City Staff Initials: Date: DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 27 of 29 EXHIBIT E DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 28 of 29 DocuSign Envelope ID: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 Services Agreement 7621 Concession – Event Beverage Services Page 29 of 29 EXHIBIT F 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, automobile liability and liquor 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 $990,000 combined single limits for bodily injury and property damage. C. $990,000 Liquor Liability. 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: DBD042CF-CB7141AD-45C3-6613-4E90-4007-AF4C-B243-42D969C6B1C2 3476281475D5 CERTIFICATE HOLDER ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) CERTIFICATE HOLDER ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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 endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201005).01 1/2/2015 Wave Financial Partners 3025 S Parker Rd Ste 110 Aurora CO 80014 Lisa Chaumont (303)740-9283 (866)472-1404 lisa@mywaveagent.com Wilcox, Inc. DBA Bottom's Up Bar Service 2207 Smallwood Drive Fort Collins CO 80528 Scottsdale Insurance Company CL151201286 A X X X X CPS2127182 12/26/2014 12/26/2015 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A Liquor Liability X CPS2127182 12/26/2014 12/26/2015 Occurrence Limit 1,000,000 Aggregate Limit 2,000,000 Certificate holder is included as Additional Insured with respect to General Liability and Liquor Liability per the insureds operation only, per policy terms, conditions, and exclusions. Chaumont, Lisa City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: CB7141AD-45C3-4007-AF4C-3476281475D5 PROPERTY DAMAGE $ $ $ $ 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 ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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 endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201005).01 1/2/2015 Wave Financial Partners 3025 S Parker Rd Ste 110 Aurora CO 80014 Lisa Chaumont (303)740-9283 (866)472-1404 lisa@mywaveagent.com Wilcox, Inc. DBA Bottom's Up Bar Service 2207 Smallwood Drive Fort Collins CO 80528 Scottsdale Insurance Company CL151201286 A X X X X CPS2127182 12/26/2014 12/26/2015 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A Liquor Liability CPS2127182 12/26/2014 12/26/2015 Occurrence Limit 1,000,000 Aggregate Limit 2,000,000 Certificate holder is included as Additional Insured with respect to General Liability per the insureds operation only, per policy terms, conditions, and exclusions. Chaumont, Lisa City of Fort Collins Fort Collins, CO DocuSign Envelope ID: CB7141AD-45C3-4007-AF4C-3476281475D5