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HomeMy WebLinkAboutBA-NOM-A-NOM LLC - CONTRACT - AGREEMENT MISC - VENDOR AGREEMENT CITY PICNIC 2019Page 1 of 5 Vendor Agreement Ba-Nom-a-Nom LLC (City Employee & Volunteer Picnic, 2019) This Vendor Agreement between The City of Fort Collins and Ba-Nom-a-Nom LLC, with an address of 4554 Beach Ct, Denver, CO 80211 (Vendor) is made effective as of August 5, 2019 and terminating upon time of final payment. This Agreement describes the duties, obligations and rights of the parties regarding the 2019 City Employee & Volunteer Picnic (“Event”) scheduled for August 15, 2019 at City Park. In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Service and Hours of Operation Vendor shall provide __ dinner-type meals or __ dessert-type servings (SELECT ONE) for the City’s employee and volunteer picnic on August 15, 2019, in quantities set forth in Section 4 herein. Vendor shall remain open and operating while the Event is open to employees and volunteers, generally, from 4:00 p.m. to 7:00 p.m., and is responsible for providing adequate electricity to power up Vendor’s own equipment. 2. Set Up and Tear Down Vendor shall set up for the Event no earlier than August 15 between 2:00 p.m. and 3:30 p.m. Tear down will be between 7:00 p.m. and 8:30 p.m. that day. No Vendor property shall remain on the Event grounds after 10:00 p.m. on the Event date. Vendor is responsible arriving early enough to be ready for operation at the start of the Event. 3. Cross-Promotion Vendor grants The City of Fort Collins permission to use and share Vendor’s logo in efforts to promote and document the Event. This is a zero-waste event. If Vendor chooses to use a product designed and/or intended for one-time use the product must be 100% compostable and made of paper without any waxing coatings (No PLA). If Vendor has questions about a product, Vendor shall contact the City of Fort Collins Environmental Planner prior to the Event. 4. Payment The City shall provide Vendor with space at the Event for $0.00, and attendees of the Event will obtain their own food items from Vendor with City-supplied tokens and/or paper tickets. The City will make an initial payment to the Vendor equal to the minimum payment amount of $1,441.50 for dinner-type food trucks or $1,462.50 for dessert-type food trucks, as applicable to Vendor. The City will reimburse the Vendor upon exchange of City-supplied tokens and/or paper tickets for the balance due up to the maximum allowed reimbursement as defined below. Such payment will be made within ten (10) business days after the Event. DocuSign Envelope ID: 66C60E3D-C9EE-4066-9764-3F2B07751A22 X Page 2 of 5 If Vendor is a dinner-type food truck, Vendor must be able to serve up to 229 meals. The City will guarantee a minimum payment of $1,441.50, or the equivalent of 186 meals at $7.75/meal, and shall thereafter pay for each meal served up to a maximum allowed serving of 229 meals at $7.75/portion. In the event Vendor serves the maximum serving of 229 meals and Vendor has meals remaining, each dinner-type food truck shall retain the ability to accept cash for meals from patrons. In no event will the City pay the Vendor more than the maximum number of servings of 229, or $1,774.75. If Vendor is a dessert-type food truck, Vendor must be able to serve up to 800 portions. The City will guarantee a minimum payment of $1,462.50, or the equivalent of 650 serving at $2.25/portion, and shall thereafter pay for each portion served up to a maximum allowed serving of 800 portions at $2.25/portion. In the event Vendor serves the maximum serving of 800 portions and Vendor has portions remaining, each dessert-type food truck shall retain the ability to accept cash for portions. In no event will the City pay the Vendor more than the maximum number of servings of 800 or $1,800.00. 5. Independent Contractor The services to be performed by Vendor are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Vendor’s compensation hereunder for payment of FICA, Workmen’s Compensation or other taxes or benefits or for any other purpose. 6. Compliance with Law Vendor shall be responsible for complying with all applicable laws, including but not limited to all sales tax and licensing obligations. 7. Liability Vendor agrees to indemnify and save harmless the City, its officers, agents, and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, resulting from or occurring in connection with the performance of any service hereunder. 8. Entire Agreement This Agreement, along with all exhibits and documents incorporated herein, shall constitute the entire agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 9. Choice of Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. DocuSign Envelope ID: 66C60E3D-C9EE-4066-9764-3F2B07751A22 Page 3 of 5 10. Insurance Without limiting any of Vendor’s obligations hereunder, Vendor shall provide and maintain insurance coverage and shall provide a certificate of insurance naming the City additional insured under this Agreement of the type and with the limits specified in Exhibit A. 11. Prohibition Against Employing Illegal Aliens Pursuant to Section 8-17.5-101, C.R.S., et. seq., Vendor represents and agrees that: a. As of the date of this Agreement: 1. Vendor does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Vendor 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. Vendor 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. Vendor 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 Vendor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Vendor shall: 1. Notify such subcontractor and the FORT COLLINS within three days that Vendor 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 Vendor 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. Vendor 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 Vendor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the FORT COLLINS may terminate this Agreement. If this Agreement is so terminated, Vendor shall be liable for actual and consequential damages to the FORT COLLINS arising out of Vendor’s violation of Subsection 8-17.5-102, C.R.S. g. The FORT COLLINS will notify the Office of the Secretary of State if Vendor violates this provision of this Agreement and the FORT COLLINS terminates the Agreement for such breach. By their signatures below, the parties agree to the terms and conditions of this Agreement. DocuSign Envelope ID: 66C60E3D-C9EE-4066-9764-3F2B07751A22 Page 4 of 5 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Purchasing Director Date:_____________________________ ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney BA-NOM-A-NOM LLC By:_______________________________ __________________________________ PRINT NAME _________________________________ TITLE Date:_____________________________ DocuSign Envelope ID: 66C60E3D-C9EE-4066-9764-3F2B07751A22 Owner/Agent of Ba-Nom-a-Nom LLC 8/12/2019 Sarah Ladley- Agent of Ba-Nom-a-Nom LLC 8/12/2019 Page 5 of 5 EXHIBIT A INSURANCE REQUIREMENTS 1. The Vendor 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 Vendor 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 Vendor, 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 Vendor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Vendor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Vendor shall maintain during the life of this Agreement for all of the Vendor'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 Vendor 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 Vendor 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: 66C60E3D-C9EE-4066-9764-3F2B07751A22 1001486 132849.12 03-16-2016 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ PROPERTY DAMAGE $ BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A X Pinnacol Assurance 41190 Pinnacol Assurance 7501 E. Lowry Blvd. Denver, CO 80230-7006 Ba-Nom-a-Nom LLC 5604 Kendall Ct Arvada, CO 80002 08/12/2019 4203710 01/01/2019 01/01/2020 100,000 100,000 500,000 2016950 City of Fort Collins 215 N Mason St Fort Collins, CO 80524-4402 jgroves@fcgov.com Pinnacol Assurance Unless otherwise stated in the policy provisions, coverage in Colorado only. dessert food truck for city picnic DocuSign Envelope ID: 66C60E3D-C9EE-4066-9764-3F2B07751A22 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT (CONT) CERTIFICATE HOLDER COPY City of Fort Collins 215 N Mason St Fort Collins, CO 80524-4402 DocuSign Envelope ID: 66C60E3D-C9EE-4066-9764-3F2B07751A22 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ $ OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 08/12/2019 Greg Gallegos State Farm 4550 S Reservoir Rd #D Aurora Co 80015 Greg Gallegos 720-242-6011 720-242-6499 Greg@insuredbygreg.com BA-NOM-A-NOM LLC 4554 Beach Ct Denver CO 80211 25143 A Y Y 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 A Y Y 96-C0-X572-2 09/19/2018 09/19/2020 1,000,000 Also Has scheduled autos Policy Number 435 9629-D04-06A Expiration 09-19-2020 $1 million single combined. City of Fort Collins is included as an Additional Insured with respect to General Liability and Auto Liability as required by written contract. City of Fort Collins PO BOX 580 Fort Collins, CO 80522 State Farm Fire and Casualty Company 96-C0-X572-2 09/19/2018 09/19/2020 DocuSign Envelope ID: 66C60E3D-C9EE-4066-9764-3F2B07751A22