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HomeMy WebLinkAboutSAPPHIRE EVENTS LLC - CONTRACT - RFP - 8297 CONCESSIONS EVENT BEVERAGE SERVICESConcession Agreement 8297 Concessions: Event Beverage Services Page 1 of 15 CONCESSION AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City," and Sapphire Events LLC, a Colorado Limited Liability Company, hereinafter referred to as "Concessionaire." WITNESSETH: 1. Premises covered by Concession Agreement The premises covered by this Agreement shall be the City of Fort Collins Lincoln Center, located at 417 West Magnolia, Fort Collins, Colorado and the Fort Collins Museum of Discovery (FCMoD), located at 408 Mason Ct., Fort Collins, Colorado 80524. 2. Term The initial term of this Agreement shall begin upon contract signing and end July 31, 2017 unless terminated sooner as herein provided. At the sole discretion of the City, this Agreement may be extended for additional one-year terms, up to four (4) additional one- year terms. Written notice of renewal will be provided to the Concessionaire and sent no later than thirty (30) days prior to contract end. 3. Services The Concessionaire will operate an alcoholic and non-alcoholic beverage concession at the Lincoln Center and FCMoD, using a Liquor License (Tavern License or a Hotel and Restaurant License) secured for each concession location by the Concessionaire and in the Concessionaire's name. A. The Concessionaire agrees to provide services in accordance with the Scope of Services as per Exhibit "A", consisting of four (4) pages. B. The Event Coordinators will collect client service requests for private events at the Lincoln Center and FCMoD and relay the information to Concessionaire. The Concessionaire will prepare the contracts based on information from both the Event Coordinator and the client. clients shall pay the Concessionaire according to the agreement between the two parties. 4. Licenses, permits, and taxes The Concessionaire shall obtain and pay for all licenses, permits and taxes, required by law or necessary for the operation of the concession at the Lincoln Center and FCMoD; including, but not limited to, a Liquor License, Liquor Occupation Tax, Sales/Use Tax License, etc. Any such licenses or permits held by the Concessionaire in connection with the applicable concession are to be surrendered by the Concessionaire at the time of termination of the Agreement and the Concessionaire expressly agrees to surrender all of such licenses or permits and not oppose any new license or permit applications by such person as the City may select. The Concessionaire shall collect and remit sales taxes on all taxable sales in the manner prescribed by law. 5. Contingency In the event the Concessionaire is not able to obtain all licenses and permits required to operate the concession at the Lincoln Center and/or FCMoD, this Agreement shall become null and void as it is related to the Lincoln Center and/or FCMoD and both parties shall be released from further obligations under this Agreement. DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 2 of 15 6. Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Concessionaire must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Notifications All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Concessionaire: City: City: Copy to: Sapphire Events City of Fort Collins City of Fort Collins City of Fort Collins Attn: Connie Matsuda Attn: Jack Rogers Attn: Cheryl Donaldson Attn: Purchasing 1050 E County Rd 76 PO Box 580 PO Box 580 PO Box 580 Wellington, CO 80549 Fort Collins, CO 80522 Fort Collins, CO 80522 Fort Collins, CO 80522 8. Pricing All prices charged for beverages provided by the Concessionaire shall be approved by the City’s Representative(s) as per Concessionaire’s proposal. 9. Equipment and Storage The Concessionaire shall be responsible for providing all supplies, inventory and miscellaneous equipment required to operate the concessions. The City will provide equipment at the Facilities per the attached list, Exhibit "B", consisting of three (3) pages and incorporated herein by this reference. In addition, glassware rental must be available from Concessionaire upon request of City Facility users. The City will provide secure storage areas for limited inventory and equipment at the Lincoln Center and a refrigerator to store a limited amount of inventory at FCMoD. The City will not be liable for the loss of contents stored in City Facilities. 10. Maintenance The Concessionaire shall be required to provide all cleanup and maintenance connected with the sale or dispensing of alcoholic and non-alcoholic beverages at the Facilities. Clean up includes removal of all drink containers including bottles and cups, and proper disposal into recycling or composting bins in the designated garbage collection area. The City shall pay all utility and trash removal costs in connection with the concession. 11. Sale of Alcoholic Beverages The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the Lincoln Center and/or FCMoD. No alcohol shall be dispensed or consumed in other areas not described herein. Alcohol shall be served only in connection with programs presented primarily for adult audiences. No alcohol shall be available for programs presented primarily for minor audiences. No advertising of alcoholic beverages will be displayed at the Facilities at any time. At all scheduled conventions, meetings and conferences, the Concessionaire shall be limited to serving alcoholic beverages during the times specifically designated by the sponsor of the event. DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 3 of 15 12. Regulations and Administration The Concessionaire must conduct all concession operations in accordance with all applicable ordinances, laws, statutes, rules and regulations of any authority having lawful jurisdiction over the premises. This Agreement shall be administered by City Representatives; the Performing Arts Center Manager at the Lincoln Center and the Museum Directors at FCMoD. 13. Independent Contractor/Indemnification The Concessionaire is an independent contractor and not an employee of the City of Fort Collins. The City shall not be responsible for any liabilities of the Concessionaire arising out of the concessions herein granted. The Concessionaire hereby agrees to indemnify, save and hold harmless the City and its officers, employees, agents and representatives from any and all liability or loss that may be incurred or claimed by any person as a result of injury to person or property, arising directly or indirectly out of the operation of the concession, including, without limitation, any debts incurred by the Concessionaire and any liability arising out of the Colorado Dram Shop Act, Section 13-21-103, C.R.S. 14. Insurance Requirements Before commencing work under this Agreement, the Concessionaire 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, result from or occurring in connection with the performance of any service hereunder. The Concessionaire shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “C”, consisting of one (1) page, attached hereto and incorporated herein by this reference. 15. Assignment The Concessionaire shall neither assign any of the rights nor delegate any of the duties imposed upon it under the provisions of this Agreement without having first obtained the written permission of the City. 16. Default In the event the Concessionaire defaults in any performance required by this Agreement, and if such default is not corrected within five (5) days after written notice setting forth the same is delivered to the Concessionaire, then, at the option of the City, the Agreement may be terminated and, upon such termination, all rights the Concessionaire has in the concessions shall immediately cease and terminate. 17. Appropriation To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 4 of 15 18. Rental and Reporting The Concessionaire shall pay, monthly, as rental to the City for concession operations at the Lincoln Center, a percentage of the gross sales net of taxes and Alcohol Product Handling Fees. This percentage is based on the gross sales for the month and shall be applied as follows: Gross Monthly Sales Monthly Rent Under $12,000.00 12% $12,001-$15,000.00 13% $15,001-25,000.00 14% Over $25,000.00 15% For the purposes of this arrangement, gross monthly sales are defined as total concession revenue excluding taxes and Donated Alcohol Product Handling Fees. Additionally, the Concessionaire shall pay annually, as rental to the City, zero percent (0%) of the first $40,000.00 in annual gross sales at the FCMoD. The Concessionaire shall pay, as rental to the City for concession operations at the FCMoD ten percent (10%) of annual gross sales over $40,000.00 (net of taxes). The Concessionaire will maintain daily sales records, itemized by type of beverage and payment, in an electronic format. The Concessionaire will give the Performing Arts Center Manager at the Lincoln Center a written report every thirty (30) days, detailing events sales. The Concessionaire will give the Performing Arts Center Manager an annual sales report, by January 31st of each year of the Agreement, detailing sales by private events and by area for the Lincoln Center (First Level Main Lobby, Magnolia Theater Lobby, and Second Level Lobby). The Concessionaire will give the Museum Directors at the FCMoD quarterly sales reports, detailing sales by private events at the FCMoD. Failure to pay charges or provide reports may result in termination of the Concession Agreement. 19. Saving Clause If any term or provision of this Agreement is or becomes invalid or unenforceable by reason of a conflict with any applicable laws, statutes, ordinances, rules or regulations, such invalidity or unenforceability shall not affect or impair any other terms or provisions of this Agreement. 20. Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 5 of 15 amended, administered by the United States Department of Homeland Security (the “Basic Pilot Program”) in order to confirm the employment eligibility of all newly hired employees. B. Contractor 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. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor 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 Contractor 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. F. Contractor 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. G. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor’s violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", Confidentiality, consisting of one (1) page, attached and incorporated herein by this reference. DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 6 of 15 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day and year first above written. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SAPPHIRE EVENTS LLC By: Printed: Title: Date: DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 8/31/2016 Owner,Managing Member Connie Matsuda 9/7/2016 Concession Agreement 8297 Concessions: Event Beverage Services Page 7 of 15 EXHIBIT A SCOPE OF SERVICES A. Introduction The Concessionaire shall operate an alcoholic and non-alcoholic event beverage concession at the Lincoln Center and The Fort Collins Museum of Discovery (FCMoD), collectively “Facilities”, using a Tavern License or a Hotel and Restaurant License, which is to be secured by the Concessionaire, in the Concessionaire's name. The estimated annual gross revenue for concession operations at the Lincoln Center is $209,000 and $12,300 at the FCMoD. B. Concessionaire Requirements 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 for all contracted functions at the FCMoD and the following areas at the Lincoln Center: three (3) fixed areas (First Level Main Lobby, Magnolia Theatre Lobby, and Second Level Lobby), and two (2) portable bar units. Concessionaire must be able to properly staff all areas and bar units simultaneously, as required by the City Representative and/or Event Coordinator. Concessionaire Requirements include: 1. Sale of Alcoholic Beverages The sale or dispensing of alcoholic beverages will be made only in connection with events scheduled at the Facilities to patrons of or participants in such events unless approved in writing by the City. There shall be no service of alcoholic beverages to the general public at any time other than during a scheduled event. No alcohol shall be dispensed or consumed in the theatres or in the backstage areas at the Lincoln Center without permission of the Performing Arts Center Manager. The Lincoln Center plans to allow alcoholic and non- alcoholic beverages into the theatres for select performances. In connection with performing arts presentations at the Lincoln Center, beverage service shall be available for at least one hour before an event and during intermissions or at other times as requested by the Performing Arts Center Manager. No alcohol shall be dispensed or consumed in the FCMoD exhibition galleries, the Digital Dome or back of house areas without permission of the Executive Directors. Alcohol shall be served only in connection with programs presented primarily for adult audiences. No alcohol shall be available for programs presented primarily for minor audiences. 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. Public shows at the Lincoln Center scheduled in either the Performance Hall or Magnolia Theater that have pre-sold tickets of 30 attendees or less, will not be staffed for beverage service. If the client and Concessionaire agree, the bar may be operated and the Concessionaire will arrange for the client to pay a $50.00 per hour fee to cover labor and operating expenses. The per hour minimum will only apply to actual service time. If the bar makes at least $50.00 per hour in gross sales, then there will be no billed invoice to the client. If the bar makes less than $50.00 per hour in gross sales, then the Concessionaire will bill the difference to cover labor and operating expenses. Donations of liquor for fund DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 8 of 15 raising events are permitted at the Lincoln Center only with written permission from the Lincoln Center Performing Arts Center Manager. The Concessionaire will check with The Lincoln Center Box Office 24 hours before show start time. If pre-sold ticket sales are below 30, then the Concessionaire will contact the client to confirm if they would like to have the bar operated. The Lincoln Center will allow non-profit presenters whose 501(c)3 shows a Fort Collins address to provide donated liquor in the lobbies in conjunction with their events/performances in the Performance Hall or the Magnolia Theater. The Lincoln Center will not allow any client that is only renting a conference room space to use donated liquor for special events or receptions. Concessionaire agrees to coordinate with the City for all necessary legal obligations associated with the events at the Lincoln Center. The Concessionaire will charge a $50.00 per hour Product Handling Fee for any events with donated alcohol. If the bar makes at least $50.00 per hour in gross sales, then there will be no billed invoice. If the bar makes less than $50.00 per hour in gross sales, then the Concessionaire will bill the client directly for the difference. Additionally, if any portion of the event utilizing donated alcohol takes place in the Canyon West Ballroom then the Concessionaire will charge a $150.00 Product Handling Fee to the client. Product Handling Fees will be reported as part of the monthly sales reports, but will be deducted from the gross figure used to determine rent. (i.e. Gross Sales net of taxes and Donated Alcohol Product Handling Fees). Public shows at the FCMoD will not have minimum sales requirements and will be staffed by the Concessionaire regardless. It will be the responsibility of the FCMoD scheduling coordinator to inform the Concessionaire of upcoming shows at least two weeks prior to event. If an event is scheduled after the two weeks’ notice has passed, the scheduling coordinator will inform the Concessionaire of the booking request and bar service time. If the Concessionaire is contacted for an event scheduled for the same day as the service request, bar service will not be guaranteed. Donated liquor is only permitted at FCMoD for use by FCMoD in connection with two (2) annual events at the FCMoD and will be coordinated and agreed upon by the parties in advance. Donated liquor is not allowed for any other event at FCMoD. 2. Private Events The Lincoln Center Event Coordinator will coordinate the service requests for private events between the clients and the Concessionaire. The Concessionaire will prepare the contracts based on information from both the client and the Event Coordinator. Private events at The Lincoln Center; including events in the Canyon West Ballroom, Columbine Ballroom, Founder’s Room, Balcony Lobby Bar (Rooftop), Main Bar, Magnolia Bar and Outside Terrace (Magnolia Street) will have a minimum of $150 per hour fee to operate a cash, hosted or combination bar. The per hour minimum will only apply to actual service time, and will be capped at four hours ($600.00). The Concessionaire will bill the difference that the bar makes in cash/credit card sales from the $150 per hour fee. If the bar makes $150 or more per hour in gross sales, then there would be no fee billed to the client. Lincoln Center produced events such as Art Gallery Opening receptions, Art in Public Places receptions, Subscriber Appreciation events, and the Local Link will be charged at $50.00 per hour, less the difference in cash/credit card sales. The per hour minimum will only apply to actual service time. If the bar makes $50.00 or more per hour in gross sales, then there would be no fee billed. DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 9 of 15 Private Events at the FCMoD will not have any minimum sales requirements. The FCMoD Event Coordinator will review client requests to rent space for private events at the FCMoD and approved client requests will be communicated to the Concessionaire by the FCMoD Event Coordinator and arranged between the clients and the Concessionaire. 3. Liquor License (Tavern License or Hotel and Restaurant License) It will be the responsibility of the Concessionaire to secure and complete all documents that are required for the Liquor License applications and it will be the responsibility of the Concessionaire to achieve approval of the license through the Liquor Licensing Authority of the City. The Liquor License must be secured and in effect before the service start date. The licensed premises shall include the entire Lincoln Center including the parking lot, all grounds, and terrace. The licensed premises at FCMoD shall include the entire FCMoD indoor facility and all adjacent grounds, including the Big Back Yard and the rooftop deck. Concessionaire MUST have submitted complete application for Liquor License to the City Clerk's office within one (1) week after the execution date of the Agreement. All costs of securing and maintaining a Liquor License will be borne by the Concessionaire. Typical costs include the following: investigation fee, City annual license fee, State annual license fee, extended hours permit fee (City and State) and City Occupational License Tax. Liquor licensing questions should be directed to: Aimee Jensen, Deputy City Clerk, (970) 221-6315. Concessionaire must comply with all applicable laws, rules and regulations governing their activities and obtain all applicable licenses or permits. 4. Dress Code All Concessionaire staff shall be required to wear identical uniforms and display name tags at all times while on the premises, as approved by the City. 5. Advertising Any advertising by the Concessionaire at the Facilities requires the written permission of the City. 6. Hours The concession areas and portable bar units must be fully staffed and operational during all scheduled events as required by the Performing Arts Center Manager at the Lincoln Center and the Executive Directors at the FCMoD. 7. Price Lists The Concessionaire shall be required to provide ample price lists to be distributed to Facilities patrons, in a format as approved by the City. The price list is not intended as a guide for the Concessionaire’s list, only as a temporary price list for the convenience of patrons. 8. Equipment and Storage In addition to the Concession Spaces, the City shall provide the following:  Equipment per attached Exhibit “B”.  Lighting fixtures for general area illumination.  Heat and air conditioning. DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 10 of 15  Secure storage areas for limited inventory and equipment. The Concessionaire shall provide and pay for the following:  All telephones, cash registers, POS Systems, credit card machines and expanded security systems.  All supplies, inventory and miscellaneous equipment required to operate the concession areas.  Glassware rental must be available from Concessionaire upon request of City Facility users. 9. Utilities, Maintenance and Janitorial Duties 9.1 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 areas. 9.2 Maintenance and Repair. The City shall maintain and repair the Facilities and City equipment and fixtures. Concessionaire shall submit all requests for repairs or maintenance to the City Representative. 9.3 Cleaning and Janitorial. The Concessionaire shall keep the concession areas and 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. 9.4 Trash. The Concessionaire is responsible for the ongoing cleanliness of the concession areas in order to provide a clean and orderly appearance for patrons, including but not limited to, removal of all drink containers including bottles and cups, and proper disposal into recycling or composting bins in the designated garbage collection area, and removing trash accumulations to designated trash containers. 10. Miscellaneous The City retains the right to serve, independent of the Concessionaire, non-alcoholic beverages (i.e. punch, coffee, cider & soft drinks) at some City functions. The Concessionaire will be required to work in cooperation with catering services and vending machine services. The City encourages the Concessionaire to use disposable cups, stirrers, napkins and other drinkware that are either compostable or recyclable. DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 11 of 15 EXHIBIT B EQUIPMENT INVENTORY The following Equipment will be supplied by the City. A. Lincoln Center ITEM 1: WASTE CABINET, WET/DRY Quantity: One (1) ITEM 2: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) ITEM 3: UNDERBAR HAND SINK UNIT Quantity: One (1) ITEM 4: UNDERBAR BOTTLE DISPLAY UNIT Quantity: One (1) ITEM 5: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) ITEM 6: UNDERBAR ICE BIN/COCKTAIL STATION Quantity: One (1) ITEM 7: UNDERBAR SINK UNITS Quantity: One (1) ITEM 8: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) ITEM 9: UNDERBAR SINK UNITS Quantity: One (1) ITEM 10: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: One (1) ITEM 11: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: One (1) 7. (L) Door hinged left. ITEM 12: ICE DISPLAY, BAR Quantity: One (1) ITEM 13: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: Two (2) ITEM 14: ICE DISPLAY, BAR Quantity: Two (2) ITEM 15: WASTE CABINET, WET/DRY Quantity: One (1) DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 12 of 15 ITEM 16: UNDERBAR HAND SINK UNIT Quantity: One (1) ITEM 17: SODA GUN HOLDER & TUBING CHASE Quantity: Two (2) ITEM 18: UNDERBAR ICE BIN/COCKTAIL STATION Quantity: Two (2) ITEM 19: UNDERBAR CORNER/ANGLE FILLER Quantity: Two (2) . ITEM 20: UNDERBAR SINK UNITS Quantity: One (1) ITEM 21: BACKBAR STORAGE CABINET, REFRIGERATED Quantity: One (1) ITEM 23: ICE DISPLAY, BAR Quantity: Two (2) . ITEM 24: UNDERBAR DRAIN/WORKBOARD UNIT Quantity: One (1) ITEM 25: UNDERBAR ICE BIN/COCKTAIL STATION Quantity: Two (2) ITEM 26: UNDERBAR BOTTLE DISPLAY UNIT Quantity: One (1) ITEM 27: UNDERBAR SINK UNITS Quantity: One (1) ITEM 28: UNDERBAR SINK UNITS Quantity: One (1) ITEM 29: WASTE CABINET, WET/DRY Quantity: One (1) ITEM 30: UNDERBAR HAND SINK UNIT Quantity: One (1) ITEM 31: PORTABLE BAR UNITS Quantity: Two (2) ITEM 32: PORTABLE HAND SINK Quantity: One (1) ITEM 33: LARGE STORAGE REFRIGERATORS Quantity: Two (2) DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 13 of 15 B. Fort Collins Museum of Discovery ITEM 1: PORTABLE BAR Quantity: One (1) ITEM 2: PORTABLE SINK Quantity: One (1) ITEM 3: FREEZER Quantity: One (1) ITEM 4: REFRIGERATOR Quantity: One (1) DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 Concession Agreement 8297 Concessions: Event Beverage Services Page 14 of 15 EXHIBIT C INSURANCE REQUIREMENTS 1. The Concessionaire 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 Concessionaire 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 Concessionaire, 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 Concessionaire under this Agreement. The City, its officers, agents and employees and the Fort Collins Museum of Discovery, a non- profit partner, shall be named as additional insureds on the Concessionaire's general, automobile and liquor 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 Concessionaire shall maintain during the life of this Agreement for all of the Concessionaire'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 Concessionaire 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 Concessionaire 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. C. $1,000,000 Liquor Liability In the event any work is performed by a subcontractor, the Concessionaire 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: ABFF296E-21D7-48EC-8E0C-433959CE83A9 New insurance Concession Agreement 8297 Concessions: Event Beverage Services Page 15 of 15 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Concessionaire hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, clients or suppliers, which access is related to the performance of services that the Concessionaire has agreed to perform, the Concessionaire hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Concessionaire agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to clients and suppliers of the City). The Concessionaire shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Concessionaire shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Concessionaire understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Concessionaire shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Concessionaire ceases to perform services for the City, or the City so requests for any reason, the Concessionaire shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Concessionaire understands and agrees that the City’s remedies at law for a breach of the Concessionaire’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL 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 (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE 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) DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL 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 (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). 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 (201401) 8/29/2016 John C Beckett and Associates Inc 220 Smith Street Ft. Collins CO 80524 Timothy Beckett (970)484-2805 (970)484-2885 tim@beckettinsurance.com Sapphire Events, LLC 1050 E. County Road 76 Wellington CO 80549 Nautilus Insurance Company EMPLOYERS COMPENSATION INS CO CL1682902210 A x x X X NN626253 10/27/2015 10/27/2016 1,000,000 500,000 5,000 1,000,000 2,000,000 2,000,000 Employee Benefits no coverge B x EIG2309455-00 01/01/2016 01/01/2017 100000 100000 500000 A Liquor Liability nn626253 10/27/2015 10/27/2016 aggregate 1,000,000 each common cause 1,000,000 THE CITY OF FORT COLLINS AND THE MUSEUM OF DISCOVERY A NON-PROFIT PARTNER ITS OFFICERS, AGENTS AND EMPLOYEES ARE ADDITIONAL INSUREDS PER WRITTEN CONTRACT ON THE GENERAL LIABILITY POLICY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. Timothy Beckett/RR CITY OF FORT COLLINS P.O. BOX 580 FORT COLLINS, CO 80522 (970)224-6134 jwilson@fcgov.com DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). 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 (201401) 8/29/2016 John C Beckett and Associates Inc 220 Smith Street Ft. Collins CO 80524 Timothy Beckett (970)484-2805 (970)484-2885 tim@beckettinsurance.com Sapphire Events, LLC 1050 E. County Road 76 Wellington CO 80549 GRANITE INSURANCE SERVICES,INC EMPLOYERS COMPENSATION INS CO CL1682902210 A x x X X NN626253 10/27/2015 10/27/2016 1,000,000 500,000 5,000 1,000,000 2,000,000 2,000,000 Employee Benefits B x EIG2309455-00 01/01/2016 01/01/2017 100000 100000 500000 THE CITY OF FORT COLLINS AND THE MUSEUM OF DISCOVERY A NON-PROFIT PARTNER ITS OFFICERS, AGENTS AND EMPLOYEES ARE ADDITIONAL INSUREDS PER WRITTEN CONTRACT ON THE GENERAL LIABILITY POLICY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. Timothy Beckett/RR CITY OF FORT COLLINS P.O. BOX 580 FORT COLLINS, CO 80522 (970)224-6134 jwilson@fcgov.com DocuSign Envelope ID: ABFF296E-21D7-48EC-8E0C-433959CE83A9