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HomeMy WebLinkAboutDAM GOOD SYSTEMS LLC DBA THE BUTTERFLY CAFE - CONTRACT - RFP - 8427 ON-SITE CONCESSIONAIRE - 212 LAPORTE AVEAmendment No. 1 Page 1 of 3 First Amendment to the Services Agreement between The City of Fort Collins and The Butterfly Cafe This First Amendment to the Service Agreement (the “First Amendment”) is entered into by and between The Butterfly Cafe (the “Service Provider”) and the City of Fort Collins, Colorado (the “City”). WHEREAS, the Service Provider and the City previously entered into a Concession Agreement dated February 3, 2017 (the “Agreement”); and WHEREAS, the parties desire and agree to amend the Agreement herein; and NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree to amend the Agreement as follows: 1. Section 1.1 is hereby replaced in its entirety to read as follows: 1.1 Definition of Concession Space. For the purposes of this Agreement, the “Concession Space” shall mean the building located at 212 Laporte Ave, Fort Collins, CO 80521 and the 8’ concrete patio around the four sides of the building. The Concession Space shall also include that portion of the bike storage room located in the City building at 215 N. Mason Street (the “Bike Storage Room”) made available to Concessionaire by the City as provided below in Article 3. 2. Article 3 is hereby replaced in its entirety to read as follows: 3.1 In General. Subject to other limitations expressed in this Agreement, the Concessionaire shall have the right of ingress and egress to and from the Concession Space for Concessionaire’s employees, agents and invitees to the extent reasonably necessary in connection with the conduct of Concessionaire’s business under this Agreement. Concessionaire shall have use of the concrete ramp from the alley for access to bring supplies to the building. Short term parking (10 minutes maximum) for this use only shall apply. Areas designated as restricted by the City shall be excluded. 3.2 Bike Storage Room. Concessionaire and only its employees shall have the non- exclusive shared access to and use of the Bike Storage Room, Monday – Sunday from 6 a.m. to 8 p.m. for storage purposes. To the extent necessary, delivery persons may enter the Bike Storage Room only if escorted by Concessionaire or its employee and only during the City’s normal business hours (8:00 a.m. to 5:00 p.m.). Access by others shall be subject to the City’s prior written approval. Concessionaire is solely responsible for security of any of Concessionaire’s personal property stored therein, including but not limited to food, beverages, supplies, and equipment. The Bike Storage Room shall not be an area made available for public access or use. Concessionaire shall indemnify and hold the City harmless from any and all claims, injuries, damages or losses, including attorney’s fees, arising out of or in connection with its access to and use of the Bike Storage Room. 3.3 Key Fob Access. Concessionaire affirms its access to the Bike Storage Room shall be strictly for storage purposes pursuant to the Agreement. Concessionaire further affirms that the City has provided to Concessionaire and its employees instructions regarding the appropriate use of a key fob to access 215 N. Mason Street and the Bike Storage Room, including without limitation, that such key fob shall be used solely in connection with the work duties pursuant to the Agreement and DocuSign Envelope ID: F536A4CF-3751-47FD-A694-5458688D0BD4 Amendment No. 1 Page 2 of 3 shall not be provided to any other person not granted access by the City. The Concessionaire shall not allow non-employees access to 215 N. Mason Street or the Bike Storage Room, except as otherwise provided in Section 3.2. Concessionaire shall immediately notify the City if the key fob is lost. Concessionaire shall not make any copies of the key fob. Concessionaire shall promptly return the key fob to the City upon the City’s request or upon termination of the Agreement. The City shall assign key fobs to specific individuals for such individual’s sole use. The City reserves the right to limit the number of key fobs issued to Concessionaire. In no event shall key fobs be shared or otherwise utilized by individuals not assigned the key fob. 3.4 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 to the Concession Space, presently or hereafter used as such, so long as a reasonable and safe means of ingress and egress remains available to the Concessionaire. 3. The introductory paragraph of Section 4.3, Concessionaire Personnel, and Section 4.3.1 are hereby replaced in their entirety to read as follows: 4.3 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor of its agents and employees. 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 shall be background screened, at Concessionaire’s expense. The City reserves the right to review background screenings with reasonable notice to the Concessionaire. 4. Section 7.1, Concession Fee, is hereby replaced in its entirety to read as follows: 7.1 Concession Fee. Pursuant to the concession operations hereunder, and for exclusive use of the Concession Space, the Parties agree no exchange of funds will occur for sixty (60) days from March 1, 2017. Commencing May 1, 2017, the Concessionaire shall pay to the City seven hundred dollars ($700) monthly as the Concession Fee. Payments shall be made to the City by the 15th of every month for the previous month’s 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. DocuSign Envelope ID: F536A4CF-3751-47FD-A694-5458688D0BD4 Amendment No. 1 Page 3 of 3 5. Article 9, Acceptance and Trade Fixtures, is hereby amended to add the following Section: 9.1.3 One (1) three (3) compartment 72 cu. ft. refrigerator in the Bike Storage Room for additional cold storage use. Except as expressly amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year shown. THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing Date: ______________________________ ATTEST: _________________________________ APPROVED AS TO FORM: _______________________________ THE BUTTERFLY CAFE By: __________________________________ Alison Hatcher Owner Date: _______________________________ By: __________________________________ Michael Falco Owner Date: _______________________________ DocuSign Envelope ID: F536A4CF-3751-47FD-A694-5458688D0BD4 3/8/2017 3/8/2017 Assistant City Attorney 3/8/2017 City Clerk