HomeMy WebLinkAbout7826RESOLUTION NO. 7826
A RESOLUTION AWARDING A CON'T'RACT FOR THE OPERATION OF
PARKS AND RECREATION DEPARTMENT CONCESSION AREAS AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME
Whereas, proposals for the operation of Parks and Recreation
Department concession areas have been received and examined; and
Whereas, the proposal of Frank Sagona of Pueblo, Colorado was
the only bid proposal submitted and is determined to be in the best
interest of the City; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, !'HAT:
SECTION 1
A contract for the operation of the Parks & Recreation
Department concession areas be, and same is hereby awarded to Frank
Sagona of Pueblo, Colorado. The awarding of the concession
contract set forth herein shall be subject to the filing of
sufficient sureties to be approved by the Purchasing Agent of said
City.
S ECTION 2-
The Purchasing Agent be, and he is hereby authorized to
execute said contract on behalf of Pueblo, a Hunici. pal Corporation,
and the City Clerk shall affix the seal of the City thereto and
attest the same.
1NTRODUCED March 25, 1996
By- Samuel Corsentino
Councilperson
ATTES`i APP OVED:
City C erk Pres dent of the City Council
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C. EXPERIENCE RECORD
I (we) list below concessions or businesses of a similar type which I (we) have
conducted in the past, giving:
a) Year(s) Business Operated
b) Location
c) Description of Operation
(Use balance of page if further description is desired)
DESCRIPTION OF
YEARS) LOCATION OPERATION
20 pears Pueblo City Concessions Counter Service
12 years State Fair Concessions Grill, Bar.
Included at different Catering, Hawking,
times: Grandstand, Counter Service
Coor's Pavillion. Stroh's
Tent, Miller's Tent,
Blue Ribbion Room,
Livestock Pavillion,
Agricultural Palace
Signature
L
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PROJECT NO. 96 -005
Concessionaire will pay to City the greater of
MINIMUM ANNUAL GUARANTEE $ 2,500.00
•o
PERCENTAGE OF GROSS SALES 3 1/2 percent of gross sales up to
i 774720 - 0.00 . annually plus 25 percent
of gross sales in excess of
$ 79,800.00 . annually.
FIRM OR INDIVIDUAL: Frank Sagona
ADDRESS: 230 Fordham Circle, Pueblo, Colorado 81005
SOCIAL SECURITY NUMBER: 521 -54 -0134
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CITY OF PUEBLO
PURCHASING DEPARTMENT
230 SOUTH MECHANIC STREET
PUEBLO, COLORADO 81003
PROJECT NO.: 96 -005
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OPERATION OF PARKS AND RECREATION
CONCESSION AREAS
001
ARTICLE I
A. ADVERTISEMENT FOR BIDS
To whom it may concern:
The City of Pueblo will receive sealed bids up to the hour of 10:00 A.M. on the 4th
day of March, 1996, at the office of the Purchasing Agent, 230 South Mechanic Street,
Pueblo, CO, 81003, for the following:
PROJECT NO.: 96-005
PROJECT NAME: OPERATION OF PARKS AND RECREATION
DEPARTMENT
CONCESSION AREAS
In general, the work shall consist of the operation of concession areas at Mineral
Palace Park, City Park, Minnequa Park and Mitchell Park Swimming Pools, City Park
Playground, Ball Fields at City Park and Stauter Field and other specified playing fields.
Contract documents may be obtained from the office of the Purchasing Agent of
the City of Pueblo.
Each bid must be accompanied by a Certified Check, Cashier's Check, Postal
Money Order or Bid Bond in the amount of five (5) percent of the MINIMUM ANNUAL
GUARANTEE, payable to the City of Pueblo as a guarantee that if the bid is accepted,
the bidder will execute and file the proposed contract and bond within ten (10) days from
the date of the award of the contract by the City Council.
All bids must be received by the office of the Purchasing Agent before the time
specified and enclosed in sealed envelopes plainly marked: CONTRACT PROPOSAL,
PROJECT NO. 96 -005, PARKS & RECREATION DEPARTMENT CONCESSION
AREAS.
Bids will be opened and publicly read immediately following the scheduled times
for receipt of same, at which time all bidders and interested parties may be present.
DATED at Pueblo, Colorado this 5th day of February 1996.
Art Croissant - Purchasing Agent
City of Pueblo, Colorado
B. REQUEST FOR QUOTATION NO 96 -005
PROJECT NAME: OPERATION OF SPECIFIED PARKS AND
O RECREATION DEPARTMENT
CONCESSION AREAS
All proposals are to be prepared on this form. All blank spaces must be correctly
filled in where indicated for each and every item for which the quantity is given, and the
bidder must state the prices (written in ink or typed) for which he proposes to do the
work contemplated.
The undersigned, having become familiar with the local conditions affecting the
concession, and with the contract documents, including Advertisement for Bids, the form
of proposal, the form of bid, special documents on file in the office of the Purchasing
Agent, hereby proposes to furnish all of the labor, equipment, inventory, supplies,
products, and all utility and services necessary to operate the concession areas at the
designated sites, in accordance with the said contract document, for the sums set forth in
the following bidding schedule.
PROPOSAL
An independent contract to operate the specified Concession Areas at Mineral
Palace Park, Minnequa Park, Mitchell Park Swimming Pools, City Park Playground and,
Ball Fields at City Park and Stauter Fields and other specified playing fields. The
Concessionaire will provide all necessary equipment neccessary to operate Concession
Areas.
The term of the contract shall be for a period of five (5) years with the option to
renew for five (5) years by the City Council upon recommendation of the Director of
Parks and Recreation. The Contract shall commence April 15, 1996.
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Concessionaire will pay to City the greater of:
1. MINIMUM ANNUAL GUARANTEE S 2 , 5 0 0.0 0
OR
2. PERCENTAGE OF GROSS SALES 3 percent of gross sales up to
$74,200 annually
plus 2 5 percent of
gross sales in excess of
$79,800 annually.
(Both 1 and 2 above must be completed)
Minimum Annual Guarantee is defined as the minimum sum which the bidder
guarantees to pay the City each calendar year whether or not his Gross Sales shall be
greater or smaller than anticipated.
Attached hereto is a Bid Bond or Certified Check in favor of the Owner, in the
amount of $ 125.00 , which shall become the property of the City as liquidated
damages in case my bid is accepted and I should fail or refuse to enter into a contract
and furnish surety bonds as required within fifteen (15) days of receipt of Notice of
Award.
The Bidder must sign his proposal correctly and in ink. If the proposal is offered
by an individual, his name, office and Post Office address must be shown. If offered by
a corporation, the person signing the proposal must give the name of the State and the
business address of the President, Secretary and the Treasurer. Anyone signing a
proposal as agent must file legal evidence of his authority to do so, and that his signature
is binding upon the firm or partnership.
The undersigned, if awarded the contract, agrees to complete and file the
completed contract and performance bond in quadruplicate within ten (10) days of such
award of contract.
NOTE: Bidders should not add any conditions or qualifying statements to this bid
as otherwise the bid may be declared irregular as not being responsive to the
Advertisement for Bids.
FOR INFORMATION ONLY: During year 1995, the concession area generated
approximately $ 75,000 gross sales. This information is not binding on City and no
adjustments will be made if annual gross sales in future years are less or more than such
amount. Bidders rely on this information' at their sole risk.
The City is exempt from Federal and State taxes. However, the Concessionaire is
subject to such taxes and the materials used in performing this contract may not be tax
exempt.
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CONCESSIONAIRE (if individual) Frank S a o n a
PARTNER (if a partnership)
OFFICER & SEAL (if a corporation)
BY (title)
ADDRESS 230 Fordham Circle, Pueblo, Colorado 81005
EMPLOYED SOCIAL SECURITY (IDENTIFICATION NUMBER): 521-54-0134
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C. EXPERIENCE RECORD
I (we) list below concessions or businesses of a similar type which I (we) have
conducted in the past, giving:
a) Year(s) Business Operated
b) Location
c) Description of Operation
(Use balance of page if further description is desired)
DESCRIPTION OF
YEAR(S) LOCATION OPERATION
20 years Pueblo City Concessions Counter Service
12 years State Fair Concessions Grill, Bar,
Included at different Catering, Hawking,
times: Grandstand, Counter Service
_ Coor's Pavillion. Stroh's
Tent, Miller's Tent,
Blue Ribbion Room,
Livestock Pavillion,
Agricultural Palace
Signature
C
5
C PROJECT NO. 96-005
Concessionaire will pay to City the greater of:
MINIMUM ANNUAL GUARANTEE
•i
PERCENTAGE OF GROSS SALES
$ 2,500.00
3 1/2 percent of gross sales up to
$74,200.00 annually plus 25 percent
of gross sales in excess of
$79,800.00 annually.
X
FIRM OR INDIVIDUAL: Frank Saizona
ADDRESS: 230 Fordham Circle, Pueblo, Colorado 81005
SOCIAL SECURITY NUMBER: 521 -54 -0134
C
E. NOTICE OF AWARD
City of Pueblo, Colorado
March 26, 1996
TO' Frank Sagona
230 Fordham Circle
The City of Pueblo, Colorado having considered the proposals submitted on March
4, 1996, for the operation of Parks and Recreation Department Concession Areas, and it
appearing that your proposal of S 2500.00 Minimum Annual
Guarantee, or 3.5 % percent of gross sales, whichever is greater, is
fair, equitable, and to the best interests of the City and the City Council of Pueblo, the
said Proposal is hereby accepted at the Bid Prices contained therein.
In accordance with the terms of the Contract Documents, you are required to
execute the formal Contract and furnish the required Performance Bond within ten (10)
consecutive calendar days from and including the date of the notice.
The Proposal Guaranty submitted with your Proposal will be returned upon
execution of the Contract and the furnishing of the Performance Bond. In the event you
should fail to execute the Contract and furnish the Performance bond within the time
limit specified, the Proposal Guaranty will be retained by said City as liquidated damages
and not as penalty for delay and extra work caused thereby.
City of Pueblo, Colorado_
Purchasing Agent
IN
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United Fire & Casualty Company
1 18 Second Avenue S.E. P.O. Box 73909 Cedar Rapids, Iowa 52407
LICENSE AND PERMIT BOND
(For County, City, Town or Village Only) 11 5 2 0
BOND No. 55- 82
KNOW ALL BY THESE PRESENTS:
That we, Frank Savona dba Poppy's
of the city Of Pueblo , State of Colorado , as Principal,
and UNITED FIRE & CASUALTY COMPANY, an Iowa Corporation of Cedar Rapids, Iowa, duly licensed to do business
in the State of Colorado , as Surety, are held and frmily bound unto the
city Of Pueblo , State of Colorado , Obligee, in the penal
(VALID ONLY WHEN A COUNTY, CITY, TOWN OR VILLAGE IS NAMED AS OBLIGEE)
sum of Two Thousand Five Hundred and no /100--------------- - - - - -- (S 2,500 - 00 ) DOLLARS,
(NOT VALIDD IF FILLED IN FOR MORE THANIM,000.00)
lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves
and our legal representatives, jointly and severally by these presents
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal has been licensed
as concessionaire by the said Obligee.
NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances,
including all Amendments thereto, appertaining to the license or permit applied for, then this obligation to be void, otherwise to remain
in full force and effect for a period commencing on the 15th day of
April '19 96 , and ending on the 15th day
C of April , 19 97 , unless renewed by continuation certificate.
This bond may be terminated at any time by the Surety upon sending notice in writing to the clerk of the Political Subdivision
with whom this bond is filed and to the Principal, addressed to them at the Political Subdivision named herein, and at the expiration
of thirty -five (35) days from the mailing of said notice, this bond shall ipso facto terminate and the Surety shall thereupon be relieved
from any liability for any acts or omissions of the Principal subsequent to said date.
Dated this 29th day of Mareh 5 19 96
Frank Savona dba Poppy's
PRINCIPAL
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PRINCIPAL
Countersigned UNITED FIRE & COMPANY
By Donald Learned RESIDENT AGENT By VINF PRESIDENT
ACKNOWLEDGMENT OF SURETY
(Corporate Officer)
STATE OF IOWA l
ss
County of Linn
On this— 29th day of March , 19 _��,
before me, the undersigned officer, personally appeared Maynard L. Hansen, who acknowledged himself to be the aforesaid offices
of the UNITED FIRE & CASUALTY COMPANY, a corporation, and that he as such officer, being authorized so to do, executed the
foregoing instrument for the purpose therein contained, by signing the name of the corporation by himself as such offrcer.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
�- , � 4 BRIDOET K- MORROW
MY COMMISSION EXPIRES
NOTARY PUBLIC, IOWA
UND -3183B (11 -89)
CONTRACT
This contract made and entered into this / Ar day of 41 1Z:Z , 1996, by
and between Pueblo, a Municipal Corporation, organized and existing under the laws of
the State of Colorado, termed in the Contract documents as the 'City' and
F rank S a e o n a. 2 3 0 F o r d ha m Cr, Pueblo- termed in the Contract Documents as the
'Concessionaire'. Co. 810 0 5
PROJECT NO.: 96 -005, OPERATE SPECIFIED CONCESSION AREAS
FOR PARKS AND RECREATION DEPARTMENT
WITNESSETH: In consideration of the sums to be payed by the Concessionaire
to the City at the time and in the manner hereinafter provided, the City has agreed to
license the Concessionaire and the said Concessionaire has agreed, and does hereby agree,
to furnish all labor, inventory, supplies, products, tools, equipment and material and pay
for all such items, and to set up and operate complete in every detail, to wit:
OPERATION OF SPECIFIED PARKS AND RECREATION DEPARTMENT
CONCESSION AREAS
at the prices bid on the Proposal Form, in accordance with all contract documents for this
operation which are on file and available for inspection in the office of the Purchasing
11 Agent of Pueblo, all to the satisfaction and under the general supervision of the City
Manager for the City of Pueblo, Colorado.
AND FOR SAID CONSIDERATION IT IS FURTHER PARTICULARLY
AGREED BETWEEN THE PARTIES TO THIS AGREEMENT:
1. This contract consists of the following component parts and documents, all of
which are fully a part of the Contract as if herein set out all verbatim, or if not attached,
as if hereto attached:
ARTICLE I A. Advertisement for Bids
B. Request for Quotation
C. Experience Record
D. Bid Bond
E. Notice of Award
F. Contract (This Instrument)
G. Performance Bond
H. Notice to Proceed
ARTICLE H. General Provisions.
ARTICLE III. Special Provisions.
7
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed in four (4) original counterparts as of the day and Y ear first above written.
Frank Sagona
Concessionaire
By:
Frank Sagona
Title: own p
PUEBLO, A MUNICIPAL CORPORATION
By: Ae
Purchasing Agent
ATTEST: APPROVED AS TO FORM:
Clerk lw ty Atto ey
8
Acort , CERTIFICATE OF
INSURANCE JV 08610 ISSUE DATE (MM /DD/YY)
04/15/96
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
PUEBLO
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
r INSURANCE-
POLICIES BELOW.
. O . BOX 4 316
UEBLO CO 81003 -0316
COMPANIES AFFORDING COVERAGE
COMPANY A CO- COMP- INS. AUTHORITY
LETTER
COMPANY B
INSURED
LETTER
OPPY I S
COMPANY C
RANK SAGONA DBA
LETTER
30 FORDHAM CIRCLE
COMPANY
D
UEBLO, CO 81005
LETTER
COMPANY E
LETTER
COVERAGES
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 POLIdIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
O
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
TR
ATE (MM /DD/Y)
DATE (MM /DD/YY)
GENERAL LIABILITY
GENERAL AGGREGATE
$
OMMERCIAL GENERAL LIABILITY
PRODUCTS— COMP /OP AGG.
$
LAIMS MADE E_1 OGCUR.
PERSONAL & ADV. INJURY
$
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE
$
FIRE DAMAGE (Any one fire)
$
MED.EXP. (Any one person)
$
UTOMOBILE LIABILITY
COMBINED SINGLE
ANY AUTO
LIMIT
$
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Per person)
$
HIRED AUTOS
BODILY INJURY
NON —OWNED AUTOS
(Per accident)
$
GARAGE LIABILITY
PROPERTY DAMAGE
EXCESS LIABILITY
EACH OCCURRENCE
$
::] UMBRELLA FORM
AGGREGATE
$
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
3422036
03/09/96
03/01/97
STATUTORVLIMITS
EACH ACCIDENT
AND
$ 1 0 0 0 O
DISEASE — POLICY LIMIT
$ 500,00
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE
$ 1 0 0
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS
6/97 WORK COMP
COMFICAT.E HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE- THEREOF, THE ISSUI G COMPANY WILL ENDEAVOR TO
CITY CLERK
MAIL DAYS WRITTEN NOTIC O THE CERTIFICATE HOLDER NAMED TO THE
CITY HALL
LEFT, BUT FAILURE TO MAIL SUCH TICE SHALL IMPOSE NO OBLIGATION OR
PUEBLO CO 81003
O LIABILITY Y KIND PO TH OMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHO ED RE T E
AEORD 2-" (7/90 )
OACORD CORPORATION 1990
PRODUCER
Sre INSURANCE— PUEBLO
. O. BOX 4316
UEBLO CO 81003 -0316
INSURED
?OPPYIS
?RANK SAGONA DBA
?30 FORDHAM CIRCLE
?UEBLO, CO 81005
V f 1 L2 A r �.''r 9 ISSUE DATE (MM/DD/YY)
{J� j/'!� v n 04/08/96
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A UNITED FIRE & CASUALTY
LETTER
COMPANY B
LETTER
COMPANY
LETTER C !^ .
COMPANY D
LETTER
COMPANY E
LETTER
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICAtE MAY BE ISRIJED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLIG LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'O
POLICY EFFECTIVE
POLICY EXPIRATION
I
TYPE OF INSURANCE
POLICY NUMBER
LIMITS
TR
DATE (MM /DD/YY)
DATE (MM /DDNY)
GENERAL LIABILITY
60041984
3/ 11 / 9 6
03/11/97
GENERAL AGGREGATE
$ 1 , 000,00 (
'OMMERCIAL GENERAL LIABILITY
PRODUCTS— COMP /OP AGG.
$ 1
l/11MS MADE OCCUR.
PERSONAL 8 ADV. INJURY
$ 11000100
OWNER'S &CONTRACTOR'S PROT.
EACH OCCURRENCE
$ 1
FIRE DAMAGE (Any one fire) ,'
$ 50,00
MED.EXP. (Any one person)
$
TOMOBILE LIABILITY
60041984
0 3/ 11 / 9 6
03/11/97
COMBINED SINGLE
ANY AUTO
LIMIT
$ 500.00
BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
$
BODILY INJURY
HIRED AUTOS
NON —OWNED AUTOS
(Per accident)
$
GARAGE_ LIABILITY
PROPERTY DAMAGE
S
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
R UMBRELLA FORM
OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
WORKER'S COMPENSATION
"
EACH ACCIDENT
$
AND
DISEASE — POLICY LIMIT
$
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE
$
OTHEIPROPERTY
160041984
03/11/96
3/11/97
DESCRIPTION OF OPERATIOMS /LOCATIONSNEHICLES /SPECIAL ITEMS
CITY CLERK
CITY HALL
PUEBLO CO 81003
ANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUIN COMPANY WILL ENDEAVOR TO
MAIL 10_ D S WRITTEN NOTIC THE CERTIFICATE HOLDER NAMED TO THE
LEFT=BUT LUR O MAIL SUCH ICE SHALL IMPOSE NO OBLIGATION OR
LIABI KINQ UPOVTH MPANY, ITS AGENTS OR REPRESENTATIVES.
H. NOTICE TO PROCEED
PUEBLO, COLORADO
April 1, 1996
Date
TO: Frank Sagona
230 Fordham Circle
You are hereby authorized to proceed on the date of April 15, 1996 with the
operation for the Specified Parks and Recreation Department Concession Areas, Pueblo,
Colorado.
The Proposal Guaranty submitted with your Proposal is herewith returned to you.
CITY OF PUEBLO
Purchasing Agent
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ARTICLE II
GENERAL PROVISIONS
OPERATION OF PARKS AND RECREATION DEPT. CONCESSION AREAS
The provisions of this portion of the Contract Document are of a general nature
and are intended to apply to all concession areas described in Special Provisions.
Whenever any of these provisions do not apply to a specific, Concession Area operations,
the exceptions are noted in Special Provisions.
In case of any conflict between the General Provisions and the Special Provisions,
the Special Provisions shall govern.
1. DEFINITIONS
The following terms, as used in these contract documents, are respectively defined
as follows:
(a) "City" City of Pueblo, Colorado.
(b) "Closing Time" The Scheduled Closing Time for the receipt of
bids, and the opening thereof.
(c) "Concessionaire" The person, persons, firm or corporation to
whom the within the Contract is awarded by the
City and who is subject to the terms of said
Contract. Also the Agents, employees, workmen
or assignees of said concessionaire.
(d) "Director" The Director of Parks and Recreation for
Pueblo, Colorado, or his authorized agents.
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(e) "Concession" All work including materials, inventory,
supplies, products, labor, supervision, and
equipment necessary to serve the public in full
compliance with the terms of the Contract.
(f) "Notice" Where any section of the contract document
contains any provision in respect to the giving of
any notice, such notice shall be deemed to have
been given (as to the City) when written notice
shall be delivered to the Director of Parks and
Recreation at the place where the bids or
proposals for the contract were opened; (as to
the Concessionaire) when a written notice shall
have been placed in the United States mail
addressed to the Concessionaire at the place
stated in the papers prepared by him to
accompany his proposal as the address of his
permanent place of business; (as to the Surety)
on the Performance Bond when a written notice
is placed in the United States mail addressed to
the Surety at the home office of such Surety.
Such address may be changed at any time by
filing such change of address, in writing, with
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(g) "Concession Area"
(h) "Active Occupancy"
the City Clerk.
The Buildings or Premises more fully described
in the Special Provisions.
The concessionaire is restricted to Concession
Area, except as otherwise set forth in the
Contract Documents.
That period of the year when the Concession is
open to the public for the sale of foods and
goods, and opposed to inactive occupancy when
the concessionaire is technically in possession of
the premises under this agreement but is not
open for business.
(i) "Surety" The person, firm or corporation that has
executed, as Surety, the Contractor's
Performance Bond.
2. INTERPRETATION:
In interpreting the Contract Documents, words describing materials or work which
have well known technical or trade meaning, unless otherwise specifically defined in the
Contract Documents, shall be construed in accordance with such well known meaning
recognized by the trade.
If any person contemplating submitting a bid for this contract is in doubt as to the
C, 14
true meaning of any part of the Contract Documents, he may submit to the Purchasing
Agent of the City of Pueblo, Colorado, a written request for an interpretation thereof.
The person submitting the request will be responsible for its prompt delivery. Any
interpretation of the Documents will be made only prior to closing time and by the
written addendum duly issued or delivered to each person receiving a set of such
Documents. The City will not be responsible for any other explanations or interpretations
of the Documents.
3. GENERAL DESCRIPTION AND SCOPE:
The scope of the work to be performed under this agreement is providing top
quality concession operation for the furnishing of foodstuffs and novelties to the public
(and particularly those patrons of the public facility of which the Concession Area is a
part) at reasonable prices based on prevailing prices for like commodities elsewhere in
the City of Pueblo and under such standards of operation as to assure prompt and
courteous service to the patrons and at the same time assure a fair return to the
Concessionaire.
The privilege granted under this agreement gives the Concessionaire the right to
sell small novelties, swimming accessories, popcorn, nuts, hot dogs, coney islands,
sandwiches, candies, confections, soft drinks, coffee, hot chocolate, cocoa, crackers,
cookies, fried cakes, dough nuts, cupcakes, tea, milk and nonalcoholic beverages, ice
cream and fruit and for not other purpose except as may be specifically set forth in the
Special Provisions.
The privilege granted by this agreement shall not be deemed to be an exclusive
CI?
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right or franchise within the public facility or park wherein such Concession Area is
located, and the City reserves the right to conduct or operate or permit the operation of
other concessions within the same public facility or park.
Number and location of any machine or equipment providing snack and
refreshment or entertainment shall be designated by the Director. Concessionaire shall
receive all revenue from snack and refreshment vending machines. All entertainment
devices shall be approved by the Director and revenue derived from such devices shall
be divided as mutually agreed upon by both parties.
The bidder shall inform himself of the conditions in existence at the Concession
Area before submitting his bid and no allowances shall be made by reason of any matter
or thing concerning which he might of fully informed himself prior to the bidding. No
bidder will be heard after the opening of bids to assert that there was any
misunderstanding as to the nature of the operation expected in the Concession Areas.
4. BIDDING CONDITIONS
The concessionaire is expected to base his bid on operating the concessions upon
the conditions set forth in the Contract Documents, and in the event he contemplates an
operation not specifically permitted herein, he will be required to revise his operation to
fully conform at no change in his bid price. Before submitting a bid, each concessionaire
should read the complete Contract Documents, all of which contain provisions applicable
to the operation of the concessions.
5. REQUIRED INFORMATION
Each bidder shall submit the following data:
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(a) Address of bidder's permanent place of business.
(b) Statement listing operation's of a similar nature which bidder operated or in
which bidder was engaged in a responsible capacity.
(c) Any additional information the City may require in order to be assured the
bidder is able and prepared to operate the concession.
6. PREPARATION OF PROPOSALS:
(a) Each proposal shall be securely sealed in an envelope as designated in the
Request for Proposal and delivered to the office of the Purchasing Agent of the City of
Pueblo, 230 South Mechanic, Pueblo, Colorado, at or before the time stated in the
request.
(b) Bids shall be made only on forms provided by the City and included as a part
of these documents. The proposal forms shall not be separated from the remainder of
these documents. Any correction or erasure on the proposal form shall be initialed by
the person signing the bid. No bidder shall stipulate in his proposal any conditions not
contained in the contract documents.
(c) The City reserves the right to waive any informality in bids.
(d) The City reserves the right to reject any or all bids.
7. BID SECURITY:
(a) No proposal will be received unless accompanied by a certified check,
cashier's check, postal money order, bid bond or other suitable collateral, as set forth in
the Request for Bids, payable to the City as a guarantee that if the bid is accepted, the
bidder will execute and file the Contract and Performance Bond within the stipulated
17
time from the date of the award of the Contract. On failure of the successful bidder to
execute the Contract and Performance Bond, the Bid Bond or other collateral will be
retained by the City as liquidated damages.
(b) The bid bond or other collateral of the three highest bidders for each contract
may be held until the Contract and Performance Bond is executed and approved and then
returned to the bidders. The balance of bid bonds and other securities will be returned
within seven (7) days after the opening of bids.
8. SIGNING OF BIDS:
(a) Bids which are not signed by individuals making them should have attached
hereto a power of attorney evidencing authority to sign the bid in the name of the person
or by whom it is signed.
(b) Bids which are signed for co- partnership should be signed by all of the co-
partners or by an attorney -in -fact. If signed by an attorney -in -fact, there should be
attached to the bid a power of attorney evidencing authority to sign the bid.
(c) Bids which are signed for a corporation should have the correct corporate
name thereof signed in hand writing or in typewriting and the signature of the President
or other authorized officer of the corporation should be manually written below the
written or typewritten corporate name following the word "By
Title
1
(d) If bids are signed for any other legal entity, the authority of the person
signing for such legal entity should be attached to the bid.
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9. MODIFICATION, WITHDRAWAL, DUPLICATE•
(a) Modification of bids already submitted will be permitted, provided such
modification be in writing and transmitted to the Purchasing Agent or to the City prior
to Closing Time. Such modification shall not reveal the amounts in the original or revised
bid.
(b) Any bidder may withdraw his bid prior to the Closing Time, but no bid shall
be withdrawn for a period of thirty (30) days after Closing Time. Negligence or mistake
on the part of the bidder shall not constitute a right to withdraw after Closing Time. Any
bid received after Closing Time will be returned unopened
(c) If more than one bid be offered by one party, all such bids shall be returned
unopened. If duplicate bids are not discovered until after opening, such duplication shall
be cause for immediate rejection of such bids. A party who has quoted prices to a bidder
is not thereby disqualified from quoting prices to other bidders or from submitting a
direct bid on his own behalf.
10. AWARD OF CONTRACT:
(a) The Contract shall be awarded to the highest and the best, reliable and
responsible bidder within thirty (30) days from the date of Closing Time. The best bid
will produce the greatest revenue to the City.
(b) The Contract shall be deemed to have been awarded when formal notice of
award shall have been duly given to the intended awardee (i.e., the bidder to whom the
City contemplates awarding the Contract) by the Purchasing Agent of the City.
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11. EXECUTION OF CONTRACTS AND BONDS:
(a) The successful bidder shall enter into a written Contract with the City on the
form attached hereto. Such Contract shall be subject to the Charter of Pueblo and the
Code of Ordinances, City of Pueblo.
(b) Each Contract must be executed in four (4) original counterparts and no more
and there shall be executed original counterparts of the contractor's Performance Bond
in equal number to the executed original counterparts of the contract. Two copies of such
executed documents will be retained by the City and two copies will be delivered to the
concessionaire. The successful concessionaire must provide insurance as outlined herein.
The costs of executing the bonds and contract and insurance, including all notarial fees
and expense, are to be paid by the concessionaire.
12. CONTRACT SECURITY:
The concessionaire shall furnish a good and sufficient Performance Bond on the
form attached hereto in an amount not less than the Minimum Annual Guarantee, as
security for the faithful performance of the contract and for the payment of all persons
performing labor and furnishing equipment and provisions in connection with the
concession and the return of all City -Owned buildings in good condition at the
termination of the contract for any reason whatsoever. If, at any time during the
continuance of the Contract, the Performance Bond is canceled or no longer remains
enforceable in the sole opinion of the City including the inability of the surety to perform
the bond, the City shall have the right to require, substitute, additional and sufficient,
Performance Bond or sureties which the concessionaire shall furnish within ten (10) days
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after written notice to do so.
13. VERBAL AGREEMENTS:
No verbal agreements or conversation with any officer, agent or employee of the
City either before or after execution of the Contract shall affect or modify any of the
terms, or obligations contained in any of the documents compromising this Contract.
14. ASSIGNMENT:
The concessionaire shall not assign or sublet this Contract, or any right, privilege
or interest thereunder, including the sale or transfer of stock in any corporation, directly
or indirectly, without the written permission of the City Council of City.
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15. OTHER OPERATIONS:
The concessionaire shall conduct the privilege granted to him without infringement
upon the rights of others; he shall not engage in any business or sell any commodity upon,
in or around the Concession Area other than as expressly stipulated in this Contract; and
he shall confine all operations to the Concession Area herein specified. At all times the
concessionaire shall cooperate so as not to interfere in the holding or carrying on of any
event within the park or public facility, where the Concession Area is located, and shall
not permit unnecessary noise or annoyance to those participating in or attending any such
event.
16. INDEMNITY:
The concessionaire releases the City, its representatives, employees, and agents
from any and all liability for loss and /or damage to the property and the merchandise of
the concessionaire, not withstanding the cause of such loss or damage. Risk from fire,
theft, or otherwise, of concessionaire's property rests within the concessionaire.
Concessionaire agrees to indemnify, defend and save harmless the City, its agents,
representatives and employee's from any act of commission or omission for which the
concessionaire is liable or which arising out of concessionaire's operations, hereunder and
will reimburse the said City, its agents, representatives and employees for any claims,
losses, damages, judgements, and expenses (including reasonable attorney fees) which the
said City, its agents, representatives and employees may incur under such circumstances.
0
17.
INSURANCE - PUBLIC LIABILITY AND PRODUCTS:
The concessionaire shall be responsible for any and all damage or injury to persons
or property, public or private, that may be caused or result from his operations or in the
performance of this Contract, and the concessionaire shall defend any claim or suit that
may be brought against himself or the City on account of damage or injury resulting
from his operations, and shall pay any judgements awarded to cover such damage or
injury.
The concessionaire shall carry, at his own expense, comprehensive public liability
and products liability insurance in the amount of $1,000,000 for each occurrence and
aggregate for personal injury, including death or bodily injury, and $1,000,000 for each
occurrence and aggregate for property damage and necessary and sufficient worker's
compensation insurance to cover his employees, and to protect all parties to this
agreement and which insurance policies are to be approved by the City Attorney. The
Concessionaire shall file certificates of said policies with the City Clerk.
18. INSURANCE - FIRE, ETC.
The City maintains fire and extended coverage insurance on the buildings, but not
on other contents of the Concession Areas. Concessionaire may purchase insurance of
such amounts and types as desired to protect his equipment and inventory.
19. PERMITS AND LICENSES:
The concessionaire shall procure, supply and post, at his own cost and expenses,
in places designated by the City, all the permits and license necessary to be procured for
the carrying on of the concessions and shall pay, at his own expense, before the same
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become delinquent, all taxes assessed or levied against or arising out his business or
merchandise, including sales and use tax.
20. STANDARDS FOR SERVICE:
(a) The concessionaire shall serve only recognized standard beverages, delivered
in cans or dispensed through machines in the concession area.
(b) The concessionaire shall serve only good, pure, wholesome food and drinks;
and at reasonable prices based on prevailing prices for like commodities elsewhere in the
City of Pueblo. The concessionaire shall cause to be posted in a conspicuous manner in
front of the serving counter a neatly printed or painted sign, plainly readable at a
distance of twenty -five (25) feet, showing the price of all articles of food and drink to be
sold under this Contract. The size, design, color, location, and all matters pertaining to
such sign shall be first approved by the Director, and no other display signs, menus or
advertising matter of any kind shall be used in the Concession Areas except with the
written permission of the Director.
21. EMPLOYEES:
The concessionaire shall employee and compensate his own help and employees,
and each of said employees, while employed upon the premises, shall wear a suitable
uniform provided at the expense of the concessionaire or his employee, and shall at all
times be clean, neat and pressed, and all concession representatives and employees shall
comply with all the rules of the Director for the cleanliness of persons and courtesy
towards the patrons, the public and other employees. All employees of the concessionaire
shall be of proper working age, and the concessionaire shall comply with all the laws,
24
rules and regulations as an employer and particularly but not limited to, the labor law
and the workman's compensation law. The concessionaire shall employ none but
competent employees in the conduct of their work. The concessionaire at all times shall
enforce strict discipline and good order among his employees. The Director shall have
the authority, but not the obligation, to order the removal from the premises of any
concessionaire's employee who refuses or neglects to observe any of the provisions of this
Contract, or who is incompetent, unfaithful, abusive, threatening, or disorderly in his
conduct, and any such persons shall not again be employed without permission of the
Director.
22. AUTHORITY OF DIRECTOR:
(a) The Director shall generally supervise all work included in this Contract.
He shall decide all questions which may arise as to the fulfillment of the Contract on the
part of the concessionaire and his decision thereon shall be final and conclusive. He shall
have the authority to reject all food stuffs and commodities which do not meet the
standard required by this contract and to decide questions which arise in the performance
of the Contract.
(b) If, in the opinion of the Director, the services being performed by the
concessionaire are in violation in anyway with the terms of the Contract, he shall
forthwith cause the concessionaire to cease said violation.
(c) The Director shall, upon presentation to him, make prompt decisions in
writing on all requests of the concessionaire on all other matters relating to the
performance of the Contract or the interpretation of the Contract Documents. All such
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decisions of the Director shall be final.
23. INSPECTION:
The Director at all times shall have access to the Concession Areas. The Director
shall have the authority but not the obligation to condemn and remove all substandard
or contaminated foodstuffs or commodities stored or displayed by the concessionaire.
Such rejected items shall be removed from the premises without charge to the City. If
the concessionaire does not remove such items forthwith, the City may remove and
dispose of such items, upon giving written notice of its intention to do so, and charge the
expense of such removal and disposal to the concessionaire.
24. USE OF SITE AND EQUIPMENT:
All storage of materials and equipment shall be within the Concession Areas
described in the Special Provisions. No empty bottles, crates or containers shall be stored
outside the Concession Areas.
25. CLEAN -UP AND MAINTENANCE:
(a) The concessionaire shall keep the Concession Areas used or occupied by him
clear of trash, refuse, debris, and garbage, and shall remove the same daily at his expense,
and make his own arrangements for the disposal of all trash and refuse. The
concessionaire shall not throw any trash or refuse or empty any water or other fluid in
the streets and gutters adjacent to the Concession Areas.
(b) The concessionaire shall be responsible for the maintenance of all plumbing in
the Concession Areas. All water valves shall be kept in repair to avoid waste of water.
All sanitary sewers from the Concession Areas to the main shall be kept clean and rodded
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and free from leaks and an accumulation of grease or wastes. All plumbing, heating and
electrical systems within the Concession Area shall be kept in good working condition at
all times and shall be used in compliance with manufacturer's instructions. In the event
replacement or repair of water and sewer lines and appliances or attachments shall be
necessary, the concessionaire shall be responsible for such necessary replacement or
repairs within the outer walls of the Concession Areas and the City shall be responsible
for such repairs or replacements outside the outer walls of the Concession Areas. Broken
glass shall be replaced by the concessionaire without expense to the City.
26. PAYMENTS:
(a) Concessionaire shall pay to the City the amounts set forth in his Proposal in
monthly installments equal to the greater of (i) one - twelfth (1/12) of the Minimum Annual
Guarantee, or (ii) the specified percentage of gross sales for each month. Monthly
installments shall be paid to the City's Director of Finance at his office in City Hall on
or before the tenth (10th) day of each calendar month starting with the tenth of May
1996. The first and last calendar month shall be prorated. Final settlement and
accounting of annual amounts payable to City shall be made and paid on or before the
first day of May each year starting May 1, 1997.
(b) The concessionaire agrees to furnish the City with monthly statements showing
the daily receipts from sales or otherwise of said concessionaire during the prior calendar
month. In the event the concessionaire should fail to furnish the monthly returns by the
15 day of the following month, then the City, at its option, may terminate and cancel this
agreement without further notice. The concessionaire agrees to keep adequate books and
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i
records of accounts and agrees to permit the City or any designated representative of the
City to examine and inspect said books or records upon request, made either orally or
in writing, when so made upon the concessionaire. In the event said inspection is refused
or denied, the City at its option may terminate or cancel this agreement without notice
and without relieving the concessionaire from his liabilities incurred to the date of
cancellation. In the event of litigation arising out of this Contract, the court shall award
to the prevailing party, its cost and expenses, including reasonable attorney fees.
27. TERMINATION FOR CAUSE:
In the event of the bankruptcy or insolvency of the concessionaire, or in the event
of violation or default in the performance of any of the covenants or agreements herein
to be performed by the concessionaire, it shall be lawful for the City, at its election, upon
then (10) days prior written notice addressed to the concessionaire at the address given
by him on these Contract documents to declare this Contract terminated and to re -enter
in the possession of the Concession Areas or any part thereof with or without further
demand or process of law, and to remove and expel therefrom the concessionaire or any
person or persons occupying the same together with concessionaire's property,and to have
the use and enjoyment of said Concession Areas as in its first and former estate. If at
any time this Contract shall be terminated in the manner aforesaid or in any other
manner, the concessionaire covenants and agrees immediately to surrender and deliver
up the possession of the Concession Areas peaceably to the City; provided, however, that
in the event said default or violation is of a minor nature and is cured by the
concessionaire to the satisfaction of the City within seven (7) days from the receipt of said
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notice, then this Contract shall not be terminated.
28. CONCESSIONAIRE'S RIGHT TO TERMINATE CONTRACT:
If the concessionaire shall be prevented from doing business under an order from
any court, or other public authority, for a period of three (3) months, through no act or
fault of the concessionaire or of anyone employed by him, then the concessionaire may,
upon ten (10) days written notice to the City, terminate the Contract and recover from
the City any payments made by the concessionaire toward the guaranteed annual
minimum to cover the period of the otherwise Active Occupancy during which he was
prevented from doing business.
ARTICLE III
SPECIAL PROVISIONS
A. PARKS AND RECREATION DEPARTMENT
CONCESSION AREAS OPERATION
1. It is the declared and acknowledged intent of these documents to provide for
the Operation of Parks and Recreation Department Concession Areas. All products sold
by the concessionaire shall be of the best quality and at reasonable prices based on the
prevailing prices for like commodities elsewhere in the City of Pueblo. The Concession
Areas, together with all equipment therein, and personnel shall be kept absolutely clean
and presentable in dress and person. The concessionaire shall provide such standards of
operation as to insure prompt and courteous service to the patrons, quality products, and
at the same time assure a fair return to the concessionaire.
2. The concessionaire will keep himself fully informed of all laws, ordinances,
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rules and regulations in any manner affecting his operations under the Contract and of
all orders and decrees of bodies or tribunals having jurisdiction or authority over the
same. He will at all times observe and comply with all such existing and future laws,
ordinances, regulations, orders and decrees of bodies or tribunals and will protect the
City against any claim or liability arising from or based on the violation of any such law,
ordinance, regulation, orders, and decree whether by concessionaire or by his employees.
He will procure all permits and licenses, pay all charges, taxes and fees and give all
notices necessary and incident of the proper and lawful operation of this business under
this license.
3. In the event of conflict between these Special Provisions and the General
Provisions, the Special Provisions shall govern.
4. The term of the contract shall be from 12:01 A.M., April 15, 1996, through
midnight April 15, 2001, with option to renew by City Council for an additional term of
five (5) years upon the same terms and conditions.
5. Concessionaire understands and agrees that schedule changes for programs
conducted by the Parks and Recreation Department may differ from the present
operation and revision in hours of operation of the Concession Areas required by such
changes shall be mutually agreed upon.
6. Concessionaire understands and agrees that special events will occur in the
public parks or buildings in which the Concession Areas are located and the
concessionaire will be expected to cooperate with the Parks and Recreation Department
and sponsors of such special events. The City shall approve the concessionaire
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sponsorship of any promotion or special event.
7. City may for any reason and for any period, close the public facility within
which a Concession Areas is located. The concessionaire will not be required to remain
open when the public facility is closed, but may remain open if he so desires. No
reduction in amounts payable to the City under the Contract will be allowed for such
closing.
8. All advertising signs of any type must be approved by the Director of Parks
and Recreation.
9. All products and food or drink for consumption shall be subject to prior
approval by the Director as to type and method of service, specifically, greasy foods,
dressings, popcorn, paper napkins and tissues shall not be served inside any swimming
pool facility. Products or food or drink that create problems of excessive clean -up or
control within any public facility or on the adjacent areas are prohibited.
10. The concessionaire shall make no alterations, changes or revamping, moving,
or remodeling of any Concession Area, without a permit in writing therefore signed by
the Director and in addition thereto, shall obtain all permits required for such work
under the ordinances of the City of Pueblo or Laws of the State of Colorado. The
concessionaire shall not load or permit any part of the Concession Area to be loaded or
stored with a weight that will endanger its safety. The concessionaire shall not overload
any utility line, receptacle, valve or outlet in such a manner that will endanger the safety
of any building or facility or of any person. Equipment shall be located as not to disturb
or alter the appearance of the Concession Area.
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11. The City will provide the Concession Areas and utility connections as detailed
under specific location information. The concessionaire shall furnish all necessary
equipment for his own use and shall confine the same to the specific Concession Area
where the equipment will be used.
12. LOCATION
The location of the Concession Areas, are described below. The concessionaire
shall be limited to the specific Concession Area designated below and shall not peddle or
hawk his wares in any other portion of the public park or facility wherein the Concession
Area is located. On special occasions, the Director may permit the concessionaire to
accommodate large crowds and additional patronage by setting up tables and /or
dispensers outside the specified Concession Area but in close proximity thereto. The
permission of the Director for such expanded operation should be obtained at least ten
(10) days in advance whenever possible.
B. SPECIFIC LOCATION INFORMATION
CONCESSION AREAS
I. City Park Swim Pool Concession Area
A. Comprises approximately 260 square feet of usable floor space at ground level
for service to patrons, both inside and outside of the Pool enclosure. The remainder of
the swim pool building and grounds are not available for storage or other use by the
concessionaire. No adjustments will be made for minor variations in available space.
B. The concessionaire will be expected to provide all necessary equipment needed
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to perform the functions set forth in the said concession contract.
C. The hot and cold water, natural gas, and electrical utilities are to be provided
by the City of Pueblo. The concessionaire will provide the telephone.
D. This Concession Area also serves City Park's three (3) playing fields.
II. Mineral Palace Park Swim Pool Concession Area
A. Comprises approximately 264 square feet of usable floor space at ground level
for service to patrons, both inside and outside of the pool enclosure. The remainder of
the Swimming Pool building and grounds are not available for storage or other use by
the concessionaire. No adjustments will be made for minor variations in available floor
space.
B. The concessionaire will be expected to provide all necessary equipment needed
to perform the functions set forth in said concession contract.
C. Hot water, natural gas and electrical utilities are to be provided by the City
of Pueblo. Concessionaire will provide water service and telephone.
III. Minne ua Park Swim Pool Concession Area
A. Comprises approximately 114 square feet of usable floor space at ground level
for service to patrons, both inside and outside of the pool enclosure. The remainder of
the Swimming Pool building and grounds are not available for storage or other use by
the concessionaire. No adjustments will be made for minor variations in available floor
space.
B. The concessionaire will be expected to provide all necessary equipment needed
to perform the function set forth in the said concession contract.
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C. Electrical utility will be provided by the City of Pueblo. Concessionaire will
provide water, natural gas and telephone.
IV. Mitchell Park Swim Pool Concession Area
A. Comprises approximately 98 square feet of usable floor space at ground level
for service to patrons, both inside and outside of the pool enclosure. The remainder of
the Swimming Pool building and grounds are not available for storage or other use by
the concessionaire. No adjustments will be made for minor variations in available floor
space.
B. The concessionaire will be expected to provide all necessary equipment needed
to perform the function set forth in the said concession contract.
C. Water, natural gas, and electrical utilities will be provided by the City of
Pueblo. The Concessionaire will provide the telephone.
V. Stauter Playing Field Concession Area
A. Concession Area comprises the area approved by the Director and needed to
service the participants and observers of sport activities being conducted on the fields at
various seasons of play.
B. The concessionaire will be expected to provide all necessary equipment needed
to perform the function set forth in the said concession contract.
C. Concessionaire will provide portable utility sources.
VI. Other Playing Field Concession Areas
A. Concession area comprises the area approved by the Director and needed to
service the participants and observers of sport activities being conducted on the fields at
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various seasons of play.
B. The Concessionaire will be expected to provide all necessary equipment needed
to perform the function set forth in the said concession contract.
C. City of Pueblo playing fields to be serviced by the concessionaire and dates
and times will be specified by the Director.
VII. City Park Play Ground Concession Area
A. Concession Area is the area commonly known as the Playground Area and
comprises approximately 520 square feet of usable floor space at ground level for service
to patrons. This Concession Area, does not include any other portion of the City Park.
B. The concessionaire will be expected to provide all necessary equipment needed
to perform the function set forth in this Contract.
C. The concessionaire shall provide all water, electricity, natural gas, telephone,
and sewage requirements for his operation without expense to the City.
VIII. Physical Facilities, Equipment Examination:
A. Concessionaire shall inform himself of the conditions in existence of the
Concession Areas before submitting his bid and no allowances shall be made by any
reason of any matter or thing concerning which he might have fully informed himself
prior to the bidding.
B. The concession Areas shall be utilized to serve the patrons of the facility and
not as a supply source for other concessions.
C. The concessionaire shall provide for the trash receptacles and for the removal
services for daily removal of all waste, garbage, trash or refuse associated with his
35
operation. The concessionaire shall keep Concession Areas clean within a one hundred
foot (100 radius of the Concession Area and deposit the debris in his receptacles and
remove same at his expense. At no time will he be permitted to utilize the Parks and
Recreation dumpsters or removal service.
VIX. Operating Periods
A. Concessionaire shall open and operate the Concession Areas to adequately
accommodate and serve the public during the times activities are conducted at the public
swimming pools and facilities wherein the Concession Areas are located. The dates and
times of concessionaire's operations at each Concession Area shall be designated by
Director after consultation with the Concessionaire. If Concessionaire does not agree with
such dates and times designated by Director, Concessionaire may submit such dispute to
the City Manager for resolution. The decision of the City Manager shall be final and
binding on Concessionaire and Director.
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t
C. EXPERIENCE RECORD
I (we) list below concessions or businesses of a similar type which I (we) have
conducted in the past, giving:
a) Year(s) Business Operated
b) Location
c) Description of Operation
(Use balance of page if further description is desired)
DESCRIPTION OF
YEARS) LOCATION OPERATION
20 years Pueblo City Concessions Counter Service
12 years State Fair Concessions Grill, Bar.
Included at different Catering, Hawking,
times: Grandstand, Counter Service
Coor's Pavillion. Stroh's _
Tent, killer's Tent,
Blue Ribbion Room,
Livestock Pavillion,
Agricultural Palace
Signature
PROJECT NO. 96 -005
Concessionaire will pay to City the greater of:
MINIMUM ANNUAL GUARANTEE $ 2,500.00
•'
PERCENTAGE OF GROSS SALES 3 1/2 percent of gross sales up to
$ 74,200.00 annually plus 25 percent
of gross sales in excess of
$ 79,800.00 annually.
FIRM OR INDIVIDUAL: Frank Sagona
ADDRESS: 230 Fordham Circle, Pueblo, Colorado 81005
SOCIAL SECURITY NUMBER: 521 -54 -0134
a
y i
i
CITY OF PUEBLO
PURCHASING DEPARTMENT
230 SOUTH MECHANIC STREET
PUEBLO, COLORADO 81003
PROJECT NO.: 96 -005
a
OPERATION OF PARKS AND RECREATION
CONCESSION AREAS
ic ARTICLE I
A. ADVERTISEMENT FOR BIDS
To whom it may concern:
The City of Pueblo will receive sealed bids up to the hour of 10:00 A.M. on the 4th
day of March, 1996, at the office of the Purchasing Agent, 230 South Mechanic Street,
Pueblo, CO, 81003, for the following:
PROJECT NO.: 96-005
PROJECT NAME: OPERATION OF PARKS AND RECREATION
DEPARTMENT
CONCESSION AREAS
In general, the work shall consist of the operation of concession areas at Mineral
Palace Park, City Park, Minnequa Park and Mitchell Park Swimming Pools, City Park
Playground, Ball Fields at City Park and Stauter Field and other specified playing fields.
Contract documents may be obtained from the office of the Purchasing Agent of
the City of Pueblo.
Each bid must be accompanied by a Certified Check, Cashier's Check, Postal
Money Order or Bid Bond in the amount of five (5) percent of the MINIMUM ANNUAL
GUARANTEE, payable to the City of Pueblo as a guarantee that if the bid is accepted,
the bidder will execute and file the proposed contract and bond within ten (10) days from
the date of the award of the contract by the City Council.
All bids must be received by the office of the Purchasing Agent before the time
specified and enclosed in sealed envelopes plainly marked: CONTRACT PROPOSAL,
PROJECT NO. % -005, PARKS & RECREATION DEPARTMENT CONCESSION
AREAS.
Bids will be opened and publicly read immediately following the scheduled times
for receipt of same, at which time all bidders and interested parties may be present.
DATED at Pueblo, Colorado this 5th day of February 1996.
At
Art Croissant - Purchasing Agent
City of Pueblo, Colorado
B. REQUEST FOR QUOTATION NO 96 -005