Loading...
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 4 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 I 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 i CITY OF PUEBLO PURCHASING DEPARTMENT 230 SOUTH MECHANIC STREET PUEBLO, COLORADO 81003 PROJECT NO.: 96 -005 c 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. 2 i i x r , 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. 3 i I 1 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 c . � w i 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 6 e un 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 i 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 11 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. 12 (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 13 (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? 15 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: 16 (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. 18 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. 19 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 20 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. 21 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 23 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 C 1 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 26 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 27 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 28 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, 29 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 C 30 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. 31 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 C 32 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. 33 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 C 34 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. 36 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