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HomeMy WebLinkAbout1997 Ordinance No. 032' , . ( ORDIN/\...l~CE NO . 3.). SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING A CONTRACT FOR THE ENGLEWOOD PUBLIC LIBRARY FOOD AND BEVERAGE SERVICE. WHEREAS, the Englewood Library wishes to make its patron's visit to the Library more enjoyable by providing them with a basic selection of food and beverages; and WHEREAS, the Englewood Library Board and Library staff have researched various ways of improving the overall ambiance of the Library as well as ways to attract additional users to the Library; and WHEREAS, a number of other neighboring library systems have already entered into this service and it is also becoming quite popular in bookstores; and WHEREAS , the concessionaire of the Food and Beverage Service to the Englewood Library will provide basic samples of coffee, teas , soft drinks , sweet rolls , etc . for sale to Library patrons ; and WHEREAS , the Contract specifies that the Concessionaire will pay the City a monthly fee to cover the cost of providing the space and electricity necessary t o provide this service with all other profits belonging to the Concessionaire; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood , Colorado hereby authorizes the Contract for Englewood Public Library Food and Beverage Service attached hereto a s Exhibit A. Introduced, read in full , and passed on first reading on the 21st day of April , 1997 . Published as a Bill for an Ordinance on the 24th day of April, 1997. Read by title and passed on final reading on the 5th day of May, 1997. Published by title as Ordinance No . .Q., Series of 1997 , on the 8th day of May, 1997 . ~dlk Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No.~ ~ -~a Loucrishia A. Ellis -2-2 ~ . , . CONTRACT FOR ENGLEWOOD PUBLIC LIBRARY FOOD & BEVERAGE SERVICE e THIS contract, hereinafter called "Contract '', made and entered into this day of , 1997, by and between the CITY OF ENGLEWOOD, a Colorado munic ipal corporation, hereinafter referred to as "C ity", and MJH Enterprises , Inc. hereinafter referred to as "Concess ionaire "; WITNESSETH: WHEREAS City and Concessionaire desire to enter into an exclusive use Contract for the management of the Food & Beverage Service located at the Englewood Public Library; NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter, the parties hereto agree as follows: Sec:i on 1. STATEMENT OF INTENT. Tne purpose of this Contract is to provide limited food and beverage services to the public and staff members using the Library. Sect ion 2. GRANT. The City hereby grants exclus ive use to Concessionaire the portion of the Library designated by the Library Direc t or or his des ignee for this concession, located at 3400 South Elati Street, Englewood, CO 80110, for the purposes of serv ing food and beverages, not includling alcohol ic beverages. Sect ion 3. OPERATION. Prn oosed food and beverage operations shall be allowed within the public and staff areas of the Library . Nothing herein .ves Concessionaire any right to interfere with or participate in the operation of the Library as a library. Sec:ion d . TE R M OF CONTRACT. a. The City hereby grants to Concessionaire the right of exclusive concess ion privilege pursuant to the terms of this Contract for a term of SIX MONTHS commenc ing on , 1997, the date of this Contract, and ending on 1997, unless the term of the Contract is terminated as hereinafter prov ided . b. Following acceptable operat ion cf the service by the Concessionaire by the City, the C ity shall extend this Contract for a period mutually agreeab le to both parties but not to exceed 3 years. Sec :i on 5. USE OF LIBRARY FOR CONCESSION. a. The Concess ionaire shall have the right to use the designated area for the purpose of serving food and/or beverages, not including alcoholic beverages, for consumption by the Library public and staff. However, nothing in th is lease shall be construed to authorize that which is prohibited under United States , State or local law, ordinance , code or regulation. Concessionaire shall operate in a careful, safe, quiet, orderly, and businesslike manner. Concessionaire shall not use or permi t the premises to be used for any purposes that is prohibited under the laws of the United States , statutes of the State of Colorado, or ordinances, regu lat ions or codes of the City of Eng lewood . b. Concessionaire shall provide food and /or beverages, not including alcoholic beverages, in the Library through the use of a stand. Said stand shall be in the form of a safe and standard food service appliance that is portab le and lockable when not in operation. Use of a stand shall not interfere with the operation of the Library. Service to the pu bli c and staff in the Library shall be reviewed by the library Director or his designee on a regular basis. Sedan 6. EXCLUSIVE RIGHT. • City hereby grants to Concessiona ire the ri ght to the designated area in the Library to operate a food and beverage stand. E x H I B I T Al b. The City and Library reserve the right, and grants this same right to any and all other City and non-City groups, to bring in food and beverages from other outside sources for any meetings or functions using the Library Conference Rooms. However, any such food items shall not be sold or otherwise distributed either outside or inside of the Library. c. The City and Library reserve the right to allow non-profit organizations such as the Friends of the Library to conduct periodic "Bake Sales" or other fund-raising efforts to benefit the Library or other City department d. The Concessionaire shall operate consistent with the atmosphere found in a public library. Section 7. MENU SELECTION. The Concessionaire shall provide a public menu listing available food and beverage items along with current pricing. Concessionaire reserves the right to modify the contents of the menu and the prices of those contents to meet its needs subject to the final approval of the Library Director or his designee. Section 8. HOURS OF OPERATION. a. The Library is open to the public on the following days and times: Monday through Thursday 10:00 a.m. -9:00 p.m. Friday and Saturday 10:00 a.m. -5:30 p.m. Sunday* 1 :00 p.m. -5:00 p.m. • The Library is closed on Sundays from Memorial Day through Labor Day and on Easter Sunday The Library is closed on designated City holidays . b. The Concessionaire sha ll operate the food and beverage service within the above days and times as agreed upon between the Concessionaire and the Library Director or his designee. c. Proposed changes by the Concessionaire to the hours of operation of the food and beverage service shall be made in writing to the Library Director or h is designee. Changes in hours of operation may be modified upon written approval from the Library Director or his designee. Section 9. OPERATION , MAINTENANCE, REPAIR AND REPLACEMENT. a. The Concess ionaire shall be responsible for the operation. maintenance, repairs and replacement of food and beverage stand unless such cost is due to negligence or other acts by the Library or City. C ity shall make every effort to protect the proper of Concessionaire after hours, but it shall be responsibility of Concessionaire to properly secure his property at t he end of each business day . b. The Concessionaire shall be responsible for any and all damages to the Library or to Library and/or City property resulting from improper use of the food and beverage serv ice by Concessionaire or its designee. c. Concessionaire may temporarily close the food and beverage service for cleaning, repair, and/or maintenance to the food and beverage stand under a mutually agreed upon schedule. City reserves the right to temporarily close the Library as may be necessary to implement changes in its operation or physical area. d. Concessionaire shall suoply a pan, mat, or other method to protect carpet for floor of Librlary from grease, food, or spills, subject to approva l of Library Director or his designee. Section 10. PAYMENT , UTILITIES AND FEES. The City agrees to provide a designated space with in the Library to the Concessionaire at no charge other than the monthly utility fee of $25 .00 per month to cover the cost of providing an electrical outlet and power necessary to operate A the food and beverage serv ice. All profits from the operat ion of the food and beverage service shall remain the property W of the Concessionaire. ,· · Section 11. JANITORIAL SERVICE AND TRASH REMOVAL. a. The City shall be responsible for the reasonable cost of trash removal and janitorial service for the Library. e. The Concessionaire is responsible for daily cleanup associated with the operation of the food and beverage service .. At the close of each business day, Concessionaire shall bag all trash daily for removal by City janitorial staff. c. Concessionaire shall periodically remove food-related trash (e.g. empty cups) from public areas of Library (e .g. floors, tables, chairs) in order to maintain acceptable appearance of facility . Section 12. PARKING FACILITIES. The .:;ity shall maintain at its own expense all parking related to the Library . Concessionaire shall park in an area mutually acceptable between Concessionaire and Library Director or his designee. SIGNS AND PROMOTIONS. a. The City and the Concessionaire shall share proportionately as may be previously determined and mutually agreeable in the cost of installation and maintenance of any sign or signs at the Library promoting the food and beverage service service, and contain ing language that is mutually agreeab le. b. All marketing, advertising, promotion materials, and signage to be used by the Concessionaire shall first be submitted to the City for its approval. Secti on 14. PHYSICAL FACILITY AND EQUIPMENT. a. The City agrees to provide space and electrical power for the operation of a food and beverage service . The City may, at its determination , relocate the Concess ionai re to another area of the Library , de pending on the spacial and/or operationa l needs of the Library. In suc h case , the cost of relocating the electrial i:o wer fo r th e operat ion of the food and beverage service shall res t w it h the City. c. Concess ionaire shall be prov ided access to Staff area facilities , e.g. water and s ink , as may be necessary to c onduct operations . Any blockage of sink d rains created by t he Co ncess ionaire shall be remedied at the cost to t he Concessionaire. Sec ti on 15. THEFT AND DAMAGE SECURITY. The Concessionaire is responsible for the obtaining of theft and damage insurance covering all equipm ent, food and other s upplies and personal property of Concess ionaire. Such po licies shall contain no right of subrogation aga inst the City. The Concessionaire shall provide a copy of t he policy to the Library Director or his des ignee . Section 16. PERSONNEL. a. The Concessionaire will not discrim inate aga inst any emp loyee or app li cant for employment because of race , color, religion, sex, sexual orientati on , or national origin and will comp ly w ith th e Americans wit h Disa bili ties Act. The successfu l Concess ionaire shall adhere to acceptable affi rmative act ion guidelines in se lecting employees and shall ensure that emp loyees are treated during employment, wi thout regard to their race, color, relig ion . sex, sexual orientation , or nat ional origin . Such action shall include, but not be limited to, the following: emp loyment, upgrad ing , demotion , or transf er, recruitment or recruitment advertis ing; layoff or termination , rates of pay or et her forms or compensation ; and se lect ion for tra ining, including apprenticeship. b. The Concessionaire shall at its own expense employ such qual ified personnel as may be necessary for t he operation of the food and bevera ge service and shall require all personnel to be clean , po li te , and courteous in their e transactions with the pub li c. c. The Con ces si onaire shall give training , personal supervis ion and direction to the safe operation of the food \and beverage stand , and when absent keep competent pe rsonne l in charge. d. The City shall not be respons ible for the wages or salaries of any employee or representative of the Concess ionaire, nor for any debts, liabilites or other obligations of the Concessionaire. e. Neither the Concessionaire nor the employees of Concessionaire who perform services pursuant to the Contract shall be considered employees, servants or agents of the City of Englewood as a result of the performance of services under the Contract. f. Violence or acts prohibited by law committed by Concessionaire or employees of Concessionaire shall cause immediate termination of the Contract. g. Concessionaire shall provide the City with the names and emergency phone numbers of all employees , and must notify City in writing if any of these employees are terminated. Section17. LICENSES AND PERMITS. Concessionaire, at its own expense shall secure any and all licenses and permits for the operation of a food and beverage service within the library. These are to remain in force during the duration of this Contract. Sec ti on 18 . COMPLIANCE WITH STATE AND CITY HEALTH CODES. Concessionaire shall keep all concession areas in a safe , clean and sanitary condition at all times and shall comply with all state, county and city health laws relating to the dispensing of food and beverages. Section 19. INSURANCE AND INDEMNIFICATION. a. Concessionaire shall be required to have sufficient property, liability, and workers compensation insurance and to provide the City with copies of the Certificate of insurance. b. Concessionaire shall at Concessionaire 's own expense keep in full force and effect during the term of this Contract statutory Workmen 's Compensation coverage. e c. INDEMNIFICATION: Concessiona ire agrees to indemnity and hold harmless the City of Englewood, its officers , employees , insurers, and self-insurance pool , from and against all liability, claims, and demands, on amount of injury , loss or damage, of any kind whatsover, which arise out of or are in any manner connected with Concessionaire, if such injury, loss, or damage is caused in whole or in part by the act, omission , or other fault of Concessionaire. or any officer or employee of Concess iona ire . The Concessionaire agrees to investigate, handle, respond to , and provide defense for any such li ability , c!aims, or demands at the sole expense of Concessionaire, and agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not such liability, claims or demands alleged are groundless, false , or fraudulent. d. INSURANCE: Concessionaire shall procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all obligations assumed by Concessionaire pursuant to this Contract. 1. Concess ionaire shall procure and continuously maintain the minimum insurance coverages listed below, with forms and insureers acceptab le to the City of Englewood. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continious coverage . a) General Liability and Productsi Completed Operations Insurance with maximum limit of $1 million per occurrence/$2 million annual aggregate. b) Fire and Extended Coverage Insurance shall be provided by the City on the Library. Concessionaire shall be solely responsible for securing and paying for insurance coverage on those improvements and conte nt s belonging to Concessionaire located in the Library. Concessionaire hereby express waives any cause of action or right of recovery which Concessionaire may hereafter have against the City for any loss or damage to Library or to any contents or improvements thereto belonging to either party, caused by fire or exp losion. c) The policies required above shall be endorsed to include the City of Englewood and the City of Englewood's officers and employees as additional insured. Every policy required above shall be primary insurance. and any insurance carried by the City of Englewood, its officers , or its employees , or carried by or provided 4 through any self-insurance pool of the City of Englewood shall be excess and not contributory insurance to that provided by Concessionaire. d) The Certificate of Insurance provided to the City of Englewood shall be completed by the Concessionaire's insurance agent as e.vidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Englewood prior to commence- ment of the Contract. No other form of Certificate shall be used. The Certificate shall identify this Contract and shall provide that the coverages afforded under this Contract shall not be cancelled, terminated, or materially changed until at least 30 days prior written notice has been given to the City of Englewood. The compieted certificate of insurance shall be sent to: Purchasing Department City of Englewood 3400 South Elati Street Englewood, CO 80110 A certified copy of any policy shall be provided to the City of Englewood at its request. e) The parties hereto understand and agree that the parties are relying on, and do not waive or intend to waive by any provision of this Contract, the monetary limitations (presently $1 million per occurrence and $2 milli on aggregate) of any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act , C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to th e partie s , their off ic ers , or their employees. 2. A certificate evidencing said insurance policy shall be kept on file with the Purchas ing Department of the City of Englewood and shall have a provision that the same shall not be altered, amended, or canceled without first giving written notification thereof to the City thirty days prior thereto. Concessionaire further agrees to indemnify the City for any claims brought against the City because or on account of Concessionaire 's operation. rction 20. FIRE OR NATURAL DISASTERS. In the event fire or natural disaster renders the Library and its concession facilities inoperable, and such concession facilities are not open and operable within a period of'thirty (30) days from the time of such disaster, Concessionaire has the right to terminate this contract with the City under Section 22, Termination of Contract, conta ined herein. Section 21. TENANT RECORDS . Concessionare shall provide the City with a monthly sales report, broken down by day. Section 22. TERMINATION OF CONTRACT. a. This Contract may, at any time, be terminated by either party upon thirty (30) days written notice to the other without cause b. The parties may terminate the Contract by giving thirty (30) days written notice of a vio lation of this Contract, citing specific examples therein. Section 23 . DELIVERY AND REMOVAL UPON TERMINATION. Concessionaire will deliver the premises at the termination of this Contract in as good cond iti on and state of repair as when received, except for ordinary wear and tear or loss or damaged caused by an act of God. Upon termination Concession - aire shall have the right to remove any supplies or persona l property belonging to or installed by the operator, subject, however, to any valid lien or claim which City may have for unpaid fees. Provided also that if said removal causes any damage to th e premises, said Concessionaire shall repair the same in a proper and satisfactory manner at its own 'pense. Section 24 . NOTICES . All notices, demands and communications hereunder shall be personally served or given by certified or registered mail , and: 5 a. If intended for City, shall be addressed to City at: City of Englewood Attention: Library Director 3400 South Elati Street Englewood, CO 8011 O with a copy to: City of Englewood Attention: City Attorney 3400 South Elati Street Englewood, Colorado 80110 b. If intended for Concessionaire, shall be addressed to Concessionaire at:: MJH Enterprises, Inc. 995 East Otero Avenue Littleton, CO 80122 c. Any notice given by mail shall be deemed delivered when deposited in a United States general or branch post office, addressed as above, with postage prepaid, or when served personally at the applicable address. Section 25. ENTIRE CONTRACT. This Contract, together with the exhibits attached hereto: a. Contains the entire Contract between the parties; and b. Shafi be governed by the laws of the State of Colorado The successful Concessionaire shall have no right or power to assign or transfer this Contract, except by prior written permission of the City of Englewood. Section 26. SEVERABILITY If any clause of provision of this Contract is illegal, invalid or unenforceable under present or future laws effective during the term of this Contract, then and in that event, it is the intention of the parties hereto that the remainder of this Contract shall not be affected thereby. It is also the intention of the parties to this Contract that in lieu of each clause or provision of this Contract that is illegal, invalid or unenforceable, there be added as a part of this Contract a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 27. CAPTIONS The caption of each Section is added as a matter of convenience only and shall not be considered in the construction of any provision or provisisions of this Contract. Section 28. BINDING EFFECT All terms, conditions and covenants to be observed and performed by the parties hereto shall be applicable to and binding upon their respective heirs , administrators, executors, successors and assigns . IN WITNESS WH EREOF, the parties hereto have hereunto set their hands and seals as of this day and year first above written. ~?ITY OF ENGLEWOOD, COLORADO .,-city' Tom Burns, Mayor A.TIEST: City Clerk 7 ,• Date April 21, 1997 INITIATED BY Library Department COUNCIL COMMUNICATION Agenda Item 10 a vi STAFF SOURCE Hank Lonq COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Subject "Food & Beverage Service" for the Enqlewood Public Library The Library proposes to provide its patrons with a basic selection of food and beverages to make their visit to the Library more enjoyable. RECOMMENDED ACTION The Library Department and the Library Board recommend City Council approval of a Ordinance authorizing the Library Department to contract with MJH Enterprises, Inc. for th e provision of a limited food and beverage service tor Englewood Library patrons. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In its "EPL 2000" current five year. plan, the Library Board and Library Staff examined various ways of improving the overall amb iance of the Library as well as ways to attract additional users to the Library. One of the ideas ottered and supported formally by the Library Board in subsequent meetings was the addition of a ''food and beverage service" that would provide a basic sampling of coffee, teas, soft drinks , sweet rolls, etc. for sale to our patrons . A number of other neighboring library systems (e .g. Arapahoe Library District , Boulder) have already entered this service , and it's becoming quite popular in bookstores such as the Tattered Cover. We feel that this service will be an added attraction for our customers . FINANCIAL IMPACT The contract specifies that the Concessionaire will pay the City a monthly fee of to cover the cost of providing the space and electricity necessary to provide the service. Any and all other profits belong to the Concessionaire . LIST OF ATTACHMENTS Ord in ance