Loading...
HomeMy WebLinkAboutCORRESPONDENCE - GENERAL CORRESPONDENCE - 8422 SOUTHRIDGE GOLF COURSE RESTAURANT SNACK BAR CONCESSIONAIREOfficial Purchasing Document Last updated 3/2018 Page 1 of 9 AMENDMENT #02 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE SANDTRAP INC. DBA MACKENZIE’S PUB & GRILL This Second Amendment (Amendment #02) is entered into by and between the City of Fort Collins (the “City”) and THE SANDTRAP INC. DBA MACKENZIE’S PUB & GRILL (the “Concessionaire”). WHEREAS, the Concessionaire and the City entered into an Agreement effective January 1, 2017 (the “Agreement”); and WHEREAS, the Concessionaire and the City entered into an Amendment effective October 15, 2020 (the “Amendment #01”); and WHEREAS, Concessionaire and the City desire to amend the Agreement to extend the term of the Agreement and incorporate changes to staffing requirements, fees and general terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Article 6, Term, is hereby extended as approved by City Council Ordinance 112, 2021 as follows: The term of this Agreement shall be extended and commence on January 1, 2022 and unless terminated sooner, shall expire on December 31, 2022. This Agreement shall automatically renew for up to four (4) additional one (1) year terms unless the Contractor is in default beyond any applicable cure period or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety days prior to the anniversary date of the Agreement. 2. Article 2, Concessionaire’s Use of the Clubhouse and the Concession Space, Subparagraphs 2.3 is hereby revised and replaced as follows: 2.3 Restrictions on Items Offered for Sale. Concessionaire may offer such non-food or non-beverage items as are incidental to its food and beverage service, except for smoking instruments, tobacco and CBD products, pursuant to Section 2.2. 3. Article 4, Undertakings of Concessionaire, Subparagraphs 4.4, 4.5 and 4.9 are hereby revised and replaced as follows: 4.4 Concessionaire Personnel. Concessionaire shall take such measures as are reasonable for any employer to control the conduct and demeanor of its agents and employees. If the City so requests, Concessionaire agrees to supply and require its employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form of which shall be subject to prior and continuing reasonable approval of the City. Nothing in this Section 4.4, Exhibit B attached hereto, or any other provision of this Agreement as it concerns Concessionaire's obligation to control the conduct and demeanor of its employees and agents is intended by the parties to benefit any third party, including without limitation, any member of the public. The Concessionaire shall have such liability to third parties DocuSign Envelope ID: 73E7EA18-93AD-4ABE-A1E4-7001B7CDB9CA Official Purchasing Document Last updated 3/2018 Page 2 of 9 as may be ascribed to them by law (if any), and nothing in this Agreement shall be construed or interpreted to alter, modify or expand such liability. 4.4.1 The Concessionaire agrees to provide to the City upon request at all times a current list of employees, volunteers, and other representatives or agents of Concessionaire that will be working on behalf of the Concessionaire in providing services to the City under this Agreement. The Concessionaire shall keep a written record of all hours worked by volunteers and provide this information to the City on a monthly basis or upon request. The Concessionaire and the City acknowledge and agree that certain services provided by Concessionaire will require that certain employees, volunteers, and other representatives or agents of the Concessionaire act in positions of trust which will entail the handling of and accounting for funds of the City and City property, or direct contact with youth and members of the general public. Accordingly, Concessionaire agrees to facilitate, prior to acceptance of employment, background screening of all employees, volunteers, and other representatives or agents of the Concessionaire in positions of trust at Concessionaire’s expense. 4.4.2 In the event that a background check, or any other information available to the Concessionaire or the City, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competency or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed or allowed to volunteer in connection with the services or activities required or permitted under this Agreement and, upon request, City shall provide a written statement to Concessionaire outlining its concerns and advising Concessionaire that it may not employ such person or persons.. 4.4.3 The following constitute unacceptable personal conduct that the parties acknowledge and agree shall be subject to reasonable objection by the City. The parties acknowledge this list is not meant to be exhaustive, and other conduct not listed in this Section may be determined by the City to reasonably impair Concessionaire's ability to provide satisfactory services under this Agreement and may also give rise to a reasonable objection by the City to which Concessionaire shall be expected to respond as set forth herein. In the event the Concessionaire, or anyone providing services for the Concessionaire commits any of the following examples of unacceptable conduct or fails or refuses to take reasonable action to correct such conduct by any person providing services for or on behalf of Concessionaire hereunder, the City may give Concessionaire notice of violation and proceed in the manner as set forth in Section 17.1.9. A. Commission or conviction of a felony, or of any crime involving moral turpitude; B. Theft or misuse of City money or property; C. Harassment of, or discrimination against, any individual based on race, religion, national origin, age, sex, sexual orientation or disability, including any breach of the terms set forth in Exhibit F, attached hereto; DocuSign Envelope ID: 73E7EA18-93AD-4ABE-A1E4-7001B7CDB9CA Official Purchasing Document Last updated 3/2018 Page 3 of 9 D. Falsification, unauthorized use or destruction of City records, reports or other data or information belonging to the City; E. Abusive or threatening treatment of any person, including, but not limited to physical or verbal confrontation; F. Using, consuming, possessing, having in the body or distributing alcohol (except in the normal performance of concession services) or controlled substances during working time; G. Destruction, loss or abuse of City property; H. Unauthorized use of City equipment or property for personal use; or I. Possessing or maintaining sexually explicit materials on City property; J. Failure to meet the City’s reasonable performance expectations. 4.4.4 Concessionaire will ensure that all employees have received Training for Intervention Procedures (TIPs) On-Premises Certification, and that all employees complete the requisite TIPs recertification by the third anniversary of their certification date, and every three years thereafter. Concessionaire will ensure that all employees have not had any violations of the Colorado Liquor Code, Colorado Code of Regulations, or any other alcohol related state law or municipal law ordinance in the past two (2) years. 4.5 Statements, Recordkeeping and Audits. 4.5.1 Concessionaire shall keep books and records of the business, including an accounting of all revenue and expenses of the concession operation, in accordance with good accounting practice and in such form as is satisfactory to the City. The Concessionaire hereby grants to the City the right to audit Concessionaire's books and records for its operation at the Concession Space and agrees to make available to the City, or its authorized representative, at any time, Monday through Friday inclusive, between the hours of 9:00 a.m. and 5:00 p.m., at the offices of the City or the CPP, at the City's election, all records, books and relevant related information as may be required for audit purposes. 4.5.2 Concessionaire shall submit annual financial statements, which shall include comprehensive expense and gross sales data, for the year to the designated City representative on or before February 28th of the following year. By signing this Agreement, the Concessionaire also authorizes the release of Concessionaire’s sales tax records and statements submitted to the City’s Sales Tax Department, by the Sales Tax Department to the City’s designated representative and City of Fort Collins Golf Division, with the understanding that such records and statements contain confidential information and shall be used for internal audit and record keeping purposes only. 4.9 Vending Machines/Beverage Carts. This Agreement does not contemplate Concessionaire's use of vending machines to supply food, beverages or incidental items during the April through September golf season. Any installation or use of vending machines is subject to the prior written consent of the City Representative. 4.9.1 Concessionaire shall be required to provide food and beverage services on the grounds of the golf course from April through September when a sufficient number of customers, as reasonably determined by the City, are golfing but no later than 10:00 AM. The concessionaire shall ensure a minimum of three DocuSign Envelope ID: 73E7EA18-93AD-4ABE-A1E4-7001B7CDB9CA Official Purchasing Document Last updated 3/2018 Page 4 of 9 points of contact with golfers playing a round of 9 holes, wherein the clubhouse counts for two points of contact, and requiring at least one contact on the course. Concessionaire shall ensure a minimum of five points of contact for golfers playing all 18 holes, wherein the clubhouse counts for two points of contact, the 19th hole one point of contact, and two additional contacts on the course. Concessionaire is responsible for providing the equipment necessary for meeting the afore mentioned requirements on the course. City-owned or leased golf cart or maintenance vehicles shall not be used for this purpose unless approved by the City. 4. Article 7, Fee for Conducting Business, is hereby revised and replaced as follows: 7.1 Concession Fee. For the privilege of conducting the concession operations hereunder, and the exclusive use of the Concession Space, the Concessionaire shall pay to the City seven percent (7%) of Gross Sales with a guaranteed minimum of Twenty-eight Thousand Dollars ($28,000) annually, where Gross Sales are all taxable sales as reported on the City of Fort Collins monthly sales tax return, as the Concession Fee. The seven percent (7%) Concession Fee shall become effective January 1, 2022. 7.2 Gross Sales Reporting. Concessionaire shall provide the City representative with a revenue report for each calendar month within ten (10) calendar days following the last day of each calendar month, so that the City can invoice the Concessionaire the appropriate Concession Fee in alignment with paragraph 7.3 below. 7.3 Time of Payment. The Concessionaire shall pay the Concession Fee as follows: 7.3.1 Initial annual payment: $20,000 by August 31st of each year. 7.3.2 Final annual payment: by February 28th of the subsequent year. 7.3.2.1 Concessionaire shall submit the annual gross sales report to the City by February 10th of the subsequent year. 7.3.2.2 The City will invoice the Concessionaire for the final annual payment calculated in accordance with Article 7.1 based on the gross sales report. 7.4 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due amounts at the rate of eighteen percent (18%) per annum from the due date, until paid. 7.5 Lien. In the event the Concessionaire does not make timely payment of the Concession Fee, the City reserves the right to place a lien on the Concessionaire’s trade fixtures, equipment and other personal property summarized in Exhibit C. 7.6 Method of Payment. Payment for all fees under Article 7 shall be by check or money order payable to the order of "City of Fort Collins-- Golf" and shall be mailed or personally delivered to the Accounting Department at 215 N Mason St, P.O. Box 580, Fort Collins, Colorado, 80522. 5. Article 8, Utilities, Maintenance and Janitorial Duties, is hereby revised and replaced as follows: 8.1 Utilities. The City will pay all charges for water, storm water, sewer, trash collection, recycling, basic clubhouse security system, basic bunker house security system, and electrical services to the Concession Space. Should over fill fees be applied by the DocuSign Envelope ID: 73E7EA18-93AD-4ABE-A1E4-7001B7CDB9CA Official Purchasing Document Last updated 3/2018 Page 5 of 9 trash and recycling collection provider, the fees will be split equally between the Concessionaire and the City. The Concessionaire shall be responsible for 50% of the cost of natural gas from April thru September. The Concessionaire shall be responsible for 15% of the clubhouse electric for April – September, the Cart Barn and bunker house being excluded from these charges. The City will provide the fuel for the Concessionaires beverage cart. 8.2 Common Area Maintenance and Repair. Common Area Maintenance is limited to: Common Area Maintenance  Janitorial Services  Dry Goods (toilet paper, towels, etc for restrooms)  Carpet Cleaning  Window Washing (interior & exterior)  Power Washing (sidewalks & patio spaces)  Hoods  Grease Traps  Fire Inspection Unless included in the Common Area Maintenance above or as otherwise set forth in this Agreement, the City shall facilitate and oversee all maintenance and repair of the Clubhouse building and Concession Space at its sole cost. 8.3 Equipment Maintenance and Repair. The Concessionaire will be responsible for 50% of the cost for repair/maintenance of City owned kitchen equipment defined in Article 9 and listed in Exhibit B. The equipment currently in the kitchen area which is owned by the City as set forth on Exhibit B may be used until such time as the equipment is no longer in useable condition, at which time replacement of equipment will be at the Concessionaires expense and is then owned by the Concessionaire. The City owned hood and grease trap shall remain the property of the City. The Concessionaire shall clean the hood system and grease trap at least two times per year and meet fire inspection requirements.. The Concessionaire will coordinate the schedule with the City. Notwithstanding anything to the contrary contained herein, the City shall not in any way be liable to the Concessionaire for failure to make repairs as herein specifically required of it unless the Concessionaire has previously notified the City in writing of a need for such repairs, and the City has failed to commence and complete said repairs within a reasonable period of time following receipt of the Concessionaire's written notification. 8.3.1 The Concessionaire shall neither hold nor attempt to hold the City liable for any injury or damage, either approximate or remote, occasioned through or caused by defective electrical wiring or the breaking or stoppage of plumbing or DocuSign Envelope ID: 73E7EA18-93AD-4ABE-A1E4-7001B7CDB9CA Official Purchasing Document Last updated 3/2018 Page 6 of 9 sewage upon the Concession Space/Area, whether said breakage or stoppage results from freezing or otherwise. 8.4 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space and its fixtures clean and in good sanitary condition as required by the ordinances, resolutions, and statutes and health, sanitary and police regulations of the City of Fort Collins, County of Larimer and State of Colorado. 8.4.1 Concessionaire shall thoroughly clean the entire Concession Space, including all equipment and fixtures, whether provided by the City or Concessionaire, the grills and exhaust, ovens, floors, sinks counters, refrigerators, grease trap and all coils, at least four times per year at minimum on the following schedule: once prior to, once during, and once after the close of the April through September golf season, and one additional time during the October to March off-season. The Contractor shall schedule inspections with the City representative after each scheduled cleaning and provide all receipts associated with such cleaning work. 8.4.2 Concessionaire is responsible for the ongoing cleanliness of the Concession Space in order to provide a clean and orderly appearance for golfers and the public, including but not limited to, busing and cleaning tables, chairs, patio deck, floor areas and common areas/hallways, removing trash accumulations to designated trash containers, and cleaning and stocking designated restrooms located in the clubhouse second floor, and the patio deck. 8.4.3 Concessionaire shall deep clean the carpeting at least two (2) times per year and more frequently as required. Receipts for proof of cleaning shall be provided to the City. 8.4.4 Concessionaire is responsible for snow removal on the walks leading to the restaurant. The City will plow the parking lot when two or more inches of snow accumulate. 8.4.5 Concessionaire is responsible for cleaning of trash enclosure and any walkway used to deliver trash/recyclables. This will include power washing the area a minimum of four times during the golf season (April-October). Receipts for proof of cleaning provided to the City 6. Article 9, Acceptance and Trade Fixtures, subparagraph 9.4, is hereby revised and replaced as follows: 9.4 Removal of Equipment, Trade Fixtures. Concessionaire shall have the right at any time during the term of this Agreement or upon termination and within ten (10) days thereafter, to remove all trade fixtures, equipment and other personal property subject to any valid lien the City may have thereon for unpaid Concession Fee pursuant to Article 7. Any property not so removed by Concessionaire upon termination shall become a part of the realty on which it is located, and title thereto shall vest in the City. 7. Exhibits B and C are hereby revised and replaced with Exhibit B-1, consisting of one (1) page, and Exhibit C-1, consisting of one (1) page, attached hereto and incorporated herein. DocuSign Envelope ID: 73E7EA18-93AD-4ABE-A1E4-7001B7CDB9CA Official Purchasing Document Last updated 3/2018 Page 7 of 9 Except as expressly amended by this Amendment #02, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement, Amendment #01 and this Amendment #02, this Amendment #02 shall prevail. IN WITNESS WHEREOF, the parties have executed this First Amendment the day and year shown. CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: THE SANDTRAP INC. DBA MACKENZIE’S BAR & GRILL By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 73E7EA18-93AD-4ABE-A1E4-7001B7CDB9CA Robert Dahl 1/24/2022 President1/24/2022 Official Purchasing Document Last updated 3/2018 Page 8 of 9 EXHIBIT B-1 CITY OF FORT COLLINS PROVIDED EQUIPMENT 2022 Basement  Folding chairs  Bathroom paper products inventory Dining Room and Bar  Bottle cooler  Glass shelving  Hank sink  Blinds and curtains  All trash cans  Benches and tables on patio  French doors  Cabinets and shelves  Fans  Walk-in cooler and compressor Kitchen  Dish sink and spray nozzle  Reach-in cooler  All hand sinks  Paper towel and soap dispensers  All trash cans  3 sink  Mops, brooms  Imperial oven  Imperial deep fryer  Reach-in freezer  Stainless steel prep line with sink DocuSign Envelope ID: 73E7EA18-93AD-4ABE-A1E4-7001B7CDB9CA Official Purchasing Document Last updated 3/2018 Page 9 of 9 EXHIBIT C-1 CONCESSIONAIRE PROVIDED EQUIPMENT 2022 Basement:  Artic Air Freezer  Pepsi machine and BIB rack  CO2 bottles  Wire shelves  Food & Beverage inventory  Paper product inventory  Igloo coolers  Chafing dishes  2 Toro maintenance carts  Yamaha maintenance cart  Office furniture  Sales records and receipts  Computer and printer  Wireless Internet module  TV and cables  Oak cabinet  Art work Kitchen  Food inventory  Sandwich/make table/cooler  Wire shelves  Cambro and Tupperware  All pots and pans  All china and flatware  Chemicals  Chafing dishes and hotel pans  Stainless steel prep table  Dishwasher  Soup warmers  Towels and aprons  Serving trays  Coffee machine and decanters  Speed rack and ticket hangers  Ice Machine  Gas flat top  Gas broiler  Microwave  Toaster  Bread cart  Tomato slicer  Spoons, ladles, turners, knives Dining Room, Bar, and Patio  Food, liquor, and beverage inventory  TV’s, brackets, and cables  Plants, artwork, and wall hangings  Planter boxes and flower barrels  Display coolers  Display racks  All Glassware  All tables and chairs  Pepsi gun and compressor  Can coolers  Glass chiller  Tap box and brass plate  All taps and tap handles  Bar stools and foot rail  Computer system and cash drawer  Pergola shade  Gas grill  Folding tables  All Mackenzie’s signage and logo  Wire racks in walk-in cooler  Pepsi cooler in closet  CO2 tanks  Chalk boards and dry erase boards  Hand cart  Ticket hangers  Phones  Ice well DocuSign Envelope ID: 73E7EA18-93AD-4ABE-A1E4-7001B7CDB9CA