HomeMy WebLinkAboutTHE SANDTRAP INC DBA MACKENZIES PUB AND GRILL - CONTRACT - RFP - SOUTHRIDGE CONCESSIONAIRESOUTHRIDGE GOLF COURSE
RESTAURANT/SNACK BAR
CONCESSION AGREEMENT
This Concession Agreement, hereinafter called the "Agreement," is made and entered into as of the I ith
day of December, 2006, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation, whose principal offices are at 300 LaPorte Avenue, Fort Collins, Colorado 80521,
hereinafter called "City," and, THE SANDTRAP, INC., dba MACKENZIE'S PUB & GRILL AT
SOUTHRIDGE, whose principal offices are at 5750 South Lemay Avenue, Fort Collins, CO 80525,
hereinafter called "Concessionaire."
ARTICLE 1
Concession Space
1.1 Definition of Concession Space. For the purposes of this Agreement, the "Concession Space"
shall mean the following areas at the SouthRidge Golf Course, 5750 South Lemay Avenue, Fort Collins,
Colorado, 80525:
1.1.1 The south half of the main floor in the Clubhouse building, restrooms, and common hallway,
plus the adjacent outdoor patio; and
1.1.2 The snack bar Bunker House and restrooms located between the first tee box and ninth green.
1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession Space for
the purpose of offering food, non-alcoholic beverages, licensed alcoholic beverages, and related services
primarily to golfers using the SouthRidge Golf Course and, incidentally, to the public.
ARTICLE 2
Concessionaire's Use of the Clubhouse and the Concession Space
2.1 In General. Subject to other limitations expressed in this Agreement, the City grants to
Concessionaire the right to exclusive use of the Concession Space and the right to use in common with
others the public areas of the Clubhouse building and the grounds of the SouthRidge Golf Course in
conjunction with its food and beverage operations (and for no other purpose) in such spaces and manner
as may be prescribed by the City.
2.2 Smoking. Smoking instruments and tobacco products of any kind will not be sold or
otherwise supplied by Concessionaire at SouthRidge golf course. Smoking is not permitted in any areas
of the clubhouse, on the adjacent patio within 20 feet of entrances, or the Bunker House. Concessionaire
shall comply with any other requirements of applicable Fort Collins City ordinances and Colorado state
law regarding smoking and tobacco products.
2.3 Restriction 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 and
tobacco products, pursuant to section 2.2.
2.4 Compliance with Applicable Law. The Concessionaire agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as all rules and
regulations, policies, and procedures adopted by the City or any of its Boards, Service Areas, Divisions
or Departments having jurisdiction over SouthRidge Golf Course.
11.1.2 In the event neither the City nor Concessionaire shall elect to terminate this Agreement, this
Agreement shall continue in full force and effect; and the City shall repair the Concession Space,
Clubhouse, or Golf Course excluding Improvements or equipment, signs, trade fixtures or other personal
property installed by Concessionaire, with all reasonable speed, placing the same in as good a condition
as it was at the time of the damage or destruction.
11.2 Concession Space Only Untenantable. In the event of destruction rendering only the
Concession Space untenantable, the City shall endeavor, but not be obligated to make substitute
premises available for Concessionaire's use. During any period of use by Concessionaire of such
substitute Concession Space, the City may direct that the Concessionaire's Fee shall be abated
proportionately.
11.3 Components Tenantable. If the Clubhouse, Concession Space or Golf Course shall be only
injured by fire or the elements to such extent so as not to render the same untenantable and unfit for use
and occupancy, the City shall repair the same with all reasonable speed.
11.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment and
other items of its personal property within five (5) days after request being made by the City.
11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused by
Concessionaire as more specifically addressed in Article 10 of this Agreement, the provisions of Article
10 shall govern in any conflict between Article 10 and Article 11.
11.6 No Claim by Concessionaire. No compensation or claim shall be made by or allowed to
Concessionaire by reason of any inconvenience or annoyance arising from the necessity of repairing any
portion of the Clubhouse or SouthRidge Golf Course, however the necessity may occur.
ARTICLE 12
Indemnification and Insurance
12.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or
injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any
person whomsoever or whatsoever as a result of any operations, works, acts or omissions performed
within SouthRidge Golf Course and Clubhouse by Concessionaire, its agents, employees or contractors
unless caused by the negligence or willful misconduct of the City, its employees, agents or contractors.
12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City harmless
from all claims, demands, judgments, costs and expenses, and legal fees including attorneys' fees,
claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by any person by
reason of injury to or death of any individual person or persons, or by reason of damage to, destruction
or loss of use of any property, including City's personnel and City's property, directly or indirectly
arising out of, resulting from or occurring in connection with any operations, works, acts or omissions of
Concessionaire. As used herein, the term "Concessionaire" includes the respective directors, officers,
agents, employees, contractors and subcontractors of Concessionaire. In the event a subcontractor
performs any work under this Agreement, the Concessionaire shall be responsible for any liability
directly or indirectly arising out of the work performed by such subcontractor.
12.3 Intellectual Property Representation. Concessionaire represents that it is the owner of or is
fully authorized to use any and all services, processes, machines, articles, makes, names or slogans used
by it in its operation or in any way connected with this Agreement.
12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations
hereunder, the Concessionaire shall provide and maintain insurance coverage naming the City as an
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additional insured under this Agreement as specified in Exhibit ' F", which is attached hereto and
incorporated herein by this reference.
12.5 Precautions Against Iniury. The Concessionaire shall take all necessary precautions in
performing the operations hereunder to prevent injury to persons and property.
12.6 Failure to Insure. Neither the failure of Concessionaire to take out and/or maintain, nor the
taking out and/or maintenance of any required insurance shall relieve Concessionaire from any liability
under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations
of Concessionaire concerning indemnification. In the event the Concessionaire fails to maintain
insurance required .hereunder, the City may, at its option, take out and maintain at the expense of the
Concessionaire such insurance as the City may deem proper, The City may offset the cost of any such
insurance from any monies that may be due or become due to the Concessionaire under this Agreement.
ARTICLE 13
No Interest in Real Property
Concessionaire agrees that this Agreement constitutes merely a right to use and occupy the
Concession Space for a limited purpose and does not create or convey to Concessionaire any interest in
real property.
ARTICLE 14
Assignment
The Concessionaire shall not assign this Agreement, sublet or otherwise allow any person to take
possession of all or any portion of the Concession Space without prior written consent of the City nor
permit any transfer by operation of law of Concessionaire's interest created hereby, other than by merger
or consolidation unless approved by City.
ARTICLE 15
Right of City to Enter, Inspect and Make Repairs
15.1 In General. City and its authorized employees, agents, contractors and other representatives
shall have the right (at such times as may be reasonable under the circumstances and with as little
interruption to Concessionaire's operation as is reasonably practicable) to enter upon any part of the
Concession Space for the following purposes:
15.1.1 To inspect such premises at reasonable intervals during regular business hours (or at any time
in case of emergency) to determine whether Concessionaire has complied with and is complying with
the terms and conditions of this Agreement with respect to such premises;
15.1.2 To perform or cause to be performed maintenance and make repairs and replacements: and
15.1.3 To make structural additions and alterations.
15.2 Obstruction by City. All entries made for the purposes enumerated above shall, except as
otherwise provided in Article 11, Total or Partial Destruction, be without abatement of rent for damage
for inconvenience. However, in the event any entry by City in the Concession Space for the purpose of
making repairs or alterations as provided for in Section 15.1.2 above (other than repairs necessitated as a
result of damage by Concessionaire under Article 10) constitutes a substantial obstruction to and
impairment of Concessionaire's right of use of such Concession Space, then Concessionaire shall be
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entitled to a fair and just abatement of the rent for such premises during the period required by City to
make such repairs.
15.3 Obstruction by Concessionaire. In the event that any personal property of Concessionaire
shall obstruct the access of the City, its officers, employees, agents or contractors, or a utility company
furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus
shall interfere with the inspection, maintenance or repair of any such system, Concessionaire shall move
such property, as directed by the City or said utility company, in order that access may be had to the
system or part thereof for inspection, maintenance or repair. If Concessionaire shall fail to so move such
property after direction from the City or said utility company to do so, the City or the utility company
may move it without liability for damage sustained in moving.
15.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article, by
the City, or others under right of the City, shall not be, nor be construed to be, an eviction of
Concessionaire, nor be made the grounds for any abatement of rental nor any claim or demand for
damages against the City, consequential or otherwise, except claims for damages to person or property
caused solely by the negligence of the City.
ARTICLE 16
Default, Rights of Termination
16.1 Default by Concessionaire. Time of payment and performance is of the essence of this
Agreement. Concessionaire shall be in default under this Agreement upon the occurrence of any one or
more of the following events:
16.1.1 Concessionaire's failure to pay any fee or other charge when due and within five (5) workings
days after notice from City of such nonpayment.
16.1.2 Concessionaire's failure to maintain the insurance required in Section 12.4.
16.1.3 Concessionaire's assignment of any right hereunder in violation of Article 14.
16.1.4 Concessionaire's failure to perform, keep or observe any of the terms, covenants or conditions
of this Agreement within seven (7) days (or such longer time as may be necessary to cure, provided that
cure is commenced within the initial seven [7] days) after notice from the City specifying the nature of
the deficiency with reasonable particularity and the corrective action that is to be taken within such
period to cure the deficiency.
16.1.5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an involuntary
petition in bankruptcy against Concessionaire, the taking of possession of all or substantially all of
Concessionaire's assets pursuant to proceedings brought under the provisions of any federal
reorganization act or the appointment of a receiver of all or substantially all of Concessionaire's assets
and the failure of Concessionaire to secure the return of such assets and/or the dismissal of such
proceeding within ninety (90) days after the filing.
16.1.6 The abandonment for a period of (7) days by Concessionaire of the conduct of its services and
operations during the season from the beginning of April through the end of September, or for a period
of fourteen (14) days during the October through March off-season.
16.1.7 The assignment by Concessionaire of its assets for the benefit of creditors.
16.1.8 The death of the Concessionaire.
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16.1.9 After written notice to the Concessionaire of any violation of the personal conduct standards
set forth in Section 4.4, above, and a hearing of the matter before the City's Director of Purchasing and
Risk Management, if such a hearing has been requested in a writing received by the Director of
Purchasing and Risk Management within ten (10) days after mailing of written notice of violation, a
determination by the Director of Purchasing and Risk Management that the alleged violation has, in fact,
occurred, and that such violation materially interferes with Concessionaire's ability to perform its
services hereunder in a manner satisfactory to the City or otherwise impairs the benefits to be derived
from the City by this Agreement, including the good will, satisfaction, health and safety of the general
public.
16.2 City's Remedies on Default.
16.2.1 In the event of a default by Concessionaire, the City may terminate this Agreement effective
immediately upon provision of written notice of such termination to Concessionaire. In the alternative,
the City may elect to keep the Agreement in force and work with Concessionaire to cure the default. If
this Agreement is terminated, the City shall have the right to take possession of the Concession Space at
the time of default. Concessionaire's liability to City for damages and rent shall survive the termination,
and the City may re-enter, take possession of the Concession Space and remove any persons or property
by legal action or by self-help with the use of reasonable force and without liability for damages.
16.2.2 Following re-entry or abandonment, City may make arrangements for use of the Concession
Space by others and in that connection may make any suitable alterations or refurbish the Concession
Space, but City shall not be required to make such arrangement for any use or purpose.
16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and remedies
reserved pursuant to this Article are in addition to any other rights or remedies the City may have
pursuant to this Agreement or to applicable law to seek judicial enforcement, damages or any other
lawful remedy.
ARTICLE 17
Miscellaneous Provisions
17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed cumulative and
additional and not in lieu of, or exclusive of, each other or of any other remedy available to the City, or
Concessionaire, at law or in equity, and the exercise of any remedy, or the existence herein of other
remedies or indemnities shall not prevent the exercise of any other remedy.
17.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to it by virtue
of the breach of any covenant, condition or agreement herein by the other party shall not operate as a
waiver of the exercise of such right or rights in the event of any subsequent breach by such other party,
nor shall such other party be relieved thereby from its obligations under the terms hereof.
17.3 Non -liability of Individuals Other than Concessionaire. With the exception of
Concessionaire, no director, officer, agent or employee of either party hereto shall be charged personally
or held contractually liable by or to the other party under any term or provision of this Agreement or of
any supplement, modification or amendment to this Agreement because of any breach thereof, or
because of its or their execution or attempted execution of the same.
17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the Concession Space,
or any part thereof, for any purpose or use other than those authorized by this Agreement.
Neither shall Concessionaire permit nor suffer any disorderly noise or nuisance whatsoever about the
Concession Space, Clubhouse or SouthRidge Golf Course.
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17.5 Governing Law. This Agreement shall be performable and enforceable in Larimer County,
Colorado, and shall be construed in accordance with the laws of the State of Colorado.
17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Concessionaire, their successors and assigns, and is not made for the benefit of any third party.
17.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it shall not
be construed for or against any party hereto on the basis that such party did or did not author the same.
17.9 Successors and Assigns. All covenants, stipulations and agreements in this Agreement shall
extend to and bind each party hereto, its legal representatives, successors and assigns.
17.9 Headings. The titles of the several articles of this Agreement are inserted herein for
convenience only, and are not intended and shall not be construed to affect in any manner the terms and
provisions hereof, or the interpretation or construction thereof.
17.10 Legal Fees. In the event any legal action or proceeding is brought to collect sums due or to
become due hereunder or any portion thereof or to enforce compliance with this Agreement for failure to
observe any of the covenants of this Agreement, the losing party agrees to pay to the prevailing party
such sums as the Court may judge reasonable for legal fees, including attorneys' fees and costs, in such
action or proceeding and in any appeal therefrom.
17.11 Incorporation of Request for Proposals/Entire Agreement. Request for Proposal Number P-
1037, and all specifications included therein, and the Proposal submitted and interview responses by the
Concessionaire in response thereto, are incorporated and made a part of this Agreement by this
reference, except that in the event of a conflict between such documents and the express terns of this
Agreement, the terms of this Agreement shall prevail. This Agreement, which is the entire agreement
between the parties hereto, supersedes all prior agreements, understandings, warranties or promises
between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto,
except as expressly incorporated herein.
17.12 Severability. In the event any covenant, condition or provision of this Agreement is held to
be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant,
condition or provision shall not in any way affect any of the other covenants, conditions or provisions of
this Agreement, provided that the invalidity of any such covenant, condition or provision does not
materially prejudice either the City or the Concessionaire in his or its respective rights and obligations
under the valid covenants, conditions or provisions of this Agreement.
17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier termination as
herein provided, Concessionaire shall remove all of its property from SouthRidge Golf Course and
surrender entire possession of its rights at SouthRidge Golf Course to City and its improvements in
accordance with Section 10 above, unless this Agreement is renewed or replaced.
17.14 City Representative. The City designates the Manager of the Golf Division as its
representative who shall make, within the scope of his authority, all necessary and proper decisions with
reference to this Agreement. All requests for contract interpretations, amendments and other
clarifications or instructions shall be directed to the City Representative.
17.15 Notices. Notices permitted or required to be given under this Agreement shall be in writing
and shall be deemed given upon personal delivery or upon deposit in the United States Mail, certified,
return receipt requested, postage fully prepaid, addressed as follows or to such other address as the
parties may designate from time to time by notice given in accordance with this Section:
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To Concessionaire: The Sandtrap, Inc.
dba Mackenzie's Pub & Grill at SouthRidge
5750 South Lemay Avenue
Fort Collins, CO 80525
To the City: Manager of the Golf Division
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, Colorado 80522
17.16 -Paragraph Headings. Paragraph headings contained herein are for convenience and reference,
and are not intended to define or limit the scope of any provisions of this Agreement.
17.17 Schedules and Exhibits. Whenever reference is made in this Agreement to a Schedule or an
Exhibit, unless otherwise specifically expressed to the contrary, such Schedule or Exhibit shall be
deemed attached to and by this reference incorporated in this Agreement.
17.18 Force Majeure. Neither the City nor the Concessionaire shall be deemed in violation of this
Agreement if prevented from performing any of its obligations hereunder by reason of strikes, boycotts,
labor disputes, embargoes, shortage of energy or materials, acts of God, act of public enemy, acts of
superior governmental authority, weather conditions, rights, rebellion, sabotage or any other
circumstances that are not within its control.
17.19 No Limitation on General Powers. Nothing in this Agreement shall be construed as in any
way limiting the general powers of the City to fully exercise their governmental functions or their
obligations under any bond covenants or federal, state or local laws, rules or regulations.
17.20 No Relationship. Nothing contained herein shall be deemed or construed by the parties hereto
nor by any third party as creating the relationship of employer and employee, principal and agent or a
partnership or a joint venture between the parties hereto.
17.21 Survival. To the extent necessary to carry out all of the terms and provisions hereof, the said
terms, obligations and rights set forth herein required shall survive and shall not be affected by the
expiration or termination of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
written above.
THE CITY OF FORT COLLINS, COLORADO
7 uni ' al Corporation
By.
James B.1O'Neill, II, CPPO, FNIGP
irector of Purchasing and Risk Management
STATE OF COLORADO )
)ss.
COUNTY OF L a ri lh ,er )
Subscribes and sworn to before me this-7 a y of 1�%fc r6 i ; 2006
by Robert Dahl.
Witness my hand and official seal.
My commission expires
Notary ublic
�®TaaY
�zrta�
PuBuc
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EXHIBIT A
City of Fort Collins
Cultural, Library and Recreational Services
Golf Division
Policy: Contractor Personnel Conduct and Demeanor, and Background Screening for Positions of
Trust.
Under the terms and conditions of each respective Contractor's Agreement with the City, all Golf
Professionals and Restaurant/Snack Bar Concessionaires shall control the conduct and demeanor of their
employees, volunteers, and other representatives or agents of the Contractor that will be working on
behalf of the Contractor in providing services to the City. The Contractor agrees to provide to the City
at all times a current list of employees, volunteers, and other representatives or agents of Contractor that
will be working on behalf of the Contractor in providing services to the City under their Agreement, and
that all such employees, volunteers, and other representatives or agents of Contractor agree to adhere to
the "Behavior/Standards of Personal Conduct and Performance."
Contractors and the City also hereby acknowledge and agree that certain services provided by the
Contractor will require that specified employees, volunteers, and other representatives or agents of the
Contractor act in "positions of trust" which can include the handling of and/or accounting for funds of
the City and/or of City property, or direct contact with youth and members of the general public.
Accordingly, each Contractor agrees that all specified employees, volunteers, or other representatives or
agents of Contractor in positions of trust shall be screened/investigated at the expense of the Contractor
using the City's contracted background screening/investigation procedure as described in each
respective contractor's Agreement; and that the results of such background screening/investigation shall
be provided to the City prior to any such persons participation in the provision of services, as described
in each respective contractor's Agreement. Each Contractor shall require the completion and execution
of the Disclosure/Waiver form for all specified employees, volunteers, and other representatives or
agents of Contractor. The purpose of this form is to provide the necessary information about an
applicant and permission to review confidential information for a complete and thorough background
screening/investigation. The Contractor shall provide to all said employees, volunteers, and other
representatives or agents a Summary of Rights under the Fair Credit Reporting Act..
The background screening/investigation shall include, but is not necessarily limited to, checking arrests
and/or conviction records, driving records, credit history, education, previous employment and volunteer
work and other records as may be appropriate, and references, including review of any records of
information available to the City as a result of past employment or contractual relationships the
employee, volunteer, or other representative or agent has had with the Contractor or the City.
The City will provide assistance in completing the background screening/investigation, including
providing the completed disclosure form to an outside vendor for a confidential records check.
Contractor acknowledges that by providing such assistance the City assumes no responsibility for the
timeliness, accuracy or completeness of the background screening/investigation, or for the direct or
indirect consequences resulting from the same, and the Contractor shall hold the City harmless for any
injury or loss resulting therefrom.
The Contractor shall make job assignments and responsibility assignments based upon and in
consideration of the background screening/investigation, and shall not permit any person to perform any
position for which such person's character or suitability are reasonably in question based upon the
information obtained in connection with a background screening/investigation. The City may, in its
discretion, object to any assignments of Contractor Personnel to positions of trust, as based upon the
background screening/investigation. In the event that information from the report is utilized in whole or
in part in making an adverse decision with regard to potential
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employment/volunteer/representative/agent status, before making the adverse decision, the City will
attempt to provide Contractor with a copy of the consumer report/criminal history.
Specified employees, volunteers, and other representatives or agents of Contractors identified at this
time to be in positions of trust shall include, but are not necessarily limited to, all top assistants, area or
section managers, lesson providers, personnel that directly handle and/or account for City funds; and
those positions that can work individually with youth or members of the general public.
Contractor Process for Obtaining Background Screening/Investigation Information
Once an employee, volunteer, other representative or agent has been selected by the Contractor, the
employee, volunteer, other representative or agent (applicant) shall complete the background
screening/investigation form, which is titled "Disclosure to Prospective Employees, Volunteers, or
Other Representatives or Agents of Contractors Regarding Procurement of a Consumer Report
(including a criminal history report)."
2. When the employee, volunteer, other representative or agent (applicant) has completed and signed
the form, the Contractor shall initial and date the bottom of the form, giving the bottom copy of the
form to the applicant. The Contractor shall also give to the applicant at this time a summary of
his/her rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act also
imposes requirements and procedures related to any adverse decisions based upon credit
information.
3. The Contractor keeps one copy of the form and forwards the original signed copy of the form to the
Golf Division Administrative office. In order to expedite the processing time, the Contractor may
also FAX a copy or bring the original copy of the form to the golf Division Administrative Aide.
Once the Administrative Aide enters the form information into the computer, it takes three to four
days for the City's contracted background screening/investigation firm to perform their service.
4. Because of the large number of applicants being screened using this similar process, there shall be
no notification to the Contractor unless an applicant receives a negative report within four days of
the time that the Administrative Aide enters the information into the computer. Therefore, the
applicant may begin assignment for the Contractor after four days unless the Contractor is notified
otherwise. However, be aware that it is possible that we could receive a negative report after four
days, and we will have to address the situation at that time.
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EXHIBIT B
DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR OTHER
REPRESENTATIVES OR AGENTS OF CONTRACTORS REGARDING PROCUREMENT OF
A CONSUMER REPORT
(including a criminal history report)
In connection with your status as a prospective employee, volunteer, or other representative or agent of
the Contractor, Contractor and the City of Fort Collins may procure a consumer report/criminal history
on you as part of the process of considering your candidacy for said status. The investigation conducted
in conjunction with the report may include an investigation of your personal employment/volunteer
history, education, financial, and credit records, public records concerning your driving record, civil and
criminal court records, county, state, and Federal tax liens, notices of default and bankruptcies, and other
records as may be appropriate. In the event that information from the report is utilized in whole or in
part in making an adverse decision with regard to your potential
employment/volunteer/representative/agent status, before making the adverse decision, the City and the
Contractor will attempt to provide you and the Contractor with a copy of the consumer report/criminal
history and a description. in writing of your rights under the Federal Fair Credit Reporting Act. The Fair
Credit Reporting Act gives you specific rights in dealing with consumer reporting agencies. A copy of
A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to
this document.
By your signature below, you hereby authorize us to obtain a consumer report and/or an investigative
report about you in order to consider your status as a prospective employee, volunteer, or other
representative or agent for the Contractor.
Applicant's
Name:
(Please Print) First Middle Last
Signature
Applicant'
Address:
City/State/Zi
p:
Driver's License
Signature of Parent or
Guardian:
(if Applicant is under the age o
Other names used in the last seven (7)
years:
Date of
Birth:
Social Security
Previous out-of-state address(es) in the past seven (7) years.
1.
Address . City County State Zip
2.
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ARTICLE 3
Rights of Ingress and Egress
3.1 In General. The Concessionaire shall have the right of ingress and egress to and from the
Clubhouse and Concession Space for Concessionaire's employees, agents and invitees to the extent
reasonably necessary in connection with the conduct of Concessionaire's business under this Agreement.
Areas designated as restricted areas by the City shall be excluded.
3.2 Closures. The City may, at any time, temporarily or permanently, close or consent to or
request the closing of any roadway or any other way at, in, or near the Clubhouse or SouthRidge Golf
Course, presently or hereafter used as such, so long as a reasonable and safe means of ingress and egress
remains available to Concessionaire.
ARTICLE 4
Undertakings of Concessionaire
4.1 Service. Concessionaire agrees as follows:
4.1.1 The Concessionaire shall furnish and pay for all equipment, except as otherwise provided by
the City pursuant to Article 9, all goods, labor, transportation, supervision and services necessary to
provide food and beverage services in accordance with this Agreement.
4.1.2 Services provided by the Concessionaire shall include the maintenance of an adequate stock
of food and beverage supplies, condiments, dishes, silverware, napkin dispensers, salt and pepper
shakers, cups and glassware, and any kitchen utensils or bar equipment if necessary to serve the demand
for such items at the SouthRidge Golf Course, as well as paying for all cable and/or satellite television
services in the Clubhouse except for the Pro Shop.
4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide the public high
quality food and beverages and a high level of public service. Therefore, Concessionaire agrees to offer
for sale from the Concession Space only good quality food and beverages at fair and competitive
pricing, relative to comparable restaurant facilities in Fort Collins. If, in the opinion of the City, the
pricing is not comparable, or the selection of items offered is inadequate or not of good quality, or if any
of the items are found to be objectionable for display and/or sale in a public facility, then the pricing
shall change or the items shall be removed or replaced as required by the City. The City Representative
shall meet and confer with Concessionaire regarding such matters. However, Concessionaire
acknowledges that the City's determination as to the same shall be conclusive. Failure of
Concessionaire to correct, rectify or modify its prices or quality within five (5) days of being advised in
writing to do so shall be cause for default.
4.1.4 Concessionaire shall submit to the City for review a list of all items to be sold in the
concession area, and proposed prices for all such items. The Concessionaire shall submit to the City in
writing all subsequent item and price changes.
4.2 Hours of Operation. Subject to the exception for inclement weather expressed in 4.2.2 below,
the Concessionaire will be required to provide daily food and beverage services in the Concession Space
during the months of April, May, June, July, August and September; at a minimum, the services shall be
available from no later than 6:30 a.m. to no earlier than sundown during these months.
4.2.1 The parties agree that the hours of operation during the months of October, November,
December, January, February, and March shall be from no later than 10:00 a.m. to no earlier than 4:30
p.m. daily, at a minimum. However, the Concessionaire shall not be required to operate the concession
when the Golf Course is closed due to bad weather or other reason.
Address City County State Zip
Please list any additional addresses on the back of this
page.
Contractor's Date City Staff Date:
Initials: Initials:
19
EXHIBIT C
Para infonnacion en espanol, visite www.ftcgov/credit o escribe a la FTC Consumer Response
Center, Room 130-A 600 Pennsylvania Ave. N.W., Washington, D.C. 20580.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of
information in the files of consumer reporting agencies. There are many types of consumer reporting
agencies, including credit bureaus and specialty agencies (such as agencies that sell information about
check writing histories, medical records, and rental history records). Here is a summary of your major
rights under the FCRA. For more information, including information about additional rights, go
to www.fte.gov/credit or write to: Consumer Response Center, Room 130-A, Federal Trade
Commission, 600 Pennsylvania Ave. N.W., Washington, D.C. 20580.
• You must be told if information in your file has been used against you. Anyone who uses a
credit report or another type of consumer report to deny your application for credit, insurance,
or employment — or to take another adverse action against you — must tell you, and must give
you the name, address, and phone number of the agency that provided the information.
You have the right to know what is in your file. You may request and obtain all the
information about you in the files of a consumer reporting agency (your "file disclosure"). You
will be required to provide proper identification, which may include your Social Security
number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:
• a person has taken adverse action against you because of information in your credit
report;
• you are the victim of identify theft and place a fraud alert in your file;
• your file contains inaccurate information as a result of fraud;
• you are on public assistance;
• you are unemployed but expect to apply for employment within 60 days.
In addition, by September 2005 all consumers will be entitled to one free disclosure every 12
months upon request from each nationwide credit bureau and from nationwide specialty
consumer reporting agencies. See www.ftc.aov/credit for additional infonnation.
You have the right to ask for a credit score. Credit scores are numerical summaries of your
credit -worthiness based on information from credit bureaus. You may request a credit score
from consumer reporting agencies that create scores or distribute scores used in residential real
property loans, but you will have to pay for it. In some mortgage transactions, you will receive
credit score information for free from the mortgage lender.
You have the right to dispute incomplete or inaccurate information. If you identify
information in your file that is incomplete or inaccurate, and report it to the consumer reporting
agency, the agency must investigate unless your dispute is frivolous. See www.fte.gov/credit
for an explanation of dispute procedures.
Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete or unverifiable information must be
removed or corrected, usually within 30 days. However, a consumer reporting agency may
continue to report information it has verified as accurate.
20
• Consumer reporting agencies may not report outdated negative information. In most
cases, a consumer reporting agency may not report negative information that is more than seven
years old, or bankruptcies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about
you only to people with a valid need -- usually to consider an application with a creditor,
insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for
access.
• You must give your consent for reports to be provided to employers. A consumer
reporting agency may not give out information about you to your employer, or a potential
employer, without your written consent given to the employer. Written consent generally is not
required in the trucking industry. For more information, go to www.ftc.gov/credit.
• You may limit "prescreened" offers of credit and insurance you get based on information
in your credit report. Unsolicited "prescreened" offers for credit and insurance must include
a toll -free phone number you can call if you choose to remove your name and address from the
lists these offers are based on. You may opt -out with the nationwide credit bureaus at 1-800-
XXX-XXXX.
• You may seek damages from violators. If a consumer reporting agency, or, in some cases, a
user of consumer reports or a furnisher of information to a consumer reporting agency violates
the FCRA, you may be able to sue in state or federal court.
• Identity theft victims and active duty military personnel have additional rights. For more
information, visit www.ftc.gov/credit.
States may enforce the FCRA, and many states have their own consumer reporting laws. In
some cases, you may have more rights under state law. For more information, contact your state
or local consumer protection agency or your state Attorney General. Federal enforcers are:
TYPE OF BUSINESS:
NTACT:
onsumer reporting agencies, creditors and others not listed beloe21
Trade Commission: Consumer Response Center - FCRA
hin ton, DC 20580 1-877-382-4357
ational banks, federal branches/agencies of foreign banks (worde
of the Comptroller of the Currency
National" or initials "N.A." appear in or after bank's name)
fiance Management, Mail Stop 6-6
hin ton, DC 20219 800-613-6743
ederal Reserve System member banks (except national banks,
ral Reserve Board
federal branches/agencies of foreign banks)
sion of Consumer & Community Affairs
hin ton, DC 20551 202 452-3693
Savings associations and federally chartered savings banks (wore
of Thrift Supervision
Federal" or initials "F.S.B." appear in federal institution's name)sumer
Eoder-a
Complaints
hin ton, DC 20552 800-842-6929
Federal credit unions (words "Federal Credit Union" appear inonal
Credit Union Administration
nstitution's name)
5 Duke Street
andria, VA 22314 703-519-4600
fate -chartered banks that are not members of the Federal Reseeral
Deposit Insurance Corporation
ystem
sumer Response Center, 2345 Grand Avenue, Suite 100
ses Ci , Missouri 64108-2638 1-877-2753342
ir, surface, or rail common carriers regulated by former Civi{artment
of Transportation,Office of Financial Management
eronautics Board or Interstate Commerce Commission
hin ton, DC 20590 202366-1306
ctivities subject to the Packers and Stockyards Act, 1921
artment of Agriculture
e of Deputy Administrator - GIPSA
lWashington, DC 20250 202 720-7051
21
EXHIBIT D
City Provided Equipment
Basement
Kitchen cont.
Foldin chairs
Sandwich/make table/cooler
Wood shelves in office
Imperial oven
Imperial deep fryer
Hoods stem
Bunker House
Reach in freezer
3 sink
Stainless steel prep line with sink
Cabinets and shelves
Security system
Mop sink
Trash cans
2 space heaters
Dining Room and Bar
Oak chairs and bar stools
Green top tables and bases
Bottle cooler
Pint glass chiller
Glass shelving
Hand sink
Blinds and curtains
All trash cans
Benches and tables on patio
French doors
Cabinets and shelves
Fans
Ice well
Walk in cooler and compressor
Old 3 sink
Kitchen
Dishwasher
Dish sink and sppy nozzle
Reach in cooler
All hand sinks
Paper towel and soap dispensers
All trash cans
Chemicals
3 sink
Electric slicer
Ice machine and bin
Mops, brooms, mop bucket
Fire suppression system
22
EXHIBIT E
Concessionaire Provided Equipment
Basement
Dining Room and Bar coat.
Coronado Freezer
Computer System and cash drawer
Pepsi machine and BIB rack
Umbrella and bases
CO2 bottles
Pergola shade
Wire shelves
Gas grill
Food & Beverage inventory
Folding tables
Paper product inventory
Seed racks
Coleman coolers
All Mackenzie's signage and logo
Chafing dishes
Coffee Warmer
Yamaha beverage cart
Wire racks in walk-in cooler
Club Car beverage cart
Pepsi cooler in closet
Office furniture
CO2 tanks
Sales records and receipts
Easel, chalk boards and dry erase boards
Computer and printer
Doll
Wireless Internet module
Ticket han ers
TV and cabinets
Phones
Window blind
Oak cabinet
Art Work
Kitchen
Food inventory
Wire shelves
Bunker House
Cambro and Tupperware
Ice machine
All pots and pans
Microwave
All china and flatware
Displa coolers
Chemicals
1 space heater
Chaffing dishes and hotel pans
Beverage inventory
Stainless steel prep table
Coleman coolers
Soup warmer
Dining Room and Bar
Towels and aprons
Food, liquor, and beverage inventory
Serving trays
TV's brackets and cables
Coffee machine and decanters
Stereos stem
Seed rack and ticket hangers
Cameras stem and all cables
All cutting boards
Plants artwork, and all wall hangings
Gas flat to
Display coolers
Gas broiler
Display racks
Electric broiler
All Glassware
Microwave
Cowboy doors
Toaster
Alder wooden top tables and bases
Hot dog machine
P si nand compressor
Bread cart
Can cooler
Tomato slicer
Ta box and brass late
Paper product inventory
All to s and to handles
Spoons, ladles, turners, knives
23
EXHIBIT F
INSURANCE REQUIREMENTS
The Concessionaire agrees to provide insurance coverage as provided below, from insurance
companies acceptable to the City, and shall pay all costs of obtaining the same. The city, its officers,
agents, and employees shall be names as additional insureds on the Concessionaire's general liability
insurance policy in relation to any claims arising our to the performance of this Agreement.
Certificates of Insurance reflecting the type, amount, class of operations covered, effective dates,
and date of expiration of all polices, and containing the following statement, or a substantially similar
statement, must b e provid3ed to the City before commencing work under this Agreement:
"The insurance coverage by this certificate will not be canceled or materially altered, except after
ten (10) days written notice has been received by the City of Fort Collins, Colorado."
Minimum Insurance Coverage Limits
1. $1,000,000 —Liquor Liability, per occurrence
2. $1,000,000 --Commercial General Liability with Combined Single
Limit; $2,000,000 Aggregate
3. Statutory --Workers' Compensation Coverage A
4. $100,000/$500,000/$100,000-- Workers' Compensation Coverage B
5. $1,000,000 --Products Liability
24
EXHIBIT G
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, , swear or affirm under penalty of perjury under the laws of the State of
Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a public
benefit. I understand that state law requires me to provide proof that I am lawfully present in the
United States prior to receipt of this public benefit. I further acknowledge that making a false,
fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the
criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-
503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently
received.
Signature Date
INTERNAL USE ONLY Valid forms of identification
❑ ---current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
❑ ---current Colorado identification card
❑---U.S. military card or dependent identification card
❑---U.S. coast guard merchant mariner card
❑ ---Native American tribal document
The following forms of identification may be accepted through February 28 2007*
❑ ---original birth certificate from any state of the United States
❑ ---certificate verifying naturalized status by U.S. with photo and raised seal
❑ ---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
❑ ---order of adoption by a U.S. court with seal of certification
❑ ---valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI,
IL, MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI
❑ ---valid immigration documents demonstrating lawful presence, e.g., current foreign passport
with current I-551 stamp or visa, current foreign passport with I-94, I-94 with asylum status,
unexpired Resident Alien card, Permanent Resident card or Employment Authorization card
*A waiver may be available where no identification exists or can be obtained due to a medical
condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's
license. Contact your department director.
25
4.2.2 Throughout the year, Concessionaire may, in its own discretion, close the concession during
inclement weather, or provide less than a full -service operation pending customer demand during
specified times, unless the closure or service level is objected to by the City.
4.3 Special Events Option. Concessionaire shall have the first option, upon request by the City or
the SouthRidge Golf Professional, but shall not be obligated, to provide luncheons or other meals for
special occasions, including but not limited to association meetings and tournaments. In the event such
a request is made and Concessionaire elects not to provide such services, the City or the SouthRidge
Golf Professional may provide food and beverage services through other means. Such services shall not
make use of the Concession Space, unless approved by Concessionaire.
4.4 Concessionaire Personnel. Concessionaire shall 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 approval of the City.
4.4.1 The Concessionaire agrees to provide to the City at all times a current list of employees,
volunteers, and other representatives or agents of Concessionaire that will be working on behalf of
Concessionaire in providing services to the City under this Agreement. The Concessionaire and the City
acknowledge and agree that certain services provided by Concessionaire will require that employees,
volunteers, and other representatives or agents of Concessionaire act in positions of trust which will
entail the handling of and accounting for funds of the City and City property, or direct contact with
youth and other members of the general public. Accordingly, Concessionaire agrees that all employees,
volunteers, and other representatives or agents of the Concessionaire in positions of trust, as described in
Exhibit A, consisting of two (2) pages and incorporated herein by this reference, shall be screened using
the background screening procedure described on Exhibit A, at Concessionaires expense, and that the
results of such background screening shall be provided to the City prior to any such persons
participation in the provision of services hereunder. The Concessionaire shall require the completion
and execution of the Disclosure/Request, Authorization, and Waiver form attached hereto as Exhibit B,
consisting of one (1) page and incorporated herein by this reference. Concessionaire shall also provide to
their employees/volunteers a copy of the Summary of Rights under the Fair Credit Reporting Act
attached hereto as Exhibit C, consisting of two (2) pages and incorporated herein by this reference.
4.4.2 The City may provide assistance in completing the background investigation, including
providing information from the completed disclosure form to an outside vendor for a confidential
records check. Concessionaire acknowledges that in such event, by providing such assistance to
Concessionaire, the City assumes no responsibility for the timeliness, accuracy or completeness of the
background investigation, or for the direct or indirect consequences resulting from the same, and
Concessionaire shall hold the City harmless for any injury or loss resulting therefrom.
4.4.3 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, competence 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, or in a manner that would permit contact by that
person with the funds, equipment, property associated with the provision of services hereunder, or
persons participating in programs or services provided under this Agreement.
4.4.4 Upon receipt of written notice from the City of any reasonable objection from the City
concerning trustworthiness, fitness for provision of services under this Agreement, competence or
suitability of any individual for a position of trust of any kind, or concerning conduct, demeanor or
competence of any employee or volunteer of Concessionaire, the Concessionaire shall immediately take
all lawful steps to remove or otherwise address to the City's reasonable satisfaction the cause of the
objection or to remove such individual from the performance of any services provided hereunder.
4.4.5 The following constitute unacceptable personal conduct that the parties acknowledge and
agree shall be subject to reasonable objection by the City. The parties acknowledge that other conduct
not listed in this Section may be determined by the City to be reasonably expected to 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 that Concessionaire, or the individual site manager, if different from
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 16.1.9.
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;
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.
4.5 Statements, Recordkeeping and Audits. 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 SouthRidge Golf Course 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 SouthRidge Golf Course, at the City's election, all records, books and
relevant related information as may be required for audit purposes.
4.6 Physical Interference. Concessionaire shall not do, nor permit to be done, anything which
may interfere with the effectiveness or accessibility of the drainage system, sewerage system, fire
protection system, sprinkler system, alarm system and fire hydrants and hoses, if any, installed or
located in the Clubhouse or elsewhere at SouthRidge Golf Course.
4.7 Taxes. Concessionaire agrees to pay all local, state and federal social security, unemployment
insurance, sales, use, personal property, possessory interest, and other taxes, assessments and payments -
in -lieu which, during the term of this Agreement or any extension hereof, may become a lien of which
may be levied or charged by the State, County, City of Fort Collins or other tax -levying body upon or
with respect to the Concession Space or SouthRidge Golf Course, upon any taxable interest acquired by
the Concessionaire in this Agreement, or any taxable possessory right which Concessionaire may have
in or to the Concession Space or facilities or the improvements thereon, by reason of Concessionaire's
occupancy or use thereof, or otherwise, as well as all taxes on taxable property, real or personal, owned
by Concessionaire or taxes on Concessionaire's operations or activities in or about the Concession
Space, clubhouse, or elsewhere at SouthRidge Golf Course. However, except as otherwise permitted by
this Agreement, no charges, fees or taxes of any nature shall be imposed by the City solely upon
Concessionaire for exercising any right or privilege granted by the City to Concessionaire in this
4
Agreement with respect to the use of the Concession Space and Clubhouse. Nothing herein shall
prevent Concessionaire from protesting, through due process, any taxes levied.
4.8 Licenses. Concessionaire agrees to obtain and pay for all licenses necessary in connection
with its operation, including but not limited to, a County Health Department Food Services
Establishment inspection, a Hotel -Restaurant with Optional Premises Liquor License, and a City
business license and/or occupation license. Failure to qualify for a liquor license or other required
license, or failure to obtain any such license within ninety (90) days of execution of this Agreement shall
constitute a default hereunder.
4.8.1 Any such licenses held by the Concessionaire in connection with this Agreement shall be
surrendered by the Concessionaire upon termination of this Agreement.
4.8.2 Upon Concessionaire's surrender of all licenses and acquisition of new licenses by such
replacement concessionaire as the City may select, the City shall reimburse Concessionaire for such
proportional amount of the cost of the license as may be attributable to any remaining period which may
exist from the date of Concessionaire's surrender to license expiration.
4.8.3 For the purpose of the Hotel -Restaurant with Optional Premises Liquor License, the
"premises" shall be defined to include The Clubhouse and Patio, the Bunker House, and the entire
grounds of SouthRidge Golf Course.
4.9 Vending Machines/Beverage Carts. This Agreement does not contemplate
Concessionaire's use of vending machines in the supplying of 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 and operate a minimum of two (2) beverage/food
carts in order to provide food and beverage services on the grounds of the golf course from April
through September when a sufficient number of customers, as determined by the City, are golfing. City -
owned or leased golf carts shall not be used for this purpose unless approved by the City.
ARTICLE 5
Employing Illegal Aliens
5.1 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Concessionaire represents and agrees that:
5.1.1 As of the date of this Agreement:
A. Concessionaire does not knowingly employ or contract with an illegal alien; and
B. Concessionaire has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th Congress, as
amended, and expanded in Public Law 156, 108th Congress, as amended, administered
by the United States Department of Homeland Security (the "Basic Pilot Program") in
order to verify that Concessionaire does not employ any illegal aliens.
5.1.2 Concessionaire shall not knowingly employ or contract with an illegal alien to perform works
under this Agreement or enter into a contract with a subcontractor that fails to certify to Concessionaire
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement.
5.1.3 Concessionaire shall continue to apply to participate in the Basic Pilot Program and shall in
writing verify same every three (3) calendar months thereafter, until Concessionaire is accepted or the
public contract for services has been completed, whichever is earlier. The requirements of this section
shall not be required or effective if the Basic Pilot Program is discontinued.
5.1.4 Concessionaire is prohibited from using Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
5.1.5 If Concessionaire obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Concessionaire shall:
A. Notify such subcontractor and the City within three days that Concessionaire has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
B. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease employing
or contracting with the illegal alien; except that Concessionaire shall not terminate the
contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
5.1.6 Concessionaire shall comply with any reasonable request by the Colorado Department of
Labor and Employment (the "Department") made in the course of an investigation that the Department
undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
5.1.7 If Concessionaire violates any provision of this Agreement pertaining to the duties imposed
by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so
terminated, Concessionaire shall be liable for actual and consequential damages to the City arising out of
Concessionaire's violation of Subsection 8-17.5-102, C.R.S.
5.1.8 The City will notify the Office of the Secretary of State if Concessionaire violates this
provision of this Agreement and the City terminates the Agreement for such breach.
5.2 Compliance with C.R.S. § 24-76.5-103. Concessionaire acknowledges that the Agreement is
a "public benefit" within the meaning of C.R.S. § 24-76.5-103. As such, the Concessionaire shall ensure
compliance with C.R.S. § 24-76.5-103 by performing the required verifications. Specifically, when
required the Concessionaire shall ensure that:
5.2.1. If the public benefit provided by the funds flows directly to a natural person (i.e., not a
corporation, limited liability company, or other legally -created entity) 18 years of age or older, he/she
must do the following:
A. Complete the affidavit attached to this Agreement as Exhibit "G' ; and
B. Attach a photocopy of the front and back of one of the following forms of
identification: a valid Colorado driver's license or Colorado identification card; a United
States military card or military dependent's identification card; a United States Coast
Guard Merchant Mariner identification card; or a Native American tribal document.
5.2.2. If an individual applying for the benefits identified herein executes the affidavit stating that
he/she is an alien lawfully present in the United States, Concessionaire shall verify their lawful presence
through the federal systematic alien verification or entitlement program, known as the "SAVE
Program," operated by the U.S. Department of Homeland Security or a successor program designated by
that department. In the event Concessionaire determines through such verification process that the
individual is not an alien lawfully present in the United States, the Concessionaire shall not provide
benefits to such individual.
0
ARTICLE 6
Term
6.1 Period. The term of this Agreement shall commence January 1, 2007 and, unless terminated
sooner, shall expire on December 31, 2007.
6.2 Renewal -- 2008. This Agreement shall be automatically renewed for a period from January
1, 2008, until December 31, 2008, unless the Concessionaire is in default 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 (90) days prior to December 31, 2007.
6.3 Renewal -- 2009. This Agreement shall be automatically renewed for a period from January
1, 2009, until December 31, 2009, unless the Concessionaire is in default 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 (90) days prior to December 31, 2008.
6.4 Renewal -- 2010. This Agreement shall be automatically renewed for a period from January
1, 2010, until December 31, 2010, unless the Concessionaire is in default 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 (90) days prior to December 31, 2009.
6.5 Renewal -- 2011. This Agreement shall be automatically renewed for a period from January
1, 2011, until December 31, 2011, unless the Concessionaire is in default 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 (90) days prior to December 31, 2010.
6.6 Holding Over. In the event that the Concessionaire, or its successor in interest, if any, shall
remain beyond the term set forth herein, although no right to remain is given by this Article, it is the
intention of the parties and it is hereby agreed that a right of use from month -to -month shall then arise
subject to all provisions and conditions of this Agreement in connection with such right, except that the
City shall have the sole right to determine reasonable fees for any holdover period.
ARTICLE 7
Fee For Conducting Business
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 Twenty Thousand
Dollars ($20,000) in cash and/or in -kind contributions annually, as approved by the City; plus .40 cents
in cash per golf round played annually over 50,000 rounds, in 2007, 2008, 2009, 2010, and in 2011 as
the Concession Fee.
7.1.1 During the term of the Agreement, Concessionaire shall provide busing and janitorial services
described in Section 8.3, at the Concession Space and in designated locations of the Clubhouse, Patio,
and Bunker House.
7.2 Time of Payment. The Concessionaire shall pay the Concession Fee in two (2) equal semi-
annual payments, no later than ten (10) days after the first day of the months of July and December.
7.3 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.
7.4 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
City Representative at 300 LaPorte Avenue, P.O. Box 580, Fort Collins, Colorado, 80522.
ARTICLE 8
Utilities, Maintenance and Janitorial Duties
8.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash collection,
recycling, basic clubhouse security system, basic bunker house security system, and electric services to
the Concession Space.
8.2 Maintenance and Repair. The City shall maintain and repair the Clubhouse building,
Concession Space and City equipment and fixtures (defined in Article 8). Concessionaire shall submit
all requests for repairs or maintenance to the City Representative. 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.
8.2.1 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 sewage upon the Concession Space, whether said breakage or
stoppage results from freezing or otherwise.
8.3 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, statutes and health,
sanitary and police regulations of the City of Fort Collins, County of Larimer and State of Colorado.
8.3.1 Concessionaire shall thoroughly clean the entire Concession Space, including all equipment
and fixtures, whether provided by the City or Concessionaire, the grill and exhaust, floors, counters,
refrigerators and all coils at least four times per year: 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.
8.3.2 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 restrooms located in the clubhouse, bunker
house, and patio deck.
ARTICLE 9
Acceptance and Trade Fixtures
9.1 Concession Space, City Equipment and Fixtures. In addition to the Concession Space, the
City shall provide the following:
9.1.1 Existing equipment as listed on Exhibit "D", attached hereto and made a part hereof;
9.1.2 Lighting fixtures for general area illumination; and
9.1.3 Heat and air conditioning.
9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall
acknowledge that it accepts the Concession Space as well as any City equipment and fixtures "as is."
9.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit "E",
attached hereto and made a part hereof, no equipment, trade fixtures, signs or other personal property
used by Concessionaire in its business, whether or not attached to the Clubhouse or any Improvements
thereon, shall be installed without the prior written approval of the City.
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 rents or installation of equipment in lieu of 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.
9.5 Title to Improvements. Upon installation or erection of Improvements, such Improvements
(but excluding any of Concessionaire's personal property and trade fixtures which are attached or affixed
thereto) shall become a part of the realty upon which they are erected and title thereto shall vest in the
City. Upon vesting, the Improvements become part of the Concession Space and are subject to the
terms applicable to the Concession Space within this Agreement.
9.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal
property installed by Concessionaire shall be subject to and conform in all respects to the applicable
statutes, ordinances, building codes, rules and regulations of all governmental agencies which have
jurisdiction over such matters.
ARTICLE 10
Damage by Concessionaire
The Concessionaire shall be liable for and shall repair, replace or cause to be repaired or replaced
within fifteen (15) days after occurrence, any damage to the Clubhouse, including the Concession Space,
or to City's property, equipment and fixtures (defined in Article 9) caused by Concessionaire, its
officers, agents, employees or anyone acting under its direction and control, ordinary wear and tear
excepted. All repairs or replacements shall be made promptly and when necessary and shall be in a
quality and of a class at least equal to the original. If the damage for which Concessionaire is liable is to
the Concession Space, Concessionaire shall continue to be liable for all rent owed for the Concession
Space, even if it has been rendered untenantable.
ARTICLE 11
Total or Partial Destruction
11.1 Concession Space or Other Major Component Rendered Untenantable. In case, during the
term of this Agreement, the Concession Space, Clubhouse, Golf Course or any principal part of any one
of them shall be destroyed or shall be so damaged by fire, flood or other casualty so as to be rendered
untenantable or unusable as determined by the City:
11.1.1 Then, in such event, at the option of the City or Concessionaire, the term hereby created shall
cease; and this Agreement shall become null and void from the date of such damage or destruction; and
Concessionaire shall immediately surrender the Concession Space and its interest therein to the City;
provided, however, that the City or Concessionaire shall exercise such option to so terminate this
Agreement by notice, in writing, delivered to the other party within thirty (30) days after the City's
determination of untenantability or unusability.
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