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HomeMy WebLinkAboutRFP - P1037 SOUTHRIDGE RESTAURANT/SNACK BAR CONCESSIONAIREREQUEST FOR PROPOSAL P1037 `f (� FortColl""'SOUTHRIDGE GOLF COURSE RESTAURANT/SNACK BAR CONCESSIONAIRE The City of Fort Collins is hereby requesting proposals for a contractual Food and Beverage Concessionaire to manage and operate the Restaurant/Snack Bar Concession at SouthRidge Golf Course, 5750 S. Lemay Ave Fort Collins, CO 80525 for the year 2007 with possible annual renewal options for the years 2008 through 2011 with a possible extension of the original five-year term for up to five additional years if performance is satisfactory and subject to City Council approval. Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 10:00 a.m. (our clock), October 2, 2006. Proposal No. P1037. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Manager of Golf, Jerry P. Brown (970) 221-6350. Questions regarding proposals submittal or process should be directed to James B. O'Neill, II, CPPO, FNIGP (970) 221-6775. Pre -Proposal Meeting will be held at the SouthRidge Clubhouse, 5750 South Lemay Avenue, Fort Collins, CO 80525 on September 21, 2006 at 10:00 am. We will allow you to examine the premises at that time and answer any questions pertaining to the proposal. The meeting is not mandatory, but suggested. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https:Hsecure2.fcqov.com/bso/login.*sp 2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the RFP. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, jame B. O'NeillII,CPPO,FNIGP c r of Purchasing & Risk Management 215 North Mason Street • 2"" Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 0 Fax (970) 221-6707 www.fegov.com ATTACHMENTS P1037 SouthRidge Restaurant and Snack Bar Concessionaire • SouthRidge Scorecard • Policy Statement on Golf Staff Usage at City Golf Courses • 2007 Golf Fees and Charges Schedule • Golf Play Statistics at SouthRidge • City Provided Equipment • Concession Provided Equipment 10 ^ 10 'e .0 d# �T�j � • i o 1,]YyYF�i[ f h a� a w � j < CIO s en $Y 5. m iCq ODj ¢ �yy Ln M 00 # W 'r s N`O ^ Ln L r � w r' r � N T ! i •~ dui Co 10. a � i�M" ph i,y • a 1^ " ; �: It i ^ C4 i CITY OF FORT COLLINS CULTURAL, LIBRARY, AND RECREATIONAL SERVICES GOLF DIVISION SUBJECT: Policy Statement on Golf Staff Usages at City Golf Courses PURPOSE: Establish and Amend Procedures and Guidelines for Eligible Golf Division Staff for Usage of City Golf Courses and Golf Carts EFFECTIVE: July 1, 1995 (Amended January 1, 1998; January 1, 2002; October 1, 2003; and August 1, 2006) Cultural, Library, and Recreational Services staff who work within the Golf Division are eligible for discounted usage of City golf courses and City golf carts as follows: All Golf employees, whether paid or unpaid volunteers, who currently work within the City Golf Division, or are between work seasons, are covered by this policy. This includes both permanent and hourly/seasonal City of Fort Collins Golf employees, employees who are employed by the Golf Professionals, and primary employees employed by the Restaurant/Snack Bar Concessionaires. These employees may play rounds of golf and may use City golf carts and pay discounted fees, as appropriate. 2. Golf Play Usage shall be as follows: (a) Employees who normally work 30 hours or more per week have no restriction on the number of discounted rounds of golf played per week at the specific golf course where they work. Employees who normally work 29 hours or less per week are limited to up to two (2) discounted rounds of golf played per week, or up to 10 discounted rounds of golf per calendar month at the specific golf course where they work, per specific site policies, or as approved by the Manager of the Golf Division on a per site basis. All employees, however, will pay normal league or tournament fees to participate in leagues or tournaments, unless exempted by the Manager of Golf. (b) Employees may play one (1) discounted round of golf per month at both of the other two courses where they do not work. However, if practicing for a City sponsored or co- sponsored tournament to be played at the other golf course(s), employees may play discounted practice rounds of golf at the other course(s) within their regular number of rounds allowed per week one week prior to the tournament. The employee's supervisor is responsible for notifying the host Golf Professional. (c) Employees are allowed to make advance tee time reservations or be a part of someone else's reservation utilizing the same tee time reservation procedure approved for all golfers, however, we should strive to not replace full fee paying golfers. Employees will register as "staff," noting 9 or 18 holes, and may also be asked to sign a log book provided by the Golf Professional for management purposes. (d) All Golf employees will pay the appropriate City Surcharge Fees to play golf. 12 3. Golf Cart Usage shall be as follows: (a) Full Time/Hourly City Employees, and contractual supervisory employees, as defined by the Manager of the Golf Division, who normally work 30 hours or more per week, may use golf carts at no charge at the course where they work during weekday Non -Prime Time only, if a reasonable number of golf carts are available as per the judgement of the Golf Professional. For Prime Time, weekends, holidays, city sponsored or co -sponsored tournaments, leagues, or at the other two courses where they do not work, golf carts may be rented by the employee at 50 percent of the Regular 9 or 18 hole rates, if a reasonable number of golf carts are available, per the judgement of the Golf Professional. Non - employees riding with an employee will pay their full 50 percent share or the other one- half balance of the appropriate golf cart rental rate at all times. Two employees riding together pay only one fee. (b) Part Time/Seasonal city employees, as defined by the Manager of the Golf Division, who normally work 29 hours or less per week, may rent golf carts at 50 percent of the Regular 9 or 18 hole rates at all times at the course where they work, if there are a reasonable number of golf carts available as per the judgement of the Golf Professional. Non - employees riding with an employee will pay their full 50 percent share or the other one- half balance of the appropriate golf cart rental rate at all times. Two employees riding together pay only one fee. (c) Two employees (in a group of two, three, or four players) who get free or discounted golf carts, should ride in one golf cart together, as two free or discounted golf carts should not be taken. (d) All employees may use a golf cart free of charge at all times at the course where they work if they are also policing the course, observing course conditions, rangering, or as per the judgement of the Golf Professional. All employees who use a golf cart free of charge or at a discount rate will be expected to pick up trash on the course, report any problems, and generally "marshall" while on the course. The above policy statements are subject to change at any time and are not to be considered as guarantees, nor are they to be considered as a form of direct or indirect compensation. Any abuse of these privileges may result in the loss of future privileges. 13 2007 GOLF FEES AND CHARGES City Park Nine, Collindale Daily Green Fees and SouthRidae 9-Hole Prime Time $16 9-Hole Non -Prime Time $14 9-Hole Non -Prime Time Ages 60 to 74 $12 9-Hole Non -Prime Time Ages 17 & under and 75+ $10 Twilight Rate (1 '/z hours prior to posted sunset, and $11 2:00 p.m. November through February) 18-Hole Prime Time $29 18-Hole Non -Prime Time $26 18-Hole Non -Prime Time Ages 60 to 74 $20 18-Hole Non -Prime Time Ages 17 & under and 75+ $18 Tournament Fees Tournament Reservation Fee $ 3/9-Holes per player Tournament Reservation Fee Prime Time (Shotgun) $ 5/9-Holes per player Tournament Service Fee to Golf Professional $12-per player with $8 in Golf Shop Credit Tournament Service Fee to Concessionare $ 7-per player in Food/Beverage Credit Tournament Reservation Fees are added to Daily Green Fees for Tournaments. Tournament Service Fees for Golf Professionals and/or Concessionaires may be fully or partially waived at their option. 10-Play Punch Cards 2007 10-Play Punch Cards provide for a 15% Discount off the Prime Time Daily Green Fees; They are good at all three City Golf Courses; They are Not Valid for Tournament Play (unless exempted); They have No Cash Return Value, but they Maintain their Credit Value Indefinitely. Prior year(s) punch cards can be used by paying the current year cash differential of the per punch credit value. 9-Hole 10-Play Punch Card $136.00 ($13.60 per punch credit value) 18-Hole 10-Play Punch Card $246.50 ($24.65 per punch credit value) Annual Passes 2007 Annual Passes entitle the cardholder to play golf at all three City Golf Courses as often as desired and as the courses are available during Non -Prime Time only; They are Not Transferable; They are Not Valid for Tournament or League Play (unless exempted); They Expire January 31, 2008; and Users must have a Fort Collins Address Only. Users also pay an Annual Pass Per Play Fee. Adult (Ages 18 to 59) $500 Adult (Ages 60 to 74) $375 Age 17 & under and Age 75+ $250 Annual Pass Per Play Fees 9-Holes 18-Holes Adult (Ages 18 to 74) at City Park Nine and Collindale $3.00 $6.00 Age 17 & under and Age 75+ at City Park Nine and Collindale $2.50 $5.00 All Annual Pass Cardholders at SouthRidge $7.00 $13.00 14 Golf Cart Rental Fees (includes Sales Tax) Golf Carts are discounted for those golfers Age 60+ during Non -Prime Time hours only; A non-playing observer may ride for free with a Single Golfer. 9-Hole Regular $16 18-Hole Regular $24 9-Hole Age 60+ $13 18-Hole Age 60+ $19 9-Hole Single Golfer $11 18-Hole Single Golfer $16 Private Golf Cart Usage Fees $16 Daily; or $200 per Season, plus $100 Per Course Added Prime Time and Non -Prime Time NON -PRIME TIME hours at CITY PARK NINE: All times at CITY PARK NINE shall be considered NON - PRIME TIME hours. PRIME TIME hours at COLLINDALE, as based upon reserved/scheduled tee times, shall be considered to be in effect during the months of April, May, June, July, August, and through September 15th, all day on Friday, all day on Saturday, on Sunday until 2:00 p.m., and all day on City Holidays (Memorial Day, Independence Day, and Labor Day), based upon course conditions. All other times at COLLINDALE shall be considered NON PRIME TIME hours. NON -PRIME TIME hours at SOUTHRIDGE, as based upon reserved/scheduled tee times, shall be applicable daily during the months of September 16th through March 31 st; and on Monday, Tuesday, Wednesday, and Thursday except City Holidays (Memorial Day, Independence Day, and Labor Day) from 6:30 a.m. (or first Tee Time) until 2:30 p.m. during the months of April through September 15th. All other times shall be considered PRIME TIME hours at SOUTHRIDGE, based upon course conditions. Surchar¢e Fees The total Surcharge Fees for 2007 are $2.50 on each 9-Hole Round and $5.00 on each 18-Hole Round, and are already included in Daily Green Fee Rates, 10-Play Punch Card fees, and Annual Pass Per Play Fees. Surcharge Fee Revenues will be used for Golf Division Capital Outlay and debt service payments purposes only. JPBrown: Revised 07/20/06 15 ' I�«- «wvxr-r: ro.eaa T Rill r 00- cc 40 @, Q10043rM df f+ 'TgM ter. 14, T y�"'''36er"a3 2 p' ,E""MlJ( r �Ni �r7070 A?CREw ��i1-. N:� e N } z s 0 f p w cv is T t- T e III Wyn lvto 140 € (t[ m 8 V (M 0'oP Tpph Nt�jGf h.(V T. �,aSjsrict 1cq tv . T a 0 0 0 � T TTi+J 1[Y C`.n ID R" �mtp� A r 1 qi 0 4f iS .°�i'tl11 �. � 47�ipY t�l��MiT �iV 44A��EEE OJ IDI\. 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Sandwich/make table/cooler Imperial oven Imperial deep fryer Hood system Reach in freezer Stainless steel prep line with sink Concession Provided Equipment Basement: Coronado Freezer Pepsi machine and BIB rack CO2 bottles Wire shelves Food & Beverage inventory Paper product inventory Coleman coolers Chafing dishes Yamaha beverage cart Club Car beverage cart Office furniture Sales records and receipts Computer and printer Wireless Internet module TV and cables Window blind Oak cabinet Art Work Bunker House Ice machine Microwave Display coolers 1 space heater Beverage inventory Dining Room and Bar Food, liquor, and beverage inventory TV's, brackets, and cables Stereo system Camera system and all cables Plants, artwork, and wall hangings Display coolers Display racks All Glassware Cowboy doors Alder (wooden) top tables and bases Pepsi gun and compressor Can cooler Tap box and brass plate All taps and tap handles Dining Room and Bar cont. Computer System and cash drawer Umbrellas and bases Pergola shade Gas grill Folding tables Speed racks All Mackenzie's signage and logo Coffee Warmer Wire racks in walk-in cooler Pepsi cooler in closet CO2 tanks Easel, chalk boards, and dry erase boards Dolly Ticket hangers Phones Kitchen Food inventory Wire shelves Cambro and Tupperware All pots and pans All china and flatware Chemicals Chaffing dishes and hotel pans Stainless steel prep table Coleman coolers Soup warmer Towels and aprons Serving trays Coffee machine and decanters Speed rack and ticket hangers All cutting boards Gas flat top Gas broiler Electric broiler Microwave Toaster Hot dog machine Bread cart Tomato slicer Paper product inventory Spoons, ladles, turners, knives 19 P1.037 SOUTHRIDGE GOLF COURSE RESTAURANT/SNACK BAR CONCESSIONAIRE Background information The City of Fort Collins is the owner and operator of the SouthRidge Golf Course located at 5750 South Lemay Avenue, Fort Collins, Colorado 80525. In connection with the operation of SouthRidge Golf Course, the City has established a clubhouse which includes a restaurant/snack bar area. There is also a Bunker House satellite snack bar facility on the course. The Cultural, Library, and Recreational Services area Golf Division administers the golf facilities for the City, and desires to grant to a contractual food and beverage Concessionaire the use of the Concession Space for the purpose of offering quality food, non-alcoholic beverages, licensed alcoholic beverages, and related services primarily to golfers using SouthRidge Golf Course and, incidentally, to the public, for the year 2007 with annual renewal options for the years 2008 through 2011; with possible extensions of the original five-year term if performance is satisfactory and subject to City Council approval. The main purpose of this Concession Space is to provide quality food and beverage services to our customers, the golfers who use SouthRidge Golf Course. The Golf Concessionaire provides all employees and volunteers necessary to facilitate the full and efficient use and management of the concession operations as described; and the Concessionaire owns and sells the food and beverages, and related merchandise and services. The Concession Space and Clubhouse is not necessarily intended to be a full -service type restaurant to the general public, even though additional services may be deemed appropriate for the annual operation of this concession. During the months of April, May, June, July, August, and September, our golfers are the primary customers and they will not be displaced by any non -golfer related activities or functions unless approved by the Golf Division Manager. During the "off-season" from October through March, the Concession Space and Clubhouse may be used for general public use purposes, but golfers will always remain as the primary customers. The City currently does not plan to significantly enlarge or change the restaurant/snack bar area or Bunker House in any way. The Course/History SouthRidge Golf Course was constructed for the City in 1982/84 by a private developer on 128- acres of land donated to the City. This regulation 18-hole course features sculptured fairways with challenging sand and water hazards. There are well -manicured greens and tee boxes with diverse elevations offering beautiful views of the nearby majestic Rocky Mountains. SouthRidge is a par 71 playing up to 6,378 yards. Facilities include a driving range and putting green, a 3,200 square foot tri-level clubhouse, pro shop, and full service restaurant/snack bar, and a 2,500 square foot attached patio deck. There is also a 264 square foot snack shop building (known as the Bunker House) on the course between the 1 st tee box and the #9 green/#10 tee box. The Bunker House was constructed by the City to serve as a field restroom for golfers, and as a satellite snack bar facility. It has been used for snack bar purposes in past years, and at one time a Concessionaire installed a two-way speaker system on the 9th tee box so customers could order quick food and beverages and pick them up after putting on #9 before teeing off on #10. However, the current Concessionaire basically uses the Bunker House for storage and rarely sells food or beverages from that location. The next Concessionaire will have the option of utilizing the Bunker House for either purpose, as is appropriate. Frank Hummel of Greeley, Colorado, was the golf course architect and principal contractor for the facility. The Architectural Firm of Junge Reiche Magee, Boulder, Colorado, designed the clubhouse which consists of a pro shop, restaurant/snack bar area, and basement storage, Concessionaire's office, and a club repair operation, adjacent to a paved 166-car parking lot. The PROPOSAL NO: P1037 DATED THIS PROPOSAL DAY OF , 2006 CONTRACT FOR SERVICES: SouthRidge Golf Course Restaurant/Snack Bar 5750 South Lemay Avenue Fort Collins CO 80525 TO: City of Fort Collins Office of Purchasing and Risk Management 215 North Mason Street, 2"d floor (if delivered) P.O. Box 580 (if mailed) Fort Collins CO 80522 To Whom It May Concern: The undersigned, pursuant to the Request for Proposals, which requested proposals for a contractual Concessionaire to operate the restaurant/snack bar food and beverage concession at SouthRidge Golf Course, having examined all documents, the concession site, and having become familiar with all the conditions existing and relative to same, hereby proposes to operate same in accordance with the proposal documents. 2. I/we acknowledge receipt of the following addenda and have included their provisions in the proposal: Addendum No.( ),Dated Addendum No.( ),Dated 3. In submitting this proposal, the undersigned warrants that he/she has complied with all the provisions of the "Request for Proposals, Instructions, and Specifications," and can furnish the labor and materials and business acumen to carry out the concession operation in all respects, as specified in the proposal documents. 4. The undersigned submits the following proposal, which includes all permits, licenses, insurance, fees, and taxes, etc., included in the following documents, fully completed, as a condition of submitting an acceptable proposal: A. Proposal Questionnaire B. An Annual Payment Schedule Statement to the City 5. The undersigned also agrees that he/she will not withdraw his/her proposal for a period of sixty (60) days from the closing date for receiving proposals. Respectfully submitted: By: Signature Print Name Title Address: Phone: 20 PROPOSAL QUESTIONNAIRE INFORMATION/RATING CRITERIA Attached you will find the "Proposal Questionnaire." You will need to answer all six questions on one side of 8-1/2" x 11" paper only, per question. We have determined that you must answer each question with no more than one page per answer per question. Please try to answer each question in sufficient detail, noting that we are interested in the quality of your answers, not just the quantity. In addition to the six pages, you may also provide one 8 '/2" x 11" supplemental page (one side only) to complete additional information or to further answer any of the six questions which you could not do within the one page limitation. You may also attach a copy of your resume if you desire which does not count against your page limitations. If you are selected for an oral interview, you will need to bring a copy of tangible proof of your financial ability to perform as the SouthRidge Restaurant/Snack Bar Concessionaire, as well as your ability to secure acceptable insurance coverage as noted in the specifications; and you will need to provide the Manager of Golf with at least three (3) written references prior to the interview that we may contact regarding your qualifications. The City will also conduct a background screening procedure and you will need to provide a signed authorization form to allow the screening to proceed. Review and Assessment Respondents will be evaluated on their written answers to the following six questions. A rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Each of the six questions shall have a "weighting factor' of either 1.0, 2.0. 3.0. or 4.0 as we have determined, meaning that the maximum total of points to be achieved from the six questions is 80 points. In addition, we have assigned a 4.0 "weighting factor' to the Annual Payment Schedule Statement to the City, meaning it has a maximum total of 20 points (also on a 1 to 5 scale) by itself. Therefore, the maximum grand total of points to be achieved is 100 per rater. Proposal Questionnaire 1. What are your qualifications to perform the service, and what qualifications will you require of the staff on site? (You may attach a copy of your resume if you desire, which does not count against your page limitations). Weighting Value of 3.0 2. Outline your plans to operate the concession with regards to your personal involvement, or the use of a manager on site. Weighting Value of 2.0 3. What is your business/staff plan in order to accomplish the minimum services as per the specifications, or if you desire to exceed the minimum services? Weighting Value of 2.0 4. What is your financial ability for providing services and products at the concession site as per the specifications? Weighting Value of 1.0 5. What is your assessment of the needs at SouthRidge Golf Course with respect to food and beverage services, both inside the clubhouse as well as outside on the golf course, and how will you meet these needs? Weighting Factor of 4.0 6. What is your philosophy of the food and beverages to be provided, including what will be your variety of menu items to be served, the need for healthier products, managing alcohol, etc. (Please provide a sample of your proposed menu and beverage items and your conceptual projected pricing structure which does not count against your page limitations.) Weighting Factor of 4.0 Additionally: Annual Payment Schedule Statement to the City Weighting Factor of 4.0 21 ANNUAL PAYMENT SCHEDULE STATEMENT TO THE CITY The existing Concessionaire at the SouthRidge Golf Course Restaurant/Snack Bar has paid to the City annual cash and/or in -kind contributions or a minimum guarantee (whichever was greater), for the privilege of operating the food and beverage concession. Therefore, in consideration of the aforementioned... You may desire to pay to the City of Fort Collins an annual fee payment in either a flat -rate amount, or on a percentage basis, and/or make an in -kind contribution of a specific dollar value. If so, how much money/percentage/value will you (Concessionaire) pay in each year listed to the City of Fort Collins to be the Concessionaire at SouthRidge Golf Course? 2007 -- $ _ _ or % or 2008 -- $ or % or 2009 -- $ or % or 2010 -- $ or % or 2011 -- $ or % or (if you need to explain any of the above, you may attach such a written explanation). Weighting Value of 4.0 22 -Draft- SOUTHRIDGE GOLF COURSE RESTAURANT/SNACK BAR CONCESSION AGREEMENT This Concession Agreement, hereinafter called the "Agreement," is made and entered into as of the _ day of _, _, 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, whose principal offices are at 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. 23 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. 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 24 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. 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, 25 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. 26 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 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. 27 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 cats 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: M Course Superintendent, Randy Bonneville was on site during the construction. Currently, all golf course maintenance staff are employees of the City of Fort Collins, and both the Golf Professional (Dale Smigelsky, PGA) and staff, and the Restaurant/Snack Bar Concessionaire (Rob Dahl) and staff, are provided to the City by private contractors through agreements with the City subject to the City Code requirements for a competitive procurement process. SouthRidge is considered primarily a "daily fee" type of Municipal golf course. An average of nearly 49,000 rounds of golf have been played each year since 2000, with roughly 60% of those rounds being 9-hole. Less than 2,000 rounds annually are played by Annual Pass players. Revenue from tournaments and leagues has become very important at SouthRidge. Attached Information/Data Attached are copies of the SouthRidge scorecard, the "Policy Statement on Golf Staff Usage at City Golf Courses," the 2007 Golf Fees and Charges Schedule, and golf play statistics at SouthRidge from 2003 to June 2006 for your information and reference. Also, as a part of this concession site, the City currently owns and is responsible for the maintenance of certain equipment as described in an inventory attachment. The Concessionaire must provide all other equipment/inventory and maintenance in order to successfully operate this concession. The Concession and Revenues The existing contracted Concessionaire at SouthRidge, "The Sandtrap, Inc." dba "Mackenzie's Pub and Grill at SouthRidge", have served in that capacity since 1993 when a three-year agreement was awarded through an RFP process. Two one year extensions to the original agreement (as authorized by City Code) were negotiated for a total five-year term. This agreement with the City expired December 31, 1997, and The Sandtrap, Inc. was again awarded an Agreement through the City Code requirement of a competitive procurement process. Their current Agreement with the City expires December 31, 2006 and as required by City Code we are conducting a competitive procurement process to award a new agreement. There have been several different ownership structures of the Sandtrap, Inc. since 1993, with the current owner in place as of January, 2002. A breakdown of Mackenzie's gross sales is as follows: 2003 2004 2005 2006 (Jan. 1-June 30) Beer $109,292.15 $104,795.58 $124,145.49 $59,767.60 Liquor & Wine $19,356.54 $19,450.01 $19,590.27 $9,806.06 Food $56,197.13 $73,186.29 $72,341.31 $36,070.76 Beverages $11,496.22 $11,674.64 $11,643.65 $5,821.87 Employee meals $769.11 $1,889.19 $704.96 $283.00 Cart Sales $53,085.63 $46,068.23 $45,654.11 $23,830.95 Tournament food $21,902.67 $23,283.30 $23,866.80 $8,646.13 Other income $590.08 $2,350.10 $1,119.33 $331.68 Total $272,689.53 $282,697.34 $299,065.92 $144,558.05 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. ARTICLE 6 Tenn 6.1 Period. The term of this Agreement shall commence January 1, 2007 or on the date this Agreement is executed by the parties 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 30 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 Dollars () in 2007, Dollars () in 2008, Dollars () in 2009, Dollars () in 2010, and Dollars () 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 31 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 32 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 33 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. 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 34 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 additional insured under this Agreement as specified in Exhibit "F", which is attached hereto and incorporated herein by this reference. 12.5 Precautions Against Injury. 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 Assi nment 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. 35 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 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. 36 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. 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. 37 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. 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. 17.8 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 terms 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. 39 The City makes no representations or guarantees as to the accuracy of the revenue figures as provided by the Concessionaire. In 2003 the Concessionaire paid a total Concession Fee of $22,700 in cash and/or in -kind contribution to the City. In 2004 the Concessionaire paid a total Concession Fee of $23,200 in cash and/or in -kind contributions to the City. In 2005 the Concessionaire paid a total Concession Fee of $23,700 in cash and/ or in -kind contributions to the City. In 2006 the Concessionaire is scheduled to pay $24,200 as a Concession Fee in cash and/or in -kind contributions to the City; as per the 1997 RFP and negotiations. The City Manager annually approves the Golf Fees and Charges after reviewing recommendations from the Golf Advisory Board and Golf Division staff. One of these City approved Fees and Charges is a "Tournament Services Fee to the Concessionaire" of $7.00 per player for food/beverage credit. This fee may be fully or partially waived at the option of the Concessionaire. The fee is designed to guarantee that the Concessionaire makes money on golf tournaments. Historically, the menu at Mackenzie's has included breakfast such as eggs, bacon, ham, sausage, biscuits and gravy, breakfast burritos, omelettes, donuts, hashbrowns, fruit, cereal, etc., and lunches/dinners have included hot dogs, hamburgers, sandwiches both hot and cold, steaks, fish, chili, fries, nachos, etc. Tournament menus have included food such as prime rib when requested. Beverages include coffee, tea, milk, juices, soft drinks, beer and wine, and a full service liquor bar, etc. However, a new restaurant philosophy on menu items can be submitted and will be considered. In addition to restaurant/snack bar operations, the Concessionaire must furnish their own beverage cart(s) in order to provide food and beverage services on the grounds of the course. The City will not allow the usage of City -owned golf carts for this purpose. There are private businesses in the region that will lease or sell such mobile beverage/snack golf carts to the Concessionaire, and the City requires the Concessionaire to provide such a service to SouthRidge golfers on a continual basis, as is profitable for the Concessionaire. The Concessionaire must also assume and perform all janitorial duties and functions in the restaurant/snack bar area and Bunker House, including the clubhouse patio, and must completely maintain the restrooms located on the main floor in the clubhouse, and in the Bunker House. Restrooms need be maintained every day in a high quality manner to satisfy customer desires and Health Department requirements. Previously this janitorial function was not included as a bid requirement, but now it is and needs to be considered. Liquor License Currently an integral element of the SouthRidge Restaurant/Snack Bar Concession operation is the sale of alcoholic beverages, which makes up a considerable portion of the gross revenues generated. In 1997 the City authorized the creation of a Hotel -Restaurant with Optional Premises license at SouthRidge. If a new Concessionaire is awarded the Agreement, immediately after signing the Concession agreement document, the new Concessionaire will make application for the existing Hotel -Restaurant with Optional Premises liquor license to be transferred from the current Concessionaire into the name of the new Concessionaire. Therefore, the new Restaurant/Snack Bar Concessionaire must be able to fully qualify for this Hotel -Restaurant with Optional Premises liquor license, and will be subject to investigation(s) by the City of Fort Collins Police Services and/or the State of Colorado. It will probably take between two and three months before a new Concessionaire receives final approval from the City Liquor Licensing Authority for the transfer to be completed. Liquor cannot be sold during that period of time unless a temporary license is issued. Failure to qualify for a liquor license or E 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: To Concessionaire: 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. .m IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney ATTEST: THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: James B. O'Neill, II, CPPO, FNIGP Director of Purchasing and Risk Management to 41 EXHIBIT A City offort Collins Cultural, Library, rind Recreational Services Golf Division Policy. Contractor Personnel Conduct and Dancanor, and Background Screening for Positions Of Trust Under the terns and conditions of each reapoctive Conbactoes Aft wM the City, all doff Professionals and RestauranVSnaek Bar Concessionaires shall carrtrol the conduct and demeanor of their employees, volunteers, and other represexttahves or agents of the Contractor that will be working on behalf of the Cwtdactor in providing services to the City. The Color agrees to provide to the City at all times a CUM* list of employees, volrmtows, and other reprosm atives or agents of Contractor that will be woddng on behalf of the Contraotor in providing services to the City under their Agromant, and that all such esrmployeea, volunteers, and other representatives or agents of Cazrftac for agree to adhere to the of Persons! Conduct and performance," Contractors and the City also hereby acknowledge and agree that certain services provided by the Contractor will require that speeifred employees, volunteers, and other WFwantauves or agents of the Contractor act in "positions of trust" which can include the handling of and/or accounting for fonds of the City and/or of City property, or direct eontact with youth and members of the general public. Acoordingly, each Conhaotor agrees that all specified empboyas, volunteers, or other representatives or agents of Contractor in positions of trust shall be screearWRiyedig" at the expronse of the Contractor using the Ciiy's wed badgxe snd succoWmvestiption procedure as described in each respective Contractor's Agrvcncnt; and that the results of such background scroeninglinvestigation shall be provided to the City prior to any such parsons participation in the provision of savloes, as described in each rcgmt ve Contractoes AgreemwL Each Contractor stall require the crompkdon and execaticns of tho DlsclosurwVU'aivex form for all speoified employees, volunteers, and other reprrsertta6ves or agents of Contractor. The purpose of this form is to provide the necessary inf tnation about an applicant and permission to review cottfidential information for a complete and thorough background screening/iavesiigation. The Contractor shall provide to all said employees, volw►tO=, and other mess or agents a Sunnrnary of Rights under the fair Credit Reporting Act, The background somening/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/invea Ligation, including providing the completed disclosure foam to an outside vendor for a confidential records chock. Canttaotor acknowledges that by providing such assistance the City assumes no responsibility for the timelmo&% accuracy or completeness of the background screertingJuivestigation, or for tide direct or induwt coa>sequences resulting f vm the same, and the Contractor shall hold the City harmless for any injury or loss resulting them&o n. page 1 of 2 42 The C.anrtradot shall make job assignmeants and respanab k assigrunents based upon and in consideration of the background scx+eenioy/mvestigation, and shalt not Paul t any person to perform any pos*on for which such porsont cbanmW or suitability are maamably in queswn based upon the in€ormailon obtainod in oonnoodon with a background the City may, in its disrItion, objoot to ar►y aMPMOfft of COMMO r Persormd to positions of UUO, as based upon the baclqraund smocninsAnvestiphon. In tyre event that information fran the ncport is ufilind in whole or in part in making an advem decision with regud to patcntiat amploymeattvalaotfo advaw decision, this City win attempt t0 pmvide ConftcW wide a copy ofthe omm mor ropoWvdinioml bWmy. Specified emisioyees, vo%abeers, and other ra vwmta&w or agents of Contractors idartified at this bore to be in positions of trust stall incjm* but are not ne cemdly limited to, elf top assisteM% area or SWUM martagas, lesson providers, personnel that fttedly ban& and/or a owd for City funds; and those positions that can wo& individually with youth or manbera of the geno W public. Contractor Process for Oba�_Badwound Sur b iavesi attoa b&rroatim 1. Once an mgloyee, volunteer, other ttpvsautakvt or agent bas bem aeleded by the Couft der, the employee, Ydwtw., othor ro mesentative or agent (applicant) shall c onVicte ffie background smvmkWfAvvsgatim tone:, whieb is titled 'Disolosm to PmoapooBve EUODyries, Yoherteera, or Oder Rap rim or Agents of Contm tas RVmft Pmoutainmt of a Caasumer Report (including a aiminai history report)." 2. When the amployw, vohnatxr, oflm repn ow4aUve or agent (applicant) has oomplebed and signed tiro fans, tiro Contractor shall initial cad date fvr %c buttmo of the nn, giving the bottom copy of the foam to the applicant. The Contractor sball also give to the apprwm t at this time a summm3► of hislher tights under the federal Per Credit Reporting Ad. The Fair Credit Reporting Act aW*Opom ruplimments and pmooduues related to any adverse decisions based upon mod'rt inflonnason. 3. Mie Contractor keeps one copy of the form and forwards the original signed copy of the form to the Oolf Division Admimbtmdve office. in order to m"dibe the processing time, the contactor may also FAX a copy or bring the original copy of oho form to ilia Golf Division Administrative Aide. Once the Adiabbfcative Aisle myna Ow form information into fire oompilwo it takes three to faun days for the CiVs c uhactcd background sommingitnvestigation fum to perform their service. 4. Because of the huge number of applicants being soreoned using this siorilar proow.,, them shall be no notification to the Contractor unless an applicant romives a negative report widin four days of the time first the Administrative Aide carters the infwmadoun ido tyre computer. 'lhet+efore, the applicant may begin assigitmcot for the ContracWr after four days w )m the ConVaotor is nWifred odxmm. However, be aware that it is possible that we could receive a negative report after four days, and we will have to addron the situation at that time. JPB 03.22.01 page 2 of 2 43 EXHIBIT B DISCLOSURE TO PROSPECITYE EMPLOYEES, VOLUNTLF14tl5, OR OTHER REPRESETATIM OR AGENTS OF CONTRACTORS RRGARDIKG PROCURO ENT OF A CONSMM Rffi'ORT (incluffing a criminal history report) In comre 4on with your status as a prospective employee, vs►ltmt=, or other reFamuttive 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 prooess of considering your canadwy for said status. The motion cmnducted in C04MSWUM with the "port may include an MVWftXsfiW of Your personal employmendvolu tsar history, education, &umcial, and credit woerds, public records conocraft your driving reoonl, civil and criminal court records, county, state, and Pederal tax liens, notices of default and bankruptcies, and other records as may be appropriate. In the event that infomoalion from the report is utilised in whole or in part in nuking an adverse decision with regard to your PWMAdemPMym�Vvolpateedrepretativa/agexitsbAus, before making the adverse dee"on, the City and the Contractor will attempt to provide you hnd The C0ntract0r with a copy of the consumer repoweimoinal history and a description in writing of your rights under the Federal Fair C wdit Reporting Art. The Fair Craft Rig Act gives You n8bb in 4001ing with oonsumer reporting agaome& A copy of A SUMMARY OP YOUR RIGHTS UNDER TIM FAIR CREDIT REPORTING ACT is attached to this downwa . By your signature below, you hereby authorize us to obtain a consumer report anftr an mvt shgativc report about you in order to oonsider your stains as a prospective employee, volunteer, or ether reprt s eatative or agent for The Contractor. Applicant's (Meese PrkW First Middle Signature: Date of Birth: Applicant's Address: City/StatelZip: Drivees License W: Social Security#: Signature of PataA or Ouardien ('if q► hwut h cruderrho &V of 18): Odd Names Used in the Last Seven M Years: Previous Out -of -State Address(es) in the Past Seven (7) Years: 1. 2. Address City County State Zip Addrow City County State Zip Please list any additional addresm on the back ofthis page. Contractor's laitiats:^_ _ _ Date: --City Staff Initials: Date: 44 EXHIBIT C Pord inform twion en esptutid, visire www-fte.gaiVeredir #4 escribe a la FTC Consumer Resljonve Ceirrer, Rimm 130-A 600 Penn.94iwnia.,fiv. A. W, lVashingtort, D.C. 26-580. A Summary of Your Rights I. nder the Fair Credit Reporting Act The federal Fair Credit: Reporting Act (FCRA) promotes the accuracy, faimess, 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 renal history records), Here is asummary of your major rights undertheFCRA. For more informittiop, including information about additional rights. go to wwwAc.2ovAredit or write to: Cvnsumer Response Ctifter, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave. N.W. Washingtom WC. 20580. You must be told if information in your file has been used against you. Anyone who uses a credit report or anothertype of cons-umer report to deny your application for credit, insurance, or employment - or to take onotboradverse artwn against: you - must tell you,, and must give you the, name, address, and phone numberof the agency that provided the information, Vou 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 actionagainst you because, of inforniation in your credit report; • you are the -victim of identify theft and place a fraud alert in your file; your fi le contains inaccurate information as a resu I t of fraud; you are on public assistance; you are unemplowd but expuct to apply 1i)r employment within 60 clays. Inaddition, by, September 20,05 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-f1c,L1nv,,'crcdit for additional information. You have the right to, ask fora credit score. Credit store-,,, are numerical summaries of your credit- worthiness based tin information from eredit bureau,.;. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loam, but you will have to pay for it. Insonic mortga , ge trarwacn tins, you will receive credit scare information 1br free from the rnortga�p: ientler. N on have the right to dispute inA.-omplvie or inaccurate infortua(ion. 11"you identify information in your file that is incomplete car inwcurate, anti report it to the consurner reporting agency„ the agerk:ymust invtstigateunssyi)urtlisputzi,,; ffivolims. Sze ww%v.ftg.gov.,`ervdit for an explanation ofdispute pnxvdures. Consumer reporting agenviek niosi vtorrvei or delete iiiactorale, incomplete, or u over Ir iable iiiforinafion. Inaccurate, incomplete or unverifiable inibrmation must be rcmovvd or Corrcetc-d, usually within 30 days. continue to report infonnation it has verifk�d its accurate. 45 Consumer reporting agencies may not report outdated negative information. In mo.st cases, a con sume'r 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 FORA specifics those with a valid need for access. a You. must give your consent for reports to Ite provided to employers. A consumer reporting agency may not give out information about, you to ),our employer, Cara potential employer, without r-)ur written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to www.ftexpVcredit, You may limit "prescreened" offers of credit and fit".rance you wl hasell on information in your credit relxort. Unsolicited "prescreelim" offirs for credit and insurance must include a toll -free phone number you em call if you choose to remove your name and address from the list; these offers are based on. You may opt -out with the nationwide credit bureaus at 1 -800- xxx-xx_-),,A. You may u.vk damages from violator,.,. Zia consumer 11 reporting agency, or, in some caws, a user of consumer reports or a furnisher of information to a consumer reporting agency violaws- 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.f1c.UoVcrcdit. States may enforce the VCWlt, and rually states have their own consumer reporting laws. In I in e cases, you May have more lights under state law. Fill- more information, contact your state or local consumer prote-ction agency or your state Attorney General. Federal enforce" are: rype of sy siwsa: NTACT, lons"er "OrIng SVOM6S, cffid-10rs Wd Whff 3 net Asied babow adeiw Tradle C&MMICA. C0fMU"WRa8PCMeCffVUV-FCRA On, OC 2OW 1-8n,3&-436? 4ale" ban#a, f6deral of brangn ban" �v�ord tm 0 lbh 0 CmVUWer d T* C uwakcy N81WW Cr ftliats NA.- ap4,ear 6-1 of atef 6acoofa ran*� 0 Mar'eaemea' mad on- DC 20219 800-613�6M : Reseroe �ederaf Rmerve grlem rtjenjL,,W ber*s I and exw�4 maxotaf hark a, and 4�4 Board ede?W tfand�edaqenaee ol luego N�jks; )OA&Or, & nm8wYw & Ccfflftmily AVajr3 Vashfiglon, DC;bMI =4!j2-36V.3 — gavorgs as 'ens and cna'ed aawngs tanks PAVAI AUeol T" "Vfidftrsr Of O-WAIrs aPctar,n -W1ef&-'m-3tCAona fwnee 'CO'Surw curoainta Va*MQMA, LVC 20662 WX-842-e42S ederaP eradd Untoo a f *CrdR 'It C'-ed' lkooa" acpes? Z#i 4atonat uwm Lftan AAM^atraV4� n*11AO1'g ranq*� M DAi- greet Vftafldda,*VA2a14 M'j-5j"EjYj tna,.omoF Ccor"airtr 9 yvem mw ReaPome Conler, 2346 Grand Avw Onau-Pbe, Suda I GO of r3a MnVnen cal�-a rtguAled ty tMer 5e—panmeqls C4 Tram",rtm&l' 011p-e of 1;fvaft" MWMV6n*n1 BOwd Ce ht6fetAft CefmiirctCcaynamko, Nashnglon, DC 20&W 202-366-t3ce kAvticls su: to V* Fl"wns and S1,ockvame ALI, IW�j V=jD ,�Adftrrakalor-GIPSA 202SO =2420-7051 Ertl EXHIBIT D City Provided Equipment Basement Kitchen cont. Folding chairs Sandwich/make table/cooler Wood shelves in office Imperial oven Imperial deep fryer Hood system 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 spray 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 47 EXHIBIT E Concession Provided Equipment 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/$500,0001100,000-- Workers' Compensation Coverage B 5. $1,000,000 --Products Liability 49 failure to obtain such license within ninety (90) days after execution of an agreement shall constitute a default. With the Hotel -Restaurant with Optional Premises Liquor License it will be possible to sell all types of alcoholic beverages at the course. However, the City has determined that only beer in cans or plastic bottles will be allowed outside of the buildings/patio deck on the grounds of the course, and the Manager of the Golf Division will determine on an individual basis whether mixed drinks, wine, or straight alcohol in non -glass containers will be allowed for sale and consumption on the course. For purposes of the liquor license, the premises authorized through this license has historically been defined to include "The Clubhouse and Patio, the Bunker House, and the entire grounds of SouthRidge Golf Course." If you have any questions about the liquor Liquor Licensing Specialist, at 221-6315. broker regarding liquor liability insurance, concession. Criteria for Proposal Award The proposal will be evaluated as follows: license process, please contact Aimee Jensen, City Also, you should contact your insurance agent or as well as other required insurance coverage for this A five -person SouthRidge Restaurant/Snack Bar Concession RFP Review Committee, composed of two members from the City of Fort Collins Golf Advisory Board, one citizen member appointed by the Director of Purchasing, one member from the City Golf Division staff, and one member from the City of Fort Collins Purchasing staff, will review all written proposals. Using a point evaluation system for grading each proposal, the committee will rank each proposal in numerical order. 2. The top ranked proposers may be interviewed by the Committee and the Committee will rank the interviews using criteria and potential questions regarding background and experience of the Concessionaire, the ability of the Concessionaire to operate as per the scope of the proposal, and the financial circumstances of the proposal including ability to perform and revenues to the City. Interviews are tentatively scheduled for late afternoon on Tuesday October 10, 2006. 3. The Manager of the Golf Division will check the references and perform a background screening of the top ranked individual/firm. If the references and background screening are acceptable, an agreement will be awarded to the highest ranked firm/individual subject to suitable contract negotiations. Schedule Pre Proposal meeting at site September 21, 2006 10:00 A.M. Open RFP's October 2, 2006 10:00 A.M. Interviews October 10, 2006 4:00 P.M. 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 I ---current Colorado identification card I --U.S. military card or dependent identification card I --U.S. coast guard merchant mariner card I ---Native American tribal document The following forms of identification may be accepted through February 28, 2007* 1 ---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 I ---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. 50 Administrati— cP ;ces Purchas7 REQUEST FOR PROPOSAL iiii P1037 City of Fort Collins SOUTHRIDGE GOLF COURSE RESTAURANT/SNACK BAR CONCESSIONAIRE The City of Fort Collins is hereby requesting proposals for a contractual Food and Beverage Concessionaire to manage and operate the Restaurant/Snack Bar Concession at SouthRidge Golf Course, 5750 S. Lemay Ave Fort Collins, CO 80525 for the year 2007 with possible annual renewal options for the years 2008 through 2011 with a possible extension of the original five-year term for up to five additional years if performance is satisfactory and subject to City Council approval. Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 10:00 a.m. (our clock), October 2, 2006. Proposal No. P1037. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Manager of Golf, Jerry P. Brown (970) 221-6350. Questions regarding proposals submittal or process should be directed to James B. O'Neill, II, CPPO, FNIGP (970) 221-6775. Pre -Proposal Meeting will be held at the SouthRidge Clubhouse, 5750 South Lemay Avenue, Fort Collins, CO 80525 on September 21, 2006 at 10:00 am. We will allow you to examine the premises at that time and answer any questions pertaining to the proposal. The meeting is not mandatory, but suggested. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https:Hsecure2.fcgov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the RFP. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2°d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 wwNvA%!ov.com P1037 SOUTHRIDGE GOLF COURSE RESTAURANT/SNACK BAR CONCESSIONAIRE Background information The City of Fort Collins is the owner and operator of the SouthRidge Golf Course located at 5750 South Lemay Avenue, Fort Collins, Colorado 80525. In connection with the operation of SouthRidge Golf Course, the City has established a clubhouse which includes a restaurant/snack bar area. There is also a Bunker House satellite snack bar facility on the course. The Cultural, Library, and Recreational Services area Golf Division administers the golf facilities for the City, and desires to grant to a contractual food and beverage Concessionaire the use of the Concession Space for the purpose of offering quality food, non-alcoholic beverages, licensed alcoholic beverages, and related services primarily to golfers using SouthRidge Golf Course and, incidentally, to the public, for the year 2007 with annual renewal options for the years 2008 through 2011; with possible extensions of the original five-year term if performance is satisfactory and subject to City Council approval. The main purpose of this Concession Space is to provide quality food and beverage services to our customers, the golfers who use SouthRidge Golf Course. The Golf Concessionaire provides all employees and volunteers necessary to facilitate the full and efficient use and management of the concession operations as described; and the Concessionaire owns and sells the food and beverages, and related merchandise and services. The Concession Space and Clubhouse is not necessarily intended to be a full -service type restaurant to the general public, even though additional services may be deemed appropriate for the annual operation of this concession. During the months of April, May, June, July, August, and September, our golfers are the primary customers and they will not be displaced by any non -golfer related activities or functions unless approved by the Golf Division Manager. During the "off-season" from October through March, the Concession Space and Clubhouse may be used for general public use purposes, but golfers will always remain as the primary customers. The City currently does not plan to significantly enlarge or change the restaurant/snack bar area or Bunker House in any way. The Course/History SouthRidge Golf Course was constructed for the City in 1982/84 by a private developer on 128- acres of land donated to the City. This regulation 18-hole course features sculptured fairways with challenging sand and water hazards. There are well -manicured greens and tee boxes with diverse elevations offering beautiful views of the nearby majestic Rocky Mountains. SouthRidge is a par 71 playing up to 6,378 yards. Facilities include a driving range and putting green, a 3,200 square foot tri-level clubhouse, pro shop, and full service restaurant/snack bar, and a 2,500 square foot attached patio deck. There is also a 264 square foot snack shop building (known as the Bunker House) on the course between the 1st tee box and the #9 green/#10 tee box. The Bunker House was constructed by the City to serve as a field restroom for golfers, and as a satellite snack bar facility. It has been used for snack bar purposes in past years, and at one time a Concessionaire installed a two-way speaker system on the 9th tee box so customers could order quick food and beverages and pick them up after putting on #9 before teeing off on #10. However, the current Concessionaire basically uses the Bunker House for storage and rarely sells food or beverages from that location. The next Concessionaire will have the option of utilizing the Bunker House for either purpose, as is appropriate. Frank Hummel of Greeley, Colorado, was the golf course architect and principal contractor for the facility. The Architectural Firm of Junge Reiche Magee, Boulder, Colorado, designed the clubhouse which consists of a pro shop, restaurant/snack bar area, and basement storage, Concessionaire's office, and a club repair operation, adjacent to a paved 166-car parking lot. The 2 Course Superintendent, Randy Bonneville was on site during the construction. Currently, all golf course maintenance staff are employees of the City of Fort Collins, and both the Golf Professional (Dale Smigelsky, PGA) and staff, and the Restaurant/Snack Bar Concessionaire (Rob Dahl) and staff, are provided to the City by private contractors through agreements with the City subject to the City Code requirements for a competitive procurement process. SouthRidge is considered primarily a "daily fee" type of Municipal golf course. An average of nearly 49,000 rounds of golf have been played each year since 2000, with roughly 60% of those rounds being 9-hole. Less than 2,000 rounds annually are played by Annual Pass players. Revenue from tournaments and leagues has become very important at SouthRidge. Attached Information/Data Attached are copies of the SouthRidge scorecard, the "Policy Statement on Golf Staff Usage at City Golf Courses," the 2007 Golf Fees and Charges Schedule, and golf play statistics at SouthRidge from 2003 to June 2006 for your information and reference. Also, as a part of this concession site, the City currently owns and is responsible for the maintenance of certain equipment as described in an inventory attachment. The Concessionaire must provide all other equipment/inventory and maintenance in order to successfully operate this concession. The Concession and Revenues The existing contracted Concessionaire at SouthRidge, "The Sandtrap, Inc." dba "Mackenzie's Pub and Grill at SouthRidge", have served in that capacity since 1993 when a three-year agreement was awarded through an RFP process. Two one year extensions to the original agreement (as authorized by City Code) were negotiated for a total five-year term. This agreement with the City expired December 31, 1997, and The Sandtrap, Inc. was again awarded an Agreement through the City Code requirement of a competitive procurement process. Their current Agreement with the City expires December 31, 2006 and as required by City Code we are conducting a competitive procurement process to award a new agreement. There have been several different ownership structures of the Sandtrap, Inc. since 1993, with the current owner in place as of January, 2002. A breakdown of Mackenzie's gross sales is as follows: 2003 2004 2005 2006 (Jan. 1-June 30) Beer $109,292.15 $104,795.58 $124,145.49 $59,767.60 Liquor & Wine $19,356.54 $19,450.01 $19,590.27 $9,806.06 Food $56,197.13 $73,186.29 $72,341.31 $36,070.76 Beverages $11,496.22 $11,674.64 $11,643.65 $5,821.87 Employee meals $769.11 $1,889.19 $704.96 $283.00 Cart Sales $53,085.63 $46,068.23 $45,654.11 $23,830.95 Tournament food $21,902.67 $23,283.30 $23,866.80 $8,646.13 Other income $590.08 $2,350.10 $1,119.33 $331.68 Total $272,689.53 $282,697.34 $299,065.92 $144,558.05 The City makes no representations or guarantees as to the accuracy of the revenue figures as provided by the Concessionaire. In 2003 the Concessionaire paid a total Concession Fee of $22,700 in cash and/or in -kind contribution to the City. In 2004 the Concessionaire paid a total Concession Fee of $23,200 in cash and/or in -kind contributions to the City. In 2005 the Concessionaire paid a total Concession Fee of $23,700 in cash and/ or in -kind contributions to the City. In 2006 the Concessionaire is scheduled to pay $24,200 as a Concession Fee in cash and/or in -kind contributions to the City; as per the 1997 RFP and negotiations. The City Manager annually approves the Golf Fees and Charges after reviewing recommendations from the Golf Advisory Board and Golf Division staff. One of these City approved Fees and Charges is a "Tournament Services Fee to the Concessionaire" of $7.00 per player for food/beverage credit. This fee may be fully or partially waived at the option of the Concessionaire. The fee is designed to guarantee that the Concessionaire makes money on golf tournaments. Historically, the menu at Mackenzie's has included breakfast such as eggs, bacon, ham, sausage, biscuits and gravy, breakfast burritos, omelettes, donuts, hashbrowns, fruit, cereal, etc., and lunches/dinners have included hot dogs, hamburgers, sandwiches both hot and cold, steaks, fish, chili, fries, nachos, etc. Tournament menus have included food such as prime rib when requested. Beverages include coffee, tea, milk, juices, soft drinks, beer and wine, and a full service liquor bar, etc. However, a new restaurant philosophy on menu items can be submitted and will be considered. In addition to restaurant/snack bar operations, the Concessionaire must furnish their own beverage cart(s) in order to provide food and beverage services on the grounds of the course. The City will not allow the usage of City -owned golf carts for this purpose. There are private businesses in the region that will lease or sell such mobile beverage/snack golf carts to the Concessionaire, and the City requires the Concessionaire to provide such a service to SouthRidge golfers on a continual basis, as is profitable for the Concessionaire. The Concessionaire must also assume and perform all janitorial duties and functions in the restaurant/snack bar area and Bunker House, including the clubhouse patio, and must completely maintain the restrooms located on the main floor in the clubhouse, and in the Bunker House. Restrooms need be maintained every day in a high quality manner to satisfy customer desires and Health Department requirements. Previously this janitorial function was not included as a bid requirement, but now it is and needs to be considered. Liquor License Currently an integral element of the SouthRidge Restaurant/Snack Bar Concession operation is the sale of alcoholic beverages, which makes up a considerable portion of the gross revenues generated. In 1997 the City authorized the creation of a Hotel -Restaurant with Optional Premises license at SouthRidge. If a new Concessionaire is awarded the Agreement, immediately after signing the Concession agreement document, the new Concessionaire will make application for the existing Hotel -Restaurant with Optional Premises liquor license to be transferred from the current Concessionaire into the name of the new Concessionaire. Therefore, the new Restaurant/Snack Bar Concessionaire must be able to fully qualify for this Hotel -Restaurant with Optional Premises liquor license, and will be subject to investigation(s) by the City of Fort Collins Police Services and/or the State of Colorado. It will probably take between two and three months before a new Concessionaire receives final approval from the City Liquor Licensing Authority for the transfer to be completed. Liquor cannot be sold during that period of time unless a temporary license is issued. Failure to qualify for a liquor license or 11 failure to obtain such license within ninety (90) days after execution of an agreement shall constitute a default. With the Hotel -Restaurant with Optional Premises Liquor License it will be possible to sell all types of alcoholic beverages at the course. However, the City has determined that only beer in cans or plastic bottles will be allowed outside of the buildings/patio deck on the grounds of the course, and the Manager of the Golf Division will determine on an individual basis whether mixed drinks, wine, or straight alcohol in non -glass containers will be allowed for sale and consumption on the course. For purposes of the liquor license, the premises authorized through this license has historically been defined to include "The Clubhouse and Patio, the Bunker House, and the entire grounds of SouthRidge Golf Course." If you have any questions about the liquor license process, please contact Aimee Jensen, City Liquor Licensing Specialist, at 221-6315. Also, you should contact your insurance agent or broker regarding liquor liability insurance, as well as other required insurance coverage for this concession. Criteria for Proposal Award The proposal will be evaluated as follows: A five -person SouthRidge Restaurant/Snack Bar Concession RFP Review Committee, composed of two members from the City of Fort Collins Golf Advisory Board, one citizen member appointed by the Director of Purchasing, one member from the City Golf Division staff, and one member from the City of Fort Collins Purchasing staff, will review all written proposals. Using a point evaluation system for grading each proposal, the committee will rank each proposal in numerical order. 2. The top ranked proposers may be interviewed by the Committee and the Committee will rank the interviews using criteria and potential questions regarding background and experience of the Concessionaire, the ability of the Concessionaire to operate as per the scope of the proposal, and the financial circumstances of the proposal including ability to perform and revenues to the City. Interviews are tentatively scheduled for late afternoon on Tuesday October 10, 2006. 3. The Manager of the Golf Division will check the references and perform a background screening of the top ranked individual/firm. If the references and background screening are acceptable, an agreement will be awarded to the highest ranked firm/individual subject to suitable contract negotiations. Schedule Pre Proposal meeting at site September 21, 2006 10:00 A.M. Open RFP's October 2, 2006 10:00 A.M. Interviews October 10, 2006 4:00 P.M. Proposal Requirements Complete the "Proposal" form as provided. 2. No person, firm or corporation shall make or file more than one proposal for this contract for services. 3. Proposals (an original and 5 copies) must be sealed, addressed, and deposited with the City at the following location before the proposal opening: City of Fort Collins Office of Purchasing and Risk Management 215 N. Mason Street, 2" floor (if delivered) P.O. Box 580 (if mailed) Fort Collins CO 80522 4. A proposal may be withdrawn at any time prior to the proposal opening, but may not be withdrawn for a period of sixty (60) days from the closing date for receiving proposals. 5. Required Documents - The following shall be submitted with the proposal: 1. Proposal Questionnaire. 2. The Proposal Form/Addendum Acknowledgment Page. 3. An Annual Payment Schedule Statement To the City. 6. During the written portion of the RFP process, public input/citizen support is not included, and will not be considered when the Committee is evaluating the written proposals. References will only be considered by the Committee for the interview portion of the process. As a public entity, citizens have a right to provide their opinions to us; however, the RFP process clearly defines when such input will be considered. Therefore, proposers shall not solicit nor encourage such citizen support, nor provide references during the written portion of the process. Said references and support can be part of the interview phase of the process. All letters, faxes, e-mails, etc. should be sent to the Manager of Golf for processing. 7. A list of all proposed prices for all items which are to be sold at the concession must be provided by the successful applicant within sixty (60) days after the award of proposal. Permits, Licenses, Fees, and Taxes It shall be the responsibility of the Concessionaire to make application for the necessary permits and licenses, and to pay for all fees and taxes in order to operate this concession, including the ability to obtain a Hotel -Restaurant with Optional Premise Liquor License for alcoholic beverage sales and consumption. 6 Specifications Included in the "Request for Proposals" package is a draft copy of the Agreement that the Concessionaire and the City will sign. All of the elements of the agreement are considered as part of the specifications for the proposals requested. This specification sheet amplifies the major provisions of the SouthRidge Concession operation, as well as defines and provides clarification of several specific points. The Concessionaire and the City shall sign an agreement which will grant to the Concessionaire the operation of the SouthRidge Golf Course Restaurant/Snack Bar Concession Space Area. The duration of the agreement will be for the calendar year 2007 with four possible one-year renewal options (if desired by both parties) for the calendar years 2008, 2009, 2010 and 2011; with possible extensions of the original five-year term for up to five additional one-year terms if performance is satisfactory and subject to City Council approval. 2. The Concession Area must be opened for business from 6:30 a.m. to sundown daily at a minimum for the months of April, May, June, July, August, and September; and from 10:00 a.m. to 4:30 p.m. daily at a minimum during the months of October, November, December, January, February, and March. However, the Concessionaire shall not be required to operate the concession when the golf course is closed due to bad weather or other reasons. Any other hours of operation will be mutually agreed upon between the Concessionaire and the Manager of Golf. Breakfast, lunch, and dinner services are all equally important. 3. The Concessionaire operator must have been in this type of business for at least two (2) years within the past five (5) years, or have sufficient other similar past experience to satisfy in the judgment of the Committee to meet this requirement. 4. The financial condition of the Concessionaire must be of such standing that adequate staffing, supplies and appropriate operational permits as necessary can be purchased/obtained in order to open the concession area for full business no later than April 1, 2007. The Concessionaire must obtain and pay for all licenses and taxes necessary for the operation, and must obtain a Hotel -Restaurant with Optional Premises Liquor License for alcoholic beverage sale and consumption. The premise is defined as the Golf Clubhouse and Patio, Bunker House, and the entire Golf Course grounds of the SouthRidge Golf Course. The Concessionaire shall also provide and pay for any Worker's Compensation, Social Security withholding, payroll taxes, Possessory Interest Tax, and/or any other taxes that might be required by government authorities. Tangible proof of financial ability to operate this concession will be required if you are interviewed. 5. Insurance Requirements. A. The Concessionaire will provide from insurance companies, acceptable to the City, the insurance coverage designated hereinafter and pay all costs. The Concessionaire also indemnifies the City. Before commencing work under this Request for Proposal, the Concessionaire shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: 7 "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the City." In the case of the breach of any provision of this requirement, the City, at their option, may take out and maintain, at the expense of the Concessionaire, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due to the Concessionaire under this agreement. The City, its officers, agents, and employees shall be named as additional insured on the Concessionaire "general liability" insurance policy for any claims arising out of work performed under this agreement. B. Insurance coverages shall meet the following insurance 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 In the event any work under this agreement is performed by a sub -contractor, the Concessionaire shall be responsible for any liability directly or indirectly arising out of the work performed under this agreement by a sub -contractor, which liability is not covered by the subcontractor's insurance. 6. The Concessionaire shall control the conduct and demeanor of its agents and employees. Upon objection from the City concerning conduct or demeanor of any such person, the Concessionaire shall immediately take all lawful steps to address or remove the cause of the objection. Also, if the City so requests, the 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 for which shall be subject to prior and continuing approval of the City. 7. The Concessionaire acknowledges and agrees that certain services provided by the Concessionaire will require that employees, agents, and volunteers 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 other members of the general public. Accordingly, the Concessionaire agrees that all employees, volunteers, and other representatives or agents of the Concessionaire in positions of trust, as defined, shall be screened using the City's contractual background screening procedure, with such costs associated with said screenings to be fully paid by the Concessionaire. 8. The personal conduct of the Concessionaire and its staff has a direct impact on the quality of performance. Unacceptable personal conduct/behavior by the Concessionaire, as defined, can result in immediate or early termination of the Agreement, as also defined. 9. The Colorado Legislature passed legislation which as been signed into law by the Governor requiring compliance regarding employment of undocumented aliens. The Concessionaire acknowledges and agrees that those statutory provisions that apply will be followed. If there are any questions about these new legal requirements, Concessionaire agrees to consult with legal counsel. 10. The Concessionaire must maintain an adequate stock of supplies on hand for all occasions as needed to supply the golfers' needs. The primary purpose of the concession area is to provide a service to the golfers. Creative thinking people who will be there, be open, and be ready are important to the success of this operation. Also, cooperation with the Golf Professional is an essential element of this operation. 11. The Concessionaire shall keep and maintain proper business records concerning every aspect of the concession operation, and employee management, including expenses and receipts. All records, including Income Tax Records are to be open for inspection and audit by the City. Also, the concession operator must submit to the City complete operation records at the close of each operating season showing all expenses and gross income. 12. "Gross Sales" includes all revenues received by the Concessionaire for performing the concession service, except Sales Tax. 13. The City pays for all trash and recycling removal services, utilities, and the basic Clubhouse security system at the SouthRidge Golf Course. The Concessionaire shall pay for all telephones, cash registers, credit card machines, ATM's, customer televisions, cable or satellite service, expanded security systems, and for snow removal from the parking lot for Concessionaire functions when the Golf Course is closed for play. 14. The Concessionaire shall submit to the City for review a list of all prices and items which are to be sold at the concession area. Prices and items may be changed or increased periodically, but any and all changes/increases must be reviewed by the Manager of the Golf Division. 15. Smoking instruments and tobacco products of any kind will not be sold at the restaurant/snack bar, clubhouse, Bunker House, or on the grounds of the 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. 16. The operation of the concession granted under the agreement shall, at all times, conform with all applicable State and Federal laws and regulations, and municipal ordinances, as well as all rules, regulations, policies, and procedures as adopted by the City of Fort Collins, or any of its Boards, Services Areas, Departments, or Divisions having jurisdiction over golf courses. 11 ATTACHMENTS P1037 SouthRidge Restaurant and Snack Bar Concessionaire • SouthRidge Scorecard • Policy Statement on Golf Staff Usage at City Golf Courses • 2007 Golf Fees and Charges Schedule • Golf Play Statistics at SouthRidge • City Provided Equipment • Concession Provided Equipment 10 I® Isl 11alfa 1lorigagii- Sparklin Kleen LLC fINCE SHERYL LASKIE /�� 30 Yr Ex 1960 Branch Manager LurnsrJ l IMmdcd 404 Linden ,' cnmmrn,al a HrsrJenuel BY��ll�o 970-228.5888, Ext. 11 Lacaly Owned &Operated V 11 Apply onlem E-mail lorms#1mi not phony. 970-461-8856 �OF� �OIIIOS Irm n••I Fort Collins ,C080525 C••II: R70-3R1-1365 �tQa RT Email: apadix Rkleenar man.com N J 1 J1 R ^ I - u-.00 oar wr--- -cone---- 19101484-1101 USGA RULES GOVERN ALL PLAY u LOCAL RULES riWhite stakes are out of bounds - Ball may be dropped from roads/pulps. es R Ball crossing a roadway to another part of the course is O.B. Do not drive golf carts over tees nor within 30 feet from apron of greens unless on path. III face divots 8 rake sand traps, repay ball marks 8 2 others on each green. . All lakes will be considered lateral water hazards Please stay within '/, hole of the group in front of you to maintain speed of play, as slow �+ I play will not be tolerated. The course Monitor has full authority. . Always seek a safe shelter if lighting or severe weather conditions occur. r • Only alcoholic beverages purchased of $outhRidge Go" Club are allowed of $outMRidge •� Golf Club 0 Golfers are legally responsible for damage they cause to private property. 1 .finny chemicals are used in mointolning the vegetation on the golf course If you are interested in information regarding the types or use of such bemicals, please contact the golf course superinlendent a1 416 2787 Yardage Marken (Front center of fairway to center of green l: 100 yds - Red, • 150 yds - Whiks, 200 yds - Blue. FRAWLEY'S FARMERS INSURANCE 14411. fmllhllls Pkwy., e6W, Ft. Collins, CO80525 Scorecards by p sirawley®farmersa•en6nlm g E N C 11 C K A F T FARMERS Bus: 970- COMPAnjY ' SCOTT A. FRAWLEY Fax: 970.223-2809 a •r Insurance Agent Res: 970.223.3398 1.800.824.8311 ' M%Piv LvsE SERVING FORT COLLINS FOR 2e YEARS T� RED • 10 MINUTE BERME •NO APPOINTMENT NECESSARY •THE COMPLETE OIL CHANGE tb a www.motire.eom D to 1 E B N ° Handicap 15 13 1.1 9a 5 1171 1 1 3 7 I White Tees I5hee199 a, I.s,l 308 331 149 336 490 325 374 162 333 2808 -- ©100�� m � o � 3 SD Minutes on each hole :14 :12 :10 :14 :17 :13 :14 :10 :17 Cumulative time 1 :14 :26 :36 :50 1:07 1:20 1:34 1:44 2:01 E 418 3011 T1 CONCRETE a (970) CRACKERJACK LEVELING JERRY ROSEUE 204.4116 ttf—st7kinglinc. ATTORNEY LAW l it Over 25 years ETPPllrn('Y 111 CIIfOIO(frl (-(IIfnF e 970-472-1040 125 Soalh Hoses. BM Floor 224-1111 4524 S. COLLEGE AVE. Fort eenlRR IaalMal [aaea a IwraaY 1 C04Eat i :�_ _ G N H OGLE V SELECT Tres- rrt w-I.r,— Core I, : • • WOOD FLOORS INC. "rr l 970-493-3272 IN.ar.wR •RHrI+.•Rrwr•t+w+reElr«. Q 1404 E. Olive Ct.. B-3 1-898-750-2033 Fort Collins, CO 80524 Fax 970.224-1100 m R 11PY M • R. 00tLA elmT 970-224-1452 970-353-kN 1 489 140 403 528 408 206 390 415 3349 6378 Blue 70.2 14 8 18 4 6 16 2 10 12 F583�7White 344 461 126 382 501 314 167 345 389 3029 67.4 114 :14 :15 :09 :15 -.18 -.14 :10 :12 :13 2:15 2:30 2:39 2:54 3:12 3:26 3:36 3:48 4:01 White 72.6 1=35 324 e: 86 328 430 277 108 279 363 2621 5022 �,Carpet and Upholstery Cleaning BUD RAZEY 401 Wool Muth—,Sireet QUALITY TREES, SHRUBS 6 FLOWERS • DRY IN 1 HOUR 9' C. ff'-doc www hewensbest cam fiCSY •s'unrlvsv j! A Nex In,.Rr in L:..p,-, Cle,nu,4 11 ...... 970 568-9455 ollins. Broker Associate Fon CCoorado lBD571 pPhone 970 Z21 0700 -rtnor Office Direct 970 419 2313 reFOppUPIRr' Mobile 9106900100 Fax 910.221.0746 W Rrta11 , holy sslr IIA. C)N1' CAROENI. INC. 15 E. HARM0N7 RD. -FT. Cull.I\h. c u so5.5 CITY OF FORT COLLINS CULTURAL, LIBRARY, AND RECREATIONAL SERVICES GOLF DIVISION SUBJECT: Policy Statement on Golf Staff Usages at City Golf Courses PURPOSE: Establish and Amend Procedures and Guidelines for Eligible Golf Division Staff for Usage of City Golf Courses and Golf Carts EFFECTIVE: July 1, 1995 (Amended January 1, 1998; January 1, 2002; October 1, 2003; and August 1, 2006) Cultural, Library, and Recreational Services staff who work within the Golf Division are eligible for discounted usage of City golf courses and City golf carts as follows: All Golf employees, whether paid or unpaid volunteers, who currently work within the City Golf Division, or are between work seasons, are covered by this policy. This includes both permanent and hourly/seasonal City of Fort Collins Golf employees, employees who are employed by the Golf Professionals, and primary employees employed by the Restaurant/Snack Bar Concessionaires. These employees may play rounds of golf and may use City golf carts and pay discounted fees, as appropriate. 2. Golf Play Usage shall be as follows: (a) Employees who normally work 30 hours or more per week have no restriction on the number of discounted rounds of golf played per week at the specific golf course where they work. Employees who normally work 29 hours or less per week are limited to up to two (2) discounted rounds of golf played per week, or up to 10 discounted rounds of golf per calendar month at the specific golf course where they work, per specific site policies, or as approved by the Manager of the Golf Division on a per site basis. All employees, however, will pay normal league or tournament fees to participate in leagues or tournaments, unless exempted by the Manager of Golf. (b) Employees may play one (1) discounted round of golf per month at both of the other two courses where they do not work. However, if practicing for a City sponsored or co- sponsored tournament to be played at the other golf course(s), employees may play discounted practice rounds of golf at the other course(s) within their regular number of rounds allowed per week one week prior to the tournament. The employee's supervisor is responsible for notifying the host Golf Professional. (c) Employees are allowed to make advance tee time reservations or be a part of someone else's reservation utilizing the same tee time reservation procedure approved for all golfers, however, we should strive to not replace full fee paying golfers. Employees will register as "staff," noting 9 or 18 holes, and may also be asked to sign a log book provided by the Golf Professional for management purposes. (d) All Golf employees will pay the appropriate City Surcharge Fees to play golf. 12 3. Golf Cart Usage shall be as follows: (a) Full Time/Hourly City Employees, and contractual supervisory employees, as defined by the Manager of the Golf Division, who normally work 30 hours or more per week, may use golf carts at no charge at the course where they work during weekday Non -Prime Time only, if a reasonable number of golf carts are available as per the judgement of the Golf Professional. For Prime Time, weekends, holidays, city sponsored or co -sponsored tournaments, leagues, or at the other two courses where they do not work, golf carts may be rented by the employee at 50 percent of the Regular 9 or 18 hole rates, if a reasonable number of golf carts are available, per the judgement of the Golf Professional. Non - employees riding with an employee will pay their full 50 percent share or the other one- half balance of the appropriate golf cart rental rate at all times. Two employees riding together pay only one fee. (b) Part Time/Seasonal city employees, as defined by the Manager of the Golf Division, who normally work 29 hours or less per week, may rent golf carts at 50 percent of the Regular 9 or 18 hole rates at all times at the course where they work, if there are a reasonable number of golf carts available as per the judgement of the Golf Professional. Non - employees riding with an employee will pay their full 50 percent share or the other one- half balance of the appropriate golf cart rental rate at all times. Two employees riding together pay only one fee. (c) Two employees (in a group of two, three, or four players) who get free or discounted golf carts, should ride in one golf cart together, as two free or discounted golf carts should not be taken. (d) All employees may use a golf cart free of charge at all times at the course where they work if they are also policing the course, observing course conditions, rangering, or as per the judgement of the Golf Professional. All employees who use a golf cart free of charge or at a discount rate will be expected to pick up trash on the course, report any problems, and generally "marshall" while on the course. The above policy statements are subject to change at any time and are not to be considered as guarantees, nor are they to be considered as a form of direct or indirect compensation. Any abuse of these privileges may result in the loss of future privileges. 13 2007 GOLF FEES AND CHARGES City Park Nine, Collindale Daily Green Fees and SouthRid2e 9-Hole Prime Time $16 9-Hole Non -Prime Time $14 9-Hole Non -Prime Time Ages 60 to 74 $12 9-Hole Non -Prime Time Ages 17 & under and 75+ $10 Twilight Rate (1 '/2 hours prior to posted sunset, and $11 2:00 p.m. November through February) 18-Hole Prime Time 18-Hole Non -Prime Time 18-Hole Non -Prime Time Ages 60 to 74 18-Hole Non -Prime Time Ages 17 & under and 75+ Tournament Fees Tournament Reservation Fee Tournament Reservation Fee Prime Time (Shotgun) Tournament Service Fee to Golf Professional Tournament Service Fee to Concessionare $29 $26 $20 $18 $ 3/9-Holes per player $ 5/9-Holes per player $12-per player with $8 in Golf Shop Credit $ 7-per player in Foo"everage Credit Tournament Reservation Fees are added to Daily Green Fees for Tournaments. Tournament Service Fees for Golf Professionals and/or Concessionaires may be fully or partially waived at their option. 10-Play Punch Cards 2007 10-Play Punch Cards provide for a 15% Discount off the Prime Time Daily Green Fees; They are good at all three City Golf Courses; They are Not Valid for Tournament Play (unless exempted); They have No Cash Return Value, but they Maintain their Credit Value Indefinitely. Prior year(s) punch cards can be used by paying the current year cash differential of the per punch credit value. 9-Hole 10-Play Punch Card $136.00 ($13.60 per punch credit value) 18-Hole 10-Play Punch Card $246.50 ($24.65 per punch credit value) Annual Pastes 2007 Annual Passes entitle the cardholder to play golf at all three City Golf Courses as often as desired and as the courses are available during Non -Prime Time only; They are Not Transferable; They are Not Valid for Tournament or League Play (unless exempted); They Expire January 31, 2008; and Users must have a Fort Collins Address Only. Users also pay an Annual Pass Per Play Fee. Adult (Ages 18 to 59) $500 Adult (Ages 60 to 74) $375 Age 17 & under and Age 75+ $250 Annual Pass Per Play Fees 9-Holesl8-Holes Adult (Ages 18 to 74) at City Park Nine and Collindale $3.00 $6.00 Age 17 & under and Age 75+ at City Park Nine and Collindale $2.50 $5.00 All Annual Pass Cardholders at SouthRidge $7.00 $13.00 14 Golf Cart Rental Fees (includes Sales Tax) Golf Carts are discounted for those golfers Age 60+ during Non -Prime Time hours only; A non-playing observer may ride for free with a Single Golfer. 9-Hole Regular $16 18-Hole Regular $24 9-Hole Age 60+ $13 18-Hole Age 60+ $19 9-Hole Single Golfer $11 18-Hole Single Golfer $16 Private Golf Cart Usage Fees $16 Daily; or $200 per Season, plus $100 Per Course Added Prime Time and Non -Prime Time NON -PRIME TIME hours at CITY PARK NINE: All times at CITY PARK NINE shall be considered NON - PRIME TIME hours. PRIME TIME hours at COLLINDALE, as based upon reserved/scheduled tee times, shall be considered to be in effect during the months of April, May, June, July, August, and through September 15th, all day on Friday, all day on Saturday, on Sunday until 2:00 p.m., and all day on City Holidays (Memorial Day, Independence Day, and Labor Day), based upon course conditions. All other times at COLLINDALE shall be considered NON - PRIME TIME hours. NON -PRIME TIME hours at SOUTHRIDGE, as based upon reserved/scheduled tee times, shall be applicable daily during the months of September 16th through March 31st; and on Monday, Tuesday, Wednesday, and Thursday except City Holidays (Memorial Day, Independence Day, and Labor Day) from 6:30 a.m. (or first Tee Time) until 2:30 p.m. during the months of April through September 15th. All other times shall be considered PRIME TIME hours at SOUTHRIDGE, based upon course conditions. Surcharge Fees The total Surcharge Fees for 2007 are $2.50 on each 9-Hole Round and $5.00 on each 18-Hole Round, and are already included in Daily Green Fee Rates, 10-Play Punch Card fees, and Annual Pass Per Play Fees. Surcharge Fee Revenues will be used for Golf Division Capital Outlay and debt service payments purposes only. JPBrown: Revised 07/20/06 15 ! � - _ i _ Z Q�C�o1f Caurse Da tly Green Fee Pl ay Records _ . � I _ SOUTHRIDG 9-HOLE 9 HOLE 16-HOLE COUPONDISCOUNT PUNCH CARD TOtRNrAMENTS _ TWILIGHT, 17 & Under PRIME NON -PRIME . N P. 62+ PRIME I NON --PRIME N.P - 82� 9 18 9 18 9 t 18J TOTAL January 109 53 -i 781 137 - 497 179 , 24 46 ; 44 : 21 - 1,891 February r _ 14 - - 6-- -+ 135 ' - 1_8 ` - 7 - 24 -5 1 . 10 222 _ - 154 - -T- n; 48 2 - -- - -T- •- A ni 115 -- - - - 547 _ 63- -- 29 1• -- 23 64 - - 14 y` 1,754 March 39 _ p 209� 657 1,184 f 132 512 ' 663 ; 139 141 �� 98 182 48 : 4,080 May 218 197 I 2,294 328 105 1,493 298 ' _ 138 . 140 88 415 73 - u 84 5,871 June 301 338 T- 2,261 301 130 -1,605 363 1-83 146 84 ; 472 148 ' 1,362 7,694 July - 407r 442 2,4133061 98 1498 4 ��- - ._ _ 2 3 115 . 483 111 - 586 7,157 - - _�. 81 174 August - 342 222 2,525 212 42 2,048 �- 222 « 205 131 134 416 - 100 !! 288 ' 6,887 Septembe_ r -f - 237 88 1,354 608 116 1,157 433 ^ 171 92 77 322 76 - 237 4,968 - - October _ _ 128 82 i 22 1 _ 328 230�1 976 239 96 56 202 74 60 3,494 ftt - - November _27 { 1 S - 452 ' 111 _ 2 _22 133 ' 55 32 59 I 18 - - 1,130 December - 14 18 1 160 I 22 11 i 102 53- 17� 11 11 13 -t - - 433 TOTAL 1 1,951 1,824 11,527 6,566 1 1,189 1 8,336-1 4,594 1,789 1 1,046 . 764 , 2,680 , 698 1 2,617 45,581 ,-_ T ' ZUU4 n _�e.eS9C 5_ ` �C.x_r_ ►,Y� _ { -. -- B-HO:E /o-HOLE I I p NT PLNG� cmc TOURNAMENTS—' _ 'VJI K1 NT ' &'Under i PRIME NON PRIME N P 62 - 74 N P 75- PRIME NON -PRIME N P 62 - 74 N P 7'S. 9 18 9 '8 9 •d i _TAIL January - 33; 35 0 294, 53 0 0 102' 14' 0 16 13 _31 14, 0! 0 605 Ntarch �- 122 302r 2 1, 368 11595 --27 5 988 192 - 4 111'I - p, 5f 42 -0: p 80 541 February 21 13 0 - - _ 157�42 0� _0 3,808 _1so! 173 1,1561 _ 19 790 259 B4 2 167 561 125 32 0 28 _ 3.524 Ma 181 204 17 T - - - - - Y..._ 68 6591 121 , 18 1,374; 378 66 2 158 1171 297' 68 0 2691 5 68 June_- -' 1801 329' - 2,010 344 114 18 Tin, -- 189' 157 i 5 138 _ 79 674� 80: �0� 7641 6.201 1 206 411 2.673i 287� 116� 21, 1,3 3 - 209^ 156. 6: 171 112 602 59r�-Q413. 6.777 - -must 255 287 2.155 3821 141 15 1,368 311!! 2171 12 1541 92. 605 53 23 6,670 September 187 130' 1,610 353 _167 _20 938 345 _ 1761, 221 95' 66` 295 46 48� 4,698 October_ - 78 141 213i 842 187 _ 25� 23, 944 201 9 65 79' 106 51, _163 3127 November _1 _ 57 26. �- 1 375 11- 3 1.1-_-283, 84. 4 28i 31�6_3� 29 1105 December - 8 20� 101 218 55 8 62 171- 26 - 19, 191 241 6 i 646 TOTAL 1,478 2,071 11,598 6,984 1,386 182 7,013 4,269 i 1,4l4 1 68 1.142 1 739 3.021 &&A 1 1 9 Rna Al 121 o ou-rse_ a�ly reen ee aX RecoMs VQ H 1_ __ -- "OLE - _-- - 18HOLE 00UPOWDISCOUNT-{- PUNCH CARD_ I TOURNAMENTS_ TWILIGHT 17 &Under PRM1E NON PRIME I N P. e2 - 74 '! N.P 76� PR" NON PRIME N.P 62 - 74 N.P. 76• i 18 9 -18 9 e TOTAL January22. 46 0• 304 75 4 0' 1671 73 01 __43j 151 241 13 0: 0 776 February__ - - 45 93 -. 0 580~ 106� - 13 - Ol - 388 106' 1 611 301 64 17, 0 0_- 1504 March 71' 161r - _- 0 942i 109 20� 0' 664 116 2* _1861 49+ 71 _ 15 0 0* 2406 -- 111 212T 1,061 450 93 _ 191 -- 7--- 349 125j 8; 241 _ 69 2461 38 0 63 3867 May i _ 146 1T7� 1,671 S30 183 �72 1,046 417 -- 201 16� 230� 102' - 803 531 0; 401 _ 6048 June 185 366, 1,704 5891 278; 97 1,139 467. - 194 _29 166 �- 1,449 79 - OF- 971_ 7801 July - 232 421 2-,016� 520� 233' 96 1,193 579i - 178 28 _177t- &1� 743 73�-1,079 7852 August - 243� 349 2,196-Y 585 281;- _ 65 1.4�50 560 _269 45�`_ _156t�_189 631 60 0111 311 7390 September _ _ 161 80 1,2421 498 2411 81 114.2' 381 215 25 127! _ 68' 1 T _�_ . _ �_ .. �, 289 77 0 190i 4817 October _ I _ 92 123 0 109_9} T 207! 1025 184 13 82 - 69 146 41 0 0 _ 3173 NovemberT 141� 42 0, 582, 142' 44 0J 593, 175, 7 67 �38� 52k 18 0 - 0, _ 1901 December 1 81 47 01 233 73, 19i 6I 1-4 40 6 23 91 37 61 0 OT' 717 TOTAL 1,530 2,117 9,890 6,912 1 2,021 622 6,758 5,733 1 1,875 1 174 1,549 810 4,555 , 490 - 3,015 48,052 0 I t Uo rse Dai1vGreen SOUTHRID 9-HOLE 19+IOLE COUPON/DISCOUNT PUNCH CARD TOURNAMENTS TWILIGHT 17 d Under PRPM NONWRIME N.P. 60 - 74 N.P. 75+ PRIME NO"RIME N.P. 60 - 74 N.P. 76+ 9 16 9 16 8 18 TOTAL January 217 371 366 130 42 265 182 3 45 35 46 8 1376 February 209 201 220 73 29 152 116 4 45 21 27 13 929 March 48 141 782 112 34 522 117 3 153 46 55 11 2024 April 141 172 1,493 678 128 36 905 545 150 9 284 123 356 651 5085 May 202 114 1,806 555 3091 108 1,173 451 211 37 325 129 984 791 5121 6995 June 235 300 1,922 709 282 108 1,301 458 209 36 109 56 990 841 7271 7526 0 July 0 August 0 September 0 October 0 November 0 December TOTAL 1.052 784 5,221 3,3101 1.0341 357 3,379 Z393 1 985 92 961 410 1 2,458 1 260 1 1,239 1 23,935 2003-2006 Golf Course Annual Pass Play Records UNRESTRICTED RESTRICTED SOUTHRIDGE 2003 9-hole 1"ole 9-hole 184wA4 2004 94hole 18-hole 2005 9-hole 1"ole 2006 9-hole 18-1101e January 166 - - 99 67 79 56 23 149 89 60 126 73 53 February March 14 112 - - - - 10 56 4 56 66 108 37 55 29 53 108 77 66 35 42 42 73 118 43 50 30 59 April May June 128 106 75 - - - - - - 74 45 361 54 1 61 39 67 348 83 32 221 44 35 127 39 59 128 121 21 42 59 38 86 62 95 2101 194 47 79 85 48 131 109 July 87 - - 50 37 64 32 32 129 62 67 - August 61 - - 11 50 480 428 52 165 62 103 September 83 - 43 40 93 44 49 114 44 70 - October 180 - 92 88 135 68 67 1 117 1 38 79 - November 102 - - 56 46 106 481 581 86 41 45 - December Total 65 1,179 - - 41 1 6131 24 566 125 1,754 91 1,1561 1 341 598 61 1 1,3141 1 28 587 33 7271 - 816 386 430 17 City Provided Equipment Basement Kitchen cont. Folding chairs Sandwich/make table/cooler Wood shelves in office Imperial oven Imperial deep fryer Hood system 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 spray 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 IN Concession Provided Equipment Basement: Coronado Freezer Pepsi machine and BIB rack CO2 bottles Wire shelves Food & Beverage inventory Paper product inventory Coleman coolers Chafing dishes Yamaha beverage cart Club Car beverage cart Office furniture Sales records and receipts Computer and printer Wireless Internet module TV and cables Window blind Oak cabinet Art Work Bunker House Ice machine Microwave Display coolers 1 space heater Beverage inventory Dining Room and Bar Food, liquor, and beverage inventory TV's, brackets, and cables Stereo system Camera system and all cables Plants, artwork, and wall hangings Display coolers Display racks All Glassware Cowboy doors Alder (wooden) top tables and bases Pepsi gun and compressor Can cooler Tap box and brass plate All taps and tap handles Dining Room and Bar cont. Computer System and cash drawer Umbrellas and bases Pergola shade Gas grill Folding tables Speed racks All Mackenzie's signage and logo Coffee Warmer Wire racks in walk-in cooler Pepsi cooler in closet CO2 tanks Easel, chalk boards, and dry erase boards Dolly Ticket hangers Phones Kitchen Food inventory Wire shelves Cambro and Tupperware All pots and pans All china and flatware Chemicals Chaffing dishes and hotel pans Stainless steel prep table Coleman coolers Soup warmer Towels and aprons Serving trays Coffee machine and decanters Speed rack and ticket hangers All cutting boards Gas flat top Gas broiler Electric broiler Microwave Toaster Hot dog machine Bread cart Tomato slicer Paper product inventory Spoons, ladles, turners, knives 19 PROPOSAL NO: P1037 DATED THIS PROPOSAL DAY OF 52006 CONTRACT FOR SERVICES: SouthRidge Golf Course Restaurant/Snack Bar 5750 South Lemay Avenue Fort Collins CO 80525 TO: City of Fort Collins Office of Purchasing and Risk Management 215 North Mason Street, 2nd floor (if delivered) P.O. Box 580 (if mailed) Fort Collins CO 80522 To Whom It May Concern: The undersigned, pursuant to the Request for Proposals, which requested proposals for a contractual Concessionaire to operate the restaurant/snack bar food and beverage concession at SouthRidge Golf Course, having examined all documents, the concession site, and having become familiar with all the conditions existing and relative to same, hereby proposes to operate same in accordance with the proposal documents. 2. I/we acknowledge receipt of the following addenda and have included their provisions in the proposal: Addendum No.( ),Dated Addendum No.( ),Dated 3. In submitting this proposal, the undersigned warrants that he/she has complied with all the provisions of the "Request for Proposals, Instructions, and Specifications," and can furnish the labor and materials and business acumen to carry out the concession operation in all respects, as specified in the proposal documents. 4. The undersigned submits the following proposal, which includes all permits, licenses, insurance, fees, and taxes, etc., included in the following documents, fully completed, as a condition of submitting an acceptable proposal: A. Proposal Questionnaire B. An Annual Payment Schedule Statement to the City 5. The undersigned also agrees that he/she will not withdraw his/her proposal for a period of sixty (60) days from the closing date for receiving proposals. Respectfully submitted: By: Address: Signature Print Name Phone: Title 20 PROPOSAL QUESTIONNAIRE INFORMATION/RATING CRITERIA Attached you will find the "Proposal Questionnaire." You will need to answer all six questions on one side of 8-1/2" x 11" paper only, per question. We have determined that you must answer each question with no more than one page per answer per question. Please try to answer each question in sufficient detail, noting that we are interested in the quality of your answers, not just the quantity. In addition to the six pages, you may also provide one 8 '/2" x 11" supplemental page (one side only) to complete additional information or to further answer any of the six questions which you could not do within the one page limitation. You may also attach a copy of your resume if you desire which does not count against your page limitations. If you are selected for an oral interview, you will need to bring a copy of tangible proof of your financial ability to perform as the SouthRidge Restaurant/Snack Bar Concessionaire, as well as your ability to secure acceptable insurance coverage as noted in the specifications; and you will need to provide the Manager of Golf with at least three (3) written references prior to the interview that we may contact regarding your qualifications. The City will also conduct a background screening procedure and you will need to provide a signed authorization form to allow the screening to proceed. Review and Assessment Respondents will be evaluated on their written answers to the following six questions. A rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Each of the six questions shall have a "weighting factor" of either 1.0, 2.0. 3.0. or 4.0 as we have determined, meaning that the maximum total of points to be achieved from the six questions is 80 points. In addition, we have assigned a 4.0 "weighting factor" to the Annual Payment Schedule Statement to the City, meaning it has a maximum total of 20 points (also on a 1 to 5 scale) by itself. Therefore, the maximum grand total of points to be achieved is 100 per rater. Proposal Questionnaire 1. What are your qualifications to perform the service, and what qualifications will you require of the staff on site? (You may attach a copy of your resume if you desire, which does not count against your page limitations). Weighting Value of 3.0 2. Outline your plans to operate the concession with regards to your personal involvement, or the use of a manager on site. Weighting Value of 2.0 3. What is your business/staff plan in order to accomplish the minimum services as per the specifications, or if you desire to exceed the minimum services? Weighting Value of 2.0 4. What is your financial ability for providing services and products at the concession site as per the specifications? Weighting Value of 1.0 5. What is your assessment of the needs at SouthRidge Golf Course with respect to food and beverage services, both inside the clubhouse as well as outside on the golf course, and how will you meet these needs? Weighting Factor of 4.0 6. What is your philosophy of the food and beverages to be provided, including what will be your variety of menu items to be served, the need for healthier products, managing alcohol, etc. (Please provide a sample of your proposed menu and beverage items and your conceptual projected pricing structure which does not count against your page limitations.) Weighting Factor of 4.0 Additionally: Annual Payment Schedule Statement to the City Weighting Factor of 4.0 21 ANNUAL PAYMENT SCHEDULE STATEMENT TO THE CITY The existing Concessionaire at the SouthRidge Golf Course Restaurant/Snack Bar has paid to the City annual cash and/or in -kind contributions or a minimum guarantee (whichever was greater), for the privilege of operating the food and beverage concession. Therefore, in consideration of the aforementioned... You may desire to pay to the City of Fort Collins an annual fee payment in either a flat -rate amount, or on a percentage basis, and/or make an in -kind contribution of a specific dollar value. If so, how much money/percentage/value will you (Concessionaire) pay in each year listed to the City of Fort Collins to be the Concessionaire at SouthRidge Golf Course? 2007 -- $ or % or 2008 -- $ or % or 2009 -- $ or % or 2010 -- $ or % or 2011 -- $ or % or (If you need to explain any of the above, you may attach such a written explanation). Weighting Value of 4.0 22 -Draft- SOUTHRIDGE GOLF COURSE RESTAURANT/SNACK BAR CONCESSION AGREEMENT This Concession Agreement, hereinafter called the "Agreement," is made and entered into as of the day of , 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, whose principal offices are at , 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 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. 23 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. 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 24 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. 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, 25 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. 26 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 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. 27 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 cats 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. W. 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: 29 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. ARTICLE 6 Term 6.1 Period. The term of this Agreement shall commence January 1, 2007 or on the date this Agreement is executed by the parties 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 parry 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 parry 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 parry 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 W] parry 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 Dollars O in 2007, Dollars O in 2008, Dollars O in 2009, Dollars O in 2010, and Dollars O 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 Pam. 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 31 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 32 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 33 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. 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 W 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 additional insured under this Agreement as specified in Exhibit " F", which is attached hereto and incorporated herein by this reference. 12.5 Precautions Against Injury. 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 Assi ng ment 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. 35 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 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. 011 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. 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. 37 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 parry hereto shall be charged personally or held contractually liable by or to the other parry 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. c: 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. 17.8 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 terms 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. WE 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: To Concessionaire: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. THE CITY OF FORT COLLINS, COLORADO ATTEST: A Municipal Corporation By: City Clerk James B. O'Neill, II, CPPO, FNIGP Director of Purchasing and Risk Management APPROVED AS TO FORM: Assistant City Attorney By: ATTEST: 41 EXHIBIT A City of Fort Collins Cultaral, 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 thew 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 wits 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 atl specified employees, volunteers, or other representatives or agents of Contractor in positions of trust shall be screenedlarvestigated at the expense of the Contractor using the City's contracted background semening/investigation procedure as described in each respective Contractor's Agreement; and that the results of such background screening/mvestigation 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 Conductor 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/mvestigation. 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 screeninginvestigation, 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. page 1 of 2 42 The Contractor shall make job assignments and responsibility assignments based upon and in consideration of the background screcning/fnvestigation, and shall not permit any person to perform any position for which such persoifs character or suitability are reasonably in question based upon the information obtained in connection with a background screening/investigation. Tlm City may, in its discretion, object to any assigrunents of Contractor Personnel to positions of trust, as based upon the background screeningfinvestigation. In the event that information from the report is utilized in whole or in part in snaking an adverse decision with regard to potential employment/voluntecr/representativelagrnt 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 finds; and those positions that can work individually with youth or members of the general public. Contractor Process for Obtaining Backgrouad Screeningdavestigation Information 1. 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 screeriing/mvestigation fonn, which is titled 'Disclosure to Praspedive Employees, Volunteers, or Other Representatives or Agents of Contractors Regarding Procurement of a Consumer Report (including a criminal history report)." 2. Wben 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 tithe a summary of his/her rights under the federal Fair Credit Repotting 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 applicantmay 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. JPB 03.22.01 page 2 of 2 43 EXHIBIT B DISCLOSURE TO PROSPECIiVE 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 procurc 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 talc 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/voluntxdrepresentativelagent 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 SUMIARY 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: (Plmac Prim) First Middle Last Signature: Applicant's Address:. City/State/Zip: Driver's License #: Date of Birth: Social Security #: Signature of Parent or Guardian Cif applicant is under the age of 18): Other Names Used in the Last Seven (7) Years: Previous Out -of -State Address(es) in the Past Seven (7) Years: 1. 2. Address City County State Zip Address City . County State Zip Please list any additional addresses on the back of this page. Contractor's Initials:_ _ _ Date:—_--- City Staff Initials: Date:, 44 EXHIBIT C Para informacion en a panol, visite www.ftc.gov/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.ftc.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.v-ov/credit for additional information. 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.ftc.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. 45 • 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..,ov/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 FORA, 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: ONTACT: Consumer reporting agencies, creditors and others not listed below Trade Commission: Consumer Response Center - FCRA [ederal ashin ton, DC 20580 1-877-382-4357 National banks, federal branches/agencies of foreign banks (word fice of the Comptroller of the Currency "National" or initials "N.A." appear in or after bank's name) mpliance Management, Mail Stop 6-6 ashin ton, DC 20219 800-613-6743 Federal Reserve System member banks (except national banks, and Federal Reserve Board federal branches/agencies of foreign banks) Division of Consumer & Community Affairs Washington, DC 20551 202452-3693 Savings associations and federally chartered savings banks (word Office of Thrift Supervision "Federal" or initials "F.S.B." appear in federal institution's name) Consumer Complaints Washington, DC 20552 800 842-6929 Federal credit unions (words "Federal Credit Union" appear in National Credit Union Administration institution's name) 1775 Duke Street Alexandria, VA 22314 703-519-4600 State -chartered banks that are not members of the Federal Reserve Federal Deposit Insurance Corporation System Consumer Response Center, 2345 Grand Avenue, Suite 100 ansas City, Missouri 64108-2638 1-877-275-3342 Air, surface, or rail common carriers regulated by former Civil Department of Transportation, Office of Financial Management Aeronautics Board or Interstate Commerce Commission Nashington, DC 20590 202-366-1306 Activities subject to the Packers and Stockyards Act, 1921 Department of Agriculture ffice of Deputy Administrator - GIPSA ashin ton, DC 20250 202-720-7051 in EXHIBIT D City Provided Equipment Basement Kitchen cont. Folding chairs Sandwich/make table/cooler Wood shelves in office Imperial oven Imperial deep fryer Hood system 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 spray 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 47 EXHIBIT E Concession Provided Equipment 48 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 49 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. 50 Proposal Requirements Complete the "Proposal' form as provided. 2. No person, firm or corporation shall make or file more than one proposal for this contract for services. 3. Proposals (an original and 5 copies) must be sealed, addressed, and deposited with the City at the following location before the proposal opening: City of Fort Collins Office of Purchasing and Risk Management 215 N. Mason Street, 2"d floor (if delivered) P.O. Box 580 (if mailed) Fort Collins CO 80522 4. A proposal may be withdrawn at any time prior to the proposal opening, but may not be withdrawn for a period of sixty (60) days from the closing date for receiving proposals. 5. Required Documents - The following shall be submitted with the proposal: 1. Proposal Questionnaire. 2. The Proposal Form/Addendum Acknowledgment Page. 3. An Annual Payment Schedule Statement To the City. During the written portion of the RFP process, public input/citizen support is not included, and will not be considered when the Committee is evaluating the written proposals. References will only be considered by the Committee for the interview portion of the process. As a public entity, citizens have a right to provide their opinions to us; however, the RFP process clearly defines when such input will be considered. Therefore, proposers shall not solicit nor encourage such citizen support, nor provide references during the written portion of the process. Said references and support can be part of the interview phase of the process. All letters, faxes, e-mails, etc. should be sent to the Manager of Golf for processing. A list of all proposed prices for all items which are to be sold at the concession must be provided by the successful applicant within sixty (60) days after the award of proposal. Permits, Licenses, Fees, and Taxes It shall be the responsibility of the Concessionaire to make application for the necessary permits and licenses, and to pay for all fees and taxes in order to operate this concession, including the ability to obtain a Hotel -Restaurant with Optional Premise Liquor License for alcoholic beverage sales and consumption. Specifications Included in the "Request for Proposals" package is a draft copy of the Agreement that the Concessionaire and the City will sign. All of the elements of the agreement are considered as part of the specifications for the proposals requested. This specification sheet amplifies the major provisions of the SouthRidge Concession operation, as well as defines and provides clarification of several specific points. The Concessionaire and the City shall sign an agreement which will grant to the Concessionaire the operation of the SouthRidge Golf Course Restaurant/Snack Bar Concession Space Area. The duration of the agreement will be for the calendar year 2007 with four possible one-year renewal options (if desired by both parties) for the calendar years 2008, 2009, 2010 and 2011; with possible extensions of the original five-year term for up to five additional one-year terms if performance is satisfactory and subject to City Council approval. 2. The Concession Area must be opened for business from 6:30 a.m. to sundown daily at a minimum for the months of April, May, June, July, August, and September; and from 10:00 a.m. to 4:30 p.m. daily at a minimum during the months of October, November, December, January, February, and March. However, the Concessionaire shall not be required to operate the concession when the golf course is closed due to bad weather or other reasons. Any other hours of operation will be mutually agreed upon between the Concessionaire and the Manager of Golf. Breakfast, lunch, and dinner services are all equally important. 3. The Concessionaire operator must have been in this type of business for at least two (2) years within the past five (5) years, or have sufficient other similar past experience to satisfy in the judgment of the Committee to meet this requirement. 4. The financial condition of the Concessionaire must be of such standing that adequate staffing, supplies and appropriate operational permits as necessary can be purchased/obtained in order to open the concession area for full business no later than April 1, 2007. The Concessionaire must obtain and pay for all licenses and taxes necessary for the operation, and must obtain a Hotel -Restaurant with Optional Premises Liquor License for alcoholic beverage sale and consumption. The premise is defined as the Golf Clubhouse and Patio, Bunker House, and the entire Golf Course grounds of the SouthRidge Golf Course. The Concessionaire shall also provide and pay for any Worker's Compensation, Social Security withholding, payroll taxes, Possessory Interest Tax, and/or any other taxes that might be required by government authorities. Tangible proof of financial ability to operate this concession will be required if you are interviewed. 5. Insurance Requirements. A. The Concessionaire will provide from insurance companies, acceptable to the City, the insurance coverage designated hereinafter and pay all costs. The Concessionaire also indemnifies the City. Before commencing work under this Request for Proposal, the Concessionaire shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: %/ "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the City." In the case of the breach of any provision of this requirement, the City, at their option, may take out and maintain, at the expense of the Concessionaire, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due to the Concessionaire under this agreement. The City, its officers, agents, and employees shall be named as additional insured on the Concessionaire "general liability' insurance policy for any claims arising out of work performed under this agreement. B. Insurance coverages shall meet the following insurance 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 In the event any work under this agreement is performed by a sub -contractor, the Concessionaire shall be responsible for any liability directly or indirectly arising out of the work performed under this agreement by a sub -contractor, which liability is not covered by the subcontractor's insurance. 6. The Concessionaire shall control the conduct and demeanor of its agents and employees. Upon objection from the City concerning conduct or demeanor of any such person, the Concessionaire shall immediately take all lawful steps to address or remove the cause of the objection. Also, if the City so requests, the 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 for which shall be subject to prior and continuing approval of the City. 7. The Concessionaire acknowledges and agrees that certain services provided by the Concessionaire will require that employees, agents, and volunteers 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 other members of the general public. Accordingly, the Concessionaire agrees that all employees, volunteers, and other representatives or agents of the Concessionaire in positions of trust, as defined, shall be screened using the City's contractual background screening procedure, with such costs associated with said screenings to be fully paid by the Concessionaire. 8. The personal conduct of the Concessionaire and its staff has a direct impact on the quality of performance. Unacceptable personal conduct/behavior by the Concessionaire, as defined, can result in immediate or early termination of the Agreement, as also defined. H. 9. The Colorado Legislature passed legislation which as been signed into law by the Governor requiring compliance regarding employment of undocumented aliens. The Concessionaire acknowledges and agrees that those statutory provisions that apply will be followed. If there are any questions about these new legal requirements, Concessionaire agrees to consult with legal counsel. 10. The Concessionaire must maintain an adequate stock of supplies on hand for all occasions as needed to supply the golfers' needs. The primary purpose of the concession area is to provide a service to the golfers. Creative thinking people who will be there, be open, and be ready are important to the success of this operation. Also, cooperation with the Golf Professional is an essential element of this operation. 11. The Concessionaire shall keep and maintain proper business records concerning every aspect of the concession operation, and employee management, including expenses and receipts. All records, including Income Tax Records are to be open for inspection and audit by the City. Also, the concession operator must submit to the City complete operation records at the close of each operating season showing all expenses and gross income. 12. "Gross Sales" includes all revenues received by the Concessionaire for performing the concession service, except Sales Tax. 13. The City pays for all trash and recycling removal services, utilities, and the basic Clubhouse security system at the SouthRidge Golf Course. The Concessionaire shall pay for all telephones, cash registers, credit card machines, ATM's, customer televisions, cable or satellite service, expanded security systems, and for snow removal from the parking lot for Concessionaire functions when the Golf Course is closed for play. 14. The Concessionaire shall submit to the City for review a list of all prices and items which are to be sold at the concession area. Prices and items may be changed or increased periodically, but any and all changes/increases must be reviewed by the Manager of the Golf Division. 15. Smoking instruments and tobacco products of any kind will not be sold at the restaurant/snack bar, clubhouse, Bunker House, or on the grounds of the 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. 16. The operation of the concession granted under the agreement shall, at all times, conform with all applicable State and Federal laws and regulations, and municipal ordinances, as well as all rules, regulations, policies, and procedures as adopted by the City of Fort Collins, or any of its Boards, Services Areas, Departments, or Divisions having jurisdiction over golf courses. M