HomeMy WebLinkAboutRESPONSE - RFP - P1037 SOUTHRIDGE RESTAURANT/SNACK BAR CONCESSIONAIRE (12)Administrative Services
Purchasing Divison
215 North Mason Street 2nd
Floor P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6775 Fax (970) 221-6707 www.fcgov.com
REQUEST FOR PROPOSAL
P1037
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://secure2.fcgov.com/bso/login.jsp
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
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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
Course Superintendent, Randy Bonneville was on site during the construction. Currently, all golf
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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
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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
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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:
1. 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.
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Proposal Requirements
1. 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, 2nd 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.
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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.
1. 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:
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“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.
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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.
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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
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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:
1. 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.
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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.
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2007 GOLF FEES AND CHARGES
City Park Nine, Collindale
Daily Green Fees and SouthRidge
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 ½ 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-Holes18-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
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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
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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
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Concession Provided Equipment
Basement: Dining Room and Bar cont.
Coronado Freezer Computer System and cash drawer
Pepsi machine and BIB rack Umbrellas and bases
CO2 bottles Pergola shade
Wire shelves Gas grill
Food & Beverage inventory Folding tables
Paper product inventory Speed racks
Coleman coolers All Mackenzie’s signage and logo
Chafing dishes Coffee Warmer
Yamaha beverage cart Wire racks in walk-in cooler
Club Car beverage cart Pepsi cooler in closet
Office furniture CO2 tanks
Sales records and receipts Easel, chalk boards, and dry erase boards
Computer and printer Dolly
Wireless Internet module Ticket hangers
TV and cables Phones
Window blind
Oak cabinet
Art Work Kitchen
Food inventory
Wire shelves
Bunker House Cambro and Tupperware
Ice machine All pots and pans
Microwave All china and flatware
Display coolers Chemicals
1 space heater Chaffing dishes and hotel pans
Beverage inventory Stainless steel prep table
Coleman coolers
Soup warmer
Dining Room and Bar Towels and aprons
Food, liquor, and beverage inventory Serving trays
TV’s, brackets, and cables Coffee machine and decanters
Stereo system Speed rack and ticket hangers
Camera system and all cables All cutting boards
Plants, artwork, and wall hangings Gas flat top
Display coolers Gas broiler
Display racks Electric broiler
All Glassware Microwave
Cowboy doors Toaster
Alder (wooden) top tables and bases Hot dog machine
Pepsi gun and compressor Bread cart
Can cooler Tomato slicer
Tap box and brass plate Paper product inventory
All taps and tap handles Spoons, ladles, turners, knives
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PROPOSAL
PROPOSAL NO: P1037 DATED THIS _______ 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, 2nd floor (if delivered)
P.O. Box 580 (if mailed)
Fort Collins CO 80522
To Whom It May Concern:
1. 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
Address:__________________________
Print Name
______________________________
Title
Phone: __________________________
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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 ½" 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
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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
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-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.
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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
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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,
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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.
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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.
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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.
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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:
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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
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
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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
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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
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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
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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
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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
Assignment
The Concessionaire shall not assign this Agreement, sublet or otherwise allow any person to
take possession of all or any portion of the Concession Space without prior written consent of the
City nor permit any transfer by operation of law of Concessionaire's interest created hereby,
other than by merger or consolidation unless approved by City.
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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.
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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.
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16.2 City's Remedies on Default.
16.2.1 In the event of a default by Concessionaire, the City may terminate this Agreement
effective immediately upon provision of written notice of such termination to Concessionaire. In
the alternative, the City may elect to keep the Agreement in force and work with Concessionaire
to cure the default. If this Agreement is terminated, the City shall have the right to take
possession of the Concession Space at the time of default. Concessionaire's liability to City for
damages and rent shall survive the termination, and the City may re-enter, take possession of the
Concession Space and remove any persons or property by legal action or by self-help with the
use of reasonable force and without liability for damages.
16.2.2 Following re-entry or abandonment, City may make arrangements for use of the
Concession Space by others and in that connection may make any suitable alterations or
refurbish the Concession Space, but City shall not be required to make such arrangement for any
use or purpose.
16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and
remedies reserved pursuant to this Article are in addition to any other rights or remedies the City
may have pursuant to this Agreement or to applicable law to seek judicial enforcement, damages
or any other lawful remedy.
ARTICLE 17
Miscellaneous Provisions
17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed
cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to the City, or Concessionaire, at law or in equity, and the exercise of any remedy, or
the existence herein of other remedies or indemnities shall not prevent the exercise of any other
remedy.
17.2 Non-Waiver. The failure by either party to exercise any right or rights accruing to it
by virtue of the breach of any covenant, condition or agreement herein by the other party shall
not operate as a waiver of the exercise of such right or rights in the event of any subsequent
breach by such other party, nor shall such other party be relieved thereby from its obligations
under the terms hereof.
17.3 Non-liability of Individuals Other than Concessionaire. With the exception of
Concessionaire, no director, officer, agent or employee of either party hereto shall be charged
personally or held contractually liable by or to the other party under any term or provision of this
Agreement or of any supplement, modification or amendment to this Agreement because of any
breach thereof, or because of its or their execution or attempted execution of the same.
17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the Concession
Space, or any part thereof, for any purpose or use other than those authorized by this Agreement.
Neither shall Concessionaire permit nor suffer any disorderly noise or nuisance whatsoever
about the Concession Space, Clubhouse or SouthRidge Golf Course.
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17.5 Governing Law. This Agreement shall be performable and enforceable in Larimer
County, Colorado, and shall be construed in accordance with the laws of the State of Colorado.
17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Concessionaire, their successors and assigns, and is not made for the benefit of any third party.
17.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it
shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
17.8 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
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its improvements in accordance with Section 10 above, unless this Agreement is renewed or
replaced.
17.14 City Representative. The City designates the Manager of the Golf Division as its
representative who shall make, within the scope of his authority, all necessary and proper
decisions with reference to this Agreement. All requests for contract interpretations,
amendments and other clarifications or instructions shall be directed to the City Representative.
17.15 Notices. Notices permitted or required to be given under this Agreement shall be in
writing and shall be deemed given upon personal delivery or upon deposit in the United States
Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such
other address as the parties may designate from time to time by notice given in accordance with
this Section:
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
written above.
THE CITY OF FORT COLLINS, COLORADO
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:
_______________________
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EXHIBIT A
City of Fort Collins
Cultural, Library and Recreational Services
Golf Division
Policy: Contractor Personnel Conduct and Demeanor, and Background Screening for Positions of Trust.
Under the terms and conditions of each respective Contractor’s Agreement with the City, all Golf
Professionals and Restaurant/Snack Bar Concessionaires shall control the conduct and demeanor of their
employees, volunteers, and other representatives or agents of the Contractor that will be working on
behalf of the Contractor in providing services to the City. The Contractor agrees to provide to the City
at all times a current list of employees, volunteers, and other representatives or agents of Contractor that
will be working on behalf of the Contractor in providing services to the City under their Agreement, and
that all such employees, volunteers, and other representatives or agents of Contractor agree to adhere to
the “Behavior/Standards of Personal Conduct and Performance.”
Contractors and the City also hereby acknowledge and agree that certain services provided by the
Contractor will require that specified employees, volunteers, and other representatives or agents of the
Contractor act in “positions of trust” which can include the handling of and/or accounting for funds of
the City and/or of City property, or direct contact with youth and members of the general public.
Accordingly, each Contractor agrees that all specified employees, volunteers, or other representatives or
agents of Contractor in positions of trust shall be screened/investigated at the expense of the Contractor
using the City’s contracted background screening/investigation procedure as described in each
respective contractor’s Agreement; and that the results of such background screening/investigation shall
be provided to the City prior to any such persons participation in the provision of services, as described
in each respective contractor’s Agreement. Each Contractor shall require the completion and execution
of the Disclosure/Waiver form for all specified employees, volunteers, and other representatives or
agents of Contractor. The purpose of this form is to provide the necessary information about an
applicant and permission to review confidential information for a complete and thorough background
screening/investigation. The Contractor shall provide to all said employees, volunteers, and other
representatives or agents a Summary of Rights under the Fair Credit Reporting Act..
The background screening/investigation shall include, but is not necessarily limited to, checking arrests
and/or conviction records, driving records, credit history, education, previous employment and volunteer
work and other records as may be appropriate, and references, including review of any records of
information available to the City as a result of past employment or contractual relationships the
employee, volunteer, or other representative or agent has had with the Contractor or the City.
The City will provide assistance in completing the background screening/investigation, including
providing the completed disclosure form to an outside vendor for a confidential records check.
Contractor acknowledges that by providing such assistance the City assumes no responsibility for the
timeliness, accuracy or completeness of the background screening/investigation, or for the direct or
indirect consequences resulting from the same, and the Contractor shall hold the City harmless for any
injury or loss resulting therefrom.
The Contractor shall make job assignments and responsibility assignments based upon and in
consideration of the background screening/investigation, and shall not permit any person to perform any
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position for which such person’s character or suitability are reasonably in question based upon the
information obtained in connection with a background screening/investigation. The City may, in its
discretion, object to any assignments of Contractor Personnel to positions of trust, as based upon the
background screening/investigation. In the event that information from the report is utilized in whole or
in part in making an adverse decision with regard to potential
employment/volunteer/representative/agent status, before making the adverse decision, the City will
attempt to provide Contractor with a copy of the consumer report/criminal history.
Specified employees, volunteers, and other representatives or agents of Contractors identified at this
time to be in positions of trust shall include, but are not necessarily limited to, all top assistants, area or
section managers, lesson providers, personnel that directly handle and/or account for City funds; and
those positions that can work individually with youth or members of the general public.
Contractor Process for Obtaining Background Screening/Investigation Information
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
screening/investigation form, which is titled “Disclosure to Prospective Employees, Volunteers, or
Other Representatives or Agents of Contractors Regarding Procurement of a Consumer Report
(including a criminal history report).”
2. When the employee, volunteer, other representative or agent (applicant) has completed and signed
the form, the Contractor shall initial and date the bottom of the form, giving the bottom copy of the
form to the applicant. The Contractor shall also give to the applicant at this time a summary of
his/her rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act also
imposes requirements and procedures related to any adverse decisions based upon credit
information.
3. The Contractor keeps one copy of the form and forwards the original signed copy of the form to the
Golf Division Administrative office. In order to expedite the processing time, the Contractor may
also FAX a copy or bring the original copy of the form to the golf Division Administrative Aide.
Once the Administrative Aide enters the form information into the computer, it takes three to four
days for the City’s contracted background screening/investigation firm to perform their service.
4. Because of the large number of applicants being screened using this similar process, there shall be
no notification to the Contractor unless an applicant receives a negative report within four days of
the time that the Administrative Aide enters the information into the computer. Therefore, the
applicant may begin assignment for the Contractor after four days unless the Contractor is notified
otherwise. However, be aware that it is possible that we could receive a negative report after four
days, and we will have to address the situation at that time.
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EXHIBIT B
DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR OTHER
REPRESENTATIVES OR AGENTS OF CONTRACTORS REGARDING PROCUREMENT OF
A CONSUMER REPORT
(including a criminal history report)
In connection with your status as a prospective employee, volunteer, or other representative or agent of the
Contractor, Contractor and the City of Fort Collins may procure a consumer report/criminal history on you as part
of the process of considering your candidacy for said status. The investigation conducted in conjunction with the
report may include an investigation of your personal employment/volunteer history, education, financial, and
credit records, public records concerning your driving record, civil and criminal court records, county, state, and
Federal tax liens, notices of default and bankruptcies, and other records as may be appropriate. In the event that
information from the report is utilized in whole or in part in making an adverse decision with regard to your
potential employment/volunteer/representative/agent status, before making the adverse decision, the City and the
Contractor will attempt to provide you and the Contractor with a copy of the consumer report/criminal history and
a description in writing of your rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act
gives you specific rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF YOUR
RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document.
By your signature below, you hereby authorize us to obtain a consumer report and/or an investigative report about
you in order to consider your status as a prospective employee, volunteer, or other representative or agent for the
Contractor.
Applicant’s Name:
(Please Print) First Middle Last
Signature: Date of Birth:
Applicant’ Address:
City/State/Zip:
Driver’s License #: Social Security #:
Signature of Parent or Guardian:
(if 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.
Address City County State Zip
2.
Address City County State Zip
Please list any additional addresses on the back of this page.
Contractor’s Initials: Date: City Staff Initials: Date:
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EXHIBIT C
47
48
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
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EXHIBIT E
Concession Provided Equipment
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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
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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.