HomeMy WebLinkAboutROCKY MOUNTAIN ADVENTURES - CONTRACT - BID - 5444 KAYAK ROLL AND REFRESHER SESSION COORDINATORSERVICES AGREEMENT
KAYAK ROLL & REFRESHER SESSION COORDINATOR
THIS AGREEMENT made and entered into the day and year set forth below by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and ROCKY MOUNTAIN ADVENTURES, Inc, hereinafter referred to as "Service Provider"
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows
1 Scope of Services
The Service Provider agrees to provide services in accordance with the scope of services attached
hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference
2. Session Schedule
The services to be performed pursuant to this Agreement shall be performed in accordance with
the Session Schedule negotiated by the City Representative and the Service Provider at the
beginning of each season
3. Contract Period
This Agreement shall commence January 10, 2000, and shall continue in full force and effect until
May 31, 2000, unless sooner terminated as herein provided In addition, at the option of the City,
the Agreement may be extended for additional periods not to exceed four (4) additional periods
Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the
Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written
notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days
prior to contract end
4. Delay
If either party is prevented in whole or in part from performing its obligations by unforeseeable
causes beyond its reasonable control and without its fault or negligence, then the party so
prevented shall be excused from whatever performance is prevented by such cause To the extent
that the performance is actually prevented, the Service Provider must provide written notice to the
City of such condition within fifteen (15) days from the onset of such condition
5. Early Termination by City/Notice
Notwithstanding the time periods. contained herein, the City may terminate this Agreement at any
time without cause by providing written notice of termination to the Service Provider Such notice
shall be delivered at least fifteen (15) days prior to the termination date contained in said notice
unless otherwise agreed in writing by the parties All notices provided under this Agreement shall
be effective when mailed, postage prepaid and sent to the following addresses
SA 7/93
1
go
City:
City of Fort Collins Purchasing
PO Box 580
Fort Collins, CO 80521
Service Provider:
Rocky Mountain Adventures, Inc
1117 N Hwy 287
Fort Collins, CO 80524
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement Such payment shall be the Service Provider's sole right and
remedy for such termination
6. Rental
The Service provider shall pay the City One -Hundred Dollars $ 00 for each scheduled session,
as rental for the use of the Mulberry Pool Payment for all scheduled sessions shall be made prior
to the beginning of the first such session
7. City Representative
The City will designate, prior to commencement of the work, its representative who shall make,
within the scope of his or her authority, all necessary and proper decisions with reference to the
services provided under this agreement All requests concerning this agreement shall be directed
to the City Representative
8. Independent Service provider
The services to be performed by Service Provider are those of an independent service provider and
not of an employee of the City of Fort Collins The City shall not be responsible for withholding any
portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's
Compensation or other taxes or benefits or for any other purpose
9. Personal Services
It is understood that the City enters into the Agreement based on the special abilities of the Service
Provider and that this Agreement shall be considered as an agreement for personal services
Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties
arising under the Agreement without the prior written consent of the City
10. Acceptance Not Waiver
The City's approval or acceptance of, or payment for any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of
action arising out of performance of this Agreement
11. Warranty
Service Provider warrants that all work performed hereunder shall be performed with the highest
degree of competence and care in accordance with accepted standards for work of a similar nature
SA 7/93
2
rat;
�t
12. Default
Each and every term and condition hereof shall be deemed to be a material element of this
Agreement In the event either party should fad or refuse to perform according to the terms of this
agreement, such party may be declared in default thereof
13 Remedies
In the event a party has been declared in default, such defaulting party shall be allowed a period
often (10) days within which to cure said default In the event the default remains uncorrected, the
party declaring default may elect to
a Terminate the Agreement and seek damages,
b Treat the Agreement as continuing and require specific performance, or
c Avail himself of any other remedy at law or equity If the non -defaulting party
commences legal or equitable actions against the defauting party, the defaulting
party shall be liable to the non -defaulting party for the non -defaulting party's
reasonable attorney fees and costs incurred because of the default
14 Binding Effect
This writing, together with the exhibits hereto, constitutes the entire agreement between the parties
and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure
to the benefit of the respective survivors, heirs, personal representatives, successors and assigns
of said parties
15. Indemnity/Insurance
a The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands
or liability of any character whatsoever brought or asserted for injuries to or death
of any person or persons, or damages to property arising out of, result from or
occurring in connection with the performance of any service hereunder
b The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property
c Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified
within Exhibit "B", consisting of one (1) page, attached hereto and incorporated
herein by this reference The Service Provider before commencing services
hereunder, shall deliver to the City's Director of Purchasing and Risk Management,
256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate
evidencing the insurance coverage required from an insurance company acceptable
to the City
SA 7/93
3
16. Entire Agreement
This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties Covenants or representations not contained in this Agreement
shall not be binding on the parties
17. Law/Severability
The laws of the State of Colorado shall govern the construction interpretation, execution and
enforcement of this Agreement In the event any provision of this Agreement shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision of this Agreement
THE C Y OF FORT COLLINS, C,O`L�OQRADO
By
Jame B O'Neill II, CPPO
Director of Purchasing & Risk Management
DATE
ROCKY MOUNTAIN ADVEN, TURES—IN
By —
David Costiow
President
Date ���) 0
02111122
(Corporate Seal)
Corporate Secretary
SA 7/93
4
E
Exhibit A:
SCOPE OF WORK.
The Service Provider shall pay the City the sum of $100 for each Sunday that sessions are
scheduled The annual schedule shall be determined by the City Representative in consultation
with the Service Provider Participants shall pay the Service Provider $4 50 each per session
Service Provider shall supply:
• Registration for sessions at the Mulberry Pool Such registration must be open to the public at
the Service Provider's place of business during normal business hours Service Provider's
place of business must be scheduled to operate at least six days per week At a minimum, the
Service Provider must be able to handle walk-in and telephone registration for the sessions
• Two, one -hour and thirty minute training sessions each Sunday morning, generally between the
second Sunday in January through the last Sunday in May Each session shall allow for up to
twenty (20) participants, fifteen (15) pre -registered and five (5) drop -in participants
• A qualified staff with expert knowledge of kayaking Pool sessions must be staffed with a
minimum of two (2) ACA certified instructors Each instructor must have a minimum of two
seasons experience in whitewater kayaking
• Rental boats and equipment specific to whitewater kayaking for people not owning equipment
of their own Eight (8) sets of such equipment must be provided onsite for each session
Service Provider staff shall:
• Meet with the pool manager prior to each session at a time specified by the City Representative
• Supervise cleaning of boats before they are put in the pool
• Minimize ice buildup on the outside walkway Provide a mat for the area if needed
• Collect funds and distribute updates and session information
• Respond to customer complaints Resolve such complaints if possible Forward complaints
to City staff where appropriate
• Provide assistance to participants during the sessions Encourage sharing of techniques among
participants
• Remove boats, equipment, and other materials from the facility after training sessions Return
the pool configuration to that required for normal operations
• Ensure the safety of all participants by supervising sessions and enforcing safety rules and such
other session rules as agreed to by the Service Provider and the City Representative
SA 7/93
5
Exhibit B:
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement"
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins "
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, 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 the Service Provider under this Agreement The City, its
officers, agents and employees shall be named as additional insured on the Service
Provider's general liability and automobile liability insurance policies for any claims arising
out of work performed under this Agreement
2 Insurance coverage shall be as follows
A Workers' Compensation & Employer's Liability The Service Provider shall maintain
during the life of this Agreement for all of the Service Provider's employees engaged
in work performed under this agreement
1 Workers' Compensation insurance with statutory limits as required by
Colorado law
2 Employer's Liability insurance with limits of $100,000 per accident, $500,000
disease aggregate, and $100,000 disease each employee
B Commercial General & Vehicle Liability The Service Provider shall maintain during
the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement Coverage for
property damage shall be on a "broad form" basis The amount of insurance for
each coverage, Commercial General and Vehicle, shall not be less than $500,000
combined single limits for bodily injury and property damage
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance
SA 7/93
6