HomeMy WebLinkAboutLEWIS TENNIS INC - CONTRACT - CONTRACT - P896 ROLLAND MOORE TENNIS PRO SHOP CONCESSIONROLLAND MOORE PARK RACQUET CENTER
PRO -SHOP CONCESSION AGREEMENT
This Concession Agreement, hereinafter called the "Agreement", made and entered into as of
the 5th day of September, 2003 by and between The City of Fort Collins, Colorado, a municipal
corporation, hereinafter called "City", and Lewis Tennis Inc., hereinafter called
"Concessionaire."
WITNESSETH:
GENERAL SCOPE OF SERVICES
The Concessionaire agrees to provide Pro Shop services in accordance with the following
articles and the scope of services attached hereto as Exhibit A, consisting of two(2) pages, and
incorporated herein by this reference.
ARTICLE 1 - Concession Space
1.1 Definition of Concession Space
For the purposes of this Agreement, the "Concession Space" shall mean the Tennis Pro Shop
located in Rolland Moore Park and the storage shed located northwest of the Pro Shop.
ARTICLE 2 - Concessionaire's Use of Concession Space
2.1 In General
The City grants to Concessionaire the following rights and privileges:
2.1.1 Subject to other limitations expressed in this Agreement, the right to exclusive use of
the Concession Space for Pro Shop operations (and for no other purpose) in such spaces and
manner as may be prescribed by the City.
ARTICLE 3 - Rights of Ingress and Egress
3.1 In General
Concessionaire shall have the right of ingress and egress to and from the Concession Space
and Parks 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 Rolland Moore Park, presently or
hereafter used as such, so long a reasonable and safe means of ingress and egress as
provided above remains available to Concessionaire.
ARTICLE 4 - Undertakings of Concessionaire
4.1 Pro Shop Services
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.
16.4 Limitations on Park Use
Concessionaire shall not use, or permit the use of Rolland Moore Park, or any part thereof, for
any purpose or use other than those authorized by this Agreement.
16.5 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.
16.6 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.
16.7 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.
16.8 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.
16.9 Headings
The paragraph headings and titles of the several articles of this Agreement are inserted herein
for convenience and reference 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.
16.10 Attorney 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 attorneys' fees and costs to be allowed in
such action or proceeding and in any appeal therefrom.
16.11 Entire Agreement
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.
16.12 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 City or Concessionaire in their or its respective rights and obligations
under the valid covenants, conditions or provisions of this Agreement.
16.13 Surrender of Possession
Upon the expiration of this Agreement or its earlier termination as herein provided,
Concessionaire shall remove all of its property and surrender entire possession of its rights to
the City and its improvements in accordance with Section 9 above, unless this Agreement is
renewed or replaced.
16.14 City Representative
The City designates Marc Rademacher as its representative who shall make, within the scope
of his or her 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.
16.15 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:
Concessionaire:
Lewis Tennis Inc.
Larry Lewis
1205 W. Elizabeth #E PMB #111
Fort Collins, CO 80521
City:
James B. O'Neill Il, CPPO, FNIGP
Director of Purchasing and Risk Management
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
16.16 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 the reference incorporated in this Agreement.
16.17 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 for which it is not responsible or that are not within its control.
16.18 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.
16.19 No Relationship
Nothing contained herein shall be deemed or construed by the parties hereto nor by any third
party as creating the relationship of principal and agent or a partnership or a joint venture
between the parties hereto.
16.20 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.
16.21 ADA Compliance
The City of Fort Collins Recreation Division proudly supports the Americans with Disabilities Act
(ADA) and is dedicated to providing programs and services to citizens with disabilities.
Agencies contracted by the City to provide programs and services shall also be responsible for
providing and paying for the necessary accommodations or support for individuals with
disabilities to participate in any activity of their choice. This may include, but is not limited to,
hiring sign language interpreters, modifying instructional technique and equipment, providing
trained staff or volunteers for one on one support. The City will be responsible for any structural
ADA modifications to the facility and provide staff training and resources for determining and
implementing accommodations. Please refer to the City of Fort Collins - CLRS Inclusion
Procedures attached as Exhibit "E".
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
written above.
THE CITY OF FORT COLLINS, COLORADO
By: ` J6&-a 4
m s B. O'Neill II, CPPO, FNIGP
Directo of urchasing & Risk Management
DATE:
Lewis Tennis Inc.
By: ,
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
i
Date: 1-/i;'J 3
i
ATTEST:
----------------
(Corporate Seal)
Corporate cretar
Exhibit "A"
Scope of Work
City expectations of the contractor:
• 5 years of full-time experience running a public facility
• 10 years of full-time overall Tennis programming experience
• Ability and knowledge to both run pro -shop operations and program tennis activities.
• Certified USPTA prof professional on staff
At a minimum, the selected concessionaire must provide:
• Racquet stringing services
• Ball machine rentals (concessionaire must supply tennis balls for the machine)
• Tennis lessons and other tennis activities on City -owned tennis courts
• Instructors, payment to instructors and equipment for any tennis programs
• Sale of tennis related items in the pro -shop
• Distribution of Recreation Division literature in the pro -shop
• Registration for all tennis activities including on-line registration
• A price list for all products and services, updated monthly
• Scheduling for all City -owned courts
• Rental fee collection from court rentals using fees set by the City Recreation Division
• Tennis program marketing for the growth of tennis in Fort Collins
• Year-end reports that detail total program participation and court usage
The Concessionaire will be responsible for:
• Scheduling and collection of fees for all City -owned courts
• Care, cleaning and minor maintenance of the Pro -Shop building
• Care and cleaning of the storage shed northwest of the pro shop
• General cleaning of the area around the pro shop
• Payment of telephone and data line expenses related to the Pro Shop operation
• Care of any City property used in the Pro Shop
• Providing registration materials to the Recreation Communications office
• Reporting maintenance concerns to the proper park crew chief.
• Payment to City on a (monthly) basis.
• Informing Outdoor Sports Facility Scheduler of major events (i.e. large tournaments, clinics
etc..)
• Providing tennis programs to the citizens of Fort Collins
• Running background checks on all staff that will work with the public
• Providing Roll-Dris or other court drying devices
• Water removal from courts caused by weather
The City will be responsible for:
• Maintenance of the courts, buildings and surrounding areas
• Providing marketing assistance for new activities offered by the concessionaire, space for
general tennis information in each issue of the recreation program brochures, assistance in
targeting new tennis audiences in the community, and assistance with solicitation of interns
form area universities.
• Landscaping care and maintenance. Trash removal from City trash containers.
• Establishing rental court fees
• Entering large events into the City's Event Management System (EMS).
• Providing background check forms and payment of background check
The concessionaire shall have exclusive rights to:
• Pro Shop for sales of goods and services
• Providing private, semi -private, and group lessons; clinics, tournaments, and other tennis
activities at the Rolland Moore Racquet Center and other City -owned courts.
• Priority use of all City -Owned courts
The Concessionaire shall have the use of the following City -owned equipment. Maintenance of
such equipment shall be the responsibility of the Concessionaire.
• Alpha Ultra Edge III automatic stringing machine
• Sentry Valuguard 1310 safe
• Four interior steel company lockers
• Playmate ACE BP ball machine with remote control
• Misc. Office furniture: Desk and table
• Merchandise displays, including one clothes rack and wall mounts
Exhibit "B"
BACKGROUND CHECKS FOR POSITIONS OF TRUST
Certain positions to be utilized by Concessionaire in providing services to the City under this
Agreement have been designated by the City as "positions of trust." Such positions include, but
are not limited to, jobs where the employee or volunteer regularly works with youths or other
members of the general public, enters private homes or property, or is responsible for
accounting duties or management and control of City property. Concessionaire will conduct a
background investigation of persons to provide services to the City in such positions. The
investigation shall include, but is not limited to, checking arrests and/or conviction records,
driving records, credit history, previous employment and volunteer work, and references,
including review of any records or information available to the City as a result of past
employment or contractual relationships the employee has had with the City. The
Concessionaire shall make job assignment and responsibility assignments based upon and in
consideration of the background investigation, and shall not permit any person to perform any
position for which such person's character or suitability are reasonably in question based upon
the information obtained in connection with a background investigation. The City may, in its
discretion, object to any assignments of personnel to positions of trust by Concessionaire,
based on the background investigation. The City may provide assistance in completing the
background investigation, including providing the completed disclosure form to an outside
vendor for a confidential records check. Concessionaire acknowledges that by providing such
assistance 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.
Process for Obtaining Background Check Information
The Concessionaire shall use the following procedure:
Once an employee or volunteer selection or assignment for work under the
Concessionaire Agreement with the City is made, the employee or volunteer shall
complete the background check form attached to the Agreement as Exhibit "C", which is
titled "Disclosure to Employee/Volunteer Regarding Procurement of a Consumer Report
(Including Criminal History Report and Employment History Review)." The purpose of
this form is to provide the necessary information about an applicant and permission to
review confidential information, so that the Concessionaire can complete a thorough
background check.
2. If the Concessionaire anticipates that the employee or volunteer will operate any
vehicles or City equipment in providing services to the City, a driving record check shall
be conducted in addition to a criminal check. The driving record check will be completed
at the same time as the background check.
Exhibit "C"
DISCLOSURE TO EMPLOYEE/VOLUNTEER
REGARDING PROCUREMENT OF A CONSUMER REPORT
(INCLUDING CRIMINAL HISTORY REPORT AND EMPLOYMENT HISTORY REVIEW)
In connection with your employment/volunteer status in connection with sensitive contractual
services being provided by your employer, Lewis Tennis Inc. to the City of Fort Collins, your
employer may procure a consumer report/criminal history on you as part of the process of
considering your role as an employee/volunteer, and may obtain information from and share the
resulting information with the City of Fort Collins for that purpose. 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, effort will be made to provide you 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 Lewis Tennis Inc., and/or the City of Fort Collins to
obtain a consumer report and/or an investigative report about you in order to consider you for
employment/volunteer status, including any records related to previous employment or contractual
relationships you have had with the City of Fort Collins.
Applicant's Name:
(Please Print)
Date of Birth:
Applicant's Address:
Social Security #:
Signature:
City/State/Zip:
Signature of Parent or Guardian (if applicant is under age 18):
Other Names Used in the Last Seven (7) Years:
Previous Out -of -State Address(es) in the Past Seven (7) Years:
1.
Address
2
Address
City County
City County
State
State
Zip
Zip
Please list any additional addresses on the back of this page.
Give this disclosure with a copy of A Summary of Rights Under the Fair Credit Reporting Act to
applicant. Retain a copy of the release for your records, and provide a copy of the release to the
City of Fort Collins.
A Summary of Your Rights
Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and
privacy of information in the files of every "consumer reporting agency" (CRA). Most CRAB are
credit bureaus that gather and sell information about you -- such as if you pay your bills on time
or have filed bankruptcy -- to creditors, employers, landlords, and other businesses. You can
find the complete text of the FCRA, 15 U.S.C. 1681-1681 u, at the Federal Trade Commission's
web site (http://www.ftc.gov). The FCRA gives you specific rights, as outlined below. You may
have additional rights under state law. You may contact a state or local consumer protection
agency or a state attorney general to learn those rights.
You must be told if information in your file has been used against you. Anyone who uses
information from a CRA to take action against you -- such as denying an application for credit,
insurance, or employment -- must tell you, and give you the name, address, and phone number
of the CRA that provided the consumer report.
You can find out what is in your file. At your request, a CRA must give you the information in
your file, and a list of everyone who has requested it recently. There is no charge for the report if
a person has taken action against you because of information supplied by the CRA, if you
request the report within 60 days of receiving notice of the action. You also are entitled to one
free report every twelve months upon request if you certify that (1) you are unemployed and
plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate
due to fraud. Otherwise, a CRA may charge you up to eight dollars.
You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains
inaccurate information, the CRA must investigate the items (usually within 30 days) by
presenting to its information source all relevant evidence you submit, unless your dispute is
frivolous. The source must review your evidence and report its findings to the CRA. (The source
also must advise national CRAB -- to which it has provided the data -- of any error.) The CRA
must give you a written report of the investigation and a copy of your report if the investigation
results in any change. If the CRA's investigation does not resolve the dispute, you may add a
brief statement to your file. The CRA must normally include a summary of your statement in
future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who
has recently received your report be notified of the change.
Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate
or unverified information from its files, usually within 30 days after you dispute it. However, the
CRA is not required to remove accurate data from your file unless it is outdated (as described
below) or cannot be verified. If your dispute results in any change to your report, the CRA
cannot reinsert into your file a disputed item unless the information source verifies its accuracy
and completeness. In addition, the CRA must give you a written notice telling you it has
reinserted the item. The notice must include the name, address and phone number of the
information source.
You can dispute inaccurate items with the source of the information. If you tell anyone -- such as
a creditor who reports to a CRA -- that you dispute an item, they may not then report the
information to a CRA without including a notice of your dispute. In addition, once you've notified
the source of the error in writing, it may not continue to report the information if it is, in fact, an
error.
Outdated information may not be reported. In most cases, a CRA may not report negative
information that is more than seven years old; ten years for bankruptcies.
Access to your file is limited. A CRA may provide information about you only to people with a
need recognized by the FCRA -- usually to consider an application with a creditor, insurer,
employer, landlord, or other business.
Your consent is required for reports that are provided to employers, or reports that contain
medical information. A CRA may not give out information about you to your employer, or
prospective employer, without your written consent. A CRA may not report medical information
about you to creditors, insurers, or employers without your permission.
You may choose to exclude your name from CRA lists for unsolicited credit and insurance
offers. Creditors and insurers may use file information as the basis for sending you unsolicited
offers of credit or insurance. Such offers must include a toll -free phone number for you to call if
you want your name and address removed from future lists. If you call, you must be kept off the
lists for two years. If you request, complete, and return the CRA form provided for this purpose,
you must be taken off the lists indefinitely.
You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA
data, violates the FCRA, you may sue them in state or federal court.
The FCRA gives several different federal agencies authority to enforce the FCRA:
FOR QUESTIONS OR CONCERNS REGARDING FAIR CREDIT REPORTING CONTACT:
CRAs, creditors and others not listed below
Federal Trade Commission
Consumer Response Center - FCRA
Washington, DC 20580 (202) 326-3761
National banks, federal branches/agencies
of foreign banks (word "National" or initials
"N.A." appear in or after bank's name)
Office of the Comptroller of the Currency
Compliance Management, Mail Stop 6-6
Washington, DC 20219 (800) 613-6743
Federal Reserve System member banks
(except national banks, and federal
branches/agencies of foreign banks)
Federal Reserve Board
Division of Consumer & Community Affairs
Washington, DC 20551 (202) 452-3693
Federal credit unions (words "Federal Credit
Union" appear in institution's name)
National Credit Union Administration
1775 Duke Street
Alexandria, VA 22314 (703) 518-6360
State -chartered banks that are not members
of the Federal Reserve System
Federal Deposit Insurance Corporation
Division of Compliance & Consumer Affairs
Washington, DC 20429 (800) 934-FDIC
Air, surface, or rail common carriers regulated by
former Civil Aeronautics Board or Interstate
Commerce Commission
Department of Transportation
Office of Financial Management
Washington, DC 20590 (202) 366-1306
Savings associations and federally chartered Activities subject to the Packers and
savings banks (word "Federal" or initials "F.S.B." Stockyards Act, 1921
appear in federal institution's name) Department of Agriculture
Office of Thrift Supervision Consumer Programs Office of Deputy Administrator - GIPSA
Washington, DC 20552 (800) 842-6929 Washington, DC 20250 (202) 720-705
Exhibit "D"
REQUEST, AUTHORIZATION AND WAIVER
I hereby request and authorize the City of Fort Collins, its officers, employees, and agents
(collectively referred to as the "City"), at anytime within one year of the date of this request, to
provide reference information, whether written or verbal to Lewis Tennis Inc., concerning my
employment with the City of Fort Collins. Such reference information may include, but is not
limited to, my personnel files, objective and subjective evaluations of my employment
performance, attendance records, and any other information of any kind, written or verbal,
concerning my employment with the City of Fort Collins.
I hereby fully waive any rights, claims, and damages I have or may have against the City that
may directly or indirectly result from the use, disclosure or release of any information by the
City, whether such information is favorable or unfavorable to me.
Signature
Printed Name
Address
Telephone Number
State of Colorado
County of Larimer
Subscribed and sworn to before me this _ day of
, 20_ by
My commission expires 20 .
SEAL
Notary Public
Date
4.1.1 Scope of Work (see attached Exhibit "A")
4.1.2 Concessionaire acknowledges the desire and obligation of the City to provide the
public with quality merchandise and a high level of service. Therefore, Concessionaire agrees
to offer for sale from the Concession Space only merchandise and services at prices not to
exceed the prices customarily charged for similar items in Fort Collins area Pro Shop
operations. If, in the opinion of the City, the selection of items offered is inadequate or not of
acceptable quality, if any of the prices are excessive or if any of the items are found to be
objectionable for display and/or sale in a public facility, the City 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 seven (7) days of being advised in writing to do so shall be
cause for default.
4.1.5 Concessionaire may not add, remove or otherwise vary its services listed in Section
4.1.1 without the prior written authorization of the City Representative.
4.2 Hours of Operation
To be determined by Concessionaire with approval of the City Representative.
4.3 Concessionaire Personnel
Concessionaire shall control the conduct and demeanor of its agents and employees. 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 and volunteers 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 B, consisting of two (2) pages, attached hereto and incorporated herein by
this reference, shall be screened using the background screening procedure described on Exhibit
B, 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 form attached hereto as Exhibit C,
consisting of three (3) pages and incorporated herein by this reference, and the Request,
Authorization and Waiver form, attached hereto as Exhibit D, consisting of one (1) page and
incorporated herein by this reference, and shall provide to the employee/volunteer of the
Summary of Rights under the Fair Credit Reporting Act included as part of Exhibit C.
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.
Exhibit "E"
City of Fort Collins-CLRS
Adaptive Recreation Opportunities
Inclusion Procedures: Accommodations for people with disabilities
The City of Fort Collins Recreation Division provides equal and quality recreation opportunities
to all members of the community. Individuals of all abilities should have the opportunity to
equally participate in any class of their choice. The Adaptive Recreation Opportunities program
(ARO) works with all program areas to ensure that people with disabilities have the necessary
accommodations or support they need to participate in any recreation program at their highest
level of independence.
Inclusion Objectives
1.) To welcome and support individuals with disabilities into any recreation programs, activities
or facilities that the Recreation division has to offer. 2.) To provide the accommodations they
need to participate as fully and independently as possible in the least restrictive environment. 3.)
To be included as a valued member of their class and benefit equally from all the physical,
cognitive and social values that the program offers.
Inclusion procedures
1. The Therapeutic Recreation Specialist (CTRS), in collaboration with other city staff, will
make every reasonable accommodation possible to include individuals with disabilities into
recreation programs and activities.
2. All special accommodation requests will be processed through the CTRS. A two -week
advance notice is requested to assure a positive experience. Requests are received by
checking the Special Needs box on the registration form; by a direct request from an
individual, parent or provider; or by the class instructor.
3. The CTRS will assess the individual's needs and abilities and then develop an
accommodation or support plan to allow the person to fully participate and equally benefit
from the class. This plan is developed with input from many resources: instructors, program
coordinators, participants, physicians or other therapists, family members etc.
4. The CTRS will work with the class instructor and program coordinator to discuss the needs
of the participant to be included, class content, curriculum, equipment, and environment to
foresee any needed accommodations and answer any questions they may have.
5. Accommodations may include sign language interpreters, modified equipment or techniques
or 1:1 support companions. The specific program area in which the participation occurs will
pay any costs associated with accommodation support.
6. Participants may provide their own support companions who will be admitted at no cost to
the activities. The CTRS will also arrange sign language interpreters, volunteers, interns,
students or City staff for support. City staff members in specific program areas who have
the interest, experience or desire, are encouraged to be trained for on -going support needs.
7. All support companions are trained for individual support by the CTRS.
8. If needed, an ARO staff member will attend the first class with the participant and
companion, then continue communication and support with all parties involved through the
duration of the program.
9. Evaluation and follow up will occur after the class has ended.
10. Questions or more information? Call Renee Lee, CTRS, at 224-6027.
ACORDrM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY)
0911612003
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Welsh Insurance • Fort Collins ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4033 Boardwalk Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 200
INSURERS AFFORDING COVERAGE
INSURED LEWIS TENNIS INC.
1205 W ELIZABETH ST. #E-PMB111
FORT COLLINS CO 80521
GUVERAGES
NAIC #
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS
OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR OD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION-1 TO mqpr TYPE OF INSURANCE
DATE fmm[pnryy% DATE IMMIDDIYYI
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
SA 000 000
A X X COMMERCIAL GENERAL LIABILITY PENDING 0911512003 09M5I2004
DAMAGE TO RENTED
000
00,000
ccurencal - _
CLAIMS MADE [i] OCCUR
MED EXP (Any one arson
$ 5 000 _
_
PERSONAL & ADV INJURY
$ 1 000 000
GENERAL AGGREGATE
s2,000,000 _
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2 00O 000
POLICY PRO 17 LOC
_
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO
(Ea accident)
$
BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
$
BODILY INJURY
HIRED AUTOS
NON -OWNED AUTOS
(Per accident)
$
PROPERTY DAMAGE
$
- —
(Per accident)
GAR AGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
—
ANY AUTO
AUTOONLY: AGO
$
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$y_
OCCUR CLAIMS MADE
_
_
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
TWCY LIMU- FP'
EMPLOYERS' LIABILITY
ANY PROPRIETOR)PARTNEWE(ECUTIVE
E.L. EACH ACCIDENT
Is
E.L. DISEASE - EA EMPLOYFF
$
OFFICER/MEMBER EXCLUDED?
N ec lbe antler antlerAL
PROVISIONE below
E.L. DISEASE - POLICY LIMIT
Is
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
TENNIS PRO SHOP
AUTO -OWNERS INSURANCE COMPANY'S ADDITIONAL INSURED ENDORSEMENT #55202 IS ATTACHED TO POLICY FOR THE CITY OF FORT COLLINS
■ w mrAuo im,ruetuuur .rnseyv.rrlran
CITY OF FORT COLLINS
215 N MASON
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS W RITTEN
FORT COLLINS, CO 80524
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
ATTN: DAVID CAREY (PURCHASING DIVISION)
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
FAX# 970.229.6707
""
ncurru zo (ZuuTruB) " ` �- —_" V AGORD GORPORATION 1988
T'd 8081900OLG OUI SIAd UUI SUI 4STOM E,80:11 60 91 day
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.
Upon 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 the cause of the objection
or to remove such individual from the performance of any services provided hereunder. 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 for which
shall be subject to prior and continuing approval of the City.
4.4 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
Rolland Moore Park.
4.5 Taxes
Concessionaire agrees to pay all lawful taxes, assessments and payments -in -lieu which, during
the term of this Agreement or any extension hereof become due or which, may become a lien or
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, 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 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 or elsewhere at Rolland Moore Park. Nothing shall prevent
Concessionaire from protesting, through due process, any taxes levied.
ARTICLE 5 - Term
5.1 Period.
The term of this agreement shall commence on September 5, 2003 and, unless terminated
sooner, expire on September 5, 2004. In addition, at the option of the City, the Agreement may
be extended for additional annual periods, not to exceed four (4) such renewal periods.
Changes in the Concession Agreement shall be negotiated by and agreed to by both parties
5.2 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 6 - Fee for Conducting Business
6.1 Concession Fee
For the privilege of conducting the concession operations hereunder, payment amounts to the
City of Fort Collins by the Concessionaire and service costs to the public are as follows.
Payment amounts to City for the following:
a. Pro Shop Concession Sales and Service proceeds
5
b. Lessons (private, semi -private and group), Clinics and Tournaments
5 %
c. Any other Concessionaire organized events and programs held on City tennis
courts or at other City facilities 5
d. Racquet Stringing Services
5
e. Ball Machine Rentals
5
f. Court Scheduling/Rental
5
g. Clinics
5
h. Tournaments
5
Cost to the Public for the following services:
a. Ball Machine Rental $_15
per hour
b. Private Lessons USPTA Professional: $_55
Non -certified instructor: $_40
pe1hour
per
c. Semi -Private Lessons USPTA Professional: $_60
Non -certified instructor: $_50
per hour
per hour
d. Group Lesson
Children depending on the group & pro to student ratio: $7.50 to $10.00 per hour
Adults depending on the group & pro to student ratio: $8.00 to $11.00 per hour
e. Racquet Stringing $24 - $26
per racquet
6.2 Time of Payment
The Concessionaire shall pay the Concession Fee to the City, on a monthly basis, in no event,
later than the twentieth day of the month for concession fees due from the previous month
6.3 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.
6.4 Method of Payment
Payment for all fees under Article 6 shall be by check or money order payable to the order of
"City of Fort Collins" and shall be mailed or personally delivered to the Recreation Administrator
of Sports, 413 S. Bryan, Fort Collins, CO 80521.
ARTICLE 7 - Services to be Provided by the City
7.1 See Exhibit A, Scope of Work
ARTICLE 8 - Acceptance and Trade Fixtures
8.1 Acceptance
Concessionaire accepts the Concession Space "as is."
8.2 Installation of Equipment and Trade Fixtures
No equipment or trade fixtures and other personal property used by Concessionaire in its
business, whether or not attached to the concession space at Rolland Moore Park or any
Improvements thereon, shall be installed without the prior written approval of the City.
8.3 Removal of Equipment, Trade Fixtures
Concessionaire shall have the right at any time during the term of this Agreement or upon
termination and within thirty (30) days thereafter, to remove all trade fixtures and equipment
subject to any valid lien the City may have thereon for unpaid rents. 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.
8.4 Applicable Law
All trade fixtures or equipment installed by Concessionaire pursuant to this Section 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 9 - Damage to Parks by Concessionaire
Concessionaire shall be liable for and shall repair or cause to be repaired within fifteen (15)
days after occurrence any damage to Rolland Moore Park, including the Concession Space,
caused by Concessionaire, its board members, officers, agents, employees or anyone acting
under its direction and control, ordinary wear and tear excepted. 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 10 - Total or Partial Destruction
10.1 Concession Space Rendered Untenantable, Except as Provided in Article 9 Above
In case, during the term of this Agreement, the Concession Space or any part thereof shall be
destroyed or shall be so damaged by fire or other casualty so as to be rendered untenantable or
unusable, then, in such event, at the option of the City or Concessionaire, the term hereby
created shall cease; and this Agreement shall become null and void from the date of such
damage or destruction; and Concessionaire shall immediately surrender the Concession Space
and its interest therein to the City; provided, however, that the City or Concessionaire shall
exercise such option to so terminate this Agreement by notice, in writing, delivered to the other
party within thirty (30) days after such damage or destruction. 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, equipment, signs and 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 and
for that purpose may use the proceeds of any insurance payable on account of such damages.
In any event, 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.
10.2 Concession Space Tenantable
If the Concession Space 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.
10.3 Exception for Damage Caused by Concessionaire
In the event of damage caused by Concessionaire as addressed in Article 9 of this Agreement,
the provisions of Article 9 shall govern in any conflict between Article 9 and Article 10.
10.4 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 concession
space at Rolland Moore Park, however the necessity may occur.
ARTICLE 11 - Indemnification and Insurance
11.1 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
by Concessionaire, its agents, employees or Concessionaires.
11.2 Indemnification
Concessionaire covenants that it will indemnify and hold the City harmless from all claims,
demands, judgments, costs and expenses, including attorneys' fees, claimed or recovered
(whether justly, unjustly, falsely, fraudulently or frivolously) by any person by reason of injury to
or death of any individual person or persons, or by reason of damage to, destruction or loss of
use of any property, including City's personnel and City's property, directly or indirectly arising
out of, resulting from or occurring in connection with any operations, works, acts or omissions of
Concessionaire. As used herein the term "Concessionaire" and "City" includes the respective
directors, officers, agents, employees and Concessionaires of Concessionaire and City.
11.3 Patent 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 anyway connected with this Agreement.
11.4 Concessionaire Insurance
Without limiting any of the Concessionaire's obligations hereunder, the Concessionaire shall
provide and maintain general liability insurance coverage naming the City as an additional
insured with limits of not less than $1,000,000.
11.5 Precautions Against Injury
The Concessionaire shall take all necessary precautions in performing the operations hereunder
to prevent injury to persons and property.
11.6 Failure to Insure
Failure of Concessionaire to take out and/or maintain, or the taking out and/or maintenance of
any required insurance shall not relieve Concessionaire from any liability under this Agreement,
nor shall the insurance requirements be construed to conflict with the obligations on
Concessionaire concerning indemnification.
ARTICLE 12 - No Interest in Real Property
Concessionaire agrees that this Agreement constitutes merely a license 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 13 - Assignment
The Concessionaire shall not assign this Agreement 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.
ARTICLE 14 - Right of City to Enter, Inspect and Make Repairs
14.1 In General
City and their authorized employees, agents, Concessionaires 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 the part of
the Concession Space for the following purposes:
14.1.1 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;
14.1.2 To perform or cause to be performed maintenance and make repairs and
replacements:
14.1.3 To make structural additions and alterations
14.1.4 For any other lawful purpose.
14.2 Obstruction by City
All entries made for the purposes enumerated above shall, except as otherwise provided in
Article 10, Total or Partial Destruction, be without abatement of rent or damage for
inconvenience. However, in the event any entry by City in the part of the Concession Space
housing the vending machines for the purpose of making repairs or alterations as provided for in
Section 14.1.2 above (other than repairs necessitated as a result of damage by Concessionaire
under Article 9), 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.
14.3 Obstruction by Concessionaire
In the event that any personal property of Concessionaire shall obstruct the access of the City,
their officers, employees, agent or Concessionaires, 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.
14.4 No Eviction or Abatement
Exercise of any or all of the foregoing rights in this Article, by the City, or others under right of
the City, shall not be, nor be construed to be, an eviction of Concessionaire, nor be made the
grounds for any abatement of rental nor any claim or demand for damages against the City,
consequential or otherwise, except claims for damages to person or property caused solely by
the negligence of the City.
ARTICLE 15 - Default, Rights of Termination
15.1 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:
15.1.1 Concessionaire's failure to pay any fee or other charge when due and within ten (10)
working days after notice from City of such nonpayment.
15.1.2 Concessionaire's failure to maintain the insurance required above.
15.1.3 Concessionaire's assignment of any right hereunder in violation of Article 13.
15.1.4 Concessionaire's failure to perform, keep or observe any of the terms, covenants or
conditions 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.
15.1.5 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.
15.1.6 The taking of possession of the Concession Space, or any portion thereof, or all or
substantially all of the assets of Concessionaire by virtue of any attachment, execution or levy of
any judicial process in any action instituted against Concessionaire in any court of competent
jurisdiction and the failure of Concessionaire to secure the release of such attachment,
execution or levy within sixty (60) days from the date of the taking of such possession.
15.1.7 The assignment by Concessionaire of its assets for the benefit of creditors.
15.2 City's Remedies on Default.
15.2.1 In the event of a default by Concessionaire, the City may terminate this Agreement by
notice in writing 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,
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.
15.2.2 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.
15.3 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 16 - Miscellaneous Provisions
16.1 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.
16.2 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.
16.3 Non -liability of Individuals