HomeMy WebLinkAbout102873 JAMES H GREER - CONTRACT - RFP - P595 COLLINDALE GOLF PRONo Text
6.6 Taxes. Contractor agrees to pay all local, state and federal social security,
unemployment insurance, sales, use, personal property 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 the Golf Course, upon any taxable interest acquired by
the Contractor in this Agreement, or any taxable possessory right which Contractor may have in or
to the Concession Space or facilities or the improvements thereon, by reason of Contractor's
occupancy or use thereof, or otherwise, as well as all taxes on taxable property, real or personal,
owned by Contractor or taxes on Contractor's operations or activities in or about the Concession
Space or elsewhere at Collindale 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
Contractor for exercising any right or privilege granted by the City to Contractor in this Agreement
with respect to the use of the Concession Space. Nothing herein shall prevent Contractor from
protesting, through due process, any taxes levied.
6.7 Licenses. Contractor agrees to obtain and pay for all licenses necessary in connection
with its operation, including without limitation a City business license and/or occupation license.
6.7.1 Any such licenses held by the Contractor in connection with this Agreement
shall be surrendered by the Contractor upon termination of this Agreement.
6.7.2 Upon Contractor's surrender of all licenses and acquisition of new licenses by
such replacement Contractor as the City may select, the City shall reimburse
Contractor 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 Contractor's
surrender to license expiration.
ARTICLE 7
Term
7.1 Period. The term of this Agreement shall commence on January 1, 2002, and, unless
terminated sooner, shall expire on December 31, 2002.
7.2 Renewal -- 2003. This Agreement shall be automatically renewed for a period from
January 1, 2003, until December 31, 2003, unless the Contractor 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, 2002.
7.3 Renewal -- 2004. This Agreement shall be automatically renewed for a period from
January 1, 2004, until December 31, 2004, unless the Contractor 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, 2003.
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7.4 Renewal--2005 *
enewal--2005. This Agreement shall be automatically renewed for a period from
January 1, 2005, until December 31, 2005, unless the Contractor 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, 2004.
7.5 Renewal -- 2006. This Agreement shall be automatically renewed for a period from
January 1, 2006, until December 31, 2006, unless the Contractor 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, 2005.
7.6 Holding Over. In the event that the Contractor, 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 8
Fee For Services/Fee For Conducting Business
8.1 Golf Services Receipts. Contractor shall retain all fees received from the provision
of golf lessons and instruction.
8.2 Golf Services Fee. As payment for performance of Golf Services, the City shall pay
to Contractor the sum of Thirty Three Thousand Dollars ($33,000) for 2002; Thirty Four Thousand
Dollars ($34,000) for 2003; Thirty Five Thousand Dollars ($35,000) for 2004; Thirty Six Thousand
Dollars ($36,000) for 2005; and Thirty Seven Thousand Dollars ($37,000) for 2006.
8.3 Concession Fee. The parties acknowledge and agree that the Golf Services Fee is a
net payment to be made by the City to the Contractor, and reflects a reduction in payment by the
City in lieu of payment by the Contractor of a Concession Fee of Twenty Five Thousand Dollars
($25,000) in 2002; Twenty Six Thousand Dollars ($26,000) in 2003; Twenty Seven Thousand
Dollars ($27,000) in 2004; Twenty Eight Thousand Dollars ($28,000) in 2005; and Twenty Nine
Thousand Dollars ($29,000) in 2006; provided, however, that the Concession Fee may be
renegotiated annually if Contractor's costs increase beyond what is presently contemplated due to
the potential additional unexpected burdens caused by the construction/operation of a new
Clubhouse Building at the Golf Course.
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8.4 Time of Payments. The City shall pay to Contractor the Golf Services Fee, required
under Section 8.2, in one annual payment no later than January 20 of each calendar year of this
Agreement; provided, however, that the parties may agree to an alternate payment schedule.
ARTICLE 9
Utilities, Maintenance and Janitorial Duties
9.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash
collection, recycling, telephone and electric services to the Concession Space; except, however, that
the Contractor shall reimburse the City on a monthly basis for all long distance and two-thirds (2/3)
of all local telephone charges accruing as a result of calls attributable to the telephone lines located
in the Concession Space or otherwise made by Contractor, its agents and employees.
9.2 Maintenance and Repair. The City shall maintain and repair the Concession Space
and City equipment and fixtures (defined in Article 10). Contractor shall submit all requests for
repairs or maintenance to the City Representative. Notwithstanding anything to the contrary
contained herein, the City shall not in any way be liable to the Contractor for failure to make repairs
as herein specifically required of it unless the Contractor 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 Contractor's written notification.
9.2.1 The Contractor 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.
9.3 Cleanine and Janitorial. The Contractor 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, State of
Colorado. The Contractor shall also be responsible for the daily cleaning of all outside entrances to
the Concession Space, the daily cleaning of the golf cart staging and cart storage areas, as well as the
day -use locker areas and showers and the long-term locker hallway.
ARTICLE 10
Acceptance and Trade Fixtures
10.1 Concession Space City Equipment and Fixtures. In addition to the Concession
Space, the City shall provide the following:
10.1.1 Existing equipment as listed on Exhibit F, attached hereto and made apart
hereof,
10.1.2 Lighting fixtures for general area illumination;
10.1.3 Heat and air conditioning;
10.1.4 Pro Shop Carpeting;
10.1.5 Pro shop counters, storage units and safe; and
10.1.6 One cash register for use by Contractor in connection with performance of services
and sales under this Agreement.
10.2 Acceptance. On the date of commencement of this Agreement, Contractor shall
acknowledge that it accepts the Concession Space as well as any City equipment and fixtures "as is."
10.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit
G, attached hereto and made a part hereof, no equipment, trade fixtures, signs or other personal
property used by Contractor in its. business, whether or not attached to the Concession Space or any
Improvements thereon, may be installed without the prior written approval of the City.
10.4 Removal of Equipment Trade Fixtures. Contractor shall have the right at any time
during the term of this Agreement, with the City's approval, or upon expiration and within thirty
(30) days thereafter, to remove all trade fixtures, equipment and other personal property subject to
any valid lien the City may have thereon. Any property not so removed by Contractor upon
expiration shall become a part of the realty on which it is located and title thereto shall vest in the
City. The City shall have the right to file any liens necessary to secure its interest in the merchandise
and equipment present in the Concession Space during the term of the Agreement.
10.5 Tide to Improvements. Upon installation or erection of improvements by Contractor
such improvements (but excluding any of Contractor'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.
10.6 Applicable Law. All Improvements and all trade fixtures, equipment or other
personal property installed by Contractor shall be subject to and conform in all respects to the
applicable statutes, ordinances, building codes, sign codes, rules and regulations of all governmental
agencies which have jurisdiction over such matters.
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ARTICLE 11
Damage by Contractor
Contractor 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 Concession Space, or to City's property,
equipment and fixtures (defined in Article 10) caused by Contractor, 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 Contractor is liable is to the Concession Space,
Contractor shall continue to be liable for all rent owed for the Concession Space, even if it has been
rendered untenantable.
ARTICLE 12
Total or Partial Destruction
12.1 Concession Space or Other Major Component Rendered Untenantable. In case, during
the term of this Agreement, the Concession Space, Golf Course or any principal part of any one of
them shall be destroyed or shall be so damaged by fire or other casualty so as to be rendered
untenantable or unusable as determined by the City:
12.1.1 Then, in such event, at the option of the City or Contractor, the term hereby
created shall cease; and this Agreement shall become null and void from the date of
such damage or destruction; and Contractor shall immediately surrender the
Concession Space and its interest therein to the City; provided, however, that the
City or Contractor 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.
12.1.2 In the event neither the City nor Contractor 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 Contractor,
with all reasonable speed, placing the same in as good a condition as it was at the
time of the damage or destruction.
12.2 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 Contractor's use. During any period of use by Contractor of such substitute
Concession Space, the City may agree that the Contractor's Fee shall be abated proportionately.
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12.3 Components Tenantable. If the 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.
12.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Contractor 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.
12.5 Exception for Damaee Caused by Contractor. In the event of damage caused by
Contractor as more specifically addressed in Article 11 of this Agreement, the provisions of Article
11 shall govern in any conflict between Article 11 and Article 12.
12.6 No Claim by Contractor. No compensation or claim shall be made by or allowed to
Contractor by reason of any inconvenience or annoyance arising from the necessity of repairing any
portion of the Concession Space or Collindale Golf Course, however the necessity may occur.
ARTICLE 13
Indemnification and Insurance
13.1 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 Collindale Golf Course and Concession Space by Contractor, its agents, employees or
contractors unless caused or contributed to by the negligence or willful misconduct of the City, its
employees, agents or contractors.
13.2 Indemnification. Contractor 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
Contractor. As used herein, the term "Contractor" and "City" includes the respective directors,
officers, agents, employees and contractors of Contractor and City.
13.3 Patent Representation. Contractor 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.
13.4 Contractor Insurance. Without limiting any of the Contractor's obligations hereunder,
the Contractor shall provide and maintain insurance coverage naming the City as an additional
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insured under this Agreement with limits specified in Exhibit H, which is attached hereto and
incorporated herein by this reference.
13.5 Precautions Against Injury. The Contractor shall take all necessary precautions in
performing the operations hereunder to prevent injury to persons and property.
13.6 Failure to Insure. Failure of Contractor to take out and/or maintain, or the taking out
and/or maintenance of any required insurance shall not relieve Contractor from any liability under
this Agreement, nor shall the insurance requirements be construed to conflict with the obligations
on Contractor concerning indemnification.
ARTICLE 14
No Interest in Real Property
Contractor 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 Contractor any interest in
real property.
ARTICLE 15
Assignment
The Contractor 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 Contractor's interest created hereby, other than by merger
or consolidation unless approved by City.
ARTICLE 16
Right of City to Enter, Inspect and Make Repairs
16.1 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 Contractor's operation as is reasonably practicable) to enter upon any
part of the Concession Space for the following purposes:
16.1.1 To inspect such premises at reasonable intervals during regular business hours
(or at any time in case of emergency) to determine whether Contractor has complied
with and is complying with the terms and conditions of this Agreement with respect
to such premises;
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16.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
16.1.3 To make structural additions and alterations.
16.2 Obstruction by City. All entries made for the purposes enumerated above shall, except
as otherwise provided in Article 12, Total or Partial Destruction, be without abatement of rent or
damage for inconvenience. However, in the event any entry by City in the Concession Space or the
Golf Course for the purpose of making repairs or alterations as provided for in Section 16.1.2 above
(other than repairs necessitated as a result of damage by Contractor under Article 11) constitutes
a substantial obstruction to and impairment of Contractor's right of use of such facilities, then
Contractor 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.
16.3 Obstruction by Contractor. In the event that any personal property of Contractor 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, Contractor 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 Contractor 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.
16.4 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
Contractor, 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 17
Default, Rights of Termination
17.1 Default by Contractor. Time is of the essence in the performance of services and
payment of any amounts due under this Agreement. Contractor shall be in default under this
Agreement upon the occurrence of any one or more of the following events:
17.1.1 Contractor's failure to pay any fee or other charge when due and within five
(5) workings days after notice from City of such nonpayment.
17.1.2 Contractor's failure to maintain the insurance required in Section 13.4.
17.1.3 Contractor's assignment of any right hereunder in violation of Article 15.
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17.1.4 Contractor'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 [71 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.
17.1.5 The filing by Contractor of a voluntary petition in bankruptcy, the filing of
an involuntary petition in bankruptcy against Contractor, the taking of possession of
all or substantially all of Contractor'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 Contractor's assets and the failure of Contractor to secure
the return of such assets and/or the dismissal of such proceeding within thirty (30)
days after the filing.
17.1.6 The abandonment for a period of (7) days by Contractor of the conduct of its
services and operations.
17.1.7 The assignment by Contractor of its assets for the benefit of creditors
17.1.8 The death of the Contractor, or Contractor's disability for an aggregate period of
three (3) months during any term of this Agreement.
17.1.9 After written notice to the Contractor of any violation of the personal conduct
standards set forth in Section 6 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 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 Contractor'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.
17.2 City's Remedies on Default.
17.2.1 In the event of a default by Contractor, the City may terminate this Agreement
effective immediately upon provision of written notice of such termination to Contractor.
In the alternative, the City may elect to keep the Agreement in force and work with
Contractor to cure the default. If this Agreement is terminated, Contractor shall refund to
the City that portion of the Golf Services Fee paid by the City pursuant to Section 8.2
proportional to the time remaining in the calendar year at the time of Contractor's default,
and the City shall have the right to take possession of any and all equipment located in the
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Concession Space at the time of default. Contractor'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.
17.2.2 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 useor purpose.
17.3 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 18
Miscellaneous Provisions
18.1 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 Contractor, 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.
18.2 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.
18.3 Non -liability of Individuals Other than Contractor. With the exception of Contractor,
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.
18.4 Limitations on Use. Contractor 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 Contractor permit nor suffer any disorderly noise or nuisance whatsoever about the
Concession Space or Collindale Golf Course.
18.5 Goveming Law. This Agreement shall be performable and enforceable in Latimer
County, Colorado, and shall be construed in accordance with the laws of the State of Colorado.
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TABLE OF CONTENTS
ARTICLE1 Golf Services....:..........................................................:.............................................I
ARTICLE 2 Grants of Concessions.............................................................................................. I
ARTICLE3 Concession Space.....................................................................................................1
ARTICLE4 Contractor's Use of the Concession Space...............................................................2
4.1 In General .................... --------------
4.2 Designation of Smoking Areas.................................................................................2
4.3 Restriction on Items Offered for Sale.......................................................................2
4.4 Compliance with Applicable Law............................................................................2
ARTICLE 5 Rights of Ingress and Egress.....................................................................................2
5.1 In General................................................................................................................2
5.2 Closures....................................................................................................................2
ARTICLE 6 Undertakings of Contractor.....................................................................................2
6.1 Service......................................................................................................................2
6.2 Hours of Operation..................................................................................................3
6.3 Contractor Personnel...............................................................................................3
6.4 Statements, Recordkeeping and Audits...................................................................5
6.5 Physical Interference................................................................................................5
6.6 Taxes........................................................................................................................6
6.7 Licenses....................................................................................................................6
ARTICLE7 Term.........................................................................................................................6
7.1
Period.......................................................................................................................6
7.2
Renewal
-- 2003
7.3
Renewal
-- 2004
.......................................................................................................6
7.4
Renewal
- 2005
.......................................................:...............................................6
7.5
Renewal
- 2006
............................................ 7
7.6
Holding Over
...........................:...........................................................................7
...........................................................................................................7
ARTICLE 8 Fee For Services/Fee For Conducting Business........................................................7
8.1 Golf Services Receipts..............................................................................................7
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18.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Contractor, their successors and assigns, and is not made for the benefit of any third party.
18.7 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.
18.8 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.
18.9 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.
18.10 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.
18.11 Contract Documents, Entire Agreement. This writing, together with the exhibits
hereto, the Request for Proposal(#P-595)/Instructions/Specifications package, representations by
the Contractor during the Selection Interview and Extension Negotiation Process, and Contractor's
Proposals (including Annual Payment Schedule Statement) constitutes the entire agreement
between the parties, their officers, employees, agents and assigns and supersedes all prior agreements,
understandings, warranties or promises between the parties hereto, whether written, spoken or
implied from the conduct of the parties hereto.
18.12 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 Contractor in his or its respective rights and
obligations under the valid covenants, conditions or provisions of this Agreement.
18.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier
termination as herein provided, Contractor shall remove all of its property from Collindale Golf
Course and surrender entire possession of its rights at Collindale Golf Course to City and its
improvements in accordance with Section 11 above, unless this Agreement is renewed or replaced.
18.14 City Representative. The City designates the Manager of the Golf Division, of
Cultural, Library, and Recreational Services, as its representative who shall make, within the scope
of his/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.
18.15 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 Contractor: James H. Greer
5802 Highland Hills Circle
Fort Collins, Colorado 80528
To the City: Manager
Golf Division
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522-0580
18.16 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 this reference incorporated in this Agreement.
18.17 Force Majeure. However, neither the City nor the Contractor 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.
18.18 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.
18.19 No Relationship. Nothing contained herein shall be deemed or construed by the
parties hereto nor by any third party as creating the relationship of employer and employee, principal
and agent or a partnership or a joint venture between the parries hereto. It is agreed that in the
performance of the golf services and concession operation hereunder, the Contractor is an
independent contractor responsible to the City only as to the results to be obtained and to the extent
that the services and operation shall be done in accordance with the terms of this Agreement.
18.20 Personal Services. It is understood that the City enters into the Agreement based
on the special abilities of the Contractor and that this Agreement shall be considered as an
agreement for his personal services. Accordingly, the Contractor shall neither assign any
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responsibilities nor delegate any duties under this Agreement to any other person without the prior
written consent of the City.
18.21 Survival. To the extent necessary to carry out all of the terms and provisions hereof,
the said terms, obligations and rights set forth herein required shall survive and shall not be affected
by the expiration or termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year written above.
ATTEST:
APPROVED AS TO FORM:
AV
Ingri Decker
Assistant City Attorney
THE CITY OF FORT COLLINS, COLORADO
Brivfutlicipal Corporation
O'NeilI, II, CPPO
of Purchasing and
•r mtill �' • �'`�s
i�
IM
SCOPE OF GOLF SERVICES
A. Contractor In General
1. Management and supervision of the golf course operations at the Collindale Golf
Course, including but not limited to, the general management of play on the course and driving
range, course monitoring (ranger/marshall functions), preparation and rental of City -provided golf
carts, day -use and longer term locker/storage rentals, golf lessons/instruction, golf club repair,
tournament coordination, and the overall use and management of the clubhouse (excepting the
Restaurant/Snack Bar concession), including without limitation the daily cleaning of the outside
entrance areas, and the day -use locker areas and showers and the long-term locker hallway.
2. Timely collection of green fees, annual pass fees, locker and rental fees, tournament
fees, golf cart rental or use fees, surcharges, City building rentals, and other such fees in the amounts
set by the City.
3. Cleaning and daily preparation for use by customers of City -provided golf carts,
including without limitation the daily cleaning of the golf cart staging and cart storage areas.
4. Provision of starters, assistant golf professionals, course monitors (marshals/rangers),
cashiers, and other personnel as necessary to facilitate full and efficient use of the course and other
activities at the Collindale Golf Course.
B. Golf Professional
1. The Contractor shall devote his full time and attention as the primary golf
professional for the Collindale Golf Course during the entire calendar year. Upon submitting a
request at least three (3) days in advance and receiving the City's consent, he may take up to a total
of fourteen (14) vacation days annually, and may be away from the golf course for the purpose of
participating in tournament play or other golf -related activities, i.e. schools, seminars and
demonstrations, to maintain and/or improve professional status for up to a total of sixteen (16) days
annually.
2. The Contractor shall serve as the primary monitor (marshall/ranger) at the Collindale
Golf Course.
SCOPE OF PRO SHOP AND DRIVING RANGE SERVICES
I. Pro Shop and Driving Runge.
A. The Contractor shall operate a golf pro shop in the clubhouse which shall stock a
variety of golfing equipment (for sale and rent), supplies and related merchandise in sufficient
quantity to meet the demands of customers of the golf course.
B. The Contractor shall provide all fixtures, merchandise, stock, supplies and inventory
for the shop.
C. The Contractor shall operate the existing driving range, such operation to include
making equipment and range balls available for use.
D. The Contractor may retrieve and own any abandoned golf balls in the lakes or ditches
at Collindale Golf Course.
II. Merchandise Quality, Price Control. Contractor acknowledges the desire and obligation of
City to provide the public and the golfer high quality merchandise and a high level of public service.
Therefore, Contractor agrees to offer for sale from the clubhouse only high quality merchandise at
prices not to exceed the prices customarily charged for similar merchandise in high quality Fort
Collins area operations. If, in the opinion of the City, the selection of items offered is inadequate,
if the merchandise is not of high quality, if any of the prices, charges and rates are excessive, or if
any of the items are found to be objectionable for display and/or sale in a public facility, a'
representative of the City shall meet and confer with Contractor regarding such matters, but
Contractor acknowledges that the City's determination as to same shall be conclusive. Failure of
Contractor 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. Contractor shall not offer for sale gift certificates,
vouchers, punch cards, or other similar services, except to the extent the same are restricted and
limited in duration to the term of the Agreement.
III. Fees. All fees and other income received through the operation of the pro shop, the sale of
merchandise, locker/storage rentals, golf lessons/instructions, tournament service fees, golf club
repair, the rental of equipment owned by the Contractor, and the use of the driving range shall be
retained by Contractor.
IV. Use of the Clubhouse. The Contractor shall use any and all parts of the clubhouse (except
the restaurant/snack bar area) and the old golf cart storage building, hereinafter collectively referred
to as "clubhouse," for the purpose of operating the concessions and for other incidental purposes
only. The clubhouse shall not be used for any other purpose without the prior written consent of
City.
V. Maintenance and Repairs.
A. The City shall be responsible to maintain and repair the interior and exterior of the
clubhouse. The City shall not in any way be liable to the Contractor for failure to make repairs
unless the Contractor 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 notification.
B. The Contractor shall be liable for and shall reimburse the City for the cost of any
repairs or damage caused by any act or negligence of the Contractor or its agents or employees.
C. The Contractor shall secure the retail pro shop area and shall provide janitorial
services to that area, keeping it clean and in good sanitary condition as required by the ordinances,
regulations and statutes of the City of Fort Collins, County of Larimer and State of Colorado.
D. The Contractor shall neither hold nor attempt to hold the City liable for any injury or
damage, either proximate or remote, occasioned through or caused by defective electrical wiring or
the breaking or stoppage of plumbing or sewage in or upon the clubhouse, whether said breakage
or stoppage results from freezing or otherwise.
E. The Contractor shall not permit nor suffer the clubhouse or the walls thereof to be
endangered by over loadings nor permit it to be used for any purpose which would render the
insurance thereon void or insurance risks more hazardous without prior written consent of the City,
which consent may be conditioned upon the Contractor obtaining additional specific insurance
coverage for such more hazardous risks.
VI. Alterations and Improvements.
A. All alterations, additions, improvements or changes to the clubhouse by the
Contractor subsequent to the commencement of the term shall be subject to the prior written
approval of the City.
B. The City reserves the right, from time to time (without invalidating or modifying this
Agreement), to make alterations, changes and additions to the land and improvements of which the
clubhouse forms a part.
C. The Contractor hereby indemnifies and agrees to hold the City harmless from all
liens, claims or charges on account of any alterations, additions, improvements or changes to the
clubhouse by Contractor.
D. At the end of the term of this Agreement, all fixtures, equipment, additions and
alterations, except trade fixtures installed by the Contractor, shall be and remain the property of the
City. Provided, however, the City shall have the option to require the Contractor to remove any or
all such fixtures, equipment, additions and alterations and restore the clubhouse to the condition that
existed immediately prior to such change and installation, normal wear and tear excepted, all at the
Contractor's cost and expense. All such work shall be done in a good and workmanlike manner and
shall consist of new materials unless otherwise agreed to by the City.
VII. Utilities. The City shall pay all charges for water, sewer, gas, trash collection, recycling
security alarm system, telephone and electric services to the clubhouse; except, however, that the
Contractor shall reimburse the City on a monthly basis for all long distance and two-thirds of local
telephone charges accruing as a result of calls by Contractor, its agents and employees.
VM. Credit Card Billing System. The City and the bank handling the City's banking services will
allow the Contractor to use the City's credit card billing system for the collection of all City fees and
charges, as well as for specified Golf Professional fees, with the Contractor paying for their share
of said service, and at the rate established by the City and/or the City's bank.
EXHIBIT C
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 screeninglinvestigation. 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 screeninglinvestigation, 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.
page 1 of 2
The Contractor shall make job assignments and responsibility assignments based upon and in
consideration of the background screening/investigation, and shall not permit any person to perform
any position for which such person's character or suitability are reasonably in question based upon
the information obtained in connection with a background screening/investigation. The City may, in
its discretion, object to any assignments of Contractor Personnel to positions of trust, as based upon
the background screeninglinvestigation. 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 Screeninganvestigation 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
screeninglinvestigation 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 screeninglinvestigation 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.
JPB 03.22.01
page 2 of 2
EXHIBIT D
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
(Please Print) First
Middle
Signature: Date of Birth:
Applicant's Address:
City/State/Zip:
Last
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:
page 1 of 1
8.2 Golf Services Fee...................:..................................................................................7
8.3 Concession Fee........................................:................................................................7
8.4 Time of Payment......................................................................................................8
ARTICLE 9 Utilities, Maintenance and janitorial Duties...........................................................8
9.1 Utilities ................................. -
9.2 Maintenance and Repair..........................................................................................8
9.3 Cleaning and Janitorial............................................................................................8
ARTICLE 10 Acceptance and Trade Fixtures...............................................................................8
10.1 Concession Space, City Equipment and Fixtures.....................................................8
10.2 Acceptance..............................................................................................................9
10.3 Installation of Equipment and Trade Fixtures.........................................................9
10.4 Removal of Equipment, Trade Fixtures...................................................................9
10.5 Title to Improvements..............................................................................................9
10.6 Applicable Law.........................................................................................................9
ARTICLE11 Damage by Contractor...........................................................................................10
ARTICLE 12 Total or Partial Destruction...................................................................................10
12.1 Concession Space or Other Major Component
RenderedUntenantable.............................................................................10
12.2 Concession Space Only Untenantable......................................................................10
12.3 Components Tenantable................................................................................:..........11
12.4 Removal of Rubbish..................................................................................................11
12.5 Exception for Damage Caused by Contractor...........................................................11
12.6 No Claim by Contractor......................................................................I.....................11
ARTICLE 13 Indemnification and Insurance..............................................................................11
13.1 City's Liability .............................................................. ..........11
....................................
13.2 Indemnification.........................................................................................................11
13.3 Patent Representation...............................................................................................11
13.4 Contractor Insurance................................................................................................11
13.5 Precautions Against Injury ........................................................................................12
13.6 Failure to Insure........................................................................................................12
ARTICLE 14 No Interest in Real Property ..................................................................................12
ARTICLE15 Assignment.............................................................................................................12
ii
EXHIBIT E
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 CRAs 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. §§1681-1681u. 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 CRAs — 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 chance.
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
page 1 of 2
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 CPA 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 PLEASE CONTACT
CRAB, creditors and others not listed below
Federal Trade Commission
Consumer Response Center FCRA
Washington, DC 20580 * 202-326-3761
National banks, federal branches/aaencies of foreign
Office of the Comptroller of the Currency
banks (word "National" or initials "N.A." appear in or
Compliance Management, Mail Stop 6-6
after bank's name)
Washington, DC 20219 * 800-613-6743
Federal Reserve System member banks (except national Federal Reserve Board
banks, and federal branches/agencies of foreign banks)
Division of Consumer & Community Affairs
Washington, DC 20551 * 202-452-3693
Savings associations and federally chartered savings
Office of Thrift Supervision
banks (word "Federal" or initials "F.S.B." appear in
Consumer Programs
federal institution's name)
Washington D.C. 20552* 800- 842-6929
Federal credit unions (words "Federal Credit Union"
National Credit Union Administration
appear in institution's name)
1775 Duke Street
Alexandria, VA 22314 * 703-518-6360
State -chartered banks that are not members of the
Federal Deposit Insurance Corporation
Federal Reserve System
Division of Compliance & Consumer Affairs
Washington, DC 20429 * 800-934-FDIC
Air, surface, or rail common carriers regulated by
Department of Transportation
former Civil Aeronautics Board or Interstate Commerce
Office of Financial Management
Commission
Washington, DC 20590 * 202-366-1306
Activities subject to the Packers and Stockyards Act,
Department of agriculture
1921
Office of Deputy Administrator-GIPSA
Washington, DC _0250 * 202-720-7051
page 2 of 2
EXHIBIT F
CITY -OWNED IlWENTORY
Cash Register
Television Sets (2)
All tables, chairs, lamps and pictures in the clubroom
Counters
Public Address System
Security System
CONTRACTOR -PROVIDED PERSONAL PROPERTY
Computer and monitor and printer
Sony 25" color television
Sony 12" color television
File cabinet, cream, 53" high
File cabinet, black, 29" high
All hand tools in work room
Drill press
Sanyo refrigerator
Sharp microwave
Ladder
Locker -type office cabinet
Credit card machine
Brother Intellifax 620 machine
3 grinding wheels
Lie and loft machine
Office desk and chair
Pro Shop fixtures including glass shelves
All club repair tools
Philips receiver and 2 speakers
Tecnics cassette player
Three 3x4 bulletin boards
TV and VCR cabinet
Book shelves
Sony radio
Realistic SW-100 radio
2 awnings on southside of building
3 sharp calculators
Sony cordless phone
Panasonic two-line phone
Jeep and ball picker
Hollrock ball washer
Scrub tub ball washer
Twister ball washer
Easypicker three -gang range ball picker
1985 Club Car cart
Patu r .
INSURANCE LBETS
1. $500,000 -- Commercial General Liability with Combined Single Limit
2. Statutory— Workers' Compensation Coverage A
3. $100,000/$100,000/$500,000 -- Workers' Compensation Coverage B
ARTICLE 16 Right of City to Enter, Inspect and Make Repairs.................................................12
16.1 In General.................................................................................................................12
16.2 Obstruction by City ...................................................................................................13
16.3 Obstruction by Contractor.........................................................................................13
16.4 No Eviction or Abatement........................................................................................13
ARTICLE 17 Default, Rights of Termination..............................................................................13
17.1 Default by Contractor...............................................................................................13
17.2 Cities Remedies on Default........................................................................................14
17.3 Rights and Remedies Reserved.................................................................................15
ARTICLE 18 Miscellaneous Provisions........................................................................................15
18.1 Cumulative Rights.........................................................................I............................15
18.2 Non-Waiver..............................................................................................................15
18.3 Non -liability of Individuals Other than Contractor
..................................................15
18.4 Limitations on Use
....................................................................................................15
18.5 Governing Law
..........................................................................................................15
18.6 Benefits......................................................................................................................16
18.7 Construction.............................................................................................................16
18.8 Successors and Assigns
.........................6............................................... ..........6..........16
18.9 Headings....................................................................................................................16
18.10 Attorney Fees...........................................................................................................16
18.11 Contract Documents, Entire Agreement.................................................................16
18.12 Severability .........................................................................................6.....................16
18.13 Surrender Possession
of ............................................................................................16
18.14 City Representative..................................................................................................16
18.15 Notices.....................................................................................................................17
18.16 Schedules and Exhibits............................................................................................17
18.17 Force Majeure..........................................................................................................17
18.18 No Limitation on General Powers............................................................................17
18.19 No Relationship.......................................................................................................17
18.20 Personal Services
......................................................................................................17
18.21 Survival
....................................................................................................................18
iii
COLLINDALE GOLF COURSE
GOLF SERVICES AGREEMENT
This Golf Services Agreement, hereinafter called the "Agreement," is made and entered into
as of the 14th day of December, 2001, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter called "City," and JAMES H. GREER,
hereinafter called "Contractor", regarding certain services to be provided at the Collindale Golf
Course, 1441 East Horsetooth Road, Fort Collins, Colorado, 80525 (the "Golf Course").
WITNESSETH:
ARTICLE 1
Golf Services
Contractor agrees to provide golf services in accordance with the Scope of Golf Services
description, consisting of 1 page, attached hereto as Exhibit "A" and incorporated herein by this
reference ("Golf Services"), such services to be provided primarily by the Contractor.
ARTICLE 2
Grants of Concessions
The City grants and Contractor accepts the responsibility of operating a Golf Pro Shop and
Driving Range Concession in accordance with the Scope of Pro Shop and Driving Range Services
description, consisting of 3 pages, attached hereto as Exhibit "B" and incorporated herein by this
reference ("Pro Shop and Driving Range Services").
ARTICLE 3
Concession Space
For the purposes of this Agreement, the "Concession Space" shall mean any and all parts of
the pro shop (both temporary and permanent) and clubhouse building (except the restaurant/snack
bar concession area) at the Golf Course.
1
ARTICLE 4
Contractor's Use of the Concession Space
4.1 In General. Subject to other limitations expressed in this Agreement, the City grants
to Contractor the right to exclusive use of the Concession Space and the right to use in common
with others the public areas of the Golf Course, in conjunction with its operations under this
Agreement, in such spaces and manner as may be prescribed by the City.
4.2 Designation of Smoking Areas. The City shall designate smoking and non-smoking
areas of the Concession Space in compliance with the applicable Fort Collins City ordinance.
4.3 Restriction on Items Offered for Sale. In no event shall Contractor offer for sale or
otherwise supply smoking instruments or tobacco at the Golf Course.
4.4 Compliance with Applicable Law. The Contractor agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as all rules and
regulations adopted by the City or any of its Boards, Service Areas, Divisions or Departments having
jurisdiction over the Golf Course.
ARTICLE 5
Rights of Ingress and Egress
5.1 In General. The Contractor shall have the right of ingress and egress to and from the
Concession Space for Contractor's employees, agents and invitees to the extent reasonably necessary
in connection with the conduct of Contractor's business under this Agreement. Areas designated
as restricted areas by the City shall be excluded.
5.2 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 Golf Course, presently
or hereafter used as such, so long as reasonable and safe means of ingress and egress remains available
to Contractor.
ARTICLE 6
Undertakings of Contractor
6.1 Service. Contractor agrees:
6.1.1 The Contractor shall furnish and pay for all equipment, except as otherwise
provided by the City pursuant to Article 10, all goods, labor, transportation,
supervision and services necessary to provide services in accordance with this
Agreement.
6.1.2 Contractor acknowledges the desire and obligation of the City to provide a
high level of service to the public. Therefore, Contractor agrees to offer for sale from
the Concession Space only high quality merchandise and products. If, in the opinion
of the City, the selection of items offered is inadequate or not of high quality or if any
of the items are found to be objectionable for display and/or sale in a public facility,
the items shall be removed or replaced as required by the City. The City
Representative shall meet and confer with Contractor regarding such matters.
However, Contractor acknowledges that the City's determination as to the same shall
be conclusive. Failure of Contractor to correct, rectify or modify its quality within
five (5) days of being advised in writing to do so shall be cause for default.
6.1.3 Contractor warrants that all Golf Services and related responsibilities performed under
this Agreement shall be performed with the highest degree of competence and care and in
accordance with the highest modem professional golfing standards in leading golf clubs and
golf courses.
6.2 Hours of Operation. Subject to the exception for inclement weather expressed below,
the Contractor will be required to provide services under this Agreement as follows:
A. During the months of April, May, June, July, August and September,
from at least 6:00 A.M. through sundown (or later if golfers remain on the course);
B. During the months of October, November, December, January,
February and March, from at least 8:00 A.M. to sundown (or later if golfers remain
on the course);
C. Exceptions to the daily schedule may be made, subject to the consent
of the City, if closing is dictated by weather and/or course play.
6.3 Contractor Personnel. Contractor shall control the conduct and demeanor of its
agents and employees. If the City so requests, Contractor 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.
6.3.1 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 this Agreement. The Contractor
and the City acknowledge and agree that certain services provided by Contractor will require
that employees, volunteers, and other representatives or agents of Contractor act in positions
of trust which will entail the handling of and accounting for funds of the City and the City
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property, or direct contact with youth and members of the general public. Accordingly,
Contractor agrees that all employees, volunteers, and other representatives or agents of the
Contractor in positions of trust, as described in Exhibit "C", consisting of two (2) pages
attached hereto, and incorporated herein by this reference, shall be screened using the
background screening procedure described in Exhibit "C", 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 Contractor shall require the completion and
execution of the Disclosure/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 a Summary of Rights under the Fair Credit Reporting Act
included as part of Exhibit "E", as attached hereto, which consists of two (2) pages and is
incorporated herein by this reference.
6.3.2 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. Contractor acknowledges that in such event, by providing such
assistance to Contractor, 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 Contractor shall hold the City harmless for any injury or loss
resulting therefrom.
6.3.3 In the event that a background check, or any other information available to the
Contractor or the City, raises questions about the trustworthiness, fitness for provision of
services under this Agreement, competency or suitability of any individual for a position of
trust of any kind, including handling of City 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 connectionmith 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.
6.3.4 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, volunteer, and other. representative or
agent of Contractor, the Contractor 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.
6.3.5 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 riot listed in this Section may be determined by the City to be reasonably
expected to impair Contractor's ability to provide satisfactory services under this Agreement,
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and may also give rise to a reasonable objection by the City to which Contractor shall be
expected to respond as set forth herein. In the event the Contractor, or the individual Golf
Professional, if different from Contractor, 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 Contractor hereunder, the City may give
Contractor notice of violation and proceed in the manner as set forth in Section 17.1.9.
A. Commission or conviction of a felony, or of any crime involving moral turpitude;
B. Theft or misuse of City money or property;
C. Harassment of, or discrimination against, any individual based on race, religion,
national origin, age, sex, sexual orientation, or disability;
D. Falsification, unauthorized use or destruction of City records, reports or other
data or information belonging to the City;
E. Abusive or threatening treatment of any person, including, but not limited to
physical or verbal confrontation;
F. Using, consuming, possessing, having in the body, or distributing alcohol (except
in the normal performance of golf 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.
6.4 Statements. Recordkeepine and Audits. Contractor shall keep books and records of
the business, including an accounting of all revenue and expenses of the concession operation, in
accordance with good and acceptable accounting practice and in such form as is satisfactory to the
City. The Contractor hereby grants to the City the right to audit Contractor's books and records for
its operation at the 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 the Golf Course, at the City's election, all records, books and
relevant related information as may be required for audit purposes.
6.5 Physical Interference. Contractor 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 Concession Area or elsewhere at the Golf Course.
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