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HomeMy WebLinkAboutRFP - P595 COLLINDALE GOLF PRO (3)City of Fort Collins Administrative Services Purchasing Division REQUEST FOR PROPOSAL CITY OF FORT COLLINS CONTRACT FOR GOLF PROFESSIONAL SERVICES COLLINDALE GOLF COURSE PROPOSAL NO. P-595 The City of Fort Collins is hereby requesting proposals for a contractual golf professional to manage and supervise the golf operations and pro shop functions at Collindale Golf Course, 1441 East Horsetooth Road, Fort Collins, CO 80525, for the year 1997 with annual renewal options for the years 1998 through 2001; with possible extensions of the original five-year term if performance is satisfactory and subject to City Council approval. Sealed proposals (7 copies) will be received at the office of the Director of Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, CO 80521, until 2:00 p.m. (our clock) Wednesday, October 30, 1996. Proposal No. P-595 Completion of our written proposal questionnaire and annual payment schedule statement to/from the City shall accompany any proposal to be considered properly executed. There will be a pre -proposal meeting on Monday, October 21, 1996, at 2:00 p.m. at the Collindale Golf Course Clubhouse, 1441 East Horsetooth Road, Fort Collins, CO 80525 to inspect the premises and answer any questions which may arise. Top applicants may be interviewed by the RFP review committee. The City of Fort Collins reserves the right to accept or reject any and all proposals and to waive any irregularities or informalities. Questions concerning the scope of the contract should be directed to the Manager of the Golf Division Jerry P. Brown, (970) 221-6350. Questions regarding proposals submittal or process should be directed to James B. ONeill II, CPPO, Director of Purchasing and Risk Manage (970) 221-6775. am s B. O'Neill, 11, CPPO Dir ctor of Purchasing and Risk Management 256 W. Mountain Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 City of Fort Collins CMcdrm Cdbro GOLF DIVISION SLOW PLAY POLICY The purpose of this policy is to aid in provid- ing a positive and enjoyable golfing experience to all players visiting City of Fort Collins - owned golf facilities. 1. Each group is responsible for keeping up with the group in front of them (defined as staying in position). Your group should play within a 1/2 hole of the group ahead of them. 2. Each group will be asked to play its round of golf in two hour intervals per nine holes. 3. Golf course staff may ask your group to catch up and accelerate the pace of play. If your group is "out of position," you may be required to skip a hole to catch up. Three slow play warnings per round violate our slow play policy, and playing privileges may be sus- pended. 4. Pro shop staff, City golf staff and the "course monitor" have full and complete authority to enforce the slow play policy as outlined herein. Thank you for your cooperation, and we look forward to seeing you again soon. NOTE. The City of Fort Collins will make reasonable arrortt- rnodation.s far art es.s to Cite servit e.s. programs. and activities and it make special comeaninaion arrangrrnents Jirr per- son.s with disabilities. Call (970) 221-6651. WO /77T (970) 224 60)2 for assistant e. 10 TIPS TO QUICKER GOLF PLAY 1. Arrive at the golf course well in advance of your tee time. 2. Negotiate your wagers prior to the first tee or without delaying play on the first tee. 3. Take practice swings while you wait for the group in front to get out of range. 4.On the tee or in the fairway, hit when ready; forget honors. 5.On the green, line up your putt as others are putting out. 6. Carry a spare ball in your pocket. 7. For short pitches, chips, or sand play, take a few clubs and your putter to finish out the hole. 8. When sharing a golf car, drop off your partner at his / her ball and proceed to yours; park your golf car as close as possible to the next tee. Mark your scores on the next tee. 9. No mulligans anytime, anywhere. 10. Don't give lessons on the golf course. The rewards for playing 18 holes of golf in "four hours or less" are that you have had fun, and you have ensured that all the people he - hind you have also experienced a round of golf without undue delay. _1 COLLINDALE v Slow Play Policy v Course Pace Rating . Quick Play Tips Collindale Golf Course 1441 E. Hursetooth Road Fort Collins, Colorado 80525 (970) 221-665 1 Attention Golfers! Please do not throw away this brochure. Return it to the Pro Shop after reading so that it can be shared with other golfers. Thank you COURSE PACE RATING Collindale Golf Course TEE 1 2 3 4 5 6 7 8 --9- Front 9 HOLE TIMES (Minutes to play :15. :14 :14 :14 :10 :16 :12 :09 :21 each hole) 2 hrs. & 5 min. CUMULATIVE TIME :15 :29 :43 :57 1:07 1:23 =-351-442:05* TEE 10 11 12 13 14 15 16 17 18 Back 9 18 holes (Front & Back 9) HOLE TIMES (Minutes to play :14 :10 :14 :17 :14 :10 :14 :14 :13 each hole) 2 hrs. 4 hrs. & 5 min. CUMULATIVE TIME 2:19 2:29 2:43 3:00 3:14 3:24 3:38 3:52 4:05 * Includes time in Caddy Shack Restaurant Course Pace Rating (CPR) is determined by length of holes (including distance from each green to the next tee), time spent on and around the greens, obstacle difficulty (water hazards, out of bounds, bunkers, etc.), consideration of sib'ations where carts are restricted to paths, and location of halfway houses and snack bars. CPR represents the amount of time a group of four should take to play each hole and proceed to the next tee. The cumulative times thus represent "tee times" for the group at each subsequent teeing ground. The total play time is a target goal for how long it should take to play the golf course. CITY OF FORT COLLINS CULTURAL, LIBRARY, AND RECREATIONAL SERVICES SUBJECT: Policy Statement on Golf Staff Usages at City Golf Courses PURPOSE: Establish and Revise Procedure and Guidelines for Eligible Golf Division Staff for Usage of City Golf Courses and Golf Cars EFFECTIVE DATE: July 1, 1995 STATEMENT OF POLICY: Cultural, Library, and Recreational Services staff who work within the Golf Division are eligible for free or low-cost usage of City golf courses and City golf cars as follows: 1. All Golf employees, whether paid or unpaid volunteers, who currently work within the City Golf Division, or are between work seasons, are covered by this policy. This includes both permanent and hourly/seasonal City of Fort Collins Golf employees, employees who are employed by the Golf Professionals, and employees employed by the Snack Bar Concessionaires. These employees may play rounds of golf and may use City golf cars, and either not pay fees, or pay discounted fees, as appropriate. 2. Golf Play Usage shall be as follows: A Employees who normally work 30 hours or more per week have no restriction on the number of free rounds of golf played per week at the specific golf course where they work. Employees who normally work 29 hours or less per week are limited to up to three (3) free rounds of golf played per week or up to 15 free rounds of golf per calendar month at the specific golf course where they work, per specific site policies, or as approved by the Manager of the Golf Division on a per site basis. All employees, however, will pay normal tournament fees to participate in tournaments. B. Employees may play one (1) free round of golf per month at both of the other two City golf courses where they do not work. However, if practicing for a City sponsored or co -sponsored tournament to be played at the other golf course(s), employees may play free practice rounds of golf at the other course(s) within their regular number of rounds allowed per week one week prior to the tournament. The employee's supervisor is responsible for notifying the host Golf Professional. C. Employees are allowed to make advance tee time reservations or be a part of someone else's reservation utilizing the same tee time reservation procedure approved for all golfers. Employees will sign the Daily Registration form as "staff," noting 9 or 18 holes, and may also be asked to sign a log book provided by the Golf Professional for management purposes. 3. Golf car usage shall be as follows: A. Full Time/Permanent/Supervisory employees, as defined by the Manager of the Golf Division, may use golf cars at no charge at the course where they work, if a reasonable number of golf cars are available as per the judgement of the Golf Professional. For tournaments, leagues, or at the other two courses where they do not work, golf cars may be rented by the employee at the 50 percent 9 or 19 hole discount rates, if a reasonable number of golf cars are available, per the judgement of the Golf Professional. Non -employees riding with an employee may ride at no charge, but will pay their full 50 percent share or the other one-half balance of the appropriate golf car rental rate when the employee is charged. B. Full Time/Seasonal employees, as defined by the Manager of the Golf Division, who normally work 30 hours or more per week, may use golf cars at no charge at the course where they work on weekdays only, if a reasonable number of golf cars are available as per the judgement of the Golf Professional. For weekends, holidays, tournaments, leagues, or at the other two courses where they do not work, golf cars may be rented by the employee at the 50 percent 9 or 18 hole discount rates, if a reasonable number of golf cars are available, per the judgement of the Golf Professional. Non -employees riding with an employee will pay their full 50 percent share or the other one-half balance of the appropriate golf car rental rate at all times. C. Part Time/Seasonal employees, as defined by the Manager of the Golf Division, who normally work 29 hours or less per week, may rent golf cars at the 50 percent 9 or 18 hole discount rates at all times, if there are a reasonable number of golf cars available as per the judgement of the Golf Professional. Non -employees riding with an employee will pay their full 50 percent share or the other one-half balance of the appropriate golf car rental rate at all time. D. Two employees (in a group of three or four players) who get free or discounted golf cars, should ride in one golf car together, as two free or discounted golf cars should not be taken with the expectation of having non -employees or part time employees riding for free or discounts. E. All employees may use a golf car free of charge at all times at the course where they work if they are also policing the course, observing course conditions, rangering, or as per the judgement of the Golf Professional. All employees who use a golf car free of charge or at a discount rate will be expected to pick up trash on the course, report any problems, and generally "marshall" while on the course. The above policy statements are subject to change at any guarantees, nor are they to be considered as a form of direct of these privileges may result in the loss of future privileges. Dated: 6121/95 time and are not to be considered as or indirect compensation. Any abuse 1991 `LF COURSE GREEN FEE PLAY RECOP- COLLINDALE 9 Hole 18 Hole Total 7.00 12.00 January February 0 922 0 377 0 19299 March 1,529 854 29383 April 20019 1,120 39139 May 3,299 19659 41958 June 31355 19646 51001 July 39735 19994 5,729 August 3,776 21040 5,816 September 29369 10245 3,614 October 1,717 901 29618 November 379 893 262 531 641 11424 December TOTAL 239993 129629 369622 1992 GOLF COURSE GREEN FEE PLAY RECORDS COLLINDALE 9 Hole 18 Hole Total 7.00 12.00 January 489 213 702 February 1,050 455 1,505 March 1,184 665 19849 April 2,433 1,348 39781 May 30065 19951 59016 June 3,054 1,554 41608 July. 3,736 1,948 50684 August 3,339 19773 5,112 September 29111 1,047 39158 October 1,328 709 29037 November 358 164 522 December 1 0 1 TOTAL 229148 119827 33,975 1993 GOLF COURSE GREEN FEE PLAY RECORDS COLLINDALE 9 Hole 18 Hole Total 8.00 13.00 January 0 0 0 February 0 0 0 March 19216 676 1,892 April 1,781 19088 29869 May 29697 1,698 4,395 June 2,704 1,485 4,189 July 3,319 1,980 59299 August 3,216 19762 4,978 September 1,868 19080 29948 October 11130 649 19779 November 205 109 314 December 464 175 639 TOTAL 18,600 109702 29,302 1994 GOLF COURSE DAILY FEE PLAY RECORDS COLLINDALE January February March April May June July August September October November December TOTAL COLLINDALE January February March April May June July August September October November December TOTAL COLLINDALE January February March April May June July August September October November December 9-HOLE TUIL a JR 12 8 74 74 14 64 324 430 201 109 53 51 1,414 9-NOLE TVIL / JR 0/33 0/47 8 / I" 12 / 95 44 / 107 82 / 229 184 / 307 197 / 238 317 / 96 52 / 106 44 / 50 38 / 42 978 / 1,494 9-NOLE PRIME _NON -PRIME 0 736 0 138 0 1,232 417 1,128 2,095 422 1,856 490 2,388 386 2,028 371 601 1,083 0 956 0 518 14 598 9,399 8,058 9-NOLE INE NON-PRINE --- 312 5 543 5 902 239 970 1,302 285 1,682 371 2,182 379 2,005 315 417 775 2 1,092 --- 788 8 508 7,847 7,240 18-MOLE PRIME WON -PRIME 0 256 2 67 1 641 399 681 1,332 312 1,259 420 1,800 346 1,610 326 727 574 0 723 0 358 14 309 7,144 5,013 PUNCH CARD 9 18 2 0 0 0 5 1 53 11 119 56 150 62 111 67 133 75 60 38 33 10 11 6 8 3 =ram=. 1995 GOLF COURSE DAILY FEE PLAY RECORDS 18-HOLE MINE NON -PRIME --- 181 1 354 5 615 275 584 1,094 161 918 199 1,622 286 1,262 307 588 459 --- 819 --- 439 18 263 5,783 4,667 COl1PON/DISCNTS 9 18 92 61 121 67 158 177 201 167 77 55 85 86 58 96 142 114 89 75 93 47 43 53 27 17 1,186 1,015 1996 GOLF COURSE DASLY FEE PLAY RECORDS COUPON/DISCNTS 9 18 55 0 11 0 33 0 182 39 179 143 158 242 229 292 210 300 212 229 115 163 73 66 45 72 1,502 1,546 KRICN CARD 9 18 2 1 9 2 44 11 84 40 ISO 30 210 136 294 168 228 159 146 76 99 41 43 13 24 6 1,333 683 TOURNAMENTS 9 18 0 0 0 0 0 0 40 68 0 316 0 216 118 201 36 316 0 177 0 29 0 0 0 0 194 1,323 TOURNAMENTS 9 18 101 132 14 338 64 248 112 101 30 327 50 221 --- 20 371 1,387 TOTAL 1,061 226 1,987 3,092 4,988 4,917 6,262 5,835 3,902 2,138 1,085 1,114 36,607 u��7.11 682 1,149 2,069 2,900 3,657 4,310 5,789 5,324 3,3D9 2,371 1,473 951 33,984 9-HOLE TWIL / JR PRIME 9-HOLE 18-HOLE COUPON/DISCNTS PUNCH CATO TOURNAMENTS NON -PRIME PRIME NON -PRIME 9 18 9 18 9 18 TOTAL 26 / 26 45 / 60 --_ -- 262 --- 135 6 11 2 1 --- --- 469 58 / 134 --- 548 773 --- 3 296 537 12 32 9 5 --- --- 1,007 125 / 160 435 1,004 405 470 48 138 56 106 22 104 12 51 --- --- 104 80 1,643 3,182 174 / 309 119 / 428 653 836 1,468 563 712 147 101 218 124 --- 378 4,847 166 / 422 766 1,598 1,367 846 933 744 758 40 120 294 207 --- 46 5,278 172 / 431 873 1,217 860 721 61 48 97 263 190 --- 359 5,382 222 233 159 --- 385 5,321 TOTAL 885 / 1,970 3,563 8,237 3,610 4,373 500 745 1,145 749 104 1,248 27,129 GOLF COURSE ANNUAL PASS PLAY RECORDS COMPARING 1991 - 1995 COLLINDALE 1991 1992 (9H/1811) January 0 867 (605/262) February 1,821 2,228 0419/809) March 2,522 2,330 (1392/938) April 3,282 3,973 (2437/1536) May 4,131 4,094 (241l/1683) June 3,661 4,056 (2515/1541) July 3,871 4,345 (2713/1632) August 3,627 3,694 (2247/1447) September 2,860 2,971 (1977/994) October 2,527 2,693 (IT06/987) November 1,124 1,245 (818/430) December 1,669 0 TOTAL 27,813 32,496 (20,237/12,259) 1993 (9N/18R) 0 0 2,044 (1318/726) 3,284 (2024/1260) 4,018 (2440/1578) 3,943 (2528/1415) 4,018 (2492/1526) 3,994 (2643/1351) 2,909 (1992/917) 2,461 (1636/625) 984 (720/264) 1,452 (1143/339) 29,137 (18,936/10.201) 1994 (911/1811) 1995 NP (9N/18N 1,939 (1303/636) 1,236 (875/361) 410 (273/137) 1,285 (835/450) 2,196 (1433/763) 1,818 (1287/531) 2,874 (1719/1155) 1,718 (1259/459) 3,789 (2485/1304) 783 (476/307) 3,510 (2332/1178) 783 (548/235) 3,455 (2276/1179) 779 (562/217) 3,400 (2343/1057) 749 (465/284) 2,744 (1783/961) 1,294 (864/430) 2,381 (1551/830) 2,019 (1251/768) 1,473 (974/499) 1,717 (1103/614) 1,218 (722/496) 1,268 (816/452) 29,389 (19,194/10,195) 16,268 (11,131/5137) GOLF COURSE ANNUAL PASS PLAY RECORDS - 1996 1996 Fee Unrestricted 3/-- 137 / 122 324 / 195 378 / 191 357 / 205 281 / 206 267 / 229 1996 Fee Restricted 363 / 194 586 / 266 258 / 59 406 / 87 342 / 102 313 / 118 377 / 89 332 / 86 1996 No Fee Unrestricted 30 / 9 296 / 361 500 / 502 583 / 471 530 / 550 479 / 468 450 / 513 1996 No Fee Restricted 48 / 5 156 / 153 249 / 122 364 / 279 362 / 269 340 / 226 491 / 233 365 / 241 1996 Total 610 1,203 1,604 2,657 2,698 2,639 2,624 2,503 1767 / 1148 2977 / 1001 2868 / 2874 2375 / 1528 16,538 1995 PR (911/18N) 325 (165/160) 1,543 (1020/523) 1,769 (1137/632) 1,964 (1176/788) 1,978 (1300/678) 468 (174/294) 8,047 (4972/3075) GOLF COURSE ANNUAL PASS SALES RECORDS COMPARISON FOR 1992 - 1996 1996 CATEGORIES 1992 1993 1994 1995 1996 R-F R-NF U-F U-NF SINGLE ADULT 196 161 133 119 384 98 84 83 119 STUDENT/YOUNG ADULT 56 39 25 15 N/A JUNIOR 68 66 58 49 77 6 1 38 32 SENIOR CITIZEN 338 324 275 255 25 7 14 0 4 FAMILY 64 49 36 21 N/A First Adult (64) (49) (36) (21) N/A Second Adult/Spouse (44) (33) (25) (11) N/A 1st Child (25) (21) (16) (12) N/A 2nd Child (6) (3) (4) (3) N/A 3rd or More (2) (1) (3) (0) N/A TOTAL 722 639 527 459 486 111 99 121 155 Beginning in 1996, annual passes were restructured to create a multi - tire system, which eliminates spouse, senior citien (age 62 and older), student/young adult (age 24 and under), and all family pass categories. We now have only three categories which are Single Adult, Junior (age 18 and under), and "Super" Senior (age 80 and over). 1994 GOLF CAR BREAKDOWN COLLINDALE 9 Note 9 Hole 9 Hole 18 Note 18 Hole 18 Hole Regular Senior Mect/Singl Regular Senior Med/Sirgl city Sales Total _($10.00) (S7.50) (S5.00) (S16.00) (S12.00) (S8.00) Tax January 570.00 172.50 5.00 304.00 120.00 32.00 1,135.18 68.32 1,203.50 February -0- -0- 15.00 32.00 24.00 16.00 82.08 4.92 87.00 March 810.00 150.00 135.00 912.00 252.00 176.00 2,296.82 138.18 2,435.00 April 1,530.00 228.75 100.00 2,344.00 654.00 136.00 4,709.12 283.63 4,992.75 May 1,720.00 328.50 185.00 5,728.00 702.00 536.00 8,677.16 522.34 9,199.50 June 2,355.00 712.50 95.00 7,600.00 1,254.00 376.00 11,689.08 703.42 12,392.50 Juty 2,770.00 742.50 150.00 8,024.00 1,290.00 764.00 12,979.43 781.07 13,760.50 August 2,465.00 915.00 205.00 6,744.00 1,374.00 1,040.00 12,019.94 723.06 12,743.00 September 1,390.00 423.75 150.00 4,368.00 1,038.00 912.00 7,811.84 469.91 8,281.75 October 950.00 352.50 75.00 2,352.00 546.00 480.00 4,485.70 269.80 4,755.50 November 390.00 116.25 55.00 736.00 102.00 152.00 1,463.24 '88.01 1,551.25 December 410.00 142.50 45.00 368.00 228.00 184.00 1,299.43 78.07 1,377.50 TOTAL 15,360.00 4.284.75 1,215.00 39,512.00 7,584-00 4,824.00 68.649-02 4,130.73 72,779.75 1995 GOLF CAR BREAKDOYN COLLINDALE 9 Note 9 Note 9 Note 18 Note 18 Note 18 Note Regular Senior NWS(ngl Regular Senior rAwsingl City Sales Total ($12.00) (S9.00) ($6.00) ($18.00) ($13.50) (29.00) Tax Jarwary 132.00 85.50 12.00 324.00 74.25 27.00 617.68 37.07 654.75 February 324.00 162.00 42.00 648.00 351.00 18.00 1,457.58 87.42 1,545.00 March 600.00 "S.50 54.00 744.00 384.75 9.00 2,110.63 126.62 2,237.25 April 1,200.00 418.50 48.00 2,547.00 344.25 144.00 4,435.45 266.30 4,701.75 May 1,278.00 337.50 48.00 3,420.00 317.50 13.50 5,107.79 306.71 5,414.50 June 2,283.00 373.50 132.00 4,414.50 841.50 112.50 7,695.03 461.97 8.157.00 July 3,630.00 810.00 111.00 8,113.50 1,437.75 157.50 13,452.21 807.54 14,259.75 August 2,853.00 567.00 165.00 8,149.00 1,309.50 139.50 12,436.92 746.08 13,183.00 September 1.725.00 310.50 717.00 4,468.50 796.50 123.00 7,679.50 461.00 8,140.50 October 963.00 202.50 102.00 2,358.00 587.25 103.50 4,071.90 244.35 4.316.25 November 597.00 171.00 45.00 954.00 456.00 238.50 2,350.52 140.98 2,491.50 December 264.00 121.50 45.00 373.50 270.00 171.00 1,174.57 70.43 1.245.00 TOTAL 15,849.00 4,005.00 1,521.00 36,514.00 7,200.25 1,257.00 62,559.78 3,756.47 66,346.25 1996 GOLF CAR BREAKDOWN COLLINDALE 9 Hole 9 Hole 9 Hole 18 Hole 18 Hole 18 Hole Regular Senior Med/Singl Regular Senior Med/Singl city Sales Total ($12.00) ($9.00) ($6.00) ($18.00) ($13.50) ($9.00) Tax January 168.00 54.00 30.00 180.00 40.50 108.00 546.49 34.01 580.50 February 336.00 72.00 24.00 594.00 263.25 148.50 1,353.12 84.63 1,437.75 March 576.00 45.00 156.00 666.00 310.50 229.50 1,866.22 116.78 1,983.00 April 1,512.00 351.00 150.00 1,782.00 418.00 265.50 4,214.67 263.83 4,478.50 May 1,968.00 310.50 153.00 4,410.00 637.00 193.50 7,408.08 463.92 7,872.00 June 2,724.00 427.50 240.00 6,453.00 1,397.25 252.00 10,816.78 67 6. 97 11,493.75 July 2,484.00 486.00 246.00 7,056.00 1,343.25 396.00 11,303.86 707.39 12,011.25 August 1,932.00 594.00 252.00 8,064.00 1,255.50 333.00 11,698.54 731.96 12,430.50 September October November December TOTAL 11,700.00 2,340.00 1,251.00 29,205.00 5,665.25 1,926.00 49,207.76 3,079.49 52,287.25 City of Fort Collins Daily Green Fees Cultural, Library, and Recreational Services Golf Division 1996 GOLF FEES AND CHARGES 9-Hole Regular Prime Time Rate 18-Hole Regular Prime Time Rate 9-Hole Non -Prime Time Rate 18-Hole Non -Prime Time Rate 9-Hole Non -Prime Time Junior Rate Twilight Rate (As Applicable) Tournament Service Fee (Per Player) Collindale and City Park Nine $10.00 $15.00 $ 9.00 $14.00 $ 5.00 $ 6.00 $ 2.00/9-holes SouthRidge $11.00 $17.00 $ 9.00 $14.00 $ 5.00 $ 6.00 $ 2.00/9-holes 10-Play Punch Cards (for all three courses, except tournaments; Expires December 31) 9-Hole Punch Card $ 85.00 Annual Passes Adult Unrestricted Junior (Age 18 and Under) and "Super" Senior (Age 80 and Over) Unrestricted Adult Restricted 18-Hole Punch Card $135.00 No Per Play Fees $525 $265 $400 With Per Play Fees $400 $200 $300 Junior (Age 18 and Under) and "Super" Senior (Age 80 and Over) Restricted $200 $150 Annual Pass Per Ph v Fees at Collindale and City Park Nine will be: $1.00 per 9-holes during Non -Prime Time $2.00 per 9-holes during Prime Time with a $3.00 maximum for 18-holes $ .50 per 9-holes for Juniors (Age 18 and Under) at all times Annual Pass Per Play Fees at SouthRidge for ALL annual pass card holders will be: $4.50 for 9-holes during Non -Prime Time only $7.00 for 18-holes during Non -Prime Time only City Park Nine Golf Course • 411 South Bryan Avenue Fort Collins, CO 80521 (970) 221-6650 Collindale Golf Course 1441 East Horsetooth Road Fort Collins, CO 80525 (970) 221-14%9f0( 6651 SouthRidge Golf Course 5750 South Lemay Avenue Fort Collins, CO 80525 (970) 226-2828 Golf Administration • 281 North College Avenue • Fort Collins, CO 80524 • (970) 221-6350 INSTRUCTIONS Background Information The City of Fort Collins is the owner and operator of the Collindale Golf Course located at 1441 East Horsetooth Road, Fort Collins, CO 80525. Collindale is an 18-hole golf course, situated on 167 acres, plays approximately 6,400 yards, and is a par 71. In 1994 and 1995, an average of 62,150 total rounds of golf (including both 9 and 18 hole rounds) were played, with an average of 26,850 of those rounds played by annual pass card holders and 35,300 green fee rounds. Over 60 percent of the rounds are 9-hole rounds. Golf facilities include a driving range, chipping green, putting green, and a very well maintained golf course encompassing nearly 130 acres. The clubhouse building includes a lounge, patio, kitchen, and snack bar area, and a complete service pro shop where the starter operations, golf club repair, and golf course play management are performed. The Cultural, Library, and Recreational Services area Golf Division administers Collindale for the City and desires to grant to an L.P.G.A. or P.G.A. Class "A" Golf Professional a contract for services to manage and supervise the golf operations and pro shop functions at Collindale. Collindale Golf Course opened for public play in 1971. Since that time the City has negotiated periodic contracts of one -to -three years in length with golf professionals as independent contractors through the Purchasing Department. Beginning in 1991, contracts for services at Collindale became subject to the City Code requirements for competitive bidding. The management and supervision of the golf operations and pro shop functions, include, but are not necessarily limited to, the general management of play on the course, course monitoring (ranger/marshall), operation of the driving range, power golf car rentals, golf lessons, collection and accounting of City fees and charges, sale of golf merchandise, rental of lockers, golf club repair, services to customers, tournament coordination, janitorial services at the pro shop area, overall clubhouse management, and all other golf related operations except for course maintenance and the Snack Bar Concession. In this contract for services, the City will keep all revenues generated from green fees, annual passes, tournament fees, powered -golf car rentals, surcharges, private golf car usage fees, city building rentals, reservation fees, and other such fees set by the City. The Golf Professional will keep all revenues generated from the sale of golf merchandise, golf instructions/lessons, locker and storage fees, pull cart rentals, golf club cleaning, rental and repair, and the driving range. The Golf Professional shall be the owner of all merchandise, rental clubs, lockers, club repair equipment, range balls and pull carts. 1of7 Golf Car Rental Fees (all three courses) 9-Holes Regular $12.00 18-Holes Regular $18.00 9-Holes Senior (age 62+)/medical $ 9.00 18-Holes Senior (age 62+)/medical $13.50 9-Holes Medical/Single $ 6.00 18-Holes Medical/Single $ 9.00 Golf cars will be discounted for senior citizens (age 62 and older) during non -peak hours only, as posted. Individuals of any age may be eligible for discounted golf car rates with proven special circumstances such as physical/medical limitations, etc., at all times. Restricted or Unrestricted All RESTRICTED Annual Passes entitle the card holder to play golf at both City Park Nine or Collindale as often as desired and as the two courses are available during Non -Prime times only; and at SouthRidge during SouthRidge Non -Prime times only. All UNRESTRICTED Annual Passes entitle the card holder to play golf at both City Park Nine or Collindale as often as desired and as the two courses are available; and at SouthRidge during SouthRidge Non -Prime times only. Prime Time/Non-Prime Time PRIME TIME hours at City Park Nine and Collindale, as based upon reserved/scheduled tee times, are the months of May, June, July, and August through Labor Day from 12:00 noon on Friday, all day Saturday, all day Sunday, and all day on holidays (Memorial Day, 4th of July, and Labor Day), and weekends in April (based upon course conditions) and September. All other times at City Park Nine and Collindale shall be considered NON - PRIME TIME hours. SouthRidge NON -PRIME TIME hours, as based upon reserved/scheduled tee times, shall be applicable daily during the months of October through March, on weekdays only during the months of April and September (except City approved holidays); and on Monday, Tuesday, Wednesday, and Thursday (except holidays) from 10:30 a.m. until 2:30 p.m. during the months of May through Labor Day. All other times shall be considered PRIME TIME hours at SouthRidge. PROPOSAL PROPOSAL NO: P-595 DATED THIS_DAY OF , 1996 CONTRACT FOR SERVICES: Collindale Golf Professional Services 1441 East Horsetooth Road Fort Collins, CO 80525 TO: City of Fort Collins Office of the Director of Purchasing and Risk Management 256 West Mountain Avenue P.O. Box 580 Fort Collins, CO 80522 To Whom It May Concern: 1. The undersigned, pursuant to this Request for Proposal, which requested proposals for a Golf Professional to manage and supervise the golf operations, and pro shop functions at Collindale Golf Course, having examined all documents, the golf course site, and having become familiar with all the conditions existing and relative to same, hereby proposes to operate same in accordance with the proposal documents. 2. I/we acknowledge receipt of the following addenda and have included their provisions in this proposal: Addendum No. ( ),Dated Addendum No. ( ), Dated 3. In submitting this proposal, the undersigned warrants that he/she has complied with all the provisions of the "Request for Proposal, Instructions, and Specifications," and can furnish the labor and materials and business acumen to carry out the golf professional operation using the highest of modern professional golfing standards as employed at leading golf clubs and golf courses, in all respects, as specified in the proposal documents. 4. The undersigned submits the following proposal, which includes all permits, licenses, insurance, fees, and taxes, etc., included in the following documents, fully completed, as a condition of submitting an acceptable proposal: A. Proposal Questionnaire B. An Annual Payment Schedule To/From the City C. Non -Collusion Statement 5. The undersigned also agrees that he/she will not withdraw his/her proposal for a period of sixty (60) days from the closing date for receiving proposals. 1 of 2 RESPECTFULLY SUBMITTED: NAME: ADDRESS: TELEPHONE: R-W Signature TITLE: END OF PROPOSAL 2 of 2 PROPOSAL QUESTIONNAIRE INFORMATION Attached you will find the "Proposal Questionnaire." You will need to answer all eight questions on one side of 8-1/2" x I I" paper only. We have determined that you must answer each question with, one page per answer per question. Please try to answer each question in sufficient detail, noting that we are interested in the quality of your answers, not just the quantity. In addition to the eight pages, you may also provide one supplemental page (one side only) to complete additional information or to further answer any of the eight questions which you could not do within the one page limitation. You may attach a copy of yaur resume if you desire which does not count against your page limitations. If you are selected for an oral interview, you will need to bring a copy of tangible proof of your financial ability to perform as the Collindale Golf Professional. And, you will need to provide us with at least three (3) references we may contact regarding your qualifications. Review and Assessment Respondents will be evaluated on their written answers to the following eight questions. A rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Each of the eight questions shall have a "weighting factor" of 1.0, 2.0, 3.0, as we have determined, meaning that the maximum total of points to be achieved from the eight questions is 80 points. In addition, we have assigned a 4.0 "weighting factor" to the Annual Payment Schedule Statement, meaning it has a maximum total of 20 points (also on a 1 to 5 scale) by itself. Therefore, the maximum grand total of points to be achieved is 100. 1 of 2 Proposal Questionnaire Question 1 -- What are your qualifications for this position? (Weighting Value of 3.0) Question 2 -- What qualifications will you require of your assistant(s) and other employees? Please outline your staffing plans for peak, transitional, and off-season times. (Weighting Value of 2.0) Question 3 -- What special and/or unique needs or requirements do you see at Collindale, and How will you deal with them (i.e., marketing strategy, special issues, etc.)? (Weighting Value of 1.0) Question 4 -- What are your plans to operate the Collindale Pro Shop and Driving Range with regards to: A. Merchandise; B. Services Offered; C. Customer Services; D. Teaching? (Weighting Value of 3.0) Question 5 -- How do you plan to finance your operation, both initially and through the year 2001 ? (Weighting Value of 2.0) Question 6 -- With regard to course monitoring (rangering/marshaling) and maintaining an acceptable pace of play, outline specifically what program you will implement? Also, how much will you (as resident pro) be involved? (Weighting Value of 2.0) Question 7 -- What special, new, and/or unique proposals, ideas, financial arrangements do you have to offer Collindale or the City of Fort Collins (i.e. payments to the City, in -kind contributions/service, etc.) (Weighting Value of 2.0) Question 8 -- What services do you plan to provide for tournaments, "leagues," and special events, as well as cooperation and coordination with the snack bar vendor/concessionaire? (Weighting Value of 1.0) 2of2 ANNUAL PAYMENT SCHEDULE STATEMENT (To and/or From the City) The City of Fort Collins will establish a schedule of City fees and charges, and will keep all revenues generated from green fees, annual passes, tournament fees, City -owned powered golf car rentals, surcharges, private golf car usage fees, reservation fees, building rentals, etc. at the Collindale Golf Course. The Golf Professional will purchase and own, and will keep all income/revenues generated from the sale of golf merchandise, pull cart rentals, golf club cleaning, golf club repair, golf rentals, locker and storage, and from the operation of the driving range and from providing professional golf lessons/instructions, etc., and will pay for their own staff at the Collindale Golf Course. Therefore, in consideration of the aforementioned ... You may desire to pay to the City of Fort Collins an annual fee payment in either a flat -rate amount or on a percentage basis, or make an in -kind contribution of a specific dollar value. If so, how much money/percentage/value will you (Golf Professional) pay in each year listed to the City of Fort Collins to be the Golf Professional at Collindale Golf Course? 1997- $ 1998- $ 1999- $ 2000- $ 2001- $ or [IN or % or or % or or % or or % or (If you need to explain any of the above, you may attach such written explanation to this page). *** and/or *** How much money annually in each of the five (5) years will the City of Fort Collins pay you (Golf Professional) to be the Golf Professional at Collindale Golf Course? 1997- $ (In writing: 1998- $ (In writing: 1999- $ (In writing: 2000- $ (In writing: 2001- $ (In writing: (If you need to explain the above annual payments, such as variable monthly amounts, you may attach such written explanation to this page). (Weighting Value 4.0) 1 of 1 NON -COLLUSION STATEMENT .being first duly sworn, deposes and says that: (1) He is the (owner, partner, officer, representative, or agent) of ,the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person or fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Fort Collins, Colorado, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by a collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signed: Title Subscribed and sworn to before me this Signed: Title My commission expires: day of , A.D., 199. ■ ■ I Tj GOLF SERVICES AGREEMENT COLLINDALE GOLF COURSE FORT COLLINS COLORADO December , 1996 ■ j TABLE OF CONTENTS ARTICLE 1 Golf Services .......................................... 1 ARTICLE 2 Grants of Concessions ..................................... 1 ARTICLE 3 Concession Space ........................................ 1 ARTICLE 4 Contractor's Use of the Concession Space ........................ 2 4.1 In General ............................................ 2 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 .......................... 3 6.5 Physical Interference ...................................... 4 6.6 Taxes...............................................4 6.7 Licenses .............................................. 4 ARTICLE Term................................................5 7.1 Period...............................................5 7.2 Renewal -- 1997......................................... 5 7.3 Renewal -- 1998......................................... 5 7.4 Renewal -- 1999......................................... 5 7.5 Renewal -- 2000 .......................................... 5 7.6 Extension ............................................. 5 7.7 Holding Over .......................................... 5 ARTICLE 8 Fee For Services/Fee For Conducting Business .................... 6 8.1 Golf Services Receipts .................................... 6 i 8.2 Golf Services Fee ........................................ 6 8.3 Concession Fee ......................................... 6 8.4 Time of Payment ........................................ 6 8.5 Interest on Past Due Amounts ................................ 6 8.6 Method of Payment ...................................... 6 ARTICLE 9 Utilities, Maintenance and Janitorial Duties ....................... 6 9.1 Utilities .............................................. 6 9.2 Maintenance and Repair ................................... 7 9.3 Cleaning and Janitorial .................................... 7 ARTICLE 10 Acceptance and Trade Fixtures ............................... 7 10.1 Concession Space, City Equipment and Fixtures .................... 7 10.2 Acceptance ............................................ 7 10.3 Installation of Equipment and Trade Fixtures ...................... 8 10.4 Removal of Equipment, Trade Fixtures ......................... 8 10.5 Title to Improvements ..................................... 8 10.6 Applicable Law ......................................... 8 ARTICLE 11 Damage by Contractor .................................... 8 ARTICLE 12 Total or Partial Destruction ................................. 9 12.1 Concession Space or Other Major Component Rendered Untenantable ............................... 9 12.2 Concession Space Only Untenantable ............................ 9 12.3 Components Tenantable ..................................... 9 12.4 Removal of Rubbish ....................................... 9 12.5 Exception for Damage Caused by Contractor ....................... 9 12.6 No Claim by Contractor ................................... 10 ARTICLE 13 Indemnification and Insurance ............................... 10 13.1 City's Liability ......................................... 10 13.2 Indemnification .......................................... 10 13.3 Patent Representation ..................................... 10 13.4 Contractor Insurance ...................................... 10 13.5 Precautions Against Injury .................................. 10 13.6 Failure to Insure ........................................ 10 ARTICLE 14 No Interest in Real Property ................................ 11 ii The City of Fort Collins has paid the contractual golf professional the following annual amounts since 1991: 1991 1992 1993 1994 1995 1996 $23,276 $26,400 $271468 $28,560 $29,700 $30,888 5.500 5,500 5.500 $34,060 $35,200 $36,388 The Agreement was modified in 1994 and the City paid the existing contractual golf professional an additional $5,500 annually in 1994 through 1996 in exchange for additional rangering and golf car preparation services each year. Prior to 1994, the City directly paid approximately $5,500 annually to other independent contractors to perform supplemental rangering services at Collindale, but this arrangement proved to be unsatisfactory. Therefore, we shifted the extra money to the Golf Professional. However, all rangering services and golf car preparation services costs for this new contract need to be included within the proposal as the City intends to make one form of payment only. The City desires that the Golf Professional include whatever is necessary to reasonably facilitate our slow play policy as slow play is one of our major concerns. For comparative purposes only, the existing contractual Golf Professional provided to the City the following unaudited figures as being generally representative of his average annual gross revenues generated at the Collindale Pro Shop and Driving Range during the past six years under similar circumstances: 1996 1991 1992 1993 1994 1995 Projected Merchandise $163,506 $176,548 $129,831 $153,240 $120,273 $139,500 Driving Range 707065 67,875 68,338 79,684 63,940 80,000 Rentals/Lessons/Other 63.772 78,824 103,123 107,366 97.217 105,500 Total $297,343 $323,247 $301,292 $340,290 $281,430 $325,000 The City makes no representation or guarantees as to the accuracy of the revenue figures as provided by the Golf Professional. Attached are copies of the Collindale Score Card, the Collindale "Slow Play Policy" and "Course Pace Rating" information, the "Policy Statement on Golf Staff Usage at City Golf Courses," and golf play statistics at Collindale from 1991 through 1996 to date, and golf car rental statistics from 1994 through 1996 to date, for your information and reference. Criteria for Proposal Award The proposal will be evaluated as follows: 1. A six -person Collindale Golf Pro RFP Review Committee, composed of two members from the City of Fort Collins Golf Advisory Board, one member each from the Collindale 2of7 ARTICLE 15 Assignment ........................................... 11 ARTICLE 16 Right of City to Enter, Inspect and Make Repairs .................. 11 16.1 In General ............................................ 11 16.2 Obstruction by City ...................................... 11 16.3 Obstruction by Contractor .................................. 12 16.4 No Eviction or Abatement .................................. 12 ARTICLE 17 Default, Rights of Termination .............................. 12 17.1 Default by Contractor ..................................... 12 17.2 Cities Remedies on Default .................................. 13 17.3 Rights and Remedies Reserved ............................... 13 ARTICLE 18 Miscellaneous Provisions .................................. 13 18.1 Cumulative Rights ....................................... 13 18.2 Non -Waiver ........................................... 14 18.3 Non -liability of Individuals Other than Contractor .................. 14 18.4 Limitations on Use ....................................... 14 18.5 Governing Law ......................................... 14 18.6 Benefits .............................................. 14 18.7 Construction ........................................... 14 18.8 Successors and Assigns .................................... 14 18.9 Headings ............................................. 14 18.10 Attorney Fees .......................................... 14 18.11 Entire Agreement ....................................... 14 18.12 Severability ........................................... 15 18.13 Surrender of Possession ................................... 15 18.14 City Representative ...................................... 15 18.15 Notices .............................................. 15 18.16 Schedules and Exhibits .................................... 15 18.17 Force Majeure......................................... 16 18.18 No Limitation on General Powers ............................. 16 18.19 No Relationship ................. '....................... 16 18.20 Personal Services ....................................... 16 18.21 Survival ............................................. 16 iii COLLINDALE GOLF COURSE GOLF SERVICES AGREEMENT This Golf Services Agreement, hereinafter called the "Agreement," is made and entered into as of the day of , 199_, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter called "City," and , 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: 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 Golf Professional identified therein, , an individual employee or officer of Contractor. 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"). Concession Space For the purposes of this Agreement, the "Concession Space" shall mean any and all parts of the pro shop and clubhouse building (except the snack bar concession area) at the Golf Course. 1 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. 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. 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, 2 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 modern 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. Upon objection from the City concerning the conduct or demeanor of any such person, the Contractor shall immediately take all lawful steps to remove the cause of the objection. 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. 6.4 Statements. Recordkeeping and Audits. Contractor shall keep books and records of the business, including an accounting of all revenue and expenses of the concession operation, 3 in accordance with good 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. 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. 4 Term 7.1 Period. The term of this Agreement shall commence on January 1, 1997, and, unless terminated sooner, shall expire on December 31, 1997. 7.2 Renewal -- 1998. This Agreement shall be automatically renewed for a period from January 1, 1998, until December 31, 1998, 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, 1997. 7.3 Renewal -- 1999. This Agreement shall be automatically renewed for a period from January 1, 1999, until December 31, 1999, 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, 1998. 7.4 Renewal -- 2000. This Agreement shall be automatically renewed for a period from January 1, 2000, until December 31, 2000, 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, 1999. 7.5 Renewal -- 2001. This Agreement shall be automatically renewed for a period from January 1, 2001, until December 31, 2001, 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, 2000. 7.6 Extension. This Agreement may be extended beyond the original five (5) year term if performance is satisfactory and subject to City Council approval and negotiation of a mutually acceptable extension agreement. 7.7 Homing 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. E 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 $ per month during 1997; $ per month during 1998; $ per month during 1999; $ per month during 2000; and $ per month during 2001; provided, however, that the parties may agree to an alternate payment schedule. 8.3 Concession Fee. For the privilege of conducting the concession operations hereunder, and the exclusive use of the Concession Space, the Contractor shall pay to the City the sum of $ in 1997; $ in 1998; $ in 1999; $ in 2000; and $ in 2001. H. 1 • H' .cif-i � 8.4.1 The Contractor shall pay the annual Concession Fee and Driving Range payment amounts no later than December 1, of each calendar year. 8.4.2 The Contractor shall pay to the City any amounts due as reimbursement for capital improvements under Section 8.4 no later than December 1 of the year in which the City makes such improvements. 8.5 Interest on Past Due Amounts. Contractor shall pay interest on all past due amounts at the rate of eighteen percent (18%) per annum from the due date, until paid. 8.6 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 City Representative at 300 Laporte Avenue, Fort Collins, Colorado, 80521. Utilities, Maintenance and Janitorial Duties 9.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash collection, 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. 31 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 Cleaning 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. 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 C, attached hereto and made a part hereof; 10.1.2 Lighting fixtures for general area illumination; 10.1.3 Heat and air conditioning; 10.1.4 Pro shop counters, storage units and safe; and 10.1.5 One cash register for use by Contractor in connection with performance of services and sales under this Agreement. 10.2 Acce tance. 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. it 7 10.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit D, 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, shall 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 or upon termination 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 for unpaid rents or installation of equipment in lieu of Concession Fee pursuant to Section 8.1. Any property not so removed by Contractor upon termination shall become a part of the realty on which it is located and title thereto shall vest in the City. 10.5 Title 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. 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 board members, 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. U Total or Partial Destruction 12.1 Concession Space or Other Major Component Rendered Untenantahl . 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 shallelect 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 Untenantabl. 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 direct that the Contractor's Fee shall be abated proportionately. 12.3 Components Ten ntable. 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 Rubbi h. 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 Damage 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. 7 Women's and Men's Golf Association, one member from the Golf Division staff, and one member from the City of Fort Collins Purchasing staff, will review all written proposals. Using a point evaluation system for grading each proposal, the committee will rank each proposal in numerical order. The top ranked proposers may be interviewed and the committee will rank the interviews using the same criteria. 2. The Manager of the Golf Division will check the references of the top ranked individual/firm. If the references are acceptable, a contract will be awarded to the highest ranked firm/individual subject to suitable contract negotiations. Proposal Requirements A. Complete the "Proposal" form as provided. B. No person, firm or corporation shall make or file more than one proposal for this contract for services. C. Proposals must be sealed, addressed, and deposited with the City at the following location before the proposal opening: City of Fort Collins Office of the Director of Purchasing and Risk Management 256 West Mountain Avenue P.O. Box 580 Fort Collins, CO 80522 D. A proposal may be withdrawn at any time prior to the proposal opening, but may not be withdrawn for a period of sixty (60) days from the closing date for receiving proposals. E. Required Documents - The following shall be submitted with the proposal: 1. Proposal Questionnaire (One page answer per question maximum) 2. The Proposal form/addendum acknowledgment page. 3. An Annual Payment Schedule Statement To/From the City. 4. Non -Collusion Statement. Permits. Licenses_ Fees and Taxes It shall be the responsibility of the Golf Professional to make application for the necessary permits and licenses, and to pay for all fees and taxes in order to operate the Collindale Pro Shop. Collusive or Sham Bids 3of7 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. 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 insured under this Agreement with limits specified in Exhibit E, 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. T 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. 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. 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; 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 11 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. Default, Rights of Termination 17.1 Default by Contractor. Time of payment and performance is of the essence of 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 above. 17.1.3 Contractor's assignment of any right hereunder in violation of Article 15. 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 [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. 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 12 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 ninety (90) 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 Golf Professional or his/her disability for an aggregate period of three (3) months during any term of this Agreement. 17.2.1 In the event of a default by Contractor, the City may terminate this Agreement by notice in writing 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'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 use or 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. 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. 13 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 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. 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 Heading . 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 (# )/Instructions/Specifications package, the Non -collusion 14 Statement and Proposal (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 Sever. 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 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: To the City: Manager Golf Division City of Fort Collins 300 Laporte Avenue P.O. Box 580 Fort Collins, Colorado 80522 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. 15 18.17 Force Maieure. 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 Relate. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of employer and employee, principal and agent or a partnership or a joint venture between the parties hereto. 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 Golf Professional and that this Agreement shall be considered as an agreement for his/her personal services. Accordingly, the Contractor shall neither assign any responsibilities nor delegate any duties designated to the golf professional 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: THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation L-2 City Clerk APPROVED AS TO FORM: Carrie A. Mineart Assistant City Attorney James B. O'Neill, II, CPPO Director of Purchasing and Risk Management Contractor: 16 EXHIBIT A 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) rental of City -owned golf cars, locker rentals, golf lessons/instruction, golf club repair, tournament coordination and use of the clubhouse (excepting the Snack Bar concession). 2. Timely collection of green fees, annual pass fees, locker and rental fees, tournament fees, City -owned golf car rental fees, surcharges, city building rentals, and other such fees in the amounts set by the City. 3. Cleaning of City -owned golf cars. 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 Golf Professional, (an officer/employee/partner of Contractor) shall devote his/her full time and attention as the primary golf professional for the Collindale Golf Course during the entire calendar year. He/she may take two (2) weeks vacation, annually. Upon submitting a request at least three (3) days in advance and receiving the City's consent, he/she 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. The parties anticipate that tournament play will involve approximately four (4) tournaments and sixteen (16) days. 2. The Golf Professional shall serve as the primary monitor (marshall/ranger) at the Collindale Golf Course. EXHIBIT B SCOPE OF PRO SHOP AND DRIVING RANGE SERVICES I. 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. 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. III. Eyes. All fees and other income received through the operation of the pro shop, the sale of merchandise, the rental of equipment owned by the Contractor and the use of the driving range shall be retained by Contractor. IV. I lce of the Cl ubho uce. The Contractor shall use any and all parts of the clubhouse (except the snack bar area) and the golf car 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. 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 overloadings 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. 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 11 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, security alarm system, telephone and electric services to the clubhouse; except, however, that the Contractor Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such bid is genuine and is not a collusive or sham bid. Pre -Proposal Meeting We will hold a Pre -Proposal Meeting at the Collindale Clubhouse, 1441 East Horsetooth Road, Fort Collins, CO 80525 on Monday, October 21, 1996, at 2:00 p.m. We will allow you to examine the premises at that time and answer any questions pertaining to the proposal. The meeting is not mandatory, but suggested. Questions Any questions or interpretations of these proposal documents shall be directed to: Mr. James B. O Neill II, CPPO Director of Purchasing and Risk Management City of Fort Collins 256 West Mountain Avenue P.O. Box 580 Fort Collins, CO 80522 (970)221-6775 Any questions concerning the scope of this contract should be directed to: Jerry P. Brown Manager of Golf City of Fort Collins 281 North College Avenue Fort Collins, CO 80524 (970)221-6350 4of7 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. VIII. Credit Card Billing Sys em. The City and the bank handling the City's banking services will allow the Golf Professional 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/concession fees, with the Golf Professional paying for their share of said service, and at the rate established by the City's bank. EXHIBIT C CITY -OWNED INVENTORY Cash Register Television Set All tables, chairs, lamps and pictures, with the clubroom Counters Public Address System EXHIBIT D CONTRACTOR -PROVIDED PERSONAL PROPERTY EXHIBIT E INSURANCE LIMITS $500,000 -- Commercial General Liability with Combined Single Limit 2. Statutory -- Workers' Compensation Coverage A $100,0001$100,0001$500,000 -- Workers' Compensation Coverage B No Text SPECIFICATIONS Included in this "Request for Proposal" package is a copy of a draft agreement that the Golf Professional and the City will sign. All of the elements of the agreement are considered as part of the specifications for the proposals requested. This specification sheet amplifies the major provisions of the Collindale Golf Professional Services operations, as well as defines and provides clarification of several specific points. The Golf Professional and the City shall sign an agreement which will grant to the Golf Professional the management and supervision of the golf operations and pro shop functions at the Collindale Golf Course. This shall include, but is not necessarily limited to, the general management of play on the course, course monitoring (rangering/marshal functions), operation of the driving range, power golf car rentals, golf lessons, collection and accounting of City fees and charges, sale of golf merchandise, rental of lockers, golf club repair, services to the customers, tournament coordination, janitorial servicing of the entire pro shop area, overall clubhouse management, and all other golf related operations except for course maintenance and operation of the Snack Bar Concession. 2. The duration of the agreement will be for the year 1997, with four annual automatic renewal options (if desired by both parties) for the years 1998, 1999, 2000, and 2001; with possible extensions of the original five-year term if performance is satisfactory and subject to City Council approval. 3. The Golf Professional must be a Class "A" L.P.G.A. or P.G.A. Golf Professional or the equivalent, at the time the Agreement is signed and throughout the duration of the Agreement; and should have been in this or related business for at least two (2) years within the past five (5) years, or have sufficient past experience which would satisfy this requirement. 4. The financial condition of the Golf Professional must be of such standing that he/she will be able to initially open and operate the Collindale Pro Shop and Driving Range starting in January 1997, including the acquisition of and maintaining of an adequate stock of golf merchandise, supplies, inventory, rental equipment, range balls, etc., as necessary to meet the demands of the customers at Collindale Golf Course; and that the Golf Professional must be able to hire and pay the wages, Workers' Compensation, Social Security, payroll taxes, benefits, or other employment -related compensation for any and all employees of the Golf Professional necessary for the operation of Collindale Golf Course; and that the Golf Professional must be able to make application for and pay for all necessary permits, licenses, fees and taxes in order to operate legally at Collindale Golf Course through the year 2001, if the four annual automatic renewal options (if desired by both parties) are exercised. Tangible proof of financial ability will be required if you are interviewed. 5. Collindale Golf Course, the Pro Shop, and Driving Range must be opened daily for business from at least 6:00 a.m. through sundown (as long as golfers are on the course) for the months 5of7 of April, May, June, July, August, and September; and must be opened daily for business from at least 8:00 a.m. to sundown for the months of October, November, December, January, February, and March; it being understood that Collindale shall be open and closed, subject to the City's consent, as weather and course play dictates. 6. Insurance Requirements. A. It is agreed that the Golf Professional will provide from insurance companies, acceptable to the City, the insurance coverage designated hereinafter and pay all costs. The Golf Professional also indemnifies the City. Before commencing work under this Request for Proposal, the Golf Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates, and date of expiration of policies, and containing substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the City." In case of the breach of any provision of this requirement, the City, at their option, may take out and maintain, at the expense of the Golf Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Golf Professional under this agreement. The City, its officers, agents, and employees shall be named as additional insurers on the Golf Professional's general liability insurance policy for any claims arising out of work performed under this agreement. B. Insurance coverages shall be as follows: Insurance Limits: $500,000 -- Combined Single Limit for Personal Injury and/or Property Damage Statutory - Workers' Compensation Coverage A $100,000/$100,000/$500,000 -- Workers' Compensation Coverage B In the event any work under this agreement is performed by a subcontractor, the Golf Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 7. The Golf Professional shall be responsible for charging, collecting, and accounting for all City fees, including green fees, annual passes, tournament fees, City golf car rentals, surcharges, City building rentals, reservation fees, etc. on behalf of the City, and remit said City funds in full to the City on a daily basis. 6of7 8. The Golf Professional agrees to keep and maintain proper business records concerning every aspect of the Golf Professionals golf operations and employee management, including cash register tapes, expenses and receipts. All records including Income Tax Records are to be open for inspection and audit by the City. 9. The Golf Professional shall control the conduct and demeanor of its agents and employees. Upon objection from the City concerning conduct or demeanor of any such person, the Golf Professional shall immediately take all lawful steps to remove the cause of the objection. If the City so requests, the Golf Professional 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. 10. Smoking instruments and tobacco will not be sold at the Collindale Snack Bar or Clubhouse and smoking is not permitted in any areas of the clubhouse. 11. The City pays for all trash removal services, utilities, and telephones supplied to the golf course. The Golf Professional shall reimburse the City monthly for the cost of all long distance and two- thirds of the local calls made from said City telephones. The City shall provide the Golf Professional an itemized copy of said monthly long distance and local phone bills. 12. The City and the bank handling the City's banking services will allow the Golf Professional 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 Golf Professional paying for their share of said service. 13. The Golf Professional shall devote his/her full time and attention as the Golf Professional at Collindale Golf Course, and the City relies upon the personal services of the Golf Professional to provide such services; and the hours that the Golf Professional shall be at Collindale Golf Course will be mutually agreed between the Golf Professional and the Manager of the Golf Division. 14. The management and supervision of the golf operations and pro shop functions at the Collindale Golf Course granted under this agreement shall, at all times, conform with the rules, regulations, policies, and procedures as adopted by the City of Fort Collins, or any of its Boards, Service Areas, Departments, or Divisions having jurisdictions over golf courses. 7of7 EVERITT & WILLIAMS ma REAL ESTATE later m ."Pa'we)-ji Coloiwdo h- (" irat")'CTOR Rooting d Repair ,p 0 0 : ROOF SpecialistsT/RES Commercial@ figi (303) 223-6500 EXPECT THE BEST (303) 223-2300 r Executive & Medical Charter ,r Flight ,c! s.,: Residential - 155 N COLLEGE. SUITE tot [ „',, -(303) FOR? COLLINS. CO B052a 221 -05U5 X:1. — 4245 S. Mason. FI. Collins. CO 80525 wlonlsDi oohs D 223.0415 ,„Efgo„`„oA,a Tires • Wheels • Shacks • Brakes • Alignment • Sir I �I >,'„-' D Blue TQQS (Shoot 85 or Less) White Tees (shoot 99 or LR551 Gold Tees Men's Par Handicap 545 412 425 392 201R 347 170 ! 449 j 3516 U.S.G.A. RULES GOVERN ALL PLAY Collindale Golf Course PEP51 LOCAL RULES ��' ► ^nee stakes are out of bonds CLU r ► Ball may be dropped from roads. ► Do not drive golf cars over tees or within to feet ate• from the apron of greens. r ► Replace divots & rake sand traps'. repair your ball 517 382 409 370 181330 135 410 3275 435 362 400 350 152 316 115 423 3026 5 4 4 4 3 4 1 3 . 4 36 3 9 7 11 13 1 15 17 5 li NOTHING ELSE marks 8 2 others on each green IS A PEPSI . a' All lakes .,It be considered lateral water hazards. al Each player must have a set of clubs 8 bag. t 5 From Your Ni Anyone possessing or playing range balls will lose Hole No. playing privileges. Friends At ► your round of golf should be played in 4 hours 1 2 3 4 1 5 1 6 7 1 8 i 9 Out O Pepsi Cola or less. Slow play will not be tolerated. The Course Marshall has lull authority. 493-4545 ► only alcoholic beverages purchased at i Collindale Golf Course are allowed at Red Tees ''. LadleS' Par Handica ' p _ DIETCollindale Course. a G Many chemicals are used m mamta:n:ng tM1e vegetation PEP51 , on the 9 if type it you wan reclCheed rs to xct me -- _ —w golf course sepenmenaent at 2216292. `r� EScorocares b Western Specialty Products. Inc. • s�gdp-275-7445 Y P Property of W. S. P.. Inc. 432 280 412 339 148 406 308 105 420 2850 5 4 5 4 3 5 4 3 5 38 3 13 � 5 9 15 1 11 ' 17 7 ERA' FAITH REALTY, INC. "1st In Service" KEN PADILLA uxuxtxrxsmur ♦r CRISP �v JUMBO 4470 South Lemay / / / • B / • / Fort Collins. a SALADS SHRIMP Colorado e0525 NaTTo r { �'s s�c;� ras *FINE ITALIAN FOOD CHARCO BROILER (970) 223.3898 v2 write So. Of Horsetooth Rd. lol• at APARTMENTS - - FITTING YOUR STANDARDS To A TEE. Foothills Fashion Mall 226-0504 3905 So. College Ave. 22rj-380 ' Hand Carnad •Hand Painted Unique Lacquered Furniture MdAartssoriesFrom ^�Pitfall t ), r t I r Cln0a1 MBXICdn'�.;% .` ?: ,�c,.,av,;': _�,.bv ,,f �'`•''71 .m> a fi � T. 40 W. Oak St., Suite 170 Florence youngclaus- ' Fort Collins, CO (970) 224-1$$8 374 429 7 117 E. HARMONY Res. 223.1446 454 198 406 612 368 232 422 3495 011 Blue 71.5 126 400 177 390 538 344 1200 363 335 , 381 3128 6403 White 69.3 120 380 153 377 485 325 136 343 321 326 2846 5872 Gad 67.0 112 4 3 4 5 4 3 4 4 4 35 71 4 14 8 2 16 i 12 10 18 6 1 10 11 12 i 374 145 372 4 3 4 4 16 j 6 1 13 432 5 2 1 14 t5 16 261 124 291 4 3 4 10 I 18 14 1 17 316 4 8 j j 18 307 4 12 In 2622 35 Tot. 5472 73 Hcp. Red Gold White Net 69.8 72.2 75.3' Adj. 120 125 132 r is I = ' Horny, Hot & Fast a a ` �' 'When You're In The Mood'' Ft. Collins SENIOR DISCOUNT 493-7744 'roe:w TOADS 221-2345