HomeMy WebLinkAboutRFP - P782 CITY PARK NINE GOLF PROFESSIONAL CONCESSIONFEB 2 8 2001
GOLF SERVICES AND CONCESSION AGREEMENT
CITY PARK NINE GOLF COURSE
FORT COLLINS
COLORADO
March 1, 2001
6.4.3 In the event that a background check, or any other information available to
the Contractor or the City, raises questions about the trustworthiness, fitness
for provision of services under this Agreement, competency or suitability of
any individual for a position of trust of any kind, including handling of
funds, City equipment or property, or working with youths or other members
of the general public, such individual shall not be employed or allowed to
volunteer in connection with the services or activities required or permitted
under this Agreement, or in a manner that would permit contact by that
person with the funds, equipment, property associated with the provision of
services hereunder, or persons participating in programs or services provided
under this Agreement.
6.4.4 Upon receipt of written notice from the City of any reasonable objection
from the City concerning trustworthiness, fitness for provision of services
under this Agreement, competence or suitability of any individual for a
position of trust of any kind, or concerning conduct, demeanor or
competence of any employee or volunteer of Contractor, the Contractor shall
immediately take all lawful steps to remove or otherwise address to the City's
reasonable satisfaction the cause of the objection or to remove such
individual from the performance of any services provided hereunder.
6.4.5 The following constitute unacceptable personal conduct that the parties
acknowledge and agree shall be subject to reasonable objection by the City.
The parties acknowledge that other conduct not listed in this Section may be
determined by the City to be reasonably expected to impair Contractor's
ability to provide satisfactory services under this Agreement, and may also
give rise to a reasonable objection by the City to which Contractor shall be
expected to respond as set forth herein. In the event the Contractor, or the
individual Golf Professional/Concessionaire, if different from Contractor,
commits any of the following examples of unacceptable conduct, or fails or
refuses to take reasonable action to correct such conduct by any person
providing services for or on behalf of Contractor hereunder, the City may
give Contractor notice of violation and proceed in the manner as set forth in
Section 17.1.9.
A. Commission or conviction of a felony, or of any crime involving moral
turpitude;
B. Theft or misuse of City money or property;
C. Harassment of, or discrimination against, any individual based on race,
religion, national origin, age, sex, sexual orientation or disability;
D. Falsification, unauthorized use or destruction of City records, reports or
other data or information belonging to the City;
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E. Abusive or threatening treatment of any person, including, but not
limited to physical or verbal confrontation;
F. Using, consuming, possessing, having in the body or distributing
alcohol (except in the normal performance of concession services) or
controlled substances during working time;
G. Destruction, loss or abuse of City property;
H. Unauthorized use of City equipment or property for personal use; or
I. Possessing or maintaining sexually explicit materials on City property.
6.5 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, 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 incluvive, 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.
6.6 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.
6.7 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 tapes 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 City Park Nine 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.
6.8 Licenses. Contractor agrees to obtain and pay for all licenses necessary in connection
with its operation, including but not limited to, a County Health Department Food Services
Establishment inspection, a three -point -two percent (3.2%) on/off premise beer license, and a City
business license and/or occupation license.
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6.8.1 Any such licenses held by the Contractor in connection with this Agreement
shall be surrendered by the Contractor upon termination of this Agreement.
6.8.2 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.
6.8.3 For the purpose of the three -point -two percent (3.2%) on/off premise beer
license, the "premises" shall be defined to include the Concession Space and
the grounds of City Park Nine Golf Course.
ARTICLE 7
Term
7.1 Period. The term of this Agreement shall commence on March 1, 2001, and unless
terminated sooner, shall expire on December 31, 2001.
7.2 Renewal -- 2002. This Agreement shall be automatically renewed for a period from
January 1, 2002, until December 31, 2002, 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, 2001.
7.3 Renewal -- 2003. This Agreement shall be automatically renewed for a period from
January 1, 2003, until December 31, 2003, unless the Contractor is in default or unless one party
serves written notice to the other party of its intention to terminate the Agreement, provided such
written notice must be served at least ninety (90) days prior to December 31, 2002.
7.4 Renewal -- 2004. This Agreement shall be automatically renewed for a period from
January 1, 2004, until December 31, 2004, unless the Contractor is in default or unless one party
serves written notice to the other party of its intention to terminate the Agreement, provided such
written notice must be served at least ninety (90) days prior to December 31, 2003.
7.5 Extension. This Agreement may be extended beyond the original four (4) year
term if performance is satisfactory and subject to City Council approval and negotiation of a
mutually acceptable extension agreement.
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7.6 Holding Over. In the event that the Contractor, or its successor in interest, if any,
shall remain beyond the term set forth herein, although no right to remain is given by this Article,
it is the intention of the parties and it is hereby agreed that a right of use from month -to -month shall
then arise subject to all provisions and conditions of this Agreement in connection with such right,
except that the City shall have the sole right to determine reasonable fees for any holdover period.
ARTICLE 8
Fee For Services/Fee For Conducting Business
8.1 Golf Services Receipts. Contractor shall retain all fees received from the provision
of golf lessons and instruction.
8.2 Golf Services Fee. As payment for performance of Golf Services, the City shall
pay to Contractor the sum of $45,000 in 2001; $46,000 in 2002; $47,000 in 2003; and $48,000 in
2004; to be paid in monthly amounts at the beginning of each month in advance, as set forth in the
Monthly Payment Schedule, consisting of one (1) page, attached hereto as Exhibit "G" and
incorporated herein by this reference ("Monthly Golf Services Fee Payment Schedule"); provided,
however, that the parties may agree to an alternate payment schedule, provided that any such
modification shall be agreed in writing.
8.3 Food and Beverage 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 $4,000 in 2001; $4,000 in 2002; $4,000 in 2003; and $4,000 in 2004, as an annual
payment from income generated by the Food and Beverage Concession.
8.4 Golf Shop 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 $4,000 in 2001; $4,000 in 2002; $4,000 in 2003; and $4,000 in 2004, as an annual payment
from income generated by the Golf Shop Concession.
8.5 Driving Range Pa nne. The Contractor agrees to pay to the City the sum of
$12,000 in 2001; $13,000 in 2002; $14,000 in 2003; and $15,000 in 2004, as an annual payment
from income generated by the Driving Range.
8.6 Pro ShopCgMeting. As additional consideration for the privileges granted
hereunder, the Contractor agrees to pay for one hundred percent (100%) of the cost for replacement
carpeting in the Pro Shop during 2001, which replacement shall be completed in a manner and to
such other standards as the City shall require.
8.7 Time of Payments. The Contractor shall pay the Concession Fees and Driving
Range payments on a quarterly basis but, in no event, later than fifteen (15) days after the first day
of the next quarter.
8.8 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.
8.9 Method of Payment. Payment for all fees under Article 8 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.
ARTICLE 9
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 cell phones and local telephone charges accruing as a result of calls attributable to the telephone
lines located in the Concession Space or otherwise made by Contractor, its agents and employees.
9.2 Maintenance and Repair. The City shall maintain and repair the Concession Space
and City equipment and fixtures (defined in Article 10). Contractor shall submit all requests for
repairs or maintenance to the City Representative. Notwithstanding anything to the contrary
contained herein, the City shall not in any way be liable to the Contractor for failure to make repairs
as herein specifically required of it unless the Contractor has previously notified the City in writing
of a need for such repairs, and the City has failed to commence and complete said repairs within a
reasonable period of time following receipt of the Contractor's written notification.
9.2.1 The Contractor shall neither hold nor attempt to hold the City liable for any
injury or damage, either approximate or remote, occasioned through or
causedby defective electrical wiring or the breaking or stoppage ofplumbing
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 Latimer and State of
Colorado.
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9.3.1 Contractor shall thoroughly clean the entire Concession Space, including all
equipment and fixtures, whether provided by the City or Contractor, floors,
counters, refrigerators and all coils at least once prior to, once during and a
third time after the close of the April through September golf season.
9.3.2 Contractor is responsible for the ongoing cleanliness ofthe Concession Space
in order to provide a clean and orderly appearance for golfers and the public,
including but not limited to, busing and cleaning tables, chairs, patio, floor
areas and removing trash accumulations to designated trash containers.
9.3.3 Contractor shall maintain clean and orderly restrooms in the Concession
Space throughout operating hours.
9.3.4 Contractor shall be responsible for the daily cleaning of all outside entrances
to the concession space, as well as the daily cleaning of the golf cart staging
area.
ARTICLE 10
Acceptance and Trade Fixtures
10.1 Concession Space, City Equipment and Fixtures. In addition to the Concession
Space, the City shall provide the following:
10.1.1 Existing equipment as listed on Exhibit "H", attached hereto and made apart
hereof;
10.1.2 Lighting fixtures for general area illumination;
10.1.3 Heat and air conditioning;
10.1.4 Pro shop 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 Acceptance. On the date of commencement of this Agreement, Contractor shall
acknowledge that it accepts the Concession Space as well as any City equipment and fixtures "as
is."
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10.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit
"I", 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 andregulations of all governmental
agencies which have jurisdiction over such matters.
ARTICLE 11
Damage by Contractor
Contractor shall be liable for and shall repair, replace or cause to be repaired or replaced
within fifteen (15) days after occurrence, any damage to the Concession Space, or to City's property,
equipment and fixtures (defined in Article 10) caused by Contractor, its 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.
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ARTICLE 12
Total or Partial Destruction
12.1 Concession Space or Other Major Component Rendered Untenantable. In case;
during the term of this Agreement, the Concession Space, Golf course or any principal part of any
one of them shall be destroyed or shall be so damaged by fire or other casualty so as to be rendered
untenantable or unusable as determined by the City:
12.1.1 Then, in such event, at the option of the City or Contractor, the term hereby
created shall cease; and this Agreement shall become null and void from the
date of such damage or destruction; and Contractor shall immediately
surrender the Concession Space and its interest therein to the City; provided,
however, that the City or Contractor shall exercise such option to so
terminate this Agreement by notice, in writing, delivered to the other party
within thirty (30) days after the City's .determination of untenantability or
unusability.
12.1.2. In the event neither the City nor Contractor shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the
City shall repair the Concession Space, Clubhouse, or golf course excluding
Improvements or equipment, signs, trade fixtures or other personal property
installed by Contractor, with all reasonable speed, placing the same in as
good a condition as it was at the time of the damage or destruction.
12.2 Concession Space Only Untenantable. hi 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 Tenantable. If the Concession Space or Golf Course shall be only
injured by fire or the elements to such extent so as not to render the same untenantable and unfit for
use and occupancy, the City shall repair the same with all reasonable speed.
12.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Contractor shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment and
other items of its personal property within five (5) days after request being made by the City.
12.5 Exception for 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.
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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 City Park Nine Golf Course, however the necessity may
occur.
ARTICLE 13
Indemnification and Insurance
13.1 City's Liability. The City shall not in any way be liable for any cost, liability,
damage or injury, including cost of suit and reasonable expenses of legal services, claimed or
recovered by any person whomsoever or whatsoever as a result of any operations, works, acts or
omissions performed within City Park Nine 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 ofthe 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 "J", 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.
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ARTICLE 14
No Interest in Real Property
Contractor agrees that this Agreement constitutes merely a right to use and occupy the
Concession Space for a limited purpose and does not create or convey to Contractor any interest in
real property.
ARTICLE 15
Assignment
The Contractor shall not assign this Agreement, sublet or otherwise allow any person to take
possession of all or any portion of the Concession Space without prior written consent of the City
nor permit any transfer by operation of law of Contractor's interest created hereby, other than by
merger or consolidation unless approved by City.
ARTICLE 16
Right of City to Enter, Inspect and Make Repairs
16.1 In General. City and its authorized employees, agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the circumstances and
with as little interruption to Contractor's operation as is reasonably practicable) to enter upon any
part of the Concession Space for the following purposes:
16.1.1 To inspect such premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether Contractor
has complied with and is complying with the terms and conditions of this
Agreement with respect to such premises;
16.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
16.1.3 To make structural additions and alterations.
16.2 Obstruction by City. All entries made for the purposes enumerated above shall,
except as otherwise provided in Article 12, Total or Partial Destruction, be without abatement of
rent or damage for inconvenience. However, in the event any entry by City in the Concession Space
or the Golf Course for the purpose of making repairs or alterations as provided for in Section 16.1.2
above (other than repairs necessitated as a result of damage by Contractor under Article 11)
constitutes a substantial obstruction to and impairment of Contractor's right of use of such facilities,
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TABLE OF CONTENTS
ARTICLE 1 Golf Services ................................................... 1
ARTICLE 2 Grants of Concessions ............................................ 1
2.1 Grant of Pro Shop and Driving Range Concession ....................... 1
2.2 Grant of Snack Bar Concession ..................................... 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 ........................................ 3
6.1
Service....................................................... 3
6.2
Hours of Operation .............................................. 3
6.3
Special Events Option ............................................ 3
6.4
Contractor Personnel ............................................. 4
6.5
Statements, Recordkeeping and Audits ............................... 6
6.6
Physical Interference ............................................. 6
6.7
Taxes ........................................................ 6
6.8
Licenses...................................................... 6
ARTICLE 7 Term ......................................................... 7
7.1
Period ............... ........... ........................... 7
7.2
Renewal--2002................................................ 7
7.3
Renewal --2003................................................ 7
7.4
Renewal --2004................................................ 7
7.5
Extension...................................................... 7
7.6
Holding Over .................................................. 8
then Contractor shall be entitled to a fair and just abatement of the rent for such premises during the
period required by City to make such repairs.
16.3 Obstruction by Contractor. In the event that any personal property of Contractor
shall obstruct the access of the City, its officers, employees, agents or contractors, or a utility
company furnishing utility service to any of the existing utility, mechanical, electrical and other
systems, and thus shall interfere with the inspection, maintenance or repair of any such system,
Contractor shall move such property, as directed by the City or said utility company, in order that
access may be had to the system or part thereof for inspection, maintenance or repair. If Contractor
shall fail to so move such property after direction from the City or said utility company to do so, the
City or the utility company may move it without liability for damage sustained in moving.
16.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this
Article, by the City, or others under right of the City, shall not be, nor be construed to be, an
eviction of Contractor, nor be made the grounds for any abatement of rental nor any claim or
demand for damages against the City, consequential or otherwise, except claims for damages to
person or property caused solely by the negligence of the City.
ARTICLE 17
Default, Rights of Termination
17.1 Default by Contractor. Time is of the essence in the performance of services and
payments of any amounts due under this Agreement. Contractor shall be in default under this
Agreement upon the occurrence of any one or more of the following events:
17.1.1 Contractor's failure to pay any fee or other charge when due and within five
(5) workings days after notice from City of such nonpayment.
17.1.2 Contractor's failure to maintain the insurance required 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
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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 Contractor or his disability for an aggregate period of three (3)
months during any time of this Agreement.
17.1.9 After written notice to the Contractor of any violation of the personal conduct
standards set forth in Section 6, above, and a hearing of the matter before the City's
Director of Purchasing and Risk Management, if such a hearing has been requested
in writing received by the Director of Purchasing and Risk Management within ten
(10) days after mailing of written notice of violation, a determination by the Director
of Purchasing and Risk Management that the alleged violation has, in fact, occurred,
and that such violation materially interferes with Contractor's ability to perform its
services hereunder in a manner satisfactory to the City or otherwise impairs the
benefits to be derived from the City by this Agreement, including the good will,
satisfaction, health and safety of the general public.
17.2 City's Remedies on Default.
17.2.1 In the event of a default by Contractor, the City may terminate this
Agreement effective immediately upon provision of written notice of such
termination to Contractor. In the alternative, the City may elect to keep the
Agreement in force and work with Contractor to cure the default. If this
Agreement is terminated, Contractor shall refund to the City that portion of
the Golf Services Fee paid by the City pursuant to Section 8.2 proportional
to the time remaining in the calendar month at the time of the Contractor's
default, and the City shall have the right to take possession of any and all
merchandise and equipment located in the Concession Space at the time of
default. Contractor's liability to City for damages and rent shall survive the
termination, and the City may re-enter, take possession of the Concession
Space and remove any persons or property by legal action or by self-help
with the use of reasonable force and without liability for damages.
17.2.2 Following re-entry or abandonment, City may make arrangements for use of
the Concession Space by others and ir that connection may make any
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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.
ARTICLE 18
Miscellaneous Provisions
18.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed
cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to the City, or Contractor, at law or in equity, and the exercise of any remedy, or the
existence herein of other remedies or indemnities shall not prevent the exercise of any other remedy.
18.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to
it by virtue of the breach of any covenant, condition or agreement herein by the other party shall not
operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by
such other party, nor shall such other party be relieved the, eby from its obligations under the terms
hereof.
18.3 Non -liability ofIndividuals 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 City Park Nine 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.
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18.7 Construction. In the event of any ambiguity in any of the terms of this Agreement,
it shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
18.8 Successors and Assigns. All covenants, stipulations and agreements in this
Agreement shall extend to and bind each party hereto, its legal representatives, successors and
assigns.
18.9 Headings. The titles of the several articles of this Agreement are inserted herein for
convenience only, and are not intended and shall not be construed to affect in any manner the terms
and provisions hereof, or the interpretation or construction thereof.
18.10 Attorney Fees. In the event any legal action or proceeding is brought to collect sums
due or to become due hereunder or any portion thereof or to enforce compliance with this
Agreement for failure to observe any of the covenants of this Agreement, the losing party agrees to
pay to the prevailing party such sums as the Court may judge reasonable attorneys' fees and costs
to be allowed in such action or proceeding and in any appeal therefrom.
18.11 Contract Documents, Entire Agreement. This writing, together with the exhibits
hereto, the Request for Proposal (#P-782)/Instructions/Specifications package, Interview, 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 Severability. In the event any covenant, condition or provision of this Agreement
is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants, conditions
or provisions of this Agreement, provided that the invalidity of any such covenant, condition or
provision does not materially prejudice either City or Contractor in his or its respective rights and
obligations under the valid covenants, conditions or provisions of this Agreement.
18.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier
termination as herein provided, Contractor shall remove all of its property from City ParkNine Golf
Course and surrender entire possession of its rights at City Park Nine 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.
In
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: Michael W. Goff
4074 Stoneham Drive
Loveland, Colorado 80538
To the City: Manager
Golf Division
City of Fort Collins
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.
18.17 Force Majeure. However, neither the City nor the Contractor shall be deemed in
violation of this Agreement if prevented from performing any of its obligations hereunder by reason
of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, act of
public enemy, acts of superior governmental authority, weather conditions, rights, rebellion,
sabotage or any other circumstances that are not within its control.
18.18 No Limitation on General Powers Nothing in this Agreement shall be construed as
in any way limiting the general powers of the City to fully exercise their governmental functions
or their obligations under any bond covenants or federal, state or local laws, rules or regulations.
18.19 No Relationship. Nothing contained herein shall be deemed or construed by the
parties hereto nor by any third party as creating the relationship of employer and employee,
principal and agent or a partnership or a joint venture between the 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 the Contractor and that this Agreement shall be considered as an agreement
for his personal services. Accordingly, the Contractor shall neither assign any responsibilities nor
delegate any duties designated to the Golf Professional/Concessionaire under this Agreement to any
other person without the prior written consent of the City.
19
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.
Un
ATTEST:
City Cler�
APPROVED AS TO FORM:
Carrie M. Daggett
Assistant City Atto
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
UJB. O'Neill, II, CPPO
r of Purchasing and
Management
Contractor:
Michael W. Goff
20
..11: II_1
SCOPE OF GOLF SERVICES
A. Contractor In General
1. Management and supervision of the golf course operations at the City Park Nine
Golf Course, including but not limited to, the general management of play on the course and driving
range, course monitoring (ranger/marshal functions), preparation and rental of City -provided golf
carts, golf lessons/instruction, golf club repair, tournament coordination, and overall use and
management of the clubhouse, including the daily cleaning of all outside entrance areas and
cleanliness of the clubhouse.
2. Timely collection of green fees, annual pass fees, rental fees, tournament fees, golf
cart rental or use fees, surcharges, City building rentals, and other such fees in the amounts set by
the City.
3. Cleaning and daily preparation for customers of City -provided golf carts, including
the daily cleaning of the golf cart staging area.
4. Provision of starters, assistant golfprofessionals, course monitors (marshals/rangers),
janitors, cashiers and other personnel as necessary to facilitate full and efficient use of the course
and other activities at the City Park Nine Golf Course.
B. Golf Professional
1. The Contractor shall devote his full time and attention as the primary golf
professional for the City Park Nine Golf Course during the entire calendar year. Upon submitting
a written request at least three (3) days in advance and receiving the City's consent, he may take up
to a total of fourteen (14) vacation days annually, and may be away from the golf course for the
purpose of participating in tournament play or other golf -related activities, i.e., schools, seminars
and demonstrations, to maintain and/or improve professional status for up to a total of sixteen (16)
days annually.
2. The golf professional shall serve as the primary monitor (marshall/ranger) at the City
Park Nine Golf Course.
EXHIBIT B
SCOPE OF PRO SHOP AND DRIVING RANGE SERVICES
I. Pro Shop and Driving Range.
A. The Contractor shall operate a golf pro shop in the clubhouse which shall stock a
variety of golfing equipment (for sale and rent), supplies and related merchandise in sufficient
quantity to meet the demands of customers of the golf course.
B. The Contractor shall provide all fixtures, merchandise, stock, supplies and inventory
for the shop.
C. The Contractor shall operate the existing driving range, such operation to include
making equipment and range balls available for use.
D. The Contractormay retrieve and own any abandondedgolfballs in the ditches at City
Park Nine Golf Course.
II. Merchandise Quality, Price Control. Contractor acknowledges the desire and obligation of
City to provide the public and the golfer high quality merchandise and a high level of public service.
Therefore, Contractor agrees to offer for sale from the clubhouse only high quality merchandise at
prices not to exceed the prices customarily charged for similar merchandise in high quality Fort
Collins area operations. If, in the opinion of the City, the selection of items offered is inadequate,
if the merchandise is not of high quality, if any of the prices, charges and rates are excessive, or if
any of the items are found to be objectionable for display and/or sale in a public facility, a
representative of the City shall meet and confer with Contractor regarding such matters, but
Contractor acknowledges that the City's determination as to same shall be conclusive. Failure of
Contractor to correct, rectify or modify its prices or quality within five (5) days of being advised
in writing to do so shall be cause for default.
III. Fees. 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.
W. Use of the Clubhouse. The Contractor shall use any and all parts of the clubhouse 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.
V. Maintenance and Repairs.
A. The City shall be responsible to maintain and repair the interior and exterior of the
clubhouse. The City shall not in any way be liable to the Contractor for failure to make repairs
unless the Contractor has previously notified the City in writing of a need for such repairs, and the
City has failed to commence and complete said repairs within a reasonable period of time following
receipt of the notification.
B. The Contractor shall be liable for and shall reimburse the City for the cost of any
repairs or damage caused by any act or negligence of the Contractor or its agents or employees.
C. The Contractor shall secure the retail pro shop area and shall provide janitorial
services to that area, keeping it clean and in good sanitary condition as required by the ordinances,
regulations and statutes of the City of Fort Collins, County of Larimer and State of Colorado.
D. The Contractor shall neither hold nor attempt to hold the City liable for any injury
or damage, either proximate or remote, occasioned through or caused by defective electrical wiring
or the breaking or stoppage of plumbing or sewage in or upon the clubhouse, whether said breakage
or stoppage results from freezing or otherwise.
E. The Contractor shall not permit nor suffer the clubhouse or the walls thereof to be
endangered by 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.
VI. Alterations and Improvements.
A. All alterations, additions, improvements or changes to the clubhouse by the
Contractor subsequent to the commencement of the term shall be subject to the prior written
approval of the City.
B. The City reserves the right, from time to time (without invalidating or modifying this
Agreement), to make alterations, changes and additions to the land and improvements of which the
clubhouse forms a part.
C. The Contractor hereby indemnifies and agrees to hold the City harmless from all
liens, claims or charges on account of any alterations, additions, improvements or changes to the
clubhouse by Contractor.
ii
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, thatthe Contractor
shall reimburse the City on a monthly basis for all long distance and two-thirds of all cell phones
and local telephone charges accruing as a result of calls by Contractor, its agents and employees.
VIII. Credit Card Billing System. The City and the bank handling the City's banking services will
allow the Contractor to use the City's credit card billing system for the collection of all City fees and
charges, as well as for specified Golf Professional/Concession fees, with the Contractor paying for
their share of said service, and at the rate established by the City's bank.
iii
ARTICLE 8 Fee For Services/Fee For Conducting Business ......................... 8
8.1
Golf Services Receipts ............................................ 8
8.2
Golf Services Fee ............................................... 8
8.3
Food and Beverage Concession Fee .................................. 8
8.4
Golf Shop Concession Fee ......................................... 8
8.5
Driving Range Payment ........................................... 8
8.6
Pro Shop Carpeting .............................................. 8
8.7
Time of Payment ................................................ 9
8.8
Interest on Past Due Amounts ...................................... 9
8.9
Method of Payment .............................................. 9
ARTICLE 9 Utilities, Maintenance and Janitorial Duties ............................ 9
9.1 Utilities....................................................... 9
9.2 Maintenance and Repair .......................................... 9
9.3 Cleaning and Janitorial ........................................... 9
ARTICLE 10 Acceptance and Trade Fixtures .................................... 10
10.1 Concession Space, City Equipment and Fixtures ....................... 10
10.2 Acceptance ................................................... 10
10.3 Installation of Equipment and Trade Fixtures ......................... 11
10.4 Removal of Equipment, Trade Fixtures .............................. 11
10.5 Title to Improvements ........................................... 11
10.6 Applicable Law ................................................ 11
ARTICLE 11 Damage by Contractor ........................................... 11
ARTICLE 12 Total or Partial Destruction ....................................... 12
12.1 Concession Space or Other Major Component
Rendered Untenantable.....................................
12
12.2
Concession Space Only Untenantable................................
12
12.3
Components Tenantable ...........................................
12
12.4
Removal of Rubbish .............................................
12
12.5
Exception for Damage Caused by Contractor ...........................
12
12.6
No Claim by Contractor ...........................................
13
EXIIIBIT C
SCOPE OF SNACK BAR CONCESSION SERVICES
As of the date of the Agreement, the City understands that the Contractor will provide minimum
food and beverage services at City Park Nine Golf Course, which may include vending machines
for soft drinks, self-service coolers, candy, chips, cold sandwiches, and the sale of 3.2 beer, and the
operation of a food and beverage cart to serve these products on the course. In addition, the
Contractor may utilize catering companies to come in for special events, or authorized private
parties using City Park Nine Golf Course to utilize catering companies for their special events at the
Course.
It is the desire of the City and the Contractor that during the term of this Agreement the possibility
exists that City Park Nine Golf Course could support a full -service, full-time snack bar such as that
which was operated between 1988 to 1992, provided, however, that the City and/or Contractor
brings the kitchen up to Code (including adding a grill, hood, and proper refrigeration and sinks as
per Health Codes). If these improvements are made, the Contractor may re -open the snack bar full-
time during the peak season and part-time during special events throughout the balance of the year.
The Contractor may utilize under either scenario all of the City -owned Inventory of Snack
Bar/Restaurant Equipment noted in Exhibit "H" consisting of one page and incorporated herein by
this reference ("City -owned Inventory").
EXHIBIT D
BACKGROUND CHECKS FOR POSITIONS OF TRUST
The Golf Professional and certain other positions to be utilized by Contractor in providing services
to the City under this Agreement have been designated by the City as "positions of trust." Such
positions include, but are not limited to, jobs where the employee or volunteer regularly works
with youths or other members of the general. public, enters private homes or property, or is
responsible for accounting duties or management and control of City property. Contractor will
conduct a background investigation of persons to provide services to the City in such positions.
The investigation shall include, but is not limited to, checking arrests and/or conviction records,
driving records, credit history, previous employment and volunteer work, and references,
including review of any records or information available to the City as a result of past
employment or contractual relationships the employee has had with the Contractor or the City.
The Contractor shall make job assignment and responsibility assignments based upon and in
consideration of the background investigation, and shall not permit any person to perform any
position for which such person character or suitability are reasonably in question based upon
the information obtained in connection with a background investigation. The City may, in its
discretion, object to any assignments of personnel to positions of trust by Contractor, based on
the background investigation. The City may provide assistance in completing the
background investigation, including providing the completed disclosure form to an outside
vendor for a confidential records check. Contractor acknowledges that by providing such
assistance the City assumes no responsibility for the timeliness, accuracy or completeness
of the background investigation, or for the direct or indirect consequences resulting from
the same, and Contractor shall hold the City harmless for any injury or loss resulting
therefrom or from Contractor's failure to comply with any law3 applicable to such
investigations. Contractor shall be responsible for assuring that anv background check activities
conducted by Contractor comply with all applicable laws, including the federal Fair Credit
Reporting Act.
Process for Obtaining Background Check Information
The Contractor shall use the following procedure:
Once an emolovee or volunteer selection or assignment for work under the Contractor
Agreement with the Cin. is made. the employee or volunteer shall complete the background
check form attached to the Agreement as Exhibit E... which is titled "Disclosure to
Emplovee,'Volunteer Regarding Procurement of a Consumer Report (Including Criminal History
Report and Employment History- Review)." The purpose of this form is to provide the necessary
information about an applicant and permission to review confidential information. so that the
Contractor can complete a thorough background check.
�. If the Contractor anticiaates that the employee or volunteer will operate any vehicles or City
equipment in providing services to the City, a driving record check shall be conducted in
addition to a criminal check. The driving record check will be completed at the same time as the
background check.
3. When the employee/volunteer has completed and signed the form, the Contractor shall initial and
date the top of the form, and make two copies of the completed form, one to be retained by
Contractor and one to be provided to the City.
4. The Contractor is required to give each person undergoing a background check a summary of
his/her rights under the federal Fair Credit Reporting Act. This summary is attached to the
original form (see Exhibit E ). The Contractor shall give the original Disclosure form with its
attachment (the summary) to the employee/volunteer. The Fair Credit Reporting Act also
imposes requirements and procedures related to any adverse decisions based upon credit
information.
5. The Contractor shall also require the employee or volunteer to complete the Request,
Authorization and Waiver form, attached to the Agreement as Exhibit F . The purpose of this
form is to authorize the City to release information regarding previous employment, if any, with
the City. This form must be notarized, and the original executed form provided to the City prior
to initiation of the background and employment history investigation.
EXHIBIT E
DISC. JSURE TO EMPLOYEE/VOLUN ER
REGARDING PROCUREMENT OF A CONSUMER REPORT
(INCLUDING A CRIMINAL HISTORY REPORT AND EMPLOYMENT HISTORY REVIEW)
In connection with your employment/volunteer status in connection with sensitive contractual services being
provided by your employer, (Contractor), to the City of Fort Collins, your
employer may procure a consumer report/criminal history on you as part of the process of considering
your role as an employee/volunteer, and may obtain information from and share the resulting information
with the City of Fort Collins for that purpose. The investigation conducted in conjunction with the report
may include an investigation of your personal employment/volunteer history, education, financial and
credit records, public records concerning your driving record, civil and criminal court records, county,
state and federal tar liens, notices of default and bankruptcies, and other records as may be appropriate.
In the event that information from the report is utilized in whole or in part in making an adverse decision,
effort will be made to provide you with a copy of the consumer report/criminal history and a description
in writing of your rights under the federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives
you specific rights in dealing with consumer reporting agencies. A copy of A SUI%4MARY OF YOUR
RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document.
By your signature below, you hereby authorize (Contractor), and/or the City
of Fort Collins to obtain a consumer report and/or an investigative report about you in order to consider
you for employment/volunteer status, including any records related to previous employment or contractual
relationships you have had with the City of Fort Collins.
Applicant's Name:
(Please Print)
Applicant's Address:
City/State!Zip:
S i gnature:
Date of Birth:
Social Security T.
S ignature of Parent or Guardian (if applicant is underage IS):
Other Names Used in the Last Seven (7) Years:
Previous Out -of -State Address(es) in the Past Seven (7) Years:
Address City County State Zip Code
Address City County State Zip Code
Please list any additionai addresses on the back of this page.
Give this disclosure with a ceev of .d .Summary of Rights Under the Fair Credit Reporting ct to applicant. Retain a copy of the
release for your records. and provide a copy of the release to the City of Fort Collins.
EXHIBIT F
(page I of 2)
A Summary of Your Rights
Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in
the files of every "consumer reporting agency" (CRA). Most CRAs are credit bureaus that gather and sell information
about you — such as if you pay your bills on time or have filed bankruptcy -- to creditors, employers, landlords, and
other businesses. You can find the complete text of the FCRA, 15 U.S.C. §§1631-1681u. The FCRA gives you specific
rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer
protection agency or a state attorney general to learn those rights.
• You must be told if information in your file has been used against you. Anyone who uses information
from a CRa to take action against you -- such as denying an application for credit, insurance, or employment
-- must tell you, and give you the name, address, and phone number of the CRA that provided the consumer
report.
• You can find out what is in your file. At your request, a CRA must give ,you the information in your file,
and a list of everyone who has requested it recently. There is no charge for the report if a person has taken
action against you because of information supplied by the CRA, if you request the report within 60 days of
receiving notice of the action. You also are entitled to one free report every twelve months upon request if
you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare,
or (3) your report is inaccurate due to fraud. Otherwise, a CPA may charge you up to eight dollars.
• You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate
information. the CRA must investigate the items (usually within 30 days) by presenting to its information
source all re!evant evidence you submit, unless your dispute is frivolous. The source must review your
evidence and report its findings to the CRA. (The source also must advise national CRAB -- to which it has
provided the data -- of any er, or.) The CRA must give you a written report of the investigation, and a copy of
your report if the investigation results in any change. lithe CRa's investigation does not resolve the dispute,
you may add a brief statement to your file. The CRA must normally include a summary of your statement in
future reports. If an item is de!eted or a dispute statement is filed, you may ask that anyone who has recently
received your report be notified of the change.
• Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate or
unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not
required to remove accurate data from your file unless it is outdated (as described below) or cannot be
verified. If % our dispute resuirs in any change to your report, the CRA cannot reinsert into your file a disputed
item unless the information source verifies its accuracy and completeness. In addition. the CRa must give
you a written notice telling you it has reinserted the item. The notice must include the name. address and
phone number of the information sourer.
• You can dispute inaccurate items with the source of the information. If you tell anyone -- such as a
creditor who reports to a CRa -- that you dispure an item. they may not then reporr the information to a CRa
without including a notice of %our dispute. In addition. once you've notified the source of the error in writing,
it may not continue to report the information if it is. in fact, an error.
• Outdated information may not be reported. In most cases, a CRA may not report negative informarion that
is more than seven years oid: ten vears for bankruptcies.
• .access to %our file is limited. A CRA may provide information about you oniy to people with a need
recognized by the FCRa — usually to consider an appiication with a creditor.nsurer. employer. landlord. or
EXHIBIT F
(page 2 of 2)
other business.
Your consent is required for reports that are provided to employers, or reports that contain medical
information. A CRA may not give out information about you to your employer, or prospective employer,
without your written consent. A CRA may not report medical information about you to creditors, insurers, or
employers without your permission.
You may choose to exclude your name from CRA lists for unsolicited credit and insurance offers.
Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or
insurance. Such offers must include a toll -free phone number for you to call if you want your name and
address removed from future lists. If you call, you must be kept off the lists for two years. Ifyou request,
complete, and return the CRA form provided for this purpose, you must be taken off the lists indefinitely.
You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data, violates
the FCRA, you may sue them in state or federal court.
The FCRA gives several different federal agencies authority to enforce the FCRA:
FOR QUESTIONS OR CONCERVS REGARDING PLEASE CONTACT
CRAs, creditors and others not listed below Federal Trade Commission
Consumer Response Center- FCRA
Washington, DC 20530 * 202-326-3761
National banks, federal branches/agencies of foreign Office of the Comptroller of the Currency
banks (word "National" or initials "N.A." appear in or Compliance Management, Mail Stop 6-6
after bank's name) Washington, DC 20219 * 300-613-6743
Federal Reserve System member banks (except national Federal Reserve Board
banks, and federal branches/agencies of foreign banks) Division of Consumer & Community Affairs
Washington, DC 20551 * 202-452-3693
Savinss associations and federally chartered savinss
banks (word "Federal' or initials "F.S.B." appear in
federal institution's name)
Federal credit unions (words "Federal Credit Union"
appear in institution's name)
State -chartered banks that are not members of the
Federal Reserve System
Air, surface, or rail common carriers regulated by
former Civil Aeronautics Board or Interstate Commerce
Commission
Activities subject to the Packers and Stockyards Act,
1921
Office of Thrift Supervision
Consumer Programs
Washington D.C. 20552* 300- 342-6929
National Credit Union Administration
1775 Duke Street
Alexandria, VA 22114 * 703-513-6360
Federal Deposit Insurance Corporation
Division of Compliance & Consumer Affairs
Washington, DC 20429 * 300-934-FDIC
Department of Transportation
Office of Financial Management
Washington, DC 20590 * 202-366-1306
Department of Agriculture
Office of Depur' Adminisrrator-GIPSA
Washington. DC'_0250 * 202-720-7051
EXIIIBIT G
MONTHLY GOLF SERVICES FEE PAYMENT SCHEDULE
ZQ1'A02Q03
_...
2Q1
x
N/A
$31833.37
$31916.74
$4,000
N/A
$3,833.33
$31916.66
$4,000
$4,500
$31833.33
$31916.66
$4,000
Apnl
$4,500
$31833.33
$31916.66
$4,000
$4,500
$3,833.33
$31916.66
$4,000
$4,500
$3,833.33
$3,916.66
$4,000
$4,500
$31833.33
$3,916.66
$4,000
Augt St
$4,500
$31833.33
$3,916.66
$4,000
Sex
$4,500
$35833.33
$3,916.66
$4,000
i sober
$4,500
$31833.33
$31916.66
$4,000
$4,500
$31833.33
$3,916.66
$4,000
$4,500
$37833.33
$3916.66
,
$4,000
$45,000
$46,000
$47,000
$48,000
EXHIBIT H
CITY -OWNED INVENTORY
CITY PARK NINE SNACK BAR/RESTAURANT EQUIPMENT
NORTHLAND REFRIGERATOR
SLICER
HOT DOG MACHINE
CASH REGISTER ALPHA 9170)
ICE MACHINE
BEER COOLER
SHARP MICROWAVE
FREEZER
STEAM TABLE
ALL TABLES, CHAIRS AND PICTURES IN THE CLUBROOM, INCLUDING 50 STACK CHAIRS
TELEVISION SET AND VCR
GASOLINE -POWERED REFRESHMENT CAR FOR SERVICE ON THE GOLF COURSE GROUNDS
CONVECTION OVEN AND STAND
EXIIIBIT I
CONTRACTOR -PROVIDED PERSONAL PROPERTY
(TO BE PROVIDED NO LATER THAN JUNE 1, 2001)
i*vmoll
,
INSURANCE LIMITS
1. $150,000 -- Liquor Liability
2. $500,000 -- Combined Single Limit for Personal Injury and/or Property Damage
3. Statutory -- Workers' Compensation Coverage A
4. $100,0001$100,0001$500,000 -- Workers' Compensation Coverage B
5. $3001000 -- Products Liability
ARTICLE 13 Indemnification and Insurance ..................................... 13
13.1
City's Liability ..................................................
13
13.2
Indemnification.................................................
13
13.3
Patent Representation .............................................
13
13.4
Contractor Insurance .............................................
13
13.5
Precautions Against Injury ........................................
13
13.6
Failure to Insure .................................................
13
ARTICLE 14 No Interest in Real Property ...................................... 14
ARTICLE 15 Assignment ................................................... 14
ARTICLE 16 Right of City to Enter, Inspect and Make Repairs ...................... 14
16.1 In General ..................................................... 14
16.2 Obstruction by City .............................................. 14
16.3 Obstruction by Contractor ......................................... 15
16.4 No Eviction or Abatement ......................................... 15
ARTICLE 17 Default, Rights of Termination .................................... 15
17.1 Default by Contractor ............................................. 15
17.2 Cities Remedies on Default ......................................... 16
17.3 Rights and Remedies Reserved ..................................... 17
ARTICLE 18 Miscellaneous Provisions . .......... ........................... 17
18.1 Cumulative Rights ...............................................
18.2 Non -Waiver ....................................................
18.3 Non -liability of Individuals Other than Contractor .......................
18.4 Limitations on Use ...............................................
18.5 Governing Law .................................................
18.6 Benefits.......................................................
18.7 Construction...................................................
18.8 Successors and Assigns ...........................................
18.9 Headings......................................................
18.10 Attorney Fees ..................................................
18.11 Contract Documents, Entire Agreement ..............................
18.12 Severability....................................................
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18.13 Surrender of Possession ..........................................
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18.14 City Representative ..............................................
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18.15 Notices.......................................................
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18.16 Schedules and Exhibits ...........................................
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18.17 Force Majeure..................................................
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18.18 No Limitation on General Powers ...................................
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18.19 No Relationship ................................................
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18.20 Personal Services ................................................
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18.21 Survival ......................................................
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CITY PARK NINE GOLF COURSE
GOLF SERVICES AND CONCESSION AGREEMENT
This Golf Services and Concession Agreement, hereinafter called the "Agreement," is made
and entered into as of the 1st day of March, 2001, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter called "City," and Michael W. Goff, hereinafter
called "Contractor", regarding certain services to be provided at the City Park Nine Golf Course,
411 South Bryan Avenue, Fort Collins, Colorado, 80521 (the "Golf Course").
WITNESSETH:
ARTICLE 1
Golf Services
Contractor agrees to provide golf services in accordance with the Scope of Golf Services
description, consisting of 1 page, attached hereto as Exhibit "A" and incorporated herein by this
reference ("Golf Services"), such services to be provided primarily by the Contractor.
ARTICLE 2
Grants of Concessions
2.1 Grant of Pro Shop and Driving Range Concession. 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").
2.2 Grant of Snack Bar Concession. The City grants and Contractor accepts the
responsibility of operating a kitchen and snack bar area and using such facilities as appropriate to
provide refreshment services, including food, non-alcoholic beverages, licensed alcoholic
beverages, and related services to the public at the Golf Course, in accordance with the Scope of
Snack Bar Concessions description, consisting of 1 page, attached hereto as Exhibit "C" and
incorporated herein by this reference ("Snack Bar Services").
ARTICLE 3
Concession Space
For the purposes of this Agreement, the "Concession Space" shall mean any and all parts of
the pro shop and clubhouse building at the Golf Course.
ARTICLE 4
Contractor's Use of the Concession Space
4.1 In General. Subject to other limitations expressed in this Agreement, the City grants
to Contractor the right to exclusive use of the Concession Space and the right to use in common with
others the public areas of the Golf Course, in conjunction with its operations under this Agreement,
in such spaces and manner as may be prescribed by the City.
4.2 Designation of Smoking Areas. The City shall designate smoking and non-smoking
areas of the Concession Space in compliance with the applicable Fort Collins City ordinance.
4.3 Restriction on Items Offered for Sale. In no event shall Contractor offer for sale or
otherwise supply smoking instruments or tobacco at the Golf Course.
4.4 Compliance with Applicable Law. The Contractor agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as all rules and
regulations adopted by the City or any of its Boards, Service Areas, Divisions or Departments
having jurisdiction over the Golf Course.
ARTICLE 5
Rights of Ingress and Egress
5.1 In General. The Contractor shall have the right of ingress and egress to and from the
Concession Space for Contractor's employees, agents and invitees to the extent reasonably necessary
in connection with the conduct of Contractor's business under this Agreement. Areas designated as
restricted areas by the City shall be excluded.
5.2 Closures. The City may, at any time, temporarily or permanently, close or consent
to or request the closing of any roadway or any other way at, in or near the Golf Course, presently
or hereafter used as such, so long as reasonable and safe means of ingress and egress remains
available to Contractor.
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ARTICLE 6
Undertakings of Contractor
6.1 Service. Contractor agrees:
6.1.1 The Contractor shall furnish and pay for all equipment, except as otherwise
provided by the City pursuant to Article 10, all goods, labor, transportation,
supervision and services necessary to provide services in accordance with this
Agreement.
6.1.2 Contractor acknowledges the desire and obligation of the City to provide a
high level of service to the public. Therefore, Contractor agrees to offer for sale
from the Concession Space only high quality food and beverages and other
appropriate merchandise and products. If, in the opinion of the City, the selection
of items offered is inadequate or not of high quality or if any of the items are found
to be objectionable for display and/or sale in a public facility, the items shall be
removed or replaced as required by the City. The City Representative shall meet and
confer with Contractor regarding such matters. However, Contractor acknowledges
that the City's determination as to the same shall be conclusive. Failure of
Contractor to correct, rectify or modify its quality within five (5) days of being
advised in writing to do so shall be cause for default.
6.1.3 Contractor warrants that all Golf Services and related responsibilities
performed under this Agreement shall be performed with the highest degree of
competence and care and in accordance with the highest modem professional golfing
and management standards in leading golf clubs and golf courses.
6.2 Hours of Operation. Subj ectto the exception forinclement 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 Special Events Option. Contractor shall have the option, upon request by the City,
but shall not be obligated, to provide luncheons or other meals for special occasions, including but
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not limited to association meetings and tournaments. In the event such a request is made and
Contractor elects not to provide such services, the City may make use of the Concession Space to
provide food and beverage services through other means, provided, however, that the City will make
reasonable efforts to minimize the disruption to Contractor's operations that may result.
6.4 Contractor Personnel. Contractor shall control the conduct and demeanor of its
agents and employees. If the City so requests, Contractor agrees to supply and require its employees
to wear suitable attire and to wear or carry badges or other suitable means of identification, the form
for which shall be subject to prior and continuing approval of the City.
6.4.1 The contractor agrees to provide to the City at all times a current list of
employees, volunteers, and other representatives or agents of Contractor that
will be working on behalf of the Contractor in providing services to the City
under this Agreement. The Contractor and the City acknowledge and agree
that certain services provided by Contractor will require that employees and
volunteers of Contractor act in positions of trust which will entail the
handling of and accounting for funds of the City and City property, or direct
contact with youth and members of the general public. Accordingly,
Contractor agrees that all employees, volunteers, and other representatives
or agents of the Contractor in positions of trust, as described in Exhibit "D",
consisting of two (2) pages and incorporated herein by this reference, shall
be screened using the background screening procedure described in Exhibit
"D", and that the results of such background screening shall be provided to
the City prior to any such persons participation in the provision of services
hereunder. The Contractor shall require the completion and execution of the
Disclosure form attached hereto as Exhibit "E", consisting of one (1) page
and incorporated herein by this reference, and the Request, Authorization and
Waiver form, attached hereto as Exhibit "F", consisting of two (2) pages and
incorporated herein by this reference, and shall provide to the
employee/volunteer of the Summary of Rights under the Fair Credit
Reporting Act included as part of Exhibit "P.
6.4.2 The City may provide assistance in completing the background investigation,
including providing information form the completed disclosure form to an
outside vendor for a confidential records check. Contractor acknowledges
that in such event, by providing such assistance to Contractor, the City
assumes no responsibility for the timeliness, accuracy or completeness of the
background investigation, or for the direct or indirect consequences resulting
from the same, and Contractor shall hold the City harmless for any injury or
loss resulting therefrom.
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