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Home My WebLink AboutRFP - P782 CITY PARK NINE GOLF PROFESSIONAL CONCESSION (3)City of Fort Collins Adminis._�tive Services Purchasing Division REQUEST FOR PROPOSAL CITY OF FORT COLLINS CONTRACT FOR SERVICES CITY PARK NINE GOLF COURSE GOLF PROFESSIONAL/CONCESSIONAIRE PROPOSAL NO. P-782 PROPOSAL DATE: 2:00 p.m. (our clock) FEBRUARY 2, 2001 Pre -proposal Meeting: 2:00 P.M. January 22, 2001 256 W Mountain Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 SPECIFICATIONS Included in this "Request for Proposals" package is a copy of a draft agreement that the Golf Professional/Concessionaire 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 City Park Nine Golf Professional/Concessionaire operations, as well as defines and provides clarification of several specific points. 1. The Golf Professional/Concessionaire and the City shall sign an agreement which will grant to the Golf Professional the management and supervision of the golf operations, pro shop functions, and food and beverage concessions at the City Park Nine Golf Course. This shall include, but is not necessarily limited to, the general management of play on the course, golf course monitoring (Ranger/marshal function), operation of the driving range, power golf cart preparation and rentals, golf lessons/instructions, collection and accounting of City fees and charges, sale of golf merchandise and golf services to the customers, golf club repair, tournament coordination, overall clubhouse management and clubhouse janitorial services, daily cleaning of all outside entrance areas and golf cart staging area, snack bar concession services, and all other golf related operations except for course maintenance. 2. The duration of the agreement will be for the remainder of 2001, with three possible annual renewal options (if desired by both parties) for the years 2002, 2003, and 2004; with a possible extension of the original four-year term for up to five additional years if performance is satisfactory and subject to City Council approval. 3. The Golf Professional must be a PGA Class "A" member in good standing 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. In addition, the City will initially conduct a standard background check of the Golf Professional/Concessionaire, as defined. 4. The financial condition of the Golf Professional/Concessionaire must be of such standing that he/she will be able to initially open and operate the City Park Nine Pro Shop, Concessions, and Driving Range, starting approximately March 1, 2001, or when the Agreement officially commences. No later than May 1, 2001, all phases must be fully operational including the acquisition of and maintaining of an adequate stock of golf merchandise, supplies, inventory, rental equipment, range balls, food and beverage, etc., as necessary to meet the demands of the customers at City Park Nine Golf Course. The Golf Professional/Concessionaire must also be able as of March 1, 2001 (or when the Agreement officially commences) 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/Concessionaire necessary for the operation of City Park Nine Golf Course; and that the Golf Professional/Concessionaire must be able to make application for and pay for all necessary permits, licenses, fees and taxes in order to operate legally at City Park Nine Golf Course through the year 2004 if the three annual renewal options (if desired by both parties) are exercised; and must obtain a three -point -two (3.2) beer license for "on/off premises" fermented malt beverage sale and consumption. (The premises is defined as the Golf Clubhouse and the golf course grounds of City Park Nine Golf Course). Any such licenses held by the Golf Professional/Concessionaire in connection with this Agreement shall be surrendered by the Golf Professional/Concessionaire upon termination of this Agreement); and Tangible proof of financial ability will be required if you are interviewed. 5. City Park Nine 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 of April, May, June, July, August, and September; and must be opened daily for business from at least 8:00 a.m. to sundown (as long as golfers are on the course) for the months of October, November, December, January, February, and March; it being understood that City Park Nine 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/Concessionaire will provide from insurance companies, acceptable to the City, the insurance coverage designated hereinafter and pay all costs. The Golf Professional/Concessionaire also indemnifies the City. Before commencing work under this Request for Proposal, the Golf Professional/Concessionaire 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/Concessionaire, 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/Concessionaire under this agreement. The City, its officers, agents, and employees shall be named as additional insurers on the Golf Professional/Concessionaire's general liability insurance policy for any claims arising out of work performed under this agreement. B. Insurance coverages shall be in the following insurance limits: $150,000 -- Liquor Liability $500,000 -- Combined Single Limit for Personal Injury and/or Property Damage Statutory -- Workers' Compensation Coverage A 8 $100,000/$100,000/$500,000 -- Workers' Compensation Coverage B $300,000 -- Products Liability In the event any work under this agreement is performed by a subcontractor, the Golf Professional/Concessionaire 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/Concessionaire shall be responsible for charging, collecting, and accounting for all City fees, including green fees, annual passes, tournament reservation fees, City golf cart rentals, private golf cart usage fees, surcharges, City building rentals, tournament fees, reservation fees, etc. on behalf of the City, and remit said City funds in full to the City on a daily basis. 8. The Golf Professional/Concessionaire agrees to keep and maintain proper business records concerning every aspect of the Golf Professional/Concessionaire 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/Concessionaire 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/Concessionaire shall immediately take all lawful steps to address or remove the cause of the objection. If the City so requests, the Golf Professional/Concessionaire agrees to supply and require its employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form for which shall be subject to prior and continuing approval of the City. 10. The Golf Professional/Concessionaire acknowledges and agrees that certain services provided by the Golf Professional/Concessionaire will require that employees, agents, and volunteers of the Golf Professional/Concessionaire act in positions of trust which will entail the handling of and accounting for funds of the City and City property, or direct contact with youth and other members of the general public. Accordingly, the Golf Professional/Concessionaire agrees that all employees, volunteers, and other representatives or agents of the Golf Professional/Concessionaire in positions of trust, as defined shall be screened using the City's contractual background screening procedure, with such costs associated with said screenings to be fully paid by the Golf Professional/Concessionaire. 11. The personal conduct of the Golf Professional/Concessionaire has a direct impact on the quality of performance. Unacceptable personal conduct/behavior by the Golf Professional/Concessionaire, as defined, can result in immediate or early termination of the Agreement, as also defined. 12. Smoking instruments and tobacco products of any kind will not be sold at the golf course, snack bar, or clubhouse. Smoking is not permitted in any areas of the clubhouse. 9 13. The City pays for all trash removal and recycling removal services, utilities, clubhouse security system, and telephones supplied to the golf course. The Golf Professional/Concessionaire shall reimburse the City monthly for the full cost of all long distance and two-thirds of the cost of all cell phones and of all local calls made from said City telephones. The City shall provide the Golf Professional an itemized copy of said monthly long distance, cell phones, and local phone bills. 14. The City and the bank handling the City's banking services will allow the Golf Professional/Concessionaire 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/Concessionaire paying for their share of said service at the rate established by the City's bank. 15. The Golf Professional/Concessionaire shall devote his/her full time and attention as the Golf Professional/Concessionaire at City Park Nine Golf Course, and the City relies upon the personal services of the Golf Professional/Concessionaire to provide such services; and the hours that the Golf Professional/Concessionaire shall be at City Park Nine Golf Course will be mutually agreed between the Golf Professional/Concessionaire and the Manager of the Golf Division. 16. The management and supervision of the golf operations, pro shop functions, and food and beverage concessions at the City Park Nine 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. 10 ' "416 A PROPOSAL NO: P-782 DATED THIS_DAY OF 12001 CONTRACT FOR SERVICES: City Park Nine Golf Professional/Concessionaire 411 South Bryan Avenue Fort Collins, CO 80521 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: The undersigned, pursuant to the Request for Proposals, which requested proposals for a Golf Professional to manage and supervise the golf operations, pro shop functions, and food and beverage concessions at the City Park Nine 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. O, Dated Addendum No. O, Dated 3. In submitting this proposal, the undersigned warrants that he/she has complied with all the provisions of the 'Request for Proposals, Instructions, and Specifications," and can furnish the labor and materials and business acumen to carry out the golf professional and concession operation using the highest of modern professional golfing and management 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 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 RESPECTFULLY SUBMITTED: NAME: ADDRESS: TELEPHONE: Signature TITLE: END OF PROPOSAL 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 cart rentals, surcharges, private golf cart usage fees, reservation fees, building rentals, etc. at the City Park Nine Golf Course. The Golf Professional will acquire and own, and will keep all income/revenues generated from the sale of golf merchandise, pull cart rentals, tournament service fees, golf club cleaning, golf club repair, golf rentals, food and beverage sales, 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 City Park Nine 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/Concessionaire) pay in each year listed to the City of Fort Collins to be the Golf Professional/Concessionaire at City Park Nine Golf Course? 2001- $ or % or 2002- $ or % or 2003- $ or % or 2004- $ or % or *** and/or *** How much money annually must the City of Fort Collins pay you (Golf Professional/Concessionaire) to be the Golf Professional/Concessionaire at City Park Nine Golf Course? 2001- $ (In writing: 2002- $ (In writing: 2003- $ (In writing: 2004- $ (In writing: (You must explain the above annual payments to and/or from the City, such as variable monthly amounts, flat -rate payments, percentage payments, in -kind contribution payments, etc. by attaching such written explanation on no more than one page to this page). (Weighting Value 5.0) 1 214 S. Accessories TpllPlt'UCT V��..� Interior Design �`'� li�IPORT AUTO BODY ��,�� fI k Central LigU0- ► 224-2552uttPT+xI uf�ttE1 1Do Domestic & Foreign Collision Repair Center D % Come M And See: 'Where Quality Reflects In Every Job We Do!, j _ • Newly Remodeled' Pbi'SHADE SHOP 1, Fort Collins Crematory a 484_3657 :o,:;e Increased Inventory! Milo 0. Bohlender • Gary L. Bohlender ` a • Same Friendly Faces] ollege Ave., Ft. Collins, CO 121 W. Olive, Ft. Collins 482-4244 407 RIVERSIDE — FORT COLLINS. CO 80524 Ft. Collins, Co. 4 S. LEa1AY 224-585, White Tees/Blue Tees 353 150 268 538 334 355 1 480 1 401 1751 3054 1 USDA RULES GOVERN ALL PLAY Many cmmicffia eJm nnalntaloina White and Blue Par 4 3 4 5 4 4 5 4 3 36 LOCAL RULES Neogela.,..nrunu bx eon cou9 if you REALTY are imerzue4 inn �nnnon rx grain me Handicap 12 18 14 4 16 8 2 6 10 x Out of Bounds: All boundary takesfences. Hole o rice oroeeuls nu ica s, 221-66lne E ECUTIYES poll course sup•n¢mnxmmiil-666a 3/ 12 -tee shot left of white stakes Hole No Hole No. +OR — Red Tees Red Par ,--�l AUTO!glrus'% FT. COtt1N5 LOVElli - GRFFIFV 226-3400 663-6900 353-5388 FRONT RANGE OPEN GArf P.C. A LEAP IN THERAPEuric POSSIBILMES t I I 1260 Doctors Lane Ft. Collins, CO 380 181 305 573 352 363 535 4 3 4 5 4 4 5 11 17 1 13 3 1 19 1 7 1 1 281. 150 1 243 484 292 300-457 4 3 4 5 _[±j 4 5 14 ! 16 12 j 211 10 1 4 1 8 GIRIFF7 T 221-1820 0 2111A South College Ave. • Ft. Collins North of universni Mall —� 7/16 -ball right of white stakes. Hole No. 9/18 - r ball right of ditch. Ditch played as lateral water 3 We'll Treat hazard on Hole hi 6115, 7/16, 8/17 and 9118. You The ► Free drop from trees marked by white stakes. A ► Each player must have a set of clubs & bag. Y Fair -Way ► Do not drive golf cars on hills and mounds 1 2 3 4 5 6 7 8 9 OUt around greens and tees. LUS, Ili -Replace divots, rake sand traps, repair your 7 OUS 472-8888 ball marks on greens, & two others. 208 S. College ► Allow faster players through. n ► Range ball thieves will be prosecuted 5 Cl Only ► Playing time for nine holes is 2 hours. Alcoholic 25 4 3 13 1 243 484 292 300 45713201 105 2632 REALTY Slow play will not be tolerated. Bevern� EkECLTLYES The course marshal] has full authority. /` PUMP t 4 5 4 4 1 5 1 4 1 3 36 11 1 1 9 1 3 7 1 5 17 ®Scorecards by Western Specialty Pmducls, Inc. • 1-000.275- Rick Stouffer 206-8252 D I A M O N D ' Cory, friendly place where we know your name • FIREARMS • RELOADING p1; Billiards • Lau of fun stuff to do EQUIPMENT ;T/Mph, & Pub ra • Stop in for a smile GUN HOME OFFlc4 • POLICE SUPPLY FIRST ASSOCIATES 484-9988 .Z& of 1 1213 W. Elizabeth (1I2 block E. of City Park Ave.) 1 a City P. .ae am Allowed at amper!rol W.S.P..Inc. onaa r.i. City Park Nigro KYI,IN� Manufactured Home Community New/HomOwned 2211 W. Mulberry • Ft. Collins City of Fort Collins ClhdFert CO�IIN GOLF DIVISION SLOW PLAYPOLICY 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 (defind as staying in position). Your group should play within a 1/2 hole of the group ahead of you. 2. Each group will be asked to play its round of golf in two hour intervals per nine holes. I 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. Two slow play warnings per round violate our slow play policy, and playing privileges may be suspended. 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 accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Call (970) 221.6650, TDD / TTY (970) 224-6002 for assistance. 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. I 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 cart, drop off your partner at his / her ball and proceed to yours; park your golf cart 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 9 holes of golf in "two hours or less" are that you have had fun, and you have ensured that all the people behind you have also experienced a round of golf without undue delay. . Slow Play Policy . Course Pace Rating . Quick Play Tips City Park Nine Golf Course 411 S. Bryan Avenue Fort Collins, Colorado 80521 (970)221-6650 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 City Park Nine Golf Course TEE 1 2 3 4 5 6 7 8 9 TOTAL HOLE TIMES (Minutes to :13 :09 :12 :17 :11 :15 :17 :16 :10 TIME play each hole) 2 HOURS CUMULATIVE TIME :13 :22 :.34 :51 1:02 1:17 1:34 1:50 2:00 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., and consideration of situations where carts are restricted to paths. CPR represents the amount of time a group of four should take to play each hole and proceed to the next tee. The cuntu- lative times thus represents "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. REQUEST FOR PROPOSAL CITY OF FORT COLLINS CONTRACT FOR SERVICES CITY PARK NINE GOLF COURSE GOLF PROFESSIONAL/CONCESSIONAIRE PROPOSAL NO. P-782 The City of Fort Collins is hereby requesting proposals for a contractual Golf Professional to manage and supervise the golf operations, pro shop functions, and food and beverage concessions at City Park Nine Golf Course, 411 South Bryan Avenue, Fort Collins, CO 80521, for the year 2001 with possible annual renewal options for the years 2002 through 2004; with a possible extension of the original four-year term for up to five additional years if performance is satisfactory and subject to City Council approval. Sealed proposals (6 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) , February 2, 2001. Proposal No. P-782. 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 January 22, 2001, at 2:00 p.m. at the City Park Nine Golf Course Clubhouse, 411 South Bryan Avenue, Fort Collins, CO 80521 to inspect the premises and answer any questions which may arise. A copy of the Proposal may be obtained as follows: Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to request document #30782. Please call Purchasing (970) 221-6775 for Attachments and Exhibits referred to in RFP. 2. Download the Proposal/Bid from the Purchasing Webpage, Current Bids page, at: www.ci.fcgov.com/PURCHASING. Please call Purchasing (970) 221-6775 for attachments and Exhibits referred to in RFP. 3. Come by Purchasing at 256 W. Mountain Ave., Fort Collins, and request a copy of the RFP. Top applicants may be interviewed by the RFP review committee. Interviews are tentatively set for February 15, 2001 1 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 (Amended January 1, 1998) 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: 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 ftw 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) 2= rounds of golf played per week or up to 15 fw 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)4=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 k= 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 Sian 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/Superviscry 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 avaiiabie as per the judgement of the Golf Professional. For tournaments, leagues, or at the other two courses where they do not work, golf cars maybe rented by the employee at the 50 per cent 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 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. AlI 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 "marsha ' while on the course. The above policy statements are subject to change at any time and are not to be considered as guarantees, nor are they to be considered as a form of direct or indirect compensation. Any abuse of these privileges may result in the loss of future privileges. Dated: 6/21/95 ** Effective January 1, 1998, all Golf employees will pay the appropriate City Surcharge Fees (currently $1.00 on each 9-Hole Round and $2.00 on each 18- Hole Round) to play regular golf. Cultural, L. rary, and Recreational Services Golf Division 2001 GOLF FEES AND CHARGES City of Fort Collins Dailv Green Fees 9-Hole Prime Time 9-Hole Non -Prime Time 9-Hole Non -Prime Time Age 62+ 9-Hole Non -Prime Time Age 17 and under City Park Nine, Collindale and SouthRidge $14 $12 $9 $ 6 18-Hole Prime Time (SouthRidge) $22 18-Hole Prime Time (City Park Nine and Collindale) $21 18-Hole Non -Prime Time $19 18-Hole Non -Prime Time Age 62+ $14 Twilight Rate $ 8 Tournament Reservation Fee $ 2/9-Holes Tournament Reservation Fee Prime Time (SouthRidge) $4/9-Holes (Shotgun) 10-Play Punch Cards 10-Play Punch Cards are Not Valid for Tournament Play (unless exempted); 10-Play Punch Cards have No Cash Return Value and they Expire December 31, 2001 and have no usability after that date. . 9-Hole Universal Punch Card $115 18-Hole Universal Punch Card $180 18-Hole SouthRidge Prime Time Punch Card $190 Universal Cards are good at all three Golf Courses; 18-Hole Universal Card users must add $1.00 cash for each 18-Hole usage during Prime Time at SouthRidge. Annual Passes Annual Passes are Not Transferable; Annual Passes are Not Valid for Tournament/League Play (unless exempted); 2001 Annual Passes Expire February 28, 2002; Users must have a Fort Collins Address Onlv. Adult Unrestricted $480 Age 17 and under/Age 75+ Unrestricted $240 Adult Restricted $375 Age 17 and under/Age 75+ Restricted $190 Annual Pass Per Play Fees at City Park Nine and Collindale: 9-Holes 18-Holes Adult/Age 75-- in Non -Prime Time $ 2 $ 4 Adult/Age 75+ in Prime Time $ 3 $ 5 Age 17 and under Non -Prime Time $ 1 $ 2 Age 17 and under in Prime Time $ 2 $ 4 Citv Park Nine Golf Course • 411 South Brvan Avenue • Fort Collins, CO 80521 • (970) 221-6650 (over) Collindale Golf Course • 1441 East Horsetooth Road • Fort Collins, CO 80525 • (970) 221-6651 SouthRidge Golf Course • 5750 South Lemav Avenue • Fort Collins, CO 80525 • (970) 226-2828 Golf Administration • 281 North College Avenue • Fort Collins, CO 80524 • (970) Z21-6350 Annual Pass Per Play Fees at SouthRidge: All Annual Pass Cardholders during Non -Prime Time Only $ 6/9-Holes $ 9.50/18-Holes Golf Cart Rental Fees (includes Sales Tax) Golf Carts are discounted for those golfers age 62+ during Non -Peak hours only, as posted; Individuals of any age may be eligible for discounted Golf Cart Rates with proven special circumstances such as physical/medical limitations, etc., at all times. 9-Hole Regular $13 18-Hole Regular $21 9-Hole Age 62+/Medical $10 18-Hole Age 62+/Medical $16 9-Hole Medical Single $ 7 18-Hole Medical Single $11 Private Golf Cart Usage Fees $13 Daily or $175 Season plus $100 Per Course Added Restricted and Unrestricted All RESTRICTED Annual Passes entitle the cardholder to play golf at both City Park Nine or Collindale as often as desired and as the courses are available during Non -Prime Times only; and at SouthRidge during SouthRidge Non -Prime Times only. All UNRESTRICTED Annual Passes entitle the cardholder to play golf at both City Park Nine or Collindale as often as desired and as the courses are available; and at SouthRidge during SouthRidge Non -Prime Times only. Prime Time and Non -Prime Time PRIME TIME hours at City Park Nine and Collindale, as based upon reserved/scheduled tee times, shall be considered to be in effect during the months of May, June, July, and August through Labor Day, from 12 Noon on Friday, all day Saturday, all day Sunday, all day on Holidays (Memorial Day, 4th of July, and Labor Day) , and all day on 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, as based upon reserved/scheduled tee times, shall be applicable daily during the months of October through March; on Monday, Tuesday, Wednesday, and Thursday only during the month of April; and on Mondav, Tuesday, Wednesday, and Thursday (except Holidays) from 10:30 a.m. until 2:30 p.m. during the months of May through September. All other times shall be considered PRIME TIME hours at SouthRidge. Surcharge Fees The total Surcharge Fees for 2001 are $1.00 on each 9-Hole Round and $2.00 on each 13-Hole Round. and are already included in Daily Green Fee Rates and Annual Pass Per Play Fees. Surcharge Fee Revenues will be used for Golf Division Capital Outlay purposes only. v JPBrown: 11 /01 /00 CITY PARK NINE REVENUES The following numbers are the Operating Revenues generated at City Park Nine Golf Course for the years 1998, 1999, and 2000. These revenues are all City revenues. The 2000 revenues are unofficial until the final audit is completed: OPERATING REVENUE SOURCE BUDGETED ACTUAL DIFFERENTIAL 1998 City Park Nine Annual Passes $ 62,424 $ 61,691 $ (733) City Park Nine Green Fees 267,000 305,475 +38,475 City Park Nine Tournament 6,000 7,195 + 11195 City Park Nine Golf Carts 21,000 22,144 + 1,144 City Park Nine Concessions 2,400 2,400 0 City Park Nine Surcharge 38,000 40,949 + 2,949 1998 City Park Nine Total $396,824 $439,854 $ +43,030 1999 City Park Nine Annual Passes $ 65,295 $ 76,425 $ +11,130 City Park Nine Green Fees 279,000 339,457 +60,457 City Park Nine Tournament 6,000 3,918 (2,082) City Park Nine Golf Carts 21,000 23,458 + 2,458 City Park Nine Concessions 2,400 2,400 0 City Park Nine Surcharge 38,500 42,537 + 41037 1999 City Park Nine Total $412,195 $488,195 $ +76,000 2000 City Park Nine Annual Passes $ 84,584 $ 88,189 $ + 3,605 City Park Nine Green Fees 279,000 320,847 +41,847 City Park Nine Tournament 6,000 8,487 + 2,487 City Park Nine Golf Carts 23,000 30,701 + 7,701 City Park Nine Concessions 2,400 2,400 0 City Park Nine Surcharge 38,500 47,162 + 8,662 2000 City Park Nine Total $433,484 $497,786 $ +64,302 Note: Annual Pass Revenues are attributed to City Park Nine on a rounds played ratio basis. The Surcharge is based upon $1.00 for each 9-Hole Round and $2.00 for each 18-Hole Round that is included in and then extracted from Green Fee rates and Annual Pass Per Play Fees. 1998 GOLF COURSE DAILY FEE PLAY RECORDS -HOLE 9 HOLE CITY PARK NINE- 18 HOLE COUPON/DISCOUNT PUNCH CARD TOURNAMENTS m- January ary- February March April May TWILIGHT -103 133 172 313 JR. -44 52 ---161 -157 _59 PRIME 665 NON -PRIME 479 805 _860 1,287 PRIME 87 99 '108 187 707 NON -PRIME 31 39 65 42 __�6 419 65 56 ____166 52 25 610 9 20 24 --jog 129 16 i 113 87 64 621 40 14 891 18 5 9 16 55 96 239 is 7 9 is ---- -- TOTAL 693 108 1 i484 � 3,251 4,653 4.666 5,107 4,80 3,31321 ---- 2,666 1,198 332 32,818] Jun-e- July--- September- October November December Total 251 273 317 318 139 50 2,534 __21M 346 _ZI66 83 65 10 1,765 2.649 1,602 1,456 1,746 1,935 __j .620 __j_ �22 1.484 840 2211 113,994 2 3 _____3 9 1 4 430 484 ------4oi- 306 58 12 ! 8 -1 _15 - 14 21 173 65 go jib 44 __j,� 8,942 3 - 106 425 i63 1999 GI ------ -- -- CITY PARK NINE q-HQLE9-HOLE __ TWILIGHT JR. PRIME R PRIME N/R NON -PRIME January 3 -103 -447 February— - ___180 ____12_6 -1,056 April _166- _96- 551 20- 1,664 _662 May 164 _85 161 1,596 June 284 - 304 11.504 54 1,804 July 336 340 -1-6131 115 1,860 August 318 _M6 -it.6-3-7 -85 41 1,680 1,306- S eF - --66 _65 9 October 217 -159 108 1,697 November � 60 December 65 F COURSE DAILY FEE PLAY RECORDS 18 HOLE COUPON/DISCOUN TS PUNCH CARD TOURNAMENTS RIME R PRIME NIR NON -PRIME 9 18 9 18 9 18 TOTAL 22 30 44 - 2 -10 ____24 - 1,495 63 78 93 _8 127 4 2.405 - 49 8 71_ _97 i7 146 _ 2.090 96 --- 22 - 16 16_ _3 223,999 22 105 7 46 - 69 15 569 18 92 - 4.M 61 19 38 93 V _221 548 12 36 137 5,i13 -49 432 6 �2 _4J16 �o 4 29 . - 12 308 26 122 zi,�44 99 36 11 142 _1 2,31i 36 27 10 85 1 1,446 25 - 211 47 ___ 3 6w 59 CITY PARK NINE 9-HOLE TWILIGHT 61 ____82_ 17 & kinder -61 --56- 2000 GOLF NP.-62+ 58 70 --- - - - 102 133 191 244 M 249 ------ 171 - M 32 25 1,661 COURSE PRIME - ---- - 72 113 143 --- i5i 58 99 �ZCI 6:: DAILY FEE 18 HOLE NON -PRIME 44 --- - - - 29 -- ---- 36 23 29 26_ 37 19 37 2 0 4 - 336 PLAY RECORDS N.P. - 62+ 3 1 3 __4 4 7 36 I F COUPON/ SCOUNTS PUNCH CARD 9 18 44 4 66 6 ____173 361 4 __422 422 9 418 11 2:A j� 130 7 24 2,358 63 PRIME 9-HOLE NON -PRIME 505 - -- - 738 TOURNAMENTS 9 - U2 72 j66 57 64 18 - 135 TOTAL January - - Felbruary March A13 June J-Uly August September October November December Total 9 23 85 61 141 76 61 60 A 7 4 3 573 18 8 5 __ 5 29 14 14 117 8 8 3 119 1,040 1,622 4.i8i 4,689 4,964 3,362 2,018 330 380 - 16if 263 _1�5 254 246_ 327 233 37- 34 2,002 __68 219 334 328 -- * 12-4 84 ___13 23 6 04 940 _-1.655 - 1,562 _1 M 1.499 1,059 - 47 ---- --- 1,069 1,242 1,488 1,715 1,613 11.821 ---1,273 - 1.334 266 201) 13,198 440 GOLF COURSE ANNUAL PASS PLAY RECORDS COMPARISON 1994-1998 CITY PARK NINE 1994 546 --- - 102 1995 596 --- 722 - 1996 288 - 512 690 -- 1997 128 340 7W -- - 1998 509 731 563 FEE -Unrestricted 9_hole 18-hole 76 8 85 14 48 8 FEE -Restricted NO FEE -Unrestricted NO FEE -Restricted 9- hole 18=hole 145 2 -- - - -- . . 212 4 193 21 --hole 142 199 118 18-hole 12 18 6 9-hole 118 - --- - 183 144 18-hole 6 --- 16 25 January - y February ---- March 919 910 April May 1,190 1,657 1,021 1,031 972 1,149 828 1,284 1,032 1,084 113 144 22 12 14 240 270 323 15 7 317_ _305 313 38 272 15 13 19 47 46 286 275 June 1,825 1,476 1,179 1,430 1,177 178 9 July 1,531 1,305 1,220 1,174 1,230 200 150 _43 39 33i 7 266 36 298 34 August 1,537 1,358 1,162 1,196 1,192 324 11 275 64 301 28 September 1,370 1,013 991 1,078 1,063 113 18 326 15 219 58 296 16 October 1,075 830 743 669 777 _ 71 -- 6 -- 5 221 - 156 9 180 --- 113 11 - 5 259 --- 191 20 16 November 641 657 561 0-3 53242 -- - ---- 4 December 752 487 562 345 153 8 - 51 3 34 2 53 2 Total 13,145 11,4 66 10,029 9,703 1 10,043 1,228 189 1 2,702 1 116 2,481 354 2,781 192 GOLF COURSE ANNUAL PASS PLAY RECORDS COMPARISON 1995-1999 - FEE -unrestricted 1 4 11 63 FEE-Re5tricted --- 127 223 601 NO F nr •tri t d NO FEE -Restricted CITY PARK NINE -- 1995 596 722 1996 - 288 512 - - 6 690 12E -- - 128 340 -- -- 738 1998 - 509 731 -- - - 563 1999 --- _ 406 734 930 9-hole - 26 83 - 280 261 g hole 18 hale 9-hole -18-hole Janus February 12 _ 6 38 100 183 - - - - 13 16 114 184 13 35 - March 910 April _ 1,021 972 1,149 1179 - -- 1,220 1,162 _ 828 1,032_ 415 23 May - June _y 1,031 1,284 --- - 1,430 --- 1,174 - 1,196 -- 1,084 1,177 _762 1,130 - 1,336 -402 510 72 74 634 744 22 _8 -- - - -- - -- - --- 1,476 - - Jull _ 1,305 1,358 1,230 1,192 -- 1,329- 1,427 ----5 53 463 - - 55- 62 - - 870 32 9 August September October 1,013 830 657 487 991 743 561 562 1,078 669 493 345 1,063 1,070 893 837 573 321 223 209 160 67 673 777 532 153 26 54 15� . 638 562 391 6 12 7 November December Total 11,406 1' 10,029 I, 9,703 10,043 1 11,427 1 3,491 504 1 6,587 1 187 j 283 29 298 1 48 GOLF COURSE ANNUAL PASS PLAY RECORDS COMPARISON 1996-200-0 - FEE -Restricted - FEE Unrestricted -_ FEE Restricted - FEE•Unrestricted -.. --- - - CITY PARK NINE January - Februa_ry March 1996 288 - 512 690 1997 128 - 340 738 -- 828 1284 -- 1998 509 --- 731 563 1 032 -1,084 -- 1,177 1,230 1192 1 063 777 532 - 153 1999 9-hole 126 - 266 280 261 - 4 402 18-hole 14 20 11 63 --- 72 74 55 62 -- - 67 26 -5 54 15 9 hale 241 - 407 601 415 - 634 --- 744 709 870 -- 673 638 - 562 391 361 18-hole 2000 -1 683 - 989- 880 1,313 -- 1 486 9-hole �88 - _ 275 274 _ _ 475 �597 I 644 569 464 382 -_362 72 65 18-hole -_. 9-hole 18 hole 406 734 930 762 - - 1,130 25 - 41 38 23 - 22 44 -- i 38 1 39 66 61 93 101 132 53 41 - - 1 - 3 1 438 -- 663 547 -- _ 758 791 910 762 965 -- - 671 591 -164 ---- 193 � 13 _ 13 20 _ 14 37 ---- 12 10 t1 9 3 _- 2 - 6 April 972 --- 1,149 - a May_ June 1 179 1,220 1,162 1,430 1,174 1196 1.336 1,329 1,427 - -- � 510 I 553 _463 321 223 - - 8 12 32 1,659 1,442 1512 -1- 15 937 July August -- September - - 991 - 1 078 669 493 - 1,070 893 -- - - 9 6 October -- November -- 743 -- 561 - 837 ---- 573 I _- -- 12 239 - 67 267 December 562 345 160 -- 7 Total 10,029 1 9,703 1 10,043 i 11,427 I 3,774 1 533 1 6.885 235 12,522 ! 4,307 672 1 7,393 i 150 GOLF COURSES ANNUAL PASS SALES RECORDS Comparisons for 1995 - 2000 CATEGORIES 1995 1996 1997 1998 1999 2000 2000 Single Adult 119 378 415 363 364 349 146 203 Age 17 & Under N/A N/A N/A N/A N/A 97 17 80 Age 75 & Over N/A N/A N/A N/A N/A 79 62 17 Junior (Age 18 & Under) 49 78 91 82 100 N/A N/A N/A Super Senior (Age 80+) N/A 25 32 31 31 N/A N/A NIA Senior (Age 62 & Over) 255 N/A N/A N/A N/A N/A N/A N/A Student/Young Adult 15 NIA N/A N/A N/A NIA N/A N/A FAMILY 21 N/A N/A N/A N/A N/A N/A N/A First Adult 21 N/A N/A N/A N/A N/A N/A N/A Second Adult/Spouse 11 N/A N/A NIA N/A N/A N/A N/A 1 st Child 12 N/A N/A N/A N/A N/A N/A N/A 2nd Child 3 N/A N/A N/A N/A N/A N/A NIA 3rd or More 0 N/A N/A N/A N/A N/A N/A N/A TOTAL 459 481 538 476 495 525 225 300 Beginning in 1996, Annual Passes were restructured to create a multitier system. We eliminated the categories of Senior (Age 62 & Over), Student/Young Adult (Age 24 & Under), and all Family pass categories including Spouse. We then had only three categories of passes, which were Single Adult, Junior (Age 18 & Under), and "Super Senior" (Age 80 & Over). Beginning in 2000 the three categories are now called Single Adult, Age 17 & Under, and Age 75 & Over. 1998 GOLF CAR BREAKDOWN CITY PARK NINE 9 Hole L§7Hole 9 Hole enior MedlSing 18 Hole Regular $ 20.00 18 Hale Senior $ 15.00 18 HoleRegular Med/Sing $ 10.00 __Sales_ - Tax Total O[her Total Ci[y__ _ $12.00 $9.00 ( $6.00 January _�� - 100.00 45.00 - 388.06 k_745.00 _ 363.76 { 698.49 :0 24.24 46.51 145.OU 386.66 745.00 1 518.00 2,589.00 3,759.00 February 204.00 27.00 _ ! 12.00___ March 504.00 90.00' 108 00 36.00 96.00 100.00 200 0010.00 - __- 110.00 130 110 q35 - April 1,104 00 00 00 -- 40.00 - 44.50 4 50 6 00 1,518.00 2,589.002 3,759.00 -- 4812.50 4353.00 1 423.24 427.32 3,524.11 4 512.00 4081.20 94.76 161.68 234.89 May _--_-_ June 1,728 00 2,352 00 369 00 580 50 42.00 102 00 --- 1 150 00 132 00 72.00 24.00 420 00 520 00 1,100 00 July _ __ 2,856 00 2,796.00 1,908.00 1,020.00 567 00 594.00 486.00 135.00 300.50 271.80 --September 187.32 100.16November 31.59 4,812.50August 4,353.00 3,000.50 506.00 680 00 460.00 42000 4.50 4.50 --- 3,00050 1,603.50 506.00 --- 2 813.18 1 503.34 474.41 October 360.00 90.00 j 6.00 40.0010.00 - December 84.00 72.00 6.00 40.00 202.00 189.40 12.60 202.00 TOTAL _� 15,012.00 3,127.50 678.00 1- 4,120.00 1_510.00 1 110.00 1 64.00 1-23,621.50 22,146.39 1,475.11 23,621.50 lqqQ GOLF CART BREAKDOWN CITY PARK NINE 9 Hole 9 Hole 9 Hole 18 Hole 18 Hole 18 Hole - - ----- - Regular $12.00 - Senior $9.00 -- - MedlSing $6.00 Regular $20.00 - Senior $15.00 --8---- MedlSingl $10.00 ----- Other _ T__otal City _ --- _Sales_ Tax- ----- _Total _ January --- February March __ April May - - - 60 00 - --227-63 - 243.00 757.00 709.11 1,115.65_ 47.89 75.35 .00 757.00 _1,191.00 1,174.00 2,943.00 3,692.50 4,706.50 4,180.50 3,186.50 1,544.00 1,072.50 553.00 396 00 732 00 72 00 _135 00 108.00 369.00 580 50 562 50 558.00 414 00 193 50 243 00 81 54.00 84.00 54.00 66.00 1 120.00 -- - ' _ 102.00 162.00 102.00 64.00 _ 100.00 220 00 206.00 480.00 420.00 75.00 - - - 90.00 -20 00 20.00 - 10.00 -_ - 50 00 10.00 _ _ 10 00 _ - _ 288.00 - _. .. 225.00 8.50 4.50 4.50 19.50 1 191.00_ 1,174.00 _2,943.00 3,692.50 4,706.50 4 180.50 3,186.56 1,544.00 ____1,072.50 553.00 792 00 1,740.00 t,099.72 2,755.53 3,458.79 I 4,408.58 3,915.86 1 - 2,664.65 1,446.25 `4 1 004.60 517.99 74.28 187.47 233.71 297.92 264.64 201.65 97.75 67.90 35.01 June -. - -- July _ 2,472 00. --- 2 952.00 2,692.60 2,136 00 740.0 0 460.00 500.00 100 00 ----- 75 00 150 00 moo 60.00 gjgust September October 1,092 00 November 672 00 78.00 60.00 December 40800 .00 24.60 40.00 __ _ - __ - _ - TOTAL 16,452.00 f- 3,361_50 L960.00 1 3,260.00 I- 480.00 I 180.00 } 550.00 1 25,243.50 1 23,644.56 1,598.94 25,243.50 2000 GOLF CART BREAKDOWN CITY PARK NINE 1 9 Hole Regular $13.00 9 Hole 62+ Med. ------ $10.00 9 Hole Med/Sing) ----- $7.0o 18 Hole Regular -- I $21.00 18 Hole 62+ Med._ - $16.00 18 Hole MedlSingl $11.00 Other --------- Total _.------ - Cily _ Sales Tax Total anua__- February468.00 ---' March _ - 100.00 - 110.00 I- 84.00 ---- 2100 --------._..b- _ --J------I.. 11.00 22.00 _. .. 684.00 i 640.28 945 00 �.-- 884.59 _2,075.001 1,942.40 4,613.00 4,318.33 5 203 00 I 4 870.36 6,512.50 (_ _ 6,096.61 _5 316 50 4,976.84 4,158.50 : 3,892.76 2 138 00 2,001.39 388.00 363.22 i 281.00 I 3.04 26 4372 _ 60.41 132.60 294.67 332.64 415.89 339.66 265.74 136.61 - 24.78 _17.96 _AO 684.00. _ - 945.00 2,075.00 4,613.00 5,203.00 6,512.50 5,316.50 4,158.50 _ 2,138.00 388.00 281.00 533.00 154.00 126.00 - 1 1 235.00 380.00 620.00 690.00 70090 900.00 175.00 1 189_00 I _ 280.00 217.00 1 217.00 252.00 336.00 630 00 756 00 273.00 - ___ - 144.00 _ 48.00 64.00 48 00 32.00 _ 48 00 _ 33.00 - _April May June July_ August 3,302.00 _ _ 3,484.00 4,478.50 3,861.00 -22.00- 11.00 22.00 11.00 11.00 I -� I 60.00 275.00 6.50 September October November December 2 964.00 1 495.00 740.00 310.00 _ 30.00 20.00 1 154.00 154.00 I 231.00 1 126 00 168.00 163.00 26.50 5 00 169.00 156.00 21.00 42.00 1 � TOTAL 122,43150 14,640.00 11,729.00 1 3,024. 400.00 I 154_00 1 373_00 _ 32,751.50 1 30,658.90 2,092.60 32,751.50 PROPOSAL QUESTIONNAIRE INFORMATION Attached you will find the "Proposal Questionnaire." You will need to answer all seven questions on one side of 8-1/2" x I I" paper only, per question. We have determined that you must answer each question with no more than 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 seven pages, you may also provide one 8-1/2" x 11" supplemental page (one side only) to provide additional information or to further answer any of the seven questions which you could not do within the one page limitation. You may also attach a copy of your 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 to the interview a copy of tangible proof of your financial ability to perform as the City Park Nine Golf Professional/Concessionaire. You will need to provide the Manager of Golf with at least three (3) references prior to the interview that we may contact regarding your qualifications. The City will also conduct a background screening procedure on the finalists and you will need to provide a signed authorization form to allow that screening to proceed. Review and Assessment Respondents will be evaluated on their written answers to the following seven 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 seven 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 seven questions is 75 points. In addition, we have assigned a 5.0 "weighting factor" to the Annual Payment Schedule Statement, meaning it has a maximum total of 25 points (also on a 1 to 5 scale) by itself. Therefore, the maximum grand total of points to be achieved is 100. 1 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. O'Neill II, CPPO, Director of Purchasing and Risk Management, 970.221.6775. a s B. O'Neill, II, CPPO rector of Purchasing and Risk Management 2 Proposal Questionnaire Question 1 -- What are your qualifications and personal attributes that related to your performance of our defined services? (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 conditions, needs or requirements do you see at City Park Nine, and how will you deal with them (i.e., marketing strategy, niche customers, maintenance staff, special issues, etc.)? (Weighting Value of 1.0) Question 4 -- What are your plans and related strengths and weaknesses to operate the City Park Nine 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 2004? (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 1.0) Question 7 -- What is your experience with, and how do you plan to provide concession services at City Park Nine in the following areas: A. 3.2 beer; B. non-alcoholic beverages; C. food services? (Weighting Value of 3.0) Additionally -- Annual Payment Schedule Statement (to and/or from the City). (Weighting Value of 5.0) 2 GOLF SERVICES AND CONCESSION AGREEMENT CITY PARK NINE GOLF COURSE FORT COLLINS COLORADO February _, 2001 TABLE OF CONTENTS ARTICLE 1 Golf Services............................................................................................................1 ARTICLE 2 Grants of Concessions..............................................................................................I 2.1 Grant of Pro Shop and Driving Range Concession.................................................1 2.2 Grant of Snack Bar Concession...............................................................................I ARTICLE3 Concession Space.....................................................................................................2 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......................................................................................................................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 ARTICLE7 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...........................................................................................................7 ARTICLE 8 Fee For Services/Fee For Conducting Business......................................................8 8.1 Golf Services Receipts.............................................................................................8 8.2 Golf Services Fee.....................................................................................................8 8.3 Concession Fee........................................................................................................8 8.4 Capital Improvements..............................................................................................8 8.5 Driving Range Payments.........................................................................................8 8.6 Time of Payment......................................................................................................8 8.7 Interest on Past Due Amounts..................................................................................8 8.8 Method of Payment..................................................................................................8 ARTICLE 9 Utilities, Maintenance and Janitorial Duties............................................................8 9.1 Utilities.....................................................................................................................8 9.2 Maintenance and Repair..........................................................................................9 9.3 Cleaning and Janitorial............................................................................................9 ARTICLE 10 Acceptance and Trade Fixtures................................................................................9 10.1 Concession Space, City Equipment and Fixtures..................................................10 10.2 Acceptance.............................................................................................................10 10.3 Installation of Equipment and Trade Fixtures.......................................................10 10.4 Removal of Equipment, Trade Fixtures.................................................................10 10.5 Title to Improvements............................................................................................10 10.6 Applicable Law......................................................................................................10 ARTICLE 11 Damage by Contractor...........................................................................................11 ARTICLE 12 Total or Partial Destruction....................................................................................11 12.1 Concession Space or Other Major Component Rendered Untenantable..............................................................................11 12.2 Concession Space Only Untenantable......................................................................11 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............................................................................................12 ARTICLE 13 Indemnification and Insurance...............................................................................12 13.1 City's Liability...........................................................................................................12 13.2 Indemnification.........................................................................................................12 13.3 Patent Representation................................................................................................12 13.4 Contractor Insurance.................................................................................................13 13.5 Precautions Against Injury ........................................................................................13 13.6 Failure to Insure........................................................................................................13 1 ARTICLE 14 No Interest in Real Property..................................................................................13 ARTICLE15 Assignment............................................................................................................13 ARTICLE 16 Right of City to Enter, Inspect and MakeRepairs.................................................................................13 16.1 In General..................................................................................................................13 16.2 Obstruction by City...................................................................................................14 16.3 Obstruction by Contractor.........................................................................................14 16.4 No Eviction or Abatement........................................................................................14 ARTICLE 17 Default, Rights of Termination..............................................................................14 17.1 Default by Contractor...............................................................................................14 17.2 Cities Remedies on Default.......................................................................................15 17.3 Rights and Remedies Reserved.................................................................................16 ARTICLE 18 Miscellaneous Provisions.......................................................................................16 18.1 Cumulative Rights....................................................................................................16 18.2 Non-Waiver...............................................................................................................16 18.3 Non -liability of Individuals Other than Contractor..................................................16 18.4 Limitations on Use....................................................................................................17 18.5 Governing Law.........................................................................................................17 18.6 Benefits.....................................................................................................................17 18.7 Construction..............................................................................................................17 18.8 Successors and Assigns.............................................................................................17 18.9 Headings...................................................................................................................17 18.10 Attorney Fees...........................................................................................................17 18.11 Contract Documents, Entire Agreement..................................................................17 18.12 Severability..............................................................................................................17 18.13 Surrender of Possession...........................................................................................18 18.14 City Representative..................................................................................................18 18.15 Notices.....................................................................................................................18 18.16 Schedules and Exhibits............................................................................................18 18.17 Force Majeure..........................................................................................................18 18.18 No Limitation on General Powers...........................................................................18 18.19 No Relationship.......................................................................................................19 18.20 Personal Services.....................................................................................................19 18.21 Survival....................................................................................................................19 1 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 day of February, 2001, 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 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. 1 ARTICLE 4 Contractor's Use of the Concession Space 4.1 In General. Subject to other limitations expressed in this Agreement, the City grants to Contractor the right to exclusive use of the Concession Space and the right to use in common with others the public areas of the Golf Course, in conjunction with its operations under this Agreement, in such spaces and manner as may be prescribed by the City. 4.2 Designation of Smoking Areas. The City shall designate smoking and non- smoking areas of the Concession Space in compliance with the applicable Fort Collins City ordinance. 4.3 Restriction on Items Offered for Sale. In no event shall Contractor offer for sale or otherwise supply smoking instruments or tobacco at the Golf Course. 4.4 Compliance with Applicable Law. The Contractor agrees to comply fully with all applicable state and federal laws and regulations and municipal ordinances, as well as all rules and regulations adopted by the City or any of its Boards, Service Areas, Divisions or Departments having jurisdiction over the Golf Course. ARTICLE 5 Rights of Ingress and Egress 5.1 In General. The Contractor shall have the right of ingress and egress to and from the Concession Space for Contractor's employees, agents and invitees to the extent reasonably necessary in connection with the conduct of Contractor's business under this Agreement. Areas designated as restricted areas by the City shall be excluded. 5.2 Closures. The City may, at any time, temporarily or permanently, close or consent to or request the closing of any roadway or any other way at, in or near the Golf Course, presently or hereafter used as such, so long as reasonable and safe means of ingress and egress remains available to Contractor. ARTICLE 6 Undertakings of Contractor 6.1 Service. Contractor agrees: 6.1.1 The Contractor shall furnish and pay for all equipment, except as otherwise provided by the City pursuant to Article 10, all goods, labor, transportation, supervision and services necessary to provide services in accordance with this Agreement. 6.1.2 Contractor acknowledges the desire and obligation of the City to provide a high level of service to the public. Therefore, Contractor agrees to offer for sale from the Concession Space only high quality 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 modern professional golfing and management 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 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 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. 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; BACKGROUND INFORMATION The City of Fort Collins is the owner and operator of the City Park Nine Golf Course located at 411 South Bryan Avenue, Fort Collins, CO 80521. The Cultural, Library, and Recreational Services area Golf Division administers City Park Nine for the City and desires to grant to a PGA "Class A" member Golf Professional (or equivalent) in good standing a contract for services to manage and supervise the golf operations, pro shop functions, and food and beverage concessions at City Park Nine for the remainder of the year 2001 with possible annual renewal options for the years 2002 through 2004, with a possible extension of the original four-year term for up to five additional years if performance is satisfactory and subject to City Council approval. The management and supervision of the golf operations, pro shop functions, and food and beverage concessions 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 cart preparation and rentals, golf lessons/instructions, collection and accounting of City fees and charges, sale of golf merchandise and services to customers, golf club repair, tournament coordination, overall clubhouse management, clubhouse janitorial services, snack bar concession services, daily cleaning of all outside entrance areas and golf cart staging area, and all other golf related operations except for course maintenance. The Golf Professional/Concessionaire provides all employees and volunteers necessary to facilitate the full and efficient use and management of the golf course operations as described; and the Golf Professional/Concessionaire owns and sells golf merchandise and services, the food and beverages, and operates the driving range through an exclusive concession granted by the City. In this contract for services, the Golf Professional/Concessionaire collects all revenues received at City Park Nine on a daily basis. The Golf Professional/Concessionaire accounts for and forwards to the City all revenues generated from green fees, annual passes, tournament fees and City tournament reservation fees, powered -golf cart rentals, surcharges, private golf cart usage fees, City building rentals, reservation fees, and other such fees set by the City. The Golf Professional will keep all non -City revenues generated from the sale of golf merchandise, golf instructions/lessons, pull cart rentals, tournament service fees, golf club cleaning, rental and repair, food and beverage sales, and the driving range. The Golf Professional shall be the owner of all merchandise, rental clubs, club repair equipment, range balls, pull carts, and food and beverages. It should be understood that all course monitoring, daily golf cart preparation services, clubhouse janitorial service costs, and food and beverage vending costs are to be borne by the Golf Professional/Concessionaire as a part of this contract for services. With regard to the course monitoring, the City desires that the Golf Professional include whatever is necessary to i 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 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. 6.6 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 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 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. 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 February_, 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. 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 $ in 2001; $ in 2002; $ in 2003; and $ 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. 8.3 hereunder, City Concession Fee. For the privilege of conducting the concession operations and the exclusive use of the Concession Space, the Contractor shall pay to the 8.4 Capital Improvements. 8.5 Driving Range Payments. 8.6 Time of Payments. The Contractor shall pay the Concession Fee on a monthly basis but, in no event, later than fifteen (15) days after the first day of the next month. 8.7 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. 8.8 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 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 and State of Colorado. 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 of the 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 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. 10.1.6 Pro Shop Carpeting. 10.2 Acceptance. On the date of commencement of this Agreement, Contractor shall acknowledge that it accepts the Concession Space as well as any City equipment and fixtures "as is." 10.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit "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 and regulations 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. ARTICLE 12 Total or Partial Destruction 12.1 Concession Space or Other Major Co=onent 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 1 the other party within thirty (30) days after the City's determination of untenantability or unusability. 12.1.2 In the event neither the City nor Contractor shall elect to terminate this Agreement, this Agreement shall continue in full force and effect; and the City shall repair the Concession Space, Clubhouse, or golf course excluding Improvements or equipment, signs, trade fixtures or other personal property installed by Contractor, with all reasonable speed, placing the same in as good a condition as it was at the time of the damage or destruction. 12.2 Concession Space Only Untenantable. In the event of destruction rendering only the Concession Space untenantable, the City shall endeavor, but not be obligated, to make substitute premises available for Contractor's use. During any period of use by Contractor of such substitute Concession Space, the City may 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. 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 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 "J", which is attached hereto and incorporated herein by this reference. 13.5 Precautions Against Injurv. The Contractor shall take all necessary precautions in performing the operations hereunder to prevent injury to persons and property. 13.6 Failure to Insure. Failure of Contractor to take out and/or maintain, or the taking out and/or maintenance of any required insurance shall not relieve Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations on Contractor concerning indemnification. ARTICLE 14 No Interest in Real Property Contractor agrees that this Agreement constitutes merely a right to use and occupy the Concession Space for a limited purpose and does not create or convey to Contractor any interest in real property. ARTICLE 15 Assignment The Contractor shall not assign this Agreement, sublet or otherwise allow any person to take possession of all or any portion of the Concession Space without prior written consent of the City nor permit any transfer by operation of law of Contractor's interest created hereby, other than by merger or consolidation unless approved by City. ARTICLE 16 Right of City to Enter, Inspect and Make Repairs 16.1 In General. City and its authorized employees, agents, contractors and other representatives shall have the right (at such times as may be reasonable under the circumstances and with as little interruption to Contractor's operation as is reasonably practicable) to enter upon any part of the Concession Space for the following purposes: 16.1.1 To inspect such premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Contractor has complied with and is complying with the terns 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, 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 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. reasonably facilitate our "Slow Play Policy" as slow play is one of our major concerns. Also, City Park Nine is a "spikeless" golf course. THE COURSE AND HISTORY City Park Nine is a regulation size 9-hole golf course, built as a WPA Project in circa 1940, and was originally operated by the Fort Collins Golf Association. The City took over the total operations of the course in 1970. The course plays 3,335 yards from the back (blue) tees, 3,054 yards from the mid (white) tees, and 2,632 yards from the forward (red) tees, and is a par 36. In 1999 and 2000, an average of 44,300 total rounds of golf (including both 9 and 18 hole rounds) were played, with an average of 12,000 of those rounds played by annual pass card holders and the remainder green fee rounds; with less than five percent of the total rounds being 18-hole rounds. Golf facilities include a 'short' driving range, putting green and a well maintained golf course. The clubhouse building, which was rebuilt in 1988, includes a lounge, kitchen, and snack bar area, and a complete service pro shop where the starter operations are performed. There is also an office and club repair area GOLF PROFESSIONAL/CONCESSIONAIRE FEES REVENUES AND PAYMENT The previous Golf Professional/Concessionaire at City Park Nine Golf Course served in that capacity since February 1997, and has now become the Golf Professional/Concessionaire at SouthRidge Golf Course, effective January 1, 2001. He is continuing to provide staff and golf services at City Park Nine until a new Golf Professional/Concessionaire is hired. The City of Fort Collins has paid (as per the RFP bids) the following annual amounts, as a Fee For Services to the previous contractual Golf Professional/Concessionaire since 1997: 1997 1998 1999 2000 $43,000 $44,720 $46,500 $48,350 For comparative purposes only, the previous contractual Golf Professional/Concessionaire provided to the City the following unaudited figures as being generally representative of his average annual gross revenues generated at the City Park Nine Pro Shop, Driving Range, and Snack Bar during the past three years under similar circumstances: 1998 1999 2000 Shop Sales $121,029 $124,001 $127,154 Driving Range 43,542 45,536 51,817 Food/Beverage 30,584 32.161 36.551 Total $195,155 $201,698 $215,522 The City makes no representation or guarantees as to the accuracy of the revenue figures as provided by the Golf Professional/Concessionaire. 2 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 Citv'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 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. ARTICLE 18 Miscellaneous Provisions 18.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy available to the City, or Contractor, at law or in equity, and the exercise of any remedy, or the existence herein of other remedies or indemnities shall not prevent the exercise of any other remedy. 18.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to it by virtue of the breach of any covenant, condition or agreement herein by the other party shall not operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by such other party, nor shall such other party be relieved thereby from its obligations under the terms hereof. 18.3 Non -liability of Individuals Other than Contractor. With the exception of Contractor, no director, officer, agent or employee of either party hereto shall be charged personally or held contractually liable by or to the other party under any term or provision of this Agreement or of any supplement, modification or amendment to this Agreement because of any breach thereof, or because of its or their execution or attempted execution of the same. 18.4 Limitations on Use. Contractor shall not use, or permit the use of the Concession Space, or any part thereof, for any purpose or use other than those authorized by this Agreement. Neither shall Contractor permit nor suffer any disorderly noise or nuisance whatsoever about the Concession Space or 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. 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-_)/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 Park Nine 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. 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 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. 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: City Clerk APPROVED AS TO FORM: Carrie M. Daggett Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation James B. O'Neill, II, CPPO Director of Purchasing and Risk Management Contractor: EXHIBIT A 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 golf professionals, 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. 1 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 Contractor may retrieve and own any abandonded golf balls 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. IV. 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. 1 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. 1 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 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. 1 EXHIBIT 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 tern 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"). 1 As a part of his proposal to the City, the previous Golf Professional/Concessionaire agreed to pay to the City 50 percent of all income generated by the driving range exceeding $31,200 in 1998; exceeding $32,448 in 1999; and exceeding $33,746 in 2000. He also paid 100 percent of the cost to replace the Pro Shop carpeting as per his proposal. From 1988 to 1992, the City independently bid out the City Park Nine Snack Bar Concession operation which generated between $35,000 to $41,000 gross revenue per year in food and beverage sales. Four different contracted concessionaires operated the snack bar during that period of time, and all four of them terminated their agreements with the City because the snack bar operation was not profitable to them. Because the City felt no vendor would agree to independently operate the snack bar, we combined the concession operation (including 3.2 beer sales) into the contract of the Golf Professional, starting in 1993, allowing him to provide whatever food and beverage services he felt appropriate. He chose to bring in vending machines and offered beer and pop/candy services only. It is the desire of the City to hopefully someday return to a full -service snack bar operation in the future if at all possible, and 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 Golf Professional/Concessionaire 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 Golf Professional/Concessionaire may desire to re -open the snack bar full-time during at least the peak season, and part-time for special events and throughout the balance of the year. We will require, however, that the successful Golf Professional/Concessionaire proposal at least 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, packaged food, 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 Golf Professional/Concessionaire 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. The Golf Professional/Concessionaire may utilize under either scenario all of the City -owned Inventory of Snack Bar/Restaurant Equipment noted in Exhibit "H" in the attached draft Agreement. The previous Golf Professional/Concessionaire paid to the City $200 per month/$2,400 annually since 1997 (as per RFP bid) for his limited food/beverage concession sales. ATTACHED INFORMATION/DATA Attached are copies of the City Park Nine scorecard, the City Park Nine "Slow Play Policy" and "Course Pace Rating" information, the "Policy Statement on Golf Staff Usage at City Golf Courses," the 2001 Golf Fees and Charges Schedule, City generated revenues, and golf play statistics and golf cart rental data at City Park Nine from 1998 to present, for your information and reference. 3 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's character or suitability are reasonably in question based upon the information obtained in connection with a background investigation. The City may, in its discretion, object to any assignments of personnel to positions of trust by 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 laws applicable to such investigations. Contractor shall be responsible for assuring that any 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 employee or volunteer selection or assignment for work under the Contractor Agreement with the City is made, the employee or volunteer shall complete the background check form attached to the Agreement as Exhibit E , which is titled "Disclostue to EmployeeNolunteer 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. 2. If the Contractor anticipates that the employee or volunteer will operate any vehicles or City equipment in providing services to the City, a driving record check shall be conducted in addition to a criminal check. The driving record check will be completed at the same time as the background check. 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 DISCLOSURE TO EMPLOYEENOLUNTEER 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/volurteer history, education, financial and credit records, public records concerning your driving record, civil and criminal court records, county, state and federal tax liens, notices of default and bankruptcies, and other records as may be appropriate. In the event that information from the report is utilized in whole or in part in making an adverse decision, effort will be made to provide you with a copy of the consumer report/criminal history and a description in writing of your rights under the federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives you specific rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document. By your signature below, you hereby authorize (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: Signature: Date of Birth: Social Security Signature of Parent or Guardian (if applicant is under age 18): Other Names Used in the Last Seven (7) Years: Previous Out -of -State Address(es) in the Past Seven (7) Years: Address City County State Zip Code Address City County State Zip Code Please list any additional addresses on the back of this page. Give this disclosure with a coyv of A Summary of Rights Under the Fair Credit Reporting Act to applicant. Retain a copy of the release for your records, and provide a copy of the release to the City of Fort Collins. EXHIBIT F (page 1 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 CRAB are credit bureaus that gather and sell information about you -- such as if you pay your bills on time or have filed bankruptcy -- to creditors, employers, landlords, and other businesses. You can find the complete text of the FCRA, 15 U.S.C. §§ 1681-1681u. 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 rind out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars. You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAB -- to which it has provided the data -- of any error.) The CRA must give you a written report of the investigation, and a copy of your report if the investigation results in any change. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change. • Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source. • You can dispute inaccurate items with the source of the information. If you tell anyone -- such as a creditor who reports to a CRA -- that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you've notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error. • Outdated information may not be reported. In most cases, a CRA may not report negative information that is more than seven years old; ten years for bankruptcies. Access to your file is limited. A CRA may provide information about you only to people with a need recognized by the FCRA -- usually to consider an application with a creditor, insurer, employer, landlord, or 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. If you request, complete, and return the CRA form provided for this purpose, you must be taken off the lists indefinitely. You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data, violates the FCRA, you may sue them in state or federal court. The FCRA gives several different federal agencies authority to enforce the FCRA: FOR QUESTIONS OR CONCERNS REGARDING PLEASE CONTACT CRAB, creditors and others not listed below Federal Trade Commission Consumer Response Center- FCRA Washington, DC 20580 * 202-326-3761 National banks, federal branches/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 * 800-613-6743 Federal Reserve System member banks (except national Federal Reserve Board banks, and federal branches/agencies of foreign banks) Division of Consumer & Community Affairs Washington, DC 20551 * 202-452-3693 Savings associations and federally chartered savings 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) Office of Thrift Supervision Consumer Programs Washington D.C. 20552* 800- 842-6929 National Credit Union Administration 1775 Duke Street Alexandria, VA 22314 * 703-518-6360 State -chartered banks that are not members of the Federal Deposit Insurance Corporation Federal Reserve System Division of Compliance & Consumer Affairs Washington, DC 20429 * 800-934-FDIC Air, surface, or rail common carriers regulated by Department of Transportation former Civil Aeronautics Board or Interstate Commerce Office of Financial Management Commission Washington, DC 20590 * 202-366-1306 Activities subject to the Packers and Stockyards Act, Department of Agriculture 1921 Office of Deputy Administrator-GIPSA Washington, DC 20250 * 202-720-7051 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 EXHIBIT G MONTHLY GOLF SERVICES FEE PAYMENT SCHEDULE EXHIBIT I CONTRACTOR -PROVIDED PERSONAL PROPERTY (TO BE PROVIDED NO LATER THAN JUNE 1, 2001) EXHIBIT J 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. $100,000/$100,000/$500,000 -- Workers' Compensation Coverage B 5. $300,000 -- Products Liability i!�nl2len > r RIPORT AUTO BODY i�nneral CEhF vel t• Domestic & Foreign Collision Repair Center Cx Where Qualify Reflects In Every Job We Do!' & Fort Collins Crematory t-.I. „ 484-3657 Milo D. Pohlentler • Gary L Bchlender 407 RIVERSIDE - FORT COLLINS. CO 80524 121 W. Olive, Ft. Collins 482-4244 Fi. Collins, Co. a r 3531 1501 2681 5381 334 355 480 401 175 13054 USGA RULES GOVERN ALL PLAY LOCAL RULES Out of Bounds: Ail boundary fences. Hole No. t 2 - tee shot left if white stakes. Hole No. 4 3 4 5, 4 4 5 4 3 36 RE.iLTY Ek CUTIYES 12 18 14 4 16 8 1 2 6 10 21.31 41 51 61 71 81 91 Out 320 105 2632 7/16 -ball right of white stakes. Hole No. 9/18 - r ball right of ditch. Ditch played as lateral water We'll Treat hazard on Hole hrs 6/15. 7/16, 8/17 and 9118. You The ► Free drop from trees marked by white stakes. Fair -Way ► Each player must have a set of clubs & hag. ► Do not drive golf cars on hills and mounds around greens and tees. ► Replace divots. rake sand traps, repair your 472-8888 ball marks on greens, & two others. 208 S. College ► Allow faster players through. ► Range ball thieves will be prosecuted ► Playing time for nine holes is 2 hours. Slow play will not be tolerated. RE.tLT The course marshal] has full authority. 4_ 3 4 5 4 4 5 4 3 36 ExE 214 S. in n 0 Accessories Interior Design �- 224-25S2 MADESHOP ollege Ave., Ft. Collins, CO White Tees/Blue Tees White and Blue Par Hole No. +OR_ 0 d m Red Tees Red Par Handicap 1•a Auro GIAss Fr. COLIiNS LOVELANd GREELEy 226-3400 663-6900 353-5388 FRONT RANGE OPEN GATT P.C. A LEAP IN THERAPEUTIC POSSMILMES 281 150 243 484 292 300 457320 105 2632 5264 Rated 70.0 4 3 1 4 1 5 4 1 4 5 4 3 36 72 slope 123 141161 121 2 1 10 1 4 8 1 6 18 1 227-1820 PHOTO IMAGING vad2111A South College Ave. • Ft. CollinsdA" p�i0r0s `" &a4vw& per° Noon of Universmt Mail Park Central Ligrae. 3 4 7 � HODS 5 8 only Beverages 6 Purchn• City p to are Al, at JScnrecardsbr Weclem Specialty Pmducls.lne.•1-900-275-7445•PmoerNef W.S.P.. Inc. daus I,- C;ry Park film, FIREARMS p. RELOADING EQUIPMENT GUNeOME G ¢_s>- . POLICE SUPPLY Come In And See: •Newly Remodeled! •Increased Inventory ! •Same Friendly Faces! 'r 1624 S. LEMAy . 224-5.855 Llany„6•rn Is used In mnlaining N2,egzlario a L�zg llromse.11 you .yy. are inla+size n of .. almn ag sing the rypx ar use of s ch m mials [coon thegc4 mursx •up.nr. ntlz n at 2216653 r'M1 IN�factuzed Hone Cc=unity re Ownedljomes �J ,f `J 2211 W. Mulberry • Ft. Collins CRITERIA FOR PROPOSAL AWARD The proposal will be evaluated as follows: 1. A Five -person City Park Nine Golf Professional/Concessionaire RFP Review Committee, composed of two members from the City of Fort Collins Golf Advisory Board, one member from the City Golf Division staff, one member from the City of Fort Collins Purchasing staff, and one outside person appointed by the Director of Purchasing, will review all written proposals. Using a point evaluation system for grading each proposal, the committee will rank each proposal in numerical order. 2. The top ranked proposers may be interviewed and the committee will rank the interviews using criteria and potential questions regarding background and experience of the Golf Professional/Concessionaire and staff, the ability of the Golf Professional/Concessionaire to operate as per the scope of the proposal, and the financial circumstances of the proposal including ability to perform and cost to the City. 3. The Manager of the Golf Division will check the references and perform a background screening of the top ranked individual/firm. If the references and background screening are acceptable, an Agreement 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 (6 copies) 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. 4 City of Fort Collins a",dr-dc.,H. GOLF DIVISION SLOW PLAYPOLICY 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 (defingd as staying in position). Your group should play within a 1/2 hole of the group ahead of you. 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. Two slow play warnings per round violate our slow play policy, and playing privileges may be suspended. 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 accommodations for access to City services, programs, and activities and will make special communication arrangements fi)r persons with disabilities. Call (970) 221.6650, TDD /7TY (970) 224-6002 for assistance. 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 cart, drop off your partner at his / her ball and proceed to yours; park your golf cart 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 9 holes of golf in "two hours or less" are that you have had fun, and you have ensured that all the people behind you have also experienced a round of golf without undue delay. . Slow Play Policy . Course Pace Rating . Quick Play Tips City Park Nine Golf Course 411 S. Bryan Avenue Fort Collins, Colorado 80521 (970) 221-66.50 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 City Park Nine Golf Course TEE 1 2 3 4 5 6 7 8 9 TOTAL HOLE TIMES TIME (Minutes to :13 :09 :12 :17 :11 :15 :17 :16 :10 play each hole) 2 HOURS CUMULATIVE TIME :13 :22 :34 :51 t 1:02 1:17 1:34 L --- 1:50 2:00 - I I 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., and consideration of situations where carts are restricted to paths. CPR represents the amount of time a group of four should take to play each hole and proceed to the next tee. The cumu- lative times thus represents "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: (Amended January 1, 1998) 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: 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 fra 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) �= rounds of golf played per week or up to 15 &a 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))iz=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 cc -sponsored tournament to be played at the other golf course(s), employees may play f," 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 notrrying 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. Golf car usage shall be as follows: A. Full Time/Permanent/Supervisory employees, as defined by the Manager of the Golf Division, may use goif cars at no charge at the course where they work, if a reasonable number of golf cars are avaiiabie as per the judgement of the Golf Professional. For tournaments, leagues, or at the ocher 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 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 time and are not to be considered as guarantees, nor are they to be considered as a form of direct or indirect compensation. Any abuse of these privileges may result in the loss of future privileges. Dated: 6/21/95 ** Effective January 1, 1998, all Golf employees will pay the appropriate City Surcharge Fees (currently $1.00 on each 9-Hole Round and $2.00 on each 18- Hole Round) to play regular golf. Cultural, I' -ary, and Recreational Services Golf Division 2001 GOLF FEES AND CHARGES City of Fort Collins Daily Green Fees 9-Hole Prime Time 9-Hole Non -Prime Time 9-Hole Non -Prime Time Age 62+ 9-Hole Non -Prime Time Age 17 and under City Park Nine, Collindale and SouthRidge $14 $12 $9 $6 18-Hole Prime Time (SouthRidge) $22 18-Hole Prime Time (City Park Nine and Collindale) $21 18-Hole Non -Prime Time $19 18-Hole Non -Prime Time Age 62+ $14 Twilight Rate $ 8 Tournament Reservation Fee $ 2/9-Holes Tournament Reservation Fee Prime Time (SouthRidge) $4/9-Holes (Shotgun) 10-Plav Punch Cards 10-Play Punch Cards are Not Valid for Tournament Play (unless exempted); 10-Play Punch Cards have No Cash Return Value and they Expire December 31, 2001 and have no usability after that date. . 9-Hole Universal Punch Card $115 18-Hole Universal Punch Card $180 18-Hole SouthRidge Prime Time Punch Card $190 Universal Cards are good at all three Golf Courses; 18-Hole Universal Card users must add $1.00 cash for each 18-Hole usage during Prime Time at SouthRidge. Annual Passes Annual Passes are Not Transferable., Annual Passes are Not Valid for Tournament/League Play (unless exempted); 2001 Annual Passes Expire February 28, 2002; Users must have a Fort Collins Address Only. Adult Unrestricted $480 Age 17 and under/Age 75+ Unrestricted $240 Adult Restricted $375 Age 17 and under/Age 75+ Restricted $190 Annual Pass Per Plav Fees at ON Park Nine and Collindale: 9-Holes 18-Holes Adult/Age 75+ in Non -Prime Time $ 2 $ 4 Adult/Age 75+ in Prime Time $ 3 $ 5 Age 17 and under Non -Prime Time $ 1 $ 2 Age 17 and under in Prime Time $ 2 $ 4 Citv Park Nine Golf Course • 411 South Bryan Avenue • Fort Collins, CO 80521 • (970) 221-6650 (overi Collindale Golf Course • 1441 East Horsetooth Road • Fort Collins, CO 80525 • (970) 221-6651 SouthRidge Golf Course • 5750 South Lemav Avenue • Fort Collins, CO 80525 • (970) 226-2828 Golf Administration -_S1 North College Avenue • Fort Collins, CO 80524 • (970) 231-6350 Annual Pass Per Play Fees at SouthRidge: All Annual Pass Cardholders during Non -Prime Time Only $ 6/9-Holes $ 9.50/18-Holes Golf Cart Rental Fees (includes Sales Tax) Golf Carts are discounted for those golfers age 62+ during Non -Peak hours only, as posted; Individuals of any age may be eligible for discounted Golf Cart Rates with proven special circumstances such as physical/medical limitations, etc., at all times. 9-Hole Regular $13 18-Hole Regular $21 9-Hole Age 62+/Medical $10 18-Hole Age 62+/Medical $16 9-Hole Medical Single $ 7 18-Hole Medical Single $11 Private Golf Cart Usage Fees $13 Daily or $175 Season plus $100 Per Course Added Restricted and Unrestricted All RESTRICTED Annual Passes entitle the cardholder to play golf at both City Park Nine or Collindale as often as desired and as the courses are available during Non -Prime Times only; and at SouthRidge during SouthRidge Non -Prime Times only. All UNRESTRICTED Annual Passes entitle the cardholder to play golf at both City Park Nine or Collindale as often as desired and as the courses are available; and at SouthRidge during SouthRidge Non -Prime Times only. Prime Time and Non -Prime Time PRIME TIME hours at City Park Nine and Collindale, as based upon reserved/scheduled tee times, shall be considered to be in effect during the months of May, June, July, and August through Labor Day, from 12 Noon on Friday, all day Saturday, all day Sunday, all day on Holidays (Memorial Day, 4th of July, and Labor Day) , and ail day on Weekends in April (based upon course conditions) and September. All other times at City Park Nine and Collindaie shall be considered NON -PRIME TIME hours. SouthRidge NON -PRIME TIME, as based upon reserved/scheduled tee times, shall be applicable daily during the months of October through March; on Monday, Tuesday, Wednesday, and Thursday only during the month of April; 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 September. All other times shall be considered PRIME TIME hours at SouthRidge. Surcharge Fees The total Surcharge Fees for 2001 are $1.00 on each 9-Hole Round and $2.00 on each 13-Hole Round, and are already included in Daily Green Fee Rates and Annual Pass Per Play Fees. Surcharge Fee Revenues will be used for Golf Division Capital Outlay purposes only. JPBrown: 11/01/00 CITY PARK NINE REVENUES The following numbers are the Operating Revenues generated at City Park Nine Golf Course for the years 1998, 1999, and 2000. These revenues are all City revenues. The 2000 revenues are unofficial until the final audit is completed: OPERATING REVENUE SOURCE BUDGETED ACTUAL DIFFERENTIAL 1998 City Park Nine Annual Passes $ 62,424 $ 61,691 $ (733) City Park Nine Green Fees 267,000 305,475 +38,475 City Park Nine Tournament 6,000 7,195 + 1,195 City Park Nine Golf Carts 21,000 22,144 + 1,144 City Park Nine Concessions 2,400 2,400 0 City Park Nine Surcharge 38,000 40,949 + 2,949 1998 City Park Nine Total $396,824 $439,854 $ +43,030 1999 City Park Nine Annual Passes $ 65,295 $ 76,425 $ +11,130 City Park Nine Green Fees 279,000 339,457 +60,457 City Park Nine Tournament 6,000 3,918 (2,082) City Park Nine Golf Carts 21,000 23,458 + 2,458 City Park Nine Concessions 2,400 2,400 0 City Park Nine Surcharge 38,500 42,537 + 4,037 1999 City Park Nine Total $412,195 $488,195 $ +76,000 2000 City Park Nine Annual Passes $ 84,584 $ 88,189 $ + 3,605 City Park Nine Green Fees 279,000 320,847 +41,847 City Park Nine Tournament 6,000 8,487 + 2,487 City Park Nine Golf Carts 23,000 30,701 + 7,701 City Park Nine Concessions 2,400 2,400 0 City Park Nine Surcharge 38,500 47,162 + 8,662 2000 City Park Nine Total $433,484 $497,786 $ +64,302 Note: Annual Pass Revenues are attributed to City Park Nine on a rounds played ratio basis. The Surcharge is based upon $1.00 for each 9-Hole Round and $2.00 for each 18-Hole Round that is included in and then extracted from Green Fee rates and Annual Pass Per Play Fees. diff�EKAINE 0-HOLF ____F_ 1998 GOLF COURSE DAILY FEE P --- ----RECORDS COI EQUIDISCOUN - -] 9-HOL E I ____ NON -PRIME -31 39 65 42 48 0 ___65 50 38 --- - - 106 52 25 610 January Februa ry-----.- March April May J tine TWILIGHT 103 133 172 31_3 ____ 251 273 -317 JR. 44 ____52_ 161 - - 157 __59 326 Z146 368 -8-3 65 10 1,765 PRIME 985 2.049 ____ - 1 1,602 ____1,456 NON -PRIME 479 805 880 1,287 - 1.475 1 , �46 1.620 -- - 1,222 1,484 840 221 13,994_1 _18-HOLE PRIME 87 143 99 108 1137 ::7 _LO7 9 -20 24 169 129 167 __113 84 6i 45 40 14 _5 5 18 - --jr, --- - i 5 - 2 ____3 3 - 6 4 1 19 PUNCH -_ 9 --- 55 - - - 96 239 - - 440 430 484 ----- 401 3oo 117 58 12 2,648 CARD 18 - - --- - - 19 27 _15 1 - 4 21 TOURN - 9 - 173 65 60 97 July Au ust Sep 'iember October- November December Total ----318 139 50 I 1,758 - - - .092 - 8,942 1 1 3 __25 106 ,MENTS 18 TOTAL - 693 1,108 3.25i 4,653 4.666 6- 5,107 4,867 44 3,3133 2,096 1,198 332 1999 GOLF COURSE DAILY FEE PLAY RECORDS 1�ia-PARKAINF 9-HOLE TWILIGHT 9-HOLE 1 B-HOUE COUPON/DISCOUNTS PUNCH CARD TOURNAMENTS JR. PRIMER PRIME N/R NON PRIME JanuaryFebruary__ 3 103 PRIMER PRIMEN_1R_ NON -PRIME 9 18 9 18 9 18 TOTAL 126 44f---22 1,056 30 _10 615 - March 22V7 1,61 4 - 63 44 -- 2 24 1,495 April 160 66- 551 20 -662- -49 78 93 8 127 4 2.405 61 1,§13* 85 - UO -2 _22 2,090 June 264 304 -1,5-04 - - 54 1,804 105 16- 429 3 22 3,999 July - 366 -346 1_66j_ 115 1,860- 69 15 - 569 18 92 4,873 August -er-_ _i�riib 318 __N8 __�56 1,637 85 1,680 97 4 46- 93 V __23 546 12 36 137 .5,313 S a pt 60 "366 80 �29 432 9 32 4,716 October 217 108 1,697 46 368 Novenriber- 159 ____60 1,068 - 99 142 December 65 88 36 27 -- 10 85 1,446 1 2,371 1,900 1--T,-916 656 25 21 -- 47 3 1 917 33,424 2000 GOLF COURSE I lulluzi - Ela PARK N IjL E -HOLE 9-HOLE --- �vfL TWILIGHT 17 & U,d,r P RIME - NON -PRIME N.P. - 62, PRIME 18 1 IDLE NON COUPON/DISCOUNTS PUNCH CARD TOURNAMENTS January .-- ----- 61 61 5M 58 -PRIME ___23 NP.-62+ 9 is -8 9 -44 18 9 18 TOTAL February V �6 __5I§_ _-44 __3 - --- 4 March 1613- 14 6 -i-066 ___162_ 29 I 13 46 1,040 203 118 940 1,242 _133 7� 36 1 - 85 5 66 6 -19 May_- 175 98 113 29-3 81 5 173 -36 1 1 3,010 June Tuly 2�4 21§_ -1,715- 244 143 141 29 i _422 August 2�9 334 ___1,562 1,732-1.613 233 151 29- __4 76 - _61 14 74,287 4,689 se-plember 327 328 1,499 1.821 249 58 37 14 422 9 122 1 . 35 5, im 233 _124 1,059 ___ 1.273 171 99 7 ----- - 60 --- 17 -_ 418 11 72 4,EI6i 191 84 16 16 - 83,362 Nov-em-ber 3,_ --.-,3 _11,334 206 37 _�6 7 7 8 136 7 57 zois December 34 23 211iO Total UO2 1,604 8,447 13.19 1 I r 'r '1 Ala 4330 3 3 24 64 no GOLF COURSE ANNUAL PASS PLAY RECORDS COMPARISON 1994--1668-- 546 596 722 288 512 -660 128 340 7 -36 509 731 563 FEE-Unrestricted JB-hole 142 12 199 18 118 6 ND_EEE.Restricted lh-Qie- 76 85 48 iiii:imi 8 14 8 -� im 183 144 18-hole 9-hole -145 212 193 18 -hole January February-_ 6 16 25 2 4 21 ==10 March 919-410 - April May 1,190 --1,657 1,021 1,031 972 1,149 828 1. 1 284 1,032 1,084 113 144 22 12 2-40 270 -15 7 -317 305 38 -272 -15 13 47 286 June 1,825 1,476 1,179 1,430 1,177 178 14 323 9 313 46 275 19 July 1,531 1,305 1,220 1,174 1,230 200 43 39 332 7 -286--36--296- 34 August 1,537 1,358 1,162 1 T9-6- 1,192 156 32411 -276- -64--361 28 September 1,370 1,013 991 1,078 - 1,063 113 --7-i 16 --6--22-j K6 15 216 58 296 16 October1,075 830 743 669 777 5 156 9 180 113 11 - 5 259 ---. 191 26 16 November 641 657 561 493 532 42 4 December 752 -----T- 487 562 345 15Y 8 -51 1 -3 34 2. 53 2 Total 13,145 11,406 1 10,029 1 9,703 1 10,043 1 1,228 189 2,702 1 116 2,481 354 1 2,781 192 GOLF COURSE ANNUAL PASS PLAY RECORDS COMPARISON 1995-1999 18-hole 9-hole f 18-hole 2jlQLQ NO EFE-Restricted CITY PARK NINE IRK 596 im 2.88 -666 luz - ----- 126 340 - i2U 509 731 -TO 1M -- 734 - -EFE-!Jnrestricied.---FEE--Restricted 9-hole 83 280 January February 4 11 223 601 12 6 36 100 18.3 - 13 16 114 184 - 13 35 -72-2- March 910 April May j-n ue 1,021 1,031 --4-- 1,76 972 1.149 M 1,162 828 1,284 1,43-0- 32 1,084 - 1,177, 762 1,130 1,33- 6 -2;j- 402 510- -6�- 72 -7-4 -4 23 - 634 744 22 --- July 1,365 -1,558 1 ,1i4 1,196 1�230 1,192 M 1,427 3 463 - 55 U 764 870 32 Alugust Septembe-r. October 1,013 830 657 991 743 561 - 1,078 1,063 1,070 . 321 67 673 669 493 777 532 89 3 837 223 209 26 54 -638 562 s November December 487 562 345 153 "5 160 15 391 7 Total 11,406 1 10,029 9,703 10,043 1 11,427 3,491 SOT 5 787 ' W, 283 - 29 1 -298 48 7� GOLF COURSE ANNUAL PASS PLAY RECORDS COMPARISON 199E-2060 FEE -Restricted 9-hole FEE -Unrestricted 9-hole -- �I 88 3�� 275 274 -475 597 64.4 4 569 464 382 1 302 _Z�2 65 4,307 18-hole 44 1 38 39 66 61 93 101 132 53, 41 - -1 - --3- 1-iq--3 672 i FEE -Restricted 9-hole 438 663 547 910 - 762 905 -671 591 -164 1 7,393 1 ----- - 18-hole 1 , 3 13 20 217 12 10 11 3 CITY PARK NINE 19961 288 288 51-2- ---690 19971 128 -346- _758 Us 1,284 1,430 11, -74 1,196 1998 509 -731- 563 1,032 1,084 j, Iff 1 230 1 192 1,063 777 532j 153 10.043 111,427 1999 406 -734 - 762 1,130 -1,3j�T- 1,32� 1427 1,079 893 573 1 i FEE -Unrestricted 9-hole 126 -266- L 402 j 5-16- 1 ... 553 463 223 3,774 1 - 2000 -�83 989 880 1,313 1,486 1:442 1,51 . 2 937 18-hofe 18-hole -ff 41 38 23 22 -8----- 32 January February March 14 --fd- 11 63 241 -40-7 661 415 634 744 mg 870 638 �62, j§i-----7 6.885 1 April 972 y June '146 1,179 -112n 1,162 72 74 55 62 26 533 1 July August September 991 1 078 669 October 743 -561 6 November 1-- 493 12 - 235 1 239 -26-7- 12,522 -2 6 150 1 --- December Total 1 5u I 10,029 1 -32�5 9,703 1 GOLF COURSES ANNUAL PASS SALES RECORDS Comparisons for 1995 - 2000 CATEGORIES 1995 1996 1997 1998 1999 2000 R/F 2040 U/F Single Adult 119 378 415 363 364 349 146 203 Age 17 & Under N/A N/A N/A N/A N/A 97 17 80 Age 75 & Over NIA NIA N/A NIA N/A 79 62 17 Junior (Age 18 & Under) 49 78 91 82 100 N/A N/A N/A Super Senior (Age 80+) N/A 25 32 31 31 NIA N/A N/A Senior (Age 62 & Over) 255 N/A N/A N/A NIA N/A N/A N/A Student/Young Adult 15 N/A N/A N/A NIA N/A N/A NIA FAMILY 21 N/A N/A N/A N/A N/A NIA N/A First Adult 21 N/A N/A N/A NIA N/A N/A N/A Second Adult/Spouse 11 N/A N/A N/A NIA N/A N/A N/A 1 st Child 12 N/A N/A N/A NIA N/A N/A NIA 2nd Child 3 N/A N/A N/A NIA N/A N/A N/A 3rd or More 0 N/A N/A N/A N/A N/A N/A N/A TOTAL 459 481 538 476 495 525 225 300 Beginning in 1996, Annual Passes were restructured to create a multitier system. We eliminated the categories of Senior (Age 62 & Over), Student/Young Adult (Age 24 & Under), and all Family pass categories including Spouse. We then had only three categories of passes, which were Single Adult, Junior (Age 18 & Under), and "Super Senior" (Age 80 & Over). Beginning in 2000 the three categories are now called Single Adult, Age 17 & Under, and Age 75 & Over. E. Required Documents - The following shall be submitted with the proposal: 1. Proposal Questionnaire 2. The Proposal form/addendum acknowledgment page 3. An Annual Payment Schedule Statement To/From the City F. During the written portion of the RFP process, public input/citizen support is not included, and will not be considered when the committee is evaluating the written proposals. References will only be considered by the committee for the interview portion of the process. As a public entity, citizens have a right to provide their opinions to us, however, the RFP process clearly defines when such input will be considered. Therefore, proposers shall not solicit nor encourage such citizen support, nor provide references during the written portion of the process. Said references and support can be a part of the interview phase of the process. All letters, faxes, e-mails, etc. should be sent to the Manager of Golf for processing. PERMITS. LICENSES. FEES. AND TAXES It shall be the responsibility of the Golf Professional/Concessionaire to make application for the necessary permits and licenses, and to pay for all fees and taxes in order to operate the City Park Nine Pro Shop and Driving Range, and food and beverage concessions, including the ability to obtain a 3.2 beer license for "on/off premises" fermented malt beverage sales and consumption. COLLUSIVE OR SHAM BIDS 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 City Park Nine Clubhouse, 411 South Bryan Avenue, Fort Collins, CO 80521 on January 22, 2001 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. 5 1998 GOLF CAR BREAKDOWN ------ -- l-- CITY PARK NINE ' 9 Hole -- - --- 9 Hole --- Senior---: Senior 9 Hole - Med/Sing 18 Hole .....---- -Regular--- Regular 18 Hole H -- --' --- Senior - $ 15.00 18- 18 Hole -- ----- Med/Sing $ 10.00 ;oEt2IF - - -- --------- Total ----------- Regular Other --- City "--"�- ------- Sales "---------- Tax - $12.00 -- $9.00 $6.00 6.00 ------ $ 20.00 anuary 96.00 9.00 - 100.00 - 45.00 - - 388.00 --- -- - - - 745.00 38376 f---- .. 698.49 24.24 46.51 388.00 745.00 February 204.00 27.00 ! 12.1 --- March 504.00 90.00 36.00 108.00 96.00 100.00 200.00 --- 15.00 - 30.00 ------ _ 150.00 105 00 135 00 30.00 - - April 1,104.00 10.00 - 1,518.00 2,589.00 1,423.24 2,427.32 ------ 3,524.11 4 512.00 4,681.20 94.76 161.68 ----_ 234.89 1,518.00 2,589.00 3,759.00 May ---------- June 1,:iu.00 2,352.00 _ 369.00 42.00 02.00 560.50 i 1.0P.00 567.00 i 150.00 594.00 132.00 486.001 .72.00 135.00 24.00 420.00 -- _- 520 00 1,100 00 10.00 � 30.00 10 00 40.00 - .:m 44.50 4.50 6 00 ----- 3,759.00 4 812.50 4.363.60 July _ August September 2,856.00 2,796.00 1,908.00 1,020.00 300.50 271.80 187.32 100.16 31.59 4,812.50 4,353.00 3,000.50 1,603.50 506.00 680 00 460.00 420.00 4.50 4._5.0_ 3,000.50 1,603.50 506.00 2.813.18 1,503.34 474.41 October November 360.00 90.00 j 6.00 40.00 - _- 16.00 _ December 84.00 72.00 6.00 40.00 - - - 202.00 189.40 12.60 202.00 TOTAL _-4- 15,012.00 3,127.50 1- 678.00 �- 4,120.00 I 510,00 I 110.00 64.00 23,521.50 _ 22,146.39 1,475.11 23,621.50 GOLF CART BREAKDOWN -- -- ---- CITY PARK NINE 9 Hole Regular -... .. $12.00 9 Hole Senior $9.00 I 9 Hole Med/Sing - $6.00 16 Hole 18 Hole ---- 18 Hole Med/Sing) ---- -- $10.00 - - Regular -- t-- - $20.00 Senior ------ $15.00 Other ---- Total ------ City- --------- __ Sales_ _ Tax _Total - -- - -.._ u ry January - -60.00 -" ----'- 757.00 63- 709.11 1,115.65 47.89 75.35 .00February 757.00 1,191.00 --- - 1,174.00 2,943.00 3,692.50 - 4,706.50 4,180_.50 3 186.50 1,544.00 1,072.50 553.00 25 243.50 ---'-- March April May 396.00 .. --732.001350 72.00 0 108.00 369.00 -- 580.50 .. 562.50 558_00 414.00 193 50 243 00 81 00 54.00 - 400 54.00 66.60 - --- 120.00 102.00 162_00 102.00 84.00 78.00 100.00 --.60 200.00, 480.00 ----- - 420.00 -- 75._0 - 90.00 .. 75 00 150 00 30 00 60 00 ---- -20.00 20_00 - 10.00 50 00 - 10 00 _ _ 1.0 00 - 288.00 - -- - 225.00 ---- - 8.50 4.50 , _ 4.50 19 50 --' - - 11191.00 -- 1,174.00 _ 2,943.00 - 3,692.50 4 706.50 --- ------ 4,180 50 _ 3,186 50 1,544 00 072.50 553.00 25,243.50 792.00 1,740,00 ---- 1,099.72 2,755.53 3,458.79 4 408.58 _ 3,915.86_ 2 984 85 1,44618 _ 1,00460_ - 517.99 23,644.56 1 r 74.28 187.47 233.71 297.92 264.64 201 65 97.75 67.90 35.01 1,598.94 - June July_ 2,472.00 2 952.00 2 892.00 .. 740.00 _400.00 500 00 100 00 60 00 _ _ August September 2,136.00 October 1 092.00 November 672- December TOTAL 408.00 1 16,452.00 13,361.50 24.00 L960.00 1 40 00 3,260 00 - 1--480.00 I 180.00 -550A0 I 2000 GOLF CART BREAKDOWN f I _ CITY PARK NINE 9 Hole 18 Hole 18 Hole 62+ Med.. $16.OD 16. - - - 144.00 48.00 64.00 18 Hole Med/Sing) $11.00 -11-00 22.00 -- 33.00 11.00 22.00 _Other - - ( Total _ _ 684.00 - City 640.28 - Sales Tax 43.72 60.41 132.60 _ 294.67 _ 332.64 415.89 -- 339.66 265.74 _-_136.61 _ _ 24.78 17.96 - Total 437.00 684.00 945.00 2,075.00 4,613.00 5,203.00 6,512.50 - - 5 316.50 4 158.50 2,138.00 _ 388.00 281.00 Regular g 62+ Med.1 Med/Singlj Regular January _ February March - April $13.00 --468.00 533.00 1 235.00 __ - $10.00 100.00I 1 10c0 - 380 00 620.00 690.00- 700.00 -. r $7.00 84_00 154.00 175.00 189 00 280.00 217.00 $21.00 _21.00 126.00 - 252.00 - 336.00 630.00 756.00 - - 6D.00 275.00 j 945 00 88:4.59 _-._- - 2,075 00 1,942.40 4,613 00 4,318.33 _ - 5,203.00 4,870.36 6,512 50 i 6 096 61 - .-- -- 5,316 50 i4 976 84 -- 4.158 50 3,892.76 2,138.00 2,001.39 -388.00 j _ 363.22 281.OD 263.04 May June July -- 3,302.00 3.484.00 4,478.50 August -- 3,861.00 900.00 -- 217.00 -- -- 273.00 -- .._. 48 00 -32 11.00 6_50 September October November December 2,964.00 1,495.00 740.00 310.00 _ 30.00 20.00 154.00 154.00 i� ! 231.00 126.00 168.00 63.00 32 00 48 00 -- - 11.00 - _ - 26.50 5.00 169.00 156.00 21.00 42.00 _ - - TOTAL I 22,431.50 14,640.00 11,729.00 i 3,024.00 I 400.00 I 154.00 -373.00 32,751,50 30,658.90 I 2,092.60 32,751.50 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's character or suitability are reasonably in question based upon the information obtained in connection with a background investigation. The City may, in its discretion, object to any assignments of personnel to positions of trust by 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 laws applicable to such investigations. Contractor shall be responsible for assuring that any 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 employee or volunteer selection or assignment for work under the Contractor Agreement with the City is made, the employee or volunteer shall complete the background check form attached to the Agreement as Exhibit E , which is titled "Disclosure to EmployeeNolunteer 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. 2. If the Contractor anticipates that the employee or volunteer will operate any vehicles or City equipment in providing services to the City, a driving record check shall be conducted in addition to a criminal check. The driving record check will be completed at the same time as the background check. 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 DISCLOSURE TO EMPLOYEENOLUNTEER 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 tax liens, notices of default and bankruptcies, and other records as may be appropriate. In the event that information from the report is utilized in whole or in part in making an adverse decision, effort will be made to provide you with a copy of the consumer report/criminal history and a description in writing of your rights under the federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives you specific rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document. By your signature below, you hereby authorize (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: Signature: Date of Birth: Social Security #: Signature of Parent or Guardian (if applicant is under age 18): Other Names Used in the Last Seven (7) Years: Previous Out -of -State Address(es) in the Past Seven (7) Years: Address City County State Zip Code 2. Address City County State Zip Code Please list any additional addresses on the back of this page. Give this disclosure with a cow of A Summary of Rights Under the Fair Credit Reporting Act to applicant. Retain a copy of the release for your records, :and provide a copy of the release to the City of Fort Collins. EXHIBIT F (page 1 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. §§1681-1681 u. The FCRA gives you specific rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights. • You must be told if information in your file has been used against you. Anyone who uses information from a CRA to take action against you -- such as denying an application for credit, insurance, or employment -- must tell you, and give you the name, address, and phone number of the CRA that provided the consumer report. You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars. You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAB -- to which it has provided the data -- of any error.) The CRA must give you a written report of the investigation, and a copy of your report if the investigation results in any change. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change. • Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source. You can dispute inaccurate items with the source of the information. If you tell anyone -- such as a creditor who reports to a CRA -- that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you've notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error. Outdated information may not be reported. In most cases, a CRA may not report negative information that is more than seven years old; ten years for bankruptcies. Access to your file is limited. A CRA may provide information about you only to people with a need recognized by the FCRA -- usually to consider an application with a creditor, insurer, employer, landlord. or 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 lbr two years. If you request, complete, and return the CRA form provided for this purpose, you must be taken off the lists indefinitely. • You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data, violates the FCRA, you may sue them in state or federal court. The FCRA gives several different federal agencies authority to enforce the FCRA: FOR QUESTIONS OR CONCERNS REGARDING PLEASE CONTACT CRAB, creditors and others not listed below Federal Trade Commission Consumer Response Center- FCRA Washington, DC 20580 * 202-326-3761 National banks, federal branches/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 * 800-613-6743 Federal Reserve System member banks (except national Federal Reserve Board banks, and federal branches/agencies of foreign banks) Division of Consumer & Community Affairs Washington, DC 20551 * 202-452-3693 Savings associations and federally chartered savings 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) Office of Thrift Supervision Consumer Programs Washington D.C. 20552* 800- 842-6929 National Credit Union Administration 1775 Duke Street Alexandria, VA 22314 * 703-518-6360 State -chartered banks that are not members of the Federal Deposit Insurance Corporation Federal Reserve System Division of Compliance & Consumer Affairs Washington, DC 20429 * 800-934-FDIC Air, surface, or rail common carriers regulated by Department of Transportation former Civil Aeronautics Board or Interstate Commerce Office of Financial Management Commission Washington, DC 20590 * 202-366-1306 Activities subject to the Packers and Stockyards Act, Department of Agriculture 1921 Office of Deputy Administrator-GIPSA Washington, DC 20250 * 202-720-7051 C•1li�•]y 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 or citizen support/references 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 970.221.6586 (FAX) E-Mail address: jpbrown@ci.fort-collins.co.us 6