HomeMy WebLinkAboutCORRESPONDENCE - RFP - P649 SOUTHRIDGE CONCESSIONAIRE (8)SNACK BAR
CONCESSION AGREEMENT
SOUTHRIDGE GOLF COURSE
FORT COLLINS
COLORADO
December_, 1997
5.3 Renewal -- 2000. This Agreement shall be automatically renewed for a period from
January 1, 2000, until December 31, 2000, unless the Concessionaire is in default or unless one party
serves written notice to the other party of its intention to terminate the Agreement, provided such
written notice must be served at least ninety (90) days prior to December 31, 1999.
5.4 Renewal -- 2001. This Agreement shall be automatically renewed for a period from
January 1, 2001, until December 31, 2001, unless the Concessionaire is in default or unless one party
serves written notice to the other party of its intention to terminate the Agreement, provided such
written notice must be served at least ninety (90) days prior to December 31, 2000.
5.5 Extension, This Agreement may be extended beyond the original four (4) year term
if performance is satisfactory and subject to City Council approval through public process and
negotiation of an extension agreement acceptable to Concessionaire and the City.
5.6 Holding Over. In the event that the Concessionaire, or its successor in interest, if any,
shall remain beyond the term set forth herein, although no right to remain is given by this Article, it
is the intention of the parties and it is hereby agreed that a right of use from month -to -month shall
then arise subject to all provisions and conditions of this Agreement in connection with such right,
except that the City shall have the sole right to determine reasonable fees for any holdover period.
ARTICLE 6
Fee For Conducting Business
6.1 Concession Fee. For the privilege of conducting the concession operations hereunder,
and the exclusive use of the Concession Space, the Concessionaire shall pay to the City
Dollars ($ ) in 1998, Dollars ($ )
in 1999, and Dollars ($ ) in 2000, and
Dollars ($ ) in 2001, as the concession fee, except that
Concessionaire agrees to provide, in lieu of the above fee, additional services at the Golf Course as
set forth below.
6.2 Time of payment. The Concessionaire shall pay the Concession Fee on a monthly basis
but, in no event, later than ten (10) days after the first day of the following month; and shall pay the
balance of the minimum guarantee amount no later than December 1, if this amount is owed.
6.3 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due
amounts at the rate of eighteen percent (18%) per annum from the due date, until paid.
6.4 Method of Pavment. Payment for all fees under Article 6 shall be by check or money
order payable to the order of "City of Fort Collins" and shall be mailed or personally delivered to the
City Representative at 300 LaPorte Avenue, Fort Collins, Colorado, 80521.
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ARTICLE 7
Utilities, Maintenance and Janitorial Duties
7.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash
collection, recycling service plubhouse security system, telephone and electric services to the
Concession Space; except, however, that the Concessionaire shall reimburse the City on a monthly
basis for all long distance and local telephone charges accruing as a result of calls attributable to the
telephone line(s) located in the Concession Space or otherwise made by Concessionaire, its agents
and employees.
7.2 Maintenance and Repair. The City shall maintain and repair the Concession Space
and City equipment and fixtures (defined in Article 8). Concessionaire 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 Concessionaire for failure to make
repairs as herein specifically required of it unless the Concessionaire 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 Concessionaire's written notification.
7.2.1 The Concessionaire 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.
7.3 Cleaning and Janitorial. The Concessionaire 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.
7.3.1 Concessionaire shall thoroughly clean the entire Concession Space, including
all equipment and fixtures, whether provided by the City or Concessionaire, the grill
and exhaust, floors, counters, refrigerators and all coils at least once prior to, once
during; and once after the close of the April through September golf season, and one
additional time during the October to March off-season.
7.3.2 Concessionaire 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.
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ARTICLE 8
Acceptance and Trade Fixtures
8.1 Concession Space. City Equipment and Fixtures. In addition to the Concession
Space, the City shall provide the following:
8.1.1 Existing equipment as listed on Exhibit "A", attached hereto and made a part
hereof;
8.1.2 Lighting fixtures for general area illumination; and
8.1.3 Heat and air conditioning.
8.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall
acknowledge that it accepts the Concession Space as well as any City equipment and fixtures "as is."
8.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit
"B", attached hereto and made a part hereof, no equipment, trade fixtures, signs or other personal
property used by Concessionaire in its business, whether or not attached to the Clubhouse or any
Improvements thereon, shall be installed without the prior written approval of the City.
8.4 Removal of Equipment. Trade Fixtures. Concessionaire shall have the right at any
time during the term of this Agreement or upon termination and within thirty (30) days thereafter,
to remove all trade fixtures, 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 Article 6. Any property not so removed by Concessionaire upon termination shall become a part
of the realty on which it is located and title thereto shall vest in the City.
8.5 Title to Improvements. Upon installation or erection of Improvements, such
Improvements (but excluding any of Concessionaire'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.
8.6 Applicable Law. All Improvements and all trade fixtures, equipment or other
personal property installed by Concessionaire shall be subject to and conform in all respects to the
applicable statutes, ordinances, building codes, rules and regulations of all governmental agencies
which have jurisdiction over such matters.
ARTICLE 9
Damage by Concessionaire
The Concessionaire 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 Clubhouse, including the
Concession Space, or to City's property, equipment and fixtures (defined in Article 8) caused by
Concessionaire, its officers, agents, employees or anyone acting under its direction and control,
ordinary wear and tear excepted. All repairs or replacements shall be made promptly and when
necessary and shall be in a quality and of a class at least equal to the original. If the damage for
which Concessionaire is liable is to the Concession Space, Concessionaire shall continue to be liable
for all rent owed for the Concession Space, even if it has been rendered untenantable.
ARTICLE 10
Total or Partial Destruction
10.1 Concession Space or Other Major Component Rendered Untenantable. In case,
during the term of this Agreement, the Concession Space, Clubhouse, Golf Course or any principal
part of any one of them shall be destroyed or shall be so damaged by fire, flood or other casualty so
as to be rendered untenantable or unusable as determined by the City:
10.1.1 Then, in such event, at the option of the City or Concessionaire, the term
hereby created shall cease; and this Agreement shall become null and void from the
date of such damage or destruction; and Concessionaire shall immediately surrender
the Concession Space and its interest therein to the City; provided, however, that the
City or Concessionaire shall exercise such option to so terminate this Agreement by
notice, in writing, delivered to the other party within thirty (30) days after the City's
determination of untenantability or unusability.
10.1.2 In the event neither the City nor Concessionaire shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the City shall
repair the Concession Space, Clubhouse, or Golf Course excluding Improvements or
equipment, signs, trade fixtures or other personal property installed by
Concessionaire, with all reasonable speed, placing the same in as good a condition
as it was at the time of the damage or destruction.
10.2 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 Concessionaire's use. During any period of use by Concessionaire of such
substitute Concession Space, the City may direct that the Concessionaire's Fee shall be abated
proportionately.
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10.3 Components Tenantable. If the Clubhouse, 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.
10.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment and
other items of its personal property within five (5) days after request being made by the City.
10.5 Exception for Damage Caused by Concessionaire. In the event of damage caused by
Concessionaire as more specifically addressed in Article 9 of this Agreement, the provisions of
Article 9 shall govern in any conflict between Article 9 and Article 10.
10.6 No Claim by Concessionaire. No compensation or claim shall be made by or allowed
to Concessionaire by reason of any inconvenience or annoyance arising from the necessity of
repairing any portion of the Clubhouse or Southridge Golf Course, however the necessity may occur.
ARTICLE 11
Indemnification and Insurance
11.1 City's LiabilitX. 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 Southridge Golf Course and Clubhouse by Concessionaire, its agents, employees
or contractors unless caused by the negligence or willful misconduct of the City, its employees,
agents or contractors.
11.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City
harmless from all claims, demands, judgments, costs and expenses, including attorneys' fees, claimed
or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by any person by reason
of injury to or death of any individual person or persons, or by reason of damage to, destruction or
loss of use of any property, including City's personnel and City's property, directly or indirectly
arising out of, resulting from or occurring in connection with any operations, works, acts or
omissions of Concessionaire. As used herein, the term "Concessionaire" includes the respective
directors, officers, agents, employees, contractors and subcontractors of Concessionaire. In the
event any work under this Agreement is performed by a subcontractor, the Concessionaire shall be
responsible for any liability directly or indirectly arising out of the work performed by such
subcontractor.
11.3 Patent Representation. Concessionaire represents that it is the owner of or is fully
authorized to use any and all services, processes, machines, articles, makes, names or slogans used
by it in its operation or in any way connected with this Agreement.
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11.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations
hereunder, the Concessionaire shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement as specified in Exhibit "C", which is attached hereto and
incorporated herein by this reference.
11.5 Precautions Against Injury. The Concessionaire shall take all necessary precautions
in performing the operations hereunder to prevent injury to persons and property.
11.6 Failure to Insure. Failure of Concessionaire to take out and/or maintain, or the taking
out and/or maintenance of any required insurance shall not relieve Concessionaire from any liability
under this Agreement, nor shall the insurance requirements be construed to conflict with the
obligations of Concessionaire concerning indemnification. In the event the Concessionaire fails to
maintain insurance required hereunder, the City may, at its option, take out and maintain at the
expense of the Concessionaire such insurance as the City may deem proper. The City may offset the
cost of any such insurance from any monies that may be due or become due to the Concessionaire
under this Agreement.
ARTICLE 12
No Interest in Real Property
Concessionaire 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 Concessionaire any interest
in real property.
ARTICLE 13
Assignment
The Concessionaire 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 Concessionaire's interest created hereby, other
than by merger or consolidation unless approved by City.
ARTICLE 14
Right of City to Enter, Inspect and Make Repairs
14.1 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
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with as little interruption to Concessionaire's operation as is reasonably practicable) to enter upon
any part of the Concession Space for the following purposes:
14.1.1 To inspect such premises at reasonable intervals during regular business hours
(or at any time in case of emergency) to determine whether Concessionaire has
complied with and is complying with the terms and conditions of this Agreement
with respect to such premises;
14.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
14.1.3 To make structural additions and alterations.
14.2 Obstruction by City. All entries made for the purposes enumerated above shall,
except as otherwise provided in Article 10, Total or Partial Destruction, be without abatement of rent
or damage for inconvenience. However, in the event any entry by City in the Concession Space for
the purpose of making repairs or alterations as provided for in Section 14.1.2 above (other than
repairs necessitated as a result of damage by Concessionaire under Article 9) constitutes a substantial
obstruction to and impairment of Concessionaire's right of use of such Concession Space, then
Concessionaire shall be entitled to a fair and just abatement of the rent for such premises during the
period required by City to make such repairs.
14.3 Obstruction by Concessionaire. In the event that any personal property of
Concessionaire shall obstruct the access of the City, 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,
Concessionaire shall move such property, as directed by the City or said utility company, in order
that access may be had to the system or part thereof for inspection, maintenance or repair. If
Concessionaire shall fail to so move such property after direction from the City or said utility
company to do so, the City or the utility company may move it without liability for damage sustained
in moving.
14.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this
Article, by the City, or others under right of the City, shall not be, nor be construed to be, an eviction
of Concessionaire, nor be made the grounds for any abatement of rental nor any claim or demand
for damages against the City, consequential or otherwise, except claims for damages to person or
property caused solely by the negligence of the City.
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ARTICLE 15
Default, Rights of Termination
15.1 Default by Concessionaire. Time of payment and performance is of the essence of
this Agreement. Concessionaire shall be in default under this Agreement upon the occurrence of any
one or more of the following events:
15.1.1 Concessionaire's failure to pay any fee or other charge when due and within
five (5) workings days after notice from City of such nonpayment.
15.1.2 Concessionaire's failure to maintain the insurance required above.
15.1.3 Concessionaire's assignment of any right hereunder in violation of Article 13.
15.1.4 Concessionaire's failure to perform, keep or observe any of the terms,
covenants or conditions 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.
15.1.5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing
of an involuntary petition in bankruptcy against Concessionaire, the taking of
possession of all or substantially all of Concessionaire's assets pursuant to
proceedings brought under the provisions of any federal reorganization act or the
appointment of a receiver of all or substantially all of Concessionaire's assets and the
failure of Concessionaire to secure the return of such assets and/or the dismissal of
such proceeding within ninety (90) days after the filing.
15.1.6 The abandonment for a period of (7) days by Concessionaire of the conduct
of its services and operations during the season from the beginning of April through
the end of September, or for a period of fourteen (14) days during the October
through March off-season.
15.1.7 The assignment by Concessionaire of its assets for the benefit of creditors.
15.1.8 The death of the Concessionaire.
15.2 City's Remedies on Default.
15.2.1 In the event of a default by Concessionaire, the City may terminate this
Agreement by notice in writing to Concessionaire. In the alternative, the City may
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elect to keep the Agreement in force and work with Concessionaire to cure the
default. If this Agreement is terminated, Concessionaire's liability to City for
damages and rent shall survive the termination, and the City may re-enter, take
possession of the Concession Space and remove any persons or property by legal
action or by self-help with the use of reasonable force and without liability for
damages.
15.2.2 Following re-entry or abandonment, City may make arrangements for use of
the Concession Space by others and in that connection may make any suitable
alterations or refurbish the Concession Space, but City shall not be required to make
such arrangement for any use or purpose.
15.3 Riehts and Remedies Reserved. It is understood and agreed that any rights and
remedies reserved pursuant to this Article are in addition to any other rights or remedies the City may
have pursuant to this Agreement or to applicable law to seek judicial enforcement, damages or any
other lawful remedy.
ARTICLE 16
Miscellaneous Provisions
16.1 Cumulative Rigbts. All remedies provided in this Agreement shall be deemed
cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to the City, or Concessionaire, at law or in equity, and the exercise of any remedy, or the
existence herein of other remedies or indemnities shall not prevent the exercise of any other remedy.
16.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to
it by virtue of the breach of any covenant, condition or agreement herein by the other party shall not
operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by
such other party, nor shall such other party be relieved thereby from its obligations under the terms
hereof.
16.3 Non -liability of Individuals Other than Concessionaire. With the exception of
Concessionaire, no director, officer, agent or employee of either party hereto shall be charged
personally or held contractually liable by or to the other party under any term or provision of this
Agreement or of any supplement, modification or amendment to this Agreement because of any
breach thereof, or because of its or their execution or attempted execution of the same.
16.4 Limitations on Use. Concessionaire 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 Concessionaire permit nor suffer any disorderly noise or nuisance whatsoever about
the Concession Space, Clubhouse or Southridge Golf Course.
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16.5 Governing Law. This Agreement shall be performable and enforceable in Larimer
County, Colorado, and shall be construed in accordance with the laws of the State of Colorado.
16.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Concessionaire, their successors and assigns, and is not made for the benefit of any third party.
16.7 Construction. In the event of any ambiguity in any of the terms of this Agreement,
it shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
16.8 Successors and Assigns. All covenants, stipulations and agreements in this
Agreement shall extend to and bind each party hereto, its legal representatives, successors and
assigns.
16.9 Headines. 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.
16.10 Attorney Fees. In the event any legal action or proceeding is brought to collect sums
due or to become due hereunder or any portion thereof or to enforce compliance with this Agreement
for failure to observe any of the covenants of this Agreement, the losing party agrees to pay to the
prevailing party such sums as the Court may judge reasonable attorneys' fees and costs to be allowed
in such action or proceeding and in any appeal therefrom.
16.11 Incorporation of Request for Proposals/Entire Agreement. Request for Proposal
Number P-649, and all specifications included therein, and the Proposal submitted by the
Concessionaire in response thereto, are incorporated and made a part of this Agreement by this
reference, except that in the event of a conflict between such documents and the express terms of this
Agreement, the terms of this Agreement shall prevail. This Agreement, which is the entire
agreement between the parties hereto, supersedes all prior agreements, understandings, warranties
or promises between the parties hereto, whether written, spoken or implied from the conduct of the
parties hereto, except as expressly incorporated herein.
16.12 Severability. In the event any covenant, condition or provision of this Agreement is
held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants, conditions
or provisions of this Agreement, provided that the invalidity of any such covenant, condition or
provision does not materially prejudice either the City or the Concessionaire in his or its respective
rights and obligations under the valid covenants, conditions or provisions of this Agreement.
16.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier
termination as herein provided, Concessionaire shall remove all of its property from Southridge Golf
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TABLE OF CONTENTS
ARTICLE
PAGE
1. Concession Space..........................................................1
1.1 Definition of Concession Space ......................................... 1
1.2 Use for Kitchen and Restaurant/Snack Bar ................................ 1
2. Concessionaire's Use of Clubhouse and the Concession Space ..................... 1
2.1 In General..........................................................1
2.2 Designation of Smoking Areas ......................................... 2
2.3 Restriction on Items Offered for Sale .................................... 2
2.4 Compliance With Applicable Law ....................................... 2
3. Rights of Ingress and Egress.................................................2
3.1 In General..........................................................2
3.2 Closures........................................................... 2
4. Undertakings of Concessionaire..............................................2
4.1 Service.............................................................2
4.2 Hours of Operation ................................................... 3
4.3 Special Events Option ................................................. 3
4.4 Concessionaire Personnel .............................................. 4
4.5 Statements, Recordkeeping and Audits ................................... 4
4.6 Physical Interference.................................................. 4
4.7 Taxes.............................................................4
4.8 Licenses...........................................................4
4.9 Vending Machines/Beverage Carts ....................................... 5
5. Term.....................................................................5
5.1 Period.............................................................5
5.2 Renewal--1998......................................................5
5.3 Renewal--1999......................................................6
5.4 Renewal -- 2000 .....................................................6
5.4 Extension...........................................................6
5.5 Holding Over ....................................................... 6
6. Fee for Conducting Business ................................................. 6
6.1 Concession Fee 6
6.2 Time of Payment.....................................................6
6.3 Interest on Past Due Amounts ........................................... 6
6.4 Method of Payment ................................................... 6
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Course and surrender entire possession of its rights at Southridge Golf Course to City and its
improvements in accordance with Section 9 above, unless this Agreement is renewed or replaced.
16.14 City Representative. The City designates the Manager of the Golf Division 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.
16.15 Notices. Notices permitted or required to be given under this Agreement shall be in
writing and shall be deemed given upon personal delivery or upon deposit in the United States Mail,
certified, return receipt requested, postage fully prepaid, addressed as follows or to such other
address as the parties may designate from time to time by notice given in accordance with this
Section:
To Concessionaire:
To the City: Manager of the Golf Division
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, Colorado 80522
16.16 Parapranh Headines. Paragraph headings contained herein are for convenience and
reference, and are not intended to define or limit the scope of any provisions of this Agreement.
16.17 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.
16.18 Force MWeure. However, neither the City nor the Concessionaire shall be deemed
in violation of this Agreement if prevented from performing any of its obligations hereunder by
reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God,
act of public enemy, acts of superior governmental authority, weather conditions, rights, rebellion,
sabotage or any other circumstances that are not within its control.
16.19 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.
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16.20 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.
16.21 Survival. To the extent necessary to cant' 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.
Lo
ATTEST:
City Clerk
APPROVED AS TO FORM:
Came Mineart Daggett
Assistant City Attorney
IN
ATTEST:
Secretary
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
James B. O'Neill, II, CPPO
Director of Purchasing and
Risk Management
Concessionaire
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EXHIBIT A
CITY -OWNED INVENTORY
SOUTHRIDGE SNACK BAR/RESTAURANT AND BUNKER HOUSE EQUIPMENT
1. 1- Reach -in Refrigerator, Delfield 6051S and Freezer
2. Deep Fat Fryer, Frymaster, Model JIC-ST
3. Fryer Stand, DD, Stainless Top
4. Range with 4 burners, Griddle and Oven US Range PF 12G428
5. 2 Gas Hoses, AVTEC, Model H75-GAS-S36
6. Stainless Steel Hood, 8' x 4'/2'
7. Ice Machine, Manitowoc, Model CY0405W
8. Ice Storage Bin, Manitowoc, Model C-400
9. Stainless Steel Work Table with Veg Prep Sink with Drawer, Overshelf with Microwave
Extension
10. Drain Extension
11. Microwave, Sharp, Model R21-AP
12. Sandwich Prep Unit, Silver King, SDSB-7
13. Push Back Faucet, Moli, Model EFF-10
14. Formica Counter, GK Cabinet and Overshelf 8' x 30"
15. Dishwasher, Champion, Model ULF
16. Dishtable Set Up, Lamberson, DTS-4-Special
17. Disposal, Waste King, Model 1000-1
18. Stainless Steel Sink
19. Beer Cooler, Perlick, Model 7260D
20. Ice Chest, Supremetal, Model CJ-24-6
21. Bar Sink, Supremetal, Model CD7C
22. Bar, GK Cabinet
23. Brass Foot Rail, Shafer, Model 132 , Golden Oak (8 stools)
24. Table, Sedita, 30" x 30" (13 tables)
25. 52 Chairs, Shafer, Model WC-108
26. Deck Tables
27. Boer Bottle Cooler
28. Meat Slicer/Slicer Counter
29. Shelving in Kitchen
30. Two Trash Cans
31. Reach -in Cooler in Bunker House
32. Sinks in Bunker House
* Slicer on loan from City Park Nine Golf Course
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EXHIBIT B
CONCESSIONAIRE -PROVIDED PERSONAL PROPERTY
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EXHIBIT C
INSURANCE REQUIREMENTS
The Concessionaire agrees to provide insurance coverage as provided below, from insurance
companies acceptable to the City, and shall pay all costs of obtaining the same. The city, its officers,
agents, and employees shall be named as additional insureds on the Concessionaire's general liability
insurance policy in relation to any claims arising out of the performance of this Agreement.
Certificates of Insurance reflecting the type, amount, class of operations covered, effective
dates, and date of expiration of all policies, and containing the following statement, or a substantially
similar statement, must be provided to the City before commencing work under this Agreement:
"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 of Fort Collins, Colorado."
Minimum Insurance Coverage Limits
1. $150,000 -- Liquor Liability
2. $500,000 -- Commercial General Liability with Combined Single Limit
3. Statutory -- Workers' Compensation Coverage A
$100,0001$100,0001$500,000 -- Workers' Compensation Coverage B
$300,000 -- Products Liability
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REQUEST FOR PROPOSAL
CONCESSIONAIRE:
SOUTHRIDGE GOLF COURSE
RESTAURANT/SNACK BAR
AND BUNKER HOUSE
PROPOSAL NO. P- 6 �9
The City of Fort Collins is hereby requesting proposals for a contractual concessionaire to operate
the restaurant/snack bar area concession and Bunker House at the SouthRid e Golf Course, 5750
South Lema Avenue, Fort Collins, Colorado_ 80525, for e year 1998 with renewal options for
e years 1999 through 2001; with possible extensions of the original four-year term if perfo-
is satisfactory and subject to City approval. _._._ _.------------- --- ---�—
._...--._. .
Sealed proposals (an original 5 copies) will be received at the City of Fort Collins office of
Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521, until
p.m. (our clock) on 1997. Proposal No. P-
Completion of our written proposal questionnaire, and an annual payment schedule statement to the`
City, shall accompany any proposal to be considered properly executed.
There will be a pre -proposal meeting on , 1997, at p.m. at the �(
SouthRidge Golf Course Clubhouse, 5750 South Lemay Avenue, Fort Collins, Colorado 80525 to ✓ 1
inspect the premises and answer any questions which may arise.
Top
be interviewed by the RFP review
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 submitted or process should be directed to Jim Hume, Buyer, City
of Fort Collins Purchasing Division, 970-221-6775.
James B, O'Neill, II, CPPO
Director of Purchasing and Risk Management
BACKGROUND INFORMATION
The City of Fort Collins is the owner and operator of the SouthRidge Golf Course located at 5750
South Lemay Avenue, Fort Collins, Colorado 80525.
In connection with the operation of SouthRidge Golf Course, the City has established a clubhouse
which includes a restaurant/snack bar area, and bunker house satellite snack bar facility on the
course. The Cultural, Library, and Recreational Services area Golf Division administers the golf
facilities for the City, and desires to grant to a contractual concessionaire the concession to operate
the restaurant/snack bar area and Bunker House at the SouthRidge Golf Course for the year 1998
with annual renewal options for the years 1999 through 2001; with possible extensions of the
original four-year term if performance is satisfactory and subject to City approval.
The main purpose of the concession is to provide a service to the golfers. It was not necessarily
intended to be a full-service'type restaurant to the general public, even though additional services
may be appropriate for the operation of this concession. The City currently does not plan to
significantly enlarge or change the restaurant/snack bar area or Bunker House in any way.
The Course/History
SouthRidge Golf Course was constructed for the City in 1982/84 by a private developer (the Bucain
Corporation) on 128-acres of land donated to the City. The City issued $3.3 million in Revenue
Anticipation Notes to finance the construction costs and capitalized interest expense on the facility.
The Bucain Corporation was also the original developer of the adjacent 73-acre residential tract. The
original SouthRidge construction debt was refinanced as a part of a 1986 Bond Issue with the
outstanding principal and interest payments averaging roughly $400,000 per year with the debt
lasting through the year 2002. Since 1988, a portion of net revenues from the operation of the golf
course has been applied toward the payment of the bonded indebtedness, with the City also
providing an annual subsidy from the Sales and Use Tax Fund toward the payment of this
indebtedness. Starting in 1992, the course began generating operating revenues averaging roughly
$200,000 per year over the course expenditures with the remaining debt of approximately $200,000
per year paid by the Sales and Use Tax Fund.
This regulation 18-hole course sits on 128 acres of sculptured fairways with challenging sand and
water hazards. There are well -manicured greens and tee boxes with diverse elevations offering
beautiful views of the nearby majestic Rocky Mountains. SouthRidge is a par 71 playing 6,301
yards. Facilities include a driving range and putting green, a 3,200 square foot tri-level clubhouse,
pro shop, and full service restaurant/snack bar, and a two -building 6,400 square foot maintenance
complex. There is also a 264 square foot snack shop building (known as the Bunker House) on the
course between the 1 st tee box and the #9 green/#10 tee box.
Frank Hummel of Greeley, Colorado was the golf course architect and principal contractor for the
facility. The Architectural Firm of Junge Reiche Magee, Boulder, Colorado, designed the clubhouse
Page 1 of 6
which consists of a pro shop, restaurant/snack bar area, and golf car storage, adjacent to a paved 166-
car parking lot. The course was constructed in 1983/84 for approximately $2.8 million and was
seeded during Labor Day weekend in 1983 (the unusually warm 1983 fall season provided the
excellent initial turf development) and opened for play on July 1, 1984. The Course Superintendent,
Randy Bonneville was on site during the construction. The fairways at SouthRidge are a rye and
bluegrass mix. The roughs are rye, bluegrass, and a fescue mix. The tees are also a rye and
bluegrass mix with native topsoil. The greens are Penncross Bent with construction 95 percent sand
and a 5 percent peat, combined measuring 14 inches thick on a sub -soil drainage system. The
greens average 6,500 square feet in size.
From 1984 through January 1991, SouthRidge was contractually "leased" for its total management,
operation, and maintenance to the same private developer. Since January 1991, the City of Fort
Collins Golf Division has assumed all management, operations, and maintenance functions at
SouthRidge. Currently, all golf course maintenance staff are employees of the City of Fort Collins,
and both the golf professional and staff, and the restaurant/snack bar concessionaire and staff, are
provided to the City by private contractors through agreements with the City subject to the City
Code requirements for a competitive procurement process.
SouthRidge is currently primarily a "daily fee" type of golf course. An average of nearly 45,000
green fee rounds of golf have been played each year since 1994, with roughly 55% of those rounds
being 9-hole. Revenue from tournaments and leagues has become very important at SouthRidge.
Attached Information/Data
Attached are copies of the SouthRidge scorecard, the "Policy Statement on Golf Staff Usage at City
Golf Courses," the 1997 Golf Fees and Charges Schedule, and golf play statistics at SouthRidge
from 1994 to present for your information and reference. Also, as a part of this concession site, the
City currently owns and is responsible for the maintenance of certain equipment as described in an
inventory attachment. The concessionaire must provide all other equipment/inventory in order to
successfully operate this concession.
The Concession and Revenues
The existing contracted concessionaire at SouthRidge, "The Sandtrap, Inc." dba "Mackenzie's Pub
and Grill at SouthRidge", have served in that capacity since 1993 when a three-year agreement was
awarded through an RFP process. Two one year extensions to the original agreement (as authorized
by City Code) were negotiated for a total five-year term. This agreement with the City expires
December 31, 1997, and it is a City Code requirement that a competitive procurement process now
occur.
Page 2 of 6
In 1994, the concessionaire had gross sales of $110,000 and paid to the City $13,500 in cash and/or
in -kind contributions.
In 1995, the concessionaire had gross sales of $159,075 and paid to the City $14,000 in cash and/or
in -kind contributions.
In 1996, the concessionaire had gross sales of $150,000 and paid to the City $15,572 in cash and/or
in -kind contributions.
Thus far in 1997, the concessionaire has had gross sales of $180,000 (through September 30) and
will pay to the City a projected $16,000 in cash and/or in -kind contributions.
The City makes no representations or guarantees as to the accuracy of the revenue figures as
provided by the concessionaire.
Historically, the menu has included breakfast such as eggs, bacon, ham, sausage, biscuits and gravy,
breakfast burritos, omelettes, donuts, hashbrowns, etc., and lunches/dinners have included hot dogs,
hamburgers, sandwiches both hot and cold, steaks, chili, fries, nachos, etc. Beverages include coffee,
tea, milk, juices, soft drinks, beer and wine, and a full service liquor bar, etc.
In addition to restaurant/snack bar and bunker house operations, the concessionaire must furnish
their own beverage cart(s) in order to provide food and beverage services on the grounds of the
course. The City will not allow the usage of City -owned golf cars for this purpose. There are private
businesses in the region that will lease or sell such mobile beverage/snack golf cars to the
concessionaire, and the City strongly encourages the concessionaire to provide such a service to
SouthRidge golfers on a continual basis, as is profitable for the concessionaire.
The concessionaire must also assume and perform all janitorial duties and functions in the
restaurant/snack bar area and bunker house, including the clubhouse patio, and the restrooms located
in the clubhouse and bunker house. Restrooms need be maintained every day in a high quality
manner.
Liquor License
Currently an integral element of the SouthRidge Restaurant/Snack Bar and Bunker House
Concession operation is the sale of alcoholic beverages, which makes up a considerable portion of
the gross revenues generated. In 1997 the City authorized the creation of a Hotel -Restaurant with
Optional Premises license at SouthRidge. If a new concessionaire is awarded the Agreement,
immediately after signing the concession agreement document, the new concessionaire will make
application for the existing Hotel -Restaurant with Optional Premises liquor license to be transferred
from the current concessionaire into the name of the new concessionaire. Therefore, the new
Restaurant/Snack Bar and Bunker House Concessionaire must be able to fully qualify for this Hotel -
Restaurant with Optional Premises liquor license, and will be subject to investigation(s) by the City
Page 3 of 6
of Fort Collins Polices Services and/or the State of Colorado. It will probably take between two and
three months before a new concessionaire receives final approval from the City Liquor/Massage
Licensing Authority for the transfer to be completed. Liquor cannot be sold during that period of
time. For purposes of the liquor license, the premises authorized through this license has historically
been defined to include the Clubhouse and Patio, Snack Bar half of the Bunker House, and the entire
grounds of SouthRidge Golf Course.
In prior years the concessionaire has sold only 3.2 beer in cans on the course, while selling bottled
and tap beer at the bar in the clubhouse. No alcoholic beverages other than 3.2 beer were allowed
on the grounds of the course. With our new Hotel -Restaurant with Optional Premises Liquor
License, it will be possible to sell all types of alcoholic beverages on the course. However, the City
has determined that only beer in cans will be allowed outside of the buildings on the course, and the
Manager of the Golf Division will determine on an individual basis whether mixed drinks in non -
glass containers will be allowed on the course. Generally, only beer in cans will normally be sold
on the grounds of the course.
If you have any questions about the liquor license process, please contact Aimee Jensen, City Liquor
Licensing Specialist, at 221-6315. Also, you should contact your insurance agent or broker
regarding liquor liability insurance, as well as other required insurance coverage for this concession.
Criteria for Proposal Award
The proposal will be evaluated as follows:
1. A Five -person SouthRidge Concession RFP Review Committee, composed of two members
from the City of Fort Collins Golf Advisory Board, one member from the SouthRidge
Homeowners Association, one member from the City Golf Division staff, and one member
from the City of Fort Collins Purchasing staff, will review all written proposals. Using a point
evaluation system for grading each proposal, the committee will rank each proposal in
numerical order.
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 concessionaire, the
ability of the concessionaire to operate as per the scope of the proposal, and the financial
circumstances of the proposal including ability to perform and revenues to the City.
3. The Manager of the Golf Division will check the references of the top ranked individual/firm.
If the references are acceptable, a contract will be awarded to the highest ranked
firm/individual subject to suitable contract negotiations.
Proposal Requirements
A. Complete the "Proposal' form as provided.
Page 4 of 6
TABLE OF CONTENTS
ARTICLE
PAGE
7. Utilities, Maintenance and Janitorial Duties ..................................... 7
7.1 Utilities............................................................7
7.2 Maintenance and Repair ............................................... 7
7.3 Cleaning and Janitorial ................................................ 7
8. Acceptance and Trade Fixtures .............................................. 8
8.1 Concession Space, City Equipment and Fixtures ............................ 8
8.2 Acceptance.........................................................8
8.3 Installation of Equipment and Trade Fixtures .............................. 8
8.4 Removal of Equipment, Trade Fixtures ................................... 8
8.5 Title to Improvements ................................................. 8
8.6 Applicable Law.....................................................8
9. Damage by Concessionaire................................................... 9
10. Total or Partial Destruction ................................................. 9
10.1 Concession Space or Other Major Competent Rendered Untenantable ......... 9
10.2 Concession Space Only Untenantable................................... 9
10.3 Components Tenantable ............................................. 10
10.4 Removal of Rubbish...............................................10
10.5 Exception for Damage Caused by Concessionaire ........................ 10
10.6 No Claim by Concessionaire ......................................... 10
11. Indemnification and Insurance ............................................. 10
11.1 City's Liability....................................................10
11.2 Indemnification...................................................10
11.3 Patent Representation ............................................... 10
11.4 Concessionaire Insurance ............................................ 11
11.5 Precautions Against Injury ........................................... 11
11.6 Failure to Insure...................................................11
12. No Interest in Real Property ...............................................II
13. Assignment..............................................................11
14. Right of City to Enter, Inspect and Make Repairs ............................. 11
14.1 In General........................................................11
14.2 Obstruction by City................................................12
iii
B. No person, firm or corporation shall make or file more than one proposal for this contract for
services.
C. Proposals (an original and 5 copies) must be sealed, addressed, and deposited with the City at
the following location before the proposal opening:
City of Fort Collins
Office of Purchasing and Risk Management
256 West Mountain Avenue
POB 580
Fort Collins CO 80522
D. A proposal may be withdrawn at any time prior to the proposal opening, but may not be
withdrawn for a period of sixty (60) days from the closing date for receiving proposals.
E. Required Documents - The following shall be submitted with the proposal:
1. Proposal Questionnaire.
2. The Proposal Form/Addendum Acknowledgment Page.
3. An Annual Payment Schedule Statement To The City.
F. A list of all proposed prices for all items which are to be sold at the concession must be
provided by the successful applicant within thirty (30) days after the award of proposal.
Permits. Licenses. Fees. and Taxes
It shall be the responsibility of the concessionaire to make application for the necessary permits and
licenses, and to pay for all fees and taxes in order to operate this concession, including the ability
to obtain a Hotel -Restaurant With Optional Premise Liquor License for alcoholic 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 SouthRidge Clubhouse, 5750 South Lemay Avenue, Fort
Collins, CO 80525 on 1997, at 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.
Page 5 of 6
Questions
Any questions or interpretations of these proposal documents shall be directed to:
Mr. Jim Hume, Buyer
Purchasing and Risk Management
256 West Mountain Avenue
POB 580
Fort Collins CO 80522
970-221-6775
Any questions concerning the scope of this contract should be directed to:
Jerry P. Brown
Manager of Golf
City of Fort Collins
281 North College Avenue
Fort Collins CO 80524
970-221-6350
Page 6 of 6
SPECIFICATIONS
Included in the "Request for Proposals" package is a draft copy of the Agreement that the
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 SouthRidge Concession operation, as well as defines and provides clarification of
several specific points. .
1. The concessionaire and the City shall sign an agreement which will grant to the concessionaire
the operation of the SouthRidge Golf Course Restaurant/Snack Bar concession area, and
Bunker House. The duration of the agreement will be for the calendar year 1998 with
automatic one-year renewal options (if desired by both parties) for the calendar years 1999,
2000, and 2001; with possible extensions of the original four-year term if performance is
satisfactory and subject to the City approval.
2. The concession area must be opened for business from 7:00 a.m. to sundown daily at a
minimum for the months of April, May, June, July, August, and September; and from 10:30
a.m. to 4:30 p.m. daily at a minimum during the months of October, November, December,
January, February, and March. However, the concessionaire shall not be required to operate
the concession when the golf course is closed due to bad weather or other reasons. Any other
hours of operation will be mutually agreed upon between the concessionaire and the Manager
of Golf. Breakfast, lunch, and dinner services are all equally important.
3. The concessionaire operator must have been in this type of business for at least two (2) years
within the past five (5) years, or have sufficient other similar past experience to satisfy in the
judgement of the committee to meet this requirement.
4. The financial condition of the concessionaire must be of such standing that adequate supplies
and appropriate operational permits as necessary can be purchased/obtained in order to open
the concession area for full business no later than March 1, 1998. The concessionaire must
obtain and pay for all licenses and taxes necessary for the operation, and must obtain a Hotel -
Restaurant with Optional Premises Liquor License for alcoholic beverage sale and
consumption. The premises is defined as the Golf Clubhouse and Patio, Bunker House, and
the Golf Course grounds of the SouthRidge Golf Course. The Concessionaire shall also
provide and pay for any Worker's Compensation, social security withholding, payroll taxes,
and/or any other taxes that might be required by government authorities. Tangible proof of
financial ability will be required if you are interviewed.
5. Insurance Requirements.
A. It is agreed that the concessionaire will provide from insurance companies, acceptable
to the City, the insurance coverage designated hereinafter and pay all costs. The
concessionaire also indemnifies the City. Before commencing work under this Request
Page 1 of 3
for Proposal, the concessionaire shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of polices, 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 the 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 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 to the concessionaire under this agreement. The City, its
officers, agents, and employees shall be named as additional insured on the
concessionaire general liability insurance policy for any claims arising out of work
performed under this agreement.
B. Insurance coverages shall be as follows:
Insurance Limits:
1. $150,000 -- Liquor Liability
2. $500,000 -- Commercial General Liability with Combined Single Limit
3. Statutory -- Workers' Compensation Coverage A
4. $100,001$100,0001$500,000 -- Workers' Compensation Coverage B
5. $300,000 -- Products Liability
In the event any work under this agreement is performed by a sub -contractor, the
concessionaire shall be responsible for any liability directly or indirectly arising out of
the work performed under this agreement by a sub -contractor, which liability is not
covered by the subcontractor's insurance.
6. The concessionaire shall control and be solely responsible for the conduct and demeanor of any
persons employed to assist the concessionaire, and shall not retain any person who does not
cooperate with and work in a satisfactory or cooperative manner toward the best interest of
SouthRidge Golf Course. If the City so requests, the 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.
7. The Concessionaire must maintain an adequate stock of supplies on hand for all occasions as
needed to supply the golfers' needs. The primary purpose of the concession area is to provide
Page 2 of 3
a service to the golfers. Creative thinking people who will be there, be open, and be ready are
important to the success of this operation.
The Concessionaire shall keep and maintain proper business records concerning every aspect
of the concession operation, and employee management, including expenses and receipts. All
records, including Income Tax Records are to be open for inspection and audit by the City.
Also, the concession operator must submit to the City complete operation records at the close
of each operating season showing all expenses and gross income.
9. "Gross Sales" includes all revenues received by the concessionaire for performing the
concession service, except sales tax.
10. The City pays for all trash and recycling removal services, utilities, Clubhouse security system,
and telephones at the SouthRidge Golf Course. The City pays for the telephone installed in
the restaurant/snack bar, as well as the monthly operating bills. The concessionaire shall
reimburse the City monthly for the cost of all long distance and local calls made on the phone.
The City shall provide the concessionaire an itemized copy of said monthly long distance and
local phone bills.
11. The concessionaire shall submit to the City for review a list of all prices and items which are
to be sold at the concession area. Prices and items may be changed or increased periodically,
but any and all changes/increases must be reviewed by the Manager of the Golf Division.
12. Smoking instruments and tobacco will not be sold at the restaurant/snack bar, clubhouse,
bunker house, or on the course. Smoking is not permitted in any areas of the clubhouse or
bunker house.
13. The operation of the concession granted under the agreement shall, at all times, conform with
all applicable State and Federal laws and regulations, and municipal ordinances, as well as all
rules and regulations adopted by the City of Fort Collins, or any of its Boards, Services Areas,
Departments, or Divisions having jurisdiction over golf courses.
Page 3 of 3
PROPOSAL QUESTIONNAIRE INFORMATION/RATING CRITERIA
Below you will find the "Proposal Questionnaire." You will need to answer all six questions on one
side of 8-1/2 x 11" paper only, per question. We have determined that you must answer each
question with, one page per answer per question. Please try to answer each question in sufficient
detail, noting that we are interested in the quality of your answers, not just the quantity. In addition
to the six pages, you may also provide one 8 '/2" x 11 " supplemental page (one side only) to complete
additional information or to further answer any of the six questions which you could not do within
the one page limitation.
If you are selected for an oral interview, you will need to bring a copy of tangible proof of your
financial ability to perform as the SouthRidge Restaurant/Snack Bar Concessionaire, as well as your
ability to secure adequate insurance coverage as noted in the specifications; and you will need to
provide us with at least three (3) written references we may contact regarding your qualifications.
Review and Assessment
Respondents will be evaluated on their written answers to the following six 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 six questions shall have a "weighting factor" of either 1.0, 2.0. 3.0. or 4.0 as we
have determined, meaning that the maximum total of points to be achieved from the six questions
is 80 points. In addition, we have assigned a 4.0 "weighting factor" to the Annual Payment Schedule
Statement, meaning it has a maximum total of 20 points (also on a 1 to 5 scale) by itself. Therefore,
the maximum grand total of points to be achieved is 100.
Proposal Questionnaire
What are your qualifications to perform the service, and what qualifications will you require
of the staff on site? (You may attach a copy of your resume if you desire which does not count
against your page limitations).
Weighting Value of 3.0
2. Outline your plans to operate the concession with regards to your personal involvement, or the
use of a manager on site.
Weighting Value of 2.0
What is your business/staff plan in order to accomplish the minimum services as per the
specifications, or if you desire to exceed the minimum services?
Weighting Value of 2.0
What is your financial ability for providing services and products at the concession site as per
the specifications?
Weighting Value of 1.0
Page 1 of 2
5. What is your assessment of the needs at SouthRidge Golf Course with respect to food and
beverage services, both inside the clubhouse as well as outside on the golf course, and how will
you meet these needs?
Weighting Factor of 4.0
6, What is your philosophy of the food and beverages to be provided, including what will be your
variety of menu items to be served, the need for healthier products, etc. (Please provide a
sample of your menu items and your conceptual projected pricing structure which does not
count against your page limitations.)
Weighting Factor of 4.0
Page 2 of 2
ANNUAL PAYMENT SCHEDULE STATEMENT TO THE CITY
The existing concessionaire at the SouthRidge Golf Course Restaurant/Snack Bar has paid to the
City ten (10) percent of their gross sales from April through October and five percent the balance
of the year in either cash and/or in -kind contributions; or a minimum guarantee whichever was
greater in 1994 to 1997.
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, and/or make an in -kind contribution of a specific dollar value. If so, how
much money/percentage/value will you (concessionaire) pay in each year listed to the City of Fort
Collins to be the concessionaire at SouthRidge Golf Course?
1998 -- $ or % or
1999 -- $ or % or
2000 -- $
or % or
2001 -- $ or % or
(If you need to explain any of the above, you may attach such a written explanation).
Weighted Value of 4.0
Page 1 of 1
PROPOSAL
PROPOSAL NO: P- DATED THIS DAY OF , 1997
CONCESSION: SouthRidge Golf Course Restaurant/Snack Bar and Bunker House
5750 South Lemay Avenue
Fort Collins CO 80525
TO: City of Fort Collins
Office of Purchasing and Risk Management
256 West Mountain
POB 580
Fort Collins CO 80522
To Whom It May Concern:
1. The undersigned, pursuant to the Request for Proposals, which requested proposals for a
contractual concessionaire to operate the restaurant/snack bar area concession and bunker
house at SouthRidge Golf Course, having examined all documents, the concession 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 the
proposal:
Addendum No.( ),Dated
Addendum No.( ),Dated
3. In submitting this proposal, the undersigned warrants that he/she has complied with all the
provisions of the "Request for Proposals, Instructions, and Specifications," and can furnish the
labor and materials and business acumen to carry out the concession operation 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 Questionaire
B. An Annual Payment Schedule Statement to 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.
Page 1 of 2
RESPECTFULLY SUBMITTED:
NAME:
ADDRESS:
TELEPHONE:
BY:
Signature
TITLE:
END OF PROPOSAL
Page 2 of 2
TABLE OF CONTENTS
ARTICLE PAGE
TABLE OF CONTENTS
ARTICLE PAGE
14.3 Obstruction by Concessionaire ....................................... 12
14.4 No Eviction or Abatement ........................................... 12
15. Default, Rights of Termination ............................................. 13
15.1 Default by Concessionaire ........................................... 13
15.2 City's Remedies on Default ........................................... 13
15.3 Rights and Remedies Reserved ........................................ 14
16. Miscellaneous Provisions..................................................14
16.1 Cumulative Rights ................................................. 14
16.2 Non-Waiver.......................................................14
16.3 Non -liability of Individuals Other Than Concessionaire .................... 14
16.4 Limitations on Use.................................................14
16.5 Governing Law....................................................15
16.6 Benefits..........................................................15
16.7 Construction......................................................15
16.8 Successors and Assigns..............................................15
16.9 Headings.........................................................15
16.10 Attorney Fees....................................................15
16.11 Entire Agreement ................................................. 15
16.12 Severability......................................................15
16.13 Surrender of Possession............................................15
16.14 City Representative................................................16
16.15 Notices.........................................................16
16.16 Paragraph Headings...............................................16
16.17 Schedules and Exhibits ............................................. 16
16.18 Force Majeure....................................................16
16.19 No Limitation on General Powers .................................... 16
16.20 No Relationship.................................................. 17
16.21 Survival.........................................................17
IV
SOUTHRIDGE GOLF COURSE
SNACK BAR CONCESSION AGREEMENT
This Concession Agreement, hereinafter called the "Agreement," is made and entered into
as of the day of December, 1997, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter called "City," and ,
hereinafter called "Concessionaire."
WITNESSETH:
ARTICLE 1
Concession Space
1.1 Definition of Concession Space. For the purposes of this Agreement, the "Concession
Space" shall mean the following areas at the Southridge Golf Course, 5750 South Lemay Avenue,
Fort Collins, Colorado, 80525:
1.1.1 The south half of the main floor in the Clubhouse building, restrooms, and common
hallway, plus the adjacent outdoor patio; and
1.1.2 The snack bar Bunker House and restrooms located between the first tee box and
ninth green.
1.2 Use for Food and Beverage peration. The Concessionaire shall have the use of the
Concession Space for the purpose of offering food, non-alcoholic beverages, licensed alcoholic
beverages and related services primarily to golfers using the Southridge Golf Course and,
incidentally, to the public.
ARTICLE 2
Concessionaire's Use of the Clubhouse and the Concession Space
2.1 In General. Subject to other limitations expressed in this Agreement, the City grants
to Concessionaire the right to exclusive use of the Concession Space and the right to use in common
with others the public areas of the Clubhouse building and Southridge Golf Course in conjunction
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with its food and beverage operations (and for no other purpose) in such spaces and manner as may
be prescribed by the City.
2.2 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.
2.3 Restriction on Items Offered for Sale. Concessionaire may offer such non-food or
non -beverage items as are incidental to its food and beverage service. In no event, however, shall
Concessionaire offer for sale or otherwise supply smoking instruments or tobacco at Southridge Golf
Course.
2.4 Compliance with Applicable Law. The Concessionaire 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 Southridge Golf Course.
ARTICLE 3
Rights of Ingress and Egress
3.1 In General. The Concessionaire shall have the right of ingress and egress to and from
the Concession Space for Concessionaire's employees, agents and invitees to the extent reasonably
necessary in connection with the conduct of Concessionaire's business under this Agreement. Areas
designated as restricted areas by the City shall be excluded.
3.2 Closures. The City may, at any time, temporarily or permanently, close or consent
to or request the closing of any roadway or any other way at, in, or near the Clubhouse or Southridge
Golf Course, presently or hereafter used as such, so long as a reasonable and safe means of ingress
and egress remains available to Concessionaire.
ARTICLE 4
Undertakings of Concessionaire
4.1 Service. Concessionaire agrees:
4.1.1 The Concessionaire shall furnish and pay for all equipment, except as otherwise
provided by the City pursuant to Article 8, all goods, labor, transportation,
supervision and services necessary to provide food and beverage services in
accordance with this Agreement.
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4.1.2 Services provided by the Concessionaire shall include the maintenance of an
adequate stock of food and beverage supplies, dishes, silverware, napkin dispensers,
salt and pepper shakers, glassware and kitchen utensils to serve the demand for such
items at the Southridge Golf Course.
4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide
the public high quality food and beverages and a high level of public service.
Therefore, Concessionaire agrees to offer for sale from the Concession Space only
high quality food and beverages. 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
Concessionaire regarding such matters. However, Concessionaire acknowledges that
the City's determination as to the same shall be conclusive. Failure of Concessionaire
to correct, rectify or modify its prices or quality within five (5) days of being advised
in writing to do so shall be cause for default.
4.1.4 Concessionaire shall submit to the City for review a list of all items to be sold
in the concession area, and proposed prices for all such items. The Concessionaire
shall submit to the City in writing all subsequent item and price changes.
4.2 Hours of Operation. Subject to the exception for inclement weather expressed below,
the Concessionaire will be required to provide daily food and beverage services in the Concession
Space during the months of April, May, June, July, August and September; at a minimum, the
services shall be available from no later than TOO a.m. to no earlier than sundown during these
months.
4.2.1 The parties agree that the hours of operation during the months of October,
November, December, January, February, and March shall be from no later than 10:30
a.m. to no earlier than 4:30 p.m. daily, at a minimum. However, the Concessionaire
shall not be required to operate the concession when the Golf Course is closed due
to bad weather or other reason.
4.2.2 Throughout the year, Concessionaire may, in his/her/its own discretion, close
the concession during inclement weather unless the closure is objected to by the City.
4.3 Special Events Option. Concessionaire shall have the first option, upon request by
the City or the Southridge Golf Professional, 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 Concessionaire elects not to provide such services, the City or
the Southridge Golf Professional may provide food and beverage services through other means. Such
services shall not make use of the Concession Space.
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4.4 Concessionaire Personnel. Concessionaire shall be solely responsible for the hiring
and firing of any persons employed to assist the Concessionaire, and for the conduct and demeanor
of its agents and employees. Upon objection from the City Representative concerning the conduct
or demeanor of any such person, the Concessionaire shall immediately take all lawful steps to remove
the cause of the objection. If the City so requests, Concessionaire agrees to supply and require its
employees to wear suitable attire and to wear or carry badges or other suitable means of
identification, the form for which shall be subject to prior and continuing approval of the City.
4.5 Statement Recordkeepina and Audits. Concessionaire 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
Concessionaire hereby grants to the City the right to audit Concessionaire's books and records for
its operation at Southridge 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 Southridge Golf Course, at the City's election, all records,
books and relevant related information as may be required for audit purposes.
4.6 Physical Interference. Concessionaire shall not do, nor permit to be done, anything
which may interfere with the effectiveness or accessibility of the drainage system, sewerage system,
fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if any, installed
or located in the Clubhouse or elsewhere at Southridge Golf Course.
4.7 Taxes. Concessionaire 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 Southridge Golf Course, upon any taxable interest
acquired by the Concessionaire in this Agreement, or any taxable possessory right which
Concessionaire may have in or to the Concession Space or facilities or the improvements thereon, by
reason of Concessionaire's occupancy or use thereof, or otherwise, as well as all taxes on taxable
property, real or personal, owned by Concessionaire or taxes on Concessionaire's operations or
activities in or about the Concession Space or elsewhere at Southridge 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 Concessionaire for exercising any right or privilege granted by the
City to Concessionaire in this Agreement with respect to the use of the Concession Space and
Clubhouse. Nothing herein shall prevent Concessionaire from protesting, through due process, any
taxes levied.
4.8 Licenses. Concessionaire 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 hotel -restaurant with optional premises liquor license, and a City
business license and/or occupation license. Failure to qualify for a liquor license or other required
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license, or failure to obtain any such license within ninety (90) days of execution of this Agreement
shall constitute a default hereunder.
4.8.1 Any such licenses held by the Concessionaire in connection with this Agreement
shall be surrendered by the Concessionaire upon termination of this Agreement.
4.8.2 Upon Concessionaire's surrender of all licenses and acquisition of new licenses
by such replacement concessionaire as the City may select, the City shall reimburse
Concessionaire 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 Concessionaire's
surrender to license expiration.
4.8.3 For the purpose of the hotel -restaurant with optional premises liquor license,
the "premises" shall be defined to include the Clubhouse and patio, snack bar
half of the Bunker House, and the entire golf course grounds of Southridge Golf
Course.
4.9 Vending MachinesBevera Carts.
4.9.1 This Agreement does not contemplate Concessionaire's use of vending
machines in the supplying of food, beverages or incidental items during the April through September
golf season. Any installation or use of vending machines is subject to the prior written consent of the
City Representative.
4.9.2 Concessionare shall be required to provide and operate one (1) or more
beverage carts in order to provide food and beverage services on the grounds of the golf course.
City -owned or leased golf cars shall not be used for this purpose.
ARTICLE 5
Term
5.1 Period. The term of this Agreement shall commence January 1, 1998 or on the date
this Agreement is executed by the parties and, unless terminated sooner, shall expire on December
31, 1998.
5.2 Renewal -- 1999. This Agreement shall be automatically renewed for a period from
January 1, 1999, until December 31, 1999, unless the Concessionaire is in default or unless one party
serves written notice to the other party of its intention to terminate the Agreement, provided such
written notice must be served at least ninety (90) days prior to December 31, 1998.
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