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HomeMy WebLinkAboutRFP - P896 ROLLAND MOORE TENNIS PRO SHOP CONCESSION (2)City of Fort Collins AdministratiLve Services Purchasing Division REQUEST FOR PROPOSAL Proposal Number P896 ROLLAND MOORE TENNIS PRO SHOP CONCESSION The City of Fort Collins is seeking proposals from qualified firms to operate the Rolland Moore Park Tennis Pro Shop. The selected concessionaire will sell merchandise, provide pro -shop services, and rent equipment from the Pro Shop building. Written proposals, three (3) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 2:30 p.m. (our clock), August 21, 2003. Proposal No. P896. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager, Marc Rademacher (970) 221-6309. Questions regarding proposals submittal or process should be directed to Buyer, David M. Carey C. P. M. (970) 416-2191. 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 #30896. 2. Download the Proposal/Bid from the Purchasing Webpage, www.fcgov.com/purchasing. 3. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, 9cts B. O' eill I, CP OO, FX_ NIGP or of Purchasing & Risk Management 1 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 ARTICLE 6 - Fee for Conducting Business 6.1 Concession Fee For the privilege of conducting the concession operations hereunder, the Concessionaire shall pay to the City an amount equal to (_)percent of gross pro shop sales and service proceeds; private, semi -private and group lesson fees; clinic and tournament fees; other court/equipment rental fees; and fees charged for any other Concessionaire -organized events and programs held on City tennis courts or at other City facilities. 6.2 Time of Payment The Concessionaire shall pay the Concession Fee to the City, on a monthly basis, in no event, later than the twentieth day of the month for concession fees due from the previous month 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 Payment Payment for all fees under Article 6 shall be by check or money order payable to the order of "City of Fort Collins" and shall be mailed or personally delivered to the Recreation Administrator of Sports, 413 S. Bryan, Fort Collins, CO 80521. ARTICLE 7 - Services to be Provided by the City 7.1 See Exhibit A, Scope of Work ARTICLE 8 - Acceptance and Trade Fixtures 8.1 Acceptance Concessionaire accepts the Concession Space "as is." 8.2 Installation of Equipment and Trade Fixtures No equipment or trade fixtures and other personal property used by Concessionaire in its business, whether or not attached to the concession space at Rolland Moore Park or any Improvements thereon, shall be installed without the prior written approval of the City. 8.3 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 and equipment subject to any valid lien the City may have thereon for unpaid rents. 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. 8.4 Applicable Law All trade fixtures or equipment installed by Concessionaire pursuant to this Section 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. 10 ARTICLE 9 - Damage to Parks by Concessionaire Concessionaire shall be liable for and shall repair or cause to be repaired within fifteen (15) days after occurrence any damage to Rolland Moore Park, including the Concession Space, caused by Concessionaire, its board members, officers, agents, employees or anyone acting under its direction and control, ordinary wear and tear excepted. 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 Rendered Untenantable, Except as Provided in Article 9 Above In case, during the term of this Agreement, the Concession Space or any part thereof shall be destroyed or shall be so damaged by fire or other casualty so as to be rendered untenantable or unusable, 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 such damage or destruction. 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, equipment, signs and 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 and for that purpose may use the proceeds of any insurance payable on account of such damages. In any event, 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. 10.2 Concession Space Tenantable If the Concession Space 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. 10.3 Exception for Damage Caused by Concessionaire In the event of damage caused by Concessionaire as addressed in Article 9 of this Agreement, the provisions of Article 9 shall govern in any conflict between Article 9 and Article 10. 10.4 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 concession space at Rolland Moore Park, however the necessity may occur. ARTICLE 11 - Indemnification and Insurance 11.1 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 by Concessionaire, its 11 agents, employees or Concessionaires. 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" and "City" includes the respective directors, officers, agents, employees and Concessionaires of Concessionaire and City. 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 anyway connected with this Agreement. 11.4 Concessionaire Insurance Without limiting any of the Concessionaire's obligations hereunder, the Concessionaire shall provide and maintain general liability insurance coverage naming the City as an additional insured with limits of not less than $1,000,000. 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 underthis Agreement, nor shall the insurance requirements be construed to conflict with the obligations on Concessionaire concerning indemnification. ARTICLE 12 - No Interest in Real Property Concessionaire agrees that this Agreement constitutes merely a license 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 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. ARTICLE 14 - Right of City to Enter, Inspect and Make Repairs 14.1 In General City and their authorized employees, agents, Concessionaires and other representatives shall have the right (at such times as may be reasonable under the circumstances and with as little interruption 12 to Concessionaire's operation as is reasonably practicable) to enter upon the 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: 14.1.3 To make structural additions and alterations. 14.1.4 For any other lawful purpose 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 part of the Concession Space housing the vending machines 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, their officers, employees, agent or Concessionaires, 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. 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 ten (10) working days after notice from City of such nonpayment. 13 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 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 taking of possession of the Concession Space, or any portion thereof, or all or substantially all of the assets of Concessionaire by virtue of any attachment, execution or levy of any judicial process in any action instituted against Concessionaire in any court of competent jurisdiction and the failure of Concessionaire to secure the release of such attachment, execution or levy within sixty (60) days from the date of the taking of such possession. 15.1.7 The assignment by Concessionaire of its assets for the benefit of creditors. 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 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 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 16 - Miscellaneous Provisions 16.1 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 Concessionaire, at law or in equity, and the exercise of any remedy, or the existence herein of other remedies or 14 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 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 Park Use Concessionaire shall not use, or permit the use of Rolland Moore Park, or any part thereof, for any purpose or use other than those authorized by this Agreement. 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 Headings The paragraph headings and titles of the several articles of this Agreement are inserted herein for convenience and reference 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 Entire Agreement 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. 15 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 City or Concessionaire in their 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 and surrender entire possession of its rights to the City and its improvements in accordance with Section 9 above, unless this Agreement is renewed or replaced. 16.14 City Representative The City designates Marc Rademacher as its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to this Agreement. All requests for contract interpretations, amendments and other clarifications or instructions shall be directed to the City Representative. 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: Concessionaire: City: James B. O'Neill II, CPPO Director of Purchasing and Risk Management City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 16.16 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 the reference incorporated in this Agreement. 16.17 Force Majeure 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 for which it is not responsible or that are not within its control. 16.18 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 orfederal, state or local laws, rules or regulations. 16 16.19 No Relationship Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or a partnership or a joint venture between the parties hereto. 16.20 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. THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill ll, CPPO, FNIGP Director of Purchasing & Risk Management DATE [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] Doing business as [insert name of business] AN Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: Corporate Secretary (Corporate Seal) 17 Exhibit "B" BACKGROUND CHECKS FOR POSITIONS OF TRUST Certain positions to be utilized by Concessionaire 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. Concessionaire 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 City. The Concessionaire 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 Concessionaire, 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. Concessionaire 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 Concessionaire shall hold the City harmless for any injury or loss resulting therefrom. Process for Obtaining Background Check Information The Concessionaire shall use the following procedure Once an employee or volunteer selection or assignment for work under the Concessionaire Agreement with the City is made, the employee or volunteer shall complete the background check form attached to the Agreement as Exhibit "C", 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 Concessionaire can complete a thorough background check. 2. If the Concessionaire 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. Exhibit "C" DISCLOSURE TO EMPLOYEENOLUNTEER REGARDING PROCUREMENT OF A CONSUMER REPORT (INCLUDING 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, ***, 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 ***, 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: Date of Birth: Applicant's Address: (Please Print) Social Security #:_ Signature: City/State/Zi 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: 1. Address City/County/State/ Zip 2. Address City/County/State/ Zip Please list any additional addresses on the back of this page. Give this disclosure with a copy 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. 19 Proposal No. P- 896 Rolland Moore Tennis Pro Shop Concession Section 1.0: Proposal Requirements 1.1 General Description The City of Fort Collins is soliciting proposals for a concessionaire to operate the Rolland Moore Park Tennis Pro Shop. The selected concessionaire will sell merchandise, provide pro -shop services, and rent equipment from the Pro Shop building. 1.2 Proposal Submittal The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. Firms submitting proposals shall submit three (3) copies of the proposal with the following information: a. Company history and experience in pro -shop operations as described in Exhibit A, Scope of Work. b. A brief statement covering the company philosophy in providing pro -shop services to the Fort Collins tennis community. C. The name of the company representative responsible for providing further information and negotiating a possible agreement with the City. d. References from three or more organizations which have used your company for similar programs and services within the last two years. e. A written description of the proposed programs and services as required below. A schedule of planned operational days and hours for the Pro Shop. Such schedule should cover an entire year of operations. f. A statement of your company philosophy concerning customer service. g. Payment amounts to the City, as requested in Section 4.0. h. Pricing for services, as requested in Section 4.0. The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title of the individual signing the proposal. Section 2.0: Background The City of Fort Collins has operated the Rolland Moore Racquet Center since 1984. Now the Recreation Division would again like to contract with an outside vendor to run the operation. The concessionaire should be able to provide a complete package of services and merchandise to the citizens of Fort Collins. • The Racquet Center has eight hard surface tennis courts, two platform tennis courts, and three outdoor racquetball courts. The concessionaire will have exclusive rights to give private, semi -private and group lessons on all the above courts. The Concessionaire will also have priority access to the thirty-five (35) additional City -owned tennis courts and will be responsible for all scheduling and collection of fees. 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. 1681-1681 u, at the Federal Trade Commission's web site (http://www.ftc.gov). The FCRA gives you specific rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights. You must be told if information in your file has been used against you. Anyone who uses information from a CRA to take action against you -- such as denying an application for credit, insurance, or employment -- must tell you, and give you the name, address, and phone number of the CRA that provided the consumer report. You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars. You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs -- to which it has provided the data -- of any error.) The CRA must give you a written report of the investigation and a copy of your report if the investigation results in any change. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the 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. to 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. 20 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 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 FAIR CREDIT REPORTING CONTACT: CRAs, 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 banks (word "National" or initials "N.A." appear in or after bank's name) Office of the Comptroller of the Currency Compliance Management, Mail Stop 6-6 Washington, DC 20219 (800) 613-6743 Federal Reserve System member banks (except national banks, and federal branches/agencies of foreign banks) Federal Reserve Board Division of Consumer & Community Affairs Washington, DC 20551 (202) 452-3693 Federal credit unions (words "Federal Credit Union" appear in institution's name) National Credit Union Administration 1775 Duke Street Alexandria, VA 22314 (703) 518-6360 State -chartered banks that are not members of the Federal Reserve System Federal Deposit Insurance Corporation Division of Compliance & Consumer Affairs Washington, DC 20429 (800) 934-FDIC Air, surface, or rail common carriers regulated by former Civil Aeronautics Board or Interstate Commerce Commission Department of Transportation Office of Financial Management Washington, DC 20590 (202) 366-1306 Savings associations and federally chartered Activities subject to the Packers and savings banks (word "Federal" or initials "F.S.B." Stockyards Act, 1921 appear in federal institution's name) Department of Agriculture Office of Thrift Supervision Consumer Programs Office of Deputy Administrator - GIPSA Washington, DC 20552 (800) 842-6929 Washington, DC 20250 (202) 720-705 21 Exhibit "D" REQUEST, AUTHORIZATION AND WAIVER I hereby request and authorize the City of Fort Collins, its officers, employees, and agents (collectively referred to as the "City'), at anytime within one year of the date of this request, to provide reference information, whether written or verbal to "", concerning my employment with the City of Fort Collins. Such reference information may include, but is not limited to, my personnel files, objective and subjective evaluations of my employment performance, attendance records, and any other information of any kind, written or verbal, concerning my employment with the City of Fort Collins. I hereby fully waive any rights, claims, and damages I have or may have against the City that may directly or indirectly result from the use, disclosure or release of any information by the City, whether such information is favorable or unfavorable to me. Signature Printed Name Address Telephone Number State of Colorado County of Larimer Subscribed and sworn to before me this _ day of 20_ by My commission expires .20 . SEAL Notary Public Date 22 Section 3.0: Scope of Work City expectations of the contractor: • 5 years of full-time experience running a public facility • 10 years of full-time overall Tennis programming experience • Ability and knowledge to both run pro -shop operations and program tennis activities. • Certified USPTA prof professional on staff At a minimum, the selected concessionaire must provide: • Racquet stringing services • Ball machine rentals (concessionaire must supply tennis balls for the machine) • Tennis lessons and other tennis activities on City -owned tennis courts • Instructors, payment to instructors and equipment for any tennis programs • Sale of tennis related items in the pro -shop • Distribution of Recreation Division literature in the pro -shop • Registration for all tennis activities including on-line registration • A price list for all products and services, updated monthly • Scheduling for all City -owned courts • Rental fee collection from court rentals using fees set by the City Recreation Division • Tennis program marketing for the growth of tennis in Fort Collins • Year-end reports that detail total program participation and court usage The Concessionaire will be responsible for: • Scheduling and collection of fees for all City -owned courts • Care, cleaning and minor maintenance of the Pro -Shop building • Care and cleaning of the storage shed northwest of the pro shop • General cleaning of the area around the pro shop • Payment of telephone and data line expenses related to the Pro Shop operation • Care of any City property used in the Pro Shop • Providing registration materials to the Recreation Communications office • Reporting maintenance concerns to the proper park crew chief. • Payment to City on a (monthly) basis. • Informing Outdoor Sports Facility Scheduler of major events (i.e. large tournaments, clinics etc..) • Providing tennis programs to the citizens of Fort Collins • Running background checks on all staff that will work with the public • Providing Roll-Dris or other court drying devices • Water removal from courts caused by weather The City will be responsible for: • Maintenance of the courts, buildings and surrounding areas • Providing marketing assistance for new activities offered by the concessionaire, space for general tennis information in each issue of the recreation program brochures, assistance in targeting new tennis audiences in the community, and assistance with solicitation of interns form area universities. • Landscaping care and maintenance. Trash removal from City trash containers. • Establishing rental court fees 3 • Entering large events into the City's Event Management System (EMS). • Providing background check forms and payment of background check The concessionaire shall have exclusive rights to: • Pro Shop for sales of goods and services • Providing private, semi -private, and group lessons; clinics, tournaments, and other tennis activities at the Rolland Moore Racquet Center and other City -owned courts. • Priority use of all City -Owned courts The Concessionaire shall have the use of the following City -owned equipment. Maintenance of such equipment shall be the responsibility of the Concessionaire. • Alpha Ultra Edge III automatic stringing machine • Sentry Valuguard 1310 safe • Four interior steel company lockers • Playmate ACE BP ball machine with remote control • Misc. Office furniture: Desk and table • Merchandise displays, including one clothes rack and wall mounts GJ Section 4.0: Payment/Pricing Schedule Statement In your written response to this proposal, provide payment amounts and pricing to cover the following items: Payment amounts to City for the following: a. Pro Shop Concession Sales and Service proceeds % b. Lessons (private, semi -private and group), Clinics and Tournaments % c. Any other Concessionaire organized events and programs held on City tennis courts or at other City facilities % d. Racquet Stringing Services % e. Ball Machine Rentals % f. Court Scheduling/Rental % g. Clinics % h. Tournaments % Cost to the Public for the following services: a. Ball Machine Rental $ per hour b. Private Lessons $ per hour c. Semi -Private Lessons $ per hour d. Group Lessons $ per hour e. Racquet Stringing $ per racquet SUBMITTED BY NAME: ADDRESS: TELEPHONE: BY: Signature TITLE: 5 Section 5.0: Evaluation 5.1 Evaluation and Assessment of Proposal An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth below. Firms shall be evaluated on the following criteria. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the qualification. Weighting Qualification Standard Factor 1.0 Scope of Proposal Does the proposal show an understanding of the proposal objective and desired results? Does the vendor have the needed experience to 2.0 Experience successfully operate the concession? Can the vendor available to operate the concession 2.0 Availability during the hours proposed? 1.0 Motivation Is the firm interested in operating the concession? 2.0 Cost Are the proposed payments and costs reasonable? Does the vendor have the capability of operating the 2.0 Firm Capability concession? 5.2 Reference Evaluation (Top -ranked firms) The Project Managers will check references using the following criteria. The evaluation rankings will be labeled Satisfactory / Unsatisfactory. 5.3 Qualification and Standard a. Overall Performance - Would you hire this company again? b. Customer Service - Was the company responsive to customer needs? Did the company anticipate problems? Were problems solved quickly and effectively? C. Payments — Were concession and rental payments made in full and on time? d. Knowledge - Did company personnel exhibit the knowledge and skills necessary to efficiently carry on concession operations? Section 6.0: Proposal Acceptance: All proposals shall remain subject to initial acceptance 90 days after the day of submittal. Concessionaire may be selected on the basis of written proposals or up to three respondents may be called in for interviews. Interviews will be rated using the same criteria as the written proposals. Section 7.0: Concession Agreement: A Pro Shop Concession Agreement is attached. Exemptions to the agreement should be noted with the Request for Proposal submittal. 6 ROLLAND MOORE PARK RACQUET CENTER PRO -SHOP CONCESSION AGREEMENT This Concession Agreement, hereinafter called the "Agreement", made and entered into as of the 1st day of January, 2004 by and between The City of Fort Collins, Colorado, a municipal corporation, hereinafter called "City", and , hereinafter called "Concessionaire." WITNESSETH: GENERAL SCOPE OF SERVICES The Concessionaire agrees to provide Pro Shop services in accordance with the following articles and the scope of services attached hereto as Exhibit A, consisting of (_) pages, and incorporated herein by this reference. ARTICLE 1 - Concession Space 1.1 Definition of Concession Space For the purposes of this Agreement, the "Concession Space" shall mean the Tennis Pro Shop located in Rolland Moore Park and the storage shed located northwest of the Pro Shop. ARTICLE 2 - Concessionaire's Use of Concession Space 2.1 In General The City grants to Concessionaire the following rights and privileges: 2.1.1 Subject to other limitations expressed in this Agreement, the right to exclusive use of the Concession Space for Pro Shop operations (and for no other purpose) in such spaces and manner as may be prescribed by the City. ARTICLE 3 - Rights of Ingress and Egress 3.1 In General Concessionaire shall have the right of ingress and egress to and from the Concession Space and Parks 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 Rolland Moore Park, presently or hereafter used as such, so long a reasonable and safe means of ingress and egress as provided above remains available to Concessionaire. ARTICLE 4 - Undertakings of Concessionaire 4.1 Pro Shop Services 7 4.1.1 Scope of Work (to be attached as Exhibit A) 4.1.2 Concessionaire acknowledges the desire and obligation of the City to provide the public with quality merchandise and a high level of service. Therefore, Concessionaire agrees to offer for sale from the Concession Space only merchandise and services at prices not to exceed the prices customarily charged for similar items in Fort Collins area Pro Shop operations. If, in the opinion of the City, the selection of items offered is inadequate or not of acceptable quality, if any of the prices are excessive or if any of the items are found to be objectionable for display and/or sale in a public facility, the City 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 seven (7) days of being advised in writing to do so shall be cause for default. 4.1.5 Concessionaire may not add, remove or otherwise vary its services listed in Section 4.1.1 without the prior written authorization of the City Representative. 4.2 Hours of Operation To be determined by Concessionaire with approval of the City Representative. 4.3 Concessionaire Personnel Concessionaire shall control the conduct and demeanor of its agents and employees. The Concessionaire agrees to provide to the City at all times a current list of employees, volunteers and other representatives or agents of Concessionaire that will be working on behalf of Concessionaire in providing services to the City under this Agreement. The Concessionaire and the City acknowledge and agree that certain services provided by Concessionaire will require that employees and volunteers of 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, Concessionaire agrees that all employees, volunteers, and other representatives or agents of the Concessionaire in positions of trust, as described in Exhibit B, consisting of two (2) pages, attached hereto and incorporated herein by this reference, shall be screened using the background screening procedure described on Exhibit B, 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 Concessionaire shall require the completion and execution of the Disclosure form attached hereto as Exhibit C, consisting of three (3) pages and incorporated herein by this reference, and the Request, Authorization and Waiver form, attached hereto as Exhibit D, consisting of one (1) page and incorporated herein by this reference, and shall provide to the employee/volunteer of the Summary of Rights under the Fair Credit Reporting Act included as part of Exhibit C. The City may provide assistance in completing the background investigation, including providing information from the completed disclosure form to an outside vendor for a confidential records check. Concessionaire acknowledges that in such event, by providing such assistance to Concessionaire 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 Concessionaire shall hold the City harmless for any injury or loss resulting therefrom. In the event that a background check, or any other information available to the Concessionaire or the City, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence 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. Upon 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 Concessionaire, the Concessionaire shall immediately take all lawful steps to remove the cause of the objection or to remove such individual from the performance of any services provided hereunder. 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. 4.4 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 Rolland Moore Park. 4.5 Taxes Concessionaire agrees to pay all lawful taxes, assessments and payments -in -lieu which, during the term of this Agreement or any extension hereof become due or which, may become a lien or 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, 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 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 Rolland Moore Park. Nothing shall prevent Concessionaire from protesting, through due process, any taxes levied. ARTICLE 5 - Term 5.1 Period. The term of this agreement shall commence on January 1, 2004 and, unless terminated sooner, expire on January 1, 2005. In addition, at the option of the City, the Agreement maybe extended for additional annual periods, not to exceed four (4) such renewal periods. Changes in the Concession Agreement shall be negotiated by and agreed to by both parties 5.2 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. I