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HomeMy WebLinkAbout130689 SKYHAWKS SPORTS ACADEMY - CONTRACT - AGREEMENT MISC - SKYHAWKS SPORTS ACADEMY (4)SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Skyhawks Sports Academy, Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services The Service Provider agrees to provide Youth Sports Programs in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of six (6) pages, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence March 151h, 2005 and shall continue in full force and effect until March 15th, 2006, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one (1) year periods not to exceed four (4) additional one (1) year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: Skyhawks Sports Academy, Inc. Attn: Chris Stiles 12020 N Mill Road Spokane, WA 99218-2861 SA 10197 :ty-la"Ak£ 801:, L30rC££B L3a'Ue ti.tti"1"a �1k£ Pow �iC�a?y 3:0]R.k1- Clt} Dark FMC a1 'sE9 7-1 C 1 z,24 SoA4= $?5 1 j 55? ^,2 Ct3y :i8££ICi FE? t2OG�h/ '70%03 3]°0Q, "222CU` 7132]0S- 9:03AM- N)Dark FLIC=1 5E9 7-1C 1EV 722,2.05 1:OC Y �• 2_0-- ?:U].%-.li• -c9k Fart Ir lr?7E9 1 . 3112 .2?2:G° iCOC�N Rlrt 0A�;3'_9 1150? 1,2 Day 33£E10l FE? SOF�_3?7 1 i 58? 2 G3} :; ££IO1 Fe? 2CO°- ?:CQA,ii- =055 C`E?k Para If Ir?SE9 7-1 C 3 i2 J�F-CB'_8 1 j 58 1,2 G3y De££IOi Fe? 29 ^CG° 1:OC�h' ']°wa; 31tiOti1 Dirt © Copyright 2004 Skyhawks Sports Academy, Inc. All Rights Reserved 10 Location Information N31te: Ro aTd Vo, a PaA Address .... ass _. 'i[ki�•t'zi�. Directions M'.7 OrAC *0�•3, 93 73rtr'. 3n Y 1rje Os --t'e?t r"e Ca'K ara b3skF..a '.. ooirtE are of tie ?R Location Information Id3lie: Clhj Park. FWC =6 Address '.V IAL bar-: trael . ass _ Ciy,SG'�p Directions Co'lar V V VJICATy Z24t 3r+3 S 11?I3s Location Information N3lie d °oss v-eak Pan. Ir fr? Mix Address _E2 71.-eri3y A+.nae ?ss C3Uis. Directions m v.E'_b;oserr 3n Larar:ae^.tz Tn?a3w++t �ecnyau 77t Location Information h.371e --It} 73rk xw, =1 Address ';: ML wrr. _tr_e1 �i:y'SC-!p °0^ CSII is. 3C5=1 Directions CO i?r U t': v Jlte'ry 5: ?at 3n3 Ynel3s a?a:. © Copyright 2004 Skyhawks Sports Academy, Inc. All Rights Reserved 11 EXHIBIT B Insurance Requirements The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 12 EXHIBIT C Background Checks for Positions of Trust Certain positions to be utilized by Service Provider 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. Service Provider 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 Service Provider 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 Service Provider, 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. Service Provider 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 Service Provider shall hold the City harmless for any injury or loss resulting therefrom. Process for Obtaining Background Check Information The Service Provider shall use the following procedure: Once an employee or volunteer selection or assignment for work under the Service Provider 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 Service Provider can complete a thorough background check. 2. If the Service Provider 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. 13 EXHIBIT D DISCLOSURE TO EMPLOYEEIVOLUNTEER 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, SKYHAWKS SPORTS ACADEMY, INC. 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 SKYHAWKS SPORTS ACADEMY, INC., and/or the City of Fort Collins to obtain a consumer report and/or an investigative report about you in order to consider you for employment/volunteer status, including any records related to previous employment or contractual relationships you have had with the City of Fort Collins. Applicant's Name: (Please Print) Date of Birth: Social Security #: Applicant's Address: City/State/Zip: Signature: 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 14 City of Fort Collins. iB7 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. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source. You can dispute inaccurate items with the source of the information. If you tell anyone -- such as a creditor who reports to a CRA -- that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you've notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error. W, 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 17 EXHIBIT E 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 SKYHAWKS SPORTS ACADEMY, INC., 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 lu EXHIBIT F City of Fort Collins-CLRS Adaptive Recreation Opportunities Inclusion Procedures: Accommodations for people with disabilities The City of Fort Collins Recreation Division provides equal and quality recreation opportunities to all members of the community. Individuals of all abilities should have the opportunity to equally participate in any class of their choice. The Adaptive Recreation Opportunities program (ARO) works with all program areas to ensure that people with disabilities have the necessary accommodations or support they need to participate in any recreation program at their highest level of independence. Inclusion Objectives 1.) To welcome and support individuals with disabilities into any recreation programs, activities or facilities that the Recreation division has to offer. 2.) To provide the accommodations they need to participate as fully and independently as possible in the least restrictive environment. 3.) To be included as a valued member of their class and benefit equally from all the physical, cognitive and social values that the program offers. Inclusion procedures 1. The Therapeutic Recreation Specialist (CTRS), in collaboration with other city staff, will make every reasonable accommodation possible to include individuals with disabilities into recreation programs and activities. 2. All special accommodation requests will be processed through the CTRS. A two -week advance notice is requested to assure a positive experience. Requests are received by checking the Special Needs box on the registration form; by a direct request from an individual, parent or provider; or by the class instructor. 3. The CTRS will assess the individual's needs and abilities and then develop an accommodation or support plan to allow the person to fully participate and equally benefit from the class. This plan is developed with input from many resources: instructors, program coordinators, participants, physicians or other therapists, family members etc. 4. The CTRS will work with the class instructor and program coordinator to discuss the needs of the participant to be included, class content, curriculum, equipment, and environment to foresee any needed accommodations and answer any questions they may have. 5. Accommodations may include sign language interpreters, modified equipment or techniques or 1:1 support companions. The specific program area in which the participation occurs will pay any costs associated with accommodation support. 6. Participants may provide their own support companions who will be admitted at no cost to the activities. The CTRS will also arrange sign language interpreters, volunteers, interns, students or City staff for support. City staff members in specific program areas who have the interest, experience or desire, are encouraged to be trained for on -going support needs. 7. All support companions are trained for individual support by the CTRS. 8. If needed, an ARO staff member will attend the first class with the participant and companion, then continue communication and support with all parties involved through the duration of the program. 9. Evaluation and follow up will occur after the class has ended. 19 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, the sum equal to 70% of all registration fees at the conclusion of the season. 6. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service Provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty Service Provider warrants that all services shall be provided with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. 11. Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: a. Terminate the Agreement and seek damages; b. Treat the Agreement as continuing and require specific performance; or SA 10197 2 Questions or more information? Call Renee Lee, CTRS, at 224-6027. 20 EXHIBIT G Special Provisions Invoice Information All invoices are due to Skyhawks within 30 days of Organization's receipt of the invoice. Scholarship and Certificate participants will not be included as paid participants in your program totals. 100% of partial payments and Helping Hand donations are the property of Skyhawks and must be submitted. Full commissions are due for all Non -Refunded, and registered participants who do not attend. Organization Coordinator is responsible for reconciling roster information and counts with onsite Skyhawks Director during the Session week. Data ownership Skyhawks and Organization each shall have ownership of all the names, addresses, phone numbers, email addresses and financial data. Organization agrees to provide Skyhawks and Skyhawks agrees to provide Organization, if requested, all participant data. All data must be provided to Skyhawks in .txt or .csv format. Data to be only used for future City of Fort Collins' sports programs. Miscellaneous Any revenue from sales to participants by Skyhawks or its Partners shall remain the property of Skyhawks (i.e. purchase of additional balls). If your organization has a mailing list, a list of age -appropriate contacts will be provided to Walt's Mailing, a bonded mailing house, or to Skyhawks by 01-31-05. This data will allow Skyhawks to distribute a direct mail piece advertising your program. Organization's media promoting Skyhawks programs must first be approved by Skyhawks. Responsibilities Skyhawks are responsible for: • Providing to the City of Fort Collins background checks for all employees that will be in contact with the participants no more than 5 days prior to the start of the camp • Providing all staff and equipment needed to effectively run the camp • Providing scholarship assistance under the city partial scholarship program • Working with customers to resolve disputes, complaints etc... The City is responsible for: • Providing fields/facilities for the camps • Taking all registrations for the camps • Sending a check for 70% of registrations at conclusion of the season 21 c. Avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Director of Purchasing and Risk Management, PO Box 580, Fort Collins, Colorado 80522, one (1) copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Rights of Ingress and Egress Service Provider shall have the right of ingress and egress to and from the City's fields and facilities for Service Provider's employees, agents and invitees to the extent reasonably necessary in connection with the conduct of Service Provider's business under this Agreement. Areas designated as restricted areas by the City shall be excluded. SA 10/97 3 18. Service Provider Personnel Service Provider shall control the conduct and demeanor of its agents and employees. The Service Provider agrees to provide to the City at all times a current list of employees, volunteers and other representatives or agents of Service Provider that will be working on behalf of Service Provider in providing services to the City under this Agreement. The Service Provider and the City acknowledge and agree that certain services provided by Service Provider will require that employees and volunteers of Service Provider 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, Service Provider agrees that all employees, volunteers, and other representatives or agents of the Service Provider in positions of trust, as described in Exhibit C, consisting of one(1) page, attached hereto and incorporated herein by this reference, shall be screened using the background screening procedure described on Exhibit C, 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 Service Provider shall require the completion and execution of the Disclosure Form, attached hereto as Exhibit D, consisting of three (3) pages and incorporated herein by this reference, and the Request, Authorization and Waiver Form, attached hereto as Exhibit E, 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 D. 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. Service Provider acknowledges that in such event, by providing such assistance to Service Provider 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 Service Provider 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 Service Provider 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 Service Provider, the Service Provider 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, Service Provider 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. SA 10/97 4 18. Licensing and Taxes Service Provider shall obtain and pay for all licenses needed to operate youth sports programs including, but not necessarily limited to, City and State sales tax licenses. Any such licenses held specifically by the Service Provider in connection with this Agreement shall be surrendered by the Service Provider at the time of termination of this Agreement. Service Provider agrees to pay all lawful taxes, assessments and payments -in -lieu which, during the term of this Agreement or any extension hereof. 19. Laws, Rules & Regulations The operation by Service Provider of youth sports camps granted under this Agreement shall, at all times, conform with all applicable Federal, State, and local laws and with all applicable rules 19. Damage to Parks/Facilities by Service Provider Service Provider shall be liable for and shall repair or cause to be repaired within fifteen (15) days after occurrence any damage to City fields and/or facilities caused by Service Provider, its board members, officers, agents, employees or anyone acting under its direction and control, ordinary wear and tear excepted. 20. ADA Compliance The City of Fort Collins Recreation Division proudly supports the Americans with Disabilities Act (ADA) and is dedicated to providing programs and services to citizens with disabilities. Agencies contracted by the City to provide programs and services shall also be responsible for providing and paying for the necessary accommodations or support for individuals with disabilities to participate in any activity of their choice. This may include, but is not limited to, hiring sign language interpreters, modifying instructional technique and equipment, providing trained staff or volunteers for one on one support. The City will be responsible for any structural ADA modifications to the facility and provide staff training and resources for determining and implementing accommodations. Please refer to the City of Fort Collins - CLRS Inclusion Procedures, attached as Exhibit "F". 21. Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit G, consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT %COOL/L�I�NS,jC�OL%OORRADO By: ry� 3Vi - l.C. Jame O'Neill II, CPPO Director of Ptchi ] aod�isk Management Date: 'Ti Skyhawks Sports Academy, Inc. By. Print Name: Chris Stiles Title: ni Date: `j- kO SA 10/97 5 EXHIBIT A Scope of Services General Information Organizs:ion: Ft co !15 =ass and Rea^=.a:ion Address: 4' 8 Sout- Erb..^ Av-^..e :c'ess 2 aT. `p Fort Co-3, CC 80521 Cga-aatc Phone Fax: C RL Registration Information 4G?4 Display 0 Cr ce C splay: C•g Process D3rOCICnlls VIEP7 :Vl.+' Ir':rTatt-n 11It,,- $k1'naBls Bits te. A . C3YTelt All -e .30-1 by the �''+'q 'lake o--:ks savable to =arts and Rev=Orion Sankcard +7pbcns cn Media Mx •'es a NO❑ 4pUcns r V SA MC :,f.1Et:0D SC P.egistra:-on Contact Hcdine 41 _-._ -x4_ E t: He:hne ?2 Ext. 'snail =orn a zees to Rec'ea:ion Regis:rato- Address -'4 N. dcsv-s .:'ess 2. -iy ST. `ip. Fort Cc....-3. CC 80521 Does the Org Accept =ax Reg'91ra7ioris 'des .7 Shone P.egistra:ion=_ ''as ???- '= car Ext 'eOlk-r R-,stations: ''es 3aeattacre, Online P.egistraaons `es vyca :omrecr_a:or epic:ration Begins ... 21. 2005 Crp=egiscrzoon Sof*3-e: --,.her 4ebT'ac Flyer Production C•g needs fyers tc' dis:ributs Le schools Eo RO Count: C C+g needs fyers f e t organization y: es vo -cunt:?`- Flyer Options inr . x t e � �rg's Logo on Promc Ata:enai [D 'es[:] vo .physic3 So-c.: Approva Stamp muss ❑`'esEl vo :- print. on each ::hoot Dis_lairr=- n-., t be .�^red o^ fryer �'+esQ vo Jisaain•-� Text: Flyer Bundling Bundling Nees C:her'Jotes: Mail Flyers To org: Fort Co: -s =ark a^ R-:reab- Gx:ac:: 'daro Rad-stac--r Address 4'? Sout Bryn- Ave-.e ]cyrSc�p: Fort C. -s. CC 80521 © Copyright 2004 Skyhawks Sports Academy, Inc. All Rights Reserved Ll NOTE: The following statements are to be used on the Participant Release only. Section 14 of the Services agreement covers Indemnity Insurance obligations of the Service Provider to the City. Skyhawks Liability Statement I, the undersigned parent/guardian of the individual named above, a minor, do hereby agree to allow the individual named herein to participate in the aforementioned activity and authorize the program directors and/or instructors as Agents for the undersigned to consent to Medical, Surgical and/or Dental Examination, in addition to any and all other Treatments that may be deemed necessary by medical personnel. It is understood that this activity involves an element of risk and a danger of accidents and knowing those risks I hereby assume those risks. In addition, I understand that by signing this agreement, I hereby release and discharge Skyhawks and/or Fort Collins Parks and Recreation from any and all liability resulting in injury associated with participant's participation in this activity. I also acknowledge that I read and agree to the release and waiver provided by the hosting organization, which placed its release and waiver on the registration page listing and detailing the program(s) for which I am registering. In conjunction with Skyhawks, I also hereby release and discharge the hosting organization from any and all liability resulting in injury associated with participant's participation in this activity. Moreover, I agree that pictures taken during program hours may be used for future promotional purposes. In the absence of a parent/guardian's signature below, payment of fees and participation in the program shall constitute acceptance of the conditions set forth in the release. Skyhawks will not provide health and/or accident insurance for program participants. As the undersigned Parent/Guardian I understand that no confirmations will be mailed and no refunds will be given. Ft Collins Parks and Recreation's Liability (Name On Statement: Fort Collins Parks and Recreation) As parent or guardian of , a minor child(ren), I understand and am aware that my Name (please print) child(ren)'s participation in youth or teen sports and/or recreation activities involves inherent risks and hazards, including the risk of injury or death. Recognizing those risks and hazards, I hereby give my consent and approval to my child(ren)'s participation. On behalf of myself and my child(ren), I release the City of Fort Collins, its officers, agents, volunteers and employees and agree to hold them harmless from any liability for any claim arising out of any injuries and/or damage to me, my child(ren), my property, or loss of any other sort arising out of or related to participation in youth or teen sports and/or recreation activities, whether the result of the negligence of the City of Fort Collins or any other person. I agree to indemnify the City of Fort Collins, its officers, agents, volunteers and employees and to be responsible for all harm, injury or damage caused by my child(ren) to any persons, property or equipment in conjunction with youth or teen sports and/or recreation activities. I hereby give consent for emergency medical care prescribed by a medical professional. This care may be given under whatever conditions are necessary to preserve the life, limb or well-being of my child(ren). I have read this waiver carefully before signing. Skyhawks Helping Hand Fund Description Skyhawks offers a Helping Hand program for underprivileged children who would like to attend one of our summer programs, but because of financial circumstances are unable to participate. If people are seeking information regarding financial help, and your organization does not already have a scholarship program in place, they may call Skyhawks at 1-800-804-3509 to receive an application. If approved, Skyhawks will mail an 'award' that they must enclose with their registration. Scholarship participants will not be included as paid participants in your program totals. 100% of partial payments should be returned to Skyhawks. Our registration forms offer a space for people to donate to this fund. If monies are donated to this fund, please include this in your totals. If your organization offers financial help and you would like that information on promotional literature, please attach. The Skyhawks Helping Hand statement (in box below) will appear on all media publications unless this box is checked: ❑ Do not print the Helping Hand information on our media. Skyhawks Helping Hand Fund Statement Check here if you would like to make a Helping Hand Donation. This donation allows children to attend a Skyhawks program in your community who otherwise would not be able to participate. 0 Yes, I would like to donate to the Skyhawks Helping Hand Fund. Session information Activity 2005 Dates _.4VI AK£ LIW C-30 1y713c G°- Time Location Price Ages MinNaxCourse X Fee Breakdown {Comm) 9:OOA.ki- Clty �3rk FI?IO =b 5E9 5-' 1525 FA__3'_1 1 i 58 2 GapS?££lol Fe? OZDV City-�xk Fw,.26 519 5�ff2]0= tiOC�FI ,i1'l-a'�k£ 5'soS?tLiil 9•i3'i�0�- 9:Cd]A.�i- 40':a'IL! I70:+-E P3-k 5C:3 32c2]0° 3:ONM �i1•,l'c��%£ BcJI?IC�t o•'�]'2O=- ?:Cd]A41- R4 3'1tl fr'0'.•� P'a"K 5f'9 583 1,21 W} =££I, i Fe� 1 -':2 1 1'2E :71 i 591 FJI ::3y ; ?s51Cn F?E 9-tC 11<`. DOA^ 3'9 1 i 39_ Fil Day'zssrn F?E © Copyright 2004 Skyhawks Sports Academy, Inc. All Rights Reserved A C.4a�1d'nk£ Fay ='XO l n 2:G°- CIi} °ark FLIC =7 5S9 1' 1C!24 1SP'S3'_: 11 39.. FA Day Ceul.n FEE �.ti'lettkE Fag =,7.03.1 6,,2+ 2:0°• ?:G A31 IV Mark FIEIC =5 SO 50C 1M SONWAO 1':Q:3 3:GJFli L3tf.£eE '_3Gf.£EE 7.13,2:C-!- 3:Cp3�,Vl- II} ?ark F1ElC =1 5E'3 1 .'_ 16'24 1Sr 53?5 it 39? iu[ ray £ ssan FEE 1 i 50:. ' •2 03y--E££IOI Fe? F13 Z:GE• ?:G]�.�i- Zlhf Dark FIEIC nt 5E? 1'•';= 15124 :Dh 33- 1 i ie: 'i C3y CcE£IC� FE? .,tea:°_G' 1=OC�}J 'r0(:a4t39°4C'gi © Copyright 2004 Skyhawks Sports Academy, Inc. All Rights Reserved 0