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HomeMy WebLinkAbout375496 PAWNEE SPORTSMENS CENTER LLC - CONTRACT - AGREEMENT MISC - PAWNEE SPORTSMENS CENTER LLC SHOOTING RANGESERVICES 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 Pawnee Sportsmens Center LLC 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 Scooe of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A" consisting of one (1) page and incorporated herein by this reference 2 Contract Period This Agreement shall commence January 1 2008 and shall continue in full force and effect until December 31 2008 unless sooner terminated as herein provided In addition at the option of the City the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties The Denver -Boulder CPW as 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 rev 06/07 1 EXHIBIT C USAGE FEE City of Fort Collins Police Services and Pawnee Sportsmens Center LLC hereby agree to the following annual Usage Fee for use of Outdoor Shooting Ranges and Clubhouse space $4 000 00 per year for the calendar year subject to the stipulations as set forth in Exhibit A Scope of Work 10 rev 06/07 City Service Provider City of Fort Collins Police Services Attn Sgt David Haywood PO Box 580 Fort Collins CO 80522 Pawnee Sportsmens Center LLC 41132 Weld County Road #13 Fort Collins CO 80524 Attn Richard Beck 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 Providers obligations under this Agreement Such payment shall be the Service Providers 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 per Exhibit C consisting of one (1) page and incorporated herein by this reference 6 City Representative The City will designate prior tocommencement ofthe 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 Providers 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 rev 06/07 2 9 Acceptance Not Waiver The City's approval or acceptance of or payment foranyof 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 ansmg out of performance of this Agreement 10 Warren a Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature b All goods supplied to the City shall be of the grade and quality specified hereunder or if not specified of the most suitable grade and quality of their respective kinds for their intended use Service Provider warrants all goods provided under this Agreement except City - furnished goods against defects and nonconformances in grade for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of wntten notice from City of any such defector nonconformances the affected good shall be replaced by Service Provider in a manner and at a time acceptable to City 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 fad 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 often (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 (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 wntmg together with the exhibits hereto constitutes the entire agreement between the parties and shall be binding upon said parties their officers employees rev 06/07 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 Citys Director of Purchasing and Risk Management P O Box 580 Fort Collins Colorado 80522 one 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/Severabdity 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 Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said rev 06/07 4 work Pursuant to Section 8-17 5-101 C R S at seq Contractor represents and agrees that As of the date of this Agreement 1 Contractor does not knowingly employ or contract with an illegal alien and 2 Contractor has participated or attempted to participate in the basic pilot employment venfication program created in Public Law 208 104th Congress as amended and expanded in Public Law 156 108th Congress as amended administered by the United States Department of Homeland Security (the Basic Pilot Program ) in order to confirm the employment eligibility of all newly hired employees b Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement c Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter until Contractor is accepted or the public contract for services has been completed whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued d Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed e If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall 1 Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an rev 06/07 illegal alien and Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the Department ) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17 5-102 (5) C R S g If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17 5-102 C R S the City may terminate this Agreement If this Agreement is so terminated Contractor shall be liable for actual and consequential damages to the City ansing out of Contractor's violation of Subsection 8-17 5-102 C R S The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach rev osio7 s CITY OF FORT COLLINS COLORADO a municipal corporation By Ja O'Neill II CPPO FNIGP Dir4gbdr of Purchasing and Risk Management Date � �r) Pawnee S ens Center LLC By - JL PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date -21j01? 7 rev os/07 EXHIBIT A SCOPE OF WORK This is a Scope of Work for the Agreement between City of Fort Collins Police Services and Pawnee Sportsmens Center LLC for use of Outdoor Shooting Ranges and Clubhouse space 1) City of Fort Collins Police Services is to have first priority for use of one to two Outdoor Shooting Ranges on Mondays through Fridays City of Fort Collins Police Services recognizes that Pawnee Sportsmens Center's private -sector customers primarily use the ranges on Saturdays and Sundays therefore Police Services will generally avoid requests to schedule range time on those days City of Fort Collins Police Services will coordinate with other governmental users (such as Air Force National Guard Colorado State Patrol etc) and will work with Pawnee Sportsmens Center range personnel given reasonable notice to accommodate requests for scheduling range time on Mondays through Fridays 2) City of Fort Collins Police Services would like to request first call for use of the Clubhouse when FCPS has use of the Shooting Ranges It should be noted that FCPS need for Clubhouse space will be much less frequent than the need for Range space As above City of Fort Collins Police Services will coordinate with other governmental users (such as Air Force National Guard Colorado State Patrol etc) and will give Pawnee Sportsmens Center range personnel reasonable notice when scheduling clubhouse time on Mondays through Fridays And in return for Clubhouse use Police Services agrees to adhere to the following rules and stipulations a) Police Services agrees to clean the clubhouse after use including the replacement of soap paper towels and emptying of trash containers b) Police Services agrees to clean up brass (weather permitting) to the specifications of the Range Manager 3) City of Fort Collins Police Services also requests the following a) to be given unrestricted access to the front gate and to be given keys to the clubhouse b) To be given the right to store a CONEX on the range c) To be given the right to keep the current storage container on the range In the event that the Range Manager should need to request removal of the CONEX and/or the storage container Police Services requests to be given a minimum of ten (10) days notice in writing to comply with the request rev 06/07 EXHIBIT B INSURANCE REQUIREMENTS 1 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 Employers 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 anse 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 rev 06/07