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HomeMy WebLinkAboutLEWIS TENNIS - CONTRACT - RFP - P1136 TENNIS CONCESSIONTENNIS CONCESSION AGREEMENT This Concession Agreement hereinafter called the Agreement made and entered into as of the 5th day of September 2008 by and between The City of Fort Collins Colorado a municipal corporation hereinafter called "City and Lewis Tennis Inc 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 two (2) 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 Concessionaires Use of Concession Space 21 In General The City grants to Concessionaire the following rights and privileges 21 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 31 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 Concessionaires business under this Agreement Areas designated as restricted areas by the City shall be excluded 32 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 41 Pro Shop Services 41 1 Scope of Work (to be attached as Exhibit A) 41 2 Concessionaire acknowledges the desire and obligation of the City to provide the Agreement is being performed d If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Service Provider shall 1 Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien and 2 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 Service Provider 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 e Service Provider 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 f If Service Provider 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 Service Provider shall be liable for actual and consequential damages to the City arising out of Service Providers violation of Subsection 8-17 5-102 C R S g The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach ARTICLE 17 - Miscellaneous Provisions 171 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 indemnities shall not prevent the exercise of any other remedy 172 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 173 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 174 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 175 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 176 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 177 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 178 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 179 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 1710 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 1711 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 1712 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 1713 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 1714 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 1715 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 Lewis Tennis Inc City of Fort Collins Attn Larry Lewis Attn Purchasing Division 1205 W Elizabeth St #E PMB #111 P O Box 580 Fort Collins CO 80521 Fort Collins CO 80522 1716 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 1717 Force Mateure 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 1718 No Limitation on General Powers Nothing in this Agreement shall be construed as in any way limiting the general powers of the City to fully exercise their governmental functions or their obligations under any bond covenants or federal state or local laws rules or regulations 1719 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 1720 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 17 21 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 "E 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 K O Oeill II CPPO FNIGP Directo of urchasing 0 Risk Management DATE Lewis Tennis Inc By Title i� S/,0 CORPORATE PRESIDENT OR VICE PRESIDENT Date �A6 /O P ATTEST (Corporate Sea]) Corporate Secretary Exhibit "A" Scope of Services Section 10 Background The City of Fort Collins Recreation Division has operated the Rolland Moore Racquet Center since 1984 with an outside vendor running the operation since approximately 1998 The Concessionaire to provide a complete package of tennis services and merchandise to the citizens of Fort Collins Includes selling merchandise providing pro -shop services conducting lessons tournaments and other tennis programs and renting equipment from the Rolland Moore Park Tennis Pro Shop building • The Racquet Center has eight (8) hard surface tennis courts one (1) platform tennis court and three (3) 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 Section 2 0 Expectations 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 • A schedule of courts for the public to access both at the courts and online Section 3 0 Concessionaire Responsibdites 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 a 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 • Providing the public a schedule of court usage • Providing customer service to the tennis community Section 3 0 City Responsibilities 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 • 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 Section 3 0 City -Owned Equipment The Concessionaire shall have the use of the following City -owned equipment Maintenance of such equipment shall be the responsibility of the Concessionaire • Four (4) interior steel company lockers • Playmate ACE BP ball machine with remote control • Misc Office furniture Desk and table • Merchandise displays including one (1) clothes rack and wall mounts 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 EMPLOYEE / VOLUNTEER REGARDING PROCUREMENT OF A CONSUMER REPORT (INCLUDING CRIMINAL HISTORY REPORT AND EMPLOYMENT HISTORY REVIEM In connection with your employment/volunteer status in connection with sensitive contractual services being provided by your employer Lewis Tennis 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 Lewis Tennis 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 Applicants Name (Please Print) Date of Birth Social Security # Applicants 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 2 City County State Zip Address City County State 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 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 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 CPA 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 CRAB creditors and others not listed below Federal Trade Commission Consumer Response Center FCRA Washington DC 20580 (202) 326-3761 National banks federal branches/agencies of foreign 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 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 42 Hours of Operation To be determined by Concessionaire with approval of the City Representative 43 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 there from 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 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 Lewis Tennis 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 RN My commission expires .20 SEAL Notary Public Date Exhibit "E" City of Fort Collins-CPRE 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 10 Questions or more information? Call Renee lee CTRS at 224-6027 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 44 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 45 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 Concessionaires occupancy thereof or otherwise as well as all taxes on taxable property real or personal owned by Concessionaire or taxes on Concessionaires 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 51 Period The term of this agreement shall commence on September 5 2008 and unless terminated sooner expire on September 5 2009 In addition at the option of the City the Agreement may be 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 52 Holding Over In the event that the Concessionaire or its successor in interest if any shall remain beyond the term set forth herein although no right to remain is given by this Article it is the intention of the parties and it is hereby agreed that a right of use from month -to -month shall then arise subject to all provisions and conditions of this Agreement in connection with such right except that the City shall have the sole right to determine reasonable fees for any holdover period ARTICLE 6 - Fee for Conducting Business 61 Concession Fee For the privilege of conducting the concession operations hereunder payment amounts to the City of Fort Collins by the Concessionaire and service costs to the public are as follows Payment amounts to City for the following a Pro Shop Concession Sales and Service proceeds 5 % b Lessons (private semi -private and group) Clinics and Tournaments 5 % c courts Any other Concessionaire organized events and programs held on City tennis or at other City facilities 5 % d Racquet Stringing Services 5 % e Ball Machine Rentals 5 f Court Scheduling/Rental 5 g Clinics 5 % h Tournaments 5 Cost to the Public for the following services a Ball Machine Rental $ 1500 qer hour b Private Lessons USPTA Professional $ 60 00 per hour Non -certified instructor $ 40 00 per hour c Semi -Private Lessons USPTA Professional $ 70 00 per hour Non -certified instructor $ 5000 oer hour d Group Lesson Children depending on the group & pro to student ratio $ 8 00 to $11 00 per hour Adults depending on the group & pro to student ratio $10 00 to $12 00 per hour e Racquet Stringing $24 00 - $40 00 per racquet 62 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 63 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 64 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 71 See Exhibit A Scope of Work ARTICLE 8 - Acceptance and Trade Fixtures 81 Acceptance Concessionaire accepts the Concession Space as is " 82 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 83 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 84 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 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 101 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 102 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 103 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 10 104 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 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 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 114 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 116 Failure to Insure Failure of Concessionaire to take out and/or maintain or the taking out and/or maintenance of any required insurance shall not relieve Concessionaire from any liability under this Agreement nor shall the insurance requirements be construed to conflict with the obligations 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 Concessionaires interest created hereby other than by merger or consolidation ARTICLE 14 - Right of City to Enter Inspect and Make Repairs 141 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 to Concessionaires operation as is reasonably practicable) to enter upon the part of the Concession Space for the following purposes 141 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 1412 To perform or cause to be performed maintenance and make repairs and replacements 141 3 To make structural additions and alterations 1414 For any other lawful purpose 142 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 Concessionaires 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 143 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 144 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 151 1 Concessionaires failure to pay any fee or other charge when due and within ten (10) working days after notice from City of such nonpayment 151 2 Concessionaire s failure to maintain the insurance required above 151 3 Concessionaires assignment of any right hereunder in violation of Article 13 1514 Concessionaires 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 [71 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 151 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 Concessionaires 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 151 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 151 7 The assignment by Concessionaire of its assets for the benefit of creditors 152 City s Remedies on Default 1521 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 Concessionaires 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 1522 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 153 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 - Prohibition Against Employing Illegal Aliens Pursuant to Section 8-17 5-101 C R S et seq Service Provider represents and agrees that a As of the date of this Agreement 1 Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and 2 Service Provider will participate in either the a -Verify 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 e-Verify Program ) or the Department Program (the Department Program ) an employment verification program established pursuant to Section 8-17 5-102(5)(c) C R S in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement b Service Provider 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 Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this