HomeMy WebLinkAboutDAVE MCCLEAVE - CONTRACT - RFP - P1150 GOLF PROFESSIONAL SOUTHRIDGESOUTHRIDGE GOLF COURSE
GOLF SERVICES AGREEMENT
This Golf Services Agreement, hereinafter called the "Agreement," is made and entered
into as of the 29th day of December, 2008, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, whose principal officers are at 300 LaPorte Avenue, Fort
Collins, Colorado 80521, hereinafter called "City," and . DMAC Golf, LLC, a Colorado Limited
Liability Company, 3303 Wh Avenue Court, Greeley, CO 80634, hereinafter called
"Contractor", regarding certain services to be provided at the SouthRidge Golf Course, 5750
South Lemay Avenue, Fort Collins, Colorado, 80525 (the "Golf Course").
WITNESSETH:
ARTICLE 1
Golf Services
Contractor agrees to provide golf services in accordance with the Scope of Golf Services
description, consisting of 1 page, attached hereto as Exhibit "A" and incorporated herein by this
reference ("Golf Services"), such services to be provided primarily by the Contractor.
ARTICLE 2
Grants of Concessions
The City grants and Contractor accepts the responsibility of operating a Golf Pro Shop.
and Driving Range Concession in accordance with the Scope of Pro Shop and Driving Range
Services description, consisting of 3 pages, attached hereto as Exhibit "B" and incorporated
herein by this reference ("Scope of Pro Shop and Driving Range Services"),
ARTICLE 3
Concession Space
For the purposes of this Agreement, the "Concession Space" shall mean any and all
parts of the pro shop and clubhouse building (except the restaurant/snack bar concession area)
at the Golf Course.
ARTICLE 4
Contractor's Useof the Concession Space
4.1 In General. Subject to other limitations. expressed in this Agreement, the City
grants to Contractor the right to exclusive use of the Concession Space and the right to use in
common with others the public areas of the Golf Course, in conjunction with its operations under
this Agreement, in such spaces and manner as may be prescribed by the City.
and State of Colorado. The Contractor shall also be responsible for the daily cleaning and
janitorial services for the following: all outside entrances to the Concession Space; the golf cart
staging areas; the common stairwells; the lower level storage and club repair room; floor areas
and common areas/hallways; and the lower level restroom. The Contractor, shall provide, and
retain ownership of, all janitorial supplies and equipment needed by the Contractor to perform
the services required by this Section.
ARTICLE 10
Acceptance and Trade Fixtures
10.1 Concession Space, City Equipment and Fixtures. In addition to the Concession
Space, the City shall provide the following:
10.1.1 Existing equipment as listed on Exhibit "F", attached hereto and made a
part hereof;
10.1.2 Lighting fixtures for general area illumination;
10.1.3 Heat and air conditioning;
10.1.4 Pro Shop Carpeting;
10.1.5 Pro shop counters, storage units and safe; and
10.1.6 One cash register or drawer, computerized system, and credit card machine for
use by Contractor in connection with performance of services and sales under this
Agreement.
10.2 Acceptance. On the date of commencement of this Agreement, Contractor shall
acknowledge that it accepts the Concession Space as well as any City equipment and fixtures
"as is."
10.3 Installation of Equipment and Trade Fixtures. Except for the items listed on
Exhibit "G", attached hereto and made a part hereof, no equipment, trade fixtures, signs or other
personal property used by Contractor in its business, whether or not attached to the Concession
Space or any Improvements thereon, may be installed without the prior written approval of the
City.
10.4 Removal of Equipment, Trade Fixtures. Contractor shall have the right at any
time during the term of this Agreement, with the City's approval, or upon termination and within
ten (10) days thereafter, to remove all trade fixtures, equipment and other personal property
subject to any valid lien the City may have thereon for unpaid rents on installation of equipment
in lieu of Golf Services Concession Fee pursuant to Section 8.3. Any property not so removed
by Contractor upon termination shall become a part of the realty on which it is located and title
thereto shall vest in the City. The City shall have the right to file any liens necessary to secure.
its interest in the merchandise and equipment present in the Concession Space during the term
of the Agreement.
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10.5. Title to Improvements. Upon installation or erection of improvements by
Contractor such improvements (but excluding any of Contractor's personal property and trade
fixtures which are attached or affixed thereto) shall become a part of the realty upon which they
are erected and title thereto shall vest in the City. Upon vesting, the Improvements become part
of the Concession Space and are subject to the terms applicable to the Concession Space
within this Agreement.
10.6 Applicable Law. All Improvements and all trade fixtures, equipment or other
personal property installed by Contractor shall be subject to and conform in all respects to the
applicable statutes, ordinances, building codes, sign codes, rules and regulations of all
governmental agencies which have jurisdiction over such matters.
ARTICLE 11
Damage by Contractor
Contractor shall be liable for and shall repair, replace or cause to be repaired or replaced
within fifteen (15) days after occurrence, any damage to the Concession Space, or to City's
property, equipment and fixtures (defined in Article 10) caused by Contractor, its officers,
agents, employees or anyone acting under its direction and control, ordinary wear and .tear
excepted. All repairs or replacements shall be.made promptly and when necessary and shall be
in a quality and of a class at least equal to the original. If the damage for which Contractor is
liable is to the Concession Space, Contractor shall continue to be liable for all rent owed for the
Concession Space, even if it has been rendered untenantable.
ARTICLE 12
Total or Partial Destruction
12.1 Concession Space or Other Major Component Rendered Untenantable. In case,
during the term of this Agreement, the Concession Space, Golf Course or any principal part of
any one of them shall be destroyed or shall be so damaged by fire, flood, or other casualty so
as to be rendered untenantable or unusable as determined by the City:
12.1.1 Then, in such event, at the option of the City or Contractor, the term
hereby created shall cease; and this Agreement shall become null and void from
the date of such damage or destruction; and Contractor shall immediately
surrender the Concession Space and its interest therein to the City; provided,
however, that the City or Contractor shall exercise such option to so terminate
this Agreement by notice, in writing, delivered to the other party within thirty (30)
days after the City's determination of untenantability or unusability.
12.1.2 In the event neither the City nor Contractor shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the City
shall repair the Concession Space, Clubhouse, or Golf Course excluding
improvements or equipment, signs, trade fixtures or other personal property
installed by Contractor, with all reasonable speed, placing the same in as good a
condition as it was at the time of the damage or destruction.
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12.2 Concession Space Only Untenantable. In the event of destruction rendering only
the Concession Space untenantable, the City shall endeavor, but not be obligated, to make
substitute premises available for Contractor's use. During any period of use by Contractor of
such substitute Concession Space, the City may agree that the Contractor's Fee shall be
abated proportionately.
12.3 Components Tenantable. If the Concession Space or Golf Course shall be only
injured by fire or the elements to such extent so as not to render the same untenantable and
unfit for use and occupancy, the City shall repair the same with all reasonable speed.
12.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Contractor 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.
12.5 Exception for Damage Caused by Contractor. In the event of damage caused by
Contractor as more specifically addressed in Article 11 of this Agreement, the provisions of
Article 11 shall govern in any conflict between Article 11 and Article 12.
12.6 No Claim by Contractor. No compensation or claim shall be made by or allowed to
Contractor by reason of any inconvenience or annoyance arising from the necessity of repairing
any portion of the Concession Space or SouthRidge Golf Course, however the necessity may
occur.
ARTICLE 13
Indemnification and Insurance
13.1 City's Liability. The City shall not in any way be liable for any, cost, liability, damage
or injury, including cost of.suit and reasonable expenses of legal services, claimed or recovered
by any person whomsoever or whatsoever as a result of any operations, works, acts or
omissions performed within SouthRidge Golf Course and Concession Space by Contractor, its
agents, employees or contractors unless caused or contributed to by the negligence or willful
misconduct of the City, its employees, agents or contractors.
13.2 Indemnification. Contractor 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 Contractor. As used herein, the term "Contractor" and "City" includes the
respective directors, officers, agents, employees and contractors of Contractor and City.
13.3 Patent Representation. Contractor represents that it is the owner of or is fully
authorized to use any and all services, processes, machines, articles, makes, names or slogans
used by it in its operation or in any way connected with this Agreement.
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13.4 Contractor Insurance. Without limiting any of the Contractor's obligations
hereunder, the Contractor shall provide and maintain insurance coverage naming the City as an
additional. insured under this Agreement with limits specified in Exhibit "H", which is attached
hereto and incorporated herein by this reference.
13.5 Precautions Against Injury. The Contractor shall take all necessary precautions in
performing the operations hereunder to prevent injury to persons and property.
13.6 Failure to Insure. Failure of Contractor to take out and/or maintain, or the taking
out and/or maintenance of any required insurance shall not relieve Contractor from any liability
under this Agreement, nor shall the insurance requirements be construed to conflict with the
obligations on Contractor concerning indemnification.
ARTICLE 14
No Interest in Real Property
Contractor agrees that this Agreement constitutes merely a right to use and occupy the
Concession Space for a limited purpose and does not create or convey to Contractor any
.interest in real property.
ARTICLE 15
Assignment
The Contractor shall not assign this Agreement, sublet or otherwise allow any person to
take possession of all or any portion of the Concession Space without prior written consent of
the City nor, permit any transfer by operation of law of Contractor's interest created hereby, other
than by merger. or consolidation unless approved by City.
ARTICLE 16
Right of City to Enter, Inspect and Make Repairs
16.1 In General. City and its authorized employees; agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the
circumstances and with as little interruption to Contractor's operation as is reasonably
practicable) to enter upon any part of the Concession Space for the following purposes:
16.1.1 To inspect such premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether Contractor has
complied with and is complying with the terms and conditions of this Agreement
with respect to such premises;
16.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
16.1.3 To make structural additions and alterations.
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16.2 Obstruction by City. All entries made for the purposes enumerated above shall,
except as otherwise provided in Article 12, Total or Partial Destruction, be without abatement of
rent or damage for inconvenience. However, in the event any entry by City in the Concession
Space or the Golf Course for the purpose of making repairs or alterations as provided for in
Section 16.1.2 above (other than repairs necessitated as a result of damage by Contractor
under Article 11) constitutes a substantial obstruction to and impairment of Contractor's right of
use of such facilities, then Contractor 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.
16.3 Obstruction by Contractor. In the event that any personal property of Contractor
shall obstruct the access of the City, its officers, employees, agents or contractors, or a utility
company furnishing utility service to any of the existing utility, mechanical, electrical and other
systems, and thus shall interfere with the inspection, maintenance or repair of any such system,
Contractor 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
Contractor 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.
16.4 No Eviction or Abatement. - Exercise of any or all of the foregoing rights in this
Article, by the City, or others under right of the City, shall not be, nor be construed to be, an
eviction of Contractor, 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 17
Default, Rights of Termination
17.1 Default by Contractor. Time is of the essence in the performance of services and
payment of any amounts due under this Agreement. Contractor shall be in default under this
Agreement upon the occurrence of any one or more of the following events:
17.1.1 Contractor's failure to pay any fee or other charge when due, or provide
acceptable financial reports if requested by the City, within five (5) workings days
after notice from City of such nonpayment or request.
17.1.2 Contractor's failure to maintain the insurance required in Section 13.4.
17.1.3 Contractor's assignment of any right hereunder in violation of Article 15.
17.1.4 , Contractor's failure to perform, keep or observe any of the terms,
covenants or conditions of this Agreement within seven (7) days (or such longer
time as may be necessary to cure, provided that cure is commenced within the
initial seven [7) days) after notice from the City specifying the nature of the
deficiency with reasonable particularity and the corrective action that is to be
taken within such period to cure the deficiency.
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17.1.5 The filing by Contractor of a voluntary petition in bankruptcy, the filing of
an involuntary petition in bankruptcy against Contractor, the taking of possession
of all or substantially all of Contractor's assets pursuant to proceedings brought
under the provisions of any federal reorganization act or the appointment of a
receiver of all or substantially all of Contractor's assets and the failure of
Contractor to secure the return of such assets and/or the dismissal of such
proceeding within thirty (30) days after the filing.
17.1.6 The abandonment for a period of (7) days by Contractor of the conduct of
its services and operations.
17.1.7 The assignment by Contractor of its assets for the benefit of creditors.
17.1.8 The death of the Contractor or dissolving of the LLC, or the disability of the
primary employee of the Contractor for an aggregate period of two (2) months during
any term of this Agreement.
17.1.9 After written notice to the Contractor of any violation of the personal conduct
standards set forth in Section 6 above, and a hearing of the matter before the City's
Director of Purchasing and Risk Management, if such a hearing has been requested in
writing received by the Director of Purchasing and Risk Management within ten (10)
days after mailing of written notice of violation, a determination by the Director of
Purchasing and Risk Management that the alleged violation has, in fact, occurred, and
that such violation materially interferes with Contractor's ability to' perform its services
hereunder in a manner satisfactory to the City or otherwise impairs the benefits to be
derived from the City by this Agreement, including the good will, satisfaction, health and
safety of the general public.
17.2 City's Remedies on Default.
17.2.1 In the event of a default by Contractor, the City may terminate this Agreement
effective immediately upon provision of written notice of such termination to Contractor.
In the alternative, the. City may elect to keep the Agreement in force and work with
Contractor to cure the default. If this Agreement is terminated, Contractor shall refund to
the City that portion of the Golf Services Fee paid by the City pursuant to Section 8.2
proportional to the time remaining in the calendar year at the time of Contractor's default,
and the City shall have the right to take possession of any and all equipment located in
the Concession Space at the time of default. Contractor's liability to City for damages.
and rent shall survive the termination, and the City may re-enter, take possession of the
Concession Space and remove any persons or property by legal action or by self-help
with the use of reasonable force and without liability for damages.
17.2.2 Following re-entry or abandonment, City may make arrangements for use
of the Concession Space by others and in that connection may make any
suitable alterations or refurbish the Concession Space, but City shall not be
required to make such arrangement for any use or purpose.
17.3 Rights and Remedies Reserved. It is understood and agreed that any rights and
remedies reserved pursuant to this Article are in addition to any other rights or remedies the City
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may have pursuant to this Agreement or to applicable law to seek judicial enforcement,
damages or any other lawful remedy.
ARTICLE 18
Miscellaneous Provisions
18.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed
cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy
available -to the City, or Contractor, 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.
18.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to it
by virtue of the breach of any covenant, condition or agreement herein by the other party shall
not operate as a waiver of the exercise of such right or rights in the event of any subsequent
breach by such other party, nor shall -such other party be relieved thereby from its obligations
under the terms hereof.
18.3 Non -liability of Individuals Other than Contractor. With the exception of Contractor,
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.
18.4 Limitations on Use. Contractor shall not use, or permit the use of the Concession
Space, or any part thereof, for any purpose or use other than those authorized by this
Agreement.
Neither shall Contractor permit nor suffer any disorderly noise or nuisance whatsoever about the
Concession Space or SouthRidge Golf Course.
18.5 Governing Law. This Agreement shall be performable and enforceable in Larimer
County, Colorado, and shall be construed in accordance with the laws of the State of Colorado.
18.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City
and Contractor, their successors and assigns, and is not made for the benefit of any third party.
18.7 Construction. In the event of any ambiguity in any of the terms of this Agreement,
it shall not be construed for .or against any party hereto on the basis that such party did or did
not author the same.
18.8 Successors and Assigns. All covenants, stipulations and agreements in this
Agreement shall extend to and bind each party hereto, its legal representatives, successors and
assigns.
18.9 Headings. The titles of the several articles of this Agreement are inserted herein
for convenience only, and are not intended and shall not be construed to affect in any manner
the terms and provisions hereof, or the interpretation or construction thereof.
. 18.10 Attorney Fees. In the event any legal action or proceeding is brought to collect
sums due or to become due hereunder or any portion thereof or to enforce compliance with this
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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.
18.11 Contract Documents, Entire Agreement. This writing, together with the exhibits
hereto, the Request for Proposal (#P-1150)/Instructions/Specifications package, representations
by the Contractor during the Selection Interview and/or Extension Negotiation Process, and
Contractor's Proposals (including Annual Payment Schedule Statement) constitutes the entire
agreement between the parties, their officers, employees, agents and assigns and supersedes
all prior agreements; understandings, warranties or promises between the parties. hereto,
whether written, spoken or implied from the conduct of the parties hereto.
18.12 Severability. In the event any covenant, condition or provision of this Agreement
is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants,
conditions or provisions of this Agreement, provided that the invalidity of any such covenant,
condition or provision does not materially prejudice either City or Contractor in his or its
respective rights and obligations under the valid covenants, conditions or provisions of this
Agreement.
18.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier
termination as herein provided, Contractor shall remove all of its property from SouthRidge Golf
Course and surrender entire possession of its rights at SouthRidge Golf Course to City and its
improvements in accordance with Section 11 above, unless this Agreement is renewed or
replaced.
18.14 City Representative. The City designates the Director of Parks, of the Culture,
Parks, Recreation and Environment Service Unit, as its representative who shall make, within
the scope of his/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.
18.15 Notices. Notices permitted or required to be given under this Agreement
shall be in writing and shall be deemed given upon personal delivery or
upon deposit in the United States Mail, certified, 'return receipt requested,
postage fully prepaid, addressed as follows or to such other address as
the parties may designate from time to time by notice given in accordance
with this Section:
To Contractor: DMAC Golf, LLC
C/O David R. McCleave
3303 68th Avenue Court
Greeley, CO 80634
To the City: Director of Parks
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522-0580
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18.16 Schedules and Exhibits. Whenever reference is made in this Agreement to a
Schedule or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule
or Exhibit shall be deemed attached to and by this reference incorporated in this Agreement.
18.17 ' Force Maieure. However, neither the City nor the Contractor shall be deemed in
violation of this Agreement if prevented from performing any of its obligations hereunder by
reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of
God, act of public enemy, acts of superior governmental authority, weather conditions, rights,
rebellion, sabotage or any other circumstances that are not within its control.
18.18 No Limitation on General Powers. Nothing in this Agreement shall be construed
as in any way limiting the general powers of the City to fully exercise their governmental
functions or their obligations under any bond covenants or federal, state or local laws, rules or
regulations.
18.19 No Relationship. Nothing contained herein shall be deemed or construed by the
parties hereto nor by any third party as creating the relationship of employer and employee,
principal and agent or a partnership or a joint venture between the parties hereto. It is agreed
that in the performance of the golf services and concession operation hereunder, the Contractor
is an independent contractor responsible to the City only as to the results to be obtained and to
the extent that the services and operation shall be done in accordance with the terms of this
Agreement.
18.20 Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of David R. McCleave, PGA, and that this Agreement shall be
considered as an agreement for the personal services of David R. McCleave as the primary
employee of DMAC Golf, LLC, as the Golf Professional throughout the term of the Agreement
and any renewal terms unless otherwise agreed in writing by the City. Accordingly, the
Contractor shall neither assign any responsibilities nor delegate any duties under this
Agreement to any other person without the prior written consent of the City.
18.21 Survival. To.the extent necessary to carry out all of the terms and provisions
hereof, the said terms, obligations and rights set forth herein required shall survive and shall not
be affected by the expiration or termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year written above.
f
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: Q ( r
J me B. 5O'Ne II, CPPO, FNIGP
asing and
C$TIV �t
O.J.
0
OLO.
DMAC Golf, LLC
A Colorado Limited Liability Company
David R. McCleave, Owner
IL•:
4.2 Smoking Prohibited. Pursuant to the Fort Collins City Code, smoking is
prohibited in the Concession Space, and no person shall smoke outside within 20 feet from any
entrance, passageway, operable window or ventilation system of the Concession Space unless
such person is passing through the area, without stopping, en route to another destination. The
Contractor shall inform persons violating this provision of the applicable law and request their
compliance.
4.3 Restriction on Items Offered for Sale. In no event shall Contractor offer for sale
or otherwise supply smoking instruments or tobacco at the Golf Course.
4.4 Compliance with Applicable taw. The Contractor agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as all rules,
regulations, policies, and procedures adopted by the City or any of its Boards, Service Areas,
Service Units, Divisions or Departments having jurisdiction over the Golf Course.
ARTICLE 5
Rights of Ingress and Egress
5.1 In General. The Contractor shall have the right of ingress and egress to and
from the Concession Space for Contractor's employees, agents and invitees to the extent
reasonably necessary in connection with the conduct of Contractor's business under this
Agreement. Areas designated as restricted areas by the City shall be excluded.
5.2 Closures. * The City may, at any time, temporarily or permanently, close or
consent to or request the closing of any roadway or any other way at, in or near the Golf
Course, presently or hereafter used as such, so long as reasonable and safe means of ingress
and egress remains available to Contractor.
ARTICLE 6
Undertakings of Contractor
6.1 Service. Contractor agrees:
6.1.1 The Contractor shall furnish and pay for all equipment, except as otherwise
provided by the City pursuant to Article 10, all goods, labor, transportation,
supervision and services necessary to provide services in accordance with this
Agreement.
6.1.2. Contractor acknowledges the desire and obligation of the City to provide a
high level of service to the public. Therefore, Contractor agrees to offer for sale
from the Concession Space only high quality merchandise and products. If, in
the opinion of the City, the selection of items offered is inadequate or not of high
quality, or if any ofthe items are found to be objectionable for display and/or sale
in a public facility, the items shall be removed or replaced as required by the City.
The City Representative shall meet and confer with Contractor regarding such
matters. However, Contractor acknowledges that the City's determination as to
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EXHIBIT A
SCOPE OF GOLF SERVICES
A. Contractor In General
1: Management and scheduling of the golf course operations at the SouthRidge
Golf Course, including but not limited to, the general management of play on the course and
driving range, course monitoring (ranger/marshal functions), preparation, return inspection; and
rental of City -provided golf carts, golf lessons/instruction, golf club repair and rentals,
tournament and leagues coordination, and the overall use and management of the clubhouse
(excepting the Restaurant/Snack Bar Concession), including without limitation the daily cleaning
and janitorial services in the Pro Shop, the outside entrance areas, and the lower level
restroom; and all other golf related operations except for course -maintenance...
2. Timely collection of and accounting of City green fees, punch card fees, annual
pass fees, gift cards fees, tournament fees, golf cart rental or use fees, employee and volunteer
charge fees, surcharges, reservation fees, and other such fees in the amounts set by the City.
3.. Cleaning and daily preparation for use by customers of City -provided golf carts,
return inspection, and including without limitation the daily cleaning of the golf cart staging area.
4. Provision of starters, assistant- golf professionals, course monitors
(marshals/rangers), cashiers, janitors, and other personnel as necessary to facilitate full and
efficient use of the course and other activities at the SouthRidge Golf Course.
B. Golf Professional
1. The Contractor shall devote his/her full time and attention as the primary Golf
Professional for the SouthRidge Golf Course during the entire calendar year. Upon submitting a
request at least three (3) days in advance and receiving the City's consent, he/she may take up
to a total of fourteen (14) vacation days annually, and may be away from the golf course for the
purpose of participating in tournament play or other golf -related activities, i.e. schools, seminars
and demonstrations, to maintain and/or improve professional status for up to a total of sixteen
(16) additional days annually.
2. The Contractor shall serve as the primary monitor (marshal/ranger) at the
SouthRidge Golf Course.
EXHIBIT B
SCOPE OF PRO SHOP AND DRIVING RANGE SERVICES
Pro Shop and Driving Range.
A. The Contractor shall operate a golf pro shop in the clubhouse which shall stock a
variety of golfing equipment (for sale and rent), supplies and related merchandise in sufficient
quantity to meet the demands of customers of the golf course.
B. The Contractor shall provide all merchandise and display fixtures, stock, supplies
and inventory for the shop.
C. The Contractor shall operate the existing driving range, such operation to include
making equipment and range balls available for use.
D. The Contractor may retrieve and own any abandoned golf balls in the lakes or
ditches at SouthRidge Golf Course.
II. Merchandise Quality, Price Control. Contractor acknowledges the desire and obligation
of City to provide the public and the golfer high quality merchandise and a high level of public
service. Therefore, Contractor agrees to offer for sale from the clubhouse only high quality
merchandise at prices not to exceed the prices customarily charged for similar merchandise in
high quality Fort Collins area operations. If, in the opinion of the City, .the selection of items
offered is inadequate, if the merchandise is not of high quality, if any of the prices, charges'and
rates are excessive, or if any of the items are found to be objectionable for display and/or sale in
a public facility, a representative of the City shall meet and confer with Contractor regarding
such matters, but Contractor acknowledges that the City's determination as to same shall be
conclusive. Failure of Contractor to correct, rectify or modify its prices or quality within five (5)
days of being advised in writing to do so shall be cause for default. Contractor shall not offer for
sale gift certificates, vouchers, punch cards, or other similar services, except to the extent the
same are restricted and limited in duration to the term of the Agreement.
III. Fees. All fees and other income received through the operation of the pro shop, the
sale of merchandise, golf lessons/instructions, tournament service fees, golf club repair, and the
rental of equipment owned by the Contractor, shall be retained by Contractor. All fees and other
income received through use and operation of the driving range shall be shared between the
Contractor and City as noted in Section 8.3 of the Agreement. The collection, management and
accounting of revenue from the driving range shall be determined by the City.
IV. Use of the Clubhouse. The Contractor shall use any and all parts of the clubhouse
(except the restaurant/snack bar area) for the purpose of operating the concessions and for
other incidental purposes only. The clubhouse shall not be used for any other purpose without
the prior written consent of City.
V. Maintenance and Repairs.
A. The City shall be responsible to maintain and repair the interior and exterior of
the clubhouse. The City shall not in any way be liable to the Contractor for failure to make
repairs unless the Contractor has previously notified the City in writing of a need for such
repairs, and the City has failed to commence and complete said repairs within a reasonable
period of time following receipt of the notification.
B. The Contractor shall be liable for and shall reimburse the City for the cost of any
repairs or damage caused by any act or negligence of the Contractor or its agents or
employees.
C. The Contractor shall secure the retail pro shop area and shall provide janitorial
services to that area, as well as to the lower ,level restroom, common hallways and rooms,
keeping them clean and in good sanitary condition as required by the ordinances, regulations
and statutes of the City of Fort Collins, County of Larimer and State of Colorado. .
D. The Contractor shall neither hold nor attempt to hold the City liable for any injury
or damage, either proximate or remote, occasioned through or caused by defective electrical
wiring or the breaking or stoppage of plumbing or sewage in or upon the clubhouse, whether
said breakage or stoppage results from freezing or otherwise.
E. The Contractor shall not permit nor suffer the clubhouse or the walls thereof to be.
endangered. by over loadings nor permit it to. be used for any purpose which would render the
insurance thereon void or insurance risks more hazardous without prior written consent of the
City, which consent may be conditioned upon the Contractor obtaining additional specific
insurance coverage for such more hazardous risks.
VI. Alterations and Improvements.
A. All alterations, additions, improvements or changes to the clubhouse by the
Contractor subsequent to the commencement of the term shall be subject to the prior written
approval of the City.
B. The City reserves the right, from time to time (without invalidating or modifying
this Agreement), to make alterations, changes and additions to the land and improvements of
which the clubhouse forms a part.
C. The Contractor hereby indemnifies and agrees to hold the City harmless from all
liens, claims or charges on account of any alterations, additions, improvements or changes to
the clubhouse by Contractor.
D. ' At the end of the term of this Agreement, all fixtures, equipment, additions and
alterations, except trade fixtures installed by the Contractor, shall be and remain the property of
the City. Provided, however, the City shall have the option to require the Contractor to remove
any or all such fixtures, equipment, additions and alterations and restore the clubhouse to the
condition that existed immediately prior to such change and installation, normal wear and tear
excepted, all at the Contractor's cost and expense.* All such work shall be done in a good and
workmanlike manner and shall consist, of new materials unless otherwise agreed to by the City.
VII. Utilities. The City shall pay all charges for water, sewer, gas, trash collection,
recycling, basic security alarm system, telephone and electric services to the clubhouse; except,
however, that the Contractor shall reimburse the City on a monthly basis for all long distance
and two-thirds of local telephone charges accruing as a result of calls by Contractor, its agents
and employees. The Golf Professional shall pay for any customer televisions, cable or satellite
services, or expanded security services.
Vlll. Credit Card Billing System. The City and the bank handling the City's banking services
allows the Contractor to use the City's credit card billing system for the collection of all City fees
and charges, as well as for specified Golf Professional fees, with the Contractor paying for their
share of said service, and at the rate established by the City and/or the City's bank.
EXHIBIT C
City of Fort. Collins
Cultural, Parks, Recreation and.Environment
Golf Division
Policy: Contractor Personnel Conduct and Demeanor, and Background Screening for
Positions of Trust.
Under the terms and conditions of each respective Contractor's Agreement with the City, all Golf
Professionals and Restaurant/Snack Bar Concessionaires shall control the conduct and
demeanor of their employees, volunteers, and other representatives or agents of the Contractor
that will be working on behalf of the Contractor in providing services to the City. The Contractor
agrees to provide to the City at all times a current list of employees, volunteers, and other
representatives or agents of Contractor that will be working on behalf of the Contractor in
providing services to the City under their Agreement, and that all such employees; volunteers,
and other representatives or agents of Contractor agree to adhere to the "Behavior/Standards of
Personal Conduct and Performance."
Contractors and the City also hereby acknowledge and agree that certain services provided by
the Contractor will require that specified employees, volunteers, and other representatives or
agents of the Contractor act in "positions of trust" which can include the handling of and/or
accounting for funds of the City and/or of City property, or direct contact with youth and
members of the general public. Accordingly, each Contractor agrees that all specified
employees, volunteers, or other representatives or agents of Contractor in positions of trust
shall be screened/investigated at the expense of the Contractor using the City's contracted
background screening/investigation procedure as described in each respective contractor's
Agreement; and that the results of such background screening/investigation shall be provided to
the City prior to any such persons participation in the provision of services, as described in each
respective contractor's Agreement. Each Contractor shall require the completion and execution
of the Disclosure/Waiver form for all specified employees, volunteers, and other representatives
or agents of Contractor. The purpose of this form is to provide the necessary information about
an applicant and permission to review confidential information for a complete and thorough
background screening/investigation. The Contractor shall provide to all said employees,
volunteers, and other representatives or agents a Summary of Rights under the Fair Credit
Reporting Act..
The background screening/investigation shall include, but is not necessarily limited to, checking
arrests and/or conviction records, driving records, credit history, education, previous
employment and volunteer work and other records as may be appropriate, and references,
including review of any records of information available to the City as a result of past
employment or contractual relationships the employee, volunteer, or other representative or
agent has had with the Contractor or the City.
The City will provide assistance in completing the background screening/investigation, including
providing the completed disclosure form to an outside vendor for a confidential records check.
Contractor acknowledges that by providing such assistance the City assumes no responsibility
for the timeliness, accuracy or completeness of the background screening/investigation, or for
the direct or indirect consequences resulting from the same, and the Contractor shall hold the
City harmless for any injury or loss resulting therefrom.
The Contractor shall make job assignments and responsibility assignments based upon and in
consideration of the background screening/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 screening/investigation.
The City may, in its discretion, object to any assignments of Contractor Personnel to positions of
trust, as based upon the background screening/investigation. In the event that information from
the report is utilized in whole or in part in making an adverse. decision with regard to potential
employment/volunteer/representative/agent status, before making the adverse decision, the City
will attempt to provide Contractor with a copy of the consumer report/criminal history.
Specified employees, volunteers, and other representatives or agents of Contractors identified
at this time to be in positions of trust shall include, but are not necessarily limited to, all top
assistants, area or section managers, lesson providers, personnel that directly handle and/or
account for City funds; and those positions that can work individually with youth or members of
the general public.
Contractor Process for Obtaining Background Screening/Investigation Information
Once an employee, volunteer, other representative or agent 'has been selected by the
Contractor, the employee, volunteer, other representative or agent (applicant) shall
complete the background screening/investigation form, which is titled "Disclosure to
Prospective Employees, Volunteers, or Other Representatives or Agents of Contractors
Regarding Procurement of a Consumer Report (including a criminal history report)."
2. When the employee, volunteer, other representative or agent (applicant) has completed and
signed the form, the Contractor shall initial- and date the bottom of the form, giving the
bottom copy of the form to the applicant. The Contractor shall also give to the applicant at
this time a summary of his/her rights under the Federal Fair Credit Reporting Act. The Fair
Credit Reporting. Act also imposes requirements and procedures related to any adverse
decisions based upon credit information.
3. The Contractor keeps one copy of the form and forwards the original signed copy of the
form to the Golf Division Administrative office. In order to expedite the processing time, the
Contractor may also FAX a copy or bring the original copy of the form to the golf Division
Administrative Aide. Once the Administrative Aide enters the form information into the
computer, it takes three to four days ' for the City's contracted background
screening/investigation firm to perform their service.
4. Because of the large number of applicants being screened using this similar process, there
shall be no notification to the .Contractor unless .an applicant receives a negative .report
within four days of the time that the Administrative Aide enters the information into the
computer. Therefore, the applicant may begin assignment for the. Contractor after four days
unless the Contractor is notified otherwise. However, be aware that it is possible that we
could receive a negative report after four days, and we will have to address the situation at
that time.
EXHIBIT D
DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR OTHER
REPRESENTATIVES OR AGENTS OF CONTRACTORS REGARDING PROCUREMENT OF
A CONSUMER REPORT
(including a criminal history report)
In connection with your status as a prospective employee, volunteer, or other representative or
agent of the Contractor, Contractor and the City of Fort Collins may procure a consumer
report/criminal history on you as part of the process of considering your candidacy for said
status. 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 with regard to your potential employment/volunteer/representative/agent status, before
making the adverse decision, the City and the Contractor will attempt to provide you and the
Contractor 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 us to obtain a consumer report and/or an
investigative report about you in order to consider your status as a prospective employee,
volunteer, or other representative or agent for the Contractor.
Applicant's Name:
(Please Print) First Middle Last
Signature:
Applicant'.Address:
City/State/Zip:
Driver's License #:
Signature of Parent or Guardian:
(if Applicant is under the age of 18):
Other names used in the last seven (7) years:
Date of Birth:
Social Security #:
Previous out-of-state address(es) in the past seven (7) years.
1.
City County
2.
Address City County
Please list any additional addresses on the back of this
Page.
State
State
Contractor's Initials: Date: City Staff Initials: . Date:
Zip
EXHIBIT E
Para inn Orin ac'ion en c.�J)an ol, risirc o escrihe a la FTC Consiancr Response
Conner•. Room 130-:I 600 1'ennsrivaniti:1 ve. 1. W, 11"a sin olon, 1).00-580.
A 5umm orb• of Your Rights l nder the Mir Credit Reporting :act
T`hc. fcdcrrl Fair Credit Rcportn g Act (TCRA) promote; fl c accuracy. fairres-s. ar_3 privacy of
inforrrmation in the files of corsu.mc.r Tcl)orling ag nci cs. are many types of Len sum r rep oorting
agencies.. UlcIuding cre-rl bi fcaus arts' spocciJty agencIes (Such as aucri.Ies that Sell inform atior• about
Check I;Titirg l.ist0r1cs, MCCGiCal re:etrras, and rental ]..istory rccores,f. Ncrc is a s-urnmary of vole- maim
rights unlicrthe FCRsI. For more information. including infornititi►.►n about additional rig�his, go
it) li.e:;�a►�riroslitor'%vviteto: IC-bns;unierResponse Center, Room 1 0A, 3ederil'1'r:lde.
Commission. 60) Pennsylvanin Ave.. N.W.. W-ashin+_ton. D.C. ,f1.
'Vou must be told if info►rmatio►n in your file has been used against you. Anyor3c• "Ole uses a
crc4it report or another 1�ypc• ol-consumer report to d .•.ry your application for credit, insurw-1cc,
or cnlplowncni - or to tak another at verse action against you r, niu-st lei Vou.. ar-d mu5t give
you thc•.name, address, are phorc numberof-dic. agency that prosio Ed th,: information.
'You have theright it) knOlv), iviiat is. in )•our file, You may rcciucit and obtait: all thvc
information about you in the fi].^s ofa C.onsurnCr reporting agt rcy (your "file di cloSurc"). YOU
„ill be. rep uircd to provic prop:r id r tifi.atior•., • 3:ie1:3 mad{ inclu le. ).cur social S�.urits
number. In many cases, tLe cisckoiiirc will be frec. You arc entitled to a freee fillc disclosure. is
• a person has takcr at N- crc action against you bccausc orf information in your crc-dit
report
you aretl e Victim ofiner_tify• t]ictt and place a Baud alert in your file.;
your i ik Contains inn. curate information: as a result of fraud;
you an, on public a_ssstancc;
you arc urcrrlployck! but exp,,vt to apply tnr emplo-vnient w.itlain tiff days..
In alidillon. try September 20D-5 all consumers vvill be entiticd to one free disclosure cacry 12
months up-m re-oucst from each nationwide credit bureau ar from natirmv. rdC specialty .
c-{)USulrr.r rCporfinL1 ag,encIcs.. Scte iizvwStc..coy/credit for additional Information.
Vou havethe right ter► ask font credit score. Credit scores are rurnc:ric-al summands ofyour
cre,dlt-ssorthiress base3 on information from credit bureaus. You rnav mouc-sl a cretlit score
from consu na- reporting agcncicz ffiat create s orc-s or distribute scorers ustcr in resicieutial real
property to r?s but you will have to pay for it. In so11i ..lTiortgag transaction;, you will receive.
crcd.it :core irfor mat ;rn for frec from the mortgage: lcriacr.
You hove the right to dispute incomplete or inaccuraie information. If you. identify
information in yr►ur f k. that is irccompletc or inaccurate, ndmtr tlon-umwsr reporting
agCDCY, the agency must invc-stigatc unl_ss. your dispute is fm olous..
fr+r an u-xplata- tion of dispute procedures.
Consumer- re.poi-ting 2gencies must correct or delete inaccurate,, incomplete. oi-
u nver3fiahle information. Inaccurate., incomplete or unyen.fiabic 113forination must be
rcmovc,doreorre-,-teal. tr-sually yithin 3t) days-. Net'-VCVCL a consurncr rep. orting apricy may
continue to report information it has verific-e as accurate.
• Consumer reporting, ;ige.nries nu y .noi report outdated ne-lative in formation. In mo.q
cases; a consumcr reporting agency may not report negative infcarmat-On that is more than seven
years old, or bankruptc1c_s that are more than 10 Nycars old,
Access to your file is limited. A consum.r rc-porting aucrcy may pror-dc information about
you only to peoPIc. v itl, a valid naw6 — u uaIIt•' to corgi--3cr m application wiltb a creditor,
ili_SLTer, cniphnycr, ial,clorc:; or other husine.s s. Th-1 FC'RA spccifies.. those v6th4 a valid ncc for
access.
If on InuA,t -'1VV VOU1, COnsent for reports to be provided to vniployers.A cur#um r
rel)orting agency may not give out information abDLq you to vouff empirn'cr ora potential
employer, witl-out your ,r'rittcli corst.rt gi-verj to tl.c. r7np oy;_r. WTittcn. consent uenurail- is rot
rgliirei in'thc truckinar Industry. For morc. inn-Ornmation-, uo to
"ou may limit "Pre'u-'evned" offers of credit and insurance N-t)u get based (in information
in"t ur credit rear t. [ flmstllicit '`prey r rare; " oflrs for rrtdit and insurance must irclu >e
a loll-fre phonx.rumb r you car call if you cl?cot>c to r°m,-)v,-- yo>ir rams are aa res{; iiom tl c
's . tli;=sc, afters arc b'15-2 om,. ''ou may opt -out iitl-z thy. nationv6dc crc�dh hurt-aus -at 1 •.800-
1"ou may seek d nia-Ti .s fionl vitolators. If a consumer rcpDrting ageltcy; or, it some c-ascs. a
user of cor -Lrner r .po1 is or a iiirrs )3 r nfir f orrimattclr its : our zumcr rcportilzg a crlcy ', i�lat..�
the. FCRA, you may be able. to su., um :sate or ft-dcral court.
Identmt-v theft victini.±i:ind 4-taii-v duty milit.tr-y personnel Itris•c. additit►n.t! rights. For more
InfOmmatlein. visiT'.
States nui-enforcelliv FCRA. rind mangy st:iic,s hii`°r.theirown consumerreporting litivs. In
ttmv c-'ise+. }t►u nuts" hwv mare. H-13ts undv..r stittcIaiN% For nIfi1-e infk►rn�utitia coolant your st;tte
or local consumer prole ti►n .tend' oryour strttv Atitirnev GeneraL Fe-&r:t) c+nforcrs :ere:
YP E. O 3= BU St NE Sts:
O MTACT
�S n7KPtiE.'r_p.,-ate'_ng age- ies, Credi4 8 and c-*;hxs nC lia3wd
Trx- Gonvnia3 :al_ C:c jsurlr_, a:`s�!. )fle Fsl -a. {;:•'A
4'a•shi;ls33t`,.�1, ii,'.::.^ct�°j:; 7 77�?-�2-AL-=7
,la c>ls! can-2, gaad!e ! G arl� 7 'a e�ln ea ei kyei n t --rks� 0"ora
';63E �; `el CCnl�3fs� Y' d :r= t urrss3�i°
Na?ic-m'' c; ini ;ais N.A.`apear in a awe baaA.'s nanr;
o"V 21•1ce Mareaenlen% r!b=_[l f= 1r
ya! 3 3se".� 53r f1i mentf tan {axca; : rc=zt rya: to ri s. an
ed--zra! Per
ed�ra! C Esl• 1 £�L'�Ci:_3 et:er n t n�`33
i.f On O' COnsurrr-f S Cc1-irruM3y Atairs
'i aa2'lin�]iaYl, DL 2rjz;,=:-1 2 r2452-3693
. i,7gs as sc6aSiln'la sn"' r ocs fiai; Chrr Eu a5$rZ7s banks (word
ltke e' 'rMt, S�t;er.;sb xi
F 3a2" 3.n«ai-0 "i . ` ar�,:rar ro de -at inatiii eras n etle
i l�lYl}? Canr. aW2
' a3'l;nQlcn, Ll;: 2 t 2 Elf +7'L
-eder2! Crazi uni�xla (WYds -; ede'al Cred-, ulion, a;p 2l WIalana)
�.'ed* 9;!'uon Ad nimsision
n9S iu3a.;,1'8 n$rllei
775 bAe ',: e-
k1exrndsa, VA 22,414 703-51'--460-13
a,= Cla:;�r d3rl€t r1a* are ne: me-nite S c1 1ne 1 Arai keasfve
edere! D%mil. rrunanf-* GeWw n
Y3ie:31
4n3uin�+2itsn,6-",ai o
3a's C-0, Mis&Y-In 6410-- 2E--MH 1-477-27--K442
' �f, $ur:aCe, Cr reA �t oem-lon Ca?Ti3'8 rE�3:J"^z:ie J GY 111 .' 1, vil
epara'nen-', t',.'� 'tra.:133.,^1:23r_{l , UG£' C?i TinaPL a?
=`G"tauliss Board of Wers"Se Con- merce Urn'313S--JCn
kcavilwas su _s2C1 le rie Pa•-Ike's and 533C►:.'arda Af 1 221
Epar7men! e: Agrcuiure
1, Icce ei E)E Jii Adnwnisl-k-a-Glr SA
'i83''U»�:tx�, rJC 2Vtr.� 2�"i-i2!3-7t1'� i
EXHIBIT F
City -Owned Inventory
Public Address System
Safe (bolted)
Window Coverings
DELL Pos (2 Stations) W/GolfTrac System
Credit Card Machine & Printer
Pro Shop Counter (Front & Back)
Slat Wall Paneling
Hanging Fan
Track Lighting
Fixed/Attached, Shelving in Basement
Driving Range Distance Markers
Hanging Television and Rack in Golf Shop
All Phones
Power Washer for Carts
Price Board
Rolling Wooden Trash Bin, Green Trash Enclosures Outside
Procom Wireless P.A. System & Battery Charger & Case
the same shall be conclusive. Failure of Contractor to correct, rectify or modify
-its quality within five (5) days of being advised in writing to do so shall be cause
for default.
6.1.3 Contractor warrants that all Golf Services and related responsibilities performed
under this Agreement shall be performed with the highest. degree of competence and
care and in accordance with the highest modern professional golfing and management
standards in leading golf clubs and golf courses.
6.2 Hours of Operation. Subject to the exception for inclement weather expressed
below, the Contractor will be required to provide services under this Agreement as follows:
A. During the months of April, May, June, July, August and
September, from at least 6:30 A.M. through sundown (or later if golfers. remain on
the course);
B. During the months of October, November, December, January,
February and March, from at least 8:00 A.M. to sundown (or later if golfers
remain on the course);
C. Exceptions to the daily schedule may be made, subject to the
consent of the City, if closing is dictated by weather and/or course play.
6.3 Contractor Personnel. Contractor shall control the conduct and demeanor of its
agents and employees. If the City so requests, Contractor 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.
6.3.1 The contractor agrees to provide to the. City at all times a current list of
employees, volunteers, and other representatives or agents of Contractor that will be
working on behalf of the Contractor in providing services to the City under this
Agreement. The Contractor and the City acknowledge and 'agree that certain services
provided by Contractor will require. that employees, volunteers, and other
representatives or agents of Contractor act in positions of trust which will entail the
handling of and accounting for funds of the City and the City property, or direct contact
with youth and members of the general public. Accordingly, Contractor agrees that. all
employees, volunteers, and other representatives or agents of the Contractor in
positions of trust, as described in Exhibit "C", consisting of two (2) pages attached
hereto, and incorporated herein by this reference, shall be screened using the
background screening procedure described in Exhibit "C", at the Contractor's expense,
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 Contractor
shall require the completion and execution of the Disclosure/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 a Summary of
Rights under the Fair Credit Reporting Act included as part of Exhibit "E", as attached
hereto, which consists of two (2) pages and is incorporated herein by this reference.
3
EXHIBIT G
CONTRACTOR -PROVIDED PERSONAL PROPERTY
EXHIBIT H
INSURANCE LIMITS
$500,000 -- Combined Single Limit for Personal Injury and/or Property
Damage
2. Statutory - Workers' Compensation Coverage A
3. $100,000/$100,000/$500,000 -- Workers' Compensation Coverage B
EXHIBIT I
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
I. am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
Signature Date
INTERNAL USE ONLY Valid forms of identification
❑ ---current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
❑ ---current Colorado identification card
❑---U.S. military card or dependent identification card
Fj ---U.S. coast guard merchant mariner card
❑--- Native American tribal document
The following forms of identification may be accepted through February 28, 2007*
❑--- original birth certificate from any state of the United States
---certificate verifying naturalized status by U.S. with photo and raised seal
❑ ---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
❑ ---order of adoption by a U.S. court with seal of certification
❑ ---valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI,
IL, MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI
❑ ---valid immigration documents demonstrating lawful presence, e.g., current foreign passport
with current 1-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status,
unexpired Resident Alien card, Permanent Resident card or Employment Authorization card
*A waiver may be available where no identification exists or can be obtained due to a medical
condition; homelessness, or insufficient documentation to receive a Colorado I.D. or driver's
license. Contact your department director.
6.3.2 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. Contractor acknowledges that in such event, by
providing such assistance to Contractor, 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 Contractor shall hold the City
harmless for any injury or loss resulting therefrom.
6.3.3 In the event that a background check, or any other information available to the
Contractor or the City, raises questions about the trustworthiness, fitness for provision of
services under this Agreement, competency or suitability of any individual for a position
of trust of any kind, including handling of City 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.
6.3.4 Upon receipt of written notice from the City of any reasonable 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, volunteer, and other
representative or agent of Contractor, the Contractor shall immediately take all lawful
steps to remove or otherwise address to the City's reasonable satisfaction the cause of
the objection or to remove such individual from the performance of any services
provided hereunder.
6:3.5 The - following constitute unacceptable personal conduct that the parties
acknowledge and agree shall be subject to reasonable objection by the City. The parties
acknowledge that other conduct not listed in this Section may be determined by the City
to be reasonably expected to impair Contractor's ability to provide satisfactory services
under this Agreement, and may also give rise to a reasonable objection by the City to
which Contractor shall be expected to respond as set forth herein. In the event the
Contractor, or the individual Golf Professional, if different from Contractor, commits any
of the following examples of unacceptable conduct, or fails or refuses to take reasonable
action to correct such conduct by any person providing services for or on behalf of
Contractor hereunder, the City may give Contractor notice of violation and proceed in the
manner as set forth in Section 17.1.9.
A. Commission or conviction of a felony, or of any crime involving moral
turpitude;
B. Theft or misuse of City money or property;
C. Harassment of, or discrimination against, any individual based on race,
religion, national origin, age, sex, sexual orientation, or disability;
D. Falsification, unauthorized use or destruction of City records, reports or other
data or information belonging to the City;
E. Abusive or threatening treatment of any person, including, but not limited to
physical or verbal confrontation;
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F. Using, consuming, possessing, having in, the body, or distributing alcohol
(except in the normal performance of golf services) or controlled substances during
working time;
G..Destruction, loss or abuse of City property;
H. Unauthorized use of City equipment or property for personal use; or
I. Possessing or maintaining sexually explicit materials on City property.
6.4 Prohibition Aqainst Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Contractor represents and agrees that as of the date of this Agreement: ,
A. Contractor does not knowingly employ or contract with an illegal alien; and
B. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 verify that Contractor does not employ any illegal aliens.
6.4.1 Contractor shall not knowingly employ or contract with an illegal,alien to perform
works under this Agreement or enter into a contract with a subcontractor that fails to
certify to Contractor that the subcontractor shall not knowingly employ or contract with
an illegal alien to perform work under this Agreement.
6.4.2 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.
6.4.3 Contractor is prohibited from using Basic Pilot Program procedures to undertake
pre -employment screening of job applicants while this Agreement is being performed.
6.4.4 If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Contractor
shall:
A. . Notify such subcontractor and the City within three days that Contractor.
has actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
B. 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.
6.4.5 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.
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6.4.6 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 arising out of Contractor's violation of Subsection 8-17.5-102,
C.R.S.
6.4.7 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.
6.4.8 Compliance with C.R.S. § 24-76.5-103. Contractor acknowledges that the
Agreement is a "public benefit" within the meaning of C.R.S. § 24-76.5-103. As such, the
Contractor shall ensure compliance with C.R.S. § 24-76.5-103 by performing the
required verifications. Specifically, when required the Contractor shall ensure that:
6.4.9 If the public benefit provided by the funds flows directly to a natural person (i.e.,
not a corporation, limited liability company, or other legally -created entity) 18 years of
age or older, he/she must do the following:
A. Complete the affidavit attached to this Agreement as Exhibit "I"; and
B. Attach a photocopy of the front and back of one of the following forms of
identification: a valid Colorado driver's license or Colorado identification card; a
United States military card or military dependent's identification card; a United
States Coast Guard Merchant Mariner identification card; or a Native American
tribal document.
6.4.10 If an individual applying for the benefits identified herein executes the affidavit
stating that he/she is an alien lawfully present in the United States, Contractor shall
verify their lawful presence through the federal systematic alien verification or
entitlement program, known as the "SAVE Program," operated by the U.S. Department
of Homeland Security or a successor program designated by that department. In the
event Contractor determines through such verification process that the individual is not
an alien lawfully present in the United States, the Contractor shall not provide benefits to
such individual.
6.5 Statements, Recordkeeping and Audits. Contractor shall keep books and
records of the business, including an accounting of ALL revenue and expenses of the
concession operation, in accordance with good and acceptable accounting practice and in such
form as is satisfactory to the City. The Contractor hereby grants to the City the right to audit
Contractor's books and records for its operation at the Golf Course and agrees to make
available to the City, or its authorized representative, at any time, Monday through Friday
inclusive, between the hours of 9:00 a.m. and 5:00 p.m., at the offices of the City or the Golf
Course, at the City's election, all records, books and relevant related information as may be
required for audit purposes.
6.6 Physical Interference. Contractor shall not do, nor permit to be done, anything
which may interfere with the effectiveness or accessibility of the drainage system, sewerage
system, fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if
any, installed or located in the Concession Area or elsewhere at the Golf Course.
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6.7 Taxes. Contractor agrees to pay all local, state and federal social security,
unemployment insurance, sales, use, personal property, possessory interest, and other taxes,
assessments and payments -in -lieu which, during the term of this Agreement or any extension
hereof, may become a lien of which may be levied or charged by the State, County, City of Fort
Collins or other tax -levying body upon or with respect to the Concession Space or the Golf.
Course, upon any taxable interest acquired by the Contractor in this Agreement, or any taxable
possessory right which Contractor may have in or to the Concession Space or facilities or the
improvements thereon, by reason of Contractor's occupancy or use thereof, or otherwise, as,
well as all taxes on taxable .property, real or personal, owned by Contractor or taxes on
Contractor's operations or activities in or about the Concession Space or elsewhere at
SouthRidgee Golf Course. However, except as otherwise permitted by this Agreement, no
charges, fees or taxes of any nature shall be imposed by the City solely upon Contractor for
exercising any right or privilege granted by the City to Contractor in this Agreement with respect
to the use of the Concession Space. Nothing herein shall prevent Contractor from protesting,
through due process, any taxes levied.
6.8 Licenses. Contractor agrees to obtain and pay for all licenses necessary in
connection with its operation, including without limitation a City business license and/or
occupation license.
6.8.1 Any such licenses held by the Contractor in connection with this
Agreement shall be surrendered by the Contractor upon termination of this
Agreement.
6.8.2 Upon Contractor's surrender of all licenses and acquisition of new licenses
by such replacement Contractor as the City may select, the City shall reimburse
Contractor for such proportional amount of the cost of the license as may be
attributable to any remaining period which may exist from the date of Contractor's
surrender to license expiration.
ARTICLE 7
Term
7.1 Period. The term of this Agreement shall commence on January 1, 2009, and,
unless terminated sooner, shall expire on December 31, 2009.
7.2 Renewal -- 2010. This Agreement shall be automatically renewed for a period
from January 1, 2010, until December 31, 2010, unless the Contractor is in default or unless
one party serves written notice to the other party of its intention to terminate the Agreement,
provided such written noticemust be served at least ninety (90) days prior to December 31,
2009.
7.3 Renewal -- 2011. This Agreement shall be automatically renewed for a period
from January 1, 2011, until December 31, 2011, unless the Contractor is in default or unless
one party serves written notice to the other party of its intention to terminate the Agreement,
provided such written notice must be served at least ninety (90) days prior to December 31,
2010.
7.4 Renewal -- 2012. This Agreement shall be automatically renewed for a period
from January 1, 2012, until December 31, 2012, unless the Contractor is in default or unless
one party serves written notice to the other party of its intention to terminate the Agreement,
provided such written notice must be served at least ninety (90) days prior to December 31,
2011.
7.5 Renewal -- 2013. This Agreement shall be automatically renewed for a period
from January 1, 2013, until December 31, 2013, unless the Contractor is .in default or unless
one party serves written notice to the other party of its intention to terminate the Agreement,
provided such written notice must be served at least ninety (90) days prior to December 31,
2012.
7.6 Extension. This Agreement may be extended beyond the original five (5) year
term if performance is satisfactory and subject to City Council approval and negotiation of a
mutually acceptable extension agreement.
7.7 Holdinq Over. In the event that the Contractor, 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 8
Fee For Services/Fee For Conducting Business
8.1 Golf Services Receipts. Contractor shall retain all fees received from the
provision of golf lessons and instruction.
8.2 Golf Services Fee. As payment for performance of Golf Services, the City
shall pay to Contractor the sum of Sixty Thousand Dollars ($60,000.00) for 2009; Sixty Two
Thousand Four Hundred Dollars ($62,400.00) for 2010; Sixty Four Thousand Eight Hundred
Ninety Six Dollars ($64,896.00) for 2011; Sixty Seven Thousand Four Hundred Ninety One
Dollars ($67,491.00) for 2012; and Seventy Thousand One Hundred Ninety One Dollars
($70,191.00) for 2013.
8.3 Driving Range Revenue Sharing. For the privilege of conducting the concession
operations hereunder, and the exclusive use of the Driving Range, the Contractor shall pay to the
City the next Ten Thousand Dollars ($1.0,000.00) above Eighty Five Thousand Dollars
($85,000.00) gross of Driving Range Revenue; and anything over Ninety Five Thousand Dollars
($95,000.00).gross will be split Fifty Fifty (50/50) with the City annually in 2009, 2010, 2011, 2012
and 2013.
8.4 Concession Fee/In-Kind Contributions. For the privilege of conducting the
concession operations hereunder and the exclusive use of the Concession Space, the
Contractor shall pay to the City a Concession Fee in the amount of Five Hundred Dollars
($500.00) per month [Six Thousand Dollars ($6,000.00) per year] annually in 2009, 2010, 2011,
2012, and 2013. In addition, the Contractor has agreed as an In -Kind Contribution to purchase
at Contractor's sole cost and expense on behalf of the City,. two percent (2%) of the annual Golf
Services Fee for improvements to the golf course annually as determined by the Golf Course
Superintendent. All items purchased shall become property of the City.
. 8.5 Time of Payments. 'The City shall pay to Contractor the Golf Services Fee,
required under Section 8.2, in monthly amounts at the beginning of each month in advance;
provided, however, that the parties may agree to an alternate payment schedule. The
Contractor shall pay the Driving Range Revenue Share required under Section 8.3and the
Concession Fee/In--Kind Contributions noted in Section 8.4, on a payment schedule to be
negotiated.
8.6 Interest on Past Due Amounts. Contractor shall pay interest on all past due
amounts at the rate of eighteen percent (18%) per annum from the date, until paid.
8.7 Method of Payment. Payment for all fees under Article 8 shall be by check or
money order payable to the order of the "City of fort Collins - Golf' and shall be mailed or
personally delivered to the City Representative at 300 Laporte Avenue, P.O. Box 580, Fort
Collins, Colorado, 80522
ARTICLE 9
Utilities, Maintenance and Janitorial Duties
9.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash
collection, recycling, basic clubhouse security, telephone, and electric services to the
Concession Space; except, however, that the Contractor shall reimburse the City on a monthly
basis for all long distance and two-thirds (2/3) of all local telephone charges accruing as a result
of calls attributable to the telephone lines located in the Concession Space or otherwise made
by Contractor, its agents and employees. The Golf Professional shall pay for any customer
televisions, cable or satellite services, or expanded security services.
9.2 Maintenance and Repair. The City shall maintain and repair the Concession
Space and City equipment and fixtures (defined in Article 10). Contractor shall submit all
requests for repairs or maintenance to the City Representative. Notwithstanding anything to the
contrary contained herein, the City shall not in any way be liable to the Contractor for failure to
make repairs as herein specifically required of it unless the Contractor has previously notified
the City in writing of a need for such repairs, and the City has failed to commence and complete
said repairs within a reasonable period of time following receipt of the Contractor's written
notification.
9.2.1 The Contractor shall neither hold nor attempt to hold the City liable for any injury
or damage, either approximate or remote; occasioned through or caused by defective electrical
wiring or the breaking or stoppage of plumbing or sewage upon the Concession Space, whether
said breakage or stoppage results from freezing or otherwise.
9.3 Cleaning and Janitorial. The Contractorshall keep the Concession Space and.
its fixtures clean and in good sanitary condition as required by the ordinances, resolutions,
statutes and health, sanitary and police regulations,of the City of Fort Collins, County of Larimer,
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