HomeMy WebLinkAboutRFP - 7009 COLLINDALE GOLF COURSE RESTAURANT SNACK BAR CONCESSIONAIRE (3)City
O T r Financial Services
Purchasing Division
Fort Collins 215 N. Mason St. 2n° Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
Purchasing fcgov. com/purchasing
REQUEST FOR PROPOSAL
7009 COLLINDALE GOLF COURSE
RESTAURANT/SNACK BAR CONCESSIONAIRE
The City of Fort Collins is hereby requesting proposals for a contractual Food and Beverage
Concessionaire to manage and operate the Restaurant/Snack Bar Concession at Collindale
Golf Course, 1441 E. Horsetooth Road, Fort Collins, CO 80525 for the year 2009 with possible
annual renewal options for the years 2010 through 2013; with a possible extension of the
original five (5) year term for up to five (5) additional years if performance is satisfactory and
subject to City Council approval.
Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), February 10, 2009. Proposal No. 7009 Collindale Restaurant/Snack Bar
Concessionaire. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort
Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580.
Questions concerning the scope .of the project should be directed to Director of Parks, J.R.
Schnelzer (970) 221-6301.
Questions regarding proposals submittal or process should be directed to Director of
Purchasing & Risk Management James B. O'Neill, II, CPPO, FNIGP (970) 221-6775.
Completion of our written proposal questionnaire and annual payment schedule statement shall
accompany any proposal to be considered properly executed.
A Pre -Proposal Meeting will be held at the Collindale Golf Course Clubhouse, 1441 E.
Horsetooth Road, Fort Collins, CO 80525 on February 3, 2009 at 10:00 am. We will allow you
to examine the premises at that time and answer any questions pertaining to the proposal. The
meeting is not mandatory, but suggested.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal from the BuySpeed Webpage,
www.fcgov.com/er)rocurement
2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request
a copy of the RFP.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
person, the Concessionaire shall immediately take all lawful steps to address or
remove the cause of the objection. Also, if the City so requests, the 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.
7. The Concessionaire acknowledges and agrees that certain services provided by the
Concessionaire will require that employees, agents, and volunteers of the
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, the Concessionaire agrees that all employees,
volunteers, and other representatives or agents of the Concessionaire in positions of
trust, as defined, shall be screened using the City's contractual background screening
procedure, with such costs associated with said screenings to be fully paid by the
Concessionaire.
8. The personal conduct of the Concessionaire and its staff has a direct impact on the
quality of performance. Unacceptable personal conduct/behavior by the
Concessionaire, as defined, can result in immediate or early termination of the
Agreement, as also defined.
9. The Colorado Legislature passed legislation which as been signed into law by the
Governor requiring compliance regarding employment of undocumented aliens. The
Concessionaire acknowledges and agrees that those statutory provisions that apply
will be followed. If there are any questions about these legal requirements,
Concessionaire agrees to consult with legal counsel.
10. The Concessionaire must maintain an adequate stock of supplies on hand for all
occasions as needed to supply the golfers' needs. The primary purpose of the
concession area is to provide a service to the golfers. Creative thinking people who will
be there, be open, and be ready are important to the success of this operation. Also,
cooperation with the Golf Professional and Golf Course Superintendent is an essential
element of this operation.
11. The Concessionaire shall keep and maintain proper business records concerning every
aspect of the concession operation, and employee management, including expenses
and receipts. All records, including Income Tax Records are to be open for inspection
and audit by the City. Also, the concession operator must submit to the City monthly
complete operation records, as well as at the close of each operating season showing
all expenses and gross income.
12. "Gross Sales" includes all revenues received by the Concessionaire for performing the
concession service, except Sales Tax. Payments must be submitted monthly by the
151h of each month.
13. The City pays for all trash and recycling removal services, utilities, and the existing
Clubhouse security system at the Collindale Golf Course. The Concessionaire shall
pay for all telephones, cash registers, POS System, credit card machines, ATM's,
additional customer televisions, cable or satellite service, expanded security systems,
and for snow removal from the parking lot for Concessionaire functions when the Golf
Course is closed for play.
14. The Concessionaire shall submit to the
which are to be sold at the concession
increased periodically, but any and all
Director or Parks.
City for review a list of all prices and items
area. Prices and items may be changed or
changes/increases must be reviewed by the
15. Smoking instruments and tobacco products of any kind will not be sold at the
restaurant/snack bar, clubhouse, or on the grounds of the golf course. Smoking is not
permitted in any areas of the clubhouse, or on the adjacent patio nor within 20 feet of
entrances.
16. The operation of the concession granted under the agreement shall, at all times,
conform with all applicable State and Federal laws and regulations, and municipal
ordinances, as well as all rules, regulations, policies, and procedures as adopted by
the City of Fort Collins, or any of its Boards, Services Areas, Service Units,
Departments, or Divisions having jurisdiction over golf courses.
PROPOSAL
PROPOSAL NO: 7009 Collindale Golf Course Restaurant/Snack Bar Concessionaire
DATED THIS DAY OF , 2009
CONTRACT FOR SERVICES: Collindale Golf Course Restaurant/Snack Bar
1441 E. Horsetooth Road
Fort Collins CO 80525
TO: City of Fort Collins
Office of the Director of Purchasing and Risk Management
215 North Mason Street, 2nd floor (if delivered)
P.O. Box 580 (if mailed)
Fort Collins CO 80522
To Whom It May Concern:
The undersigned, pursuant to the Request for Proposals, which requested proposals for a
contractual Concessionaire to operate the restaurant/snack bar food and beverage concession at
Collindale Golf Course, having examined all documents, the concession site, and having become
familiar with all the conditions existing and relative to same, hereby proposes to operate same in
accordance with the proposal documents.
2. I/we acknowledge receipt of the following addenda and have included their provisions in the
proposal:
Addendum No.( ),Dated
Addendum No.( ),Dated
3. In submitting this proposal, the undersigned warrants that he/she has complied with all the
provisions of the "Request for Proposals, Instructions, and Specifications," and can furnish the
labor and materials and business acumen to carry out the concession operation in all respects, as
specified in the proposal documents.
4. The undersigned submits the following proposal, which includes all permits, licenses, insurance,
fees, and taxes, etc., included in the following documents, fully completed, as a condition of
submitting an acceptable proposal:
1. Proposal Questionnaire.
2. The Proposal Form/Addendum Acknowledgment Page.
3. An Annual Payment Schedule Statement to the City. Remittance will be made to the
City on a monthly basis by the 15 for sales from the previous month.
4. Proposed Menu.
5. List of vendors you will be conducting business with.
6. Contact person who will be in charge on site.
7. Business Plan for 2009.
8. How do you propose to finance the operation.
5. The undersigned also agrees that he/she will not withdraw his/her proposal for a period of sixty
(60) days from the closing date for receiving proposals.
6. What is your philosophy of the food and beverages to be provided, including what will be
your variety of menu items to be served, the need for healthier products, managing alcohol,
etc. (Please provide a sample of your proposed menu and beverage items and your
conceptual projected pricing structure which does not count against your page limitations.)
Weighting Factor of 3.0
Additionally: Annual Payment Schedule Statement to the City Weighting Factor of 5.0
ANNUAL PAYMENT SCHEDULE STATEMENT TO THE CITY
The previous Concessionaires at the Collindale Golf Course Restaurant/Snack Bar have paid to
the City annual cash and/or in -kind contributions, percentages, or a minimum guarantee
(whichever was greater), for the privilege of operating the food and beverage concession.
Therefore, in consideration of the aforementioned...
You may desire to pay to the City of Fort Collins an annual fee payment in either a flat -rate
amount, or on a percentage basis, and/or make an in -kind contribution of a specific dollar value.
If so, how much money/percentage/value will you (Concessionaire) pay in each year listed to
the City of Fort Collins to be the Concessionaire at Collindale Golf Course?
2009 --
$
or
% or
2010 --
$
or
% or
2011 --
$
or
% or
2012 --
$
or
% or
2013 --
$
or
% or
(If you need to explain any of the above, you may attach such a written explanation).
Weighting Value of 5.0
PROPOSAL QUESTIONNAIRE INFORMATION/RATING CRITERIA
Below you will find the "Proposal Questionnaire." You will need to answer all six questions on
one side of 8-1/2" x 11" paper only, per question. We have determined that you must answer
each question with no more than one page per answer per question. Please try to answer each
question in sufficient detail, noting that we are interested in the quality of your answers, not just
the quantity. In addition to the six pages, you may also provide one 81/2" x 11" supplemental
page (one side only) to complete additional information or to further answer any of the six
questions which you could not do within the one page limitation. You may also attach a copy of
your resume if you desire which does not count against your page limitations.
If you are selected for an oral interview, you will need to bring a copy of tangible proof of your
financial ability to perform as the Collindale Restaurant/Snack Bar Concessionaire, as well as
your ability to secure acceptable insurance coverage as noted in the specifications; and you will
need to provide the Director of Parks with at least three (3) written references prior to the
interview that we may contact regarding your qualifications. The City will also conduct a
background screening procedure and you will need to provide a signed authorization form to
allow the screening to proceed.
Review and Assessment
Respondents will be evaluated on their written answers to the following six questions. A rating
scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an
outstanding rating. Each of the six questions shall have a "weighting factor" of either 1.0, 2.0 or
3.0 as we have determined, meaning that the maximum total of points to be achieved from the
six questions is 75 points. In addition, we have assigned a 5.0 "weighting factor" to the Annual
Payment Schedule Statement to the City, meaning it has a maximum total of 25 points (also on
a 1 to 5 scale) by itself. Therefore, the maximum grand total of points to be achieved is 100 per
rater.
Proposal Questionnaire
1. What are your qualifications to perform the service, and what qualifications will you require
of the staff on site? (You may attach a copy of your resume if you desire, which does not
count against your page limitations). Weighting Value of 3.0
2. Outline your plans to operate the concession with regards to your personal involvement, or
the use of a manager on site. Weighting Value of 2.0
3. What is your business/staff plan in order to accomplish the services as per the
specifications? Weighting Value of 3.0
4. What is your financial ability for providing services and products at the concession site as
per the specifications? Weighting Value of 1.0
5. What is your assessment of the needs at Collindale Golf Course with respect to food and
beverage services, both inside the clubhouse as well as outside on the golf course, and how
will you meet these needs? Weighting Factor of 3.0
Respectfully submitted:
By:
Signature
Print Name
Title
Address:
Phone:
COLLINDALE GOLF COURSE
RESTAURANT/SNACK BAR CONCESSION AGREEMENT
This Concession Agreement, hereinafter called the "Agreement," is made and entered into as of
the _ day of _, 2009, by and between THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation, whose principal offices are at 300 LaPorte Avenue, Fort Collins,
Colorado 80521, hereinafter called "City," and, whose principal offices are at ,
hereinafter called "Concessionaire."
ARTICLE 1
Concession Space
1.1 Definition of Concession Space. For the purposes of this Agreement, the
"Concession Space" shall mean the following areas at the Collindale Golf Course, 1441 East
Horsetooth Road.
1.1.1 The kitchen, bar, and wait area on the main floor of the Collindale Clubhouse building.
1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession
Space for the purpose of offering food, non-alcoholic beverages, licensed alcoholic beverages,
and related services primarily to golfers using the Collindale Golf Course and, incidentally, to the
public.
ARTICLE 2
Concessionaire's Use of•the Clubhouse and the Concession Space
2.1 In General. Subject to other limitations expressed in this Agreement, the City grants
to Concessionaire the right to exclusive use of the Concession Space and the right to use in
common with others the public areas of the Clubhouse building and the grounds of the
Collindale Golf Course in conjunction with its food and beverage operations (and for no other
purpose) in such spaces and manner as may be prescribed by the City.
2.2 Smoking. Smoking instruments and tobacco products of any kind will not be sold or
otherwise supplied by Concessionaire at Collindale golf course. Smoking is not permitted in any
areas of the clubhouse or on the adjacent patio within 20 feet of entrances. Concessionaire
shall comply with any other requirements of applicable Fort Collins City ordinances and
Colorado state law regarding smoking and tobacco products.
2.3 Restriction on Items Offered for Sale. Concessionaire may offer such non-food or
non -beverage items as are incidental to its food and beverage service, except for smoking
instruments and tobacco products, pursuant to section 2.2.
2.4 Compliance with Applicable Law. The Concessionaire agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as all rules
and regulations, policies, and procedures adopted by the City or any of its Boards, Service
Areas, Service Units, Divisions or Departments having jurisdiction over Collindale Golf Course.
ARTICLE 3
Rights of Ingress and Egress
3.1 In General. The Concessionaire shall have the right of ingress and egress to and
from the Clubhouse and Concession Space for Concessionaire's employees, agents and
invitees to the extent reasonably necessary in connection with the conduct of Concessionaire's
business under this Agreement. Areas designated as restricted areas by the City shall be
excluded.
3.2 Closures. The City may, at any time, temporarily or permanently, close or consent to
or request the closing of any roadway or any other way at, in, or near the Clubhouse or
Collindale Golf Course, presently or hereafter used as such, so long as a reasonable and safe
means of ingress and egress remains available to Concessionaire.
ARTICLE 4
Undertakings of Concessionaire
4.1 Service. Concessionaire agrees as follows:
4.1.1 The Concessionaire shall furnish and pay for all equipment, except as otherwise
provided by the City pursuant to Article 9, all goods, labor, transportation, supervision and
services necessary to provide food and beverage services in accordance with this Agreement.
4.1.2 Services provided by the Concessionaire shall include the maintenance of an
adequate stock of food and beverage supplies, condiments, dishes, silverware, napkin
dispensers, salt and pepper shakers, cups and glassware, and any kitchen utensils or bar
equipment if necessary to serve the demand for such items at the Collindale Golf Course, as
well as paying for all cable and/or satellite television services in the Clubhouse except for the
Pro Shop.
4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide the
public high quality food and beverages and a high level of public service. Therefore,
Concessionaire agrees to offer for sale from the Concession Space only good quality food and
beverages at fair and competitive pricing, relative to comparable restaurant facilities in Fort
Collins. If, in the opinion of the City, the pricing is not comparable, or the selection of items
offered is inadequate or not of good quality, or if any of the items are found to be objectionable
for display and/or sale in a public facility, then the pricing shall change or the items shall be
removed or replaced as required by the City. The City Representative 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 five (5) days of being advised in writing to do so shall
be cause for default.
4.1.4 Concessionaire shall submit to the City for review a list of all items to be sold in the
concession area, and proposed prices for all such items. The Concessionaire shall submit to
the City in writing all subsequent item and price changes.
4.2 Hours of Operation. Subject to the exception for inclement weather expressed in
4.2.2 below, the Concessionaire will be required to provide daily food and beverage services in
the Concession Space during the months of April, May, June, July, August and September; at a
minimum, the services shall be available from no later than 6:30 a.m. to no earlier than beyond
sundown during these months. '
4.2.1 The parties agree that the hours of operation during the months of October,
November, December, January, February, and March shall be from no later than 10:00 a.m. to
no earlier than 5:00 p.m. daily, at a minimum. However, the Concessionaire shall not be
required to operate the concession when the Golf Course is closed due to bad weather or other
reason as approved by the City.
4.2.2 Throughout the year, Concessionaire may, in its own discretion, close the concession
during inclement weather, or provide less than a full -service operation pending customer
demand during specified times, unless the closure or service level is objected to by the City.
4.3 Special Events Option. Concessionaire shall have the first option, upon request by
the City or the Collindale Golf Professional, but shall not be obligated, to provide luncheons or
other meals for special occasions, including but not limited to association meetings and
tournaments. In the event such a request is made and Concessionaire elects not to provide
such services, the City or the Collindale Golf Professional may provide food and non-alcoholic
beverage services through other means. Such services shall not make use of the Concession
Space, unless approved by Concessionaire.
4.4 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor
of its agents and employees. 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 of which shall be subject to prior and continuing approval of the
City.
4.4.1 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, volunteers, and other representatives or agents 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 A,
consisting of two (2) pages and incorporated herein by this reference, shall be screened using
the background screening procedure described on Exhibit A, at Concessionaires 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 Concessionaire shall require
the completion and execution of the Disclosure/Request, Authorization, and Waiver form
attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this
reference. Concessionaire shall also provide to their employees/volunteers a copy of the
Summary of Rights under the Fair Credit Reporting Act attached hereto as Exhibit C, consisting
of two (2) pages and incorporated herein by this reference.
4.4.2 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. 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
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
resulting from the same, and Concessionaire shall hold the City harmless for any injury or loss
• resulting therefrom.
4.4.3 In the event that a background check, or any other information available to the
Concessionaire or the City, raises questions about the trustworthiness, fitness for provision of
services under this Agreement, competence or suitability of any individual for a position of trust
of any kind, including handling of funds, City equipment or property, or working with youths or
other members of the general public, such individual shall not be employed or allowed to
volunteer in connection with the services or activities required or permitted under this
Agreement, or in a manner that would permit contact by that person with the funds, equipment,
property associated with the provision of services hereunder, or persons participating in
programs or services provided under this Agreement.
4.4.4 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 or volunteer of Concessionaire, the Concessionaire
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.
4.4.5 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 Concessionaire's ability to provide satisfactory services under this
Agreement, and may also give rise to a reasonable objection by the City to which
Concessionaire shall be expected to respond as set forth herein. In the event that
Concessionaire, or the individual site manager, if different from Concessionaire, 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 Concessionaire
hereunder, the City may give Concessionaire notice of violation and proceed in the manner as
set forth in Section 16.1.9.
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;
F. Using, consuming, possessing, having in the body or distributing alcohol
(except in the normal performance of concession 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.
4.5 Statements, Recordkeeping and Audits. Concessionaire shall keep books and
records of the business, including an accounting of all revenue and expenses of the concession
operation, in accordance with good accounting practice and in such form as is satisfactory to the
City. The Concessionaire hereby grants to the City the right to audit Concessionaire's books
and records for its operation at Collindale 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 Collindale Golf Course, at the
City's election, all records, books and relevant related information as may be required for audit
purposes.
4.6 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 the Clubhouse or elsewhere at Collindale Golf Course.
4.7 Taxes. Concessionaire 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 Collindale
Golf Course, upon any taxable interest acquired by the Concessionaire in this Agreement, or
any taxable possessory right which Concessionaire may have in or to the Concession Space or
facilities or the improvements thereon, by reason of Concessionaire's occupancy or use thereof,
or otherwise, as well as all taxes on taxable property, real or personal, owned by
Concessionaire or taxes on Concessionaire's operations or activities in or about the Concession
Space, clubhouse, or elsewhere at Collindale 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 Concessionaire for exercising any right or privilege granted by the City to
Concessionaire in this Agreement with respect to the use of the Concession Space and
Clubhouse. Nothing herein shall prevent Concessionaire from protesting, through due process,
any taxes levied.
4.8 Licenses. Concessionaire agrees to obtain and pay for all licenses necessary in
connection with its operation, including but not limited to, a County Health Department Food
Services Establishment inspection, a Hotel -Restaurant with Optional Premises Liquor License,
and a City business license and/or occupation license. Failure to qualify for a liquor license or
other required license, or failure to obtain any such license within ninety (90) days of execution
of this Agreement shall constitute a default hereunder.
4.8.1 Any such licenses held by the Concessionaire in connection with this Agreement shall
be surrendered by the Concessionaire upon termination of this Agreement.
4.8.2 Upon Concessionaire's surrender of all licenses and acquisition of new licenses by
such replacement concessionaire as the City may select, the City shall reimburse
Concessionaire 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 Concessionaire's surrender to license
expiration. r
4.8.3 For the purpose of the Hotel -Restaurant with Optional Premises Liquor License,
the "premises" shall be defined to include the Collindale Clubhouse building and adjacent
outdoor Patio, and the entire grounds of Collindale Golf Course.
4.9 Vending Machines/Beverage Carts. This Agreement does not contemplate
Concessionaire's use of vending machines in the supplying of food, beverages or incidental
items during the April through September golf season. Any installation or use of vending
machines is subject to the prior written consent of the City Representative.
4.9.1 Concessionaire shall be required to provide and operate a minimum of two (2)
beverage/food carts in order to provide food and beverage services on the grounds of the golf
course from April through September when a sufficient number of customers, as determined by
the City, are golfing. City -owned or leased golf cart or maintenance vehicles shall not be used
for this purpose unless approved by the City.
ARTICLE 5
Employing Illegal Aliens
5.1.0 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Concessionaire represents and agrees that:
a. As of the date of this Agreement:
1. Concessionaire does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Concessionaire will participate in either the e-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. Concessionaire 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. Concessionaire is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Concessionaire obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Concessionaire shall:
1. Notify such subcontractor and the City within three days that
Concessionaire 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 Concessionaire
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. Concessionaire 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 Concessionaire 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, Concessionaire shall be liable for actual
and consequential damages to the City arising out of Concessionaire's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Concessionaire violates
this provision of this Agreement and the City terminates the Agreement for such breach.
ARTICLE 6
Term
6.1 Period. The term of this Agreement shall commence_, _, 2009 or on the date this
Agreement is executed by the parties and, unless terminated sooner, shall expire on December
31, 2009.
6.2 Renewal -- 2010. This Agreement shall be automatically renewed for a period from
January 1, 2010, until December 31, 2010, unless the Concessionaire 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,
2009.
6.3 Renewal -- 2011. This Agreement shall be automatically renewed for a period from
January 1, 2011, until December 31, 2011, unless the Concessionaire 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.
6.4 Renewal -- 2012. This Agreement shall be automatically renewed for a period from
January 1, 2012, until December 31, 2012, unless the Concessionaire 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.
6.5 Renewal -- 2013. This Agreement shall be automatically renewed for a period from
January 1, 2013, until December 31, 2013, unless the Concessionaire 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.
6.6 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 7
Fee For Conducting Business
7.1 Concession Fee. For the privilege of conducting the concession operations
hereunder, and the exclusive use of the Concession Space, the Concessionaire shall pay to the
City Dollars () in 2009, Dollars () in 2010, Dollars () in 2011, Dollars
() in 2012, and Dollars () in 2013 as the Concession Fee.
7.1.1 During the term of the Agreement, Concessionaire shall provide -busing and janitorial
services described in Section 8.3, at the Concession Space/Area and in designated locations of
the Clubhouse and Patio.
7.2 Time of Payment. The Concessionaire shall pay the Concession Fee monthly no later
than ten (10) days after the first day of the next month.
7.3 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due
amounts at the rate of eighteen percent (18%) per annum from the due date, until paid.
7.4 Method of Payment. Payment for all fees under Article 7 shall be by check or money
order payable to the order of "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 8
Utilities. Maintenance and Janitorial Duties
8.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash
collection, recycling, basic clubhouse security system, natural gas and electric services to the
Concession Space.
8.2 Maintenance and Repair. The City shall maintain and repair the Clubhouse building,
Concession Space and City equipment and fixtures (defined in Article 9). Concessionaire 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
Concessionaire for failure to make repairs as herein specifically required of it unless the
Concessionaire 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 Concessionaire's written notification.
8.2.1 The Concessionaire 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/Area,
whether said breakage or stoppage results from freezing or otherwise.
8.3 Cleanina and Janitorial. The Concessionaire shall keep the Concession Space/Area
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
and State of Colorado.
8.3.1 Concessionaire shall thoroughly clean the entire Concession Space/Area, including all
equipment and fixtures, whether provided by the City or Concessionaire, the grills and exhaust,
ovens, floors, sinks counters, refrigerators and all coils, at least four times per year at minimum;
once prior to, once during, and once after the close of the April through September golf season,
and one additional time during the October to March off-season.
8.3.2 Concessionaire is responsible for the ongoing cleanliness of the Concession
Space/Area in order to provide a clean and orderly appearance for golfers and the public,
including but not limited to, busing and cleaning tables, chairs, patio deck, floor areas and
common areas/hallways, removing trash accumulations to designated trash containers, and
cleaning designated restrooms located in the clubhouse, and the patio deck.
ARTICLE 9
Acceptance and Trade Fixtures
9.1 Concession Space, City Equipment and Fixtures. In addition to the Concession
Space, the City shall provide the following:
9.1.1 Existing equipment as listed on Exhibit "D", attached hereto and made a part hereof;
9.1.2 Lighting fixtures for general area illumination; and
9.1.3 Heat and air conditioning.
9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall
acknowledge that it accepts the Concession Space as well as any City equipment and fixtures
"as is."
9.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit
"E", attached hereto and made a part hereof, no equipment, trade fixtures, signs or other
personal property used by Concessionaire in its business, whether or not attached to the
Clubhouse or any improvements thereon, shall be installed without the prior written approval of
the City.
9.4 Removal of Equipment. Trade Fixtures. Concessionaire shall have the right at any
time during the term of this Agreement 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 or installation of equipment in lieu of Concession Fee
pursuant to Article 7. 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.
9.5 Title to Improvements. Upon installation or erection of Improvements, such
improvements (but excluding any of Concessionaire'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.
9.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal
property installed by Concessionaire 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 10
Damage by Concessionaire
The Concessionaire 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 Clubhouse, including the
Concession Space/Area, or to City's property, equipment and fixtures (defined in Article 9)
caused by Concessionaire, 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 Concessionaire is liable is to the Concession Space/Area,
Concessionaire shall continue to be liable for all rent/fees owed for the Concession Space, even
if it has been rendered untenantable.
ARTICLE 11
Total or Partial Destruction
11.1 Concession Space or Other Maior Component Rendered Untenantable. In case,
during the term of this Agreement, the Concession Space, Clubhouse, 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:
11.1.1 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 the City's determination of untenantability or unusability.
11.1.2 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, Clubhouse, or Golf Course excluding Improvements or equipment, signs,
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.
11.2 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 Concessionaire's use. During any period of use by
Concessionaire of such substitute Concession Space, the City may direct that the
Concessionaire's Fee shall be abated proportionately.
11.3 Components Tenantable. If the Clubhouse, 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.
11.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
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.
11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused
by Concessionaire as more specifically addressed in Article 10 of this Agreement, the provisions
of Article 10 shall govern in any conflict between Article 10 and Article 11.
11.6 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 the Clubhouse or Collindale Golf Course, however the necessity may
occur.
ARTICLE 12
Indemnification and Insurance
12.1 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 Collindale Golf Course and Clubhouse by Concessionaire, its agents,
employees or contractors unless caused by the negligence or willful misconduct of the City, its
employees, agents or contractors.
12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City
harmless from all claims, demands, judgments, costs and expenses, and legal fees 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" includes the respective directors, officers, agents, employees, contractors and
subcontractors of Concessionaire. In the event a subcontractor performs any work under this
Agreement, the Concessionaire shall be responsible for any liability directly or indirectly arising
out of the work performed by such subcontractor.
12.3 Intellectual Property 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 any way connected with this Agreement.
12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations
hereunder, the Concessionaire shall provide and maintain insurance coverage naming the City
as an additional insured under this Agreement as specified in Exhibit "F", which is attached
hereto and incorporated herein by this reference.
12.5 Precautions Against Injury. The Concessionaire shall take all necessary precautions
in performing the operations hereunder to prevent injury to persons and property.
12.6 Failure to Insure. Neither the failure of Concessionaire to take out and/or maintain,
nor the taking out and/or maintenance of any required insurance shall relieve Concessionaire
from any liability under this Agreement, nor shall the insurance requirements be construed to
conflict with the obligations of Concessionaire concerning indemnification. In the event the
Concessionaire fails to maintain insurance required hereunder, the City may, at its option, take
out and maintain at the expense of the Concessionaire such insurance as the City may deem
proper. The City may offset the cost of any such insurance from any monies that may be due or
become due to the Concessionaire under this Agreement.
ARTICLE 13
No Interest in Real Property
Concessionaire 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 Concessionaire any
interest in real property.
ARTICLE 14
Assignment
The Concessionaire 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 Concessionaire's interest created hereby,
other than by merger or consolidation unless approved by City.
ARTICLE 15
Right of City to Enter, Inspect and Make Repairs
15.1 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 Concessionaire's operation as is reasonably
practicable) to enter upon any part of the Concession Space for the following purposes:
15.1.1 To inspect such premises at reasonable intervals during regular business hours (or at
any time in case of emergency) to determine whether Concessionaire has complied with and is
complying with the terms and conditions of this Agreement with respect to such premises;
15.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
15.1.3 To make structural additions and alterations.
15.2 Obstruction by City. All entries made for the purposes enumerated above shall,
except as otherwise provided in Article 11, Total or Partial Destruction, be without abatement of
rent for damage for inconvenience. However, in the event any entry by City in the Concession
Space for the purpose of making repairs or alterations as provided for in Section 15.1.2 above
(other than repairs necessitated as a result of damage by Concessionaire under Article 10)
constitutes a substantial obstruction to and impairment of Concessionaire's right of use of such
Concession Space, then Concessionaire shall be entitled to a fair and just abatement of the
rent/fees for such premises during the period required by City to make such repairs.
15.3 Obstruction by Concessionaire. In the event that any personal property of
Concessionaire 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, 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.
15.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article,
by the City, or others under right of the City, shall not be, nor be construed to be, an eviction of
Concessionaire, nor be made the grounds for any abatement of rental nor any claim or demand
for damages against the City, consequential or otherwise, except claims for damages to person
or property caused solely by the negligence of the City.
ARTICLE 16
Default. Rights of Termination
16.1 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:
16.1.1 Concessionaire's failure to pay any fee or other charge when due and within five (5)
workings days after notice from City of such nonpayment.
16.1.2 Concessionaire's failure to maintain the insurance required in Section 12.4.
16.1.3 Concessionaire's assignment of any right hereunder in violation of Article 14.
16.1.4 Concessionaire'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 [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.
16.1.5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an
involuntary petition in bankruptcy against Concessionaire, the taking of possession of all or
substantially all of Concessionaire's assets pursuant to proceedings brought under the
provisions of any federal reorganization act or the appointment of a receiver of all or
substantially all of Concessionaire's assets and the failure of Concessionaire to secure the
7009 COLLINDALE GOLF COURSE
RESTAURANT/SNACK BAR CONCESSIONAIRE
Background information
The City of Fort Collins is the owner and operator of the Collindale Golf Course located at 1441
E. Horsetooth Road, Fort Collins, Colorado 80525.
In connection with the operation of Collindale Golf Course, the City has established a clubhouse
which includes a restaurant/snack bar area. The Culture, Parks, Recreation and Environment
Services Unit Golf Division within the Parks Department administers the golf facilities for the City,
and desires to grant to a contractual food and beverage Concessionaire the use of the
Concession Space/Area for the purpose of offering quality food, non-alcoholic beverages,
licensed alcoholic beverages, and related services primarily to the golfers using Collindale Golf
Course and, incidentally, to the public, for the year 2009 with potential annual renewal options for
the years 2010 through 2013; with possible extensions of the original five-year term for up to five
additional years if performance is satisfactory and subject to City Council approval.
The main purpose of this Concession Space/Area is to provide quality food and beverage
services to our customers, the golfers who use Collindale Golf Course. The Golf Concessionaire
provides all employees and volunteers necessary to facilitate the full and efficient use and
management of the concession operations as described; and the Concessionaire owns and
sells the food and beverages, and related merchandise and services. The Concession
Space/Area and Clubhouse is not necessarily intended to be a full -service type restaurant to the
general public, even though additional services may be deemed appropriate for the annual
operation of this concession. During the months of April, May, June, July, August, and
September, our golfers are the primary customers and they will not be displaced by any non -
golfer related activities or functions unless approved by the Director of Parks. During the `off-
season" from October through March, the Concession Space/Area and Clubhouse may be used
for general public use purposes, but golfers will always remain as the primary customers. The
City currently does not plan to significantly enlarge or change the restaurant/snack bar area in
any way, but may enlarge the outside deck seating.
The Course/History
Collindale Golf Course was designed and constructed by Frank Hummel of Greeley for the City
of Fort Collins and was opened for play in 1971. Collindale is a regulation -size 18-hole
championship municipal golf course, situated on 167 acres. Collindale has a Men's Par of 71,
and plays 7,083 yards from the back blue tees rated 72.3 with a 127 slope; 6,509 yards from the
white tees rated 70.0 with a 123 slope; and 5,858 yards from the gold tees rated 67.5 with a 114
slope; and is a Ladies' Par of 73 playing 5,431 yards from the forward red tees and rated 70.4
with a 126 slope.
The course features some of the finest quality greens in the entire Rocky Mountain Region, as
well as fairly tight and flat, but great fairways with lots of trees. Facilities at Collindale include a
large driving range, a golf cart storage building (which may be converted to other uses in the
future), a residential house (which may be converted to other uses in the future), maintenance
buildings, a practice chipping green, practice putting green, and a 15,000 sq. ft. Clubhouse
building and parking lot which opened in January, 2003. The "Colorado Lodge look" modern
clubhouse building and attached 1,200 square foot patio deck includes a full -service kitchen, 8-
stool bar and lounge, restaurant and dining area, with seating for up to 142 people (62 in the
return of such assets and/or the dismissal of such proceeding within ninety (90) days after the
filing.
16.1.6 The abandonment for a period of (7) days by Concessionaire of the conduct of its
services and operations during the season from the beginning of April through the end of
September, or for a period of fourteen (14) days during the October through March off-season.
16.1.7 The assignment by Concessionaire of its assets for the benefit of creditors'.
16.1.8 The death of the Concessionaire or dissolving of the Corporation.
16.1.9 After written notice to the Concessionaire of any violation of the personal conduct
standards set forth in Section 4.4, 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
Concessionaire'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.
16.2 City's Remedies on Default.
16.2.1 In the event of a default by Concessionaire, the City may terminate this Agreement
effective immediately upon provision of written notice of such termination 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, the City shall have the right to take
possession of the Concession Space at the time of default. Concessionaire's liability to City for
damages and rent shall survive the termination, and the City may re-enter, take possession of
the Concession Space and remove any persons or property by legal action or by self-help with
the use of reasonable force and without liability for damages.
16.2.2 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.
16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and
remedies reserved pursuant to this Article are in addition to any other rights or remedies the City
may have pursuant to this Agreement or to applicable law to seek judicial enforcement,
damages or any other lawful remedy.
ARTICLE 17
Miscellaneous Provisions
17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed
cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to the City, or Concessionaire, at law or in equity, and the exercise of any remedy, or
the existence herein of other remedies or indemnities shall not prevent the exercise of any other
remedy.
17.2 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.
17.3 Non -liability of Individuals Other than Concessionaire. With the exception of
Concessionaire, 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.
17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the
Concession Space/Area, or any part thereof, for any purpose or use other than those authorized
by this Agreement. Neither shall Concessionaire permit nor suffer any disorderly noise or
nuisance whatsoever about the Concession Space, Clubhouse or Collindale Golf Course.
17.5 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.
17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Concessionaire, their successors and assigns, and is not made for the benefit of any third party.
17.7 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.
17.8 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.
17.9 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.
17.10 Legal 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 for legal
fees, including attorneys' fees and costs, in such action or proceeding and in any appeal
therefrom.
17.11 Incorporation of Request for Proposals/Entire Agreement. Request for Proposal
Number 7009, and all specifications included therein, and the Proposal submitted and interview
responses by the Concessionaire in response thereto, are incorporated and made a part of this
Agreement by this reference, except that in the event of a conflict between such documents and
the express terms of this Agreement, the terms of this Agreement shall prevail. 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, except as expressly
incorporated herein.
17.12 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 the City or the Concessionaire in his
or its respective rights and obligations under the valid covenants, conditions or provisions of this
Agreement.
17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier
termination as herein provided, Concessionaire shall remove all of its property from Collindale
Golf Course and surrender entire possession of its rights at Collindale Golf Course to City and
its improvements in accordance with Section 10 above, unless this Agreement is renewed or
replaced.
17.14 City Representative. The City designates the Director of Parks 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.
17.15 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 Concessionaire:
To the City: Director of Parks
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, Colorado 80522-0580
17.16 Paragraph Headings. Paragraph headings contained herein are for convenience and
reference, and are not intended to define or limit the scope of any provisions of this Agreement.
17.17 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.
17.18 Force Maieure. 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 that are not within its control.
17.19 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.
17.20 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.
17.21 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.
17.22 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Concessionaire represents and agrees that:
a. As of the date of this Agreement:
1. Concessionaire does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Concessionaire will participate in either the e-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. Concessionaire 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. Concessionaire is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Concessionaire obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Concessionaire shall:
1. Notify such subcontractor and the City within three days that
Concessionaire 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 Concessionaire
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. Concessionaire 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 Concessionaire 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, Concessionaire shall be liable for actual
and consequential damages to the City arising out of Concessionaire's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Concessionaire violates
this provision of this Agreement and the City terminates the Agreement for such breach.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
written above.
THE CITY OF FORT COLLINS, COLORADO
ATTEST: A Municipal Corporation
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
By:
James B. O'Neill, II, CPPO, FNIGP
Director of Purchasing and Risk Management
By:
ATTEST: Concessionaire
EXHIBIT A
City of Fort Collins
Cultural, Library and Recreational Services
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
1. 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 B
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:
Signature:
Applicant' Address:
City/State/Zip: _
Driver's License #:
(Please Print) First Middle Last
Date of Birth:
Social Security #:
Signature of Parent or Guardian:
(if Applicant is under the age of 18):
Other names used in the last seven (7) years:
Previous out-of-state address(es) in the past seven (7) years.
1.
Address
City County State
2.
Address City County State
Please list any additional addresses on the back of this page.
Contractor's Initials: Date: City Staff Initials:
Date:
Zip
Zip
EXHIBIT C
Para informacion en espanol, visite rvrvrv.fie.gov/credit o escribe a la FTC ConsunnerResponse
Center, Room 130-A 600 Pennsylvania Ave. N. W., Washington, D.C. 20580.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of
information in the tiles of consumer reporting agencies. There are many types of consumer reporting
agencies, including credit bureaus and specialty agencies (such as agencies that sell information about
check writing histories, medical records, and rental history records). Here is a summary of your major
rights under the FCRA. For more information, including information about additional rights, go
to www.fte.gov/credit or write to: Consumer Response Center, Room 130-A, Federal Trade
Commission, 600 Pennsylvania Ave. N.W., Washington, D.C. 20580.
• You must be told if information in your file has been used against you. Anyone who uses a
credit report or another type of consumer report to deny your application for credit, insurance,
or employment — or to take another adverse action against you — must tell you, and must give
YOU the name, address, and phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and obtain all the
information about you in the files of a consumer reporting agency (your "file disclosure"). You
will be required to provide proper identification, which may include your Social Security
number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:
• a person has taken adverse action against you because of information in your credit
report;
• you are the victim of identify theft and place a fraud alert in your file;
• your file contains inaccurate information as a result of fraud;
• you are on public assistance;
• you are unemployed but expect to apply for employment within 60 days.
In addition, by September 2005 all consumers will be entitled to one free disclosure every 12
months upon requestfrom each nationwide credit bureau and from nationwide specialty
consumer reporting agencies. See www.ftc. ov/credit for additional information.
You have the right to ask for a credit score. Credit scores are numerical summaries of your
credit -worthiness based on information from credit bureaus. You may request a credit score
from consumer reporting agencies that create scores or distribute scores used in -residential real
property loans, but you will have to pay for it. In some mortgage transactions, you will receive
credit score information for free from the mortgage lender.
You have the right to dispute incomplete or inaccurate information. If you identify
information in your file that is incomplete or inaccurate, and report it to the consumer reporting
agency, the agency must investigate unless your dispute is frivolous. See \vww.ftc.2ov/credit
for an explanation of dispute procedures.
Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete or unverifiable information must be
removed or corrected, usually within 30 days. However, a consumer reporting agency may
continue to report information it has. verified as accurate:
main clubroom and 72 in the private dining room), and the outdoor patio deck facing south
towards the course with seating for up to 50 people; and restrooms, all located on the upper
level. In addition, there is a snack bar window access to the kitchen on the east side of the
building from outside for potential quick food and beverage services "at the turn" that is
available, if desired for use.
The Pro Shop, which is operated and managed by our contractual golf professional, Dale
Smigelsky, PGA, is also on the upper level, and has great visual access/control of the 1st and
10th tees and the 9th and 18th greens. In the lower level we have storage for up to 50 golf
carts, limited women's and men's day -use lockers and showers, restrooms, a women's lounge,
and long-term locker rentals; as well as several storage and repair rooms. The 170-space
parking lot is designed for multi -modal access accommodations. The quality of the golf course
at Collindale has always been very high, and the Collindale Clubhouse building adds to that
positive image and provides a total, modern, full -service municipal golfing facility that our
customers seem to desire and deserve.
Collindale has hosted local U.S. Open Qualifying, as well as both the Colorado High School
Girl's and Boy's State Championships, and is a perennial favorite for many State amateur
events including the PubLinx Tournament and the Women's and Men's State Stroke Play
Championships. Also Colorado State University and Poudre School District High School teams
practice, play, and enjoy the challenges at Collindale.
As previously noted, Collindale is a regulation -length 18-hole golf course. Since 2004, an
average of roughly 40,000 total rounds of golf at Collindale have been played annually, with 60
percent of the rounds being 9-hole rounds and 40 percent being 18-hole rounds. 80 percent of
the total rounds played annually have been by daily green fee golfers and 20 percent of the
rounds have been played by annual pass golfers. These play statistic ratios have remained
fairly consistent in percent years, although the number of annual pass cardholders and the
number of annual pass rounds played annually has been declining in recent years.
Attached Information/Data
Attached are copies of the Collindale scorecard, the "Policy Statement on Golf Staff Usage at
City Golf Courses," the 2009 Golf Fees and Charges Schedule, and golf play statistics at
Collindale from 2006 to June 2009 for your information and reference. Also, as a part of this
concession site, the City currently owns and is responsible for the maintenance of certain
equipment as described in an inventory attachment. The City also has a list of hard goods
which would be turned over to the successful concessionaire. The list is attachment A. The
Concessionaire must provide all other equipment/inventory and maintenance in order to
successfully operate this concession.
The Concession and Revenues
The former contracted Concessionaire at Collindale, "Brauns Bar & Grill at Collindale, LLC, dba
Manno's Grille at Collindale," served in that capacity since 2003 when a five-year agreement
was awarded through an RFP process. This agreement with the City expired December 31,
2007, and was renewed. There have been two different ownerships of Brauns since 2003, with
the most recent owner in place as of April, 2004.
City Code states we are required to conduct a competitive procurement process to award a new
agreement.
• Consumer reporting agencies may not report outdated negative information. In most
cases, a consumer reporting agency may not report negative information that is more than seven
years old, or bankruptcies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about
you only to people with a valid need -- usually to consider an application with a creditor,
insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for
access.
• You must give your consent for reports to be provided to employers. A consumer
reporting agency may not give out information about you to your employer, or a potential
employer, without your written consent given to the employer. Written consent generally is not
required in the trucking industry. For more information, go to www.ftc.P-ov/credit.
• You may limit "prescreened" offers of credit and insurance you get based on information
in your credit report. Unsolicited "prescreened" offers for credit and insurance must include
a toll -free phone number you can call if you choose to remove your name and address from the
lists these offers are based on. You may opt -out with the nationwide credit bureaus at 1-800-
XXX-XXXX.
• You may seek damages from violators. If a consumer reporting agency, or, in some cases, a
user of consumer reports or a furnisher of information to a consumer reporting agency violates
the FCRA, you may be able to sue in state or federal court.
• Identity theft victims and active duty military personnel have additional rights. For more
information, visit www.ftc.gov/credit.
States may enforce the FCRA, and many states have their own consumer reporting laws. In
some cases, you may have more rights under state law. For more information, contact your state
or local consumer protection agency or your state Attorney General. Federal enforcers are:
TYPE OF BUSINESS:
CONTACT:
Consumer reporting agencies, creditors and others not listed below
Federal Trade Commission: Consumer Response Center - FCRA
Washington, DC 20580 1-877-382-4357
National banks, federal branches/agencies of foreign banks (word
Office of the Comptroller of the Currency
"National" or initials "N.A." appear in or after bank's name)
Compliance Management, Mail Stop 6-6
Washington, DC 20219 800-613-6743
Federal Reserve System member banks (except national banks, and
Federal Reserve Board
federal branches/agencies of foreign banks)
Division of Consumer & Community Affairs
Washington, DC 20551 202-452-3693
Savings associations and federally chartered savings banks (word
Office of Thrift Supervision
"Federal" or initials "F.S.B." appear in federal institution's name)
Consumer Complaints
Washington, DC 20552 800-842-6929
Federal credit unions (words "Federal Credit Union" appear in
National Credit Union Administration
institution's name)
1775 Duke Street
Alexandria, VA 22314 703-519-4600
State -chartered banks that are not members of the Federal Reserve
Federal Deposit Insurance Corporation
System
Consumer Response Center, 2345 Grand Avenue, Suite 100
Kansas City, Missouri 64108-2638 1-877-275-3342
Air, surface, or rail common carriers regulated by former Civil
Department of Transportation , Office of Financial Management
Aeronautics Board or Interstate Commerce Commission
Washington, DC 20590 202-366-1306
ctivities subject to the Packers and Stockyards Act, 1921
IDepartment of Agriculture
Office of Deputy Administrator - GIPSA
ashin ton, DC 20250 202-720-7051
Attachment
Collindale Restaurant. Hard Goods Inventory
VANE GLASS
112 OZ
8.63
SHORT
3 DZ
1.58
ROCKS
3 DZ
2
SHOT
DZ
1
167 MDONG GLASS
2 DT.
4.83
MARTINI
DZ
0.9
STORE AND POUR
EA
13
JIGGER
EA
2
SHAKER
EA
4
POURERS, LIQ
DZ
6
BLENDER
EA
1
ALOHA POS
EA
1
ULTERIOR SIGNS
EA
2
EXTERIOR SIGNS INSERTS
EA
2
BEVERAGE CARTS
EA
2
3Z" LCD TV
EA
i
32" lV AND ROLLING CART
EA
1
DVD PLAYER
EA
2
110' PULL DOWN SCREEN
EA
1
SONY LAPTOP
EA
i
DESKTOP COMPUTER
EA
1
COPIER
EA
1
COUCH/BOOTHS
EA
4
DECOR - PAINTINGS AND CLUBS
EA
1
FOLDING TABLES
E.A
2
TV STANDS
EA
2
WINDOW TREATMENTS
EA
9
DRAPE AND BAR
EA
1
PAN RACK - WALK IN
EA
1
SLICER
EA
1
1000 WATT MICROWAVE
FA
1
SILVER KING
EA
1
ICE CREAM MAKER
EA
1
PORTABLE BAR
EA
1
HIGH CHAIRS
EA
1
BOOSTER SEATS
EA
1
SAFE
EA
1
TRAY STANDS
EA
6
S/S CADDIES
EA
32
SIP SHAKERS
DZ
5
COFFEE URN
FA
1
AIRPOTS
EA
8
S/S CARAFE
EA
5
COFFEE CUPS
3 DZ
1
FORK
DZ
11.5
KNIFE
OZ
11.5
SPOON
DZ
4
STEAK KNIFE
DZ
8.83
11 1/B" PLATE
DZ
21.2
BOWL
Dz
BOUILLION 7Z
3 DZ
ICED TEA URNS
EA
INSULATED BEV DISPENSER EA
COCKTAIL TRAYS 14'
EA
SERVING TRAYS
EA
MOP BUCKET WIRINGER
EA
BROOMS
EA
SQUEEGEE
EA
VACUUM
EA
8 X 3 SPAT
EA
6X3SPAT
EA
CUTTING BOARDS
EA,
MIXING BCA"A-S LG
EA
MIXING BOWLS SM
EA
SHEETPAN
EA
V2 SHEET PAN
EA
HOTEL PAN 2'
EA -
HOTEL PAN 4'
EA
HOTEL PAN 6"
EA
112 HOTEL PAN 2"
EA
112 HOTEL PAN N'
FA
V3 PAN 4"
EA
113 PAN 6'
EA
116 PAN 4"
EA
1,5 PAN 6"
EA
116 COVER
EA
FULL COVER
EA
1i2 COVER
EA
1/3 COVER
EA
FULL COVER CAMBRO
EA
ICE WAPID
EA
116 PAN COVER CAMBRO
EA
4 QT CAMBRO
EA
6 QT CAMBRO
EA
CAMBRO LID
EA
CAMBRO FUILL 4"
EA
CAMBRO 112 4"
EA
CAMBRO 1/6 4"
EA
SCALE 320Z
EA
SCALE 30LB
EA
CAN OPENER
EA
CHINA CAP
EA
MEASURING CUP PINT
EA
MEASURING CUP 2 QUART
EA
MEASURING CUP GALLON
EA
DREDGE
EA
BUTTER SPREADER
EA
GRILL SCRAPER
EA
GRILL BRUSH
EA
5' PAN
EA
10" PAN
EA
I X' PAN
EA
3.75
1.1
2
2
6
4
2
3
2
1
2
2
4
8
10
18
5
42
14
6
0
31
0
26
0
68
6
4
3
6
4
1
35
10
20
5
26
2
2
1
2
3
2
1
2
1
1
1
12
1
4
10 QT PAN
EA 2
STOCK POT 16 QUART
EA 2
BRAZIER
EA 1
MANDOLIN
EA 1
DICER
EA 1
DRAIN GATE
EA 6
COLLANDER
EA 1
FOOD PROCESSOR
EA 1
FLATWARE RACK
EA 2
25 COMP RACK
EA 3
36COTAPRACK
EA 3
SILVERWARE RACK
EA 1
PLATE RACKE
EA 2
CUTLERY BIN
EA • 2
DISH BOX
EA 2
SLIM JIM CANS
EA 7
44 GAL TRASH CANS
EA 1
TRASH CART
EA 1
MATTING
EA 5
UTILITYCART
EA 1
TONGS SIS
EA 8
40ZLADLES
EA 4
202LADLES
EA 10
TABLE SKIRTING
EA 2
DELUXE CHAFER
EA 3
ECONOMY CHAFER
EA 2
DELUXE ROUND CHAFER
EA 1
BANQUET UTENSILS
EA 15
A breakdown of Manno's gross sales is as follows:
Ordinary Income/Expense
Income
4100
Food/Beverage
4200 • Liquor
4300 • Bottle Beer
4400 • Draft Beer
4500 • Wine
4800 • Other
4900 • Discounts & Coupons
Total Income
2006 2007 2008
488,770.19 608,869.79 610,620.08
110, 350.76 136, 844.12 125, 614.22
88,462.53 96,687.53 , 82,875.07
120, 082.15 150, 066.42 137, 033.68
33,291.84 43,622.97 38,208.04
520.62-2,248.15 402.29
-30,591.71-67,336.59-75,680.85
810,886.38 966,506.09 919,072.53
The City makes no representations or guarantees as to the accuracy of the revenue figures as
provided by the Concessionaire. The previous Concessionaire paid 10 percent of gross to the
City, less approved deductions.
The City Manager approves the Golf Fees and Charges after reviewing recommendations from
the Golf Advisory Board and Golf Division staff. One of these City approved Fees and Charges
is a "Tournament Services Fee to the Concessionaire" of $7.00 per player for food/beverage
credit. This fee may be fully or partially waived at the option of the Concessionaire. The fee is
designed to guarantee that the Concessionaire makes money on golf tournaments.
Historically, the menu at Manno's has included breakfast such as eggs, bacon, ham, sausage,
biscuits and gravy, breakfast burritos, omelettes, donuts, hashbrowns, fruit, cereal, etc., and
lunches/dinners have included hot dogs, hamburgers, sandwiches both hot and cold, steaks,
fish, salads, chili, fries, etc. Tournament menus have included food such as prime rib when
requested. Beverages include coffee, tea, milk, juices, soft drinks, beer and wine, and a full
service liquor bar, etc. However, a new restaurant philosophy on menu items can be submitted
and will be considered.
In addition to restaurant/snack bar operations must furnish two (2) beverage carts, in order to
provide food and beverage services on the grounds of the course. The City will not allow the
usage of City -owned golf carts for this purpose. There are private businesses in the region that
will lease or sell such mobile beverage/snack golf carts to the Concessionaire, and the City
requires the Concessionaire to provide such a service to Collindale golfers on a continual basis,
as is profitable for the Concessionaire.
The Concessionaire must also assume and perform all janitorial/busing duties and functions in
the restaurant/snack bar area, including the clubhouse patio, kitchen, office, storage areas, bar,
wait areas, the private dinning room, main floor common entrances and hallways, and elevator;
must completely maintain the restrooms located on the main floor in the clubhouse. Restrooms
need be maintained every day in a high quality manner to satisfy customer desires and Health
Department requirements. The cost of janitorial services will be absorbed by the
Concessionaire.
Use of the private Dining Area may be leased from the Concessionaire at an agreed upon rate
from the City. All City sponsored events are exempt.
Liquor License
Currently an integral element of the Collindale Restaurant/Snack Bar Concession operation is
the sale of alcoholic beverages, which makes up a considerable portion of the gross revenues
generated. When a new Concessionaire is awarded the Agreement, immediately after signing
the Concession agreement document, the new Concessionaire will make application for the
existing Hotel -Restaurant with Optional Premises liquor license to be transferred from the
former Concessionaire into the name of the new Concessionaire. Therefore, the new
Restaurant/Snack Bar Concessionaire must be able to fully qualify for this Hotel -Restaurant with
Optional Premises liquor license, and will be subject to investigation(s) by the City of Fort
Collins Police Services and/or the State of Colorado. It could take several months before a new
Concessionaire receives final approval from the City Liquor Licensing Authority for the transfer
to be completed. Liquor cannot be sold or consumed during that period of time unless a
temporary license is issued. Failure to qualify for a liquor license or failure to obtain such
license within ninety (90) days after execution of an agreement shall constitute a default.
With the Hotel -Restaurant with Optional Premises Liquor License the Concessionaire may sell
all types of alcoholic beverages at the course. However, the City has determined that only beer
in cans or plastic bottles will be allowed outside of the buildings/patio deck on the grounds of the
course, and the Director of Parks will determine on an individual basis whether mixed drinks,
wine, or straight alcohol in non -glass containers will be allowed for sale and consumption on the
course. For purposes of the liquor license, the premises authorized through this license has
historically been defined to include "The Collindale Clubhouse building and adjacent outdoor
Patio, and the entire grounds of Collindale Golf Course."
If you have any questions about the liquor license process, please contact Aimee Jensen, City
Liquor Licensing Specialist, at 221-6315. Also, you should contact your insurance agent or
broker regarding liquor liability insurance, as well as other required insurance coverage for this
concession.
Criteria for Proposal Award
The proposal will be evaluated as follows:
1. A five person Collindale Restaurant/Snack Bar Concession RFP Review Committee,
composed of one member from the City of Fort Collins Golf Advisory Board, one
citizen member appointed by the Director of Purchasing, two members from the City
Golf Division staff, and one member from the City of Fort Collins Purchasing staff, will
review all written proposals. Using a point evaluation system for grading each
proposal, the committee will rank each proposal in numerical order.
2. The top ranked proposers may be interviewed by the Committee and the Committee
will rank the interviews using criteria and potential questions regarding background
and experience of the Concessionaire, the ability of the Concessionaire to operate as
per the scope of the proposal, and the financial circumstances of the proposal
including ability to perform and revenues to the City. Interviews are tentatively
scheduled for late afternoon on February 19, 2009.
3. The Director of Parks will check the references and perform a background screening of
the top ranked individual/firm. If the references and background screening are
acceptable, an agreement will be awarded to the highest ranked firm/individual subject
to suitable contract negotiations.
Schedule
Pre Proposal meeting at site: February 3, 2009 10:00 a.m.
Open RFP's: February 10, 2009 3:00 p.m.
Interviews (tentative): February 19, 2009 3:00 p.m.
Proposal Requirements
1. Complete the "Proposal" form as provided.
2. No person, firm or corporation shall make or file more than one proposal for this
contract for services.
3. Proposals six (6) must be sealed, addressed, and deposited with the City at the
following location before the proposal opening:
City of Fort Collins
Office of Purchasing and Risk Management
215 N. Mason Street, 2"d floor (if delivered)
P.O. Box 580 (if mailed)
Fort Collins CO 80522
4. A proposal may be withdrawn at any time prior to the proposal opening, but may not
be withdrawn for a period of sixty (60) days from the closing date for receiving
proposals.
5. Required Documents - The following shall be submitted with the proposal:
1. Proposal Questionnaire.
2. The Proposal Form/Addendum Acknowledgment Page.
3. An Annual Payment Schedule Statement to the City. Remittance will be made
to the City on a monthly basis by the 15 for sales from the previous month.
4. Proposed Menu.
5. List of vendors you will be conducting business with.
6. Contact person who will be in charge on site.
7. Business Plan for 2009.
Including how soon after award you can be operational.
8. How you propose to finance the operation.
6. During the written portion of the RFP process, public input/citizen support is not
included, and will not be considered when the Committee is evaluating the written
proposals. References will only be considered by the Committee for the interview
portion of the process. As a public entity, citizens have a right to provide their opinions
to us; however, the RFP process clearly defines when such input will be considered.
Therefore, proposers shall not solicit nor encourage such citizen support, nor provide
references during the written portion of the process. Said references and support can
be°part of the interview phase of the process. All letters, faxes, e-mails, etc. should be
sent to the Director of Parks for processing.
7. A list of all proposed prices for all items which are to be sold at the concession must be
provided by the successful applicant within sixty (60) days after the award of proposal.
Permits, Licenses, Fees, and Taxes
It shall be the responsibility of the Concessionaire to make application for the necessary permits
and licenses, and to pay for all fees and taxes in order to operate this concession, including the
ability to obtain a Hotel -Restaurant with Optional Premise Liquor License for alcoholic beverage
sales and consumption. .
Specifications
Included in the "Request for Proposals" package is a draft copy of the Agreement that the
Concessionaire and the City will sign. All of the elements of the agreement are considered as
part of the specifications for the proposals requested. This specification sheet amplifies the
major provisions of the Collindale Concession operation, as well as defines and provides
clarification of several specific points.
The Concessionaire and the City shall sign an agreement which will grant to the
Concessionaire the operation of the Collindale Golf Course Restaurant/Snack Bar
Concession Space/Area. The duration of the agreement will be for the calendar year
2009 with four possible one-year renewal options (if desired by both parties) for the
calendar years 2010, 2011, 2012 and 2013; with possible extensions of the original
five-year term for up to five additional one-year terms if performance is satisfactory and
subject to City Council approval.
2. The Concession Area must be opened for business from at least 6:30 a.m. to beyond
sundown daily at a minimum for the months of April, May, June, July, August, and
September; and from 10:00 a.m. to 5:00 p.m. daily at a minimum during the months of
October, November, December, January, February, and March. However, the
Concessionaire shall not be required to operate the concession when the golf course
is closed due to bad weather or other reasons. Any other hours of operation will be
mutually agreed upon between the Concessionaire and the Director of Parks.
Breakfast, lunch, and dinner services are all equally important.
3. The Concessionaire operator must have been in this type of business for at least two
(2) years within the past five (5) years, or have sufficient other similar past experience
to satisfy in the judgment of the Committee to meet this requirement.
4. The financial condition of the Concessionaire must be of such standing that adequate
staffing, supplies and appropriate operational permits as necessary can be
purchased/obtained in order to open the concession area for full business no later than
April 1, 2009. The Concessionaire must obtain and pay for all licenses and taxes
necessary for the operation, and must obtain a Hotel -Restaurant with Optional
Premises Liquor License for alcoholic beverage sale and consumption. The premise is
defined as the Golf Clubhouse and adjacent Patio, and the entire Golf Course grounds
of the Collindale Golf Course. The Concessionaire shall also provide and pay for any
Worker's Compensation, Social Security withholding, payroll taxes, Possessory
Interest Tax, and/or any other taxes that might be required by government authorities.
Tangible proof of financial ability to operate this concession will be required if you are
interviewed.
5. Insurance Requirements.
A. The Concessionaire will provide from insurance companies, acceptable to the
City, the insurance coverage designated hereinafter and pay all costs.
The Concessionaire also indemnifies the City. Before commencing work under
this Request for. Proposal, the Concessionaire shall furnish the City with
certificates of insurance showing the type, amount, class of operations
covered, effective dates and date of expiration of policies, and containing
substantially the following statement:
"The insurance covered by this certificate will not be canceled or materially
altered, except after ten (10) days written notice has been received by the
City."
In the case of the breach of any provision of this requirement, the City, at their
option, may take out and maintain, at the expense of the Concessionaire, such
insurance as the City may deem proper and may deduct the cost of such
insurance from any monies which may be due or become due to the
Concessionaire under this agreement. The City, its officers, agents, and
employees shall be named as additional insured on the Concessionaire
"general liability"' insurance policy for any claims arising out of work performed
under this agreement.
B. Insurance coverages shall meet the following insurance limits:
1. $1,000,000 —Liquor Liability, per occurrence
2. $1,000,000 --Commercial General Liability with Combined Single
Limit; $2,000,000 Aggregate
3. Statutory --Workers' Compensation Coverage A
4. $100,000/$500,000/$100,000-- Workers' Compensation Coverage B
5. $1,000,000 --Products Liability
In the event any work under this agreement is performed by a sub -contractor, the
Concessionaire shall be responsible for any liability directly or indirectly arising
out of the work performed under this agreement by a sub -contractor, which
liability is not covered by the subcontractor's insurance.
6. The Concessionaire shall control the conduct and demeanor of its agents and
employees. Upon objection from the City concerning conduct or demeanor of any such