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HomeMy WebLinkAboutDOUGLAS W PERRY - CONTRACT - RFP - 7013 CITY PARK NINE GOLF PROFESSIONAL AND CONCESSIONAIRECITY PARK NINE GOLF COURSE GOLF SERVICES AND CONCESSION AGREEMENT This Golf Services and Concession Agreement, hereinafter called the "Agreement," is made and entered into as of the 1st day of March, 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 Douglas W. Perry, hereinafter called "Contractor", regarding certain services to be provided at the City Park Nine Golf Course, 411 South Bryan Avenue, Fort Collins, Colorado, 80521 (the "Golf Course"). WITNESETH: ARTICLE 1 Golf Services Contractor agrees to provide golf services in accordance with the Scope of Golf Services description, consisting of 1 page, attached hereto as Exhibit "A" and incorporated herein by this reference ("Golf Services"), such services to be provided primarily by the Contractor. ARTICLE 2 Grants of Concessions 2.1 Grant of Pro Shop and Driving Range Concession. The City grants and Contractor accepts the responsibility of operating a Golf Pro Shop and Driving Range Concession in accordance with the Scope of Pro Shop and Driving Range Services description, consisting of 3 pages, attached hereto as Exhibit "B" and incorporated herein by this reference ("Pro Shop and Driving Range Services"). 2.2 Grant of Snack Bar Concession. The City grants and Contractor accepts the responsibility of operating a kitchen and snack bar area and using such facilities as appropriate to provide refreshment services, including food, non-alcoholic beverages, licensed alcoholic beverages, and related services to the public at the Golf Course, in accordance with the Scope of Snack Bar Concessions description, consisting of 1 page, attached hereto as Exhibit "C" and incorporated herein by this reference ("Snack Bar Services"). ARTICLE 3 Concession Space For the purposes of this Agreement, the "Concession Space" shall mean any and all parts of the pro shop and clubhouse building at the Golf Course. 9.3.2 Contractor is responsible for the ongoing cleanliness of the Concession Space 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, floor areas and removing trash accumulations to designated trash containers. 9.3.3 Contractor shall maintain clean and orderly restrooms in the Concession Space throughout operating hours. 9.3.4 Contractor shall be responsible for the daily cleaning of all outside entrances to the concession space, as well as the daily cleaning of the golf cart staging area. ARTICLE 10 Acceptance and Trade Fixtures 10.1 Concession Space, City Equipment and Fixtures. In addition to the Concession Space, the City shall provide the following: 10.1.1 Existing equipment as listed on Exhibit "H", attached hereto and made a part hereof; 10.1.2 Lighting fixtures for general area illumination; 10.1.3 Heat and air conditioning; 10.1.4 Pro shop counters, storage units and safe; and 10.1.5 One cash register and/or computerized system, and credit card machine for use by Contractor in connection with performance of services and sales under this Agreement. 10.1.6 Pro Shop Carpeting. 10.2 Acceptance. On the date of commencement of this Agreement, Contractor shall acknowledge that it accepts the Concession Space as well as any City equipment and fixtures "as is." 10.3 Installation of Equipment and Trade Fixtures., Except for the items listed on Exhibit "I", attached hereto and made a part hereof, no equipment, trade fixtures, signs or other personal property used by Contractor in its business, whether or not attached to the Concession Space or any Improvements thereon, shall be installed without the prior written approval of the City. 10.4 Removal of Equipment, Trade Fixtures. Contractor shall have the right at any time during the term of this Agreement or upon termination and within thirty (30) 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 Section 8.1. Any property not so removed by Contractor upon termination shall become a part of the realty on which it is located and title thereto shall vest in the City. 10.5 Title to Improvements. Upon installation or erection of Improvements by Contractor, such Improvements (but excluding any of Contractor's personal property and trade fixtures which are attached or affixed thereto) shall become a part of the realty upon which they are erected and title thereto shall vest in the City. Upon vesting, the Improvements become part of the Concession Space and are subject to the terms applicable to the Concession Space within this Agreement. 10.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal property installed by Contractor shall be subject to and conform in all respects to the applicable statutes, ordinances, building codes, sign codes, rules and regulations of all governmental agencies which have jurisdiction over such matters. ARTICLE 11 Damage by Contractor Contractor shall be liable for and shall repair, replace or cause to be repaired or replaced within fifteen (15) days after occurrence, any damage to the Concession Space, or to City's property, equipment and fixtures (defined in Article 10) caused by Contractor, its board members, officers, agents, employees or anyone acting under its direction and control, ordinary wear and tear excepted. All repairs or replacements shall be made promptly and when necessary and shall be in a quality and of a class at least equal to the original. If the damage for which Contractor is liable is to the Concession Space, Contractor shall continue to be liable for all rent owed for the Concession Space, even if it has been rendered untenantable. ARTICLE 12 Total or Partial Destruction 12.1 Concession Space or Other Maior Component Rendered Untenantable. In case, during the term of this Agreement, the Concession Space, Golf Course or any principal part of ahy one of them shall be destroyed or shall be so damaged by fire, flood, or other casualty so as to be rendered untenantable or unusable as determined by the City: 12.1.1 Then, in such event, at the option of the City or Contractor, the term hereby created shall cease; and this Agreement shall become null and void from the date of such damage or destruction; and Contractor shall immediately surrender the Concession Space and its interest therein to the City; provided, however, that the City or Contractor shall exercise such option to so terminate this Agreement by notice, in writing, delivered to the other party within thirty (30) days after the City's determination of untenantability or unusability. 12.1.2 In the event neither the City nor Contractor shall elect to terminate this Agreement, this Agreement shall continue in full force and effect; and the City shall repair the Concession Space, Clubhouse, or Golf Course excluding improvements or equipment, signs, trade fixtures or other personal property installed by Contractor, with all reasonable speed, placing the same in as good a condition as it was at the time of the damage or destruction. 12.2 Concession Space Only Untenantable. In the event of destruction rendering only the Concession Space untenantable, the City shall endeavor, but not be obligated, to make substitute premises available for Contractor's use. During any period of use by Contractor of such substitute Concession Space, the City may direct that the Contractor's Fee shall be abated proportionately. 12.3 Components Tenantable. If the Concession Space or Golf Course shall be only injured by fire, flood, or the elements to such extent so as not to render the same untenantable and unfit for use and occupancy, the City shall repair the same with all reasonable speed. 12.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction, Contractor shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment and other items of its personal property within five (5) days after request being made by the City. 12.5 Exception for Damage Caused by Contractor. In the event of damage caused by Contractor as more specifically addressed in Article 11 of this Agreement, the provisions of Article 11 shall govern in any conflict between Article 11 and Article 12. 12.6 No Claim by Contractor. No compensation or claim shall be made by or allowed to Contractor by reason of any inconvenience or annoyance arising from the necessity of repairing any portion of the Concession Space or City Park Nine Golf Course, however the necessity may occur. ARTICLE 13 Indemnification and Insurance 13.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever or whatsoever as a result of any operations, works, acts or omissions performed within City Park Nine Golf Course and Concession Space by Contractor, its agents, employees or contractors unless caused or contributed to by the negligence or willful misconduct of the City, its employees, agents or contractors. 13.2 Indemnification. Contractor covenants that it will indemnify and hold the City harmless from all claims, demands, judgments, costs and expenses, including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by any person by reason of injury to or death of any individual person or persons, or by reason of damage to, destruction or loss of use of any property, including City's personnel and City's property, directly or indirectly arising out of, resulting from or occurring in connection with any operations, works, acts or omissions of Contractor. As used herein, the term "Contractor" and "City" includes the respective directors, officers, agents, employees and contractors of Contractor and City. 13.3 Patent Representation. Contractor represents that it is the owner of or is fully authorized to use any and all services, processes, machines, articles, makes, names or slogans used by it in its operation or in any way connected with this Agreement. 13.4 Contractor Insurance. Without limiting any of the Contractor's obligations hereunder, the Contractor shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement with limits specified in Exhibit "J", which is attached hereto and incorporated herein by this reference. 13.5 Precautions Against Injury. The Contractor shall take all necessary precautions in performing the operations hereunder to prevent injury to persons and property. 13.6 Failure to Insure. Failure of Contractor to take out and/or maintain, or the taking out and/or maintenance of any required insurance shall not relieve Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations on Contractor concerning indemnification. ARTICLE 14 No Interest in Real Property Contractor agrees that this Agreement constitutes merely a right to use and occupy the Concession Space for a limited purpose and does not create or convey to Contractor any interest in real property. ARTICLE 15 Assignment The Contractor shall not assign this Agreement, sublet or otherwise allow any person to take possession of all or any portion of the Concession Space without prior written consent of the City nor permit any transfer by operation of law of Contractor's interest created hereby, other than by merger or consolidation unless approved by City. ARTICLE 16 Right of City to Enter, Inspect and Make Repairs 16.1 In General. City and its authorized employees, agents, contractors and other representatives shall have the right (at such times as may be reasonable under the circumstances and with as little interruption to Contractor's operation as is reasonably practicable) to enter upon any part of the Concession Space for the following purposes: 16.1.1 To inspect such premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Contractor has complied with and is complying with the terms and conditions of this Agreement with respect to such premises; 16.1.2 To perform or cause to be performed maintenance and make repairs and replacements: and 16.1.3 To make structural additions and alterations. 16.2 Obstruction by City. All entries made for the purposes enumerated above shall, except as otherwise provided in Article 12, Total or Partial Destruction, be without abatement of rent or damage for inconvenience. However, in the event any entry by City in the Concession Space or the Golf Course for the purpose of making repairs or alterations as provided for in Section 16.1.2 above (other than repairs necessitated as a result of damage by Contractor under Article 11) constitutes a substantial obstruction to and impairment of Contractor's right of use of such facilities, then Contractor shall be entitled to a fair and just abatement of the rent for such premises during the period required by City to make such repairs. 16.3 Obstruction by Contractor. In the event that any personal property of Contractor shall obstruct the access of the City, its officers, employees, agents or contractors, or a utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Contractor shall move such property, as directed by the City or said utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Contractor shall fail to so move such property after direction from the City or said utility company to do so, the City or the utility company may move it without liability for damage sustained in moving. 16.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article, by the City, or others under right of the City, shall not be, nor be construed to be, an eviction of Contractor, nor be made the grounds for any abatement of rental nor any claim or demand for damages against the City, consequential or otherwise, except claims for damages to person or property caused solely by the negligence of the City. ARTICLE 17 Default, Rights of Termination 17.1 Default by Contractor. Time is of the essence in the performance of services and payments of any amounts due under this Agreement. Contractor shall be in default under this Agreement upon the occurrence of any one or more of the following events: 17.1.1 Contractor's failure to pay any fee or other charge when due, or provide acceptable financial reports if requested by the City within five (5) workings days after notice from City of such nonpayment or request. 17.1.2 Contractor's failure to maintain the insurance required in Section 13.4. 17.1.3 Contractor's assignment of any right hereunder in violation of Article 15. 17.1.4 Contractor's failure to perform, keep or observe any of the terms, covenants or conditions of this Agreement within seven (7) days (or such longer time as may be necessary to cure, provided that cure is commenced within the initial seven [7] days) after notice from the City specifying the nature of the deficiency with reasonable particularity and the corrective action that is to be taken within such period to cure the deficiency. 17.1.5 The filing by Contractor of a voluntary petition in bankruptcy, the filing of an involuntary petition in bankruptcy against Contractor, the taking of possession of all or substantially all of Contractor's assets pursuant to proceedings brought under the provisions of any federal reorganization act or the appointment of a receiver of all or substantially all of Contractor's assets and the failure of Contractor to secure the return of such assets and/or the dismissal of such proceeding within thirty (30) days after the filing. 17.1.6 The abandonment for a period of (7) days by Contractor of the conduct of its services and operations. 17.1.7 The assignment by Contractor of its assets for the benefit of creditors. 17.1.8 The death of the Contractor or his/her disability for an aggregate period of two (2) months during any term of this Agreement. 17.1.9 After written notice to the Contractor of any violation of the personal conduct standards set forth in Section 6, above, and a hearing of the matter before the City's Director of Purchasing and Risk Management, if such a hearing has been requested in writing received by the Director of Purchasing and Risk Management within ten (10) days after mailing of written notice of violation, a determination by the Director of Purchasing and Risk Management that the alleged violation has, in fact, occurred, and that such violation materially interferes with Contractor's ability to perform its services hereunder in a manner satisfactory to the City or otherwise impairs the benefits to be derived from the City by this Agreement, including the good will, satisfaction, health and safety of the general public. 17.2 City's Remedies on Default. 17.2.1 In the event of a default by Contractor, the City may terminate this Agreement effective immediately upon provision of written notice of such termination to Contractor. In the alternative, the City may elect to keep the Agreement in force and work with Contractor to cure the default. If this Agreement is terminated, Contractor shall refund to the City that portion of the Golf Services Fee paid by the City pursuant to Section 8.2 proportional to the time remaining in the calendar month at the time of the Contractor's default, and the City shall have the right to take possession of the Concession Space at the time of default. Contractor's liability to City for damages and rent shall survive the termination, and the City may re-enter, take possession of the Concession Space and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 17.2.2 Following re-entry or abandonment, City may make arrangements for use of the Concession Space by others and in that connection may make any suitable alterations or refurbish the Concession Space, but City shall not be required to make such arrangement for any use or purpose. 17.3 Rights and Remedies Reserved. It is understood and agreed that any rights and remedies reserved pursuant to this Article are in addition to any other rights or remedies the City may have pursuant to this Agreement or to applicable law to seek judicial enforcement, damages or any other lawful remedy. ARTICLE 18 Miscellaneous Provisions 18.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy available to the City, or Contractor, at law or in equity, and the exercise of any remedy, or the existence herein of other remedies or indemnities shall not prevent the exercise of any other remedy. 18.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to it by virtue of the breach of any covenant, condition or agreement herein by the other party shall not operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by such other party, nor shall such other party be relieved thereby from its obligations under the terms hereof. 18.3 Non -liability of Individuals Other than Contractor. With the exception of Contractor, no director, officer, agent or employee of either party hereto shall be charged personally or held contractually liable by or to the other party under any term or provision of this Agreement or of any supplement, modification or amendment to this Agreement because of any breach thereof, or because of its or their execution or attempted execution of the same. 18.4 Limitations on Use. Contractor shall not use, or permit the use of the Concession Space, or any part thereof, for any purpose or use other than those authorized by this Agreement. Neither shall Contractor permit nor suffer any disorderly noise or nuisance whatsoever about the Concession Space or City Park Nine Golf Course. 18.5 Governing Law. This Agreement shall be performable and enforceable in Larimer County, Colorado, and shall be construed in accordance with the laws of the State of Colorado. 18.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and Contractor, their successors and assigns, and is not made for the benefit of any third party. 18.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 18.8 Successors and Assigns. All covenants, stipulations and agreements in this Agreement shall extend to and bind each party hereto, its legal representatives, successors and assigns. 18.9 Headings. The titles of the several articles of this Agreement are inserted herein for convenience only, and are not intended and shall not be construed to affect in any manner the terms and provisions hereof, or the interpretation or construction thereof. 18.10 Attorney Fees. In the event any legal action or proceeding is brought to collect sums due or to become due hereunder or any portion thereof or to enforce compliance with this Agreement for failure to observe any of the covenants of this Agreement, the losing party agrees to pay to the prevailing party such sums as the Court may judge reasonable attorneys' fees and costs to be allowed in such action or proceeding and in any appeal therefrom. 18.11 Contract Documents, Entire Agreement. This writing, together with the exhibits hereto, the Request for Proposal 7013 Golf Professional/Concessionaire City Park Nine, instructions, specifications package, representations by the Contractor during the selection interview and/or extension negotiation process, and Contractor's Proposals (including Annual Payment Schedule Statement) constitutes the entire agreement between the parties, their officers, employees, agents and assigns and supersedes all prior agreements, understandings, warranties or promises between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto. 18.12 Severability. In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either City or Contractor in his/her or its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. 18.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier termination as herein provided, Contractor shall remove all of its property from City Park Nine Golf Course and surrender entire possession of its rights at City Park Nine Golf Course to City and its improvements in accordance with Section 11 above, unless this Agreement is renewed or replaced. 18.14 City Representative. The City designates the Director of Parks, of the Culture, Parks, Recreation and Environment Services Unit, as its representative who shall make, within the scope of his/her authority, all necessary and proper decisions with reference to this Agreement. All requests for contract interpretations, amendments and other clarifications or instructions shall be directed to the.City Representative. 18.15 Notices. Notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given upon personal delivery or upon deposit in the United States Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such other address as the parties may designate from time to time by notice given in accordance with this Section: To Contractor: Douglas W. Perry 451 Boardwalk Dr #604 Fort Collins, CO 80525 To the City: Director of Parks City of Fort Collins P.O. Box 580' Fort Collins, Colorado 80522 18.16 Schedules and Exhibits. Whenever reference is made in this Agreement to a Schedule or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule or Exhibit shall be deemed attached to and by this reference incorporated in this Agreement. 18.17 Force Maieure. However, neither the City nor the Contractor shall be deemed in violation of this Agreement if prevented from performing any of its obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, act of public enemy, acts of superior governmental authority, weather conditions, rights, rebellion, sabotage or any other circumstances that are not within its control. 18.18 No Limitation on General Powers Nothing in this Agreement shall be construed as in any way limiting the general powers of the City to fully exercise their governmental functions or their obligations under any bond covenants or federal, state or local laws, rules or regulations. 18.19 No Relationship. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of employer and employee, principal and agent or a partnership or a joint venture between the parties hereto. It is agreed that in the performance of the golf services and concession operation hereunder, the Contractor is an independent contractor responsible to the City only as to the results to be obtained and to the extent that the services and operation shall be done in accordance with the terms of this Agreement. 18.20 Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Contractor and that this Agreement shall be considered as an agreement for his/her personal services. Accordingly, the Contractor shall neither assign any responsibilities nor delegate any duties designated to the Golf Professional/Concessionaire under this Agreement to any other person without the prior written consent of the City: 18.21 Survival. To the extent necessary to carry out all of the terms and provisions hereof, the said terms, obligations and rights set forth herein required shall survive and shall not be affected by the expiration or termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation COt4 O:. By: J es . O'Neill, II, CPPO, FNIGP Di or of Purchasing and Risk Management .'O ATTEST: ' O; C�� City Clerk/ FORM: rney Contractor: /N Douglas W. Perry ARTICLE 4 Contractor's Use of the Concession Space 4.1 In General. Subject to other limitations expressed in this Agreement, the City grants to Contractor the right to exclusive use of the Concession Space and the right to use in common with others the public areas of the Golf Course, in conjunction with its operations under this Agreement, in such spaces and manner as may be prescribed by the City. 4.2 Smoking Prohibited. Pursuant to the Fort Collins City Code, smoking is prohibited in the Concession Space, and no person shall smoke outside within twenty (20) feet from any entrance, passageway, operable window or ventilation system of the Concession Space unless such person is passing through the area, without stopping, en route to another destination. The Contractor shall inform persons violating this provision of the applicable law and request their compliance. 4.3 Restriction on Items Offered for Sale. In no event shall Contractor offer for sale or otherwise supply smoking instruments or tobacco at the Golf Course. 4.4 Compliance with Applicable Law. The Contractor agrees to comply fully with all applicable state and federal laws and regulations and municipal ordinances, as well as all rules, regulations, policies, and procedures adopted by the City or any of its Boards, Service Areas, Service Units, Divisions or Departments having jurisdiction over the Golf Course. ARTICLE 5 Rights of Ingress and Egress 5.1 In General. The Contractor shall have the right of ingress and egress to and from the Concession Space for Contractor's employees, agents and invitees to the extent reasonably necessary in connection with the conduct of Contractor's business under this Agreement. Areas designated as restricted areas by the City shall be excluded. 5.2 Closures. The City may, at any time, temporarily or permanently, close or consent to or request the closing of any roadway or any other way at, in or near the Golf Course, presently or hereafter used as such, so long as reasonable and safe means of ingress and egress remains available to Contractor. ARTICLE 6 Undertakings of Contractor 6.1 Service. Contractor agrees: 6.1.1 The Contractor shall furnish and pay for all equipment, except as otherwise provided by the City pursuant to Article 10, all goods, labor, transportation, supervision and services necessary to provide services in accordance with this Agreement. 6.1.2 Contractor acknowledges the desire and obligation of the City to provide a high level of service to the public. Therefore, Contractor agrees to offer for sale EXHIBIT A SCOPE OF GOLF SERVICES A. Contractor In General . 1. Management and scheduling of the golf course operations at the City Park Nine Golf Course, including but not limited to, the general management of play on the course and driving range, course monitoring (ranger/marshal functions), preparation, return inspection, and rental of City -provided golf carts, golf lessons/instruction, golf club repair and rentals, tournament and league coordination, and overall use and management of the clubhouse, including the daily cleaning of all outside entrance areas and cleanliness of the clubhouse. 2. Timely collection and accounting of City green fees, punch cards, annual pass fees, gift certificates, tournament fees, golf cart rental or use fees, surcharges, employee or volunteer charge fee, City building rentals, and other such fees in the amounts set by the City. 3. Cleaning and daily preparation for customers of City -provided golf carts, including the daily cleaning of the golf cart staging area. 4. Provision of starters, assistant golf professionals, course monitors (marshals/rangers), janitors, cashiers and other personnel as necessary to facilitate full and efficient use of the course and other activities at the City Park Nine Golf Course. B. Golf Professional 1. The Contractor shall devote his/her full time and attention as the primary golf professional for the City Park Nine Golf Course during the entire calendar year. Upon submitting a written request at least three (3) days in advance and receiving the City's consent, he/she may take up to a total of fourteen (14) vacation days annually, and may be away from the golf course for the purpose of participating in tournament play or other golf -related activities, i.e., schools, seminars and demonstrations, to maintain and/or improve professional status for up to a total of sixteen (16) additional days annually. 2. The Contractor shall serve as the primary monitor (marshall/ranger) at the City Park Nine Golf Course. EXHIBIT B SCOPE OF PRO SHOP AND DRIVING RANGE SERVICES Pro Shop and Drivina Ranae. A. The Contractor shall operate a golf pro shop in the clubhouse which shall stock a variety of golfing equipment (for sale and rent), supplies and related merchandise in sufficient quantity to meet the demands of customers of the golf course. B. The Contractor shall provide all merchandise and display fixtures, stock, supplies and inventory for the shop. C. The Contractor shall operate the existing driving range, such operation to include making equipment and range balls available for use. D. The Contractor may retrieve and own any abandonded golf balls in the irrigation ditches at City Park Nine Golf Course. II. Merchandise Quality, Price Control. Contractor acknowledges the desire and obligation of City to provide the public and the golfer high quality merchandise and a high level of public service. Therefore, Contractor agrees to offer for sale from the clubhouse only high quality merchandise at prices not to exceed the prices customarily charged for similar merchandise in high quality Fort Collins area operations. If, in the opinion of the City, the selection of items offered is inadequate, if the merchandise is not of high quality, if any of the prices, charges and rates are excessive, or if any of the items are found to be objectionable for display and/or sale in a public facility, a representative of the City shall meet and confer with Contractor regarding such matters, but Contractor acknowledges that the City's determination as to same shall be conclusive. Failure of Contractor to correct, rectify or modify its prices or quality within five (5) days of being advised in writing to do so shall be cause for default. Contractor shall not offer for sale gift certificates, vouchers, punch cards, or other similar services, except to the extent the same are restricted and limited in duration to the term of the Agreement. III. Fees. All fees and other income received through the operation of the pro shop, the sale of merchandise, golf lessons/instruction, Tournament Service Fees, golf club repair, and the rental of equipment owned by the Contractor and the use of the driving range shall be retained by Contractor. IV. Use of the Clubhouse. The Contractor shall use any and all parts of the clubhouse and designated areas of the golf cart storage building, hereinafter collectively referred to as "clubhouse," for the purpose of operating the concessions and for other incidental purposes only. The clubhouse shall not be used for any other purpose without the prior written consent of City. V. Maintenance and Repairs. A. The City shall be responsible to maintain and repair the interior and exterior of the clubhouse. The City shall not in any way be liable to the Contractor for failure to make repairs unless the Contractor has previously notified the City in writing of a need for such repairs, and the City has failed to commence and complete said repairs within a reasonable period of time following receipt of the notification. B. The Contractor shall be liable for and shall reimburse the City for the cost of any repairs or damage caused by any act or negligence of the Contractor or its agents or employees. C. The Contractor shall secure the retail pro shop area and shall provide janitorial services to that area, keeping it clean and in good sanitary condition as required by the ordinances, regulations and statutes of the City of Fort Collins, County of Larimer and State of Colorado. D. The Contractor shall neither hold nor attempt to hold the City liable for any injury or damage, either proximate or remote, occasioned through or caused by defective electrical wiring or the breaking or stoppage of plumbing or sewage in or upon the clubhouse, whether said breakage or stoppage results from freezing or otherwise. E. The Contractor shall not permit nor suffer the clubhouse or the walls thereof to be endangered by overloadings nor permit it to be used for any purpose which would render the insurance thereon void or insurance risks more hazardous without prior written consent of the City, which consent may be conditioned upon the Contractor obtaining additional specific insurance coverage for such more hazardous risks. VI. Alterations and Improvements. A. All alterations, additions, improvements or changes to the clubhouse by the Contractor subsequent to the commencement of the term shall be subject to the prior written approval of the City. B. The City reserves the right, from time to time (without invalidating or modifying this Agreement), to make alterations, changes and additions to the land and improvements of which the clubhouse forms a part. C. The Contractor hereby indemnifies and agrees to hold the City harmless from all liens, claims or charges on account of any alterations, additions, improvements or changes to the clubhouse by Contractor. D. At the end of the term of this Agreement, all fixtures, equipment, additions and alterations, except trade fixtures installed by the Contractor, shall be and remain the property of the City. Provided, however, the City shall have the option to require the Contractor to remove any or all such fixtures, equipment, additions and alterations and restore the clubhouse to the condition that existed immediately prior to such change and installation, normal wear and tear excepted, all at the Contractor's cost and expense. All such work shall be done in a good and workmanlike manner and shall consist of new materials unless otherwise agreed to by the City. VII. Utilities. The City shall pay all charges for water, sewer, gas, trash collection, recycling, basic clubhouse security alarm system, telephone and electric services to the clubhouse; except; however, that the Contractor shall reimburse the City on a monthly basis for all long distance and two-thirds of all cell phones and local telephone charges accruing as a result of calls by Contractor, its agents and employees. The Contractor shall fully pay for any and all cable or satellite television services provided in the Clubhouse, or expanded security services. VIII. Credit Card Billinq System. The City and the bank handling the City's banking services will allow the Contractor to use the City's credit card billing system for the collection of all City fees and charges, as well as for specified Golf Professional/Concession fees, with the Contractor paying for their share of said service, and at the rate established by the City. EXHIBIT C SCOPE OF SNACK BAR CONCESSION SERVICES As of the date of the Agreement, the City understands that the Contractor will provide minimum food and beverage services at City Park Nine Golf Course, which may include vending machines for soft drinks, self-service coolers, coffee, candy, chips, cold sandwiches, and the sale of all approved liquor products; and the operation of a food and beverage cart to serve these products on the course from at least April through September when a sufficient number of customers are golfing. City owned or city leased golf carts shall not be used for this purpose unless approved by the City. In addition, the Contractor may utilize catering companies to come in for special events, or authorized private parties using City Park Nine Golf Course to utilize catering companies for their special events at the Course. Catering and/or banquet services operated out of the Clubhouse are also a possibility. It is the desire of the City and the Contractor that during the term of this Agreement the possibility exists that City Park Nine Golf Course could support a full -service, full-time snack bar, provided, however, that the City and/or Contractor brings the kitchen up to Code (including adding a grill, hood, and proper refrigeration and sinks as per Health Codes). If these improvements are made, the Contractor may re -open the snack bar full-time during the peak season and part-time during special events throughout the balance- of the year, as may be appropriate. The Contractor may utilize all of the City -owned Inventory of Snack Bar/Restaurant Equipment noted in Exhibit "H" consisting of one page and incorporated herein by this reference ("City - owned Inventory"). EXHIBIT- D. City ofFort Collins Cultural, Library, and Recreational Services Golf Division Poiiiq-. Contractor Personnel Conduct and Demeanor, and Bacivuund Swing for Positions Of Dust Utxier the twns and conditions of each respective Contractor's Aft with the Qty, all Golf Profs and Restamaut awk Bar Conoessiozakes shall control the conduct and deareanor of their emooyms, volunteers, and other repo afttrm or agents of tre .Conhactor that vn'H be wvd ft an behalf of lice Contractor in providing sots = to the City. ' 'IbC Contractor agrees to provide to the City at all times a cuuent list of employees, vohurtoas, and other npvsmWivw or agents of Conuactoar that wiU be vroddog on boh olf of dre Contractor in pwvidmg savioes *&v City under their Agreement, and that all such employees, volunteers, and odrer reFrwvnWm or agents of Conknotor agree to adhem to the of Penond Conded and Pam." Cowraotors and the City also hereby ac wvdedgu3 and agree Obat certain seavioes provided by the Cagmotor will require that specified caployws, voludeeas, and other rapt vies or agues of dre for act in 'positions of trust* which eau fimbu a 60 handing of and/or Wguntmg for feuds of tre City and/or of City p r%wty, or ditW contact vrRh you& and mewbeas of to genetal per. Aomdwgly, each Con bactor agrees that all - spooifiod employees, voludDets, or other rives or agents of Caoactor in PoMons. of hest dmll be =veaedPury d at the tense of the Couttuaw using -do City s ooahacted backpan,d iavestiga6ion pt000dw . as dw wibed in each respective contractor's Agrees and that die results of such badpou id wreoni*rjnvesftation don be provided to do City Prior to mw sack Persons Patic4ation in do provision of servicep, as described in each regnotive Coact ift Agreeao tmt Each Contractor shall regoim Tire completion and ccation of the Dbvk aivw form for all specified employees, volunteers, and other'rgxcsenfat m or agents of Coate. The Vmpow of trio fomn is to prmmnda the necarssary mhos ion about an aq hcaut and lion to review confidential in1mution for a cornpleto and thorough badVoaod wwoniqfinvestigation. The Contractor shall provide to all said. employees, volantow, and odrer ropmeetatim or agents a Summary of Rights =Aff the Fair (editRq rftAct. The background w4vmdmg/mves4pion shall Molade, but is not necessarily limited to, oiraCkM attests atui/or ootmiCdM records, driving records, audit history, education, Previous employment and volunteer work and other records as may be app vFdaUa, and refs, including ro yie w of any recor& of information available to the City as a rennit of past employment or contractual rolgfiDwhip the employee, volunteer, or other reprosentative or agent has had wi@r the Contractor or do t Sty. The City will provide assistance hn eomgletWg the background Kfwastigadon, Wig providing the completed diseloseme form to an outside vmrdor for a confidential records check: Caractor acknmde,4w that by pmvi ft such assistan oe duo City assumes no respondbMW for dre timeline, aoctuacy or completeness of the background investigation, or for the tired or induce cqnsegaenow remIting from the same, and the Contractor shall hold the City h m nless for OW injury or loss tesdit dw eftom. page 1 of 2 The Cankadar doff molar Job aids and rcqmmWq ampacaft bred tq= and ion amsk eration of do bwkgwand mr an, and simil not pema any person to petfom v9 pcadon for which such pamn's characbr or saitablhity are reasonaNy in question based vpOft do bEcanation obtained in coma ion with a baakVouad The CRY may. in its d ObJQd to MW awmanacaft of Coukador Pa wonei to posft s of trust, as based do baolcg owd McwWwreSOP60M In the end 69 Mamration fitimn the rapod is uffmd m Whole or in part in an adverse Vision wA ragaid to poll elates, before rho advease decisioaq, do Chy wdf motto provide Coarador with a cow of dmc r wwvdmiw histwy. Specified amployeos, v+QlaudwM sud other rqcwmtmfnw or apt& of C mtraot a idaotified at Ob time to bo in poshiow of f ust shalt include, but are wt aeaassa ft l wAW %all top w*tw&, area or section nanagem hearts ptovidcc& pawmal tbat dhacdy handy sudfor-aommt far My fiords; and those posifioas dud can wok havidnHy widt yovm of amber of Go gc=4 pvUk gptrador Process for ObbduWz DwIr ;rotmd Infonw ion 1. Oam an mnplayots volantao4 odor rqnantavv cc agent has boon sodeotod by the Com mow, do amploM whaftm odw apmwddm or qpd (qp&=* dog comoft do bwJ*wwO wraarwMMgMdw loan, whkh is Ow 'Dimtlosuro to Prospo*m B"IoyvM •Vclaftw4 or Other Rgx+awtWines or Agents of Codmct ri Am of a aonsamWReport. Crnetua�ga�all;�rY•-" 2. wbon the emoplaM Yoluateor, other repcesanditi" of agent (appficwt) has completed and Ott fpay dm Cvuuador" idtial and daft to bottom of do forms, .giving go bottom copy of the form to the applicant. The Couh*dw shall also give to &a applicant at this liana a vm nnaty ofWm berrigbds under rho fvdoral Fan QtM Rgmft Act. The Fair tin M Repoer ft Act ulso•ingmw roquimucaft.and psowdarosrtlatod to =W adverse deaisioosbased Vw cata t infownfion.. 3. Tho C�otmraobor bNP one copy of duo farm and forwards 90 oaginal sig W oepy ofthe foan to the t3olfDivishon A�dmhr�Gvo offoa b order to e:podtte the processing titian, the Cw taotot my also FAX a copy or bang the o l&d Dopy of the foam to the Qoif Division AdmW traGre Aida Once the A iT- Aide. antes the foam h1bo oattion hftld a compater•, it tdoa duee to four daps % a r the aty's. cd bid asj F P OWSUMS*Gm film to parfoun 6* stroke. 4..Bom= of tht lap number of appficants being sarvaned using this similarprocess, date shall be no aoii toahM to 60 CoUbactor Ideas an applisnat molts W a nCgdiVO rgXUt witldn four days of rho tiara 9 the wive Aide eatcas do in fion into the computes: 7buvfa w% the appacw t way begun awkn umt for the ConUadar after four days =dM the Conuattor is notified otherwise BDwtva, be avtam that it is possible that wo mould reocivt a negative report aft four days, and we wig have to address dw a3t on at that *w JPB 03.22.01 page 2 of 2 EXHIBIT E 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 malting an adverse decision with regard to your potential employment/vol mteer/representative/agent status, before making the adverse decision, the City and the Contractor will attempt to provide you and the Contractor with a copy of the consumer report/criminal history and a description in writing of your rights under the Federal Fair Credit Reporting Act The Fair Credit Reporting Act gives you specific rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document. By your signature below, you hereby authorize us to obtain a consumer report and/or an investigative report about you in order to consider your status as a prospective employee, volunteer, or other representative or agent for the Contractor. Applicant's Name: (Please Prim) First Middle Last Signature: Date of Birth: Applicant's Address: City/State/Zip; Driver's License #• Social Security #• Signature of Parent or Guardian (if applicant is under the age of 19): Other Names Used in the Last Seven (7) Years: Previous Out -of -State Address(es) in the Past Seven (7) Years: 1. Address City County State Zip 2. Address City County State Zip Please list any additional addresses on the back of this page. Contractor's Initials: Date: City Staff Initials: Date: EXHIBIT F (page 1 of2) A Summary of Your Rights Under the Fair Credit Reporting Act The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA). Most CRAB are credit butmus that gather and sell information about you — such as if you pay your bills on time or have filed bankruptcy — to creditors, employers, landlords, and other businesses. You can find the complete text of the FCRA,15 U.S.C. §11681-1681u. The FCRA gives you specific rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights. • You must be told if information in your file has been used against you. Anyone who uses information from a CIA to take action against you — such as denying an application for credit, insurance, or employment — must tell you, and give you the name, address, and phone number of the CRA that provided the consumer report. • You can find out what is in your rite. At your request, a CRA must give you the information in your fill, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that(]) you are unemployed and plan to seek employment within 60 days,. (2) you are on welfare or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars. • You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information. the CIA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs — to which it has provided the data — of any error.) The CRA must give ,you a written report of the investigation, and a copy of your report if the investigation results in any change. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. if an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change. • Inaccurate information must be corrected or deleted A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your Me unless It is outdated (as described below) or cannot be verified. If your dispute results in any change to your report, the CPA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition. the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source. • You can dispute inaccurate items with the source of the information. If you tell anyone — such as a creditor who reports to a CRA — that you dispute an item, they may not then report the information to a CRA without inc!uding a notice of your dispute. In addition. once you've notified the source of the error in writing, it may not'continue to re;ot the information if it is, in fact, an error. • Outdated information may not be reported. in most cases. a CIA may not report negative information that is more than seven years old: ten years for banlauptcies. • Access to your file is limited. ?, CRA may provide information about you only to people with a need recognized by the FCRA — usually to consider an application with a creditor. insurer, employer, landlord or EXHIBIT F (page 2 of 2) other business. Your consent is required for reports that are provided to employers, or reports that contain medical information. A CRA may not give out information about you to your employer, or prospective employer, without your written consent A CRA may not report medical information about you to creditors, histuers, or employers without your permission. • You may choose to exclude your name from CRA lists for unsolicited credit and insurance offers. Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll -free phone number for you to tali if you want your name and address removed from future lists. If you call, you must be kept off the lists for two years. if you tegm% complete, and return the CRA form provided for this purpose, you must be taken off the lists indefinitely. • You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data, violates the FCRA, you may sue them in state or federal court The FCRA gives several different federal agencies authority to enforce the FCRA: FOR QUESTIONS OR CONCERNS REGARDING PLEASE CONTACT CRAB, creditors and others not listed below Federal Trade Commission Consumer Response Center- FCRA Washington, DC 20580 * 202-326-3761 National batiks, federal branches/agencies of foreign Office of the Comptroller of the Currency banks (word "National" or initials "N.A." appear in or Compliance Management, Mail Stop 6-6 after bank's name) Washington, DC 20219.800-613-6743 Federal Reserve System member banks (except national Federal Reserve Board banks, and federal braochestagencies of foreign banks) Division of Consumer & Community Affairs Washington, DC 20551 * 202-452-3693 Savings associations and federally chartered savings banks (word "Federal" or initials "F.S.B." appear in federal institution's name) Federal credit unions (words "Federal Credit Union" appear in institution's name) State -chartered banks that are not members of the Federal Reserve System Office of Thrift Supervision Consumer Programs Washington D.C. 20552* 800- 842-6929 National Credit Union Administration 1775 Duke Street Alexandria, VA 22314 * 703-518-6360 Federal Deposit Insurance Corporation Division of Compliance & Consumer Affairs Washington, DC 20429 * 800-934-FDIC Air, surface, or rail common carriers regulated by Department of Transportation former Civil Aeronautics Board or interstate Commerce Office of Financial Management Commission Washington. DC 20590 * 202-366-1306 Activities subject to the Packers and Stockyards Act, Depament of Agriculture 1921 Office of Deputy Administrator-GIPSA Washington, DC 20250 . 202-1-0-7051 from the Concession Space only high quality food and beverages and other appropriate merchandise and products. If, in the opinion of the City, the selection of items offered is inadequate or not of high quality or if any of the items are found to be objectionable for display and/or. sale in a public facility, the items shall be removed or replaced as required by the City. The City Representative shall meet and confer with Contractor regarding such matters. However, Contractor acknowledges that the City's determination as to the same shall be conclusive. Failure of Contractor to correct, rectify or modify its quality within five (5) days of being advised in writing to do so shall be cause for default. 6.1.3 Contractor warrants that all Golf Services and related responsibilities performed under this Agreement shall be performed with the highest degree of competence and care and in accordance with the highest modern professional golfing and management standards in leading golf clubs and golf courses. 6.2 Hours of Operation. Subject to the exception for inclement weather expressed below, the Contractor will be required to provide services under this Agreement as follows: A. During the months of April, May, June, July, August and September, from at least 6:00 A.M. through sundown (or later if golfers remain on the course); B. During the months of October, November, December, January, February and March, from. at least 8:00 A.M. to sundown (or later if golfers remain on the course); C. Exceptions to the daily schedule may be made, subject to the consent of the City, if closing is dictated by weather and/or course play. 6.3 Special Events Option. Contractor shall have the option, upon request by the City, 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 Contractor elects not to provide such services, the City may make use of the Concession Space to provide food and beverage services through other means, provided, however, that the City will make reasonable efforts to minimize the disruption to Contractor's operations that may result. 6.4 Contractor Personnel. Contractor shall control the conduct and demeanor of its agents and employees. If the City so requests, Contractor agrees to supply and require its employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form for which shall be subject to prior and continuing approval of the City. 6.4.1 The contractor agrees to provide to the City at all times a current list of employees, volunteers, and other representatives or agents of Contractor that will be working on behalf of the Contractor in providing services to the City under this Agreement. The Contractor and the City acknowledge and agree that certain services provided by Contractor will require that employees, volunteers, and other representatives or agents of the Contractor 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 EXHIBIT G Intentionally left Blank EXHIBIT H CITY -OWNED INVENTORY CITY PARK NINE CLUBHOUSE AND SNACK BAR/RESTAURANT EQUIPMENT NORTHLAND REFRIGERATOR SLICER HOT DOG MACHINE ICE MACHINE SHARP MICROWAVE FREEZER ALL TABLES, CHAIRS AND PICTURES IN THE CLUBROOM (EXCEPT FOR THE COUCH, LOVESEAT, THREE (3) END TBLES, AND SURROUND SOUND STEREO CONVECTION OVEN AND STAND Cash register, Credit Card Machine, and Computer in Pro Shop Sony Mega 36" Flat Screen Television Sony Mega 30" Flat Screen Television Phillips 27" Flat Screen Television Mitsubishi Television EXHIBIT I CONTRACTOR -PROVIDED PERSONAL PROPERTY (TO BE PROVIDED NO LATER THAN MAY 31, 2009) EXHIBIT J INSURANCE LIMITS $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 EXHIBIT K AFFIDAVIT PURSUANT TO CKS. 24-76.5-103 I, Ov JA! lerr , swear or affirm under penalty of perjury under the laws of the State o olorado that check one): 7I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. INTERNAL USE ONLY Valid forms of identification ❑ ---current Colorado driver's license, minor driver's license, probationary driver's license, commercial driver's license, restricted driver's license, instruction permit ❑ ---current Colorado identification card ❑---U.S. military card or dependent identification card ❑---U.S. coast guard merchant mariner card ❑ ---Native American tribal document The following forms of identification may be accepted through February 28, 2007* ❑ ---original birth certificate from any state of the United States ❑ ---certificate verifying naturalized status by U.S. with photo and raised seal ❑ ---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport ❑ ---order of adoption by a U.S. court with seal of certification ❑ ---valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL, MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI ❑ ---valid immigration documents demonstrating lawful presence,. e.g., current foreign passport with current I-551 stamp or visa, current foreign passport with I-94, I-94 with asylum status, unexpired Resident Alien card, Permanent Resident card or Employment Authorization card *A waiver may be available where no identification exists or can be obtained due to a medical condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's license. Contact your department director. (W— P to 8Aru a 141 j� c /W E,J'S 6?,4TtI /Zoom p �SPl-,AY a Lig1/0A- .STORAGE P2o's 61AHC,r �EP14be SyovAv—T,ol:� /2 ,C'AJ-r I 0 0 11 youth and members of the general public. Accordingly, Contractor agrees that all employees, volunteers, and other representatives or agents of the Contractor in positions of trust, as described in Exhibit "D", consisting of two (2) pages and incorporated herein by this reference, shall be screened using the background screening procedure described in Exhibit "D", at the Contractor's Expense, and that the results of such background screening shall be provided to the City prior to any such persons participation in the provision of services hereunder. The Contractor shall require the completion and execution of the Disclosure/Request, Authorization, and Waiver form attached hereto as Exhibit "E", consisting of one (1) page and incorporated herein by this reference, and shall provide to the employee/volunteer a Summary of Rights under the Fair Credit Reporting Act included as part of Exhibit "F", as attached hereto consisting of two (2) pages and incorporated herein by this reference. 6.4.2 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. Contractor acknowledges that in such event, by providing such assistance to Contractor, the City assumes no responsibility for the timeliness, accuracy or completeness of the background investigation, or for the direct or indirect consequences resulting from the same, and Contractor shall hold the City harmless for any injury or loss resulting therefrom. 6.4.3 In the event that a background check, or any other information available to the Contractor or the City, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competency or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed or allowed to volunteer in connection with the services or activities required or permitted under this Agreement, or in a manner that would permit contact by that person with the funds, equipment, property associated with the provision of services hereunder, or persons participating in programs or services provided under this Agreement. 6.4.4 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 Contractor, the Contractor shall immediately take all lawful steps to remove or otherwise address to the City's reasonable satisfaction the cause of the objection or to remove such individual from the performance of any services provided hereunder. 6.4.5 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 Contractor's ability to provide satisfactory services under this Agreement, and may also give rise to a reasonable objection by the City to which Contractor shall be expected to respond as set forth herein. In the event the Contractor, or the individual Golf Professional/Concessionaire, if different from Contractor, commits any of the following examples of unacceptable conduct, or fails or refuses to take reasonable action to correct such conduct by any person providing services for or on behalf of Contractor hereunder, the City may give Contractor notice of violation and proceed in the manner as set forth in Section 17.1.9. A. Commission or conviction of a felony, or of any crime involving moral turpitude; B. Theft or misuse of City money or property; C. Harassment of, or discrimination against, any individual based on race, religion, national origin, age, sex, sexual orientation or disability; D. Falsification, unauthorized use or destruction of City records, reports or other data or information belonging to the City; E. Abusive or threatening treatment of any person, including, but not limited to physical or verbal confrontation; 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. 6.5. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8- 17.5-101, C.R.S., et. seq., Contractor represents and agrees that: 6.5.1. As of the date of this Agreement: A. Contractor does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and B. Contractor 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. 6.5.2. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. 6.5.3. Contractor 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. 6.5.4. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: A. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6.5.5. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5- 102 (5), C.R.S. 6.5.6. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. 6.5.7. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 6.6 Statements. Recordkeeping and Audits. Contractor shall keep books and records of the business, including an accounting of all revenue and expenses of the concession operation, in accordance with good accounting practice and in such form as is satisfactory to the City. The Contractor hereby grants to the City the right to audit Contractor's books and records for its operation at the Golf Course and agrees to make available to the City, or its authorized representative, at any time, Monday through Friday inclusive, between the hours of 9:00 a.m. and 5:00 p.m., at the offices of the City or the Golf Course, at the City's election, all records, books and relevant related information as may be required for audit purposes. 6.7 Physical Interference. Contractor shall not do, nor permit to be done, anything which may interfere with the effectiveness or accessibility of the drainage system, sewerage system, fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if any, installed or located in the Concession Area or elsewhere at the Golf Course. 6.8 Taxes. Contractor agrees to pay all local, state and federal social security, unemployment insurance, sales, use, personal property, possessory interest, and other taxes, assessments and payments -in -lieu which, during the term of this Agreement or any extension hereof, may become a lien of which may be levied or charged by the State, County, City of Fort Collins or other tax -levying body upon or with respect to the Concession Space or the Golf Course, upon any taxable interest acquired by the Contractor in this Agreement, or any taxable possessory right which Contractor may have in or to the Concession Space or facilities or the improvements thereon, by reason of Contractor's occupancy or use thereof, or otherwise, as well as all taxes on taxable property, real or personal, owned by Contractor or taxes on Contractor's operations or activities in or about the Concession Space or elsewhere at City Park Nine Golf Course. However, except as otherwise permitted by this Agreement, no charges, fees or taxes of any nature shall be imposed by the City solely upon Contractor for exercising any right or privilege granted by the City to Contractor in this Agreement with respect to the use of the Concession Space. Nothing herein shall prevent Contractor from protesting, through due process, any taxes levied. 6.9 Licenses. Contractor 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 City Optional Premise Liquor License, and a City business license and/or occupation license. 6.9.1 Any such licenses held by the Contractor in connection with this Agreement shall be surrendered by the Contractor upon termination of this Agreement. 6.9.2 Upon Contractor's surrender of all licenses and acquisition of new licenses by such replacement Contractor as the City may select, the City shall reimburse Contractor for such proportional amount of the cost of the license as may be attributable to any remaining period which may exist from the date of Contractor's surrender to license expiration. 6.9.3 For the purpose of the Optional Premise Liquor License, the "premises" shall be defined to include the Concession Space and adjacent outdoor patio, and the entire golf course grounds of City Park Nine Golf Course. ARTICLE 7 Term 7.1 Period. The term of this Agreement shall commence on March 1, 2009, and unless terminated sooner, shall expire on December 31, 2009. 7.2 Renewal -- 2010. This Agreement shall be automatically renewed for a period from January 1, 2010, until December 31, 2010, unless the Contractor is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2009. 7.3 Renewal -- 2011. This Agreement shall be automatically renewed for a period from January 1, 2011 until December 31, 2011, unless the Contractor is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2010. 7.4 Renewal -- 2012. This Agreement shall be automatically renewed for a period from January 1, 2012, until December 31, 2012, unless the Contractor is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2011. 7.5 Renewal -- 2013. This Agreement shall be period from January 1, 2013, until December 31, 2013, unless unless one party serves written notice to the other party of Agreement, provided such written notice must be served at I December 31, 2012. automatically renewed for a the Contractor is in default or its intention to terminate the :ast ninety (90) days prior to 7.6 Extension. This Agreement may be extended beyond the original five (5) year term if performance is satisfactory and subject to City Council approval and negotiation of a mutually acceptable extension agreement. 7.7 Holding Over. In the event that the Contractor, or its successor in interest, if any, shall remain beyond the term set forth herein, although no right to remain is given by this Article, it is the intention of the parties and it is hereby agreed that a right of use from_ month -to -month shall then arise subject to all provisions and conditions of this Agreement in connection with such right, except that the City shall have the sole right to determine reasonable fees for any holdover period. ARTICLE 8 Fee For Services/Fee For Conducting Business 8.1 Golf Services Receipts. Contractor shall retain all fees received from the provision of golf lessons and instruction. 8.2 Golf Services Fee. As payment for performance of Golf Services, the City shall pay to Contractor the sum of $44,000 prorated for 10 months in 2009; $45,760 in 2010; $47,590 in 2011; $49,494 in 2012; and $51,474 in 2013; to be paid in monthly amounts at the beginning of each month in advance; provided, however, that the parties may agree to an alternate payment schedule. 8.3 Golf Shop Concession Fee. For the privilege of conducting the concession operations hereunder, and the exclusive use of the Concession Space, the Contractor shall pay to the City: in 2009 $3,500 as an in -kind contribution for a new concrete pad for the practice range. In all years, Contractor will donate a City Junior Pass. In all years Contractor will donate $500 towards clubhouse landscaping/beautification projects. 8.4 Food and Beverage Concession Fee. 2010-2013: $300/month for lease of concession space 8.5 Driving Range Payments. 30% of driving range revenues over $50,000. 8.6 Time of Payments. The Contractor shall pay the Concession Fee on a monthly basis but, in no event, later than fifteen (15) days after the first day of the next month. The Contractor shall pay other fees on a schedule to be negotiated. 8.7 Interest on Past Due Amounts. Contractor shall pay interest on all past due amounts at the rate of eighteen percent (18%) per annum from the due date, until paid. 8.8 Method of Payment. Payment for all fees under Article 8 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 Finance Department at 215 N. Mason St, P.O Box 580, Fort Collins, Colorado, 80522. ARTICLE 9 Utilities, Maintenance and Janitorial Duties 9.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash collection, recycling, basic clubhouse security system services, telephone, and electric services to the Concession Space; except, however, that the Contractor shall reimburse the City on a monthly basis for all long distance and two-thirds (2/3) of all cell phones and local telephone charges accruing as a result of calls attributable to the telephone lines located in the Concession Space or otherwise made by Contractor, its agents and employees. The contractor shall pay for any Pro Shop televisions, cable or satellite services, or expanded security services. Concessionaire is responsible for any cable/satellite TV charges. 9.2 Maintenance and Repair. The City shall maintain and repair the Concession Space and City equipment and fixtures (defined in Article 10). Contractor shall submit all requests for repairs or maintenance to the City Representative. Notwithstanding anything to the contrary contained herein, the City shall not in any way be liable to the Contractor for failure to make repairs as herein specifically required of it unless the Contractor has previously notified the City in writing of a need for such repairs, and the City has failed to commence and complete said repairs within a reasonable period of time following receipt of the Contractor's written notification. 9.2.1 The Contractor shall neither hold nor attempt to hold the City liable for any injury or damage, either approximate or remote, occasioned through or caused by defective electrical wiring or the breaking or stoppage of plumbing or sewage upon the Concession Space, whether said breakage or stoppage results from freezing or otherwise. 9.3 Cleaning and Janitorial. The Contractor shall keep the Concession Space and its fixtures clean and in good sanitary condition as required by the ordinances, resolutions, policies, statutes, and health, sanitary and police regulations of the City of Fort Collins, County of Larimer, and State of Colorado. 9.3.1 Contractor shall thoroughly clean the entire Concession Space, including all equipment and fixtures, whether provided by the City or Contractor, and the windows floors, counters, refrigerators and all coils at least once prior to, once during and a third' time after the close of the April through September golf season.