HomeMy WebLinkAboutRFP - 7013 CITY PARK NINE GOLF PROFESSIONAL AND CONCESSIONAIRECity
Financial Services
Of
Purchasing Division
N. Mason St. 2"d Floor
F6rt
'
Collins215
PO Box 580
Fort Collins, CO 80522
970.221.6775
u l'C�as�g-
970.221.6707
fcgov.com/Purchasing
REQUEST FOR PROPOSAL
7013 City Park Nine Golf Professional/Concessionaire
The City of Fort Collins is hereby requesting proposals for a contractual Golf Professional/
Concessionaire to manage and supervise the golf scheduling of play, driving range, pro shop
functions, and food and beverage concessions at City Park Nine Golf Course, 411 South Bryan
Avenue, Fort Collins, CO 80521 for the remainder of the year 2009 with annual renewal options
for the years 2010 through 2013; with a extension of the original five-year term for up to five
additional years if performance is satisfactory and subject to City Council approval.
Written proposals, seven (7) 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
10:00 a.m. (our clock), February 13, 2009. Proposal No. 7013 City Park Nine Golf Professional/
Concessionaire. If delivered, they are to be sent to 215 North Mason Street, 2nd 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) 221-6660.
Questions regarding proposals submittal or process should be directed to James B. O'Neill, II,
CPPO, FNIGP, (970) 221-6775.
Completion of our written proposal questionnaire and annual payment schedule statement
to/from the City shall accompany any proposal to be considered properly executed.
There will be a pre -proposal meeting on February 4, 2009, at 1:30 P.M. at the City Park Nine
Golf Course Clubhouse, 411 South Bryan Avenue, Fort Collins, CO 80521 to inspect the
premises and answer any questions which may arise.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal from the BuySpeed Webpage,
www.fcgov.com/eprocurement
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
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.
rev 01/08
7. The Golf Professional/Concessionaire shall be responsible for charging, collecting, and
accounting for all City fees, including green fees, punch card fees, annual passes, gift
cards, tournament reservation fees, City golf cart rentals, private golf cart usage fees,
surcharges, tournament fees, other reservation fees, etc., on behalf of the City, and remit
said City funds in full to the City on a daily basis.
8. The Golf Professional/Concessionaire agrees to keep and maintain proper business
records as determined by the City concerning every aspect of the Golf
Professional/Concessionaire golf operations and employee management, including cash
register tapes, computer reports/records, expenses and receipts, etc. All records, including
Income Tax records, are to be open for inspection and audit by the City at anytime. -
9. The Golf Professional/Concessionaire shall control the conduct and demeanor of its agents
and employees. Upon objection from the City concerning conduct or demeanor of any
such person, the Golf Professional/Concessionaire shall immediately take all lawful steps to
address or remove the cause of the objection. Also, if the City so requests, the Golf
Professional/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.
10. The Golf Professional/Concessionaire acknowledges and agrees that certain services
provided by the Golf Professional/Concessionaire will require that employees, agents, and
volunteers of the Golf Professional/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 Golf
Professional/Concessionaire agrees that all employees, volunteers, and other
representatives or agents of the Golf Professional/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 Golf
Professional/Concessionaire.
11. The personal conduct of the Golf Professional/Concessionaire and his/her staff has a direct
impact on the quality of performance. Unacceptable personal conduct/behavior by the Golf
Professional/Concessionaire, staff or volunteers as defined, can result in immediate or
early termination of the Agreement, as also defined.
12. The Colorado Legislature passed legislation which has been signed into law by the
Governor requiring compliance regarding employment of undocumented aliens. The Golf
Professional/Concessionaire acknowledges and agrees that those statutory provisions that
apply will be followed. If there are any questions about these legal requirements, the Golf
Professional/Concessionaire agrees to consult with legal counsel.
13. Smoking instruments and tobacco products of any kind will not be sold nor advertised at
the golf course, snack bar, or clubhouse. Smoking is not permitted in any areas of the
clubhouse nor within 20 feet of entrances.
14. The City pays for all trash removal and recycling removal services, utilities, basic clubhouse
security system as determined by the City, and telephones supplied to the golf course. The
Golf Professional/Concessionaire shall reimburse the City monthly for the full cost of all
long distance and two-thirds of the cost of all cell phones and of all local calls made from
said City telephones. The City shall provide the Golf Professional an itemized copy of said
monthly long distance, cell phones, and local phone bills. The Golf Professional/
Concessionaire shall also fully pay for any and all cable or satellite television services or
expanded security services provided in the clubhouse.
15. The. City and the bank handling the City's banking services will allow the Golf
Professional/Concessionaire 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 Golf Professional/Concessionaire paying a fee for their share of said service at the rate
established by the City.
16. The Golf Professional/Concessionaire shall devote his/her full time and attention as the
Golf Professional/Concessionaire at City Park Nine Golf Course, and the City relies upon
the personal services of the Golf Professional/Concessionaire to provide such services;
and the hours, that the Golf Professional/Concessionaire shall be at City Park Nine Golf
Course will be mutually agreed between the Golf Professional/Concessionaire and the
Director of Parks.
17. The management and supervision of the golf operations, pro shop functions, and food and
beverage concessions at the City Park Nine Golf Course granted under this agreement
shall, at all times, conform with the rules, regulations, policies, and procedures as adopted
by the City of Fort Collins, or any of its Boards, Service Areas, Service Units, Departments,
or Divisions having jurisdictions over golf courses.
PROPOSAL
PROPOSAL NO: P DATED THIS DAY OF 12009
CONTRACT FOR SERVICES: City Park Nine Golf Professional/Concessionaire
411 South Bryan Avenue
Fort Collins, CO 80521
TO: City of Fort Collins
Office of the Director of
Purchasing and Risk Management
215 N. Mason Street, 2"d 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 Golf Professional to manage and supervise the golf operations, pro shop
functions, and food and beverage concessions at the City Park Nine Golf Course, having
examined all documents, the golf course 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
this 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 golf professional and
concession operation using the highest of modern professional golfing and management
standards as employed at leading golf clubs and golf courses, 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:
A. Proposal Questionnaire
B. Annual Payment Schedule Statement To/From the City
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.
RESPECTFULLY SUBMITTED:
NAME:
ADDRESS:
TELEPHONE:
BY:
TITLE:
Print Name
Signature
PROPOSAL QUESTIONNAIRE INFORMATION
Attached you will find the "Proposal Questionnaire." You will need to answer all seven
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 seven pages, you may also provide one 8-1/2"
x 11" supplemental page (one side only) to provide additional information or to further answer
any of the seven questions which you could not do within the one page limitation.
You must also attach a copy of your resume which does not count against your page limitations.
If you are selected for an oral interview, you will need to bring to the interview a copy of tangible
proof of your financial ability to perform as the City Park Nine Golf Professional/Concessionaire,
as well as your ability to secure acceptable insurance coverage as required. You will need to
provide the Director of Parks with at least three (3) references three days prior to the interview
that we may contact regarding your qualifications. The City will also conduct a background
screening procedure on the finalists and you will need to provide a signed authorization form to
allow that screening to proceed.
Review and Assessment
Respondents will be evaluated on their written answers to the following seven 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 seven questions shall have a "weighting factor" of 1.0,
2.0, 3.0, as we have determined, meaning that the maximum total of points to be achieved from
the seven questions is 75 points. In addition, we have assigned a 5.0 "weighting factor" to the
Annual Payment Schedule Statement, 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
Question 1 -- What are your qualifications and personal unique attributes do you bring to the
City that relate to your performance of our defined services? (Weighting Value of
3.0)
Question 2 -- What qualifications will you require of your assistant(s), other employees and
volunteers? Please outline your staffing plans for peak, transitional, and off-
season times.
(Weighting Value of 2.0)
Question 3 -- What conditions, needs or requirements do you see at City Park Nine,
and how will you deal with them (i.e., marketing strategy, niche customers,
maintenance staff, special issues, etc.)?
(Weighting Value of 1.0)
Question 4 -- What are your plans and related strengths and weaknesses to operate the City
Park Nine Pro Shop and Driving Range with regards to: A. Merchandise; B.
Services Offered; C. Customer Services;
D. Teaching?
(Weighting Value of 3.0)
Question 5 -- How do you plan to finance your operation, both initially and through the year
2013?
(Weighting Value of 2.0)
Question 6 -- With regard to course monitoring (rangering/marshaling) and maintaining an
acceptable pace of play, outline specifically what program you will implement?
Also, how much will you (as resident pro) be involved?
(Weighting Value of 1.0)
Question 7 -- What is your experience with, and how do you plan to provide concession
services at City Park Nine in the following areas: A. Beer, Wine and Liquor; B.
non-alcoholic beverages; C: food services?
(Weighting Value of 3.0)
Additionally -- Annual Payment Schedule Statement (to and/or from the City).
(Weighting Value of 5.0)
ANNUAL PAYMENT SCHEDULE STATEMENT
(To and/or From the City)
The City of Fort Collins will establish a schedule of City fees and charges, and will keep all
revenues generated from green fees, punch cards, annual passes, tournament reservation fees,
powered golf cart rentals, surcharges, private golf cart usage fees, other reservation fees, etc.,
at the City Park Nine Golf Course.
The Golf Professional will acquire and own, and will keep all income/revenues generated from
the sale of golf merchandise, pull cart rentals, tournament service fees, golf club cleaning, golf
club repair, golf rentals, food and beverage sales, and from the operation of the driving range
and from providing professional golf lessons/instructions, etc., and will pay for their own staff at
the City Park Nine Golf Course.
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, or make an in -kind contribution of a specific dollar value. If
so, how much money/percentage/value will you (Golf Professional/Concessionaire) pay in each
year listed to the City of Fort Collins to be the Golf Professional/Concessionaire at City Park
Nine Golf Course?
2009-
$
or
% or
2010-
$
or
% or
2011-
$
or
% or.
2012-
$
or
% or
2013-
$
or
% or
"' and/or *`*
How much money annually must the City of Fort Collins pay you (Golf
Professional/Concessionaire) to be the Golf Professional/Concessionaire at City Park Nine Golf
Course?
2009-
$
(In writing:
2010-
$
(In writing:
2011- .
$
(In writing:
2012-
$
(In writing:
2013
$
(In writing:
(You must explain the above annual payments to and/or from the City, such as variable
monthly amounts, flat -rate payments, percentage payments, in -kind contribution payments,
etc. by attaching such written explanation on no more than one page to this page).
(Weighting Value 5.0)
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CITY PARK NINE GOLF COURSE SLOW PLAY POLICY
City of Fort Collins
GOLF DIVISION
SLOW PLAYPOLICY
The purpose of this policy is to aid in provid-
ing a positive and enjoyable golfing experience
to all players visiting City of Fort Collins -
owned golf facilities.
I.:Each group is responsible for keeping up
with the group in front of them (defined as
staying in position). Your group should play
within a 1/2 hole of the group ahead of you.
2. Each group will be asked to play its round of
golf in two hour intervals per nine holes.
3. Golf course staff may ask your group to
catch up and accelerate the pace of play. If
your group is "out of position," you may be
required to skip a hole to catch up. Two slow
play warnings per round violate our slow play
policy, and playing privileges may be
suspended.
4. Pro shop staff, City golf staff and the
"course monitor" have full and complete
authority to enforce the slow play policy as
outlined herein.
Thank you for your cooperation, and we look
forward to seeing you again soon.
NOTE: The City of Fort Collins will make reasonable
accommodations for access to Cis), services, programs, and
activities and will make special communication arrangements
for persnns with disabilities. Call (970) 721-6650.
T DO / T Y (970) 224-6002 for assistance.
10 TIPS TO QUICKER
GOLF PLAY
1. Arrive at the golf course well in advance of
your tee time.
2. Negotiate your wagers prior to the first tee
or without delaying play on the first tee.
3. Take practice swings while you wait for the
group in front to get out of range.
4.On the tee or in the fairway, hit when ready;
forget honors.
5.On the green, line up your putt as others are
putting out.
6. Carry a spare ball in your pocket.
7. For short pitches, chips, or sand play, take a
few clubs and your putter to finish out the hole.
8. When sharing a golf cart, drop off your
partner at his / her ball and proceed to yours;
park your golf cart as close as possible to the
next tee. Mark your scores on the next tee.
9. No mulligans anytime, anywhere.
10. Don't give lessons on the golf course.
The rewards for playing 9 holes of golf in "two
hours or less" are that you have had fun, and
you have ensured that all the people behind
you have also experienced a round of golf
without undue delay.
C11T.Y
. Slow Play Policy
. Course Pace Rating
. Quick Play Tips
City Park Nine Golf Course
411 S. Bryan Avenue
Fort Collins, Colorado 80521
(970) 221-6650
ATTENTION
GOLFERS!
PLEASE DO NOT
THROW AWAY THIS
BROCHURE.
RETURN IT TO THE
PRO SHOP AFTER
READING SO THAT IT
CAN BE SHARED WITH
OTHER GOLFERS,
THANK YOU
CITY PARK NINE GOLF COURSE SLOW PLAY POLICY
COURSE PACE RATING
City Park Nine Golf Course
TEE
1
2
3
4
5
6
7
8
9
TOTAL
TIME
HOLE TIMES
(Minutes to
:13
:09
:12
:17
':11
:15
:17
:16
:10
play each hole)
2 HOURS
CUMULATIVE
TIME
:13
:22
:34
:51
1:02
1:17
1:34
1:50
2:00
Course Pace Rating (CPR) is determined by length of holes (including distance from each green to the
next tee), time spent on and around the greens, obstacle difficulty (water hazards, out of bounds,
bunkers, etc., and consideration of situations where carts are restricted to paths. CPR represents the
amount of time a group of four should take to play each hole and proceed to the next tee. The cumu-
lative times thus represents "tee times" for the group at each subsequent teeing ground. The total play
time is a target goal for how long it should take to play the golf course.
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
POLICY STATEMENT ON GOLF STAFF USAGE AT CITY GOLF COURSES
XXXIV. POLICY STATEMENT ON GOLF STAFF USAGES AT CITY GOLF COURSES
The purpose is to establish and Arnend Procedures and Guidelines for Eligible Golf Division
Staff for Usage of City Golf Courses and Golf Carts
A. Golf Division staff is eligible for discounted usage of City golf courses and City golf carts as
follows:
All Golf Division employees, whether paid or unpaid volunteers, who currently work
within the City Golf Division, or are between work seasons, are covered by tlris
policy. This includes both pennanent and hourly/seasonal City of Fort Collins Golf
Division employees, the Golf Professionals and employees who are employed by the
Golf Professionals, the contractual Restaurant/Snack Bar Concessionaires and the
primary employees employed by the Restaurant/Snack Bar Concessionaires, and
Volunteers who perform services solely for the benefit of the golf course, not for
contracted services. These staff may play rounds of golf and may use City golf carts
and pay discounted fees, as appropriate.
2. Golf Play Usage shall be as follows:
(Level 1) Golf Course Superintendents, Assistant Superintendents, Golf Division
permanent Parks and Grounds Technicians, the contractual Golf Professionals and the
Assistant Golf Professionals, and the contractual Restaurant/Snack Bar Concessionaires,
have no restrictions on play at their home course mid have the option to either pay the
appropriate Surcharge fees or pay no fees to play golf, or use golf carts if available. The
City recognizes the benefit of these staff members being on the golf course and being
aware of condition, play, and the overall health of each golf course.
(Level 2) Full Time staff that normally work over 30 hours or more per week during the
season have no restriction on when they can play at their home golf course, but will pay
the appropriate Surcharge Fees to golf and can take golf carts at no charge, if they are
available.
(Level 3) Part Time staff that normally work 12 to 30 hours per week during the season
can play golf at their home golf course for the appropriate Surcharge Fees and''/Z the
Regular cart fee (Senior cart rates do not apply). These reduced fees are not available
before noon on weekends and holidays from Memorial Weekend to Labor Day. If these
employees choose to play at that time, full fees must be paid. This level may play up to
12 rounds per calendar month or 3 rounds per week at the reduced .rates. Unused rounds
cannot carry over to another time period.
(Level 4) City Golf Division Volunteers and Part Time staff working less than 12 hours
per weep may play golf for the appropriate Surcharge Fees and pay''/z the Regular cart
fee (Senior cart rates do not apply). Reduced fees are not available before noon on
weekends and holidays from Memorial Weekend to Labor Day. If these volunteers/
employees choose to play at that time, full fees must be paid. This level may play up to
10 rounds per calendar month or 2 rounds per week at the reduced rates at their home
course. Unused rounds cannot carryover to another time period. Volunteers must wdrlc a
minimum of 25 hours per month from March 1-October 15 to receive the above playing
privileges.
64
POLICY STATEMENT ON GOLF STAFF USAGE AT CITY GOLF COURSES
3. Universal criteria for all staff who play City of Fort Collins Golf Courses:
(a) All staff is allowed to make advance tee time reservations or be a pant of someone
else's reservation utilizing the same tee time reservation procedure approved for all
golfers (based on their individual Level privilege), however, we should strive to not
replace full fee paying golfers. Employees will register as "staff' noting 9 or 18
holes, and may also be asked to sign a log book provided by the Golf Professional for
management purposes.
(b) All employees will pay normal League or Tournament Fees to participate in leagues
or tournaments, unless exempted by the Manager of Golf.
(c) Two employees (in a group of two, three, or four players) who get discounted or no
charge golf cants, should ride in. one golf cart together, as two no charge or discounted
golf carts should not be taken. Non -employees riding with an employee will pay
their full share or the other one-half balance of the appropriate golf cart rental rate at
all times. It is the employees' responsibility to have their rider pay in the golf shop if
someone "jumps on" their cart witlr them.
(d) All employees who use a golf cart at no charge or at a discount rate will be expected
to pick up trash on the course, report any problems, and generally "marshal" while on
the course.
(e) All employees who play on our courses are expected to be ambassadors for our
courses and conduct themselves in a manner that is appropriate.
4. 1t is the responsibility of all staff members and volunteers, whether they are the player
or the staff member behind the counter, to follow these policies and rates. Ultimately,
it is the responsibility of each course Professional to make sure his /her entire staff is
adhering to all policies regarding staff course usage.
(Level 3) Employees and (Level 4) Volunteers/Employees are entitled to the same or -
reduced fee privileges at each of the two other City Golf Courses that he/she does not
work, only one (1) time per month. (Level 1) and (Level 2) Employees have no
restrictions. Each Golf Professional will alert the other two courses of who their staff
members are (and also get a maintenance and restaurant list) and alert them both
when changes happen. An accurate accounting of volunteerlemployee rounds will be
kept at each course.
B.Volunteer Course Privileges
City Golf Division Volunteers may play golf for the appropriate Surcharge Fees and :/a
the Regular cart fee (Senior cart rates do not apply). On weekends and holidays between
Memorial. Day and Labor Day, volunteers may not play for the reduced fees before 12:00
noon. If volunteers choose to play at that time, full fees must be paid. Volunteers may
play up to 10 rounds per calendar month or 2 rounds per week at the reduced rates at their
home course. Volunteers are entitled to the reduced fee privilege at each of the other two
City Golf Courses that he/she does not volunteer only one (1) time per month. Unused
rounds cannot carryover to another time period. Volunteers must work a minimum of 25
hours per month from March I -October 15 to receive the above playing privileges.
(a) Volunteer are allowed to make advance tee time reservations or be a part of someone
else's reservation utilizing the same tee time reservation procedure approved for all
golfers (based on their defined privilege), however, we should strive to not replace
full fee paying golfers. Volunteers will register as "staff' noting 9 or 18 holes, and
65
POLICY STATEMENT ON GOLF STAFF USAGE AT CITY GOLF COURSES
may also be asked to sign a log book provided by the Golf Professional for
management purposes.
(b) All volunteers will pay normal League or Tournament Fees to participate in leagues
or tournaments, unless exempted by the Manager of Golf.
(c) Two volunteers (in a group of two, three, or four players) who get discounted golf
carts, should ride in one golf cart together, as two discounted golf carts should not be
taken. Non-employees/volunteers riding with a volunteer will pay their full share or
the other one-half balance of the appropriate golf cart rental rate at all times. It is the
volunteers' responsibility to have their rider pay in the golf shop if someone "jumps
on" their cart with them.
(d) All volunteers who play on -our courses are expected to be ambassadors for oil] -
courses and conduct themselves in a manner that is appropriate.
(e) It is the responsibility of all staff members and volunteers, whether they are the
player or the staff member behind the counter, to follow these policies and rates.
Ultimately, it is the responsibility of each course Professional to make sure his/her
entire staff is adhering to all policies regarding staff course usage.
(f) Each Golf Professional .will alert the other two courses of whom their staff members
are (and also get a maintenance and restaurant list) and alert them both when changes
happen. Aar accurate accounting of volunteer rounds will be kept at each course.
r�
The above policy statements are subject to change at any time and are not to be considered as
guarantees, nor are they to be considered as a form of direct or indirect compensation.
The Manager of the Golf Division is solely responsible for any interpretation of this Policy. Any
abuse of these privileges may result in the loss of future privileges.
*** NOTE: The City is currently reviewing its policies on Golf Staff Usages at
City Golf Courses, and a new Policy Statement will be in place no later
than February 18, 2009, and it is contemplated that this new policy will
be more restrictive with regard to free and reduced fee play for staff
and volunteers.
2009 FEES
2009 Golf Pees and Charges
City Park Nine, Collindale and Soutli idge
Daily Green Fees
9-Hole Prime Time
9-Hole Non -Prime Time
9-Hole Non -Prime Time Ages 60 to 74
9-Hole Non -Prime Time Ages 17 & under and 75+
Twilight Rate (1 '/2 hours prior to posted sunset, and
2:00 p.m. November through February)
18-Hole Prime Time
18-Hole Non -Prime Time
18-Hole Non -Prime Time Ages 60 to 74
18-Hole Non -Prime Time Ages 17 & under and 75+
Tournament Fees
Tournament Reservation Fee
Tournament Reservation Fee Prime Time & Shotgun
Tournament Service Fee to Golf Professional
Tournament Service Fee to Concessionare
$12
$31
$28
$23
$21
$ 3/9-Holes per player
$ 5/9-.Holes per player
$ 12-per player with $8 in Golf Shop Credit
$ 7-per player in Food/Beverage Credit
Tournament Reservation Fees are added to Daily Green Fees for Tournaments. Tournament Service Fees for
Golf Professionals and/or Concessionaires may be fully or partially waived at their option.
10-Play Punch Cards
2009 10-Play Punch Cards provide for a 15% Discount off the Prime Time Daily Green Fees; They are good at
all three City Golf Courses; 'Chey are Not Valid for Tournament Play (unless exempted); They have No Cash
Return Value, but they Maintain their Credit Value indefinitely. Prior year(s) punch cards can be used by
paying the current year cash differential of the per punch credit value.
9-Hole 10-Play Punch Card
18-Hole 10-Play Punch Card
Annual Passes
5144.50 ($14.45 per punch credit value)
$263.50 ($26.35 per punch credit value)
2009 Annual Passes entitle the cardholder to play golf at all three City Golf Courses as often as desired and as
the courses are available during Non -Prime Time only; They are Not Transferable; They are Not Valid for
Tournament or League Play (unless exempted); They Expire January 31, 2010; and Users must have a Fort
Collins Address Only. Users also pay an Annual Pass Per Play Fee.
Adult (Ages IS to 59) $550 Adult (Ages 60 to 74) 5413 Age 17 & under and Age 75+ $275
2009 FEES
Annual Pass Per Play Fees 9-Holes 18-Holes
Adult (Ages 18 to 74) at City Park Nine and Collindale $3.00 $6.00
Age 17 & under and Age 75+ at City Park Nine and Collindale $2.50 $5.00
All Annual Pass Cardholders at SouthRidge $7.50 $14.00
Golf Cart Rental Fees (includes Sales Tax)
Golf Carts are discounted for those golfers Age 60+ during Non -Prime Time hours only; A non-playing
observer may ride for fi-ee with a Single Golfer.
9-Hole Regular $16 18-Hole Regular $25
9-Hole Age 60+ $14 18-Hole Age 60+ S20
9-Hole Single Golfer $1 I 18-Hole Single Golfer $17
9-Hole Single Golfer Age 60+ $ 9 18-Hole Single Golfer Age 604- $13
Private Golf Cart Usage Fees $20 Daily; or $250 per Season, plus $150 Per Course Added
Prime Time and Non-Pritne Time
NON-PRIIviE� 'CIMI-3 hours at CI` I PARK NINC: All times at CITY 1?AIZK NINE shall be considered NON-
PRIM17�- TIME hours.
PRIM TIME hours at COLLINDALI , as based upon reserved/scheduled tee tunes, shall be considered to be in
effect during the months of April, May, June, July, August, and through Septembcr 15th, all day on Friday, all da),
on Saturday, on Sunday until 2:00 p.m., and all day on City Holidays (N-feinorial Day, Independence Day, acid Labor
Day), based upon course conditions. All other tunes at COL.LINDALE shall be considered NON-PItI. MG TIM13
hours.
NON -PRIME TIME hours at SOUTHRIDGE-, as based upon reserved/scheduled tee timcs, sliall be applicable
daily during the months of September 16th tlixough March 31st; and on 'Nfonday, Tucsday, Wednesday, and
Thursday except City Holidays (Memorial Day, Independence Day, and Labor Day) from 6:30 a.m. (or first Tee
Tithe) until 2:30 p.m. during the months of April through September 15th. A.11 other tunes shall be considercd
PRIME TIME: hours at SOUTHRIDGE, based upon course conditions.
Surcharge Fees
the total Surcharge lees for 2009 are $2.50 on each 9-Hole Round and $5.00 on each 18-Hole Round, and are
already included in Daily Green Fee Rates, 10-Play Punch Card Fees, and Annual Pass Per Play Fees. Surchargc Pee
Revenues will be used for Golf DiN�ision Capital Outlay and debt service payments purposes only.
JPBrown: 07/ 17/08
CITY GENERATED REVENUES
The following are City Fees and Charges Operating Revenues generated at City Park Nine Golf
Course for 2006, 2007, and preliminary 2008 (before audit):
Revenue Source Budgeted Actual Differential
2006
CPN Annual Passes*
$55,448
$48,598
$(6,850)
CPN Green Fees
310,000
295,459
(14,541)
CPN Tournament
5,000
4,715
(285)
CPN Golf Carts
50,000
58,145
+8,145
CPN Concessions
3,600
3,600
0
CPN Surcharge
71,000
89,804
+18,804
City.Park Nine Total $495,048
2007
$500,321 $+5,273
CPN Annual Passes*
$49,950
$54,017
$ +4,067
CPN Green Fees
310,000
288,705
(21,295)
CPN Tournament
5,500
4,543
(957)
CPN Golf Carts
58,000
59,340
+1,340
CPN Concessions
4,800
4,800
0
CPN Surcharge
8900
87,657
(1,343)
City Park Nine Total
$517,250
$499,062
$0 8,188)
2008
CPN Annual Passes*
$51,000
$51,520
$+520
CPjN Green Fees
310,000
305,437
(4,563)
CPv Tournament
5,200
4,122
(1,078)
CPN Golf Carts
56,000
59,180
+3,180
CPN Concessions
4,800
4,800
0
CPN Surcharge
89,000
82,237
(6,763)
City Park Nine Total
$516,000
$507,296
$(8,704)
1: Annual Passes revenues exclude Surcharge Fees and are attributed to City Park Nine on a
rounds played ratio basis with Collindale; as SouthRidge is based upon actual Per Play :Fee cash
amounts received only.
GOLF PLAY STATISTICS
GOLF COURSE ANNUAL PASS PLAY RECORDS
COMPARISON REPORT
2004-2008
CITY PARK NINE
2004
9-hole
18-hole
1 2005
9-hole
18-holel
2006
9-hole
18-hole
2007
9-hole
18-hole
2008
9-hole
18-hole
January
13
13
98
981
1 387
1 384
3
-
-
Februa
74
74
193
191
196
114
114
-
March
495
494
1
_
334
333[41
403
394
9
470
451
19
385
_
372
13
April
459
450
9
_
470
_
452
828
806
20
666
614
52
790
770
20
May
761
696
65
653
631
i 22
1 1,0551
1,0181
37
1.060
1,014
46
914
870
44
June
692
676
161
721
698
23
1,0801
1,020
60
941
891
50
979
946
33
July
707
673
341
553
522
31
915
1 877
1 38
832
780
52
829
804
25
August
674
646
281
692,
664
28
0401
903
1 37
969
892
77
829
788
41
September -_
489
458
311
573
1 569
4
901
857
44
765
742
23
738
707
31
October
480
476
4
390
388
2
481
471
10
526
515
10
528
518
10
November
325
323
2_
339
339
-
3Ei9
363
6
153
151
2
358
350
8
December'
3
3
123
123
-
1 11
27
27
Total
5,172
4,982
190
5,1391
5.008
1 131
1 7,357
1 77300
264
1 6,408
6,077
331
1 6,4641
6,239
225
2006 GOLF COURSE GAILY GREEN FEE PLAY RECORDS
----
_r.�—
-
- -
TTOURNAPl,EN7S
CITY PARK
_
j
s•ROE----
teH oC Pu(TOrJDSCOUNTJ
.__9 _�...._.
PUNCH CARD
.
IVAI.IGHT
17 6 Undar PRIME
___--j
NON -PRIME, N.P. 50-74 1 HF.7B• ; PRIME
NIXu•PRVAE N-P.�� N.P.75+ 3
to---
�__.I._--.
9 ! is !
9 I 1e
! TOTAL
January
2921
4101
1043
331
j 61 3! 1
261
23!
! 925
February W- __.
199
61 --
j 179j
57,---
171 ---1
--- 4j 7�- j -
6�
I--
131
L
j
488
F.larch _
-_._.
206,
_
931—_j638; ^ - 80! --
34i -- -I
_ -
11- 21-- j --
34r---
j
341
j
!
-�
1122
April-
2411
198i
I 22011
178
50;
40j 5! 21
108
3!
751
11
;
3102
May _---�-
2801
178
--2,5631
--242
-93f -`-
411 - 3�-- i
83I--
10 --
�1I --�I-
J -
3737
June
__
I 280
3293
3,080i
286j
861_ -
I 381 30 - 3j-
42
9!
138;
81-
100i_
I 4429
July
1
215
343�
; 2,788j
_
305L
' --
74:
- —i
1121 12 31
--
46I
41
1261
---
21 _
-11
_ 1 107
_
4137
August - -__�
-
264
_
1 2.656' 421
1806
91,'
0 -
57' 41 11
42 14
4&
53.
6 1321
6 100 -
4
56;---
10' 38
1 4027
2745
S tember
169
102
341;�
October
i 1771
_
78j—
ml
284;
531
; 401- I I
1I
43
1514
November
-I-
-192j
331
467
_.
141
_ -21..._....._.�_.__
30'
i 8j (
-i
47
923
December---
1 241
11
51
1�--:�_,_.._.-_t-------
�j
1 33
Total
2,539
1 1,684 1
1 17,631 i
2,441 I
622 1
1 389 1 80 i 91
447 j
38
942 1
17 I
1981 145
1 27,182
GOLF PLAY STATISTICS
2007 GOLF COURSE DAILY GREEN FEE PLAY RECORDS
CITY PARK NINE
9-HOLE
.18-iiOLE
coup UDISCOUNT
PUNCHCARD
TCURNM1ENTS
M-LIC�HT
17 R Under
PRIME
NON -PRIME
NP. 60 - 74
N.P. Tor
PRId1E
NON -PRIME
NP_ n0 - 74
N.P.751
9
I 16
81
18
9
1 18
I TOTAL
January
0
February
I
��-2,
0
March
449
213
937
166
301
441
12
25
7
5
9
88
2
1
1863
1 2467
April
237
159
1515
381
May
244
157
2,687
496
721
31
8
152
1
3857
June
204
216
2,974
4291
aal
59
9
3
216
901
4288
Jul_
216
226
3,303
355
115
88
9
9
202ffil368
115
4756
Au ust
198
223
2,859
587
105
54
15
5
154
4201
SeMember
216
126
2089
576
100
46
6
177
3437
October
98
84
1,105
316
63
18
29
44
1783
November
235
38
455
111
20(
7
13
417
December
14
21
17
-
1
52
Total
2,111
1,452
17,945
3.434
63
342
83
31
1,095
115
27,621
2008 GOLF COURSE DAILY GREEN FEE PLAY RECORDS
CITYCITY P K NINENINt
9HOLE
18+1pLE
1
PUNCH GARU
TOURNAMENTS
TWILIGHT
V& Under
PRWE
NOM-PRIME
N.P. 60 - 74
1 N.P.7E-
PRtmE
I NON -PRIME
N,P.60. 71
N.P.75-
17b Under
---C-O-UP—VolscOUN7
9
1 15
9
18
9
iB
TOTAL
January
0
0
0
0
-01
ol
01
0
0_
01
0
01
0
Of
0
0
0
0
februaly -��
260
14
0
126
35
48
0
3
G
0
0
0
0
5
0
0
0
491
h4arch
75
128
0
984
135
23
0
27
6
0
3
0
0
34
0
0
0
1409
t
116
132
0
1757
311
391
0
24
9
0
5
0
0
57
0
16
0
2466
May
168
122
0
2,294
3571
661
0
42
5
0
41
0
0
951
11
0
0
3164
June
Jul'
August
S9ptember
October
November
December
230
247
204
139
1C16
771
187
171
175
86
fit
29
0
0
0
0
0
0
3.059
3,238
2.834
1953
1.125
59t
357
310
312
386
237
151
133
'107
111
109
71
'J9
0
0
0
0
0
0
52
58
28
41
9
12
8
5
9
11
7
4
2
0
1
ol
1
0
31
30
2
0
0
0
I
0
0
0
0
32
0
0
0
0
0
0
0
118
W
84
101
54
11
3
2
0
0
1
0
37
0
0
53
18
0
0
1741
0
0
0
0
4217
4457
37W
2879
1722
1008
0
Total
1,71E
1,105
17,961
2 691
746
288
64
4
75
32
676
17
1 124
1 1741
25,5731
. CITY 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 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 ,
hereinafter called "Contractor", whose address is , regarding certain services to be
provided at the City Park Nine Golf Course, 411 South Bryan Avenue, Fort Collins, Colorado,
80521 (the "Golf Course").
WITNESSETH:
ARTICLE 1
Golf Services
Contractor agrees to provide golf services in accordance with the Scope of Golf Services
description, consisting of 1 page, attached hereto as Exhibit "A" and incorporated herein by this
reference ("Golf Services"), such services to be provided primarily by the Contractor.
ARTICLE 2
Grants of Concessions
2.1 Grant of Pro Shop and Drivinq 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.
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 (2b) 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
7013 City Park Nine Golf Professional/Concessionaire
BACKGROUND INFORMATION
The City of Fort Collins is the owner and operator of the City Park Nine Golf Course located at
411 South Bryan Avenue, Fort Collins, CO 80521.
The Culture, Parks, Recreation and Environment Service Unit Golf Division within the Parks
Department administers City Park Nine for the City and desires to grant to a PGA "Class A"
member Golf Professional (or equivalent) in good standing, or someone currently in the
Program eligible to become a "Class A" Member within the initial term of our Agreement, a
contract for services to manage and schedule the golf operations, pro shop functions, and food
and beverage concessions at City Park Nine for the remainder of the year 2009 with possible
annual renewal options for the years 2010 through 2013, with a possible extension of the
original five-year term for up to five additional years if performance is satisfactory and subject to
City Council approval.
The management and supervision of the golf operations, pro shop functions, and food and
beverage concessions include, but are not necessarily limited to, the general management of
play on the course, course monitoring (ranger/marshall), operation of the driving range, power
golf cart preparation, return inspection, and rentals, golf lessons/instructions, collection,
accounting, and remittance of City fees and charges, sale of golf merchandise and services to
customers, golf club repair, tournament and league coordination, overall clubhouse
management, clubhouse janitorial services, snack bar concession services, daily cleaning of all
outside entrance areas and golf cart staging area, and all other golf related operations except
for course maintenance.
The Golf Professional/Concessionaire provides all employees and volunteers necessary to
facilitate the full and efficient use and management of the golf course operations as described;
and the Golf Professional/Concessionaire owns and sells golf merchandise and services, the
food and beverages, and operates the driving range through an exclusive concession granted
by the City.
In this contract for services, the Golf Professional/Concessionaire collects all revenues received
at City Park Nine on a daily basis. The Golf Professional/Concessionaire accounts for and
forwards to the City daily all revenues paid to the City generated from green fees, punch cards,
annual passes, tournament fees and City tournament reservation fees, powered -golf cart
rentals, surcharges, private golf cart usage fees, other reservation fees, and other such fees
either set by the City or as appropriate. The Golf Professional/Concessionaire will keep all non -
City revenues generated from the sale of golf merchandise, golf instructions/lessons, pull cart
rentals, tournament service fees, golf club cleaning, rental and repair, food and beverage sales,
and the driving range. The Golf Professional shall be the owner of all merchandise, rental
clubs, club repair equipment, range .balls, range pickers, mats, pull carts, and food and
beverages, and food and beverage cart(s).
rev 01 /08
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
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. Recordkeepinci 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 , 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 automatically renewed for a
period from January 1, 2013, until December 31, 2013, unless the Contractor is in default or
unless one party serves written notice to the other party of its intention to terminate the
Agreement, provided such written notice must be served at least ninety (90) days prior to
December 31, 2012.
7.6 Extension. This Agreement may be extended beyond the original five (5) year
term if performance is satisfactory and subject to City Council approval and negotiation of a
mutually acceptable extension agreement.
7.7 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 $ in 2009; $ in 2010; $ in 2011;
$ in 2012; and $ in 2013; to be paid in monthly amounts at the beginning of each
month in advance, as set forth in the Monthly Payment Schedule, consisting of one (1) page,
attached hereto as Exhibit "G" and incorporated herein by this reference ("Monthly Golf Services
Fee Payment Schedule"); 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
8.4 Food and Beverage Consession Fee.
8.5 Driving Range Payments.
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 Representative at 300 Laporte Avenue, P.O Box 580, Fort
Collins, Colorado, 80522.
ARTICLE 9
Utilities, Maintenance and Janitorial Duties
9.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash
collection, recycling, basic clubhouse security 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.
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 Cleanina 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.
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 Major Component Rendered Untenantable. In case,
during the term of this Agreement, the Concession Space, Golf Course or any principal part of
any one of them shall be destroyed or shall be so damaged by fire, flood, or other casualty so
as to be rendered untenantable or unusable as determined by the City:
12.1.1 Then, in such event, at the option of the City or Contractor, the term
hereby created shall cease; and this Agreement shall become null and
void from the date of such damage or destruction; and Contractor shall
immediately surrender the Concession Space and its interest therein to
the City; provided, however, that the City or Contractor shall exercise
such option to so terminate this Agreement by notice, in writing, delivered
to the other party within thirty (30) days after the City's determination of
untenantability or unusability.
12.1.2 In the event neither the City nor Contractor shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the City
shall repair the Concession Space, Clubhouse, or Golf Course excluding
improvements or equipment, signs, trade fixtures or other personal property
installed by Contractor, with all reasonable speed, placing the same in as good a
condition as it was at the time of the damage or destruction.
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
It should be understood that all course monitoring, daily golf cart preparation and inspection
services, clubhouse janitorial service costs, and food and beverage vending costs are to be
borne by the Golf Professional/Concessionaire as a part of this contract for services. With
regard to the course monitoring, the City desires that the Golf Professional include whatever is
necessary to reasonably facilitate our "Slow Play Policy" as slow play is one of our major
concerns. Also, City Park Nine is a "spikeless" golf course.
THE COURSE AND HISTORY
City Park Nine is a regulation size 9-hole golf course situated on 55 acres, primarily, built as a
WPA Project in circa 1940, and was originally operated by the Fort Collins Golf Association. The
City took over the total operations of the course in 1971. The course plays up to 3,335 yards
from the back (blue) tees, 3,029/3,089 yards from the mid (white) tees, and 2,632 yards from
the forward (red) tees, and is a par 36. In 2006 through 2008, an average of over 33,000 total
rounds of golf (including both 9 and 18 hole rounds) were played, with an average of around
7,000 of those rounds played by annual pass card holders and the remainder green fee rounds;
with less than three percent of the total rounds being 18-hole rounds. Golf facilities include a
'short' driving range, two practice putting greens and a practice chipping green, and a well
maintained golf course. The clubhouse building, which was rebuilt in 1988, includes a lounge,
kitchen, and snack bar area, and a complete service pro shop where the starter operations are
performed. There is also an office and club repair/storage room.
GOLF PROFESS IONAUCONCESSIONAIRE FEES, REVENUES, AND PAYMENTS
The existing Golf Professional/Concessionaire at City Park Nine Golf Course has served in that
capacity since January 2004, and has accepted an Agreement to be the Golf Professional at
SouthRidge Golf Course, effective January 1, 2009. He will continue to provide staff and golf
services at City Park Nine until a new Golf Professional/Concessionaire is hired. The City of Fort
Collins has paid (as per the RFP bids) the following annual amounts, as a Fee for Services to
the existing contractual Golf Professional/Concessionaire since 2006:
2006 2007 2008
$49,000 $51,000 $53,000
In addition the City authorizes golf professionals to charge up to a $6.00 Tournament Service
Fee per player for 9-Hole tournaments, with $4.00 of that amount to be applied to pro shop
merchandise/services as tournament prizes; and the City authorizes concessionaires to charge
up to a $3.50 Tournament Service Fee per player for 9-Hole events to be used as
food/beverage credit. The Golf Professional/Concessionaire has the option to waive any or all of
the Tournament Service Fees when negotiating with tournament organizers but not any City
fees or charges. The Tournament Service Fees are designed to guarantee that the Golf
Professional/Concessionaire makes money on golf tournaments/events.
For comparative purposes only, the existing contractual Golf Professional/Concessionaire
provided to the City the following unaudited figures as being generally representative of his
average annual gross revenues generated at the City Park Nine Pro Shop, Driving Range, and
Snack Bar during the past three years under similar circumstances:
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 Citv'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 Assians. 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:
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.
in
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
James B. O'Neill, II, CPPO, FNIGP
Director of Purchasing and
Risk Management
Contractor:
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.
SCOPE OF PRO SHOP AND DRIVING RANGE SERVICES
Pro Shoo 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 bal►s 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.
2006
2007
2008
Driving Range
$48,213
$41,862
$50,395
Club Repair
1,165
862
1,077
Pull Carts
4,998
5,906
5,632
Food/Snack/ Soft Drinks
15,129
14,722
13,498
Alcoholic Beverages
38,728
35,652
28,088
Shop Sales
56,392
53,739
50,399
Lessons
23,000
23,000
25,000
Total
$187,625
$175,743
$174,089
The City makes no representation or guarantees as to the accuracy of the revenue figures as
provided by the Golf Professional/Concessionaire.
As a part of his proposal to the City, the existing Golf Professional/Concessionaire agreed to
pay to the City the following Golf Shop Concession Fee:
2006 2007 2008
$3,600 $4,800 $4,800
In addition, at the Golf Professional/Concessionaire's sole cost and expense, new tables and
chairs, three new color televisions, and other improvements were made to the Clubhouse, as
approved by the City.
The net Golf Services Fee paid to the Golf Professional and the city's possible share of driving
range revenue will be of the utmost importance in our selection process.
FOOD AND BEVERAGE OPERATION
We will require that the successful Golf Professional/Concessionaire proposal at least provide
minimum food and beverage services at City Park Nine Golf Course, which may include vending
machines for soft drinks, self-service coolers, candy, coffee, chips, cold sandwiches, packaged
food, and the sale of beer, wine and alcoholic beverages; and the operation of a food and
beverage cart to serve these products on the course. In addition, the Golf
Professional/Concessionaire may utilize catering companies to come in for special events, or
authorize private parties using City Park Nine Golf Course to utilize catering companies for their
special events at the course. The Golf Professional/Concessionaire may utilize all of the City -
owned Inventory of Snack Bar/Restaurant Equipment noted in Exhibit "H" in the attached draft
Agreement.
It is the desire of the City to hopefully re -open a full -service snack bar operation in the future if at
all possible, and 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 Golf
Professional/Concessionaire brings the kitchen up to Code (including adding a grill, hood, and
proper refrigeration and sinks as per Health Codes), etc. If these improvements are made, the
Golf Professional/Concessionaire may desire to re -open the snack bar full-time during at least
the peak season, and part-time for special events and throughout the balance of the year.
Catering and/or banquet services operated out of the clubhouse are also a possibility.
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 Billing 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 of Fort Coubw
Cultural, Library, and Recreational Services
GoffDidden.
Policy: contractor Personnel Conduct and Demeanor, and Background Screwing for Positions
of Trust
Under the terms and conditions of cash respective Coattactoes Agmand with the City, all Golf
professionals and Restawwt/Snachc Bar Coneesmoamires shall coac4ml the conduct and demeanor of
their empployew, volunteers, and other rqxwmtmivcs or agents of fire .Contractor that will be
wodit on behalf of the Contractor in providing services to the (sty. The ContrAGlor agrees to
Provide to the City at all times a c u ant list of employees, volum�eas, aril other rives or
agent of Contractor that will be woddng on behalf of the Conhaetor in providmg sexvioes tDAW City'
under their Agreement, and that all arch employees, vobnteoas, and other rwasedatim or agents
of Cm unotor agree to adhere to the 9khaviodStandards ofPersonal Conduct and Pedbmmma."
moors and the City aim hereby wbwwWp and agree that oettarrt s -&w pauvrded by the
conhact" wrl] require that spmmw esagsloyees, volume mxm and other rvmmtdm* or agents .of
tic Coutractor act in "positions of tract" which oan include Go hmxMog of and/or a000matigg fur
funds of the City and/or of City property, or direct coated wide youu& and membm of the general
prUm. Acoonim*, each Contractor agrees tbat all • speeifiiod anployees, volumtaus, or other
motives or agmu of Cob6ew in positim of oast shall be scraaedfarvestigutod at $te
bxpww of the Co"traetor uft.a a Ci" contracted badWound ma otigation
as descant-W in each respective Contadoes Agreement; and that the results of such background
Marva shall be provided to the (Sty prior to arty such persons ParfiVabon m the
provision of services, as deem' in each respective Conhacta's Agreement. Sash Contractor shall
require the camPlet M and ea adon of the D'esolosurt/Waiver foam for all RmCOW employees,
volunteers, and otter r-reprowntatim or agents of Coartrac10v- The papaw of this form is to provide
thenocesmy iffommuon about an applicant and pcemisshon to mdow oonfideniial h4mahm for a
complete and thorough hadtround soon- The Cont mator shall provide to all said
eMPIOyees, volunteers, and other ropromtpUm of agmb a SumnOary of Rights under the Fair
Credit Reporting Act.
The background mrvenWwYostiption shall iaclade, but is not neemanly Rmited tie. obw1darg
attests and/or conviction records, driving reooads, cto it history; education, previous e11P1VMeW
MA vohmteer work and other records as may be apiato, and references, incloding review of any
row* of information avaalablo to the CRY as a rea+tdt of past OnTloymmt or eordrachral
the employee, volunteer, or other rive or agent has had with the Contractor or
the City.
The City will provide assistaix+e in completing the badtVwW screaainglanrvtigathon, iachudlag
providing the completed dimlosu m form to an outside vendor for it vwfidwtial reoeads chock.
Conhacw acknowledges that by providing woh assiftm the City ammes no rwponmbft for the
60101iness, aoauracy or completer= of the background servenWinvestigmlim or for the direct or
indirect ognsequences resulting from the W^ and the Contractor shall hold the City harmless for
yr iounry or loss restating Herefinm.
page 1 of 2
The 'Corfcactor shall make Job assigamcnts and nzpo=Wq amWumots based upon sad m
wnsidwwfim of the backWound mmdag/iavestiga lm. and shall sot permit MY person to pew
any podfim for W" such pmm's Chmuft or mit&r'ty my teosodnabiy in gaestion basfld Wn
do obtaiaod in cona�on with a badWvmd sa uvesugatioo, Thu city may, in
its m objed W any a of Contractor P b poems of tusk as bawd ups
ft baokgromrd b the ovent that iofornsation from tho report is utilizod is
whole or in part m tnalmg an adverse decision wj& tegaid to potanW
cmp�3t stator, before makitg tha adverse dacisioaq, rho CRY will
atb=W to provide CooitadAr wbh a copy ofd o comomor rgmWod n*W history
Spot eaWloyoes, TOmtwM and odw ropwomWins or ages of Goads ides MW at this
tine to be is positiM of trust atoll kdode; ba# are not necessarily liniritod to, aff top assistmak area
or section m=Wms, Icsmn providers, personnel that cheesy ban& and/or avowM .for (Sty fronds;
and those pasitioas that can work ind;ridmalty with you& or meanbas of rho gamml pub&
Coin dor Prod for Obtaiaia� Back�ronad I nbrmsdioU
1. Ono an emp3ayoey vdmtoM odw rgnmtWm or agart has boon mbobod by So ConknoW,
ffio anployM volcmteer, odw nepromeub*n or agent (qpBmat) doff oomapIft fie backgmand
gmvcu ng/i>tvom�, form, which is MW 'DImImm to Pngmtim Bmplojm4 Volantoots,
or Odw kqmmtodm orAgadsofCoOmdonRegatdinghv nor moaofaCom gwkepwt
Cmcladiog a Criminal history tgsoro."
I Whoa ffis emooM voloutear, other repm=tatI". or ageffi ( ) has compidod sW
signed tha form, do Oor:ttactOr shall it AW and lobo iho botbomn of rho form, gift to hot m
Dopy of to form to tho appTcant. The C nhudw atoll also give to rho apprama at this timo a
sommaty of his/hwxkbts tnador rho fndaaal Fair Q*M Repotting Act. 7bo Fair (kohl liopocfatg
Ad abD impomos requhments and pwo dom rohbod to any ad== doe W=bamod upon a m&
infvnmadioa.,
3. The Corrtracbor• burps ono Dopy of Go fora ami forwards rho original signed Dopy of the form to
the Golf Division Admbd*ative offim In order to eapodite rho procossiag dole, do Conaactor
may also FAX a Dopy or bring rho origWd Dopy of tha fiomr to rho GoNDivWm Admini*adm
Aida Once fire Admhftotiyo Aide artets fe form iaf cam ion hdo 16 cowpoft, it tdaeaGam
to four days for tiro CiVs. oonUv*d baclavund s mr OgMiorr fian to perform their
MOM
4..Boca = of art large mrmber of apph=W being soroonod using this dmilar process, ti<m shall
be no noti mfion to tiro COGUnd" unless au applic W roceirea a negative ryKm wid& four
days of the time that to Adminiskativo Aide eaters rho k&mwkm into the oogR*r.
7b%vfote, rho appfictrt may begin eakm ont for 1im for aftor four days udm to
Coottactor is nodal odrorwiso. However, bo aware that it is possiblo that wo oWd rood" a
negative report armor four days, and we will harp to address tiro sitaabon at that timo.
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) dminal history on you as part of the process of considering your candidacy for said
status. The investigation conducted in conjunction with the report may include an investigation
of your personal employment/volunteer history, education, financial, and credit records, public
records concerning your driving record, civil and criminal court records, county, state, and
Federal tax liens, notices of default and bankruptcies, and other records as may be appropriate.
In the event that information from the report is utilized in whole or in part in making an adverse
decision with regard to your potential employment/volunteer/representative/agent status, before
making the adverse decision, the City and the Contractor will attempt to provide you and the
Contractor with a copy of the consumer report/criminal history and a description in writing of
your rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives
you specific rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF
YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document.
By your signature below, you hereby authorize us to obtain a consumer report and/or an
investigative report about you in order to consider your status as a prospective employee,
volunteer, or other representative or agent for the Contractor.
Applicant's Name:
(Please Print) First Middle Last
Signature: 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 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 Zip
2.
Address City County State Zip
Please list any additional addresses on the back of this page.
Contractoes 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, faimess, and privacy of information in
the files of every "consumer reporting agency' (CRA). Most CRAB are creditbureaus that gather and seii 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 fund the complete text of the FCRA, 15 U.S.C. §§1681-1681 u. The FCRA gives you specific
rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer
protection agency or a state attorney general to learn those rights.
• You must be told if information in your file has been used against you. Anyone who uses information
from a CRA to take action against you — such as denying an application for credit, insurance, or employment
— must tell ,you, and give you the name, address, and phone number of the CRA that provided the consumer
repor
• You can find out what is in your file. At your request, a CRA must give you the information in your file,
and a list of everyone who has requested it recently. There is no charge for the report if a person has taken
action against you because of information supplied by the CRA, if you request the report within 60 days of
receiving notice of the action. You also are entitled to one free report every twelve months upon request if
you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare,
or (3) your report is inaccurate due to fraud. Otherwise. a CRA may charge you up to eight dollars.
• You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate
information. the CRA must investigate the items (usually within 30 days) by presenting to its information
source all relevant evidence you submit, unless your dispute is frivolous. Tote source must review your
evidence and report its findings to the CRA. (The source also moist advise national CRAB — 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 most normally include a summary of your statement in
future reports. if an item is deleted or a dispute statement is filed, you may ask that anyone who has recently
received your report be notified of the change.
• Inaccurate information must be corrected or deleted A CRA must remove or correct inaccurate or
unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not
required to remove accurate data from your file unless it b outdated (as described below) or cannot be
verified. if your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed
item unless the information source verifies its accuracy and completeness. In addition. the CRA must give
you a written notice telling you it has reinserted the item. The notice must include the name, address and
phone number of the information source.
• You can dispute inaccurate items with the source of the information. If you tell anyone — such as a
creditor who reports to a CRA — that you dispute an item, they may not then report the information to a CRA
without including a notice of your dispute. in addition once you've notified the source of the error in writing,
it may not continue to report the information if it is, in fact, an error.
• Outdated information may not be reported. In most cases, a CRA may not report negative information that
is more than seven years old; ten years for bankruptcies.
• Access to your file is limited. A CRA may provide information about you only to people with a need
recognized by the FCRA — usually to consider an application with a creditor. insurer. employer, landlord or
EXHIBIT F
(page 2 of2)
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, insurers, or
employers without your permission.
• You may choose to exclude your name from CRA lists for unsolicited credit and insurance offers.
Creditors and insurers may use file information as the basis for sending you unsolicited offers of tredit or
insurance. Such offers must include a toll -free phone number for you to call if you want your name and
address removed from future lists. If you call, you must be kept off the lists for two years. If you rtxlnest,
complete, and return the CPA 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 banks, 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 battles name) Washington, DC 20219.800-613-6743
Federal Reserve System member banks (except national Federal Reserve Board
banks, and federal branches/agencies of foreign banks) Division of Consumer & Community Affairs
Washington, DC 20551 * 202452-3693
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'?314 * 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, Department of Agriculture
1921 Office of Deputy Administrator-GIPSA
Washington, DC 20250 * 202-720-7051
EXHIBIT G
MONTHLY GOLF SERVICES FEE PAYMENT SCHEDULE
2009
2010
2011
2012
2013
January
February
March
April
May
June
July
August
September
October
November
December
TOTAL
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'THAT ARE OWNED BY
THE EXISTING PRO)
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)
ATTACHED INFORMATION/DATA
Attached are copies of the City Park Nine scorecard, the City Park Nine "Slow Play Policy", the
"Policy Statement on Golf Staff Usage at City Golf Courses," the 2009 Golf Fees and Charges
Schedule, City generated revenues, and golf play statistics at City Park Nine from 2006 to
November 2008, for your information and reference.
CRITERIA FOR PROPOSAL AWARD
The proposal will be evaluated as follows:
A six -person City Park Nine Golf Professional/Concessionaire RFP Review Committee,
composed of two members from the City of Fort Collins Golf Advisory Board, two member's
from the City Golf Division/Parks Department staff, one member from the City of Fort
Collins Purchasing staff, and one outside person appointed by the Director of Purchasing,
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 Golf Professional/Concessionaire and staff, the ability of the Golf
Professional/Concessionaire to operate as per the scope of the proposal, and the financial
circumstances of the proposal including ability to perform and cost to the City. Interviews
are tentatively scheduled for February 25, 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 4, 2009
Open RFP's: February 13, 2009
Interviews (tentative): February 25, 2009
PROPOSAL REQUIREMENTS
A. Complete the "Proposal" form as provided.
B. No person, firm or corporation shall make or file more than one proposal for this
contract for services.
C. Proposals (6 copies) must be sealed, addressed, and deposited with the City at the
following location before the proposal opening:
City of Fort Collins
Office of the Director of Purchasing and Risk Management
215 N. Mason Street, 2"d Floor (if delivered)
P.O. Box 580 ( if mailed)
Fort Collins, CO 80522
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
4. $1,000,000 -- Products Liability
EXHIBIT K
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, , swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
Signature
Date
INTERNAL USE ONLY Valid forms of identification
❑ ---current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
❑ ---current Colorado identification card
❑---U.S. military card or dependent identification card
❑---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 1-94, 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.
D. 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.
E. Required Documents-- The following shall be submitted with the proposal:
1. Proposal Questionnaire
2. The Proposal form/addendum acknowledgment page (s)
3. An Annual Payment Schedule Statement To/From the City
F. 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 a part of the interview phase of the process. All letters, faxes, e-mails,
etc. should be sent to the Director of Parks for processing.
PERMITS. LICENSES. FEES. AND TAXES
It shall be the responsibility of the Golf Professional/Concessionaire to make application for the
necessary permits and licenses, and to pay for all fees and taxes in order to operate the City
Park Nine Pro Shop and Driving Range, and food and beverage concessions, including the
ability to obtain a City Optional Premises Liquor License for beverage sales and consumption.
QUESTIONS
Any questions concerning the City Optional Premises Liquor License application and approval
process should be directed to:
Aimee Jensen
Deputy City Clerk
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580 (if mailed)
Fort Collins, CO 80522
970.221.6315
970.221.6295 (FAX)
E-Mail address: ajensen@fcgov.com
SPECIFICATIONS
Included in this "Request for Proposals" package is a copy of a draft agreement that the Golf
Professional/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 City Park Nine Golf Professional/Concessionaire
operations, as well as defines and provides clarification of several specific points.
The Golf Professional/Concessionaire and the City shall sign an agreement for services to
manage the golf operations, pro shop functions, and food and beverage concessions at the
City Park Nine Golf Course. This shall include, but is not necessarily limited to, the general
management of play on the course, golf course monitoring (ranger/marshal function),
operation of the driving range, power golf cart preparation return and inspection and
rentals, golf lessons/instructions, collection, accounting, and remittance of City fees and
charges, sale of golf merchandise and golf services to the customers, golf club repair,
tournament and league coordination, overall clubhouse management and clubhouse
janitorial services, daily cleaning of all outside entrance areas and golf cart staging area,
snack bar concession services, and all other golf related operations except for course
maintenance.
2. The duration of the agreement will be for the remainder of the year 2009, with four possible
annual renewal options (if desired by both parties) for the years 2010, 2011, 2012 and
2013; with a possible extension of the original five-year term for up to five additional years
if performance is satisfactory and subject to City Council approval.
3. The Golf Professional must be a PGA Class "A" member or the equivalent, in good
standing at the time the Agreement is signed and throughout the duration of the
Agreement, or someone currently in the Program eligible to become a "Class A" member
within the initial term of the Agreement; and should have been in this or related business
for at least two (2) years within the past five (5) years, or have sufficient other similar past
experience which would satisfy this requirement in the judgment of the Committee. In
addition, the City will initially conduct a standard background check of the Golf
Professional/Concessionaire, as defined.
4. The financial condition of the Golf Professional/Concessionaire must be of such standing
that he/she will be able to initially open and operate the City Park Nine Pro Shop,
Concessions, and Driving Range, starting approximately March 1, 2009, or when the
Agreement officially commences. No later than May 1, 2009, all phases must be fully
operational including the acquisition of and maintaining of an adequate stock of golf
merchandise, supplies, inventory, rental equipment, range balls, food and beverage, etc.,
as necessary to meet the demands of the customers at City Park Nine Golf Course. The
Golf Professional/Concessionaire must also be able as of March 1, 2009 (or when the
Agreement officially commences) to hire and pay the wages, Workers' Compensation,
Social Security, payroll taxes, benefits, or other employment -related compensation for any
and all employees or volunteers of the Golf Professional/Concessionaire necessary for
the operation of City Park Nine Golf Course, as well as any or all other taxes, including
Possessory Interest Taxes, that might be required by government authorities; and that the
Golf Professional/Concessionaire must be able to make application for and pay for all
necessary permits, licenses, and fees in order to operate legally at City Park Nine Golf
Course through the year 2013 if the four renewal options (if desired by both parties) are
exercised; and must obtain a City Optional Premises Liquor License for beverage sale and
consumption. The premises of the License is defined as the Golf Clubhouse, patio, and
the entire golf course grounds of City Park Nine Golf Course. Any such licenses held by the
Golf Professional/Concessionaire in connection with this Agreement shall be surrendered
by the Golf Professional/Concessionaire upon termination of this Agreement; and Tangible
proof of financial ability will be required if you are interviewed.
5. City Park Nine Golf Course, the Pro Shop, and Driving Range must be opened daily for
business from at least 6:00 a.m. through sundown (as long as golfers are on the course)
for the months of April, May, June, July, August, and September; and must be opened daily
for business from at least 8:00 a.m. to sundown (as long as golfers are on the course) for
the months of October, November, December, January, February, and March; it being
understood that City Park Nine shall be open and closed, subject to the City's consent, as
weather and course play dictates.
6. Insurance Requirements.
A. The Golf Professional/Concessionaire will provide from insurance companies,
acceptable to the City, the insurance coverage designated hereinafter and pay all
costs. The Golf Professional/Concessionaire also indemnifies the City. Before
commencing work under this Request for Proposal, the . Golf
Professional/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 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 Golf Professional/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 the Golf
Professional/Concessionaire under this agreement. The City, its officers, agents, and
employees shall be named as additional insurers on the Golf
Professional/Concessionaire's general liability insurance policy for any claims arising
out of work performed under this agreement.
B. Insurance coverages shall be in the following insurance limits:
$1,000,000 -- Liquor Liability, per occurance
$1,000,000 -- Commercial General Liability with Combined Single Limit; $2,000,000
Aggregate
Statutory -- Workers' Compensation Coverage A
$100,000/$500,000/$100,000 -- Workers' Compensation Coverage B
$1,000,000 -- Products Liability
In the event any work under this agreement is performed by a subcontractor, the Golf
Professional/Concessionaire shall be responsible for any liability directly or indirectly
arising out of the work performed under this agreement by a subcontractor, which
liability is not covered by the subcontractor's insurance.