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CB AND POTTS - CONTRACT - BID - 7090 COLLINDALE RESTAURANT CONCESSIONAIRE
COLLINDALE GOLF COURSE RESTAURANT/SNACK BAR CONCESSION AGREEMENT This Collindale Golf Course Restaurant/Snack Bar Concession Agreement (the "Agreement"), is made and entered into as of the 15 day of December, 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 (the "City"), and Collindale 57, L.L.C., a Washington limited liability company, d/b/a C.B. & Potts whose principal offices are at 1415 W. Elizabeth, Fort Collins, CO 80521 (the "Concessionaire"). ARTICLE 1 Concession Space 1.1 Definition of Concession Space. For the purposes of this Agreement, the "Concession Space" means the following areas at the Collindale Golf Course, 1441 East Horsetooth Road: 1.1.1 The kitchen, bar, and wait area on the main floor of the Collindale Clubhouse building as depicted on Exhibit E attached hereto and incorporated herein by this reference. 1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession Space for the purpose of offering food, non-alcoholic beverages, licensed alcoholic beverages, and related services primarily to golfers using the Collindale Golf Course and, incidentally, to the public. ARTICLE 2 Concessionaire's Use of the Clubhouse and the Concession Space 2.1 In General. Subject to other limitations expressed in this Agreement, the City grants to Concessionaire the right to exclusive use of the Concession Space and the right to use in common with others the public areas of the Clubhouse building and the grounds of the Collindale Golf Course in conjunction with its food and beverage operations (and for no other purpose) in such spaces and manner as may be prescribed by the City. 2.2 Smoking. Smoking instruments and tobacco products of any kind will not be sold or otherwise supplied by Concessionaire at Collindale golf course. Smoking is not permitted in any areas of the clubhouse, on the adjacent patio or within 20 feet of entrances. Concessionaire shall comply with any other requirements of applicable Fort Collins City ordinances and Colorado state law regarding smoking and tobacco products. 7.2 Busing and Janitorial Services. During the term of the Agreement, Concessionaire shall provide busing and janitorial services described in Section 8.3, at the Concession Space and in designated locations of the Clubhouse and Patio. 7.3 Time of Payment. The Concessionaire shall pay the Concession Fee every 4 weeks no later than fifteen (15) days after the 4 week period. 7.4 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due amounts at the rate of eighteen percent (18%) per annum from the due date, until paid. 7.5 Method of Payment. Payment for all fees under Article 7 shall be by check or money order payable to the order of "City of Fort Collins-- Golf' and shall be mailed or personally delivered to the Accounting Department at 215 N Mason St, P.O. Box 580, Fort Collins, Colorado, 80522. ARTICLE 8 Utilities, Maintenance and Janitorial Duties 8.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash collection, recycling, basic clubhouse security system. The Concessionaire shall pay 25% of the natural gas and electric services to the Clubhouse building and that payment shall be due by the 15th of each month for previous month usage. 8.2 Maintenance and Repair. The City shall maintain and repair the Clubhouse building and Concession Space. The City shall be responsible for all repairs to City•kitchen equipment and fixtures (defined in Article 9 and listed in Exhibit D) until May 1, 2010. After May 1, 2010, the City and Concessionaire will share the cost of repair of that City kitchen equipment and fixtures (defined in Article 9 and listed in Exhibit D) on a 50/50 basis. Concessionaire shall submit all requests for repairs or maintenance to the City Representative. Notwithstanding anything to the contrary contained herein, the City shall not in any way be liable to the Concessionaire for failure to make repairs as herein specifically required of it unless the Concessionaire has previously notified the City in writing of a need for such repairs, and the City has failed to commence and complete said repairs within a reasonable period of time following receipt of the Concessionaire's written notification. 8.2.1 The Concessionaire shall neither hold nor attempt to hold the City liable for any injury or damage, either approximate or remote, occasioned through or caused by defective electrical wiring or the breaking or stoppage of plumbing or sewage upon the Concession Space/Area, whether said breakage or stoppage results from freezing or otherwise. 8.3 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space and its fixtures clean and in good sanitary condition as required by the ordinances, resolutions, statutes $2 Off Full Size Appetizers During Happy Hour And Late Night 10pm - Close POTTS FAVORITES PLATTER • Potato Skins, Mozzarella Sticks, Mini Cheese Quesadilla, Calamari and Buffalo Tenders served with a variety of sauces.13.99 Add Spinach & Artichoke Dip 5.99 NACHOS DELUXE • Choice of Chicken, Beef or Combination with black beans, Cheddar Jack cheese, jalapeno, shredded lettuce, tomato, green onion. Salsa, sour cream and guacamole. 9.99 POTTS WINGS • All natural wings. Choose from Buffalo (Frank's Red Hot), BBO, Teriyaki, Diablo or Honey Chipotle. Ranch or blue cheese dressing with celery sticks. 9.99 GOLDEN MOZZARELLA • Sargento premium Mozzarella, rolled in bread crumbs. Warm garlic marinara. 6.99 HUMMUS & VEGGIES • Garbanzo beans, garlic and fresh lemon. With fresh -cut vegetables and flat bread 7.99 POTTS ONION RINGS • Thick sliced, cooked golden, with rosette sauce. 6.99 BUTTFACE AMBER ALE BEER CHEESE DIP Made with Buttface Amber Ale, Wisconsin Cheddar, Pepperjack cheese, cilantro, green onion & garlic, finished in an iron skillet. Flatbread and tortilla chips. 7.99 Add Rock Shrimp 3.99 LOADED WAFFLE FRIES • Cheddar Jack cheese, chopped hickory smoked bacon, sliced green onion and garlic sour cream. 7.99 Available with Potts Chips 6.99 FAJITA CHICKEN QUESADILLAS • Seasoned grilled chicken, Cheddar and Jack cheese, onion, peppers grilled in a large flour tortilla. With salsa, pico de gallo and sour cream. 9.99 BUFFALO STYLE CHICKEN TENDERS Tossed in Frank's Red Hot sauce. Ranch or blue cheese dressing, carrots and celery. 9.99 GOLDEN CALAMARI • All natural calamari steak strips, tossed in seasoned flour, cooked golden. Chili Pepper Thai and Rosette sauces. 9.99 POTATO SKINS • Cheddar Jack cheese, bacon, chives and garlic sour cream sauce. 7.99 SPINACH &ARTICHOKE DIP Spinach, artichoke hearts and roasted red pepper in creamy cheese sauce with garlic crostini. 8.99 14 9CO 0 0 POTTTTS- RESTAURANT & BREWERY AT COLLINDALE GOLF COURSE Potts Collindale Clubhouse Menu will include some of the current menu offerings from our Colorado C.B. & Potts based on the Collindale kitchen functionality. The Following Is A Sampling Of Our CurrentMenu CB&POTTS GIFT CARDS i CB&Potts gift cards are available through our website, where you can purchase and reload gift cards to use at any one of our your favorite locations. Register your gift card to help protect its value. 4 Visit w wrcbpottscomfordetails. V ,,.. ., -M*>� •�:.-tea; JOIN ' \ ' CLUB! As a member of our MVP club, you will be one of the first to know all about our lip special promotions, offers & events via email. Visit wwwcbpotts.com LOCATIONS DENVER 6575 S GREENWOOD PLAZA BLvD I ENGLEWOOD 1303.770.1982 WESTMINSTER 1257 WEST 120TH AvE I WESTMINSTER 1303.451.5767 HIGHLANDS RANCH 43 W CENTENNIAL PARK I HIGHLANDS RANCH 1720.344.1200 FLATIRONS 555 ZANG STREET I BROOMFIELD 1720.887,3383 FORT COLLI NS 1415 W ELIZABETH I FORT COLLINS 1970.221.1139 15 Shareable APPETIZERS �► We use trans -fat free soybean oil BUFFALO WINGS All -natural wings, choice of sauce: BBQI Teriyaki I Diablo I Frank's Red Hot Sauce I Honey-Chipotle. With blue cheese or ranch dressing, celerysticks 9.99 GOLDEN CALAMARI All natural, calamari steak strips, tossed in seasoned flour, cooked golden. Chili pepper Thai & Rosette sauce 9.99 NACHOS DELUXE Choice of CHICKEN, BEEF or COMBINATION. Black beans, Cheddar Jack cheese, jalapeno, shredded lettuce, tomato, green onion. Sour cream, salsa &guacamole 9.99 HUMMUS & VEGGIES Garbanzo beans, garlic, fresh lemon. With fresh -cut vegetables, flat bread 7.99 LOADED WAFFLE FRIES Cheddar jack cheese, chopped hickory smoked bacon, sliced green onion. Garlic sour cream 7.99 Available with POTTS CHIPS 6.99 POTTS FAVORITES PLATTER Served with a variety of sauces 13.99 Potato Skins I Mozzarella Sticks I Calamari Mini Cheese Quesadilla I Buffalo Tenders Add SPINACH &ARTICHOKE DIP 5.99 SPINACH &ARTICHOKE DIP Spinach, artichoke heart and roasted red pepper in creamy cheese sauce with garlic crostini 8.99 BUTTFACE AMBER ALE BEER CHEESE DIP Made with BUTTFACE AMBER ALE, Wisconsin Cheddar, Pepperjack cheese, cilantro, green onion and garlic, finished in an iron skillet. Flat bread & tortilla chips 7.99 Add ROCK SHRIMP 3.99 FAJITAQUESADILLA Seasoned grilled chicken, Cheddar and Jack cheese, onion, peppers grilled in a large flour tortilla. With salsa, pico de gallo and sour cream 999 GOLDEN MOZZARELLA Sargento premium Mozzarella, rolled in bread crumbs. Warm garlic marinara 6.99 BUFFALO STYLE CHICKEN TENDERS Tossed in Frank's Red Hot sauce. Blue cheese or ranch dressing, carrots & celery 9.99 POTATO SKINS Cheddarjack cheese, bacon, chives. Garlicsour Cream -sauce 799 POTTS ONION RINGS Thick sliced, cooked golden, with rosette sauce 6.99 SMALL BITES Small versions of our most popular appetizers, perfect for one 5.99 each POTATO SKINS I MOZZARELLA STICKS I CALAMARI I BUFFALO WINGS I NACHOS BUFFALO STYLE CHICKEN TENDERS I FAJITA CHICKEN QUESADILLA I SPINACH & ARTICHOKE DIP Make it a Meal: Add CUP OF SOUP I HOUSE SALAD I CAESAR SALAD S2.79 each ENTREE SALADS POTTS SALAD DRESSINGS Serrano Grape (Low Cal, Low Fat) I Champagne Vinaigrette I Thousand Island I Ranch I Creamy Cucumber (Low Cal) I Peanut Ginger I Ginger I Caesar I Tarragon Vinaigrette I Blue Cheese I Honey Mustard I Oil & Vinegar I White Balsamic Vinaigrette I Chipotle Ranch ZESTY BUFFALO CHICKEN Buffalo style julienne chicken tenderloins, tossed in Frank's Red Hot sauce, over greens, red cabbage, pepperjack, corn, pico de gallo. Chipotle ranch 10.99 Choose GRILLED or CRISPY Chicken BIG HORN SALAD Fresh greens, sun-dried tomato, artichoke heart, tomato, hard -cooked egg wedge, crumbled feta cheese. Balsamic vinaigrette, slivered almonds and croutons 9.99 TOP YOUR BIG HORN SALAD Grilled or Blackened CHICKEN BREAST 2.99 Grilled or Blackened WILD SOCKEYE SALMON 6.99 POTTS CAESAR Romaine, rosemary garlic croutons, Caesar dressing, shredded Parmesan 7.99 TOP YOUR CAESAR SALAD Grilled or Blackened CHICKEN BREAST 2.99 Grilled or Blackened WILD SOCKEYE SALMON 6.99 CHICKEN ALMOND Oven -roasted marinated chicken, green -leaf lettuce, matchstick carrot, red bell pepper, toasted almond, crisp rice noodle, ginger dressing, sesame seeds 9.99 THAI CHICKEN SALAD Grilled,sliced chicken breast, green -leaf and Romaine, red bell, celery, cilantro, wontons, crisp rice noodle, pineapple - mango salsa. Peanut Ginger dressing 11.99 FIESTA TACO CHICKEN or BEEF taco meat in a tortilla bowl with lettuce, guacamole, sour cream, Cheddar cheese, cilantro, green onion & Pico de Gallo. With ranch dressing and salsa 10.99 COBB Diced chicken, avocado, chopped hickory smoked bacon, chopped boiled egg, crumbled Gorgonzola, tomato, shredded iceberg lettuce. Choice of dressing 10.99 r "Consuming raw or under cooked food mayincrease your risk to food borne illness." We use nuts and nut based oils in some ofourmenu items. Ifyouare allergic tonuts orany other foods, please let usknow, FTC8109 STEAKS* Hand Selected I Certified Midwest Corn -Fed Beef I Aged For Tenderness All Steak Selections Served With CHOICE OF FRIES, HouSE VEGETABLE, BAKED POTATO or CHEFS POTATOES POTTS SPECIAL SIRLOIN 8oz cut, lightly seasoned, grilled 12.99 DOUBLE THE STEAK 6.99 4-BREWERS STEAK VVVV 8oz sirloin, Bic HORN PORTER marinated 12 hours! With golden onion crisps 15.99 FOR YOUR STEAK 99C Dressyour steakwith one ofour signature accompaniments ZESTYRUB I TERIYAKI I PEPPERED PREMIUM TOPPINGS & SIDES CARAMELIZED ONIONS 1.99 SAUTEED DEMIMUSHROOMS 1.99 1 POTTS FRIED PRAWNS 6.99 TOTAL DISORDER PORTER DEMI 1.99 1 GRILLED SALMON 6.99 SEAFOOD Locally & Globally Sourced I All Natural & Wild I Sustainable ALASKA WILD SOCKEYE SALMON Boneless fillet, troll caught, all -natural and wild. Served with seasonal rice. SIMPLYGRILLED rose mary butter, vegetables 16.99 BLACKENED Cajun spices, lemon butter sauce, vegetables 17.99 POTTSJUMBO FRIED PRAWNS World renowned Sinaloa prawns, tail on, batter -dipped, rolled in panko bread crumbs, cooked golden. Horseradish cocktail sauce, slaw and house fries 13.99 1�1PACIFIC ROCK SHRIMP FAJITAS 8ic HORN BUTTFACE AMBER ALE marinated shrimp, pan -sauteed with lime -cilantro sauce, onion, red pepper and Anaheim pepper. Guacamole, sour cream, pico de gallo, shredded Cheddar Jack, flour tortillas 15,99 Add SEASONAL RICE & BLACK BEANS 199 &FISH & CHIPS VT "Alaska Arctic Cod dipped in HEFEWEIZEN Beer batter, cooked golden. Tartar sauce, slaw and house fries 11.99 HOVSEMADE PIZZA Our original beer dough is made with the award -winning Big Horn Hefeweizen. Made fresh daily. POTTS HAWAI IAN Canadian bacon, Italian sausage, pepperoni, pizza sauce Canadian bacon, pineapple, pizza sauce and four cheese and four cheese blend. 9.99 blend 8.99 SUPREME CHICKEN FLORENTINE Pepperoni, sausage, red onion, green pepper, mushroom, Alfredo sauce, oven roasted chicken, fresh spinach, Italian Tuscan meat blend, pizza sauce and four cheese mushrooms, Spanish artichokes, pepperjack, cheddar and blend 9.99 Montereyjadc cheese blend with fire roasted red peppers. S 99 VEGGIE DELIGHT BBQCHICKEN Alfredo sauce, mushroom, artichoke heart, sundried BBQsauce, red onion, grilled chicken, cilantro and four tomato, spinach, basil, feta and four cheese blend 9.99 cheese blend 8.99 POTTS CALZON ES Our original beer dough is made with the award -winning Big Horn Hefeweizen. Made fresh daily. POTTS Canadian bacon, Italian sausage, pepperoni, ricotta cheese and four cheese blend. Served with garlic marinas 10.99 SUPREME Pepperoni, sausage, red onion, green pepper, ricotta cheese, mushroom, Italian Tuscan meat blend and four cheese blend. Served with garlic marinara 10.99 VEGGIE DELIGHT Mushroom, artichoke heart, sundried tomato, spinach, basil, fera, ricotta cheese and four cheese blend. Served with garlic marinara 10.99 HAWAI IAN Canadian bacon, pineapple, ricotta cheese and four cheese blend. Served with garlic marinas 999 CHICKEN FLORENTINE Oven roasted chicken, fresh spinach, mushrooms, Spanish artichokes, ricotta cheese, pepperjack and cheddar Montereyjack cheese blend with fire roasted red peppers. Served with garlic marinara. 10.99 BBQCHICKEN BBQsauce, red onion, grilled chicken, cilantro, ricotta cheese & four cheese blend. Served with garlic marinara 9,99 FTC 09 17 All BURGER selections served with your choice of HOUSE FRIES I HOUSEMADE POTTS CHIPS I FIRESIDE BEANS I COLESLAW Substitute: SWEET POTATO FRIES .49 I WAFFLE FRIES .49 I THICK -CUT ONION {ZINGS .49 AWARD WINNING BURGERS' 100% PURE BEEF Always Fresh, Never Frozen I Cooked To Order I Available Low-Carb Substitute: Turkey Burger, Veggie Burger or Buffalo Burger POTTS SLIDERS Ketchup, mustard, Cheddar and pickle chips 8.99 Add a HOUSE or CAESAR salad 2.79 TUMBLEWEED Topped with spicy onion crisps & Anaheim pepper straws. With zesty chipotle ranch sauce 999 POTTS PATTY MELT Swiss cheese, grilled onion, Thousand Island dressing, on rye 9.49 BBQBACON CHEDDAR Canadian bacon, Cheddar, hickory smoked bacon, BBQsauce, lettuce and tomato 9.99 ALL AMERICAN Onion, lettuce, tomato, ketchup, mustard, mayonnaise, pickle chips 8.49 Add CHEESE or BACON .99 each GARLIC SWISS Savory caramelized onion &oven -roasted garlic, Swiss cheese, roasted garlic mayo, lettuce 9.99 BOURBON BLACKJACK Rolled in cracked black pepper. Pepperjack cheese, whiskey mustard, lettuce, tomato & onion 999 BORDER Guacamole, hickory smoked bacon, Pepperjack, jalapenos, salsa, lettuce and tomato 9.99 BACON CHEDDAR Hickory smoked Bacon, Cheddar, lettuce, tomato, onion and mayonnaise 8.99 Add SAUTEED MUSHROOMS .99 SMOKEY CHEDDAR BACON Wisconsin smoked Cheddar, honey -peppered bacon, lettuce, tomato, onion and mayonnaise 9.99 BLUE LOUIE Grilled & finished with Frank's Red Hot sauce, crumbled Gorgonzola, savory blue cheese mayo, lettuce 9.99 EXTREME MILE HIGH BURGER One Pounder with mayonnaise, lettuce, onion and tomato on our giant bun 12.99 Add CHEESE .99 MILE HIGH CHALLENGE Eat .3 Mile High Burgers with all the fixings within a hour and get it FREE! BLACK ANGUS PRIME BEEF USDA BlackAngus I Midwest Corn -Fed I Cooked to Order PRIME CHEESEBURGER Wisconsin smoked Cheddar, mayonnaise, leaf lettuce tomato, onion 12,99 Add BACON 99 READY FOR PRIME TIME Gorgonzola, hickory smoked bacon, sauteed mushrooms, blue cheese mayonnaise, lettuce, tomato 13.99 TOTAL DISORDER PORTER PRIME Southern bbq rubbed, Black & Bleu slaw, chipotle mayo, caramelized bbq onion, horseradish Havarti 13.99 CHICKEN SANDWICHES All CHICKEN SANDWICH selections served withchoice of HOUSE FRIES I Hou$EMADE POTTS CHIPS I FIRESIDE BEANS I COLESLAW SUbstitUte: SWEET POTATO FRIES .49 1 WAFFLE FRIES .49 I THICK -CUT ONION {ZINGS .49 AMBER ALE MARINATED Porter bbq sauce, slaw, tomato, onion crisps, roasted tomato-chipotle mayo 10.99 SIMPLY GRILLED Lightly seasoned, lettuce, tomato, Swiss cheese and mayonnaise 8.99 RANCH STYLE Monterey Jack, ranch dressing, lettuce, bacon, tomato 9.99 BUFFALO STYLE Frank's Red Hot sauce, blue cheese mayo, Pico de gallo, lettuce, Gorgonzola 9.99 FTC a/09 In SANDWICHES All SANDWICH selectior6 served \Kith your choiceof: HOUSE FRIES I HOUSEMADE POTTS CHIPS I FIRESIDE BEANS I COLESLAW Substitute: SWEET POTATO FRIES .49 1 WAFFLE FRIES .49 1 THICK -Cur ONION RINGS .49 MONTE CRISTO Ham, turkey, Swiss and Cheddar dipped in egg and grilled. Dusted with powder sugar. Raspberry jam 9.99 POTTS GRAND REUBEN NO SOLI Corned beef piled high, horseradish -chive Havarti, sauerkraut, horseradish cream and thousand Island sauce on rye 1199 FRENCH DIP Sliced roast beef on a French baguette, with au jus 9.99 Add CHEESE, GRILLED ONION Or SAUTEED MUSHROOM .99 ea QLBLACK & BLUE STEAK SAN DW I C H * Top Sirloin marinated in Bic HORN PORTER, tomato hickory sauce, molasses and herbs. Grilled and basted with Porter bbq sauce, sliced thin on a garlic baguette, black & blue slaw, roasted tomato-chipotle mayonnaise, tomato and Cajun fire onion '14.99 PHILLY Thinly shaved steak grilled with pepper, onion & banana pepper. Topped with Swiss cheese on a French baguette 10.99 TURKEY HAVARTI MELT Sliced turkey breast on grilled white bread, Havartl cheese, garlic mayonnaise, tomato and hickory smoked bacon 10.99 Add AvoCADO.99 LIVEN BAKED FOCACCIA CLUB Ham, turkey, Mozzarella, hickory -smoked bacon, tomato, onion and Caesar dressing on focaccfa bread. Finished in the oven 10.99 BOURBON BBQMEATLOAF Grilled over high heat, smothered with bourbon bbq glaze. On old-fashioned white bread, horseradish -chive Havarti and onion crisps 11.99 BBQ PULLED PORK BOMBER Slow -roasted, bbq rubbed, tender pulled pork combined with bourbon bbq sauce, piled high over black & blue slaw, on our giant bun 12.99 CLUBHOUSE Bacon, ham, turkey, lettuce, tomato, Swiss & Cheddarcheese and mayo on toasted white bread 9.99 Add AVOCADO.99 CHICKEN TERIYAKI GLAZED CHICKEN Flame -broiled with stir -fried vegetables, sesame seeds, grilled vegetable rice. Sweet chile sauce 11.99 gsCHICKEN WITH PORTER MUSHROOM SAUCE CHICKEN TENDERLOINS Fan -seared, topped with mushrooms sauteed in TOTAL All white meat chicken tenderloins, with fries and choice DISORDER PORTER garlic demi-glace. Chef's potatoes of sauce: Ranch I Baby Ray's BBQ I Honey Mustard and vegetables 12.99 GRILLED Or CRISPY, cooked golden 11.99 FAVORITES BAJA FISH TAcos Alaska Arctic Cod dipped in Hefeweizen Beer batter, cooked golden atop flour tortillas with creamy cucumber cabbage slaw and pico de gallo. Served with seasonal rice, black beans and salsa. Lime garnish 12.99 POTTS FAjaAS Served with guacamole, lettuce, pico de gallo, Cheddar - Jack cheese, sour cream, flour tortillas, wtth sizzling pepper and onion. ADD SEASONAL RICE & BLACK BEANS 1.99 AMBER ALE MARINATED CHICKEN 14.99 PACIFIC ROCK SHRIMP 15.99 PORTER MARI NATED SIRLOIN* 14.99 COMBO (Pick Any Two) 15.99 TUSCAN MEATLOAF Ground beef, veal, Italian sausage, bell pepper, onion and Dijon mustard seared with zesty steak rub, onion crisps and thyme garlic mushroom demi-glace. Served with Chef's Potatoes. 14.99 Bic RED BABY BACK RIBS Slow -roasted in our Bic RED ALE and flamie grilled. Basted with Sweet Baby Rays bbq sauce. With Fireside Beans, tole slaw and seasoned fries. 17.99 Bic HORN BEER INFUSED Look for the Potts to find Items prepared using our award -winning hand-crafted beerl "Anew experience found in every plate and pint" CuP 3.99 SOUP CALENDAR BOWL4.99 DAILY Big Horn Beer Cheese WEDNESDAY Spicy Mexican Tortilla SATURDAY Chef's Choice MONDAY Tomato Bisque THURSDAY Hearty Pot Roast & Vegetable SUNDAY Chef's Choice TUESDAY Chicken Noodle FRIDAY Potts Clam Chowder "'Consuming raw or under cooked food mayincrease your risk to food borne illness." We use nuts and nut based FTC art» oils In some of our menu items. If you are allergic to nuts or any other foods, please let us know. IN CCoM- P TTTT S. " I For Kids RESTAURANT &BREWERY � ■ 12 &Under Kids Combo Meals include: Veggie Appetizer, Side Dish, Beverage and a scoop of Vanilla Ice Cream for Dessert! Chicken Tenders (Choose Crispy or Grilled) • Mini Corn Dogs • Grilled Cheese Cheese Quesadilla • Chicken Quesadilla • Fish & Chips (or substitute choice of side dish) Chicken Sliders (Choose Crispy or Grilled) • Burger • Hot Dog ` Rising Stars Platter One Chicken Strip & Two Mozzarella Cheese Sticks with Dipping Sauce Side Dishes Vegetable Rice, Steamed Vegetable, Applesauce, Dole Mandarin Orange Gel Cup, Mashed Potatoes, French Fries, Ram Chips, Beverages Milk, Chocolate Milk, Minute Maid Lemonade, Big Horn Root Beer, Coca Cola, Diet Coke, Sprite, Dr. Pepper Includes Veggie Appetizer, Beverage and a scoop of Vanilla Ice Cream for Dessert! Buttered Pasta • Pasta Marinara • Pasta Alfredo • Macaroni & Cheese Chicken Almond Salad (Served with breadstick) • Cheese Pizza (Where Available) The above selections do not include side dish. we � � ."qPZ 14 moA L E Junior Steak • Junior Ribs • Popcorn Shrimp Bigger Bites include: Veggie Appetizer, Side Dish, Beverage and a scoop of Vanilla Ice Cream for Dessert! ��99 ��• II�rS With purchase of 1 j any Kids Meal Milkshakes �-- = Chocolate, Vanilla, 5trawberry Raspberry or Big Horn Root Beer Dirt Cups Chocolate or 5trawberry Strawberry Lemonade 41 Raspberry Lemonade Pima Colada Bia Horn Root Beer Float 20 Co 0 o& POTTTTS- RESTAURANT & BREWERY Banquet Options C.B. & Potts at Collindale appreciates your interest in our establishment for your special event. Potts at Collindale can accommodate large or small groups and is perfect for private parties, rehearsal dinners, city functions, business meetings, breakfast meetings, golfer outings, holiday parties and more. Our establishment will offer a unique dining and party experience with excellent food and beverage accompanied by remarkable service. With our experienced team of chefs and leaders, we can personalize any event to exceed your expectations. The Collindale banquet facilities can accommodate up to 100 people and we have the flexibility to customize any occasion with a variety of menu selections and enhancements. We can furnish any and all extra items for all your needs such as Power Point presentations, audio visual equipment and decor to suit your specific event. Menus can be provided upon request. 21 %O* 0 0& POTTTTS- RESTAURANT & BREWERY C.B. & Potts Fort Collins Pricing Liquor: Domestic Draft: Well $4.25 Dom Pint $3.75 Prem Well $4.99 Dom Mug $5.50 Call $4.99 Dom Pit $12.00 Ca112 $5.25 Ca113 $5.50 Big Horn Draft: Cal14 $5.75 Bigh Pint $4.25 Ca115 $6.00 Bigh Mug $5.50 Ca116 $6.25 Mug Club Fill $3.75 Ftr Mart $6.25 Big Skinny $3.50 Teas $5.50 Bigh Pit $12.00 Bottled Beer: Dom Btl $3.75 Wine: Imp Btl1 $4.50 Glass $6.50 - $10.00 Imp Bt12 $4.99 Bottle $21.00 - $33.00 ■■■■■■■■■■■■■■■■■■■■■■■■■■ Happy Hour $2.99 Potts Pints Domestic Drafts & Bottles Well Cocktails Guest's Taps $4.50 Potts & Domestic Mugs Margs I Teas I Martinis Premium Liquor House Wines by the Glass ■■■■■■■■■■■■■■■■■■■■■■■■■■ Proposed Cart Pricing Domestic Cans $3.00 Candy Bars $1.00 Micro Cans $4.00 Chips $1.00 Domestic 16 oz BTL $3.50 Cheese & Cracker $1.00 Well Liquors $4.25 Hot Dogs $4.00 $5.00 Premium Liquors $5.25 Brat Coffee/ Hot Chocolaty $1.50 Sandwiches $5.00 Vitamin Water $3.00 Trail Mix $2.00 Bottled Water $1.50 Larabars $2.00 Soda $2.00 Assorted Snacks $2.00 Arizona Teas 1 $3.00 Sport Drinks $2.50 22 OC�o 0 0& POTTTS- RESTAURANT & BREWERY C.B. & Potts Vendors Company First Namel Last Name I Address City State Zip Code I R Tonal 20/20 Window Cleaning Jim 4981 Malibu Dr. Berthoud CO 80513 Sheesley American Cleaning Valued Vendor PO Box 140926 Edgewater CO 80214 Sheesley American Linen Mark Pasci 5090 Cook Street Denver CO 80216 Sheesley Anderson Beef Paul Anderson PO Box 29700 Denver CO 80229 Sheesley Aspen Baking Company Valued Vendor 8025 E.40th Ave. Denver CO 80207 Sheesley Browning -Ferris Industries Valued Vendor PO Box 78029 Phoenix AZ 85062 Sheesley Clear Channel Valued Vendor 3936 Collection Center Dr. Chicago IL 60693 Sheesley Comcast Valued Vendor PO Box 173885 Denver CO 80217 Sheesley Commerical Appliance Valued Vendor PO Box 1855 Forney TX 75126 Sheesley CS Group Inc Valued Vendor PO Box 2071 Littleton CO 80161 Sheesley Dataworks Valued Vendor 4550 S Windemere St Englewood CO 80110 Sheesley Direct TV Valued Vendor PO Box 60036 Los Angeles CA 90060 Sheesley Dr. Vinyl of Denver Valued Vendor 3827 Collins St. Castle Rock CO 80104 Sheesley E Light Electric Services Valued Vendor 361 Inverness Dr. S., Ste B Englewood CO 80112 Sheesley Edwards Regfrigeration Valued Vendor 6712 N. Franklin Ave. Loveland CO 80538 Sheesley Euro Tech Equimpent Srvcs Valued Vendor 4231 Fall River Dr. Ft Collins CO 80526 Sheesley Fancy Box Hector Jimenez 2235 East 143rd Ave Brighton CO 80601 Sheesley Fort Collins Utilities Valued Vendor PO Box 1580 Ft Collins CO 80522 Sheesley Gardner Signs Valued Vendor 4215 Globeville Rd Denver CO 80216 Sheesley Gerards Bakery Michael Jacobs 4226 Weld Co Rd #22 Longmont CO 80504 Sheesley Grainger Valued Vendor 95 S Tejon St Denver CO 80223 Sheesley Hawkins Appliance Darrell 3000 South Wyandot Englewood CO 80110 Sheesley Ice-O-matic Brian McLaughlin 11100 East 45th Avenue Denver CO 80329 Sheesley J.E. & S Matt Pascal 465 S Pierce Ave St 1 Louisville CO 80027 Sheesley JO-ED Produce Valued Vendor 309 W. 9th St. Cheyenne WY 82007 Sheesley Orrison Distributing Valued Vendor 1111 Dunn Ave Cheyenne WY 82001 Sheesley Quality Pro Cleaning Mike 4120 E 105th Ave Thorton CO 80233 Sheesley Robinson Dairy Bob 646 Bryant St Denver CO 80204 Sheesley Rocky Mountain Business Lenny Kaye 2020 S Pontiac Way Denver CO 80224 Sheesley Rolling Stone, L.L.C. Valued Vendor 16793 E. Navarro Dr. Aurora CO 80013 Sheesley Satellite Center Valued Vendor 3000 Cortez Ft Collins CO 80525 Sheesley Security Link Valued Vendor 452 Sable Blvd, #G Aurora CO 80011 Sheesley Strassburg & Company Valued Vendor 1223 N. Rock Rd. Wichita KN 67206 Sheesley Superior Roofing Valued Vendor 14700 E 39th Ave Aurora CO 80011 Sheesley T.A.D. Mechanical Tad PO Box 621891 Littleton CO 80162 Sheesley Terminix Marvin Mueller 4665 Paris St., Unit 212-B Denver CO 80239 Sheesley Total Plumbing Rich 4701 North Colorado Blvd Denver CO 80216 Sheesley Tundra Specialties Rob Fenton PO Box 20670 Boulder CO 80308 Sheesley Window Pro Tim 4457 Clay Street Denver CO 80211 Sheesley York Distributing Valued Vendor 5885 Stapleton Dr North Denver CO 80216 Sheesley Young Electric Sign Co. Valued Vendor PO Box 390126 Denver CO 80239 Sheesley 23 and health, sanitary and police regulations of the City of Fort Collins, County of Larimer and State of Colorado. 8.3.1 Concessionaire shall thoroughly clean the entire Concession Space, including all equipment and fixtures, whether provided by the City or Concessionaire, the grills and exhaust, ovens, floors, sinks counters, refrigerators and all coils, at least four times per year at minimum on the following schedule: once prior to, once during, and once after the close of the April through September golf season, and one additional time during the October to March off-season. 8.3.2 Concessionaire is responsible for the ongoing cleanliness of the Concession Space in order to provide a clean and orderly appearance for golfers and the public, including but not limited to, busing and cleaning tables, chairs, patio deck, floor areas and common areas/hallways, removing trash accumulations to designated trash containers, and cleaning designated restrooms located in the clubhouse, and the patio deck. 8.3.3 Concessionaire is responsible for snow removal on the walks leading to the restaurant. The City will plow the parking lot when two or more inches of snow accumulate. ARTICLE 9 Acceptance and Trade Fixtures 9.1 Concession Space, City Equipment and Fixtures. In addition to the Concession Space, the City shall provide the following: 9.1.1 Existing equipment as listed on Exhibit "D", attached hereto and made a part hereof; 9.1.2 Lighting fixtures for general area illumination; and 9.1.3 Heat and air conditioning. 9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall acknowledge that it accepts the Concession Space as well as any City equipment and fixtures "as is." 9.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit "E", attached hereto and made a part hereof, no equipment, trade fixtures, signs or other personal property used by Concessionaire in its business, whether or not attached to the Clubhouse or any improvements thereon, shall be installed without the prior written approval of the City. (Nopo 0 o & P OTTTS- RESTAURANT & BREWERY C.B. & Potts Contact Information Kevin Sheesley Regional Manager/Partner C.B. & Potts 1415 W. Elizabeth Fort Collins, CO 80521 Cell: 970-222-1400 Restaurant: 970-221-1139 Gerard Boyle Area Manager C.B. & Potts 1415 W. Elizabeth Fort Collins, CO 80521 Restaurant: 970-221-1139 24 Co 0 0 & P OTTTTS- RESTAURANT & BREWERY Business Plan for 2010 The business plan for the Collindale C.B. & Potts is consistent with our current Colorado locations, and it will address the opportunities for improvement at Collindale. Our primary goal is to create a strong, lasting partnership with the City of Fort Collins, the Director of Parks, Golf Course Superintendent and the Collindale Golf Professional, by operating a profitable business that caters first and foremost to the golfing community. Our culture of gracious hospitality coupled with hands on leadership from a seasoned team of Potts operators will ensure all golfers and club house guests'needs are met. All guests'comments will be recognized and responded to. Our philosophy of "golfer first" attentiveness will only succeed if we listen to the needs and requests of the very people whom we serve. All Food and Beverage menu items will be priced in alignment with other local courses. Our internal systems and controls will insure consistency, quality and ongoing improvement. Simply put, hot food will be served hot, Cold drinks will be ice cold, the service will be friendly and attentive, and we will enjoy serving the Fort Collins golf community. We anticipate sales of over 1.5 million during our first calendar year. We have confidence that our reputation and commitment to excellence will result in increased rounds at Collindale. The off-peak months will allow us to increase previous years'dining room and banquet sales. Our fee structure as outlined on our annual payment schedule is conducive to a positive outcome for both C.B. & Potts and the City of Fort Collins. All financing for FF&E expenditures or startup costs from C.B. & Potts will be addressed internally. All operational needs will be sourced from within the company. 25 PROPOSAL 'PROPOSAL NO: 7090 Collindale Golf Course Restaurant/Snack Bar Concessionaire DATED THIS 19-1-tn DAY OF ► jo\/r,-vtia6-P,- , 2009 CONTRACT FOR SERVICES: Collindale Golf Course Restaurant/Snack Bar 1441 E. Horsetooth Road Fort Collins CO 80525 TO: City of Fort Collins Office of the Director of Purchasing and Risk Management 215 North Mason Street, 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 Concessionaire to operate the restaurant/snack bar food and beverage concession at Collindale Golf Course, having examined all documents, the concession site, and having become familiar with all the conditions existing and relative to same, hereby proposes to operate same in accordance with the proposal documents. 2. I/we acknowledge receipt of the following addenda and have included their provisions in the proposal: Addendum No. (1), Dated/U 0 , • I Z Addendum No.( ),Dated 3. In submitting this proposal, the undersigned warrants that he/she has complied with all the provisions of the "Request for Proposals, Instructions, and Specifications," and can furnish the labor and materials and business acumen to carry out the concession operation in all respects, as specified in the proposal documents. 4. The undersigned submits the following proposal, which includes all permits, licenses, insurance, fees, and taxes, etc., included in the following documents, fully completed, as a condition of submitting an acceptable proposal: 1. Proposal Questionnaire. 2. The Proposal Form/Addendum Acknowledgment Page. 3. An Annual Payment Schedule Statement to the City. Remittance will be made to the City on a monthly basis by the 15 for sales from the previous month. 4. Proposed Menu. 5. List of vendors you will be conducting business with. 6. Contact person who will be in charge on site. 7. Business Plan for 2010. 8. How do you propose to finance the operation. 5. The undersigned also agrees that he/she will not withdraw his/her proposal for a period of sixty (60) days from the closing date for receiving proposals. Respectfully s M re Address: 14kC-2 W • E-(,177- -E%k(- co �sr�52 i Print Name REalo Me- Phone: Title 9.4 Removal of Equipment, Trade Fixtures. Concessionaire shall have the right at any time during the term of this Agreement or upon termination and within ten (10) days thereafter, to remove all trade fixtures, equipment and other personal property subject to any valid lien the City may have thereon for unpaid rents or installation of equipment in lieu of Concession Fee pursuant to Article 7. Any property not so removed by Concessionaire upon termination shall become a part of the realty on which it is located and title thereto shall vest in the City. 9.5 Title to Improvements. Upon installation or erection of Improvements, such improvements (but excluding any of Concessionaire's personal property and trade fixtures which are attached or affixed thereto) shall become a part of the realty upon which they are erected and title thereto shall vest in the City. Upon vesting, the Improvements become part of the Concession Space and are subject to the terms applicable to the Concession Space within this Agreement. 9.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal property installed by Concessionaire shall be subject to and conform in all respects to the applicable statutes, ordinances, building codes, rules and regulations of all governmental agencies which have jurisdiction over such matters. ARTICLE 10 Damage by Concessionaire The Concessionaire shall be liable for and shall repair, replace or cause to be repaired or replaced within fifteen.(15) days after occurrence, any damage to the Clubhouse, including the Concession Space, or to City's property, equipment and fixtures (defined in Article 9) caused by Concessionaire, its officers, agents, employees or anyone acting under its direction and control, ordinary wear and tear excepted. All repairs or replacements shall be made promptly and when necessary and shall be in a quality and of a class at least equal to the original. If the damage for which Concessionaire is liable is to the Concession Space, Concessionaire shall continue to be liable for all rent/fees owed for the Concession Space. ARTICLE 11 Total or Partial Destruction 11.1 Concession Space or Other Major Component Rendered Untenantable. In case, during the term of this Agreement, the Concession Space, Clubhouse, Golf Course or any principal part of any one of them shall be destroyed or shall be so damaged by fire, flood or other casualty so as to be rendered untenantable or unusable as determined by the City: 11.1.1 Then, in such event, at the option of the City or Concessionaire, the term hereby created shall cease; and this Agreement shall become null and void from the date of such damage or destruction; and Concessionaire shall immediately surrender the Concession Space and its interest therein to the City; provided, however, that the City or Concessionaire shall exercise such option to so terminate this Agreement by notice, in writing, delivered to the other party within thirty (30) days after the City's determination of untenantability or unusability. 11.1.2 In the event neither the City nor Concessionaire shall elect to terminate this Agreement, this Agreement shall continue in full force and effect; and the City shall repair the Concession Space, Clubhouse, or Golf Course excluding Improvements or equipment, signs, trade fixtures or other personal property installed by Concessionaire, with all reasonable speed, placing the same in as good a condition as it was at the time of the damage or destruction. 11.2 Concession Space Only Untenantable. In the event of destruction rendering only the Concession Space untenantable, the City shall endeavor, but not be obligated to make substitute premises available for Concessionaire's use. During any period of use by Concessionaire of such substitute Concession Space, the City may direct that the Concessionaire's Fee shall be abated proportionately. 11.3 Components Tenantable. If the Clubhouse, Concession Space or Golf Course shall be only injured by fire or the elements to such extent so as not to render the same untenantable and unfit for use and occupancy, the City shall repair the same with all reasonable speed. 11.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction, Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment and other items of its personal property within five (5) days after request being made by the City. 11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused by Concessionaire as more specifically addressed in Article 10 of this Agreement, the provisions of Article 10 shall govern in any conflict between Article 10 and Article 11. 11.6 No Claim by Concessionaire. No compensation or claim shall be made by or allowed to Concessionaire by reason of any inconvenience or annoyance arising from the necessity of repairing any portion of the Clubhouse or Collindale Golf Course, however the necessity may occur. ARTICLE 12 Indemnification and Insurance 12.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever or whatsoever as a result of any operations, works, acts or omissions performed within Collindale Golf Course and Clubhouse by Concessionaire, its agents, employees or contractors unless caused by the negligence or willful misconduct of the City, its employees, agents or contractors. 12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City harmless from all claims, demands, judgments, costs and expenses, and legal fees including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by any person by reason of injury to or death of any individual person or persons, or by reason of damage to, destruction or loss of use of any property, including City's personnel and City's property, directly or indirectly arising out of, resulting from or occurring in connection with any operations, works, acts or omissions of Concessionaire. As used herein, the term "Concessionaire" includes the respective directors, officers, agents, employees, contractors and subcontractors of Concessionaire. In the event a subcontractor performs any work under this Agreement, the Concessionaire shall be responsible for any liability directly or indirectly arising out of the work performed by such subcontractor. 12.3 Intellectual Property Representation. Concessionaire represents that it is the owner of or is fully authorized to use any and all services, processes, machines, articles, makes, names or slogans used by it in its operation or in any way connected with this Agreement. 12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations hereunder, the Concessionaire shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement as specified in Exhibit "F", which is attached hereto and incorporated herein by this reference. 12.5 Precautions Against Injury. The Concessionaire shall take reasonable precautions in performing the operations hereunder to prevent injury to persons and property. 12.6 Failure to Insure. Neither the failure of Concessionaire to take out and/or maintain, nor the taking out and/or maintenance of any required insurance shall relieve Concessionaire from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations of Concessionaire concerning indemnification. In the event the Concessionaire fails to maintain insurance required hereunder, the City may, at its option, take out and maintain at the expense of the Concessionaire such insurance as the City may deem proper. The City may offset the cost of any such insurance from any monies that may be due or become due to the Concessionaire under this Agreement. ARTICLE 13 No Interest in Real Property Concessionaire agrees that this Agreement constitutes merely a right to use and occupy the Concession Space for a limited purpose and does not create or convey to Concessionaire any interest in real property. ARTICLE 14 Assignment The Concessionaire shall not assign this Agreement, sublet or otherwise allow any person to take possession of all or any portion of the Concession Space without prior written consent of the City. Any transfer of Concessionaire's interest by operation of law, merger, consolidation, or other method is void and ineffective unless Concessionaire obtains written consent of the City. ARTICLE 15 Right of City to Enter, Inspect and Make Repairs 15.1 In General. City and its authorized employees, agents, contractors and other representatives shall have the right (at such times as may be reasonable under the circumstances and with as little interruption to Concessionaire's operation as is reasonably practicable) to enter upon any part of the Concession Space for the following purposes: 15.1.1 To inspect such premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Concessionaire has complied with and is complying with the terms and conditions of this Agreement with respect to the premises; 15.1.2 To perform or cause to be performed maintenance and make repairs and replacements: and 15.1.3 To make structural additions and alterations. 15.2 Obstruction by City. All entries made for the purposes enumerated above shall, except as otherwise provided in Article 11, Total or Partial Destruction, be without abatement of rent for damage for inconvenience. However, in the event any entry by City in the Concession Space for the purpose of making repairs or alterations as provided for in Section 15.1.2 above (other than repairs necessitated as a result of damage by Concessionaire under Article 10) constitutes a substantial obstruction to and impairment of Concessionaire's right of use of such Concession Space, then Concessionaire shall be entitled to a fair and just abatement of the rent/fees for such premises during the period required by City to make such repairs. 15.3 Obstruction by Concessionaire. In the event that any personal property of Concessionaire shall obstruct the access of the City, its officers, employees, agents or contractors, or a utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Concessionaire shall move such property, as directed by the City or utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Concessionaire shall fail to so move such property after direction from the City or said utility company to do so, the City or the utility company may move it without liability for damage sustained in moving. 15.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article, by the City, or others under right of the City, shall not be, nor be construed to be, an eviction of Concessionaire, nor be made the grounds for any abatement of rental nor any claim or demand for damages against the City, consequential or otherwise, except claims for damages to person or property caused solely by the negligence of the City. ARTICLE 16 Default, Rights of Termination 16.1 Default by Concessionaire. Time of payment and performance is of the essence of this Agreement. Concessionaire shall be in default under this Agreement upon the occurrence of any one or more of the following events: 16.1.1 Concessionaire's failure to pay any fee or other charge when due and within five (5) workings days after notice from City of such nonpayment. 16.1.2 Concessionaire's failure to provide service, maintain hours of operation, prices, quality of food and beverages; or control the conduct and demeanor of its agents and employees as required in Section 4. 16.1.3 Concessionaire's failure to maintain the insurance required in Section 12.4. 16.1.4 Concessionaire's assignment of any right hereunder in violation of Article 14. 16.1.5 Concessionaire's failure to perform, keep or observe any of the terms, covenants or conditions of this Agreement within seven (7) days (or such longer time as may be necessary to cure, provided that cure is commenced within the initial seven (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. 16.1.6 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an involuntary petition in bankruptcy against Concessionaire, the taking of possession of all or substantially all of Concessionaire's assets pursuant to proceedings brought under the provisions of any federal reorganization act or the appointment of a receiver of all or substantially all of Concessionaire's assets and the failure of Concessionaire to secure the return of such assets and/or the dismissal of such proceeding within ninety (90) days after the filing. 16.1.7 The abandonment for a period of seven (7) days by Concessionaire of the conduct of its services and operations during the season from the beginning of April through the end of September, or for a period of fourteen (14) days during the October through March off-season, without the City's consent 16.1.8 The assignment by Concessionaire of any or all of its assets for the benefit of creditors. 16.1.9 The death of the Concessionaire or dissolving of the Corporation. 16.2 City's Remedies on Default. 16.2.1 In the event of a default by Concessionaire asset forth in Section 16.1, the City may terminate this Agreement effective immediately upon providing written notice of the termination to Concessionaire. In the alternative, the City may elect to keep the Agreement in force and work with Concessionaire to cure the default. If this Agreement is terminated, the City shall have the right to take possession of the Concession Space at the time of default. Concessionaire's liability to City for damages and rent shall survive the termination, and the City may re-enter, take possession of the Concession Space and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 16.2.2 Following re-entry or abandonment, City may make arrangements for use of the Concession Space by others and in that circumstance may make any suitable alterations or refurbish the Concession Space, but City shall not be required to make such arrangement for any use or purpose. 16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and remedies reserved pursuant to this Article are in addition to any other rights or remedies the City may have pursuant to this Agreement or to applicable law to seek judicial enforcement, damages or any other lawful remedy. ARTICLE 17 Miscellaneous Provisions 17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy available to the City, or Concessionaire, at law or in equity, and the exercise of any remedy, or the existence herein of other remedies or indemnities shall not prevent the exercise of any other remedy. 17.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to it by virtue of the breach of any covenant, condition or agreement herein by the other party shall not operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by such other party, nor shall such other party be relieved thereby from its obligations under the terms hereof. 17.3 Non -liability of Individuals Other than Concessionaire. With the exception of Concessionaire, no director, officer, agent or employee of either party shall be charged personally or held contractually liable by or to the other party under any term or provision of this Agreement or of any supplement, modification or amendment to this Agreement because of any breach thereof, or because of its or their execution or attempted execution of the same. 17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the Concession Space, or any part thereof, for any purpose or use other than those authorized by this Agreement. Concessionaire shall not permit nor suffer any disorderly noise or nuisance whatsoever about the Concession Space, Clubhouse or Collindale Golf Course. 17.5 Governing Law. This Agreement shall be performable and enforceable in Larimer County, Colorado, and shall be construed in accordance with the laws of the State of Colorado. 17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and Concessionaire, their successors and assigns, and is not made for the benefit of any third party. 17.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 17.8 Successors and Assigns. All covenants, stipulations and agreements in this Agreement shall extend to and bind each party hereto, its legal representatives, successors and assigns. 17.9 Headings. The titles of the several articles of this Agreement are inserted for convenience only, and are not intended and shall not be construed to affect in any manner the terms and provisions hereof, or the interpretation or construction thereof. 17.10 Legal Fees. In the event any legal action or proceeding is brought to collect sums due or to become due hereunder or any portion thereof or to enforce compliance with this Agreement for failure to observe any of the covenants of this Agreement, the losing party agrees to pay to the prevailing party the sums a Court may judge reasonable for legal fees, including attorneys' fees and costs, in such action or proceeding and in any appeal. 17.11 Incorporation of Request for Proposals/Entire Agreement. Request for Proposal Number 7009, and all specifications included therein, and the Proposal submitted and interview responses by the Concessionaire in response thereto, are incorporated and made a part of this Agreement by this reference, except that in the event of a conflict between such documents and the express terms of this Agreement, the terms of this Agreement shall prevail. Request for Proposal No. 7009 is attached hereto as Exhibit F. This Agreement, which is the entire agreement between the parties hereto, supersedes all prior agreements, understandings, warranties or promises between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto, except as expressly incorporated herein. 17.12 Severability. In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either the City or the Concessionaire in his or its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. 17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier termination as herein provided, Concessionaire shall remove all of its property from Collindale Golf Course and surrender entire possession of its rights at Collindale Golf Course to City and its improvements in accordance with Section 10 above, unless this Agreement is renewed or replaced. 17.14 City Representative. The City designates the Director of Parks as its representative who shall make, within the scope of his/her authority, all necessary and proper decisions with reference to this Agreement. All requests for contract interpretations, amendments and other clarifications or instructions shall be directed to the City Representative. 17.15 Notices. Notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given upon personal delivery or upon deposit in the United States Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such other address as the parties may designate from time to time by notice given in accordance with this Section: To Concessionaire: C.B. & Potts Regional Manager 1415 W. Elizabeth Fort Collins, CO 80521 To the City: Director of Parks City of Fort Collins 300 LaPorte Avenue P.O. Box 580 Fort Collins, Colorado 80522-0580 17.16 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. 17.17 Force Majeure. Neither the City nor the Concessionaire shall be deemed in violation of this Agreement if prevented from performing any of its obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, act of 2.3 Restriction on Items Offered for Sale. Concessionaire may offer such non-food or non -beverage items as are incidental to its food and beverage service, except for smoking instruments and tobacco products, pursuant to section 2.2. 2.4 Compliance with Applicable Law. The Concessionaire agrees to comply fully with all applicable state and federal laws and regulations and municipal ordinances, as well as all rules and regulations, policies, and procedures adopted by the City or any of its Boards, Service Areas, Service Units, Divisions or Departments having jurisdiction over Collindale Golf Course. ARTICLE 3 Rights of Ingress and Egress 3.1 In General. The Concessionaire shall have the right of ingress and egress to and from the Clubhouse and Concession Space for Concessionaire's employees, agents and invitees to the extent reasonably necessary in connection with the conduct of Concessionaire's business under this Agreement. Areas designated as restricted areas by the City shall be excluded. 3.2 Closures. The City may, at any time, temporarily or permanently, close or consent to or request the closing of any roadway or any other way at, in, or near the Clubhouse or Collindale Golf Course, presently or hereafter used as such, so long as a reasonable and safe means of ingress and egress remains available to Concessionaire. ARTICLE 4 Undertakings of Concessionaire 4.1 Service. Concessionaire agrees as follows: 4.1.1 The Concessionaire shall furnish and pay for all equipment, except as otherwise provided by the City pursuant to Article 9, all goods, labor, transportation, supervision and services necessary to provide food and beverage services in accordance with this Agreement. 4.1.2 Services provided by the Concessionaire shall include the maintenance of an adequate stock of food and beverage supplies, condiments, dishes, silverware, napkin dispensers, salt and pepper shakers, cups and glassware, and any kitchen utensils or bar equipment if necessary to serve the demand for such items at the Collindale Golf Course, as well as paying for all cable and/or satellite television services in the Clubhouse except for the Pro Shop. 4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide the public high quality food and beverages and a high level of public service. Therefore, Concessionaire agrees to offer for sale from the Concession Space only good quality food and beverages at fair and competitive pricing, relative to comparable restaurant facilities public enemy, acts of superior governmental authority, weather conditions, rights, rebellion, sabotage or any other circumstances that are not within its control. 17.18 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. 17.19 No Relationship. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of employer and employee, principal and agent or a partnership or a joint venture between the parties hereto. 17.20 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. �— - r1 ' �...f • � z 1 , Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation Y- ame. B. O Neill, II, CPPO, FNIGP Purchasing and Risk Management Collindale 57, LLC, a Washington limited liability company By: PRINT NA /�k 5 Title Date: 4-P �/ 9 (Corporafe Seal) Deleted: ¶ 9 XHIBIT A Deleted:11 City of Fort Collins q Cultural, Library and Recreational Services Golf Division Policy: Contractor Personnel Conduct and Demeanor, and Background Screening for Positions of Trust. Under the terms and conditions of each respective Agreement with the City, all Golf Professionals and Restaurant/Snack Bar Concessionaires (the "Contractor") shall control the conduct and demeanor of their employees, volunteers, and other representatives or agents of the Contractor that will be working on behalf of the Contractor in providing services to the City. The Contractor agrees to provide to the City at all times a current list of employees, volunteers, and other representatives or agents of Contractor that will be working on behalf of the Contractor in providing services to the City under their Agreement, and that all such employees, volunteers, and other representatives or agents of Contractor agree to adhere to the "Behavior/Standards of Personal Conduct and Performance." Contractors and the City also hereby acknowledge and agree that certain services provided by the Contractor will require that specified employees, volunteers, and other representatives or agents of the Contractor act in "positions of trust" which can include the handling of and/or accounting for funds of the City and/or of City property, or direct contact with youth and members of the general public. Accordingly, each Contractor agrees that all specified employees, volunteers, or other representatives or agents of Contractor in positions of trust shall be screened/investigated at the expense of the Contractor using the City's contracted background screening/investigation procedure as described in each respective contractor's Agreement; and that the results of such background screening/investigation shall be provided to the City prior to any such persons participation in the provision of services, as described in each respective contractor's Agreement. Each Contractor shall require the completion and execution of the Disclosure/Waiver form for all specified employees, volunteers, and other representatives or agents of Contractor. The purpose of this form is to provide the necessary information about an applicant and permission to review confidential information for a complete and thorough background screening/investigation. The Contractor shall provide to all said employees, volunteers, and other representatives or agents a Summary of Rights under the Fair Credit Reporting Act. The background screening/investigation shall include, but is not necessarily limited to, checking arrests and/or conviction records, driving records, credit history, education, previous employment and volunteer work and other records as may be appropriate, and references, including review of any records of information available to the City as a result of past employment or contractual relationships the employee, volunteer, or other representative or agent has had with the Contractor or the City. Deleted: ¶ The City will provide assistance in completing the background screening/investigation, including providing the completed disclosure form to an outside vendor for a confidential records check. Contractor acknowledges that by providing such assistance the City assumes no responsibility for the timeliness, accuracy or completeness of the background screening/investigation, or for the direct or indirect consequences resulting from the same, and the Contractor shall hold the City harmless for any resulting injury or loss. The Contractor shall make job assignments and responsibility assignments based upon and in consideration of the background screening/investigation, and shall not permit any person to perform any position for which such person's character or suitability are reasonably in question based upon the information obtained in connection with a background screening/investigation. The City may, in its discretion, object to any assignments of Contractor Personnel to positions of trust, as based upon the background screening/investigation. In the event that information from the report is utilized in whole or in part in making an adverse decision with regard to potential employment/volunteer/representative/agent status, before making the adverse decision, the City will attempt to provide Contractor with a copy of the consumer report/criminal history. Specified employees, volunteers, and other representatives or agents of Contractors identified at this time to be in positions of trust shall include, but are not necessarily limited to, all top assistants, area or section managers, lesson providers, personnel that directly handle and/or account for City funds; and those positions that can work individually with youth or members of the general public. Contractor Process for Obtaining Background Screening/Investigation Information 1. Once an employee, volunteer, other representative or agent has been selected by the Contractor, the employee, volunteer, other representative or agent (applicant) shall complete the background screening/investigation form, which is titled "Disclosure to Prospective Employees, Volunteers, or Other Representatives or Agents of Contractors Regarding Procurement of a Consumer Report (including a criminal history report)." 2. When the employee, volunteer, other representative or agent (applicant) has completed and signed the form, the Contractor shall initial and date the bottom of the form, giving the bottom copy of the form to the applicant. The Contractor shall also give to the applicant at this time a summary of his/her rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act also imposes requirements and procedures related to any adverse decisions based upon credit information. 3. The Contractor keeps one copy of the form and forwards the original signed copy of the form to the Golf Division Administrative office. In order to expedite the processing time, the Contractor may also FAX a copy or bring the original copy of the form to the golf Division Administrative Aide. Once the Administrative Aide enters the form information Deleted: ¶ into the computer, it takes three to four days for the City's contracted background screening/investigation firm to perform their service. Because of the large number of applicants being screened using this similar process, there shall Formatted: Lek, Line spacing: be no notification to the Contractor unless an applicant receives a negative report within four single days of the time that the Administrative Aide enters the information into the computer. Therefore, the applicant may begin assignment for the Contractor after four days unless the Contractor is notified otherwise. However, be aware that it is possible that we could receive a negative report after four days, and we will have to address the situation at that time,, Deleted:g Deleted: ¶ Deleted: I ,EXHIBIT B Deleted: Page Break DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR OTHER REPRESENTATIVES OR AGENTS OF CONTRACTORS REGARDING PROCUREMENT OF A CONSUMER REPORT (including a criminal history report) In connection with your status as a prospective employee, volunteer, or other representative or agent of the Contractor, Contractor and the City of Fort Collins may procure a consumer report/criminal history on you as part of the process of considering your candidacy for said status. The investigation conducted in conjunction with the report may include an investigation of your personal employment/volunteer history, education, financial, and credit records, public records concerning your driving record, civil and criminal court records, county, state, and Federal tax liens, notices of default and bankruptcies, and other records as may be appropriate. In the event that information from the report is utilized in whole or in part in making an adverse decision with regard to your potential employment/volunteer/representative/agent status, before making the adverse decision, the City and the Contractor will attempt to provide you and the Contractor with a copy of the consumer report/criminal history and a description in writing of your rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives you specific rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document. By your signature below, you hereby authorize us to obtain a consumer report and/or an investigative report about you in order to consider your status as a prospective employee, volunteer, or other representative or agent for the Contractor. Applicant's Name: Signature: Applicant' Address: City/State/Zip: _ (Please Print) First Middle Last Date of Birth: 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. Address City County State Zip 2. Address City County State Zip Please list any additional addresses on the back of this page. Contractor's Initials: Date: City Staff Initials: Date: No Text Deleted: 9 Deleted: <sp> Deleted: q EXHIBIT F Deleted: ¶ Formatted: Font Bold EXHIBIT D Formatted: Tabs: 2.82", Left CITY OWNED EQUIPMENT COLLINDALE RESTAURANT/SNACK BAR EQUIPMENT O1 Underbar equipment from left to right: 90 degree corner section 12" hand sink section 84" 3-compartment glass washing sink section 42" flat glass storage/staging section 36" ice bin/cocktail section 18" blender and dump sink section 18" flat top glass storage unit 02 Bar front & back millwork and cooler face. 03 Step-in bar cooler with double 36" hinged glass doors & bar drainer (beer taps/system by vendors) 04 Espresso deleted. 05 Pass window shelf/ledge 06 Work top with storage abovelbelow. 07 Storage cabinet (s/s top by KEC, base by GC) 08 Storage cabinet (s/s top by KEC, base by GC) 09 Hand sink 10 Linen drop 11 Spare number 12 Ice maker & soda system 13 Storage cabinets (s/s top by KEC-base by GC) 14 Spare number. 15 Ice machine and bin 16 China/utensil storage rack 17 Soiled dish landing table 18 Waste disposal with spray rinse 19 Condensate hood 20 Clean dishtable 21 3-compartment utensil wash sinks 22 Hand sink 23 Spare number 24 Pass -through salad & dessert refrigerator 25 Mega -refrigerated condiment table 26 Double overhead pass -over shelves 27 Utility chase from serving line to ceiling 28 Chefs plate landing table 29 Wait staff tray shelf& dish storage below 30 3-opening water bath baine marie hot food table 31 Hot food lamp in Fort Collins. If, in the reasonable opinion of the City; the pricing is not comparable, or the selection of items offered is inadequate or not of good quality, or if any of the items are found to be objectionable for display and/or sale in a public facility, then the pricing shall change or the items shall be removed or replaced as reasonably required by the City. The City Representative shall meet and confer with Concessionaire regarding such matters. Failure of Concessionaire to correct, rectify or modify its prices or quality within seven (7) days of being advised in writing to do so shall be cause for the City to declare Concessionaire in default. Notwithstanding the forgoing, if the City and the Concessionaire can not agree, after conferring in good faith, upon the adequacy, quality and/or pricing of any food or beverage item then, in such event, the parties agree to submit to a mutually agreed upon mediation procedure. . 4.1.4 Concessionaire shall submit to the City for review a list of all items to be sold in the concession space, and proposed prices for all such items. The Concessionaire shall submit to the City in writing all subsequent item and price changes. 4.2 Hours of Operation. Subject to the exception for inclement weather expressed in 4.2.2 below, the Concessionaire will be required to provide daily food and beverage services in the Concession Space during the months of April, May, June, July, August and September; at a minimum, the services shall be available from no later than 6:30 a.m. to no earlier than beyond sundown during these months. 4.2.1 The parties agree that the hours of operation during the months of October, November, December, January, February, and March shall be from no later than 10:00 a.m. to no earlier than 5:00 p.m. daily, at a minimum. However, the Concessionaire shall not be required to operate the concession when the Golf Course is closed due to bad weather or other reason as approved by the City. 4.2.2 Throughout the year, Concessionaire may, in its own discretion, close the concession during inclement weather, or provide less than a full -service operation pending customer demand during specified times, unless the closure or service level is objected to by the City. 4.3 Special Events Option. Concessionaire shall have the first option, upon request by the City or the Collindale Golf Professional, but shall not be obligated, to provide luncheons or other meals for special occasions, including but not limited to association meetings and tournaments. In the event such a request is made and Concessionaire elects not to provide such services, the City or the Collindale Golf Professional may provide food and non-alcoholic beverage services through other means. Such services shall not make use of the Concession Space, unless approved by Concessionaire. 4.4 4.4 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor of its agents and employees. If the City so requests, Concessionaire agrees to supply and require its employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form of which shall be subject to prior and continuing approval of EX1-IIBIT F Deleted:9 Formatted: Font: Bold 32 Undercounter refrigerator drawer unit Formatted: Tabs: 2.82", Left 33 Pantry shelving units 34 Exhaust hood, s/s wall panel & fire suppression 35 Fryers 36 Char grill with open base 37 Flat top grill with over base & salamander over 38 4-open burner top range with oven 39 Convection oven 40 Exhaust hood & fire suppression 41 Food mixer on stand w/tree 42 Work table 43 Convection steamer 44 Hand sink 45 2-compartment vegetable prep sinks 46 Food slicer 47 Work table 48 Freezer shelving 49 Cooler shelving 50 Walk-in cooler & freezer 51 Dry storage shelving 52 Lavatory 53 Mop sink 54 Chemical storage shelving 55 Pass -through "turn" window sill (slider by GC) 56 "Turn" window work table 57 Work table 58 Reach -in refrigerator 59 Work table 60 Hand sink 61 Cook-n-hold hot food unit 62 Spare number 63 Spare number 64 Deliver, set, assemble, start & calibrate 65 All tables, chairs, and furniture 66 Video Surveillance System 67 Patio Furniture and Umbrellas (Upper Level) EXHIBIT E .EXHIBIT F Financial Services '>�jf�'[jWision 215 —Mason St. 2n° Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. conYpurchasing REQUEST FOR PROPOSAL 7090 COLLINDALE GOLF COURSE RESTAURANT/SNACK BAR CONCESSIONAIRE The City of Fort Collins is hereby requesting proposals for a contractual Food and Beverage Concessionaire to manage and operate the Restaurant/Snack Bar Concession at Collindale Golf Course, 1441 E. Horsetooth Road, Fort Collins, CO 80525 for the year 2010 with possible annual renewal options for the years 2011 through 2014; with a possible extension of the original five (5) year term for up to five (5) additional years if performance is satisfactory and subject to City Council approval. Winning concessionaire is expected to begin operation on January 1, 2010. 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 3:00 p.m: (our clock), November 19, 2009. Proposal No. 7009 Collindale Restaurant/Snack Bar 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) 221-6301. Questions regarding proposals submittal or process should be directed to Director of Purchasing & Risk Management James B. O'Neill, II, CPPO, FNIGP (970) 221-6775. Completion of our written proposal questionnaire and annual payment schedule statement shall accompany any proposal to be considered properly executed. A Pre -Proposal Meeting will be held at the Collindale Golf Course Clubhouse, 1441 E. Horsetooth Road, Fort Collins, CO 80525 on November 10, 2009 at 1:30 pm. We will allow you to examine the premises at that time and answer any questions pertaining to the proposal. The meeting is not mandatory, but suggested. A copy of the Proposal may be obtained as follows: Download the Proposal from the BuySpeed Webpage, www.fcqov.com/eprocurement Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the RFP. Financial Services Purchasing Division 215 N. Mason St. 2n° Floor e ' - Deleted: ¶ Fort Collins. CO 80522 Formatted: 9MINW75 Formatted:g�eLrg�jy��y a" Left XXHIBIT F Deleted: ¶ Formatted: Font: Bold Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have Formatted: centered, Tabs: Left 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. 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 F\ H 1 B I T F Deleted: ¶ Formatted: Font: Bold 7009 COLLINDALE GOLF COURSE rL.-Tatted: CenteredJabs: 2.82", RESTAURANT/SNACK BAR CONCESSIONAIRE Background information The City of Fort Collins is the owner and operator of the Collindale Golf Course located at 1441 E. Horsetooth Road, Fort Collins, Colorado 80525. In connection with the operation of Collindale Golf Course, the City has established a clubhouse which includes a restaurant/snack bar area. The Culture, Parks, Recreation and Environment Services Unit Golf Division within the Parks Department administers the golf facilities for the City, and desires to grant to a contractual food and beverage Concessionaire the use of the Concession Space/Area for the purpose of offering quality food, non-alcoholic beverages, licensed alcoholic beverages, and related services primarily to the golfers using Collindale Golf Course and, incidentally, to the public, for the year 2010 with potential annual renewal options for the years 2011 through 2014; with possible extensions of the original five-year term for up to five additional years if performance is satisfactory and subject to City Council approval. The main purpose of this Concession Space/Area is to provide quality food and beverage services to our customers, the golfers who use Collindale Golf Course. The Golf Concessionaire provides all employees and volunteers necessary to facilitate the full and efficient use and management of the concession operations as described; and the Concessionaire owns and sells the food and beverages, and related merchandise and services. The Concession Space/Area and Clubhouse is not necessarily intended to be a full -service type restaurant to the general public, even though additional services may be deemed appropriate for the annual operation of this concession. During the months of April, May, June, July, August, and September, our golfers are the primary customers and they will not be displaced by any non - golfer related activities or functions unless approved by the Director of Parks. During the "off- season" from October through March, the Concession Space/Area and Clubhouse may be used for general public use purposes, but golfers will always remain as the primary customers. The City currently does not plan to significantly enlarge or change the restaurant/snack bar area in any way, but may enlarge the outside deck seating. The Course/History Collindale Golf Course was designed and constructed by Frank Hummel of Greeley for the City of Fort Collins and was opened for play in 1971. Collindale is a regulation -size 18-hole championship municipal golf course, situated on 167 acres. Collindale has a Men's Par of 71, and plays 7,083 yards from the back blue tees rated 72.3 with a 127 slope; 6,509 yards from the white tees rated 70.0 with a 123 slope; and 5,858 yards from the gold tees rated 67.5 with a 114 slope; and is a Ladies' Par of 73 playing 5,431 yards from the forward red tees and rated 70.4 with a 126 slope. The course features some of the finest quality greens in the entire Rocky Mountain Region, as well as fairly tight and flat, but great fairways with lots of trees. Facilities at Collindale include a large driving range, a golf cart storage building (which may be converted to other uses in the future), a residential house (which may be converted to other uses in the future), maintenance buildings, a practice chipping green, practice putting green, and a 15,000 sq. ft. Clubhouse building and parking lot which opened in January, 2003. The "Colorado Lodge look" modern clubhouse building and attached 1,200 square foot patio deck includes a full -service kitchen, 8- stool bar and lounge, restaurant and dining area, with seating for up to 142 people (62 in the • YXH1BIT F .. ... ---_ —� Deleted: ¶ Formatted: Font: Bold main clubroom and 72 in the rivate dining room), and restrooms, all located on the upper level. p g � pp Formatted: centered, Tabs: Left The outdoor patio deck facing south towards the course was doubled in size in 2009 in order to accommodate a full compliment of players for golf tournaments. In addition, there is a snack bar window access to the kitchen on the east side of the building from outside for potential quick food and beverage services "at the turn" that is available, if desired for use. The Pro Shop, which is operated and managed by our contractual golf professional, Dale Smigelsky, PGA, is also on the upper level, and has great visual access/control of the 1st and 10th tees and the 9th and 18th greens. In the lower level we have storage for up to 50 golf carts, limited women's and men's day -use lockers and showers, restrooms, a women's lounge, and long-term locker rentals; as well as several storage and repair rooms. The 170-space parking lot is designed for multi -modal access accommodations. The quality of the golf course at Collindale has always been very high, and the Collindale Clubhouse building adds to that positive image and provides a total, modern, full -service municipal golfing facility that our customers seem to desire and deserve. Collindale has hosted local U.S. Open Qualifying, as well as both the Colorado High School Girl's and Boy's State Championships, and is a perennial favorite for many State amateur events including the PubLinx Tournament and the Women's and Men's State Stroke Play Championships. Also Colorado State University and Poudre School District High School teams practice, play, and enjoy the challenges at Collindale. As previously noted, Collindale is a regulation -length 18-hole golf course. Since 2004, an average of roughly 40,OOO total rounds of golf at Collindale have been played annually, with 60 percent of the rounds being 9-hole rounds and 40 percent being 18-hole rounds. 80 percent of the total rounds played annually have been by daily green fee golfers and 20 percent of the rounds have been played by annual pass golfers. These play statistic ratios have remained fairly consistent in percent years, although the number of annual pass cardholders and the number of annual pass rounds played annually has been declining in recent years. Attached Information/Data Attached are copies of the Collindale scorecard, the "Policy Statement on Golf Staff Usage at City Golf Courses," the 2009 Golf Fees and Charges Schedule, and golf play statistics at Collindale from 2006 to June 2009 for your information and reference. Also, as a part of this concession site, the City currently owns and is responsible for the maintenance of certain equipment as described in an inventory attachment. The list is Attachment A. The Concessionaire must provide all other equipment/inventory and maintenance in order to successfully operate this concession. The Concession and Revenues The Crown Club served as concessionaire in 2009. Prior to 2009, the former contracted Concessionaire at Collindale, "Brauns Bar & Grill at Collindale, LLC, dba Manno's Grille at Collindale," served in that capacity from 2003 when a five-year agreement was awarded through an RFP process through 2008. This agreement with the City expired December 31, 2007, and was renewed. There have been two different ownerships of Brauns since 2003, with the most recent owner in place as of April, 2004. City Code states we are required to conduct a competitive procurement process to award a new agreement. XXHISIT F Monthly Receipts from 2007 through September 2009'. Mannos Crown Club 2007 2008 2009 Month January $ 47,876 $ 55,565 $ - February 49,616 50,658 - March 70,568 69,040 72,785 April 93,098 86,246 90,364 May 108,982 103,752 107,369 June 104,125 103,675 110,753 July 106,197 103,289 98,566 August 105,944 98,030 90,428 September 85,285 77,985 69,859 October 74,826 61,121 November 55,301 58,180 December 64,688 51,531 Total $966,506 $919,073 $640,124 The City makes no representations or guarantees as to the accuracy of the revenue figures as provided by the Concessionaire. The previous Concessionaire paid 10 percent of gross to the City, less approved deductions. The City Manager approves the Golf Fees and Charges after reviewing recommendations from the Golf Advisory Board and Golf Division staff. One of these City approved Fees and Charges is a "Tournament Services Fee to the Concessionaire" of $7.00 per player for food/beverage credit. This fee may be fully or partially waived at the option of the Concessionaire. The fee is designed to guarantee that the Concessionaire makes money on golf tournaments. Historically, the menu of the Concessionaires has included breakfast such as eggs, bacon, ham, sausage, biscuits and gravy, breakfast burritos, omelettes, donuts, hashbrowns, fruit, cereal, etc., and lunches/dinners have included hot dogs, hamburgers, sandwiches both hot and cold, steaks, fish, salads, chili, fries, finger food and pitchers of beer, etc. Tournament menus have included food such as prime rib when requested. Beverages include coffee, tea, milk, juices, soft drinks, beer and wine, and a full service liquor bar, etc. However, a new restaurant philosophy on menu items can be submitted and will be considered. Deleted: ¶ Formatted: Font: Bold Formatted: Centered, Tabs: 2.82", Left YXHIBIT F In addition to restaurant/snack bar operations must furnish two (2) beverage carts, in order to provide food and beverage services on the grounds of the course. The City will not allow the usage of City -owned golf carts for this purpose. There are private businesses in the region that will lease or sell such mobile beverage/snack golf carts to the Concessionaire, and the City requires the Concessionaire to provide such a service to Collindale golfers on a continual basis during the golfing day, as is profitable for the Concessionaire. The Concessionaire must also assume and perform all janitorial/busing duties and functions in the restaurant/snack bar area, including the clubhouse patio, kitchen, office, storage areas, bar, wait areas, the private dinning room, main floor common entrances and hallways, and elevator; must completely maintain the restrooms located on the main floor in the clubhouse. Restrooms need be maintained every day in a high quality manner to satisfy customer desires and Health Department requirements. The cost of janitorial services will be absorbed by the Concessionaire. Use of the private Dining Area may be leased from the Concessionaire at an agreed upon rate from the City. All City sponsored events are exempt. Liquor License Currently an integral element of the Collindale Restaurant/Snack Bar Concession operation is the sale of alcoholic beverages, which makes up a considerable portion of the gross revenues generated. When a new Concessionaire is awarded the Agreement, immediately after signing the Concession agreement document, the new Concessionaire will make application for the existing Hotel -Restaurant with Optional Premises liquor license to be transferred from the former Concessionaire into the name of the new Concessionaire. Therefore, the new Restaurant/Snack Bar Concessionaire must be able to fully qualify for this Hotel -Restaurant with Optional Premises liquor license, and will be subject to investigation(s) by the City of Fort Collins Police Services and/or the State of Colorado. It could take several months before a new Concessionaire receives final approval from the City Liquor Licensing Authority for the transfer to be completed. Liquor cannot be sold or consumed during that period of time unless a temporary license is issued. Failure to qualify for a liquor license or failure to obtain such license within ninety (90) days after execution of an agreement shall constitute a default. With the Hotel -Restaurant with Optional Premises Liquor License the Concessionaire may sell all types of alcoholic beverages at the course. However, the City has determined that only beer in cans or plastic bottles will be allowed outside of the buildings/patio deck on the grounds of the course, and the Director of Parks will determine on an individual basis whether mixed drinks, wine, or straight alcohol in non -glass containers will be allowed for sale and consumption on the course. For purposes of the liquor license, the premises authorized through this license has historically been defined to include "The Collindale Clubhouse building and adjacent outdoor Patio, and the entire grounds of Collindale Golf Course." If you have any questions about the liquor license process, please contact Aimee Jensen, City Liquor Licensing Specialist, at 221-6315. Also, you should contact your insurance agent or broker regarding liquor liability insurance, as well as other required insurance coverage for this concession. Miscellaneous information: 1. The City will provide storage space for the two beverage carts. Deleted: 9 Formatted: Font: Bold Formatted: Centered, Tabs: 2.82", Left YXIIJISIT F - Deleted: ¶ Formatted: Font: Bold Formatted: Centered, Tabs: 2.82", 2. There is a downstairs unheated storage space approximately 9'x17' which can be used by Left the Concessionaire for storage. 3. The dimensions of the banquet room are approximately 40'x29' and the dining room dimensions are approximately 40'x23'. The dining room dimensions do not include the tile walkways leading from the north and the west entrances, nor do they include bar or the tile walkway between the bar and the table area. 4. The City will consider letting the Concessionaire do catering out of the facility in the off season. 5. The restaurant space can be rented for functions when the golf course is not open such as after dark in the winter for Holiday parties. 6. Pricing of the menus at Collindale and Southridge need to be similar for the same or like items. 7. The City expects the Concessionaire to be environmentally conscious in their practices and use of recycled content and compostable items. 8. The City will have the right to audit the Concessionaire's records for the Collindale Restaurant regardless of whether lump sum payments or percentage of sales is proposed as payment to the City. Criteria for Proposal Award The proposal will be evaluated as follows: 1. Collindale Restaurant/Snack Bar Concession RFP Review Committee, composed of two member from the City of Fort Collins Golf Advisory Board, three members from the City Golf Division staff, and one member from the City of Fort Collins Purchasing staff, will review all written proposals. Using a point evaluation system for grading each proposal, the committee will rank each proposal in numerical order. 2. The top ranked proposers may be interviewed by the Committee and the Committee will rank the interviews using criteria and potential questions regarding background and experience of the Concessionaire, the ability of the Concessionaire to operate as per the scope of the proposal, and the financial circumstances of the proposal including ability to perform and revenues to the City. Interviews are tentatively scheduled for the afternoon of December 1, 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. .F t Hl B 1 T F Deleted: T_. Formatted: Font: Bold Schedule Formatted: Centered, Tabs: 2.82", Left Pre Proposal meeting at site: November 10, 2009 1:30 p.m. Open RFP's: November 19, 2009 3:00 p.m. Interviews (tentative): December 1, 2009 Proposal Requirements 1. Complete the "Proposal" form as provided. 2. No person, firm or corporation shall make or file more than one proposal for this contract for services. 3. Proposals six (6) must be sealed, addressed, and deposited with the City at the following location before the proposal opening: City of Fort Collins Office of Purchasing and Risk Management 215 N. Mason Street, 2nd floor (if delivered) P.O. Box 580 (if mailed) Fort Collins CO 80522 4. A proposal may be withdrawn at any time prior to the proposal opening, but may not be withdrawn for a period of sixty (60) days from the closing date for receiving proposals. 5. Required Documents - The following shall be submitted with the proposal: 1. Proposal Questionnaire. 2. The Proposal Form/Addendum Acknowledgment Page. 3. An Annual Payment Schedule Statement to the City. Remittance will be made to the City on a monthly basis by the 15 for sales from the previous month. 4. Proposed Menu. 5. List of vendors you will be conducting business with. 6. Contact person who will be in charge on site. 7. Business Plan for 2010. Including how soon after award you can be operational. 8. How you propose to finance the operation. 6. During the written portion of the RFP process, public input/citizen support is not included, and will not be considered when the Committee is evaluating the written proposals. References will only be considered by the Committee for the interview portion of the process. As a public entity, citizens have a right to provide their opinions to us; however, the RFP process clearly defines when such input will be considered. Therefore, proposers shall not solicit nor encourage such citizen support, nor provide references during the written portion of the process. Said references and support can be part of the interview phase of the process. All letters, faxes, e-mails, etc. should be sent to the Director of Parks for processing. 7. A list of all proposed prices for all items which are to be sold at the concession must be provided by the successful applicant within sixty (60) days after the award of proposal. the City. Nothing in this Section 4.4, Exhibit A attached hereto, or any other provision of this Agreement as it concerns Concessionaire's obligation to control the conduct and demeanor of its employees and agents is intended by the parties to benefit any third party, including without limitation, any member the public. The Concessionaire shall have such liability to third parties as may be ascribed to them by law (if any), and nothing in this Agreement shall be construed or interpreted to alter, modify or expand such liability. 4.4.1 The Concessionaire agrees to provide to the City at all times a current list of employees, volunteers, and other representatives or agents of Concessionaire that will be working on behalf of Concessionaire in providing services to the City under this Agreement. The Concessionaire and the City acknowledge and agree that certain services provided by Concessionaire will require employees, volunteers, and other representatives or agents of Concessionaire act in positions of trust which will entail the handling of and accounting for funds of the City and City property, or direct contact with youth and other members of the general public. Accordingly, Concessionaire agrees that all employees, volunteers, and other representatives or agents of the Concessionaire in positions of trust, as described in Exhibit A, consisting of three (3) pages and incorporated herein by this reference, shall be screened using the background screening procedure described on Exhibit A, at Concessionaires expense, and that the results of such background screening shall be provided to the City prior to any such persons participation in the provision of services hereunder. The Concessionaire shall require the completion and execution of the Disclosure/Request, Authorization, and Waiver form attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. Concessionaire shall also provide to their employees/volunteers a copy of the Summary of Rights under the Fair Credit Reporting Act attached hereto as Exhibit C, consisting of two (2) pages and incorporated herein by this reference. 4.4.2 The City may provide assistance in completing the background investigation, including providing information from the completed disclosure form to an outside vendor for a confidential records check. Concessionaire acknowledges that in such event, by providing such assistance. to Concessionaire,`the City assumes no responsibility for the timeliness, accuracy or completeness of the background investigation, or for the direct or indirect consequences resulting from the same, and Concessionaire shall hold the City harmless for any injury or loss resulting there from. 4.4.3 In the event that a background check, or any other information available to the Concessionaire or the City, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed or allowed to volunteer in connection with the services or activities required or permitted under this Agreement, or in a manner that would permit contact by that person with the funds, equipment, property associated with the provision of services hereunder, or persons participating in programs or services provided under this Agreement. Y,XH1B1T F Deleted:¶ Formatted: Font: Bold Permits, Licenses, Fees, and Taxes Formatted: centered, Tabs: 2.82 Left It shall be the responsibility of the Concessionaire to make application for the necessary permits and licenses, and to pay for all fees and taxes in order to operate this concession, including the ability to obtain a Hotel -Restaurant with Optional Premise Liquor License for alcoholic beverage sales and consumption. Specifications Included in the "Request for Proposals" package is a draft copy of the Agreement that the Concessionaire and the City will sign. All of the elements of the agreement are considered as part of the specifications for the proposals requested. This specification sheet amplifies the major provisions of the Collindale Concession operation, as well as defines and provides clarification of several specific points. The Concessionaire and the City shall sign an agreement which will grant to the Concessionaire the operation of the Collindale Golf Course Restaurant/Snack Bar Concession Space/Area. The duration of the agreement will be for the calendar year 2010 with four possible one-year renewal options (if desired by both parties) for the calendar years 2011, 2012, 2013 and 2014; with possible extensions of the original five-year term for up to five additional one-year terms if performance is satisfactory and subject to City Council approval. The Concession Area must be opened for business from at least 6:30 a.m. to beyond sundown daily at a minimum for the months of April, May, June, July, August, and September; and from 10:00 a.m. to 5:00 p.m. daily at a minimum during the months of October, November, December, January, February, and March. However, the Concessionaire shall not be required to operate the concession when the golf course is closed due to bad weather or other reasons. Any other hours of operation will be mutually agreed upon between the Concessionaire and the Director of Parks. Breakfast, lunch, and dinner services are all equally important. 3. The Concessionaire operator must have been in this type of business for at least two (2) years within the past five (5) years, or have sufficient other similar past experience to satisfy in the judgment of the Committee to meet this requirement. 4. The financial condition of the Concessionaire must be of such standing that adequate staffing, supplies and appropriate operational permits as necessary can be purchased/obtained in order to open the concession area for full business no later than January 1, 2010. The Concessionaire must obtain and pay for all licenses and taxes necessary for the operation, and must obtain a Hotel -Restaurant with Optional Premises Liquor License for alcoholic beverage sale and consumption. The premise is defined as the Golf Clubhouse and adjacent Patio, and the entire Golf Course grounds of the Collindale Golf Course. The Concessionaire shall also provide and pay for any Worker's Compensation, Social Security withholding, payroll taxes, Possessory Interest Tax, and/or any other taxes that might be required by government authorities. Tangible proof of financial ability to operate this concession will be required if you are interviewed. ,E\H1B1T IF Deleted:¶ - Formatted: Font: Bold Requirements. Formatted: Centered, Tabs: 5, Insurance Re q Left A. The Concessionaire will provide from insurance companies, acceptable to the City, the insurance coverage designated hereinafter and pay all costs. The Concessionaire also indemnifies the City. Before commencing work under this Request for Proposal, the Concessionaire shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the City." In the case of the breach of any provision of this requirement, the City, at their option, may take out and maintain, at the expense of the Concessionaire, such insurance as the City may deem proper and may, deduct the cost of such insurance from any monies which may be due or become due to the Concessionaire under this agreement. The City, its officers, agents, and employees shall be named as additional insured on the Concessionaire "general liability" insurance policy for any claims arising out of work performed under this agreement. B. Insurance coverages shall meet the following insurance limits: 1. $1,000,000 —Liquor Liability, per occurrence 2. $1,000,000 --Commercial General Liability with Combined Single Limit; $2,000,000 Aggregate 3. Statutory --Workers' Compensation Coverage A 4. $100,000/$500,000/$100,000-- Workers' Compensation Coverage B 5. $1,000,000 --Products Liability In the event any work under this agreement is performed by a sub -contractor, the Concessionaire shall be responsible for any liability directly or indirectly arising out of the work performed under this agreement by a sub -contractor, which liability is not covered by the subcontractor's insurance. 6. The Concessionaire shall control the conduct and demeanor of its agents and employees. Upon objection from the City concerning conduct or demeanor of any such person, the Concessionaire shall immediately take all lawful steps to address or remove the cause of the objection. Also, if the City so requests, the Concessionaire agrees to supply and require its employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form for which shall be subject to prior and continuing approval of the City. 7. The Concessionaire acknowledges and agrees that certain services provided by the Concessionaire will require that employees, agents, and volunteers of the Concessionaire act in positions of trust which will entail the handling of and accounting EXHIBIT IF Deleted: ¶ Formatted: Font: Bold for funds of the City and City property, or direct contact with youth and other members Formatted: Centered, Tabs: z.sz of the general public. Accordingly, the Concessionaire agrees that all employees, volunteers, and other representatives or agents of the Concessionaire in positions of trust, as defined, shall be screened using the City's contractual background screening procedure, with such costs associated with said screenings to be fully paid by the Concessionaire. 8. The personal conduct of the Concessionaire and its staff has a direct impact on the quality of performance. Unacceptable personal conduct/behavior by the Concessionaire, as defined, can result in immediate or early termination of the Agreement, as also defined. 9. The Colorado Legislature passed legislation which as been signed into law by the Governor requiring compliance regarding employment of undocumented aliens. The Concessionaire acknowledges and agrees that those statutory provisions that apply will be followed. If there are any questions about these legal requirements, Concessionaire agrees to consult with legal counsel. 10. The Concessionaire must maintain an adequate stock of supplies on hand for all occasions as needed to supply the golfers' needs. The primary purpose of the concession area is to provide a service to the golfers. Creative thinking people who will be there, be open, and be ready are important to the success of this operation. Also, cooperation with the Golf Professional and Golf Course Superintendent is an essential element of this operation. 11. The Concessionaire shall keep and maintain proper business records concerning every aspect of the concession operation, and employee management, including expenses and receipts. All records, including Income Tax Records are to be open for inspection and audit by the City. Also, the concession operator must submit to the City monthly complete operation records, as well as at the close of each operating season showing all expenses and gross income. 12. "Gross Sales" includes all revenues received by the Concessionaire for performing the concession service, except Sales Tax. Payments must be submitted monthly by the 15t' of each month. 13. The City pays for all trash and recycling removal services and the existing Clubhouse security system at the Collindale Golf Course. The Concessionaire shall pay 25% of electric and 25% of gas and will be billed monthly. The Concessionaire shall pay for all telephones, cash registers, POS System, credit card machines, ATM's, additional customer televisions, cable or satellite service, expanded security systems, and for snow removal from the parking lot for Concessionaire functions when the Golf Course is closed for play. 14. The Concessionaire shall submit to the City for review a list of all prices and items which are to be sold at the concession area. Prices and items may be changed or increased periodically, but any and all changes/increases must be reviewed by the Director or Parks. 15. Smoking instruments and tobacco products of any kind will not be sold at the restaurant/snack bar, clubhouse, or on the grounds of the golf course. Smoking is not ,EXHIBIT F permitted in any areas of the clubhouse, or on the adjacent patio nor within 20 feet of entrances. 16. The operation of the concession granted under the agreement shall, at all times, conform with all applicable State and Federal laws and regulations, and municipal ordinances, as well as all rules, regulations, policies, and procedures as adopted by the City of Fort Collins, or any of its Boards, Services Areas, Service Units, Departments, or Divisions having jurisdiction over golf courses. P Font: Bold Centered PROPOSAL PROPOSAL NO: 7090 Collindale Golf Course RestauranVSnack Bar Concessionaire DATED THIS DAY OF 2009 CONTRACT FOR SERVICES: Collindale Golf Course Restaurant/Snack Bar 1441 E. Horsetooth Road Fort Collins CO 80525 TO: City of Fort Collins Office of the Director of Purchasing and Risk Management 215 North Mason Street, 2"d floor (if delivered) P.O. Box 580 (if mailed) Fort Collins CO 80522 To Whom It May Concern: 1. The undersigned, pursuant to the Request for Proposals, which requested proposals for a contractual Concessionaire to operate the restaurant/snack bar food and beverage concession at Collindale Golf Course, having examined all documents, the concession site, and having become familiar with all the conditions existing and relative to same, hereby proposes to operate same in accordance with the proposal documents. 2. I/we acknowledge receipt of the following addenda and have included their provisions in the proposal: Addendum No.( ),Dated Addendum No.( ),Dated 3. In submitting this proposal, the undersigned warrants that he/she has complied with all the provisions of the "Request for Proposals, Instructions, and Specifications," and can furnish the labor and materials and business acumen to carry out the concession operation in all respects, as specified in the proposal documents. 4. The undersigned submits the following proposal, which includes all permits, licenses, insurance, fees, and taxes, etc., included in the following documents, fully completed, as a condition of submitting an acceptable proposal: 1. Proposal Questionnaire. 2. The Proposal Form/Addendum Acknowledgment Page. 3. An Annual Payment Schedule Statement to the City. Remittance will be made to the City on a monthly basis by the 15 for sales from the previous month. 4. Proposed Menu. 5. List of vendors you will be conducting business with. 6. Contact person who will be in charge on site. 7. Business Plan for 2010. 8. How do you propose to finance the operation. 5. The undersigned also agrees that he/she will not withdraw his/her proposal for a period of sixty (60) days from the closing date for receiving proposals. Respectfully submitted: By: Address: Signature Print Name Phone: Title PROPOSAL QUESTIONNAIRE INFORMATION/RATING CRITERIA Below you will find the "Proposal Questionnaire." You will need to answer all six questions on one side of 8-1/2" x 11" paper only, per question. We have determined that you must answer each question with no more than one page per answer per question. Please try to answer each question in sufficient detail, noting that we are interested in the quality of your answers, not just the quantity. In addition to the six pages, you may also provide one 8 ''Y2" x 11" supplemental page (one side only) to complete additional information or to further answer any of the six questions which you could not do within the one page limitation. You may also attach a copy of your resume if you desire which does not count against your page limitations. If you are selected for an oral interview, you will need to bring a copy of tangible proof of your financial ability to perform as the Collindale Restaurant/Snack Bar Concessionaire, as well as your ability to secure acceptable insurance coverage as noted in the specifications; and you will need to provide the Director of Parks with at least three (3) written references prior to the interview that we may contact regarding your qualifications. The City will also conduct a background screening procedure and you will need to provide a signed authorization form to allow the screening to proceed. Review and Assessment Respondents will be evaluated on their written answers to the following six questions. A rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Each of the six questions shall have a "weighting factor" of either 1.0, 2.0 or 3.0 as we have determined, meaning that the maximum total of points to be achieved from the six questions is 75 points. In addition, we have assigned a 5.0 "weighting factor' to the Annual Payment Schedule Statement to the City, meaning it has a maximum total of 25 points (also on a 1 to 5 scale) by itself. Therefore, the maximum grand total of points to be achieved is 100 per rater. Proposal Questionnaire 1. What are your qualifications to perform the service, and what qualifications will you require of the staff on site? (You may attach a copy of your resume if you desire, which does not count against your page limitations). Weighting Value of 3.0 2. Outline your plans to operate the concession with regards to your personal involvement, or the use of a manager on site. Weighting Value of 2.0 3. What is your business/staff plan in order to accomplish the services as per the specifications? Weighting Value of 3.0 4. What is your financial ability for providing services and products at the concession site as per the specifications? Weighting Value of 1.0 51 What is your assessment of the needs at Collindale Golf Course with respect to food and beverage services, both inside the clubhouse as well as outside on the golf course, and how will you meet these needs? Weighting Factor of 3.0 6. What is your philosophy of the food and beverages to be provided, including what will be your variety of menu items to be served, the need for healthier products, managing alcohol, etc. (Please provide a sample of your proposed menu and beverage items and your conceptual projected pricing structure which does not count against your page limitations.) Weighting Factor of 3.0 7. Annual Payment Schedule Statement to the City Weighting Factor of 5.0 ANNUAL PAYMENT SCHEDULE STATEMENT TO THE CITY The previous Concessionaires at the Collindale Golf Course Restaurant/Snack Bar have paid to the City annual cash and/or in -kind contributions, percentages, or a minimum guarantee (whichever was greater), for the privilege of operating the food and beverage concession. Therefore, in consideration of the aforementioned... You may desire to pay to the City of Fort Collins an annual fee payment in either a flat -rate amount, or on a percentage basis, and/or make an in -kind contribution of a specific dollar value. If so, how much money/percentage/value will you (Concessionaire) pay in each year listed to the City of Fort Collins to be the Concessionaire at Collindale Golf Course? 2010 — $ . or % or 2011 -- $ or % or 2012 -- $ or % or 2013 -- $ or % or 2014 — $ or % or (if you need to explain any of the above, you may attach such a written explanation). Weighting Value of 5.0 tp�cz� by GN-lt5Ssar COLLINDALE GOLF COURSE a u RESTAURANT/SNACK BAR CONCESSION AGREEMENT -ece.mber This Collindale Golf Course Restaurant/Snack Bar Concession Agreement (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 (the "City"), and whose principal offices are at (the "Concessionaire"). ARTICLE 1 Concession Space 1.1 Definition of Concession Space. For the purposes of this Agreement, the "Concession Space" means the following areas at the Collindale Golf Course, 1441 East Horsetooth Road: 1.1.1 The kitchen, bar, and wait area on the main floor of the Collindale Clubhouse building. 1.2 Use of Concession 5pace. The Concessionaire shall have the use of the Concession Space for the purpose of offering food, non-alcoholic beverages, licensed alcoholic beverages, and related services primarily to golfers using the Collindale Golf Course and, incidentally, to the public. ARTICLE 2 Concessionaire's Use of the Clubhouse and the Concession Space 2.1 In General. Subject to other limitations expressed in this Agreement, the City grants to Concessionaire the right to exclusive use of the Concession Space and the right to use in common with others the public areas of the Clubhouse building and the grounds of the Collindale Golf Course in conjunction with its food and beverage operations (and for no other purpose) in such spaces and manner as may be prescribed by the City. 2.2 Smoking. Smoking instruments and tobacco products of any kind will not be sold or otherwise supplied by Concessionaire at Collindale golf course. Smoking is not permitted in any areas of the clubhouse or on the adjacent patio within 20 feet of entrances. Concessionaire shall comply with any other requirements of applicable Fort Collins City ordinances and Colorado state law regarding smoking and tobacco products. dweaQSA �5, abbC\ 4.4.4 Upon receipt of written notice from the City of any reasonable objection from the City concerning trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, or concerning conduct, demeanor or competence of any employee or volunteer of Concessionaire, the Concessionaire shall immediately take all lawful steps to remove or otherwise address to the City's reasonable satisfaction the cause of the objection or to remove such individual from the performance of any services provided hereunder. 4.4.5 The following constitute unacceptable personal conduct that the parties acknowledge and agree shall be subject to reasonable objection by the City. The parties acknowledge that other conduct not listed in this Section may be determined by the City to be reasonably expected, and may also give rise to a reasonable objection by the City to which Concessionaire shall be expected to respond as set forth herein. In the event that Concessionaire, or the individual site manager, if different from Concessionaire, commits any of the following examples of unacceptable conduct, or fails or refuses to take reasonable action to correct such conduct by any person providing services for or on behalf of Concessionaire hereunder, the City may give Concessionaire notice of violation and proceed in the manner as set forth in Section 16. 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, and such harassment or discrimination is not addressed to the City's reasonable satisfaction in a timely manner; D. Falsification, unauthorized use or destruction of City records, reports or other data or information belonging to the City; E. Abusive or threatening treatment of any person, including, but not limited to physical or verbal confrontation; F. Using, consuming, possessing, having in the body or distributing alcohol (except in the normal performance of concession services) or controlled substances during working time; G. Destruction, loss or abuse of City property; H. Unauthorized use of City equipment or property for personal use; or I. Possessing or maintaining sexually explicit materials on City property. 4.5 Statements, Recordkeeping and Audits. Concessionaire shall keep books and records of the business, including an accounting of all revenue and expenses of the concession operation, in accordance with good accounting practice and in such form as is satisfactory to the City. The Concessionaire hereby grants to the City the right to audit Concessionaire's books and records for its operation at Collindale Golf Course and agrees to make available to the City, or its authorized representative, with 72 hours prior notice, Monday through Friday inclusive, 2.3 Restriction on Items Offered for Sale. Concessionaire may offer such non-food or non -beverage items as are incidental to its food and beverage service, except for smoking instruments and tobacco products, pursuant to section 2.2. 2.4 Compliance with Applicable Law. The Concessionaire agrees to comply fully with all applicable state and federal laws and regulations and municipal ordinances, as well as all rules and regulations, policies, and procedures adopted by the City or any of its Boards, Service Areas, Service Units, Divisions or Departments having jurisdiction over Collindale Golf Course. ARTICLE 3 Rights of Ingress and Egress 3.1 In General. The Concessionaire shall have the right of ingress and egress to and from the Clubhouse and Concession Space for Concessionaire's employees, agents and invitees to the extent reasonably necessary in connection with the conduct of Concessionaire's business under this Agreement. Areas designated as restricted areas by the City shall be excluded. 3.2 Closures. The City may, at any time, temporarily or permanently, close or consent to or request the closing of any roadway or any other way at, in, or near the Clubhouse or Collindale Golf Course, presently or hereafter used as such, so long as a reasonable and safe means of ingress and egress remains available to Concessionaire. ARTICLE 4 Undertakings of Concessionaire 4.1 Service. Concessionaire agrees as follows: 4.1.1 The Concessionaire shall furnish and pay for all equipment, except as otherwise provided by the City pursuant to Article 9, all goods, labor, transportation, supervision and services necessary to provide food and beverage services in accordance with this Agreement. 4.1.2 Services provided by the Concessionaire shall include the maintenance of an adequate stock of food and beverage supplies, condiments, dishes, silverware, napkin dispensers, salt and pepper shakers, cups and glassware, and any kitchen utensils or bar equipment if necessary to serve the demand for such items at the Collindale Golf Course, as well as paying for all cable and/or satellite television services in the Clubhouse except for the Pro Shop. 4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide the public high quality food and beverages and a high level of public service. Therefore, Concessionaire agrees to offer for sale from the Concession Space only good quality food and beverages at fair and competitive pricing, relative to comparable restaurant facilities in Fort Collins. If, in the opinion of the City, the pricing is not comparable, or the selection of items offered is inadequate or not of good quality, or if any of the items are found to be objectionable for display and/or sale in a public facility, then the pricing shall change or the items shall be removed or replaced as required by the City. The City Representative shall meet and confer with Concessionaire regarding such matters. However, Concessionaire acknowledges that the City's determination as to the same shall be conclusive. Failure of Concessionaire to correct, rectify or modify its prices or quality within five (5) days of being advised in writing to do so shall be cause for default. 4.1.4 Concessionaire shall submit to the City for review a list of all items to be sold in the concession space, and proposed prices for all such items. The Concessionaire shall submit to the City in writing all subsequent item and price changes. 4.2 Hours of Operation. Subject to the exception for inclement weather expressed in 4.2.2 below, the Concessionaire will be required to provide daily food and beverage services in the Concession Space during the months of April, May, June, July, August and September; at a minimum, the services shall be available from no later than 6:30 a.m. to no earlier than beyond sundown during these months. 4.2.1 The parties agree that the hours of operation during the months of October, November, December, January, February, and March shall be from no later than 10:00 a.m. to no earlier than 5:00 p.m. daily, at a minimum. However, the Concessionaire shall not be required to operate the concession when the Golf Course is closed due to bad weather or other reason as approved by the City. 4.2.2 Throughout the year, Concessionaire may, in its own discretion, close the concession during inclement weather, or provide less than a full -service operation pending customer demand during specified times, unless the closure or service level is objected to by the City. 4.3 Special Events Option. Concessionaire shall have the first option, upon request by the City or the Collindale Golf Professional, but shall not be obligated, to provide luncheons or other meals for special occasions, including but not limited to association meetings and tournaments. In the event such a request is made and Concessionaire elects not to provide such services, the City or the Collindale Golf Professional may provide food and non-alcoholic beverage services through other means. Such services shall not make use of the Concession Space, unless approved by Concessionaire. 4.4 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor of its agents and employees. If the City so requests, Concessionaire agrees to supply and require its employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form of which shall be subject to prior and continuing approval of the City. 4.4.1 The Concessionaire agrees to provide to the City at all times a current list of employees, volunteers, and other representatives or agents of Concessionaire that will be working on behalf of Concessionaire in providing services to the City under this Agreement. The Concessionaire and the City acknowledge and agree that certain services provided by Concessionaire will require employees, volunteers, and other representatives or agents of Concessionaire act in positions of trust which will entail the handling of and accounting for funds of the City and City property, or direct contact with youth and other members of the general public. Accordingly, Concessionaire agrees that all employees, volunteers, and other representatives or agents of the Concessionaire in positions of trust, as described in Exhibit A, consisting of three (3) pages and incorporated herein by this reference, shall be screened using the background screening procedure described on Exhibit A, at Concessionaires expense, and that the results of such background screening shall be provided to the City prior to any such persons participation in the provision of services hereunder. The Concessionaire shall require the completion and execution of the Disclosure/Request, Authorization, and Waiver form attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. Concessionaire shall also provide to their employees/volunteers a copy of the Summary of Rights under the Fair Credit Reporting Act attached hereto as Exhibit C, consisting of two (2) pages and incorporated herein by this reference. 4.4.2 The City may provide assistance in completing the background investigation, including providing information from the completed disclosure form to an outside vendor for a confidential records check. Concessionaire acknowledges that in such event, by providing such assistance to Concessionaire, the City assumes no responsibility for the timeliness, accuracy or completeness of the background investigation, or for the direct or indirect consequences resulting from the same, and Concessionaire shall hold the City harmless for any injury or loss resulting therefrom. 4.4.3 In the event that a background check, or any other information available to the Concessionaire or the City, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed or allowed to volunteer in connection with the services or activities required or permitted under this Agreement, or in a manner that would permit contact by that person with the funds, equipment, property associated with the provision of services hereunder, or persons participating in programs or services provided under this Agreement. 4.4.4 Upon receipt of written notice from the City of any reasonable objection from the City concerning trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, or concerning conduct, demeanor or competence of any employee or volunteer of Concessionaire, the Concessionaire shall immediately take all lawful steps to remove or otherwise address to the City's reasonable satisfaction the cause of the objection or to remove such individual from the performance of any services provided hereunder. 4.4.5 The following constitute unacceptable personal conduct that the parties acknowledge and agree shall be subject to reasonable objection by the City. The parties acknowledge that other conduct not listed in this Section may be determined by the City to be reasonably expected to impair Concessionaire's ability to provide satisfactory services under this Agreement, and may also give rise to a reasonable objection by the City to which Concessionaire shall be expected to respond as set forth herein. In the event that Concessionaire, or the individual site manager, if different from Concessionaire, commits any of the following examples of unacceptable conduct, or fails or refuses to take reasonable action to correct such conduct by any person providing services for or on behalf of Concessionaire hereunder, the City may give Concessionaire notice of violation and proceed in the manner as set forth in Section 16.1.9. A. Commission or conviction of a felony, or of any crime involving moral turpitude; B. Theft or misuse of City money or property; C. Harassment of, or discrimination against, any individual based on race, religion, national origin, age, sex, sexual orientation or disability; D. Falsification, unauthorized use or destruction of City records, reports or other data or information belonging to the City; E. Abusive or threatening treatment of any person, including, but not limited to physical or verbal confrontation; F. Using, consuming, possessing, having in the body or distributing alcohol (except in the normal performance of concession services) or controlled substances during working time; G. Destruction, loss or abuse of City property; H. Unauthorized use of City equipment or property for personal use; or I. Possessing or maintaining sexually explicit materials on City property. 4.5 Statements, Recordkeeping and Audits. Concessionaire shall keep books and records of the business, including an accounting of all revenue and expenses of the concession operation, in accordance with good accounting practice and in such form as is satisfactory to the City. The Concessionaire hereby grants to the City the right to audit Concessionaire's books and records for its operation at Collindale Golf Course and agrees to make available to the City, or its authorized representative, at any time, Monday through Friday inclusive, between the hours of 9:00 a.m. and 5:00 p.m., at the offices of the City or Collindale Golf Course, at the City's election, all records, books and relevant related information as may be required for audit purposes. 4.6 Physical Interference. Concessionaire shall not do, nor permit to be done, anything which may interfere with the effectiveness or accessibility of the drainage system, sewerage system, fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if any, installed or located in the Clubhouse or elsewhere at Collindale Golf Course. 4.7 Taxes. Concessionaire agrees to pay all local, state and federal social security, unemployment insurance, sales, use, personal property, possessory interest, and other taxes, assessments and payments -in -lieu that, during the term of this Agreement or any extension hereof, may become a lien of which may be levied or charged by the State, County, City of Fort Collins or other tax -levying body upon or with respect to the Concession Space or Collindale Golf Course, upon any taxable interest acquired by the Concessionaire in this Agreement, or any taxable possessory right which Concessionaire may have in or to the Concession Space or facilities or the improvements thereon, by reason of Concessionaire's occupancy or use thereof, or otherwise, as well as all taxes on taxable property, real or personal, owned by Concessionaire or taxes on Concessionaire's operations or activities in or about the Concession Space, Clubhouse, or elsewhere at Collindale Golf Course. However, except as otherwise permitted by this Agreement, no charges, fees or taxes of any nature shall be imposed by the City solely upon Concessionaire for exercising any right or privilege granted by the City to Concessionaire in this Agreement with respect to the use of the Concession Space and Clubhouse. Nothing herein shall prevent Concessionaire from protesting, through due process, any taxes levied. 4.8 Licenses. Concessionaire agrees to obtain, maintain, and pay for all licenses necessary in connection with its operation, including but not limited to, a County Health Department Food Services Establishment inspection, a Hotel -Restaurant with Optional Premises Liquor License, and a City business license and/or occupation license. Failure to qualify for a liquor license or other required license, or failure to obtain any such license within ninety (90) days of execution of this Agreement shall constitute a default hereunder. 4.8.1 Any such licenses held by the Concessionaire in connection with this Agreement shall be surrendered by the Concessionaire upon termination of this Agreement. 4.8.2 Upon Concessionaire's surrender of all licenses and acquisition of new licenses by such replacement concessionaire as the City may select, the City shall reimburse Concessionaire for such proportional amount of the cost of the license as may be attributable to any remaining period which may exist from the date of Concessionaire's surrender to license expiration. 4.8.3 For the purpose of the Hotel -Restaurant with Optional Premises Liquor License, the "premises" shall be defined to include the Collindale Clubhouse building and adjacent outdoor Patio, and the entire grounds of Collindale Golf Course. 4.9 Vending Machines/Beverage Carts. This Agreement does not contemplate Concessionaire's use of vending machines to supply food, beverages or incidental items during the April through September golf season. Any installation or use of vending machines is subject to the prior written consent of the City Representative. 4.9.1 Concessionaire shall be required to provide and operate a minimum of two (2) beverage/food carts in order to provide food and beverage services on the grounds of the golf course from April through September when a sufficient number of customers, as determined by the City, are golfing. City -owned or leased golf cart or maintenance vehicles shall not be used for this purpose unless approved by the City. ARTICLE 5 Employing Illegal Aliens 5.1 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Concessionaire represents and agrees that: 5.1.1 As of the date of this Agreement: 1. Concessionaire does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Concessionaire will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. 5.1.2 Concessionaire shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. 5.1.3 Concessionaire is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. 5.1.4 If Concessionaire obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Concessionaire shall: 1. Notify such subcontractor and the City within three days that Concessionaire has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Concessionaire shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 5.1.5 Concessionaire shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 5.1.6 If Concessionaire violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Concessionaire shall be liable for actual and consequential damages to the City arising out of Concessionaire's violation of Subsection 8-17.5-102, C.R.S. 5.1.7 The City will notify the Office of the Secretary of State if Concessionaire violates this provision of this Agreement and the City terminates the Agreement for such breach. ARTICLE 6 Term 6.1 Period. The term of this Agreement shall commence or on the date this Agreement is executed by the parties and, unless terminated sooner, shall expire on December 31, 2010. 6.2 Renewal -- 2011. This Agreement shall be automatically renewed for a period from January 1, 2011, until December 31, 2011, unless the Concessionaire is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2010. 6.3 Renewal -- 2012. This Agreement shall be automatically renewed for a period from January 1, 2012, until December 31, 2012, unless the Concessionaire is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2011. 6.4 Renewal -- 2013. This Agreement shall be automatically renewed for a period from January 1, 2013, until December 31, 2013, unless the Concessionaire is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2012. 6.5 Renewal -- 2014. This Agreement shall be automatically renewed for a period from January 1, 2014, until December 31, 2014, unless the Concessionaire is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2013. 6.6 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. 6.7 Holding Over. In the event that the Concessionaire, or its successor in interest, if any, shall remain beyond the term set forth herein, although no right to remain is given by this Article, it is the intention of the parties and it is hereby agreed that a right of use from month -to - month shall then arise subject to all provisions and conditions of this Agreement in connection with such right, except that the City shall have the sole right to determine reasonable fees for any holdover period. ARTICLE 7 Fee For Conducting Business 7.1 Concession Fee. For the privilege of conducting the concession operations hereunder, and the exclusive use of the Concession Space, the Concessionaire shall pay to the City 10% of Gross Sales, where Gross Sales are all taxable sales as reported on the City of Fort Collins monthly sales tax return, as the Concession Fee, as listed below: 7.1.1 2010 - $ 7.1.2 2011 - $ 7.1.3 2012 - $ 7.1.4 2013 - $ 7.1.5 2014 - $ 7.2 Busing and Tanitorial Services. During the term of the Agreement, Concessionaire shall provide busing and janitorial services described in Section 8.3, at the Concession Space and in designated locations of the Clubhouse and Patio. 7.3 Time of Payment. The Concessionaire shall pay the Concession Fee monthly no later than fifteen (15) days after the first day of the next month. 7.4 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due amounts at the rate of eighteen percent (18%) per annum from the due date, until paid. 7.5 Method of Payment. Payment for all fees under Article 7 shall be by check or money order payable to the order of "City of Fort Collins --Golf' and shall be mailed or personally delivered to the Accounting Department at 215 N Mason St, P.O. Box 580, Fort Collins, Colorado, 80522. ARTICLE 8 Utilities, Maintenance and lanitorial Duties 8.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash collection, recycling, basic clubhouse security system. The Concessionaire shall pay 25% of the natural gas and electric services to the Clubhouse building and that payment shall be due by the 151h of each month for previous month usage. 8.2 Maintenance and Repair. The City shall maintain and repair the Clubhouse building and Concession Space. The City and Concessionaire will split cost of repair of the City kitchen equipment and fixtures (defined in Article 9 and listed in Exhibit D). Concessionaire shall submit all requests for repairs or maintenance to the City Representative. Notwithstanding anything to the contrary contained herein, the City shall not in any way be liable to the Concessionaire for failure to make repairs as herein specifically required of it unless the Concessionaire has previously notified the City in writing of a need for such repairs, and the City has failed to commence and complete said repairs within a reasonable period of time following receipt of the Concessionaire's written notification. 8.2.1 The Concessionaire shall neither hold nor attempt to hold the City liable for any injury or damage, either approximate or remote, occasioned through or caused by defective electrical wiring or the breaking or stoppage of plumbing or sewage upon the Concession Space/Area, whether said breakage or stoppage results from freezing or otherwise. 8.3 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space and its fixtures clean and in good sanitary condition as required by the ordinances, resolutions, statutes and health, sanitary and police regulations of the City of Fort Collins, County of Larimer and State of Colorado. 8.3.1 Concessionaire shall thoroughly clean the entire Concession Space, including all equipment and fixtures, whether provided by the City or Concessionaire, the grills and exhaust, ovens, floors, sinks counters, refrigerators and all coils, at least four times per year at minimum on the following schedule: once prior to, once during, and once after the close of the April through September golf season, and one additional time during the October to March off-season. 8.3.2 Concessionaire is responsible for the ongoing cleanliness of the Concession Space in order to provide a clean and orderly appearance for golfers and the public, including but not limited to, busing and cleaning tables, chairs, patio deck, floor areas and common areas/hallways, removing trash accumulations to designated trash containers, and cleaning designated restrooms located in the clubhouse, and the patio deck. 8.3.3 Concessionaire is responsible for snow removal on the walks leading to the restaurant. The City will plow the parking lot when two or more inches of snow accumulate. ARTICLE 9 Acceptance and Trade Fixtures 9.1 Concession Space, City Equipment and Fixtures. In addition to the Concession Space, the City shall provide the following: 9.1.1 Existing equipment as listed on Exhibit "13", attached hereto and made a part hereof; 9.1.2 Lighting fixtures for general area illumination; and 9.1.3 Heat and air conditioning. 9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall acknowledge that it accepts the Concession Space as well as any City equipment and fixtures "as is:" 9.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit "E", attached hereto and made a part hereof, no equipment, trade fixtures, signs or other personal property used by Concessionaire in its business, whether or not attached to the Clubhouse or any improvements thereon, shall be installed without the prior written approval of the City. 9.4 Removal of Equipment, Trade Fixtures. Concessionaire shall have the right at any timeduring the term of this Agreement or upon termination and within ten (10) days thereafter, to remove all trade fixtures, equipment and other personal property subject to any valid lien the City may have thereon for unpaid rents or installation of equipment in lieu of Concession Fee pursuant to Article 7. Any property not so removed by Concessionaire upon termination shall become a part of the realty on which it is located and title thereto shall vest in the City. 9.5 Title to Improvements. Upon installation or erection of Improvements, such improvements (but excluding any of Concessionaire's personal property and trade fixtures which are attached or affixed thereto) shall become a part of the realty upon which they are between the hours of 9:00 a.m. and 5:00 p.m., at the offices of the City or Collindale Golf Course, at the City's election, all records, books and relevant related information as may be required for audit purposes. 4.6 Physical Interference. Concessionaire shall not do, nor permit to be done, anything which may interfere with the effectiveness or accessibility of the drainage system, sewerage system, fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if any, installed or located in the Clubhouse or elsewhere at Collindale Golf Course. 4.7 Taxes. Concessionaire agrees to pay all local, state and federal social security, unemployment insurance, sales, use, personal property, possessory interest, and other taxes, assessments and payments -in -lieu that, during the term of this Agreement or any extension hereof, may become a lien of which may be levied or charged by the State, County, City of Fort Collins or other tax -levying body upon or with respect to the Concession Space or Collindale Golf Course, upon any taxable interest acquired by the Concessionaire in this Agreement, or any taxable possessory right which Concessionaire may have in or to the Concession Space or facilities or the improvements thereon, by reason of Concessionaire's occupancy or use thereof, or otherwise, as well as all taxes on taxable property, real or personal, owned by Concessionaire or taxes on Concessionaire's operations or activities in or about the Concession Space, Clubhouse, or elsewhere at Collindale Golf Course. However, except as otherwise permitted by this Agreement, no charges, fees or taxes of any nature shall be imposed by the City solely upon Concessionaire for exercising any right or privilege granted by the City to Concessionaire in this Agreement with respect to the use of the Concession Space and Clubhouse. Nothing herein shall prevent Concessionaire from protesting, through due process, any taxes levied. 4.8 Licenses. Concessionaire agrees to obtain, maintain, and pay for all licenses necessary in connection with its operation, including but not limited to, a County Health Department Food Services Establishment inspection, a Hotel -Restaurant with Optional Premises Liquor License, and a City business license and/or occupation license. The parties agree that Concessionaire's failure to obtain a liquor license or other required license within ninety (90) days of execution of this Agreement will result in the immediate termination of this Agreement. Concessionaire must maintain any license necessary for its operations pursuant to this Agreement and any failure to do so will constitute a default of this Agreement. 4.8.1 Any such licenses held by the Concessionaire in connection with this Agreement shall be surrendered by the Concessionaire upon termination of this Agreement. 4.8.2 Upon Concessionaire's surrender of all licenses and acquisition of new licenses by such replacement concessionaire as the City may select, the City shall reimburse Concessionaire for such proportional amount of the cost of the license as may be attributable to any remaining period which may exist from the date of Concessionaire's surrender to license expiration. erected and title thereto shall vest in the City. Upon vesting, the Improvements become part of the Concession Space and are subject to the terms applicable to the Concession Space within this Agreement. 9.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal property installed by Concessionaire shall be subject to and conform in all respects to the applicable statutes, ordinances, building codes, rules and regulations of all governmental agencies which have jurisdiction over such matters. ARTICLE 10 Damage by Concessionaire The Concessionaire shall be liable for and shall repair, replace or cause to be repaired or replaced within fifteen (15) days after occurrence, any damage to the Clubhouse, including the Concession Space, or to City's property, equipment and fixtures (defined in Article 9) caused by Concessionaire, its officers, agents, employees or anyone acting under its direction and control, ordinary wear and tear excepted. All repairs or replacements shall be made promptly and when necessary and shall be in a quality and of a class at least equal to the original. If the damage for which Concessionaire is liable is to the Concession Space, Concessionaire shall continue to be liable for all rent/fees owed for the Concession Space. ARTICLE 11 Total or Partial Destruction 11.1 Concession Space or Other Major Component Rendered Untenantable. In case, during the term of this Agreement, the Concession Space, Clubhouse, Golf Course or any principal part of any one of them shall be destroyed or shall be so damaged by fire, flood or other casualty so as to be rendered untenantable or unusable as determined by the City: 11.1.1 Then, in such event, at the option of the City or Concessionaire, the term hereby created shall cease; and this Agreement shall become null and void from the date of such damage or destruction; and Concessionaire shall immediately surrender the Concession Space and its interest therein to the City; provided, however, that the City or Concessionaire shall exercise such option to so terminate this Agreement by notice, in writing, delivered to the other party within thirty (30) days after the City's determination of untenantability or unusability. 11.1.2 In the event neither the City nor Concessionaire shall elect to terminate this Agreement, this Agreement shall continue in full force and effect; and the City shall repair the Concession Space, Clubhouse, or Golf Course excluding Improvements or equipment, signs, trade fixtures or other personal property installed by Concessionaire, with all reasonable speed, placing the same in as good a condition as it was at the time of the damage or destruction. 11.2 Concession Space Only Untenantable. In the event of destruction rendering only the Concession Space untenantable, the City shall endeavor, but not be obligated to make substitute premises available for Concessionaire's use. During any period of use by Concessionaire of such substitute Concession Space, the City may direct that the Concessionaire's Fee shall be abated proportionately. 11.3 Components Tenantable. If the Clubhouse, Concession Space or Golf Course shall be only injured by fire or the elements to such extent so as not to render the same untenantable and unfit for use and occupancy, the City shall repair the same with all reasonable speed. 11.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction, Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment and other items of its personal property within five (5) days after request being made by the City. 11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused by Concessionaire as more specifically addressed in Article 10 of this Agreement, the provisions of Article 10 shall govern in any conflict between Article 10 and Article 11. 11.6 No Claim by Concessionaire. No compensation or claim shall be made by or allowed to Concessionaire by reason of any inconvenience or annoyance arising from the necessity of repairing any portion of the Clubhouse or Collindale Golf Course, however the necessity may occur. ARTICLE 12 Indemnification and Insurance 12.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever or whatsoever as a result of any operations, works, acts or omissions performed within Collindale Golf Course and Clubhouse by Concessionaire, its agents, employees or contractors unless caused by the negligence or willful misconduct of the City, its employees, agents or contractors. 12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City harmless from all claims, demands, judgments, costs and expenses, and legal fees including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by any person by reason of injury to or death of any individual person or persons, or by reason of damage to, destruction or loss of use of any property, including City's personnel and City's property, directly or indirectly arising out of, resulting from or occurring in connection with any operations, works, acts or omissions of Concessionaire. As used herein, the term "Concessionaire" includes the respective directors, officers, agents, employees, contractors and subcontractors of Concessionaire. In the event a subcontractor performs any work under this Agreement, the Concessionaire shall be responsible for any liability directly or indirectly arising out of the work performed by such subcontractor. 12.3 Intellectual Property Representation. Concessionaire represents that it is the owner of or is fully authorized to use any and all services, processes, machines, articles, makes, names or slogans used by it in its operation or in any way connected with this Agreement. 12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations hereunder, the Concessionaire shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement as specified in Exhibit "F", which is attached hereto and incorporated herein by this reference. 12.5 Precautions Against Injury. The Concessionaire shall take all necessary precautions in performing the operations hereunder to prevent injury to persons and property. 12.6 Failure to Insure. Neither the failure of Concessionaire to take out and/or maintain, nor the taking out and/or maintenance of any required insurance shall relieve Concessionaire from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations of Concessionaire concerning indemnification. In the event the Concessionaire fails to maintain insurance required hereunder, the City may, at its option, take out and maintain at the expense of the Concessionaire such insurance as the City may deem proper. The City may offset the cost of any such insurance from any monies that may be due or become, due to the Concessionaire under this Agreement. ARTICLE 13 No Interest in Real Property Concessionaire agrees that this Agreement constitutes merely a right to use and occupy the Concession Space for a limited purpose and does not create or convey to Concessionaire any interest in real property. ARTICLE 14 Assignment The Concessionaire shall not assign this Agreement, sublet or otherwise allow any person to take possession of all or any portion of the Concession Space without prior written consent of the City nor permit any transfer by operation of law of Concessionaire's interest created hereby, other than by merger or consolidation unless approved by City. ARTICLE 15 Right of City to Enter, Inspect and Make Repairs 15.1 In General. City and its authorized employees, agents, contractors and other representatives shall have the right (at such times as may be reasonable under the circumstances and with as little interruption to Concessionaire's operation as is reasonably practicable) to enter upon any part of the Concession Space for the following purposes: 15.1.1 To inspect such premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Concessionaire has complied with and is complying with the terms and conditions of this Agreement with respect to the premises; 15.1.2 To perform or cause to be performed maintenance and make repairs and replacements: and 15.1.3 To make structural additions and alterations. 15.2 Obstruction by City. All entries made for the purposes enumerated above shall, except as otherwise provided in Article 11, Total or Partial Destruction, be without abatement of rent for damage for inconvenience. However, in the event any entry by City in the Concession Space for the purpose of making repairs or alterations as provided for in Section 15.1.2 above (other than repairs necessitated as a result of damage by Concessionaire under Article 10) constitutes a substantial obstruction to and impairment of Concessionaire's right of use of such Concession Space, then Concessionaire shall be entitled to a fair and just abatement of the rent/fees for such premises during the period required by City to make such repairs. 15.3 Obstruction by Concessionaire. In the event that any personal property of Concessionaire shall obstruct the access of the City, its officers, employees, agents or contractors, or a utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Concessionaire shall move such property, as directed by the City or utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Concessionaire shall fail to so move such property after direction from the City or said utility company to do so, the City or the utility company may move it without liability for damage sustained in moving. 15.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article, by the City, or others under right of the City, shall not be, nor be construed to be, an eviction of Concessionaire, nor be made the grounds for any abatement of rental nor any claim or demand for damages against the City, consequential or otherwise, except claims for damages to person or property caused solely by the negligence of the City. ARTICLE 16 Default, Rights of Termination 16.1 Default by Concessionaire. Time of payment and performance is of the essence of this Agreement. Concessionaire shall be in default under this Agreement upon the occurrence of any one or more of the following events: 16.1.1 Concessionaire's failure to pay any fee or other charge when due and within five (5) workings days after notice from City of such nonpayment. 16.1.2 Concessionaire's failure to maintain the insurance required in Section 12.4. 16.1.3 Concessionaire's assignment of any right hereunder in violation of Article 14. 16.1.4 Concessionaire's failure to perform, keep or observe any of the terms, covenants or conditions of this Agreement within seven (7) days (or such longer time as may be necessary to cure, provided that cure is commenced within the initial seven (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. 16.1.5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an involuntary petition in bankruptcy against Concessionaire, the taking of possession of all or substantially all of Concessionaire's assets pursuant to proceedings brought under the provisions of any federal reorganization act or the appointment of a receiver of all or substantially all of Concessionaire's assets and the failure of Concessionaire to secure the return of such assets and/or the dismissal of such proceeding within ninety (90) days after the filing. 16.1.6 The abandonment for a period of seven (7) days by Concessionaire of the conduct of its services and operations during the season from the beginning of April through the end of September, or for a period of fourteen (14) days during the October through March off-season. 16.1.7 The assignment by Concessionaire of any or all of its assets for the benefit of creditors. 16.1.8 The death of the Concessionaire or dissolving of the Corporation. 16.1.9 After written notice to the Concessionaire of any violation of the personal conduct standards set forth in Section 4.4, 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 and received by the Director of Purchasing and Risk Management within ten (10) days after mailing of written notice of violation, a determination by the Director of Purchasing and Risk Management that the alleged violation has, in fact, occurred, and that such violation materially interferes with Concessionaire's ability to perform its services hereunder in a manner satisfactory to the City or otherwise impairs the benefits to be derived from the City by this Agreement, including the good will, satisfaction, health and safety of the general public. 16.2 City's Remedies on Default. 16.2.1 In the event of a default by Concessionaire, the City may terminate this Agreement effective immediately upon providing written notice of the termination to Concessionaire. In the alternative, the City may elect to keep the Agreement in force and work with Concessionaire to cure the default. If this Agreement is terminated, the City shall have the right to take possession of the Concession Space at the time of default. Concessionaire's liability to City for damages and rent shall survive the termination, and the City may re-enter, take possession of the Concession Space and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 16.2.2 Following re-entry or abandonment, City may make arrangements for use of the Concession Space by others and in that circumstance may make any suitable alterations or refurbish the Concession Space, but City shall not be required to make such arrangement for any use or purpose. 16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and remedies reserved pursuant to this Article are in addition to any other rights or remedies the City may have pursuant to this Agreement or to applicable law to seek judicial enforcement, damages or any other lawful remedy. ARTICLE 17 Miscellaneous Provisions 17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy available to the City, or Concessionaire, at law or in equity, and the exercise of any remedy, or the existence herein of other remedies or indemnities shall not prevent the exercise of any other remedy. 17.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to it by virtue of the breach of any covenant, condition or agreement herein by the other party shall not operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by such other party, nor shall such other party be relieved thereby from its obligations under the terms hereof. 17.3 Non -liability of Individuals Other than Concessionaire. With the exception of Concessionaire, no director, officer, agent or employee of either party shall be charged personally or held contractually liable by or to the other party under any term or provision of this Agreement or of any supplement, modification or amendment to this Agreement because of any breach thereof, or because of its or their execution or attempted execution of the same. 17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the Concession Space, or any part thereof, for any purpose or use other than those authorized by this Agreement. Concessionaire shall not permit nor suffer any disorderly noise or nuisance whatsoever about the Concession Space, Clubhouse or Collindale Golf Course. 17.5 Governing Law. This Agreement shall be performable and enforceable in Larimer County, Colorado, and shall be construed in accordance with the laws of the State of Colorado. 17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and Concessionaire, their successors and assigns, and is not made for the benefit of any third party. 17.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 17.8 Successors and Assigns. All covenants, stipulations and agreements in this Agreement shall extend to and bind each party hereto, its legal representatives, successors and assigns. 17.9 Headings. The titles of the several articles of this Agreement are inserted for convenience only, and are not intended and shall not be construed to affect in any manner the terms and provisions hereof, or the interpretation or construction thereof. 17.10 Legal Fees. In the event any legal action or proceeding is brought to collect sums due or to become due hereunder or any portion thereof or to enforce compliance with this Agreement for failure to observe any of the covenants of this Agreement, the losing party agrees to pay to the prevailing party the sums a Court may judge reasonable for legal fees, including attorneys' fees and costs, in such action or proceeding and in any appeal. 17.11 Incorporation of Request for Proposals/Entire Agreement. Request for Proposal Number 7009, and all specifications included therein, and the Proposal submitted and interview responses by the Concessionaire in response thereto, are incorporated and made a part of this Agreement by this reference, except that in the event of a conflict between such documents and the express terms of this Agreement, the terms of this Agreement shall prevail. This Agreement, which is the entire agreement between the parties hereto, supersedes all prior agreements, understandings, warranties or promises between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto, except as expressly incorporated herein. 17.12 Severability. In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either the City or the Concessionaire in his or its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. 17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier termination as herein provided, Concessionaire shall remove all of its property from Collindale Golf Course and surrender entire possession of its rights at Collindale Golf Course to City and its improvements in accordance with Section 10 above, unless this Agreement is renewed or replaced. 17.14 City Representative. The City designates the Director of Parks as its representative who shall make, within the scope of his/her authority, all necessary and proper decisions with reference to this Agreement. All requests for contract interpretations, amendments and other clarifications or instructions shall be directed to the City Representative. 17.15 Notices. Notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given upon personal delivery or upon deposit in the United States Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such other address as the parties may designate from time to time by notice given in accordance with this Section: To Concessionaire: To the City: Director of Parks City of Fort Collins 300 LaPorte Avenue P.O. Box 580 Fort Collins, Colorado 80522-0580 17.16 Schedules and Exhibits. Whenever reference is made in this Agreement to a Schedule or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule or Exhibit shall be deemed attached to and by this reference incorporated in this Agreement. 17.17 Force Majeure. Neither the City nor the Concessionaire shall be deemed in violation of this Agreement if prevented from performing any of its obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, act of public enemy, acts of superior governmental authority, weather conditions, rights, rebellion, sabotage or any other circumstances that are not within its control. 17.18 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. 17.19 No Relationship. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of employer and employee, principal and agent or a partnership or a joint venture between the parties hereto. 17.20 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. DRAFT. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. THE CITY OF FORT COLLINS, COLORADO 4TTP-,T- A Municipal Corporation By. City Clerk James B. O'Neill, II, CPPO, FNIGP Director of Purchasing and Risk Management APPROVED AS TO FORM: Assistant City Attorney By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) CORPORATESECRETARY 4.8.3 For the purpose of the Hotel -Restaurant with Optional Premises Liquor License, the "premises" shall be defined to include the Collindale Clubhouse building and adjacent outdoor Patio, and the entire grounds of Collindale Golf Course. 4.9 Vending Machines/Beverage Carts. This Agreement does not contemplate Concessionaire's use of vending machines to supply food, beverages or incidental items during the April through September golf season. Any installation or use of vending machines is subject to the prior written consent of the City Representative. 4.9.1 Concessionaire shall be required to provide and operate a minimum of two (2) beverage/food carts in order to provide food and beverage services on the grounds of the golf course from April through September when a sufficient number of customers, as determined by the City, are golfing. City -owned or leased golf cart or maintenance vehicles shall not be used for this purpose unless approved by the City. ARTICLE 5 Employing Illegal Aliens 5.1 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Concessionaire represents and agrees that: 5.1.1 As of the date of this Agreement: 1. Concessionaire does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Concessionaire will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. 5.1.2 Concessionaire shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. 5.1.3 Concessionaire is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. EXHIBIT A City of Fort Collins Cultural, Library and Recreational Services Golf Division Policy: Contractor Personnel Conduct and Demeanor, and Background Screening for Positions of Trust. Under the terms and conditions of each respective Agreement with the City, all Golf Professionals and Restaurant/Snack Bar Concessionaires (the "Contractor') shall control the conduct and demeanor of their employees, volunteers, and other representatives or agents of the Contractor that will be working on behalf of the Contractor in providing services to the City. The Contractor agrees to provide to the City at all times a current list of employees, volunteers, and other representatives or agents of Contractor that will be working on behalf of the Contractor in providing services to the City under their Agreement, and that all such employees, volunteers, and other representatives or agents of Contractor agree to adhere to the 'Behavior/Standards of Personal Conduct and Performance." Contractors and the City also hereby acknowledge and agree that certain services provided by the Contractor will require that specified employees, volunteers, and other representatives or agents of the Contractor act in "positions of trust' which can include the handling of and/or accounting for funds of the City and/or of City property, or direct contact with youth and members of the general public. Accordingly, each Contractor agrees that all specified employees, volunteers, or other representatives or agents of Contractor in positions of trust shall be screened/investigated at the expense of the . Contractor using the City's contracted background screening/investigation procedure as described in each respective contractor's Agreement; and that the results of such background screening/investigation shall be provided to the City prior to any such persons participation in the provision of services, as described in each respective contractor's Agreement. Each Contractor shall require the completion and execution of the Disclosure/Waiver form for all specified employees, volunteers, and other representatives or agents of Contractor. The purpose of this form is to provide the necessary information about an applicant and permission to review confidential information for a complete and thorough background screening/investigation. The Contractor shall provide to all said employees, volunteers, and other representatives or agents a Summary of Rights under the Fair Credit Reporting Act. The background screening/investigation shall include, but is not necessarily limited to, checking arrests and/or conviction records, driving records, credit history, education, previous employment and volunteer work and other records as may be appropriate, and references, including review of any records of information available to the City as a result of past employment or contractual relationships the employee, volunteer, or other representative or agent has had with the Contractor or the City. The City will provide assistance in completing the background screening/investigation, including providing the completed disclosure form to an outside vendor for a confidential records check. Contractor acknowledges that by providing such assistance the City assumes no responsibility for the timeliness, accuracy or completeness of the background screening/investigation, or for the direct or indirect consequences resulting from the same, and the Contractor shall hold the City harmless for any resulting injury or loss. The Contractor shall make job assignments and responsibility assignments based upon and in consideration of the background screening/investigation, and shall not permit any person to perform any position for which such person's character or suitability are reasonably in question based upon the information obtained in connection with a background screening/investigation. The City may, in its discretion, object to any assignments of Contractor Personnel to positions of trust, as based upon the background screening/investigation. In the event that information from the report is utilized in whole or in part in making an adverse decision with regard to potential employment/volunteer/representative/agent status, before making the adverse decision, the City will attempt to provide Contractor with a copy of the consumer report/criminal history. Specified employees, volunteers, and other representatives or agents of Contractors identified at this time to be in positions of trust shall include, but are not necessarily limited to, all top assistants, area or section managers, lesson providers, personnel that directly handle and/or account for City funds; and those positions that can work individually with youth or members of the general public. Contractor Process for Obtaining Background Screening/Investigation Information 4. Once an employee, volunteer, other representative or agent has been selected by the Contractor, the employee, volunteer, other representative or agent (applicant) shall complete the background screening/investigation form, which is titled "Disclosure to Prospective Employees, Volunteers, or Other Representatives or Agents of Contractors Regarding Procurement of a Consumer Report (including a criminal history report)." 5. When the employee, volunteer, other representative or agent (applicant) has completed and signed the form, the Contractor shall initial and date the bottom of the form, giving the bottom copy of the form to the applicant. The Contractor shall also give to the applicant at this time a summary of his/her rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act also imposes requirements and procedures related to any adverse decisions based upon credit information. 6. The Contractor keeps one copy of the form and forwards the original signed copy of the form to the Golf Division Administrative office. In order to expedite the processing time, the Contractor may also FAX a copy or bring the original copy of the form to the golf Division Administrative Aide. Once the Administrative Aide enters the form information into the computer, it takes three to four days for the City's contracted background screening/investigation firm to perform their service. Because of the large number of applicants being screened using this similar process, there shall be no notification to the Contractor unless an applicant receives a negative report within four days of the time that the Administrative Aide enters the information into the computer. Therefore, the applicant may begin assignment for the Contractor after four days unless the Contractor is notified otherwise. However, be aware that it is possible that we could receive a negative report after four days, and we will have to address the situation at that time. EXHIBIT B DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR OTHER REPRESENTATIVES OR AGENTS OF CONTRACTORS REGARDING PROCUREMENT OF A CONSUMER REPORT (including a criminal history report) In connection with your status as a prospective employee, volunteer, or other representative or agent of the Contractor, Contractor and the City of Fort Collins may procure a consumer report/criminal history on you as part of the process of considering your candidacy for said status. The investigation conducted in conjunction with the report may include an investigation of your personal employment/volunteer history, education, financial, and credit records, public records concerning your driving record, civil and criminal court records, county, state, and Federal tax liens, notices of default and bankruptcies, and other records as may be appropriate. In the event that information from the report is utilized in whole or in part in making an adverse decision with regard to your potential employment/volunteer/representative/agent status, before making the adverse decision, the City and the Contractor will attempt to provide you and the Contractor with a copy of the consumer report/criminal history and a description in writing of your rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives you specific rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document. By your signature below, you hereby authorize us to obtain a consumer report and/or an investigative report about you in order to consider your status as a prospective employee, volunteer, or other representative or agent for the Contractor. Applicant's Name: (Please Print) First Middle Last Signature: Applicant' Address: City/State/Zip: _ Driver's License #: Signature of Parent or Guardian: _ (if Applicant is under the age of 18). Other names used in the last seven (7) years: Date of Birth: Social Security #: Previous out-of-state address(es) in the past seven (7) years. 1. Address City County State Zip Address City County State Zip Please list any additional addresses on the back of this page. Contractors Initials: Date: City Staff Initials: Date: No Text Consumer reporting agegcies mat not report oufdated-;i egativa information , In most cases, a consumer`reporttng agency may no 'repart m- ega information that<'t5 more than seven years old, :or bankruptciesahat are.1110 than 10 years ald Access to;yWe. file is IijbW A consumer repoitin agency may provide inforrnaUon about you only to people wlth a yand nei i usually to consider an application ►vitll a creditor, Insurer employer landioril or.otfie- business The;FCRA specifies those with a valid need fdr • ; You must_give your consent%for reports to be provided to employers A consumer reEortmg agency may not give out �nfotmaton abaut you.tgyour �mplayer Lira potential P Y Y g? p Y en consent gene Aa is 40t - . cm to er, without our wr.'il en consent van to the:em l0 er Wntt required in thej'ruckmg industry. Far more;infarmau0n gu:ta wtvws''ftc a0v;credit Yau may limit 'prescreened" oderS:. tcreditand insurance yoyget bused on lnformahan, in.your credit report. ',,Unsohcited''`l%rescreened" atiers far:.credtt rind ►tisurance must include a toll fee. number you cats dill it you choose to remove your name and addrr<'s"s from the ; lists these'oMrs are hased�on.,You nay opt -out ti�ith ttle:naf onwide:credn bureaus at 1 8Qtl- XXX hXXX. :,ow - may s"eek damag4s^fram,.violators.lf aconsumer reporting agency„or in'some cases, 'a : user, of ctipsumer ieports or a fuinisher:af.inforination to a consumer`reportiig agericyviolates ". the'EC1tA you may.be,a. eao sue;in`state.o Bid eial cotiit. • Identity theft victims and''active duty military persannel:have additional rights .f or moire , In.formatioii, visit w%ww fte�aVlCredit. ,. States may enforce the FCRA, and many=states have their own "consumer reporting laws In some cases, you may have more rights undersfate law "For more information, contact your state orlocal consumer, protection agency or lour -state Attorney General irederul enforcer§ arc YPE OF.;BUSINE$S ONTACT nsumer reporting agencies creddors and others rt tided below ' ederai Trade Cammiasron Consumer Response Center FCRA ashen ton, DC 20580:15877-3824357•::; atianai banks federal:6�anches/agenaes oLfore gn banks (word ceof file Conrptroiter of ttle;Cwrency National or.)ntbais N;A" appear;in,or after bank's natnej` mplance Management, MapStop 6 ashl tort; DC:20219 SOM13.6743 ederal Reserve System;member bardcs (ex'cept national banks, and ederal Reserve Board etleral brancnesiagencies of foreign banks)- � , rvrsron ot:Consumer`B Canrriiinity Affairs"; ashli , ton;".DC 205511 `202y352.3693; avmgs associations acid federally chartered -savings banks.(word ; ice, of Thrift Supervision F.,ederal"orinitials FiSiB appearin;federaCinstitutian's'name), nsumer{Compiairiiz; a Fon`DG.20552' 800§!A2 ederal credituntons (Words "Federal Credit Urlioil appearm aGonat;Credit;UnionAdministration gst)tufion's,name) 1775OukeiStreot axaridifa;'1/A 2231ds :703=519�4600. ' ate-chartemd banks that are not mambers of the Federal Reserve ederal Deposit Insurance Corporation ystam sumer Resporse'.Centei• 23d5 Grand Avenue Suite 100 arises Ci , Missoun'84108 2�36 4 877.275 3347' r;surface:orraitcommoncaniersregulatedbyformerCivil artmentot;Transportation afficeofTinanciat:Managament;; aronautics.Board'or+Interstate.CommercebGommission ashi''toniDC:20590,.':202366.1306;::> `, ctivdtes subiect to the Packers and Stockyards, Act, 1921 .. nt of Agdculwre , ffice of Deputy,Agministrator,-: GIPSA ashin' ton, DC Mk : 202-720.7051 EXHIBIT D CITY OWNED EQUIPMENT COLLINDALE RESTAURANT/SNACK BAR EQUIPMENT AND FLOOR PLAN 02 Underbar equipment from left to right: 90 degree corner section 12" hand sink section 84" 3-compartment glass washing sink section 42" flat glass storage/staging section 36" ice bin/cocktail section 18" blender and dump sink section 18" flat top glass storage unit 02 Bar front & back millwork and cooler face. 03 Step-in bar cooler with double 36" hinged glass doors & bar drainer (beer taps/system by vendors) 04 Espresso deleted. 07 Pass window shelf/ledge 08 Work top with storage above/below. 07 Storage cabinet (s/s top by KEC, base by GC) 08 Storage cabinet (s/s top by KEC, base by GC) 09 Hand sink 10 Linen drop 11 Spare number 66 Ice maker & soda system 67 Storage cabinets (s/s top by KEC-base by GC) 68 Spare number 69 Ice machine and bin 70 China/utensil storage rack 71 Soiled dish landing table 72 Waste disposal with spray rinse 73 Condensate hood 74 Clean dishtable 75 3-compartment utensil wash sinks 76 Hand sink 77 Spare number 78 Pass -through salad & dessert refrigerator 79 Mega -refrigerated condiment table 80 Double overhead pass -over shelves 81 Utility chase from serving line to ceiling 82 Chefs plate landing table 83 Wait staff tray shelf & dish storage below 84 3-opening water bath baine marie hot food table 85 Hot food lamp 86 Undercounter refrigerator drawer unit 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 66 67 Pantry shelving units Exhaust hood, s/s wall panel & fire suppression Fryers Char grill with open base Flat top grill with over base & salamander over 4-open burner top range with oven Convection oven Exhaust hood & fire suppression Food mixer on stand w/tree Work table Convection steamer Hand sink 2-compartment vegetable prep sinks Food slicer Work table Freezer shelving Cooler shelving Walk-in cooler & freezer Dry storage shelving Lavatory Mop sink Chemical storage shelving Pass -through "turn" window sill (slider by GC) "Turn" window work table Work table Reach -in refrigerator Work table Hand sink Cook-n-hold hot food unit Spare number Spare number Deliver, set, assemble, start & calibrate All tables, chairs, and furniture Video Surveillance System Patio Furniture and Umbrellas (Upper Level) SCORECORD 14 -qQ?, V SLAU,fEES 1539 432: 434'389'-.2i9: 313, 18I�41!0 3513 45.;: W' 373 od 393 131 A22 - 71 469, I�M NMI MI MIMM M IM MMM MM 7, )ME .:SEE. . 'AY & MR) Q5J& MR) co SCORECORD 5.1.4 If Concessionaire obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Concessionaire shall: 1. Notify such subcontractor and the City within three days that Concessionaire has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Concessionaire shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 5.1.5 Concessionaire shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 5.1.6 If Concessionaire violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Concessionaire shall be liable for actual and consequential damages to the City arising out of Concessionaire's violation of Subsection 8-17.5-102, C.R.S.. 5.1.7 The City will notify the Office of the Secretary of State if Concessionaire violates this provision of this Agreement and the City terminates the Agreement for such breach. ARTICLE 6 Term 6.1 Period. The term of this Agreement shall commence January 1, 2010 or on the date this Agreement is executed by the parties and, unless terminated sooner, shall expire on December 31, 2010. 6.2 Renewal -- 2011. This Agreement shall be automatically renewed for a period from January 1, 2011, until December 31, 2011, unless the Concessionaire is in default beyond any applicable cure period 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. CITY OF FORT COLLINS GOLF DIVISION SUBJECT: Policy Statement on Golf Staff(Volunteer Usage at City Golf Courses PURPOSE: Establish and Amend Procedures and Guidelines for Eligible Golf Division Staff for Usage of City Golf Courses and Golf Carts EFFECTIVE: Effective July 1, 1995. Amended January 1, 1998; January 1, 2002; October 1, 2003; August 1, 2006; January 1, 2008 and February 1, 2009. Golf Division staff is eligible for discounted usage of City golf courses and City golf carts as follows: 1. 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 this policy. This includes both permanent 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 Concessionaire + 1 designated Manager. Volunteers 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 (year round), the contractual Golf Professionals and the Assistant Golf Professionals, and the contractual Restaurant/Snack Bar Concessionaire (+ I designated manager for each Restaurant Concessionaire), have no restrictions on play at any of the courses and can use golf carts if available. All Level 1 staff will pay the current surcharge fee whether they walk or ride. 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 number of rounds they can play at any of the courses and can use golf carts if available. All Level 2 staff will pay the surcharge fee whether they walk or ride. These reduced fees are not available before noon on weekends and holidays from Memorial Weekend to Labor Day. Once their work season is over (when they are not on the payroll), this level will pay '/2 price green fees, cart fees and range balls. This privilege runs through December 31" only, unless arrangements are made with the Director of Parks. (Level 3) Part Time staff that normally work 12 to 30 hours per week during the season (and a minimum of 48 hours per month) can play golf at their home golf course for the appropriate Surcharge Fees and 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 thru 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 at the reduced rates. Unused rounds cannot carry over to another time period. Once their work season is over (when they are not.on the payroll), this level will pay 'h price green fees, cart fees and range balls. This privilege runs through December 31" only, unless arrangements are made with the Director of Parks. (Level 4) City Golf Division Volunteers and Part Time staff working less than 12 hours per week 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 thru 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 at the reduced rates at their home course. Unused rounds cannot carryover to another time period. Volunteers and staff must work a minimum of 25 hours per month from March 1-October 15 to receive the above playing privileges. 3. Universal criteria for all staff who play City of Fort Collins Golf Courses: (a) All staff 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 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 staff will pay normal tournament fees to participate in tournaments, unless exempted by the Director of Parks. (c) Two staff members (in a group of two, three, or four players) who get reduced fee golf carts, should ride in one golf cart together, as two 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 with them. (d) All staff who use a golf cart will be expected to pick up trash on the course, report any problems, and generally "marshal" while on the course. (e) All staff who play on our courses are expected to be ambassadors for our courses and conduct themselves in a manner that is appropriate. (f) A round is a start, whether 9 or 18 holes. (g) As of 2/09, the current surcharge fee is $2.50 per nine. It is subject to change. 4. It is the responsibility of all staff members, 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, Superintendent or Restaurant Concessionaire to make sure his /her entire staff is adhering to all policies regarding staff course usage. 5. (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 volunteer/employee rounds will be kept at each course. 6. With the exception of Level I & Level 2 during the season while they are still working, all staff will pay % price for range balls for themselves only. Any Level staff that shares with family members, friends or anyone else is considered to be abusing the privilege and will be subject to disciplinary action and at least loss of privilege. 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 Director of Parks is solely responsible for any interpretations of this Policy. Any abuse of these privileges may result in the loss of future privileges. VOLUNTEER COURSE PRIVILEGES (to be given to volunteers) City Golf Division Volunteers may play golf for the appropriate Surcharge Fees and '/z the Regular cart fee (Senior cart rates do not apply). Range balls will be '/2 price and may not be shared with family, friends or anyone else. On weekends and holidays from Memorial Day thru 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 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 calendar month. Unused rounds cannot carryover to another time period. Volunteers must work a minimum of 25 hours per month from March 1-October 15 to receive the above playing privileges. (a) Volunteers 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 may also be asked to sign a log book provided by the Golf Professional for management purposes. (b) All volunteers will pay normal tournament fees to participate in tournament. (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 our 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, Superintendent, or Restaurant Concessionaire 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. An accurate accounting of volunteer rounds will be kept at each course. 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. 30 Pla` Panch.Cards 9 Hole 14 Play Punclt.Cazd:. $144 RSb, ($ lA 45 per pouch cr2cht value): 18=Hole 14-Play Punch Card,;.. $2G3:50 ($26 35 per"punch.crecirt .. rinnuaI -,pa'swt, Age, 47:&— d&'-and Age ',75+',1275 -$3 , 98, _0 425, 8 Ho I A 6 D+ Hole Age $14� , I W 9 Hole ijlikl G4er till -i18 Hale Single Goifer-$IT 6 —60+ 3: ,g Pnvate:Golf CartUsage Fees 1210 Daily or . 50"p e',AdI dd,e,d Surcharge Fees;. jPBI0j24./08.. Golf Play Statistics 2006 and 2007 Dailv Green Fee Play Records 2008 COLLINDALE '.9-HOLE 18-HOLE COUPONIDISCOUNT TWILIGHT 178 Under PRIME NON -PRIME N.P. 60-74 N.P. 75- PRIME NON -PRIME N.P. 60-74 N.P. 75. 178 Under 9 18 January - 0 0 0 0 0 0 0 0 00 0 0 0 February 150 19 0 155 26 6 0 128 19 1 2 6 :� 2 March 72 117 0 767 102 15 . 0 . 476 82 0 - 20 65 19 April - 95 87 505 836 121 .24 731 264 ,- 79 2 19 117 26 May 1 138 6 768 1,161 145 22 1.,274 301 127 - .5 6 - 54 27 June - 179 197 69 1,489 2D0 52 922 426. 144 6 87 2 3 July 179 179 831 1,603 207 73 691 511 204 _ 3 81 0 0 AUgUSt 135 82 654 .1,118 -166 68 .826 340- 144 8 23 22 September- 123 59 275 974 137 58 476 659 224 6 7 76 15 October 70 32 0 752 135 27 0 484 127 4 8 55 14 November -. 100 16 0 400 75 14 0 285 96 1 9 26' December -- 21 0 0 is 9 1 0 8 � 7 0 0 1 0 TOTAL 1,292 - T94 - 3.726 9,270 -1,723 360 4,9201 3,882 1,253 36 262 424 .111 2009 .. COLLINDALE- 9-HOLE . -16-HOLE. COUPONIDISCOUNT TWILIGHT 17 S Under - PRIME NON -PRIME N.P. 60-74 NP-75. PRIME NON -PRIME N.P. 60 - 74 N.P. 75t 178 Under 9 18 January - 139 13 2 208 37 'T 0 212 69 7 2 - 0 0 February 273 19 1 290 68 13 0 238 85 -3 1 0 0 Marcri - 62 107 0 80 at 15 3 589 - 167 6 19 0 0 Apra 93 70 193 127T 140 26 .;252 461 .178 12 13 0 0 May 89 .85 - .5181 _1,791 203 49 9641 776 239 25 711 9 - June 1321 1681 2521 1.7991 2791 48 . . 475 698 2301 16 - 701 3 TOTAL 738 462 965 6,229 1 800 - 158 1.694 2.974 968 1 69 216 12 1 86 �- z� . � ,,�.. 'P t ,rw - t qGi .#' �.: � ;� 3 �•*> t ,�.. 4 nr.G. �"."a � �<' ro� :- � s ! '� � �" ^a°'S .�.�C� �' Y4R a"A�r s r ^� �' 9� � d;; p W $3 F F.'cz a r �'� 4'°`3 adz ��' ' �w x rp L . t".. �g �;•t�. � �'�' 3. � � �' °�� „ R` °��' M `""a ,`�t "�b` ��rt Y �+aa +#b "'�a;,�,� �' F. �,y d ,a�'�� r� `�`.�'°�ti•t k' �` X�� �'+tiy �: yc'� y , p�K �a�3fi1 " � '-:/�x�i,�"w;., to �- K";U 9Q; �t°y.(1 y�'� 4 •��' ,�;' � it �«�M"• `�' �'✓' 01-'.;ru-a"' d �, "tiF.i a°. 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F "".+ L i'•o "ai s •^-G �° e c v'r, s �'. , re 9� , r { 5` z�' �v wFE, t' �� r �+'`.tr* ?f'y, ��+-' .:�� � n;. � t F � ,v ,fad, >� F• F R.�".', � �� .� �, � ,..� bzx+—rr,�,� �`'a .e r�G [a by ry au #� ��9A �^n w .0 h::s ® s Jpl i{R- �j � y ''x; r � �.+� �' h "` � �y �� •4 '' �^L ,, s '" ,a.A c JJ�j_•:SC'Cr��S�l rll�la r s f &� oY✓ {� '�1� d �f. S ..o Y� 7 �.'° ,s-.,H'_+.��..tl.�`+.. ��-�. �t i ;. j�',��(z' � :�` n•rr a tib .�'_a. tt�'-�rr'.%--�� N� r F ;. q' I) fir;. , ,4`rwy � ; u ✓ r _ CJ �, � U • • .O. +.., ? RA� a� <: r, § � b-�' 't "i .q `s{30 r (Noo00&POOTTTTS,. RESTAURANT & BREWERY Question 1 C.B. & Potts has been an integral part of this community for over 35 years. During that time our ability to change - with the times, and within the hospitality industry itself - has been a reason for our longevity and success. Our beginnings as a cook -your -own -burger pub evolved over the years to help us become adept at taking care of hungry sports teams, wedding rehearsal dinners, elegant banquets, and our local family and business community guests. We look forward to utilizing our expertise and resources to exceed all the needs of the golfing community at Collindale. C.B. & Potts is the preferred destination for the recreational athlete and the sports enthusiast for great food and drink. C.B. & Potts has been recognized in various newspaper polls, industry publications, and national competitions for excellence in culinary, brewery, and spirits products and programs. Our beer and beverage program has been honored as the best in the country by Cheers magazine three times in the last 7 years. Our staff for Collindale will include only those who are professional, courteous, committed and enjoy what they do. All our staff members will go through an extensive training program that will include responsible alcohol service, food safety, food and beverage knowledge, customer service, and golf etiquette. We are also dedicated to ongoing training and workshops that will be designed to suit the needs of the Collindale golf community and facility. The standard set for our staff will be to provide the outstanding customer service that will make Collindale the first choice for golfers. Our primary purpose will be to exceed all golfer and club house guests expectations by selling value priced, golfer friendly, superior quality food and beverage delivered with memorable service and gracious hospitality before, during and after each round. NOSH& POO TTTTS- RESTAURANT & BREWERY Question 2 Our plans for operating the concessions at Collindale Golf Course will be as follows: Store Leader: Chef: Bar Leader: Sous Chef: Regional Leader: Gerard Boyle Jim Davis Alex Eichman Reed Biggs Kevin Sheesley Our well trained staff, with over 50 years experience will attend to all golf- ers and club house guests' needs. This plan is consistent with our success at our other Colorado locations. Our commitment and accountability for this location rests with Gerard and Kevin, be it gracious hospitality, food and beverage quality or any special request from our golf and dining com- munity. The administrative side of operations will rely on the strength, experience and professionalism of our home office team. We have full accounting, payroll, legal, and technical support for our operations. All aspects of the store leader's job are supported, enabling him time to focus on fullfilling our"golfers first" philosophy. Our accounts -payable department is de- pendable and prompt. We can assure you that the systems, standards, policies and procedures for success will be in alignment with our proven track record of 35 years. 6.3 Renewal -- 2012. This Agreement shall be automatically renewed for a period from January 1, 2012, until December 31, 2012, unless the Concessionaire is in default beyond any applicable cure period or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2011. 6.4 Renewal -- 2013. This Agreement shall be automatically renewed for a period from January 1, 2013, until December 31, 2013, unless the Concessionaire is in default beyond any applicable cure period or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2012. 6.5 Renewal -- 2014. This Agreement shall be automatically renewed for a period from January 1, 2014, until December 31, 2014, unless the Concessionaire is in default beyond any applicable cure period 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, 2013. 6.6 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. 6.7 Holding Over. In the event that the Concessionaire, or its successor in interest, if any, shall remain beyond the term set forth herein, although no right to remain is given by this Article, it is the intention of the parties and it is hereby agreed that a right of use from month -to - month shall then arise subject to all provisions and conditions of this Agreement in connection with such right, except that the City shall have the right, acting reasonably, to determine reasonable fees for any holdover period; provided, however, such fees shall not increase by more than ten percent (10%). ARTICLE 7 Fee For Conducting Business 7.1 Concession Fee. For the privilege of conducting the concession operations hereunder, and the exclusive use of the Concession Space, the Concessionaire shall pay to the City a percentage of Gross Sales, where Gross Sales are all taxable sales as reported on the City of Fort Collins monthly sales tax return, as the Concession Fee, as listed below: Sales Percentage Payment Maximum Payment to City 0-1,000,000 8% $80,000 1,000,001 — 1,250,000 7% $87,500 1,250,001 — 1,500,000 6% $90,000 1,500,000 + 6% $112,500 %P* Rs P0TT TT 8- RESTAURANT & BREWERY Question 3 Our primary purpose is to exceed all golfer and club house guests'expectations by selling value priced, golfer friendly, superior quality food and beverage delivered with memorable service and gracious hospitality before, during and after each round. We will be adequately staffed every hour of the day to provide attentive and friendly service. All day parts will have a fully trained, designated manager on site. • Hours of operation: during golf season: Sunday through Thursday: 6 am -10 pm Friday through Saturday: 6 am - Midnight during off season: Sunday through Monday: 10 am - 9 pm or earlier as weather permits • Licensing, Workman's Comp and Insurance Certificates will be provided for the Board's review. • Code of Conduct - Taken from our team member handbook: • Appearance and Dress Code: All team members are to present themselves to all guests in a well groomed and professional manner • Personal Hygiene: Team members will be held to the highest standard. • Health Regulations & Sanitation: All Team members are expected to maintain and o serve common sense procedures to meet the highest standards of health and cleanliness. • Use of Restaurant/Conduct/Loitering: Off duty Team members must be out of uniform and out of the building one hour prior to closing. All team members must behave in a courteous and professional manner at all times and will be held to a higher standard of behavior than our guests. Violence of any nature is strictly prohibited. • No Smoking: All city codes will be upheld. • Equal employment opportunity: As an equal opportunity employer, we comply with all applicable laws prohibiting discrimination based on race, color, gender, age, national origin, religion, disability, marital status and all other categories protected by federal, state or local law. • Drug and Alcohol Policy: We prohibit the possession or consumption of alcohol and/or any prohibited controlled substance by our team members while on duty. • Liquor policies and procedures: All team members receive extensive training for responsible and legal service of alcoholic beverages. Our inventory and control is second to none. Simply said, nothing goes out without a ticket. Our expectations of ourselves are to be open when we say we are and have all available products on our menus at all times. Business Ready! Profit and Loss statements are available every four weeks as we run on a 13 period fiscal year. 4 Co 0 0 & P OTTTTS. , RESTAURANT & BREWERY Question 4 For the last 35 years we have enjoyed an excellent relationship with our local banking community. Our bank is US Bank of Fort Collins. We have an excellent payment relationship with all food and beverage vendors as well as all local media, trades, suppliers and other service providers. The following credit references are provided for your consideration. Ram International I, L.L.C. Federal Tax ID:91-2022784 Home Office: Jeffery B. Iverson Jr., Manager 10013 591h Ave SW PO Box 99010 Lakewood, WA. 98496 (253) 588-1788 Insurance Brokers: Arthur J. Gallagher 1015 A Street, PO Box 2925 Tacoma, WA 98401-2925 253-238-1130 Slim Pickins Meats P.O. Box 297 Berthoud, CO 80513 Paul Anderson 303-537-3470 Edwards Refrigeration 6712 N. Franklin Loveland, CO 80538 Greg Snyder 970-227-3292 Media Reference: Mark Schermerhorn 2725 Granada Hills Dr. Fort Collins, CO 80525 (970) 207-0465 phone (970) 204-4599 fax Banking Information: US Bank of Fort Collins 400 S Howes St. Fort Collins, Co 80521 970-493-5506 Trade References: Shamrock Food Service Dept 219 Denver, CO 80291-0219 Tracy Kraft 847-413-0082 x 1963 Aspen Baking 8025 E 401h Ave Denver, CO 80207 Jeff Nations 303-333-6025 List of all restaurant locations are available upon request. Co 0 0& POTTTTS. RESTAURANT & BREWERY Question 5 Our assessment is simple: The ability of the concessionaire to meet the needs of the golfer and club house guest must improve. Our primary purpose is to exceed all golfers and club house guests' expectations by selling value priced, golfer friendly, superior quality food and beverage delivered with memorable service and gracious hospitality before, during and after each round. It is our intent to have well trained team members that are able to recognize the needs of each guest at Collindale. We will offer five golfer friendly menus. 1. Before Menu: "Grab and Go" 2. "Breakfast Menu" 3. During Menu: "The Daily Fare" 4. "The Cart" 5. After Menu: "CB & Potts Collindale Menu" Our draft offerings will feature 2 local guest taps (New Belgium, O'Dell's) and will be rounded out with our own hand-crafted ales and lagers. We will feature these locally brewed beverages along with other domestic and imported favorites. We will provide the same standard of service with regards to the Concession Carts. Our expectation is to operate 2 carts during peak golf times and a minimum of one cart during off times. Our on -call cart service will enhance beverage service for all golfers. The Cart will feature a traditional array of candy, snacks, healthy alternatives and assorted beverages. Pricing will be consistent with other local courses as requested. Co 0 0 POTTTTS- RESTAURANT & BREWERY Question 6 Our C.B.&Potts menu selections have been community favorites for 35 years. In addition to our famous char -grilled burgers and steaks, we will provide an assortment of tasty sandwiches, chicken specialties, Wild Alaska Salmon and other seafood selections. We offer many health conscious menu items including grilled meats, wraps, hummus and vegetables, garden fresh salads and more. Of course, we are always able to accommodate special diets and any special requests. A sample of our menus are included in this proposal. Selections may vary depending on size and equipment in the kitchen. We will provide an array of options for any Collindale guest. They will include alcohol -free selections, local hand -craft brewed ales and lagers, domestic and imported beers, popular wines and an industry leading spirits program. We understand that the sale of alcohol is a privilege. All sales team members are required to be TIPS certified which is recognized by law enforcement agencies as the highest standard for responsible service. Our regional hospitality leader is a certified trainer of the TIPS Program and personally trains all team members. We are currently members of RAR (Responsible Alcohol Retailers) a voluntary organization for responsible alcohol service. We have included sample menus of our current food and beverage programs, Kids menu, as well as our proposed golfer friendly menus. (DO 0 0& POTTTTS- RESTAURANT & BREWERY C.B. & Potts Acknowledges receipt of the Addendum No.1 labeled "Speci- fications and Contract Documents" Description of RFP 7009: Collindale Restaurant Concessionaire Signature Date Co 0 s & POTTTS. RESTAURANT & BREWERY Collindale Potts Annual Payment Sliding Scale Sales Percentage Payment 0-1,000,000 8% 1,000,001-11250,000 7% 1,250,001-1,500,000 6% Maximum Payment to City $80,000.00 $87,500.00 $90,000.00 1,500,001 + 6% $112,500.00 Projected Sales and Corresponding Annual Payments Year Net Sales % Payment 2010-2011 $ 1,500,000 6% 2011-2012 $ 1,600,000 6% 2012-2013 $ 1,700,000 6% 2013-2014 $ 1,800,000 6% 2014-2015 $ 1,900,000 6% $ Payment to City $90,000 $96,000 $102,000 $108,000 $112,500 The City of Fort Collins will receive by the 15t" of the month, the proceeds due from the previous month's business. 01 No Text Raw rid m m I rid FM Breakfast 191e%ct0ions Available 5 a.m. 210 p.m. De . 0 ' � om°oomooam000m000mooD � o 0 0 D� o0 oom000m000m000m000m000m000m000m000 �� Do °O DooDm000m000m000mooam000m000m000m000mDoom000 0 e ' . °0 0 000m000m000m000m000m000moaomm � � omDoom000m000m000m000m000m000m000m000m000 lb� 0 �°Doom000m000m000m000m000m000m000m000m0oom0oo lb� 00 mo0om000m0oom000moo°m000m000m000m°oomoaom000 �� cue° • oom000m000mo°Om000m000mooam000m000m000 0 � o0 O°OOOOmODOmOOOmooOmmOmo0om000mO00mO000D000 �� ,,am mm000m000m000moo0000000000000000000000000 WLUS moaom000m°oom000m000m000m000m000m000..o e0 0 p4 C�Odd��1DG1dC� C�OdC� C�OML°��C� �Y] "� ,M, J VIS ft6 OM D 0 0 0000m000m000m000m000m000m000m0000c� 4z k ((iD oom000m000moo0m0oom°oom0oom0oom0000 m VQft6 Q'' ' 0 0' om000m000m000m000m000m0000m cahofth \A'Jft000m000m000m000m000m000m000moonom ooomo00m000m000m000m000m°oomoo0m0o0mmoo D 0 0 yo 0 omo00m00omoo0moo0m000mo0om0oom000m0oom0000 0 0 Um &M 2ndIAAId0.0°00.000moo°moo°m000m°°o° M la y� 000m000m000maoom000m000m000m000momm°oom Uo0 0 � ugummo0oom000m000m000m000m000m000m000moDom000mTo00� D &0 ' 0 J 0 � 0 0 0 000m000m000m°oom000 oTN V� Do 0 om000m000mo°o00000000000000000000m0000 0 0 Collindale Box lunch 6.9� Choice 0) sandvuich (sham, chicken, roast beef, or tuna salad) u �� Include-s choice of chips, candy bar. Tournament � 1Neeke.nd Grill Available during tournaments on Saturday Sunday 11 a.m. — 3 p.m. We-atlher permiiiing Check out our chefs featured Grill ISpecialties available next to the clubhouse "It smells so good ., and tastes even be < <er!" P J (�3@ffl • Efffl • Dr' • E MMO 00The Collindale Potts QV MUBM 0MV MUMM 1©in the Fun inMO0 at Potts Collincic�le! We're leaving four major parties this year. 144 Golfers will get a FREE entry. If your PGA golfer wins, you'll be our lucky winner. Prizes include Pro Shop 8 Restaurant gift cams. Everyone will enjoy our special themed menu £1 drink features. MG R2URQIZ ° t ft April 8-11 o Augusta National o Agusta, GA Featuring Southern Fried Chicken Specialities o Bourbon Specials Georgia Peach Teas o Lemon Shanty Beers Moto OpQM PORT June 17-12 o Pebble Beach o Pebble Beach, CA Featuring California Seafood Specialties o Fish Tacos California Wines o vodka Tonics o Corona Specials 4hQ o UoRoT)h OpQH July 15-18 o Old Course o St. Andrews Featuring Fish & Chips Specials o Scottish Ale Brews Scotch Features o•.Tanqueray & Tonics IPM MumpooUUDp ptft August 12-1S o Whistling Straits o Kohler, WI Featuring Bratwurst Specials o Wisconsin Cheese Nachos Brandy or Whiskey Old Fashioned Cocktails a Beer Deals! c4u l� �e � of e 4P ol a � 4 y 7.,'T - c . � _ b 7 , • The �ollindal e Potts f �� ❑r AT COLLINDALE GOLF COURSE o � 1' .,r i ^ r ` Gol fern Firs#.;.. Is always our protocol! Daily Concession Cart Specials for Golfers Food; - Liquor- Wine Soda/Gatorade • Beer Ranoe,`Concession Cart Full Service to pnving Range Customers j LeagueAirnher Happy Hour i } 1� oinen'sand`Men'sILeague Members Receive Happy Hour food & BeverageAnytime!j Annuai Pass Players Receive Happy, HourFood & Beverage Anytime!: i; Potts Collindale Fundraisers IAsk us about,our. 'Youth Learn To Golf fundraising efforts. Brews for the Gaine'• Golf Equipment Swap • Jr. Golf Tourney • Clubs for Kids ii Concession Cart,.On Call! -'Call "the'hot6ne"for instant service. We'll meet you at your T-Box, fairway or green! Golfors Wi-- mo __ lye Pr zi es! Sign up for our Collindale MVP E-mail Club and receive special offers, discounts, news and more. Win Gott Bags, Rounds of Golf, Gift Cards, Golf Balls, Clothing, Caps and more. oo� Sign Up Here Today!