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HomeMy WebLinkAbout260459 PLAY POINTE LLC DBA FORT FUN - CONTRACT - AGREEMENT MISC - FORT FUNSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Play Pointe LLC, dba Fort Fun, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services The Service Provider agrees to provide Youth Education & Enrichment Program Classes in accordance with the Scope of Services attached hereto as Exhibit A, consisting of one (1) page, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence March 15th, 2010 and shall continue in full force and effect until March 15th, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one (1) year periods not to exceed four (4) additional one (1) year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Attn: Purchasing Division PO Box 580 Fort Collins, CO 80522 SA 10/97 1 Service Provider: Play Pointe LLC, dba Fort Fun Attn: Jan McClure 1513 East Mulberry Fort Collins, CO 80524 Mr-M-10-CUAU YJ7•CO r'r-UIII• U- L =I W" I COWILIV ra9e:re 10oR CERTIFICATE OF LIABILITY INSURANCE oP )D wx DATE IMMIDDIYYYY F PLAYP-1 03 31 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Eagar insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Sox 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wiley CO 81092 Phone: 719-829-4811 Fax: 719-829-4871 INSURERS AFFORDING COVERAGE NAIC 0 INSURED INSURER A T.H.E. INSURANCE COMPANY PLAY POINT' LLC. INSURERS. FUN FORTRESA LLC DBA FORT FINSURERC. UN 1513 E. Mulberry INSURER D Fort Collins CO B0524 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED -NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR L MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE INSURANCE - POLICY NUMBER PA TEEXPIRATION MM/D IYYYY L DATE bAr"M LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIALGENERALLw81LITY CLAIMS MADE X❑ OCCUR OOMOMB8300 - 05/30/09 05/30/20 PREMISES Eeoctwanq $50,000 MED EXP (Any ono prrson) a N/A PERSONAL 4 ADV INJURY 31,000,000 - GENERAL AGGREGATE S 2 000, 000 . GENT AGGREGATE LIMIT APPLIES PER: POLICY JECT ML06 PRODUCT6 - COMPlOP AGG $1 , 000 , 000 AUTOMOBILE LIABILITY ANY AUTO -COMBINED SINGLE LIMIT IEa awlbent) S ALL OWNEOAUTOS SCHEDULED AUTOS BODILY INJURY (Per person) S MIRED AUTOS NON -OWNED AUTOS 8001LY INJURY (Par swoont) S PROPERTY DAMAGE (Per swioent) f • GARAGE LIABILITY AUTO ONLY . EA ACCIDENT S ANY AUTO �'- OTHERTHAN EAACC AUTO ONLY; AGG S S EXCESS I UMBRELLA LIABILITY OCCUR. F] CLAIMS MADE EACH OCCURRENCE S AGGREGATE g S DEDUCTIBLE I RETENTION s WORKERS COMPENSATION $ AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIV OFFICER/MEMBER EXCLUDED? (Mandatory to It yea, Oesafbe un0ef un- �. TORY LIMITS ER E t. EACH ACCIDENT ' E,t, DISEASE - EA EMPLOYEE S SPECIAL PROVISIONS below OTHER E.L. DISEASE -POLICY LIMIT E DESCRIPTION OP OPERATIONS I LOCATIONS I VEHIGLEB / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATFHOLDFR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AVTHORIZFp REPRESENTATIVE ACORD 25 (2009101) 01998-2009 ACORD CORPORATION_ All rinMa .e--.A The ACORD name and logo are registered marks of ACORD PRDDUP: ' THIS ENDORSEMENT CHANGES THE. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change o01 M imhor POLICY NUMBER POLICY CHANGES COMPANY OOM9MB1645 EFFECTIVE 03/1.5/10 T.R.E. INSURANCE COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE FUN FORTRESS, LLC AND PLAY.POINTE, LLC DBA: FORT FUN COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY CHANGES IN CONSIDERATION OF THE ADDITIONAL PREMIUM $150.00, IT IS HEREBY UNDERSTOOD AND AGREED THE POLICY IS AMENDED AS FOLLOWS: GENERAL LIABILITY: FORM CG1500795-DESCRIPTION OF HAZARDS -IS HERESY AMENDED AS FOLLOWS: ADD: GO KART DRIVING CAMP USING. FORT FUN'S GO KARTS LOCATION: FORT FUN GO KART FACILITY 1513 E. MULBERRY STREET FT. COLLINS, CO 80524 DATES: 3/15/10 THROUGE.THE END OF THE YEAR FORM CG20260704-ADDITIONAL INSURED -DESIGNATED PERSON OR. ORGANIZATION -IS HEREBY ADDED TO.THE POLICY. ADD ADDITIONAL INSURED: CITY OF FORT COLLINS ATTN: PURCHASING DIVISION P. 0. BOX 580 FORT COLLINS, CO 80522 FORM CG1311088-HOLD HARMLESS ENDORSEMENT -IS HEREBY ADDED TO THE POLICY. ADD HOLD HARMLESS FOR: CITY OF FORT COLLINS ATTN: PURCHASING DIVISION P. Q. BOX 580 FORT COLLINS, CO 80522 EVENT LOCATION: FORT FUN GO KART FACILITY, 1513 E. MULBERRY STREET, FORT COLLINS, CO 80524 A h' U'I:hlY l{ TERMS AND CONDITIONS REMAIN UNCHANGED. PC 3/23/10 State: CO IL 12 01 11 85 Authorized Representative Signature Page 1 of 2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT NUMBER 001 POLICYNUMBER 00M9MB1645 POLICY CHANGE EFFECTIVE: 03/15/10 COMPANY: T.H.E. Insurance Company NAMED INSURED: FUN FORTRESS, LLC AND PLAY POINTE, LLC DBA: FORT FUN HOLD HARMLESS ENDORSEMENT In consideration of an additional premium of $150.00 , it is agreed that within the Limits, Terms and Conditions set forth in the policy,. the Company will defend, indemnify and hold harmless: CITY OF FORT COLLINS ATTN: PURCHASING DIVISION P. O. BOX 580 FORT COLLINS, CO 80522 from any claim, demand, suit, loss, cost of expense, or any damage which may be asserted, claimed or recovered against or from: CITY OF FORT COLLINS ATTN: PURCHASING DIVISION P. 0. BOX 580 FORT COLLINS, CO 80522 by reason of any damage to property or bodily injury, including death, sustained by any person whomsoever and which damage, injury or death. arises by the negligence of FUN FORTRESS, LLC AND PLAY POINTE, LLC . DBA: FORT FUN' EVENT LOCATION: FORT FUN GO KART FACILITY 15.13 E. MULBERRY STREET FORT COLLINS, CO 80524. or by their agents, servants, and employees while acting in the course and scope .of their employment. Surplus Lines Tax $ N/A Stamping Fee $ N/A . Authorized Representative CG 131 (Ed. 10 88) POLICY NUMBER: OOM9tB1645 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY: ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the.following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addltlonal insured Persons Or Or anhmflon s CITY OF FORT COLLINS ATTN: PURCHASING DIVISION P. 0. .BOX 580 FORT COLLINS, CO 80522 1 I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section If — Who is An insured is amended to in- clude as an additional insured the person(s) or organk zations) shown in the Schedule, but only with respect to liability .for "bodily. injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behatf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 2,15 07 04 0 ISO Properties, inc., 20D4 Page 1 of 1 ❑ EXHIBIT C Background Checks for Positions of Trust Certain positions to be utilized by Service Provider in providing services to the City under this Agreement have been designated by the City as "positions of trust." Such positions include, but are not limited to, jobs where the employee or volunteer regularly works with youths or other members of the general public, enters private homes or property, or is responsible for accounting duties or management and control of City property. Service Provider will conduct a background investigation of persons to provide services to the City in such positions. The investigation shall include, but is not limited to, checking arrests and/or conviction records, driving records, credit history, previous employment and volunteer work, and references, including review of any records or information available to the City as a result of past employment or contractual relationships the employee has had with the City. The Service Provider shall make job assignment and responsibility assignments based upon and in consideration of the background 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 investigation. The City may, in its discretion, object to any assignments of personnel to positions of trust by Service Provider, based on the background investigation. The City may provide assistance in completing the background investigation, including providing the completed disclosure form to an outside vendor for a confidential records check. Service Provider acknowledges that by providing such assistance 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 Service Provider shall hold the City harmless for any injury or loss resulting therefrom. Process for Obtaining Background Check Information The Service Provider shall use the following procedure: 1. Once an employee or volunteer selection or assignment for work under the Service Provider Agreement with the City is made, the employee or volunteer shall complete the background check form attached to the Agreement as Exhibit D, which is titled "Disclosure to EmployeeNolunteer Regarding Procurement of a Consumer Report (Including Criminal History Report and Employment History Review)." The purpose of this form is to provide the necessary information about an applicant and permission to review confidential information, so that the Service Provider can complete a thorough background check. 2. If the Service Provider anticipates that the employee or volunteer will operate any vehicles or City equipment in providing services to the City, a driving record check shall be conducted in addition to a criminal check. The driving record check will be completed at the same time as the background check. 10 EXHIBIT D DISCLOSURE TO EMPLOYEEIVOLUNTEER REGARDING PROCUREMENT OF A CONSUMER REPORT (INCLUDING CRIMINAL HISTORY REPORT AND EMPLOYMENT HISTORY REVIEW) In connection with your employment/volunteer status in connection with sensitive contractual services being provided by your employer, Fort Fun, to the City of Fort Collins, your employer may procure a consumer report/criminal history on you as part of the process of considering your role as an employee/volunteer, and may obtain information from and share the resulting information with the City of Fort Collins for that purpose. 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, effort will be made to provide you 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 Fort Fun and/or the City of Fort Collins to obtain a consumer report and/or an investigative report about you in order to consider you for employment/volunteer status, including any records related to previous employment or contractual relationships you have had with the City of Fort Collins. Applicant's Name: Date of Birth: Applicant's Address: Signature: (Please Print) Social Security #:_ City/State/Zip: Signature of Parent or Guardian (if applicant is under age 18): Other Names Used in the Last Seven (7) Years: Previous Out -of -State Address(es) in the Past Seven (7) Years: 1. Address 2. City County State Zip Address City County State Zip Please list any additional addresses on the back of this page. Give this disclosure with a copy of the following "A Summary of Rights Under the Fair Credit Reporting Act" document to applicant. Retain a copy of the release for your records, and provide a copy of the release to the City of Fort Collins. 11 A Summary of Your Rights Under the Fair Credit Reporting Act The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA). Most CRAs are credit bureaus that gather and sell information about you -- such as if you pay your bills on time or have filed bankruptcy -- to creditors, employers, landlords, and other businesses. You can find the complete text of the FCRA, 15 U.S.C. 1681-1681 u, at the Federal Trade Commission's web site (http://www.ftc.gov). The FCRA gives you specific rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights. You must be told if information in your file has been used against you. Anyone who uses information from a CRA to take action against you -- such as denying an application for credit, insurance, or employment -- must tell you, and give you the name, address, and phone number of the CRA that provided the consumer report. You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars. You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs -- to which it has provided the data -- of any error.) The CRA must give you a written report of the investigation and a copy of your report if the investigation results in any change. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change. Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source. You can dispute inaccurate items with the source of the information. If you tell anyone -- such as a creditor who reports to a CRA -- that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you've notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error. 12 Outdated information may not be reported. In most cases, a CRA may not report negative information that is more than seven years old; ten years for bankruptcies. Access to your file is limited. A CRA may provide information about you only to people with a need recognized by the FCRA -- usually to consider an application with a creditor, insurer, employer, landlord, or other business. Your consent is required for reports that are provided to employers, or reports that contain medical information. A CRA may not give out information about you to your employer, or prospective employer, without your written consent. A CRA may not report medical information about you to creditors, insurers, or employers without your permission. You may choose to exclude your name from CRA lists for unsolicited credit and insurance offers. Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll -free phone number for you to call if you want your name and address removed from future lists. If you call, you must be kept off the lists for two years. If you request, complete, and return the CRA form provided for this purpose, you must be taken off the lists indefinitely. You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data, violates the FCRA, you may sue them in state or federal court. The FCRA gives several different federal agencies authority to enforce the FCRA: FOR QUESTIONS OR CONCERNS REGARDING FAIR CREDIT REPORTING CONTACT: CRAs, creditors and others not listed below Federal Trade Commission Consumer Response Center - FCRA Washington; DC 20580 (202) 326-3761 National banks, federal branches/agencies of foreign banks (word "National" or initials "N.A." appear in or after bank's name) Office of the Comptroller of the Currency Compliance Management, Mail Stop 6-6 Washington, DC 20219 (800) 613-6743 Federal Reserve System member banks (except national banks, and federal branches/agencies of foreign banks) Federal Reserve Board Division of Consumer & Community Affairs Washington, DC 20551 (202) 452-3693 Federal credit unions (words "Federal Credit Union" appear in institution's name) National Credit Union Administration 1775 Duke Street Alexandria, VA 22314 (703) 518-6360 State -chartered banks that are not members of the Federal Reserve System Federal Deposit Insurance Corporation Division of Compliance & Consumer Affairs Washington, DC 20429 (800) 934-FDIC Air, surface, or rail common carriers regulated by former Civil Aeronautics Board or Interstate Commerce Commission Department of Transportation Office of Financial Management Washington, DC 20590 (202) 366-1306 Savings associations and federally chartered Activities subject to the Packers and savings banks (word "Federal" or initials "F.S.B." Stockyards Act, 1921 appear in federal institution's name) Department of Agriculture Office of Thrift Supervision Consumer Programs Office of Deputy Administrator - GIPSA Washington, DC 20552 (800) 842-6929 Washington, DC 20250 (202) 720-705 13 EXHIBIT E REQUEST, AUTHORIZATION AND WAIVER I hereby request and authorize the City of Fort Collins, its officers, employees, and agents (collectively referred to as the "City"), at anytime within one year of the date of this request, to provide reference information, whether written or verbal to Fort Fun, concerning my employment with the City of Fort Collins. Such reference information may include, but is not limited to, my personnel files, objective and subjective evaluations of my employment performance, attendance records, and any other information of any kind, written or verbal, concerning my employment with the City of Fort Collins. I hereby fully waive any rights, claims, and damages I have or may have against the City that may directly or indirectly result from the use, disclosure or release of any information by the City, whether such information is favorable or unfavorable to me. Signature Printed Name Address Telephone Number State of Colorado County of Larimer Subscribed and sworn to before me this _ day of , 20_ by, My commission expires . 20 . SEAL Notary Public Date 14 EXHIBIT F City of Fort Collins-CLRS Adaptive Recreation Opportunities The City of Fort Collins Recreation Division provides equal and quality recreation opportunities to all members of the community. Individuals of all abilities should have the opportunity to equally participate in any class of their choice. The Adaptive Recreation Opportunities program (ARO) works with all program areas to ensure that people with disabilities have the necessary accommodations or support they need to participate in any recreation program at their highest level of independence. Inclusion Objectives: 1.) To welcome and support individuals with disabilities into any recreation programs, activities or facilities that the Recreation division has to offer. 2.) To provide the accommodations they need to participate as fully and independently as possible in the least restrictive environment. 3.) To be included as a valued member of their class and benefit equally from all the physical, cognitive and social values that the program offers. Inclusion Procedures: 1. The Therapeutic Recreation Specialist (CTRS), in collaboration with other city staff, will make every reasonable accommodation possible to include individuals with disabilities into recreation programs and activities. 2. All special accommodation requests will be processed through the CTRS. A two -week advance notice is requested to assure a positive experience. Requests are received by checking the Special Needs box on the registration form; by a direct request from an individual, parent or provider; or by the class instructor. 3. The CTRS will assess the individual's needs and abilities and then develop an accommodation or support plan to allow the person to fully participate and equally benefit from the class. This plan is developed with input from many resources: instructors, program coordinators, participants, physicians or other therapists, family members etc. 4. The CTRS will work with the class instructor and program coordinator to discuss the needs of the participant to be included, class content, curriculum, equipment, and environment to foresee any needed accommodations and answer any questions they may have. 5. Accommodations may include sign language interpreters, modified equipment or techniques or 1:1 support companions. The specific program area in which the participation occurs will pay any costs associated with accommodation support. . 6. Participants may provide their own support companions who will be admitted at no cost to the activities. The CTRS will also arrange sign language interpreters, volunteers, interns, students or City staff for support. City staff members in specific program areas who have the interest, experience or desire, are encouraged to be trained for on -going support needs. 7. All support companions are trained for individual support by the CTRS. 8. If needed, an ARO staff member will attend the first class with the participant and companion, then continue communication and support with all parties involved through the duration of the program. 9. Evaluation and follow up will occur after the class has ended Questions or more information? Call Renee Lee, CTRS, at 224-6027. 15 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, the sum equal to fifteen -dollars ($15.00) of all registration fees at the conclusion of the program. 6. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service Provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty Service Provider warrants that all services shall be provided with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. 11. Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: a. Terminate the Agreement and seek damages; b. Treat the Agreement as continuing and require specific performance; or SA 10/97 2 EXHIBIT G Special Provisions Invoice Information: All invoices are due to Service Provider within 30 days of Organization's receipt of the invoice. City's Organization Coordinator is responsible for reconciling roster information and counts with onsite Service Provider Director during the Class. Miscellaneous: Any revenue from sales to participants by Service Provider or its Partners shall remain the property of Service Provider (i.e. purchase of additional use of go-kart track). Responsibilities: City will be responsible for: • Taking all registrations and collecting the $24 fee per participant for each class. • Listing the class in the City's "Recreator" publication • Will provide Service Provider with one City Recreation Department staff member at the class for check in and other customer service duties. • Will provide Service Provider with background check procedures for the Service Provider staff that will work with children or other at risk individuals. Service Provider will be responsible for: • Providing all staff and equipment for the classes • Providing and maintaining insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B". • The compensation of all staff teaching the class. • Providing and maintaining Workers Compensation Insurance to all staff teaching the class. • Ensuring all instructors have passed the City's background check prior to working with children or other at risk individuals. • Providing information to participants. Restrictions: Participants must be 8-12 years old, be at least 50 inches tall, wear closed -toe shoes, dress for weather and provide their own water bottle. Long hair must be pulled -back. In case of inclement weather, participant will be notified. 16 c. Avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance a. The Service Provider agrees to .indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Director of Purchasing and Risk Management, PO Box 580, Fort Collins, Colorado 80522, one (1) copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Rights of Ingress and Egress Service Provider shall have the right of ingress and egress to and from the City's fields and facilities for Service Provider's employees, agents and invitees to the extent reasonably necessary in connection with the conduct of Service Provider's business under this Agreement. Areas designated as restricted areas by the City shall be excluded. SA 10/97 3 18. Service Provider Personnel Service Provider shall control the conduct and demeanor of its agents and employees. The Service Provider agrees to provide to the City at all times a current list of employees, volunteers and other representatives or agents of Service Provider that will be working on behalf of Service Provider in providing services to the City under this Agreement. The Service Provider and the City acknowledge and agree that certain services provided by Service Provider will require that employees and volunteers of Service Provider 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, Service Provider agrees that all employees, volunteers, and other representatives or agents of the Service Provider in positions of trust, as described in Exhibit C, consisting of one(1) page, attached hereto and incorporated herein by this reference, shall be screened using the background screening procedure described on Exhibit C, 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 Service Provider shall require the completion and execution of the Disclosure Form, attached hereto as Exhibit D, consisting of three (3) pages and incorporated herein by this reference, and the Request, Authorization and Waiver Form, attached hereto as Exhibit E, consisting of one (1) page and incorporated herein by this reference, and shall provide to the employee/volunteer of the Summary of Rights under the Fair Credit Reporting Act, included as part of Exhibit D. 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. Service Provider acknowledges that in such event, by providing such assistance to Service Provider 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 Service Providershall hold the City harmless for any injury or loss resulting therefrom. In the event that a background check, or any other information available to the Service Provider 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. Upon 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 Service Provider, the Service Provider shall immediately take all lawful steps to remove the cause of the objection SA 10/97 4 or to remove such individual from the performance of any services provided hereunder. If the City so requests, Service Provider 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. 18. Licensing and Taxes Service Provider shall obtain and pay for all licenses needed to operate youth sports programs including, but not necessarily limited to, City and State sales tax licenses. Any such licenses held specifically by the Service Provider in connection with this Agreement shall be surrendered by the Service Provider at the time of termination of this Agreement. Service Provider agrees to pay all lawful taxes, assessments and payments -in -lieu which, during the term of this Agreement or any extension hereof. 19. Laws, Rules & Regulations The operation by Service Provider of youth sports camps granted under this Agreement shall, at all times, conform with all applicable Federal, State, and local laws and with all applicable rules 20. ADA Compliance The City of Fort Collins Recreation Division proudly supports the Americans with Disabilities Act (ADA) and is dedicated to providing programs and services to citizens with disabilities. Agencies contracted by the City to provide programs and services shall also be responsible for providing and paying for the necessary accommodations or support for individuals with disabilities to participate in any activity of their choice. This may include, but is not limited to, hiring sign language interpreters, modifying instructional technique and equipment, providing trained staff or volunteers for one on one support. The City will be responsible for any structural ADA modifications to the facility and provide staff training and resources for determining and implementing accommodations. Please refer to the City of Fort Collins - CLRS Inclusion Procedures, attached as Exhibit F. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a SA 10/97 subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider 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. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit G, consisting of one (1) page, attached hereto and incorporated herein by this reference. SA 10/97 THE CITY OF FORT COLLINS, COLORADO By: James 'Neill II, CPPO Director of Purchasing and Risk Management Date: SERVICE PROVIDER: Play Pointe LLC dba Fort Fun By: 6r Print Name: Title: 0404Q4 Date: 4- /$ - 2,010 SA 10/97 7 EXHIBIT A Scope of Services General Information: The City and Service Provider are partnering to offer a series of classes that are called "Junior Drivers" ("Junior NASCAR" for first session) at the Service Provider's go-kart facility. Classes will take place periodically starting March 15th, 2010 and running through the Fall "Recreator" publication cycle that ends December 31 st, 2010. Objective: This class will teach 8-12 year old participants to be safe, educated go-kart drivers; skills that will transfer to the everyday driving world. Covered in the class includes: seat belt safety, rules of the road, braking, making turns, driving in lanes, passing, knowing when to yield, and driving defensively. H. EXHIBIT B Insurance Requirements The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider 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 evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement: The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.