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HomeMy WebLinkAbout130689 SKYHAWKS SPORTS ACADEMY - CONTRACT - AGREEMENT MISC - SKYHAWKS SPORTS ACADEMY (2)SERVICES 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 Skyhawks Sports Academy, Inc., 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 Sports Programs in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of six (6) pages, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence March 22nd, 2010 and shall continue in full force and effect until March 22"d, 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, Purchasing PO Box 580 Fort Collins, CO 80522 SA 10/97 Service Provider: Skyhawks Sports Academy, Inc. Attn: Chris Stiles 6311 E. Mt. Spokane Park Drive Mead, WA 99021 Confirmation of Services Ft Collins Parks and Recreation 1/14r10 5:50 Media Information - Guide Organizations media promoting Skyhawks programs must first be approved by Skyhawks. Depending upon the number of organizations participating, as well as the size of the lists provided, a local guide is produced by Skyhawks listing the programs available in an area. We use a bonded mailing house for our mailings. This means the list will be used one time for this specific piece of media and then the list is destroyed. ❑x Yes, we have a mailing list we will provide Skyhawks. ❑ No, please ask again next year. Contact: Phone: Email: Notes: edia Information - Flyers Flyers are needed by: Org needs flyers for their organization ❑x Yes ❑ No Number of Flyers: 200 Org needs flyers to distribute to schools ❑x Yes ❑ No Number of Flyers: 13,000 Flyer Bundling ❑ 20 x❑ 25 ❑ 30 ❑ 35 ❑ Other: Bundling Notes: Other f777320Ir0 Notes: Mail Flyers To Org: IFt Collins Parks and Recreation Contact Imarc Rademacher Address: 1413 South Bryan Avenue Address 2: City, ST, Zip: IFort Collins, CO 80521 Approximate Count of List Names 5,000 We will provide a mailing list via: ❑ None ❑ Disk ❑ Email ❑x Labels ❑ Data Entry Email to: Mail to: eskar@skyhawks.com Skyhawks Sports Academy 6311 E. Mt. Spokane Park Or, Mead, WA 99021 Flyer Options O Copyright 2009 Skyhawks Sports Academy, Inc. All Rights Reserved Include the Org's Logo on Promo Material ❑x ves ❑ No Please provide graphic logo in .tif or jpeg format. A physical School Approval Stamp must be ❑ Yes ❑x No printed on each flyer. School Disclaimer must be printed on flyer. ❑ Yes ❑x No Disclaimer Text: Who will deliver flyers to the schools? School Permission will be obtained by: ❑x ORG ❑ SSA ❑ ORG ❑ SSA Page 3 of 6 10 Confirmation Of Services Ft Collins Parks and Recreation 1114/10 5:50 Session Schedule Please review all dates, times, prices, ages, and course numbers for accuracy. COURSE NUMBERS LISTED HERE WILL PRINT ON ALL OUR MEDIA. If you have different course numbers, please provide them here. For all completed and approved programs, Skyhawks will bill bi-weekly thoughout the summer. For special billing needs, please contact your AM (Mike DuVarney) or Erika Skar at 800.804-3509 x333. Dates Advertised Attendance Age Activity Location Time Price Min/Max Group Course # Mini -Hawk (Soccer, 06/01/10-06/0412010 9:OOAM-12:OOPM $94.00 15148 AGES 4-7 36335-16 Baseball & Basketball) CityPark Field #6 Fee $90.00 4 Day Session Fee 70% SSA / 30% Org Breakdown: $4.00 Admin Fee 100% Ong Cheerleading 06/07/10-06/11/2010 9:OOAM-12:OOPM $118.00 15/56 AGES 5-9 36335-15 / Youth Activity Center Fee $114.00 112 Day Session Fee 70% SSA / 30% Org Breakdown: $4.00 Admin Fee 100% Org Mufti -Sport (Soccer & Flag 06107110-06/1112010 VOOPM-3:00PM $80.00 15/56 AGES 6-10 36335-08 J Football) City Park Feld #'I Fee 876.00 2 Hour Session Fee 70% SSA 130% Org Breakdown: $4.00 Admin Fee 100% Org Flag Football 06/14/'10-06/18/2010 9:OOAM-12:OOPM $118.00 15156 AGES 6-12 36335-11 Fossil Creek Park Fee $114.00 112 Day Session Fee 70% SSA / 30% Ong Breakdown: $4.00 Admin Fee 100% Ong Mini -Hawk (Soccer, 06/141'10.06/'18120'10 9:00AM-12:00PM $118.00 IS/48 AGES 4-7 36335-05 Baseball & Basketball) Spring Canyon Community p g y Park Fee b 114.00 1/2 Day Session Fee 70% SSA / 30% Org Breakdown: $4.00 Admin Fee 100% Org Basketball 06/28/10-07/02/2010 9:OOAM-12:OOPM $118.00 15/40 AGES 6-10 36335-03 J Northside Aztlan Community Fee $114.00 112 Day Session Fee 70% SSA / 30% Org Center Breakdown: $4.00 Admin Fee 100% Org Soccer 06/28/10-07/0212010 9:OOAM-12:OOPM. $80.00 15/56 AGES 6-12 36335-01 Fossil Creek Park Fee $76.00 Soccer Anniversar y Speaa 70% SSA / 30% Org Breakdown: $4.00 Admin Fee 100% Org / Beginning Volleyball 07/05110-07109/2010 9:OOAM-12:OOPM $118.00 15/48 AGES 7-14 36335-14 Youth Activity Center Fee $1 WOO 112 Day Session Fee 70% SSA / 30% Org Breakdown: $4.00 Admin Fee 100% Org O Copyright 2009 Skyhawks Sports Academy, Inc. All Rights Reserved Page 4 of 6 11 Confirmation of Services Ft Collins Parks and Recreation 1114110 5:50 Dates Advertised Attendance Age Activity Location Time Price Min/Max Group Course # Mini -Hawk (Soccer, 07/05/10-07/09/2010 9:OOAM-12:OOPM $118.00 15/56 AGES 4-7 36335-06 Baseball & Basketball) Fossil Creek Park Fee $114.00 1/2 Day Session Fee 70% SSA 130 % Org Breakdown: $4.00 Admin Fee 100% Ong Lacrosse 07/12110-07/16/2010 9:OOAM-12:OOPM $118.00 15/48 AGES 6-12 36335-12 / Spring Canyon Community Park Fee $114.00 112 Day Session Fee 70% SSA 130% Ong Breakdown: $4-00 Admin Fee 100% Ong Multi -Sport (Soccer & Flag 07/12/10-07/16/2010 1:OOPM-3:00PM $80.00 15/56 AGES 6-12 36335-13 Football) City Park Field #'I Fee $76.00 2 Hour Session Fee 70% SSA 130% Org Breakdown: $4.00 Admin Fee 100% Org Baseball 07/19110-07/23/2010 9:00AM-12:00PM $118.00 15/48 AGES 6-12 36335-02 Spring Canyon Community Park Fee $114.00 112 Day Session Fee 70% SSA / 30% Org Breakdown: $4.00 Admin Fee 100% Ong Beginning Golf 07/19110-0712312010 9:OOAM-12:OOPM $133.00 15/24 AGES 5-8 36335-10 Spring Canyon Community Park Fee $114.00 1/2 Day Session Fee 70% SSA 130% Ong Breakdown: S15.00 SSA Equipment Fee 10D% SSA $4.00 Admin Fee 100% Org Basketball 07/26110-07/30/20'10 1:OOPM-4:OOPM $118.00 15/40 AGES 7-12 36335-04 Youth Activity Center Fee S114.00 112 Day Session Fee 70% SSA 130% Ong Breakdown: S4.00 Admin Fee 100% Ong Mini -Hawk (Soccer, 07/26P10-07/30/2010 9:00AM-12:00PM $118.00 15/56 AGES 4-7 36335-07 Baseball & Basketball) City Park Field #6 Fee $114.00 112 Day Session Fee 70% SSA / 30% Org Breakdown: $4.00 Admin Fee 100% Ong Multi -Sport (Basketball & 08/02/10-08/0612010 9:OOAM-12:OOPM $118.00 15/56 AGES 6-12 36335-09 Flag Football) Fossil Creek Park Fee $114.00 1/2 Day Session Fee 70% SSA ! 30% Org Breakdown: $4.00 Admin Fee 100%0rg v Copyright 2009 Skyhawks Sports Academy, Inc. All Rights Reserved Page 5 of 6 12 Confirmation of Services Ft Collins Parks and Recreation 1/14110 5:50 Location Information Make sure all locations have directions. These directions are given to participants and coaches so they can find their way to the program. Name: City Park Field #1 Address: W Mulberry Street Address 2: Directions: City/St/Zip: Fort Collins. CO 80521 Comer of W Mulberry Street and S Shields Street. Name: City Park Field #6 Address: W Mulberry Street Address 2: Directions: City/Stop: Fort Collins, CO 80521 . Comer of W Mulberry Street and S Shields Street. Name: Fossil Creek Park Address: 5821 S. Lemay Avenue Address 2: Directions: City/St2ip: Fort Collins, CO 80525 From CO 38/68 go south on S. Lemay Avenue. The park will be on your right. Name: Northside Aztlan Community Center Address: 112 Willow St Address 2: Directions: City/St/Zip: Fort Collins, CO 80524 From N College Avenue go east onto Willow Street. Name: Spring Canyon Community Park Address: 2626 W. Horsetooth Road Address 2: Directions: City/St/Zip: Fort Collins, CO 80526 From S College Avenue, go west on Horsetooth Road. Cross over S. Taft Hill Road_ The park will be ahead Name: Youth Activity Center Address: 415 East Monroe Address 2: Directions: City/St/Zip: Fort Collins, CO 80525 From S College Avenue and E Horsetooth Rd go north on S College Avenue. Make a right onto E Monroe Drive. Drive through the shopping center and the Youth Activity Center will be at the end of the drive. ©Copyright 2009 Skyhawks Sports Academy, Inc. All Rights Reserved Page 6 of 6 13 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. 14 EXHIBIT C City of Fort Collins Cultural, Library and Recreational Services Golf Division Policy: Contractor Personnel Conduct and Demeanor, and Background Screening for Positions of Trust. Under the terms and conditions of each respective Contractor's Agreement with the City, all Recreation Professionals and Restaurant/Snack Bar Concessionaires shall control the conduct and demeanor of their employees, volunteers, and other representatives or agents of the Contractor that will be working on behalf of the Contractor in providing services to the City. The Contractor agrees to provide to the City at all times a current list of employees, volunteers, and other representatives or agents of Contractor that will be working on behalf of the Contractor in providing services to the City under their Agreement, and that all such employees, volunteers, and other representatives or agents of Contractor agree to adhere to the "Behavior/Standards of Personal Conduct and Performance." Contractors and the City also hereby acknowledge and agree that certain services provided by the Contractor will require that specified employees, volunteers, and other representatives or agents of the Contractor act in "positions of trust" which can include the handling of and/or accounting for funds of the City and/or of City property, or direct contact with youth and members of the general public. Accordingly, each Contractor agrees that all specified employees, volunteers, or other representatives or agents of Contractor in positions of trust shall be screened/investigated at the expense of the Contractor using the City's contracted background screening/investigation procedure as described in each respective contractor's Agreement; and that the results of such background screening/investigation shall be provided to the City prior to any such persons participation in the provision of services, as described in each respective contractor's Agreement. Each Contractor shall require the completion and execution of the Disclosure/Waiver form for all specified employees, volunteers, and other representatives or agents of Contractor. The purpose of this form is to provide the necessary information about an applicant and permission to review confidential information for a complete and thorough background screening/investigation. The Contractor shall provide to all said employees, volunteers, and other representatives or agents a Summary of Rights under the Fair Credit Reporting Act.. The background screening/investigation shall include, but is not necessarily limited to, checking arrests and/or conviction records, driving records, credit history, education, previous employment and volunteer work and other records as may be appropriate, and references, including review of any records of information available to the City as a result of past employment or contractual relationships the employee, volunteer, or other representative or agent has had with the Contractor or the City. The City will provide assistance in completing the background screening/investigation, including providing the completed disclosure form to an outside vendor for a confidential records check. Contractor acknowledges that by providing such assistance the City assumes no responsibility for the timeliness, accuracy or completeness of the background screening/investigation, or for the direct or indirect consequences resulting from the same, and the Contractor shall hold the City harmless for any injury or loss resulting therefrom. The Contractor shall make job assignments and responsibility assignments based upon and in consideration of the background screening/investigation, and shall not permit any person to perform any position for which such person's character or suitability are reasonably in question based upon 15 the information obtained in connection with a background screening/investigation. The City may, in its discretion, object to any assignments of Contractor Personnel to positions of trust, as based upon the background screening/investigation. In the event that information from the report is utilized in whole or in part in making an adverse decision with regard to potential employment/volunteer/representative/agent status, before making the adverse decision, the City will attempt to provide Contractor with a copy of the consumer report/criminal history. Specified employees, volunteers, and other representatives or agents of Contractors identified at this time to be in positions of trust shall include, but are not necessarily limited to, all top assistants, area or section managers, lesson providers, personnel that directly handle and/or account for City funds; and those positions that can work individually with youth or members of the general public. Contractor Process for Obtaining Background Screening/Investigation Information 1. Once an employee, volunteer, other representative or agent has been selected by the Contractor, the employee, volunteer, other representative or agent (applicant) shall complete the background screening/investigation form, which is titled "Disclosure to Prospective Employees, Volunteers, or Other Representatives or Agents of Contractors Regarding Procurement of a Consumer Report (including a criminal history report)." 2. When the employee, volunteer, other representative or agent (applicant) has completed and signed the form, the Contractor shall initial and date the bottom of the form, giving the bottom copy of the form to the applicant. The Contractor shall also give to the applicant at this time a summary of his/her rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act also imposes requirements and procedures related to any adverse decisions based upon credit information. 3. The Contractor keeps one copy of the form and forwards the original signed copy of the form to the Golf Division Administrative office. In order to expedite the processing time, the Contractor may also FAX a copy or bring the original copy of the form to the golf Division Administrative Aide. Once the Administrative Aide enters the form information into the computer, it takes three to four days for the City's contracted background screening/investigation firm to perform their service. 4. Because of the large number of applicants being screened using this similar process, there shall be no notification to the Contractor unless an applicant receives a negative report within four days of the time that the Administrative Aide enters the information into the computer. Therefore, the applicant may begin assignment for the Contractor after four days unless the Contractor is notified otherwise. However, be aware that it is possible that we could receive a negative report after four days, and we will have to address the situation at that time. 16 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, SKYHAWKS SPORTS ACADEMY, INC. 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 SKYHAWKS SPORTS ACADEMY, INC., 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: (Please Print) Social Security #:_ Signature: 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 Address City County State Zip City County State Zip Please list any additional addresses on the back of this page. Give this disclosure with a copy of A Summary of Rights Under the Fair Credit Reporting Act to applicant. Retain a copy of the release for your records, and provide a copy of the release to the City of Fort Collins. 17 A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT Para inforniacion en espanol, visite www.ftc.yov/credit o escrihe a la FTC Consumer Response Center, Room 130-A 600 Pennsylvania Ave. N. W., Washington, D.0 C. 20580. A Summary of Your Rights Under the Fair Credit Reporting Act The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There arc many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights tinder the FCRA. For more information, including information about additional rights, go to www.ftc.tsov/credit or write to: Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave. N.W., Washington, D.C. 20580. • You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumcr report to deny your application for credit, insurance, or employment — or to take another adverse action against you — must tell you, and must give YOU the name, address, and phone number of the agency that provided the information. • You have the right to know what is in ,your file. You may request and obtain all the information about you in the tiles of a consumer reporting agency (your "file disclosure"). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if: • a person has taken adverse action against you because of information in your credit report; • you are the victim of identify theft and place a fraud alert in your file; • your file contains inaccurate information as a result of fraud; • you are on public assistance; • you are unemployed but expect to apply for employment within 60 days. In addition, by September 2005 all consumers will be entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. Sec www.ftc.Cov/credit for additional information. You have the right to ask for a credit score. Credit scores are numerical summaries of your credit -worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender. You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See www.ftc.gov/credit for an explanation of dispute procedures. Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate. 18 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 SKYHAWKS SPORTS ACADEMY, INC., 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 19 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 70% of all registration fees at the conclusion of the season. 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 F City of Fort Collins-CLRS Adaptive Recreation Opportunities Inclusion Procedures: Accommodations for people with disabilities. 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. 20 EXHIBIT G Special Provisions Invoice Information All invoices are due to Skyhawks within 30 days of Organization's receipt of the invoice. Scholarship and Certificate participants will not be included as paid participants in your program totals. 100% of partial payments and Helping Hand donations are the property of Skyhawks and must be submitted. Full commissions are due for all Non -Refunded, and registered participants who do not attend. Organization Coordinator is responsible for reconciling roster information and counts with onsite Skyhawks Director during the Session week. Data ownership Skyhawks and Organization each shall have ownership of all the names, addresses, phone numbers, email addresses and financial data. Organization agrees to provide Skyhawks and Skyhawks agrees to provide Organization, if requested, all participant data. All data must be provided to Skyhawks in .txt or .csv format. Data to be only used for future City of Fort Collins' sports programs. Miscellaneous Any revenue from sales to participants by Skyhawks or its Partners shall remain the property of Skyhawks (i.e. purchase of additional balls). If your organization has a mailing list, a list of age -appropriate contacts will be provided to Skyhawks. This data will allow Skyhawks to distribute a direct mail piece advertising your program. Organization's media promoting Skyhawks programs must first be approved by Skyhawks. Responsibilities Skyhawks are responsible for: • Providing to the City of Fort Collins background checks for all employees that will be in contact with the participants no more than 5 days prior to the start of the camp • Providing all staff and equipment needed to effectively run the camp • Providing scholarship assistance under the city partial scholarship program • Working with customers to resolve disputes, complaints etc... The City is responsible for: • Providing fields/facilities for the camps • Taking all registrations for the camps • Sending a check for 70% of registrations at conclusion of the season 21 Form YY -9 Request for Taxpayer (Rev. Department November Identification Number and Certification of the Treasury Give form to the requester. DO � - Internal Revenue service not send to the IRS. N Name (as shown on your Income tax return) Skyhawks Sports Academy, Inc. ro C- c Business name, if different from above Co 0 Individual/ --F❑ ` ❑ ✓❑ Corporation Check appropriate box: Sole proprietor ❑ Partnership ❑ Other ► _ _ _ _ Exempt from backup withholding Address (number, street, and apt, or suite no.) u 6311 E. Mt. Spokane Park Drive, Suite B Requester's name and address (optional) !� City, state, and ZIP code a Mead, WA 99021 N �i List account number(s) here (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For Individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Under penalties of perjury, I certify that: Social security number or Employer identification number 94�9�g�g�1 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must Provide your correct TIN. (See the instructions on page 4.) Sign Signature of Here U.S. person ► Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you are: Date ► 3 - a 3 ( o • An individual who is a citizen or resident of the United States,. • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of Income from such business. Further, In certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership Income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business in the United States Is in the following cases: • The U.S. owner of a disregarded entity and not the entity Cat. No. 10231X Form W-9 (Rev. 11-2005) 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 two (2) 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 Provider shall 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 SA 10/97 4 objection 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. 19. 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. 20. 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 21. Damage to Parks/Facilities by Service Provider Service Provider shall be liable for and shall repair or cause to be repaired within fifteen (15) days after occurrence any damage to City fields and/or facilities caused by Service Provider, its board members, officers, agents, employees or anyone acting under its direction and control, ordinary wear and tear excepted. 22. 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 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 SA 10/97 5 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. f. 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. 23. 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". 24. 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 Direct Purchasing and Risk Management Date: "1 Skyhawks Sports Academy, Inc. M C-Q"- P---� Print Name: Gam, S Title: P�� 1 b Z� NT Date: .3 - a .3 — to SA 10/97 7 EXHIBIT A Scope of Services Confirmation of Services for Ft Collins Parks and Recreation Coordinators' Comer Login: Username: mrademacher@fcgov.com Password: FtCollinsPR This pas, word is case -sensitive. Coordinator 1 Information Contact Marc Rademacher Title: Recreation Supervisor Office Phone: (970) 221-6309 Ed Primary: Q Coordinator 2 Information Contact: none none Title: Office Phone: Ext Primary: Skyhawks Contacts Fax: 970-416-2278 Home Phone: Mobile Phone: Email: mrademacher@fcgov.com Fax: Home Phone: Mobile Phone: Email: Mike Duvamey Erika Skar (303)736-0689 Ext (800)804-3509 Ext 333 888-466-2318 eskar@skyhawks.com mduvamey@skyhawks.com Logo for Media City of ❑ This Logo is Correct and Current. ,.`F6A Collins ❑ This Logo is Incorrect/Outdated. RaCtuutlut Please email a copy of your current logo to Erika Skar: eskar@skyhawks.com Acceptance and Signcff Please take the time to review the Conhnnation of Services, registration, media, liability and financial information, and schedule. If you have no changes to the information in this document, please check 'accept' and sign below. ❑ Accept ❑ Accept with Changes Signed: Date: cD Copyright 2009 Skyhawks Sports Academy, Inc. All Rights Reserved Page 'I of 6 Confirmation of Services General Information Organization: Ft Collins Parks and Recreation Address: 413 South Bryan Avenue Address 2: City, ST, Zip: Fort Collins, CO 80521 Organization Phone: 970-221-6655 Ext Fax: 970-416-2278 URL: www.fcgov.com/recreator General Org. Email: mrademacher@fcgov.com Registration Information Web Display: ('Preferred by Skyhawks) Ft Collins Parks and Recreation 1r14/10 5:50 ❑ `Online Registration: Orq/Skyhawks Process - Participants can register on the Skyhawks website. Payment can be taken by Org or Skyhawks ❑'Online Registration: Skvhawks Process - Participants can register on the Skyhawks website. All payment will be taken by Skyhawks ❑ Online Print: Org Process - Participants can download a registration form from the Skyhawks website. All payment will be taken by the Org ElOnline Display: Ora Process - Participants VIEW ONLY information on the Skyhawks website. All payment will be taken by the Org Make checks payable to: lCity of Fort Collins Recreation Division Bankcard Options on Media: Fx Yes ❑ No Bonkcard Options: ❑x VISA ❑x MC AMEXDISC Registration Contact: ' Please leave blank if you do not wish for this name to be published Hotline #I: 970-221-6655 Ext: Hotline #2: 1 1 Ext: Mail Form & Fees to: City of Fort Collins; Northside Aztlan Center Address: 112 E Willow Address 2: City, ST, Zip: lFort Collins, CO 80521 Does the Org Accept Fax Registrations: Yes 970-416-2278 Phone Registrations: Yes 970-221-6655 Ext: Walk-in Registrations: Yes N Aztlan Center 112 E Willow Online Registrations: Yes fcgov.com/recreator Date Summer Registration Begins: 02/01/2010 Thriva ❑ Active ❑ RecWare/Safan Vermont Systems Class x❑ Other Vermont Systems © Copyright 2009 Skyhawks Sports Academy, Inc. All Rights Reserved Page 2 of 6