HomeMy WebLinkAboutRFP - P1038 COLLINDALE GOLF PROFESSIONALAdministrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of RFP: P1038 Collindale Golf Professional
OPENING DATE: 10:00 a.m. (Our Clock) October 24,2006
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
Pre-Proposal Meeting: October 16, 2006, at 10:00 A.M.
Collindale Golf Course Clubhouse,
1441 E. Horsetooth Road
Fort Collins, CO 80525
Please contact James B. O'Neill, II, CPPO, FNIGP at (970) 221-6779 with any questions
regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
REQUEST FOR PROPOSAL
P1038 Collindale Golf Professional
The City of Fort Collins is hereby requesting proposals for a contractual Golf Professional to manage
and supervise the golf operations and pro shop functions at Collindale Golf Course, 1441 E.
Horsetooth Road., Fort Collins, CO 80525 for the year 2007 with possible annual renewal options for
the years 2008 through 2011; with a possible extension of the original five-year term for up to five
additional years if performance is satisfactory and subject to City Council approval.
Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North
Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 10:00 a.m. (our
clock), October 24, 2006. Proposal No. P1038. If delivered, they are to be sent to 215 North Mason
Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins,
80522-0580.
Questions concerning the scope of the project should be directed to Manager of Golf, Jerry P. Brown,
(970) 221-6350.
Questions regarding proposals submittal or process should be directed to James B. O’Neill, II, CPPO,
FNIGP (970) 221-6775.
Completion of our written proposal questionnaire and annual payment schedule statement to/from the
City shall accompany any proposal to be considered properly executed.
There will be a pre-proposal meeting on October 16, 2006, at 10:00 A.M. at the Collindale Golf
Course Clubhouse, 1441 E. Horsetooth Road, Fort Collins, CO 80525 to inspect the premises and
answer any questions which may arise.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the RFP.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material, supplies
or services where such officer or employee exercises directly or indirectly any decision-making
authority concerning such sale or any supervisory authority over the services to be rendered. This
rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures that
such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
REQUEST FOR PROPOSAL
P1038 Collindale Golf Professional
The City of Fort Collins is hereby requesting proposals for a contractual Golf Professional to manage
and supervise the golf operations and pro shop functions at Collindale Golf Course, 1441 E.
Horsetooth Road., Fort Collins, CO 80525 for the year 2007 with possible annual renewal options for
the years 2008 through 2011; with a possible extension of the original five-year term for up to five
additional years if performance is satisfactory and subject to City Council approval.
Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North
Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 10:00 a.m. (our
clock), October 24, 2006. Proposal No. P1038. If delivered, they are to be sent to 215 North Mason
Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins,
80522-0580.
Questions concerning the scope of the project should be directed to Manager of Golf, Jerry P. Brown,
(970) 221-6350.
Questions regarding proposals submittal or process should be directed to James B. O’Neill, II, CPPO,
FNIGP (970) 221-6775.
Completion of our written proposal questionnaire and annual payment schedule statement to/from the
City shall accompany any proposal to be considered properly executed.
There will be a pre-proposal meeting on October 16, 2006, at 10:00 A.M. at the Collindale Golf
Course Clubhouse, 1441 E. Horsetooth Road, Fort Collins, CO 80525 to inspect the premises and
answer any questions which may arise.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the RFP.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material, supplies
or services where such officer or employee exercises directly or indirectly any decision-making
authority concerning such sale or any supervisory authority over the services to be rendered. This
rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures that
such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
P1038 COLINDALE GOLF PROFESSIONAL
Background Information
The City of Fort Collins is the owner and operator of the Collindale Golf Course located at 1441
East Horsetooth Road, Fort Collins, CO 80525.
The Cultural, Library, and Recreational Services area Golf Division administers Collindale for
the City and desires to grant to a PGA “Class A” member Golf Professional (or equivalent) in
good standing a contract for services to manage and supervise the golf operations and pro shop
functions at Collindale for the year 2007 with possible annual renewal options for the years 2008
through 2011; with a possible extension of the original five-year term if performance is
satisfactory and subject to City Council approval.
The management and supervision of the golf operations and pro shop functions include, but are
not necessarily limited to, the general management of play on the course, course monitoring
(ranger/marshal), operation of the driving range, power golf cart preparation and rentals, golf
lessons/instructions, collection and accounting of City fees and charges, sale of golf
merchandise and services to customers, rental of lockers, golf club repair, tournament and
league coordination, coordinating with Men’s and Women’s Associations, overall clubhouse
management (except for the restaurant/snack bar), janitorial services in the pro shop and
basement (including the lower level restrooms), daily cleaning of the outside entrance areas and
golf cart staging and cart storage areas, and all other golf related operations except for course
maintenance and the restaurant/snack bar concession.
The Golf Professional provides all employees and volunteers necessary to facilitate the full and
efficient use and management of the golf course operations as described; and the Golf
Professional owns and sells golf merchandise and services and operates the driving range
through an exclusive concession granted by the City.
In this contract for services, the Golf Professional collects all golf course revenues received at
Collindale on a daily basis. The Golf Professional accounts for and forwards to the City daily all
revenues paid to the City generated from green fees, punch cards, annual passes, City
tournament reservation fees, powered-golf cart rentals, surcharges, private golf cart usage fees,
reservation fees, and other such fees set by the City. The Golf Professional will keep all non-
City revenues generated from the sale of golf merchandise, golf instructions/lessons, pull cart
rentals, tournament service fees, locker rentals, golf club cleaning, rental, and repair, and the
driving range. The Golf Professional shall be the owner of all merchandise, rental clubs, club
repair equipment, range balls, range pickers, mats, and pull carts.
It should be understood that all course monitoring and daily golf cart preparation services and
costs are to be borne by the Golf Professional as a part of this contract for services. With
regard to the course monitoring, the City desires that the Golf Professional include whatever is
necessary to reasonably facilitate our “Slow Play Policy” as slow play is one of our major
concerns. Also, Collindale is a “spikeless” golf course.
The Course/History
Collindale is a regulation length 18-hole championship course, playing up to 7,101 yards from
the blue tees, 6,416 yards from the white tees, and 5,403 yards from the red tees. Collindale is
a Par 71 situated on 167 acres at the intersection of Horsetooth Road and Lemay Avenue in
central, southeast Fort Collins. It was designed and built by Frank Hummel of Greeley and
opened for play by the City in 1971.
The course features some of the finest quality greens in the entire Rocky Mountain Region, as
well as fairly tight and flat, but great fairways with lots of trees. Amenities include a recently built
15,000 square foot “Colorado Lodge” designed clubhouse building with an attached 1,200
square foot outdoor patio deck, a pro shop, large driving range, and practice chipping and
putting greens. There is a full service restaurant/bar in the clubhouse which can accommodate
both large and small banquets, business and club functions, parties, and special events, and is
open daily for breakfast, lunch and dinner, and then late into the evening. There is an office for
the Golf Professional in the Pro Shop, and there is a club repair room, indoor net room, and
storage downstairs in the lower level of the clubhouse. There is also some storage inside the
“old” cart building.
Collindale has hosted local U.S. Open Qualifying, as well as both the Colorado High School
Girl’s and Boy’s State Championships, and is a perennial favorite for many State amateur
events including the PubLinx Tournament and the Women’s and Men’s State Stroke Play
Championships. Also Colorado State University and Poudre School District High School teams
practice, play, and enjoy the challenges at Collindale.
Golf Professional Fees, Revenues, and Payments
The existing contractual Golf Professional at Collindale, James H. Greer, PGA, has served in
that capacity since January 1997 when a five-year agreement was awarded to him through an
RFP process. A five-year extension to the original agreement (as authorized by City Codes)
was negotiated with him for a total ten-year term, which expires December 31, 2006. At this
time a new RFP process will be conducted, as the City has determined that a new competitive
procurement process will now occur.
The City of Fort Collins has paid (as per the original RFP and extension negotiations) the
following annual amounts as a fee for services for conducting business to the contractual Golf
Professional at Collindale since 2003:
2003 2004 2005 2006
Total Fees $65,400 $67,400 $69,700 $72,000
Back to City -$26,000 -$27,000 -$28,000 -$29,000
Net Fee $39,400 $40,400 $41,700 $43,000
In addition, the City authorizes the Golf Professional to charge up to a $12.00 Tournament
Service Fee per player in tournaments, with $8.00 of that amount to be applied to pro shop
merchandise/services as tournament prizes. The Golf Professional has the option to waive any
or all of the Tournament Service Fee when negotiating with tournament organizers. The fee is
designed to guarantee that the Golf Professional makes money on golf tournaments.
For comparative purposes only, the existing contractual Golf Professional provided to the City
the following unaudited figures as being generally representative of his annual gross revenues
generated at the Collindale Pro Shop and Driving Range during the past four years under
similar circumstances:
2003 2004 2005 2006
(thru 6-30)
Merchandise $ 312,655 $ 261,847 $ 313,922 $ 182,552
Golf Instructions $ 65,000 $ 60,000 $ 76,000 $ 50,000
Pull Cart Rentals $ 4,490 $ 6,914 $ 7,068 $ 3,225
Club Rental $ 7,785 $ 6,284 $ 5,752 $ 3,238
Driving Range $ 117,015 $ 111,113 $ 105,000 $ 71,170
Club Repair $ 8,000 $ 10,000 $ 10,000 $ 6,000
The City makes no representation or guarantees as to the accuracy of the revenue figures as
provided by the Golf Professional.
The City believes that the Collindale Driving Range, coupled with merchandise and other
revenue sources, makes it possible for the City to pay a lower fee for services to the Golf
Professional. The net fee paid to the Golf Professional will be of the utmost importance in our
selection process.
Attached Information/Data
Attached are copies of the Collindale scorecard, the Collindale “Slow Play Policy”, the “Policy
Statement on Golf Staff Usage at City Golf Courses,” the 2007 Golf Fees and Charges
Schedule, City generated revenues, and golf play statistics at Collindale from 2003 to June
2006 for information and reference. Also, the City currently owns and is responsible for the
maintenance of certain equipment and improvements as described in an inventory attachment.
The Golf Professional must provide all other equipment/inventory and maintenance in order to
successfully operate at Collndale.
Criteria for Proposal Award
The proposal will be evaluated as follows:
1. A 5 (five) person Collindale Golf Professional RFP Review Committee, composed of two
members from the City of Fort Collins Golf Advisory Board, one citizen member appointed
by the Director of Purchasing, one member from the City Golf Division staff, and one
member from the City of Fort Collins Purchasing staff, will review all written proposals.
Using a point evaluation system for grading each proposal, the Committee will rank each
proposal in numerical order.
2. The top ranked proposers may be interviewed by the Committee and the Committee will
rank the interviews using criteria and potential questions regarding background and
experience of the Golf Professional and staff, the ability of the Golf Professional to operate
as per the scope of the proposal, and the financial circumstances of the proposal including
ability to perform and cost to the City. Interviews are tentatively schedules for late
afternoon on Wednesday November 8, 2006.
3. The Manager of the Golf Division will check the references and perform a background
screening of the top ranked individual/firm. If the references and background screening are
acceptable, an agreement will be awarded to the highest ranked firm/individual subject to
suitable contract negotiations.
Schedule
Pre Proposal meeting at site October 10, 2006 10:00 A.M.
Open RFP's October 24, 2006 10:00 A.M.
Interviews November 8, 2006 4:00 P.M.
Proposal Requirements
A. Complete the "Proposal" form as provided.
B. No person, firm or corporation shall make or file more than one proposal for this contract
for services.
C. Proposals (6 copies) must be sealed, addressed, and deposited with the City at the
following location before the proposal opening:
City of Fort Collins
Office of the Director of Purchasing and Risk Management
215 N. Mason Street, 2nd floor (if delivered)
P.O. Box 580 (if mailed)
Fort Collins, CO 80522
D. A proposal may be withdrawn at any time prior to the proposal opening, but may not be
withdrawn for a period of sixty (60) days from the closing date for receiving proposals.
E. Required Documents - The following shall be submitted with the proposal:
1. Proposal Questionnaire
2. The Proposal form/addendum acknowledgment page.
3. An Annual Payment Schedule Statement To/From the City.
F. During the written portion of the RFP process, public input/citizen support is not included,
and will not be considered when the Committee is evaluating the written proposals.
References will only be considered by the Committee for the interview portion of the
process. As a public entity, citizens have a right to provide their opinions to us; however,
the RFP process clearly defines when such input will be considered. Therefore, proposers
shall not solicit nor encourage such citizen support, nor provide references during the
written portion of the process. Said references and support can be part of the interview
phase of the process. All letters, faxes, e-mails, etc. should be sent to the Manager of Golf
for processing.
Permits, Licenses, Fees, and Taxes
It shall be the responsibility of the Golf Professional to make application for the necessary
permits and licenses, and to pay for all fees and taxes in order to operate the Collindale Pro
Shop and Driving Range.
SPECIFICATIONS
Included in this “Request for Proposals” package is a copy of a draft agreement that the Golf
Professional and the City will sign. All of the elements of the agreement are considered as part
of the specifications for the proposals requested. This specification sheet amplifies the major
provisions of the Collindale Golf Course Professional Services operations, as well as defines
and provides clarification of several specific points.
1. The Golf Professional and the City shall sign an agreement which will grant to the Golf
Professional the management and supervision of the golf operations and pro shop
functions at the Collindale Golf Course. This shall include, but is not necessarily limited to,
the general management of play on the course, golf course monitoring (ranger/marshal
function), operation of the driving range, power golf cart preparation and rentals, golf
lessons/instructions, locker rentals, collection and accounting of City fees and charges,
sale of golf merchandise and golf services to the customers, golf club repair, tournament
and league coordination, coordinating with the Club Men’s and Women’s Associations,
overall clubhouse management (except for the restaurant/snack bar), pro shop and
basement janitorial services (including the lower level restrooms), daily cleaning of all the
outside entrance areas and golf cart staging and cart storage areas, and all other golf
related operations except for course maintenance.
2. The duration of the agreement will be for the year 2007, with four possible annual renewal
options (if desired by both parties) for the years 2008, 2009, 2010, and 2011; with a
possible extension of the original five-year term for up to five additional years if
performance is satisfactory and subject to City Council approval.
3. The Golf Professional must be a PGA “Class A” member in good standing, or the
equivalent, at the time the Agreement is signed and throughout the duration of the
Agreement; and should have been in this or related business for at least two (2) years
within the past five (5) years, or have sufficient past experience which would satisfy this
requirement. In addition, the City will initially conduct a standard background check of the
Golf Professional, as defined.
4. The financial condition of the Golf Professional must be of such standing that he/she will be
able to initially open and operate the Collindale Pro Shop and Driving Range, starting
January 1, 2007, and no later than April 1, 2007, all phases of the pro shop and driving
range must be fully operational, including the acquisition of and maintaining of an adequate
stock of golf merchandise, supplies, inventory, rental equipment, range balls, etc. as
necessary to meet the demands of the customers at Collindale Golf Course. The Golf
Professional must also be able as of January 1, 2007 to hire and pay the wages, Workers’
Compensation, Social Security, payroll taxes, benefits, or other employment-related
compensation for any and all employees of the Golf Professional necessary for the
operation of Collindale Golf Course; and that the Golf Professional must be able to make
application for and pay for all necessary permits, licenses, fees and taxes in order to
operate legally at Collindale Golf Course through the year 2011, if the four annual renewal
options (if desired by both parties) are exercised. Tangible Proof of financial ability will be
required if you are interviewed.
5. Collindale Golf Course, the Pro Shop, and Driving Range must be opened daily for
business from at least 6:00 a.m. through sundown (as long as golfers are on the course)
for the months of April, May, June, July, August, and September; and must be opened daily
for business from at least 8:00 a.m. to sundown (as long as golfers are on the course) for
the months of October, November, December, January, February, and March; it being
understood that Collindale shall be open and closed, subject to the City’s consent, as
weather and course play dictates.
6. Insurance Requirements.
A. It is agreed that the Golf Professional will provide from insurance companies,
acceptable to the City, the insurance coverage designated hereinafter and pay all
costs. The Golf Professional also indemnifies the City. Before commencing work
under this Request for Proposal, the Golf Professional shall furnish the City with
certificates of insurance showing the type, amount, class of operations covered,
effective dates, and date of expiration of policies, and containing substantially the
following statement:
“The insurance covered by this certificate will not be canceled or materially altered,
except after ten (10) days written notice has been received by the City.”
In case of the breach of any provision of this requirement, the City, at their option,
may take out and maintain, at the expense of the Golf Professional, such insurance as
the City may deem proper and may deduct the cost of such insurance from any
monies which may be due or become due the Golf Professional under this agreement.
The City, its officers, agents, and employees shall be named as additional insurers on
the Golf Professional’s general liability insurance policy for any claims arising out of
work performed under this agreement.
B. Insurance coverages shall be in the following insurance limits:
$500,000 -- Combined Single Limit for Personal Injury and/or Property Damage
Statutory -- Workers’ Compensation Coverage A
$100,000/$100,000/$500,000 -- Workers’ Compensation Coverage B
In the event any work under this agreement is performed by a subcontractor, the Golf
Professional 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.
7. The Golf Professional shall be responsible for charging, collecting, and accounting for all
City fees, including green fees, punch card fees, annual passes, tournament reservation
fees, City golf cart rentals, private golf cart usage fees, surcharges, reservation fees, etc.,
on behalf of the City, and remit said City funds in full to the City on a daily basis.
8. The Golf Professional agrees to keep and maintain proper business records concerning
every aspect of the Golf Professional's golf operations and employee management,
including cash register tapes, computer records, expenses and receipts. All records,
including Income Tax records, are to be open for inspection and audit by the City.
9. The Golf Professional shall control the conduct and demeanor of its agents and
employees. Upon objection from the City concerning conduct or demeanor of any such
person, the Golf Professional shall immediately take all lawful steps to address or remove
the cause of the objection. If the City so requests, the Golf Professional agrees to supply
and require its employees to wear suitable attire and to wear or carry badges or other
suitable means of identification, the form for which shall be subject to prior and continuing
approval of the City.
10. The Golf Professional acknowledges and agrees that certain services provided by the Golf
Professional will require that employees, agents, and volunteers of the Golf Professional
act in positions of trust which will entail the handling of and accounting for funds of the City
and City property, or direct contact with youth and other members of the general public.
Accordingly, the Golf Professional agrees that all employees, volunteers, and other
representatives or agents of the Golf Professional in positions of trust, as defined, shall be
screened using the City's contractual background screening procedure, with such costs
associated with said screenings to be fully paid by the Golf Professional.
11. The personal conduct of the Golf Professional and his/her staff has a direct impact on the
quality of performance. Unacceptable personal conduct/behavior by the Golf Professional
or staff, as defined, can result in immediate or early termination of the Agreement, as also
defined.
12. The Colorado Legislature passed legislation which as been signed into law by the
Governor requiring compliance regarding employment of undocumented aliens. The Golf
Professional acknowledges and agrees that those statutory provisions that apply will be
followed. If there are any questions about these new legal requirement, Golf Professional
agrees to consult with legal counsel.
13. Smoking instruments and tobacco products of any kind will not be sold at Collindale.
Smoking is not permitted in any areas of the clubhouse nor within 20 feet of entrances.
14. The City pays for all trash and recycling removal services, utilities, basic clubhouse security
system, and telephones supplied to the golf course. The Golf Professional shall reimburse
the City monthly for the full cost of all long distance and two-thirds of the cost of local calls
made from said City telephones. The City shall provide the Golf Professional an itemized
copy of said monthly long distance and local phone bills. The Golf Professional shall pay
for any customer televisions, cable or satellite services, or expanded security services.
15. The City and the bank handling the City’s banking services will allow the Golf Professional
to use the City’s credit card billing system for the collection of all City fees and charges, as
well as for specified Golf Professional fees, with the Golf Professional paying a fee for their
share of said service at the rate established by the City.
16. The Golf Professional shall devote his/her full time and attention as the Golf Professional at
Collindale Golf Course, and the City relies upon the personal services of the Golf
Professional to provide such services; and the hours that the Golf Professional shall be at
Collindale Golf Course will be mutually agreed between the Golf Professional and the
Manager of the Golf Division.
17. The management and supervision of the golf operations, driving range, and pro shop
functions at the Collindale Golf Course granted under this agreement shall, at all times,
conform with the rules, regulations, policies, and procedures as adopted by the City of Fort
Collins, or any of its Boards, Service Areas, Departments, or Divisions having jurisdictions
over golf courses.
ATTACHMENTS
P1038 Collindale Golf Professional
• Collindale Scorecard
• Collindale Slow Play Policy
• Policy Statement on Golf Staff Usage at City Golf Courses
• 2007 Golf Fees and Charges Schedule
• City generated revenues
• Golf Play Statistics at Collindale
• Equipment and Improvements Inventory List
•
• Collindale Slow Play Policy
CITY OF FORT COLLINS
CULTURAL, LIBRARY, AND RECREATIONAL SERVICES
GOLF DIVISION
SUBJECT: Policy Statement on Golf Staff Usages at City Golf Courses
PURPOSE: Establish and Amend Procedures and Guidelines for Eligible Golf
Division Staff for Usage of City Golf Courses and Golf Carts
EFFECTIVE: July 1, 1995 (Amended January 1, 1998; January 1, 2002; October 1,
2003; and August 1, 2006)
Cultural, Library, and Recreational Services staff who work within the Golf Division are eligible
for discounted usage of City golf courses and City golf carts as follows:
1. All Golf employees, whether paid or unpaid volunteers, who currently work within the City
Golf Division, or are between work seasons, are covered by this policy. This includes both
permanent and hourly/seasonal City of Fort Collins Golf employees, employees who are
employed by the Golf Professionals, and primary employees employed by the
Restaurant/Snack Bar Concessionaires. These employees may play rounds of golf and may
use City golf carts and pay discounted fees, as appropriate.
2. Golf Play Usage shall be as follows:
(a) Employees who normally work 30 hours or more per week have no restriction on the
number of discounted rounds of golf played per week at the specific golf course where
they work. Employees who normally work 29 hours or less per week are limited to up to
two
(2) discounted rounds of golf played per week, or up to 10 discounted rounds of golf per
calendar month at the specific golf course where they work, per specific site policies, or
as approved by the Manager of the Golf Division on a per site basis. All employees,
however, will pay normal league or tournament fees to participate in leagues or
tournaments, unless exempted by the Manager of Golf.
(b) Employees may play one (1) discounted round of golf per month at both of the other two
courses where they do not work. However, if practicing for a City sponsored or co-
sponsored tournament to be played at the other golf course(s), employees may play
discounted practice rounds of golf at the other course(s) within their regular number of
rounds allowed per week one week prior to the tournament. The employee's supervisor is
responsible for notifying the host Golf Professional.
0
(c) Employees are allowed to make advance tee time reservations or be a part of someone
else's reservation utilizing the same tee time reservation procedure approved for all
golfers, however, we should strive to not replace full fee paying golfers. Employees will
register as "staff," noting 9 or 18 holes, and may also be asked to sign a log book
provided by the Golf Professional for management purposes.
(d) All Golf employees will pay the appropriate City Surcharge Fees to play golf.
3. Golf Cart Usage shall be as follows:
(a) Full Time/Hourly City Employees, and contractual supervisory employees, as defined by
the Manager of the Golf Division, who normally work 30 hours or more per week, may
use golf carts at no charge at the course where they work during weekday Non-Prime
Time only, if a reasonable number of golf carts are available as per the judgement of the
Golf Professional. For Prime Time, weekends, holidays, city sponsored or co-sponsored
tournaments, leagues, or at the other two courses where they do not work, golf carts may
be rented by the employee at 50 percent of the Regular 9 or 18 hole rates, if a reasonable
number of golf carts are available, per the judgement of the Golf Professional. Non-
employees riding with an employee will pay their full 50 percent share or the other one-
half balance of the appropriate golf cart rental rate at all times. Two employees riding
together pay only one fee.
(b) Part Time/Seasonal city employees, as defined by the Manager of the Golf Division, who
normally work 29 hours or less per week, may rent golf carts at 50 percent of the Regular
9 or 18 hole rates at all times at the course where they work, if there are a reasonable
number of golf carts available as per the judgement of the Golf Professional. Non-
employees riding with an employee will pay their full 50 percent share or the other one-
half balance of the appropriate golf cart rental rate at all times. Two employees riding
together pay only one fee.
(c) Two employees (in a group of two, three, or four players) who get free or discounted golf
carts, should ride in one golf cart together, as two free or discounted golf carts should not
be taken.
(d) All employees may use a golf cart free of charge at all times at the course where they
work if they are also policing the course, observing course conditions, rangering, or as
per the judgement of the Golf Professional. All employees who use a golf cart free of
charge or at a discount rate will be expected to pick up trash on the course, report any
problems, and generally "marshall" while on the course.
The above policy statements are subject to change at any time and are not to be considered as
guarantees, nor are they to be considered as a form of direct or indirect compensation. Any
abuse of these privileges may result in the loss of future privileges.
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2007 GOLF FEES AND CHARGES
City Park Nine, Collindale
Daily Green Fees and SouthRidge
9-Hole Prime Time $16
9-Hole Non-Prime Time $14
9-Hole Non-Prime Time Ages 60 to 74 $12
9-Hole Non-Prime Time Ages 17 & under and 75+ $10
Twilight Rate (1 ½ hours prior to posted sunset, and $11
2:00 p.m. November through February)
18-Hole Prime Time $29
18-Hole Non-Prime Time $26
18-Hole Non-Prime Time Ages 60 to 74 $20
18-Hole Non-Prime Time Ages 17 & under and 75+ $18
Tournament Fees
Tournament Reservation Fee $ 3/9-Holes per player
Tournament Reservation Fee Prime Time (Shotgun) $ 5/9-Holes per player
Tournament Service Fee to Golf Professional $12-per player with $8 in Golf Shop Credit
Tournament Service Fee to Concessionare $ 7-per player in Food/Beverage Credit
Tournament Reservation Fees are added to Daily Green Fees for Tournaments. Tournament Service Fees
for Golf Professionals and/or Concessionaires may be fully or partially waived at their option.
10-Play Punch Cards
2007 10-Play Punch Cards provide for a 15% Discount off the Prime Time Daily Green Fees; They are
good at all three City Golf Courses; They are Not Valid for Tournament Play (unless exempted); They have
No Cash Return Value, but they Maintain their Credit Value Indefinitely. Prior year(s) punch cards can be
used by paying the current year cash differential of the per punch credit value.
9-Hole 10-Play Punch Card $136.00 ($13.60 per punch credit value)
18-Hole 10-Play Punch Card $246.50 ($24.65 per punch credit value)
Annual Passes
2007 Annual Passes entitle the cardholder to play golf at all three City Golf Courses as often as desired and
as the courses are available during Non-Prime Time only; They are Not Transferable; They are Not Valid
for Tournament or League Play (unless exempted); They Expire January 31, 2008; and Users must have a
Fort Collins Address Only. Users also pay an Annual Pass Per Play Fee.
Adult (Ages 18 to 59) $500 Adult (Ages 60 to 74) $375 Age 17 & under and Age 75+
$250
Annual Pass Per Play Fees 9-Holes 18-Holes
Adult (Ages 18 to 74) at City Park Nine and Collindale $3.00 $6.00
Age 17 & under and Age 75+ at City Park Nine and Collindale $2.50 $5.00
All Annual Pass Cardholders at SouthRidge $7.00 $13.00
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Golf Cart Rental Fees (includes Sales Tax)
Golf Carts are discounted for those golfers Age 60+ during Non-Prime Time hours only; A non-playing
observer may ride for free with a Single Golfer.
9-Hole Regular $16 18-Hole Regular $24
9-Hole Age 60+ $13 18-Hole Age 60+ $19
9-Hole Single Golfer $11 18-Hole Single Golfer $16
Private Golf Cart Usage Fees $16 Daily; or $200 per Season, plus $100 Per Course Added
Prime Time and Non-Prime Time
NON-PRIME TIME hours at CITY PARK NINE: All times at CITY PARK NINE shall be considered
NON-PRIME TIME hours.
PRIME TIME hours at COLLINDALE, as based upon reserved/scheduled tee times, shall be considered to
be in effect during the months of April, May, June, July, August, and through September 15th, all day on
Friday, all day on Saturday, on Sunday until 2:00 p.m., and all day on City Holidays (Memorial Day,
Independence Day, and Labor Day), based upon course conditions. All other times at COLLINDALE shall
be considered NON-PRIME TIME hours.
NON-PRIME TIME hours at SOUTHRIDGE, as based upon reserved/scheduled tee times, shall be
applicable daily during the months of September 16th through March 31st; and on Monday, Tuesday,
Wednesday, and Thursday except City Holidays (Memorial Day, Independence Day, and Labor Day) from
6:30 a.m. (or first Tee Time) until 2:30 p.m. during the months of April through September 15th. All other
times shall be considered PRIME TIME hours at SOUTHRIDGE, based upon course conditions.
Surcharge Fees
The total Surcharge Fees for 2007 are $2.50 on each 9-Hole Round and $5.00 on each 18-Hole Round, and
are already included in Daily Green Fee Rates, 10-Play Punch Card fees, and Annual Pass Per Play Fees.
Surcharge Fee Revenues will be used for Golf Division Capital Outlay and debt service payments purposes
only.
JPBrown: Revised 07/20/06
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• City generated revenues
0
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CITY-OWNED INVENTORY
1 Television Set
All tables, chairs, lamps and pictures in the clubroom
Counters
Public Address System
Security System
1 Talento credit card machine
1 POS System with HP 1300 Printer (GolfTrac)
All Rental Lockers
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CONTRACTOR-PROVIDED PERSONAL PROPERTY
HP 7550 Printer
Wilson Jones Laminating Machine
2 Dell Lap Top Computers
Token Dispensing Machine
Ping Pong Table
Sony 25” color television
Sony 12” color television
File cabinet, black, 53” high
File cabinet, black, 29” high
All hand tools in work room
Sanyo refrigerator
Sharp microwave
2 Ladders
Locker-type office cabinet
Credit card machine-Nurit #2085
Brother Intellifax #2800 model
3 grinding wheels
Lie and loft machine
2 Office desks and chairs
Pro Shop fixtures including glass shelves
All club repair tools
Three 3x4 bulletin boards
Book shelves
3 sharp calculators
Panasonic two-line phone
Hollrock ball washer
Scrub tub ball washer
Twister ball washer
2 Western Golf three-gang range ball pickers
1988 Club Car Carryall Utility Vehicle
Innovative 5-Gang Range Picker
2 Hollrock Ball dispensing machines
3 White tables
6 White chairs
18 Pull Carts
Subaru 1980 Range Picker
24 Range Mats
Indoor Net
Boston Table Radio
Sangean Table Radio As of 6/26/06
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PROPOSAL
PROPOSAL NO: P1038 DATED THIS DAY OF , 2006
CONTRACT FOR SERVICES: Collindale Golf Professional Services
1441 East Horsetooth Road
Fort Collins, CO 80525
TO: City of Fort Collins, Office of the Director of Purchasing and Risk Management
215 North Mason Street, 2nd floor (if delivered)
P.O. Box 580 (if mailed)
Fort Collins, CO 80522
To Whom It May Concern:
1. The undersigned, pursuant to the Request for Proposals, which requested proposals for a Golf
Professional to manage and supervise the golf operations, driving range, and pro shop functions at the
Collindale Golf Course, having examined all documents, the golf course site, and having become
familiar with all the conditions existing and relative to same, hereby proposes to operate same in
accordance with the proposal documents.
2. I/we acknowledge receipt of the following addenda and have included their provisions in this
proposal:
Addendum No. ( ), Dated
Addendum No. ( ), Dated
3. In submitting this proposal, the undersigned warrants that he/she has complied with all the
provisions of the "Request for Proposals, Instructions, and Specifications," and can furnish the labor
and materials and business acumen to carry out the Golf Professional operation using the highest of
modern professional golfing standards as employed at leading golf clubs and golf courses, in all
respects, as specified in the proposal documents.
4. The undersigned submits the following proposal, which includes all permits, licenses, insurance,
fees, and taxes, etc., included in the following documents, fully completed, as a condition of submitting
an acceptable proposal:
A. Proposal Questionnaire
B. An Annual Payment Schedule To/From the City
5. The undersigned also agrees that he/she will not withdraw his/her proposal for a period of sixty
(60) days from the closing date for receiving proposals.
RESPECTFULLY SUBMITTED:
By:______________________________
Signature
Address:__________________________
Print Name
______________________________
Title
Phone: __________________________
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PROPOSAL QUESTIONNAIRE INFORMATION
Attached you will find the “Proposal Questionnaire.” You will need to answer all eight questions
on one side of 8-1/2" x 11" paper only, per question. We have determined that you must
answer each question with no more than one page per answer per question. Please try to
answer each question in sufficient detail, noting that we are interested in the quality of your
answers, not just the quantity. In addition to the eight pages, you may also provide one 8-1/2" x
11" supplemental page (one side only) to provide us information or to further answer any of the
eight questions which you could not do within the one page limitation.
You may attach a copy of your resume if you desire which does not count against your page
limitations.
If you are selected for an oral interview, you will need to bring to the interview a copy of tangible
proof of your financial ability to perform as the Collindale Golf Professional. You will need to
provide the Manager of Golf with at least three (3) references prior to the interview that we may
contact regarding your qualifications. The City will also conduct a background screening
procedure on the finalists and you will need to provide signed authorization forms to allow that
screening to proceed.
Review and Assessment
Respondents will be evaluated on their written answers to the following eight questions. A
rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5
being an outstanding rating. Each of the eight questions shall have a “weighting factor” of either
1.0, 2.0 or 3.0, as we have determined, meaning that the maximum total of points to be
achieved from the eight questions is 80 points. In addition, we have assigned a 4.0 “weighting
factor” to the Annual Payment Schedule Statement, meaning it has a maximum total of 20
points (also on a 1 to 5 scale) by itself. Therefore, the maximum grand total of points to be
achieved is 100 per rater.
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Proposal Questionnaire
Question 1 -- What are your qualifications and personal attributes that relate to your
performance of our defined services?
(Weighting Value of 3.0)
Question 2 -- What qualifications will you require of your assistant(s) and other employees?
Please outline your staffing plans for peak, transitional, and off-season times.
(Weighting Value of 2.0)
Question 3 -- What conditions, needs or requirements do you see at Collindale, and how will
you deal with them (i.e., marketing strategy, niche customers, homeowners,
maintenance staff, special issues, etc.)?
(Weighting Value of 1.0)
Question 4 -- What are your plans and related strengths and weaknesses to operate the
Collindale Pro Shop and Driving Range with regards to: A. Merchandise; B.
Services Offered; C. Customer Services; D. Teaching?
(Weighting Value of 3.0)
Question 5 -- How do you plan to finance your operation, both initially and through the year
2011?
(Weighting Value of 2.0)
Question 6 -- With regard to course monitoring (rangering/marshaling) and maintaining an
acceptable pace of play, outline specifically what program you will implement?
Also, how much will you (as resident pro) be involved?
(Weighting Value of 1.0)
Question 7 -- What special, new, and/or unique proposals, ideas, financial arrangements (if
any) do you have to offer Collindale or the City of Fort Collins (i.e. payments to
the City, improvements, in-kind contributions/service, etc.)
(Weighting Value of 2.0)
Question 8 -- What services do you plan to provide for tournaments, leagues, and special
events, as well as cooperation and coordination with the Club Women’s and
Men’s Associations, the maintenance staff, and the restaurant/snack bar
concessionaire?
(Weighting Value of 2.0)
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ANNUAL PAYMENT SCHEDULE STATEMENT
(To and/or From the City)
The City of Fort Collins will establish a schedule of City fees and charges, and will keep all
revenues generated from green fees, punch cards, annual passes, tournament reservation fees,
powered golf cart rentals, surcharges, private golf cart usage fees, reservation fees, etc. at the
Collindale Golf Course.
The Golf Professional will acquire and own, and will keep all income/revenues generated from
the sale of golf merchandise, pull cart rentals, tournament service fees, golf club cleaning, golf
club repair, golf rentals, and from the operation of the driving range, locker rentals, and from
providing professional golf lessons/instructions, etc., and will pay for their own staff at the
Collindale Golf Course. The Net Fee for services paid to the Golf Professional will be of
the utmost importance in our evaluation process.
Therefore, in consideration of the aforementioned ...
You may desire to pay to the City of Fort Collins an annual fee payment in either a flat-rate
amount and/or on a percentage basis, and/or make an in-kind contribution of a specific dollar
value. If so, how much money/percentage/value will you (Golf Professional ) pay in each year
listed to the City of Fort Collins to be the Golf Professional at Collindale Golf Course?
2007- $ or % or _______________
2008- $ or % or _______________
2009- $ or % or _______________
2010- $ or % or _______________
2011- $ or % or _______________
(If you need to explain any of the above, you may attach such written explanation to this page).
*** and/or ***
How much money annually must the City of Fort Collins pay you (Golf Professional) as a fee for
services for conducting business to be the Golf Professional at Collindale Golf Course?
2007- $ (In writing: )
2008- $ (In writing: )
2009- $ (In writing: )
2010- $ (In writing: )
2011- $ (In writing: )
(If you need to explain the above annual payments, such as variable monthly amounts, you
may attach such written explanation to this page).
(Weighting Value 4.0)
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COLLINDALE GOLF COURSE
GOLF SERVICES AGREEMENT
This Golf Services Agreement, hereinafter called the "Agreement," is made and entered
into as of the ___ day of ____, 2006, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, whose principal officers are at 300 LaPorte Avenue, Fort
Collins, Colorado 80521, hereinafter called "City," and_______, whose principal offices are at
_____, hereinafter called "Contractor", regarding certain services to be provided at the Collindale
Golf Course, 1441 East Horsetooth Road, Fort Collins, Colorado, 80525 (the “Golf Course”).
W I T N E S S E T H:
ARTICLE 1
Golf Services
Contractor agrees to provide golf services in accordance with the Scope of Golf Services
description, consisting of 1 page, attached hereto as Exhibit “A” and incorporated herein by this
reference (“Golf Services”), such services to be provided primarily by the Contractor.
ARTICLE 2
Grants of Concessions
The City grants and Contractor accepts the responsibility of operating a Golf Pro Shop
and Driving Range Concession in accordance with the Scope of Pro Shop and Driving Range
Services description, consisting of 3 pages, attached hereto as Exhibit “B” and incorporated
herein by this reference (“Scope of Pro Shop and Driving Range Services”).
ARTICLE 3
Concession Space
For the purposes of this Agreement, the "Concession Space" shall mean any and all parts
of the pro shop and clubhouse building (except the restaurant/snack bar concession area) at the
Golf Course.
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ARTICLE 4
Contractor's Use of the Concession Space
4.1 In General. Subject to other limitations expressed in this Agreement, the City
grants to Contractor the right to exclusive use of the Concession Space and the right to use in
common with others the public areas of the Golf Course, in conjunction with its operations
under this Agreement, in such spaces and manner as may be prescribed by the City.
4.2 Smoking Prohibited. Pursuant to the Fort Collins City Code, smoking is
prohibited in the Concession Space, and no person shall smoke outside within 20 feet from any
entrance, passageway, operable window or ventilation system of the Concession Space unless
such person is passing through the area, without stopping, en route to another destination. The
Contractor shall inform persons violating this provision of the applicable law and request their
compliance.
4.3 Restriction on Items Offered for Sale. In no event shall Contractor offer for sale
or otherwise supply smoking instruments or tobacco at the Golf Course.
4.4 Compliance with Applicable Law. The Contractor agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as all rules,
regulations, policies, and procedures adopted by the City or any of its Boards, Service Areas,
Divisions or Departments having jurisdiction over the Golf Course.
ARTICLE 5
Rights of Ingress and Egress
5.1 In General. The Contractor shall have the right of ingress and egress to and from
the Concession Space for Contractor's employees, agents and invitees to the extent reasonably
necessary in connection with the conduct of Contractor's business under this Agreement. Areas
designated as restricted areas by the City shall be excluded.
5.2 Closures. The City may, at any time, temporarily or permanently, close or consent
to or request the closing of any roadway or any other way at, in or near the Golf Course, presently
or hereafter used as such, so long as reasonable and safe means of ingress and egress remains
available to Contractor.
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ARTICLE 6
Undertakings of Contractor
6.1 Service. Contractor agrees:
6.1.1 The Contractor shall furnish and pay for all equipment, except as otherwise
provided by the City pursuant to Article 10, all goods, labor, transportation,
supervision and services necessary to provide services in accordance with this
Agreement.
6.1.2 Contractor acknowledges the desire and obligation of the City to provide a
high level of service to the public. Therefore, Contractor agrees to offer for sale
from the Concession Space only high quality merchandise and products. If, in the
opinion of the City, the selection of items offered is inadequate or not of high
quality, or if any of the items are found to be objectionable for display and/or sale
in a public facility, the items shall be removed or replaced as required by the City.
The City Representative shall meet and confer with Contractor regarding such
matters. However, Contractor acknowledges that the City's determination as to
the same shall be conclusive. Failure of Contractor to correct, rectify or modify its
quality within five (5) days of being advised in writing to do so shall be cause for
default.
6.1.3 Contractor warrants that all Golf Services and related responsibilities performed
under this Agreement shall be performed with the highest degree of competence and care
and in accordance with the highest modern professional golfing and management
standards in leading golf clubs and golf courses.
6.2 Hours of Operation. Subject to the exception for inclement weather expressed
below, the Contractor will be required to provide services under this Agreement as follows:
A. During the months of April, May, June, July, August and
September, from at least 6:00 A.M. through sundown (or later if golfers remain on
the course);
B. During the months of October, November, December, January,
February and March, from at least 8:00 A.M. to sundown (or later if golfers
remain on the course);
C. Exceptions to the daily schedule may be made, subject to the
consent of the City, if closing is dictated by weather and/or course play.
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6.3 Contractor Personnel. Contractor shall control the conduct and demeanor of its
agents and employees. If the City so requests, Contractor agrees to supply and require its
employees to wear suitable attire and to wear or carry badges or other suitable means of
identification, the form for which shall be subject to prior and continuing approval of the City.
6.3.1 The contractor agrees to provide to the City at all times a current list of
employees, volunteers, and other representatives or agents of Contractor that will be
working on behalf of the Contractor in providing services to the City under this
Agreement. The Contractor and the City acknowledge and agree that certain services
provided by Contractor will require that employees, volunteers, and other representatives
or agents of Contractor act in positions of trust which will entail the handling of and
accounting for funds of the City and the City property, or direct contact with youth and
members of the general public. Accordingly, Contractor agrees that all employees,
volunteers, and other representatives or agents of the Contractor in positions of trust, as
described in Exhibit “C”, consisting of two (2) pages attached hereto, and incorporated
herein by this reference, shall be screened using the background screening procedure
described in Exhibit “C”, at the Contractor’s expense, and that the results of such
background screening shall be provided to the City prior to any such persons participation
in the provision of services hereunder. The Contractor shall require the completion and
execution of the Disclosure/Request, Authorization, and Waiver form attached hereto as
Exhibit “D”, consisting of one (1) page and incorporated herein by this reference, and
shall provide to the employee/volunteer a Summary of Rights under the Fair Credit
Reporting Act included as part of Exhibit “E”, as attached hereto, which consists of two
(2) pages and is incorporated herein by this reference.
6.3.2 The City may provide assistance in completing the background investigation,
including providing information from the completed disclosure form to an outside vendor
for a confidential records check. Contractor acknowledges that in such event, by
providing such assistance to Contractor, the City assumes no responsibility for the
timeliness, accuracy or completeness of the background investigation, or for the direct or
indirect consequences resulting from the same, and Contractor shall hold the City
harmless for any injury or loss resulting therefrom.
6.3.3 In the event that a background check, or any other information available to the
Contractor or the City, raises questions about the trustworthiness, fitness for provision of
services under this Agreement, competency or suitability of any individual for a position
of trust of any kind, including handling of City 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.
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6.3.4 Upon receipt of written notice from the City of any reasonable objection from the
City concerning trustworthiness, fitness for provision of services under this Agreement,
competence or suitability of any individual for a position of trust of any kind, or
concerning conduct, demeanor or competence of any employee, volunteer, and other
representative or agent of Contractor, the Contractor shall immediately take all lawful
steps to remove or otherwise address to the City’s reasonable satisfaction the cause of the
objection or to remove such individual from the performance of any services provided
hereunder.
6.3.5 The following constitute unacceptable personal conduct that the parties
acknowledge and agree shall be subject to reasonable objection by the City. The parties
acknowledge that other conduct not listed in this Section may be determined by the City
to be reasonably expected to impair Contractor’s ability to provide satisfactory services
under this Agreement, and may also give rise to a reasonable objection by the City to
which Contractor shall be expected to respond as set forth herein. In the event the
Contractor, or the individual Golf Professional, if different from Contractor, commits any
of the following examples of unacceptable conduct, or fails or refuses to take reasonable
action to correct such conduct by any person providing services for or on behalf of
Contractor hereunder, the City may give Contractor notice of violation and proceed in
the manner as set forth in Section 17.1.9.
A. Commission or conviction of a felony, or of any crime involving moral
turpitude;
B. Theft or misuse of City money or property;
C. Harassment of, or discrimination against, any individual based on race,
religion, national origin, age, sex, sexual orientation, or disability;
D. Falsification, unauthorized use or destruction of City records, reports or other
data or information belonging to the City;
E. Abusive or threatening treatment of any person, including, but not limited to
physical or verbal confrontation;
F. Using, consuming, possessing, having in the body, or distributing alcohol
(except in the normal performance of golf services) or controlled substances during
working time;
G. Destruction, loss or abuse of City property;
H. Unauthorized use of City equipment or property for personal use; or
I. Possessing or maintaining sexually explicit materials on City property.
6.4 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Contractor represents and agrees that as of the date of this Agreement:
A. Contractor does not knowingly employ or contract with an illegal alien; and
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B. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 “Basic Pilot Program”) in order
to verify that Contractor does not employ any illegal aliens.
6.4.1 Contractor shall not knowingly employ or contract with an illegal alien to perform
works under this Agreement or enter into a contract with a subcontractor that fails to
certify to Contractor that the subcontractor shall not knowingly employ or contract with
an illegal alien to perform work under this Agreement.
6.4.2 Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier. The
requirements of this section shall not be required or effective if the Basic Pilot Program is
discontinued.
6.4.3 Contractor is prohibited from using Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while this Agreement is being performed.
6.4.4 If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Contractor
shall:
A. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
B. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Contractor shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien.
6.4.5 Contractor shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the “Department”) made in the course of an investigation that
the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
6.4.6 If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor’s violation of Subsection 8-17.5-102, C.R.S.
7
6.4.7 The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such breach.
6.4.8 Compliance with C.R.S. § 24-76.5-103. Contractor acknowledges that the
Agreement is a “public benefit” within the meaning of C.R.S. § 24-76.5-103. As such, the
Contractor shall ensure compliance with C.R.S. § 24-76.5-103 by performing the required
verifications. Specifically, when required the Contractor shall ensure that:
6.4.9 If the public benefit provided by the funds flows directly to a natural person (i.e.,
not a corporation, limited liability company, or other legally-created entity) 18 years of
age or older, he/she must do the following:
A. Complete the affidavit attached to this Agreement as Exhibit “I”; and
B. Attach a photocopy of the front and back of one of the following forms of
identification: a valid Colorado driver’s license or Colorado identification card; a
United States military card or military dependent’s identification card; a United
States Coast Guard Merchant Mariner identification card; or a Native American
tribal document.
6.4.10 If an individual applying for the benefits identified herein executes the affidavit
stating that he/she is an alien lawfully present in the United States, Contractor shall
verify their lawful presence through the federal systematic alien verification or
entitlement program, known as the “SAVE Program,” operated by the U.S. Department
of Homeland Security or a successor program designated by that department. In the
event Contractor determines through such verification process that the individual is not
an alien lawfully present in the United States, the Contractor shall not provide benefits to
such individual.
6.5 Statements, Recordkeeping and Audits. Contractor shall keep books and records
of the business, including an accounting of all revenue and expenses of the concession operation,
in accordance with good and acceptable accounting practice and in such form as is satisfactory to
the City. The Contractor hereby grants to the City the right to audit Contractor's books and
records for its operation at the Golf Course and agrees to make available to the City, or its
authorized representative, at any time, Monday through Friday inclusive, between the hours of
9:00 a.m. and 5:00 p.m., at the offices of the City or the Golf Course, at the City's election, all
records, books and relevant related information as may be required for audit purposes.
6.6 Physical Interference. Contractor shall not do, nor permit to be done, anything
which may interfere with the effectiveness or accessibility of the drainage system, sewerage
system, fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if any,
installed or located in the Concession Area or elsewhere at the Golf Course.
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6.7 Taxes. Contractor agrees to pay all local, state and federal social security,
unemployment insurance, sales, use, personal property, possessory interest, and other taxes,
assessments and payments-in-lieu which, during the term of this Agreement or any extension
hereof, may become a lien of which may be levied or charged by the State, County, City of Fort
Collins or other tax-levying body upon or with respect to the Concession Space or the Golf
Course, upon any taxable interest acquired by the Contractor in this Agreement, or any taxable
possessory right which Contractor may have in or to the Concession Space or facilities or the
improvements thereon, by reason of Contractor's occupancy or use thereof, or otherwise, as well
as all taxes on taxable property, real or personal, owned by Contractor or taxes on Contractor's
operations or activities in or about the Concession Space or elsewhere at Collindale Golf Course.
However, except as otherwise permitted by this Agreement, no charges, fees or taxes of any
nature shall be imposed by the City solely upon Contractor for exercising any right or privilege
granted by the City to Contractor in this Agreement with respect to the use of the Concession
Space. Nothing herein shall prevent Contractor from protesting, through due process, any taxes
levied.
6.8 Licenses. Contractor agrees to obtain and pay for all licenses necessary in
connection with its operation, including without limitation a City business license and/or
occupation license.
6.8.1 Any such licenses held by the Contractor in connection with this
Agreement shall be surrendered by the Contractor upon termination of this
Agreement.
6.8.2 Upon Contractor's surrender of all licenses and acquisition of new licenses
by such replacement Contractor as the City may select, the City shall reimburse
Contractor for such proportional amount of the cost of the license as may be
attributable to any remaining period which may exist from the date of Contractor's
surrender to license expiration.
ARTICLE 7
Term
7.1 Period. The term of this Agreement shall commence on January 1, 2007, and,
unless terminated sooner, shall expire on December 31, 2007.
7.2 Renewal -- 2008. This Agreement shall be automatically renewed for a period
from January 1, 2008, until December 31, 2008, unless the Contractor is in default or unless one
party serves written notice to the other party of its intention to terminate the Agreement,
provided such written notice must be served at least ninety (90) days prior to December 31,
2007.
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7.3 Renewal -- 2009. This Agreement shall be automatically renewed for a period
from January 1, 2009, until December 31, 2009, unless the Contractor is in default or unless one
party serves written notice to the other party of its intention to terminate the Agreement,
provided such written notice must be served at least ninety (90) days prior to December 31,
2008.
7.4 Renewal -- 2010. This Agreement shall be automatically renewed for a period
from January 1, 2010, until December 31, 2010, unless the Contractor is in default or unless one
party serves written notice to the other party of its intention to terminate the Agreement,
provided such written notice must be served at least ninety (90) days prior to December 31,
2009.
7.5 Renewal -- 2011. This Agreement shall be automatically renewed for a period
from January 1, 2011, until December 31, 2011, unless the Contractor is in default or unless one
party serves written notice to the other party of its intention to terminate the Agreement,
provided such written notice must be served at least ninety (90) days prior to December 31,
2010.
7.6 Extension. This Agreement may be extended beyond the original five (5) year
term if performance is satisfactory and subject to City Council approval and negotiation of a
mutually acceptable extension agreement.
7.7 Holding Over. In the event that the Contractor, or its successor in interest, if
any, shall remain beyond the term set forth herein, although no right to remain is given by this
Article, it is the intention of the parties and it is hereby agreed that a right of use from month-to-
month shall then arise subject to all provisions and conditions of this Agreement in connection
with such right, except that the City shall have the sole right to determine reasonable fees for any
holdover period.
ARTICLE 8
Fee For Services/Fee For Conducting Business
8.1 Golf Services Receipts. Contractor shall retain all fees received from the provision
of golf lessons and instruction.
8.2 Golf Services Fee. As payment for performance of Golf Services, the City shall
pay to Contractor the sum of ______($____) for 2007; _______($____) for 2008;
________($____) for 2009; _________($______) for 2010; and _________($______) for 2011.
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8.3 Golf Shop Concession Fee. For the privilege of conducting the concession
operations hereunder, and the exclusive use of the Concession Space, the Contractor shall pay to
the City _______ in 2007, 2008, 2009, 2010, and 2011.
8.4 Time of Payments. The City shall pay to Contractor the Golf Services Fee,
required under Section 8.2, in monthly amounts at the beginning of each month in advance;
provided, however, that the parties may agree to an alternate payment schedule. The Contractor
shall pay the Golf Shop Concession Fee required under Section 8.3, on a monthly basis but, in no
event, later than fifteen (15) days after the first day of the next month.
8.5 Interest on Past Due Amounts. Contractor shall pay interest on all past due
amounts at the rate of eighteen percent (18%) per annum from the date, until
paid.
8.6. Method of Payment. Payment for all fees under Article 8 shall be by check or
money order payable to the order of the “City of fort Collins – Golf” and shall be mailed
or personally delivered to the City Representative at 300 Laporte Avenue, P.O. Box 580,
Fort Collins, Colorado, 80522
ARTICLE 9
Utilities, Maintenance and Janitorial Duties
9.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash
collection, recycling, basic clubhouse security, telephone, and electric services to the Concession
Space; except, however, that the Contractor shall reimburse the City on a monthly basis for all
long distance and two-thirds (2/3) of all local telephone charges accruing as a result of calls
attributable to the telephone lines located in the Concession Space or otherwise made by
Contractor, its agents and employees. The Golf Professional shall pay for any customer
televisions, cable or satellite services, or expanded security services.
9.2 Maintenance and Repair. The City shall maintain and repair the Concession
Space and City equipment and fixtures (defined in Article 10). Contractor shall submit all
requests for repairs or maintenance to the City Representative. Notwithstanding anything to the
contrary contained herein, the City shall not in any way be liable to the Contractor for failure to
make repairs as herein specifically required of it unless the Contractor has previously notified the
City in writing of a need for such repairs, and the City has failed to commence and complete said
repairs within a reasonable period of time following receipt of the Contractor's written
notification.
9.2.1 The Contractor shall neither hold nor attempt to hold the City liable for any injury
or damage, either approximate or remote, occasioned through or caused by defective electrical
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wiring or the breaking or stoppage of plumbing or sewage upon the Concession Space, whether
said breakage or stoppage results from freezing or otherwise.
9.3 Cleaning and Janitorial. The Contractor shall keep the Concession Space and its
fixtures clean and in good sanitary condition as required by the ordinances, resolutions, statutes
and health, sanitary and police regulations of the City of Fort Collins, County of Larimer, and
State of Colorado. The Contractor shall also be responsible for the daily cleaning and janitorial
services for the following: all outside entrances to the Concession Space; the golf cart staging
areas and cart storage areas; the common stairwells and elevator; the lower level storage and club
repair rooms; the ladies storage/lounge room; floor areas and common areas/hallways; long-term
lockers; lower level restrooms, day-use locker areas, and showers. The City shall provide, and
retain ownership of, all janitorial supplies and equipment needed by the Contractor to perform
the services required by this Section.
ARTICLE 10
Acceptance and Trade Fixtures
10.1 Concession Space, City Equipment and Fixtures. In addition to the Concession
Space, the City shall provide the following:
10.1.1 Existing equipment as listed on Exhibit “F”, attached hereto and made a
part hereof;
10.1.2 Lighting fixtures for general area illumination;
10.1.3 Heat and air conditioning;
10.1.4 Pro Shop Carpeting;
10.1.5 Pro shop counters, storage units and safe; and
10.1.6 One cash register or drawer, computerized system, and credit card machine for use
by Contractor in connection with performance of services and sales under this
Agreement.
10.2 Acceptance. On the date of commencement of this Agreement, Contractor shall
acknowledge that it accepts the Concession Space as well as any City equipment and fixtures "as
is."
10.3 Installation of Equipment and Trade Fixtures. Except for the items listed on
Exhibit “G”, attached hereto and made a part hereof, no equipment, trade fixtures, signs or other
personal property used by Contractor in its business, whether or not attached to the Concession
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Space or any Improvements thereon, may be installed without the prior written approval of the
City.
10.4 Removal of Equipment, Trade Fixtures. Contractor shall have the right at any
time during the term of this Agreement, with the City’s approval, or upon termination and within
ten (10) days thereafter, to remove all trade fixtures, equipment and other personal property
subject to any valid lien the City may have thereon for unpaid rents on installation of equipment
in lieu of Golf Services Concession Fee pursuant to Section 8.3. Any property not so removed by
Contractor upon termination shall become a part of the realty on which it is located and title
thereto shall vest in the City. The City shall have the right to file any liens necessary to secure its
interest in the merchandise and equipment present in the Concession Space during the term of
the Agreement.
10.5 Title to Improvements. Upon installation or erection of improvements by
Contractor such improvements (but excluding any of Contractor's personal property and trade
fixtures which are attached or affixed thereto) shall become a part of the realty upon which they
are erected and title thereto shall vest in the City. Upon vesting, the Improvements become part
of the Concession Space and are subject to the terms applicable to the Concession Space within
this Agreement.
10.6 Applicable Law. All Improvements and all trade fixtures, equipment or other
personal property installed by Contractor shall be subject to and conform in all respects to the
applicable statutes, ordinances, building codes, sign codes, rules and regulations of all
governmental agencies which have jurisdiction over such matters.
ARTICLE 11
Damage by Contractor
Contractor shall be liable for and shall repair, replace or cause to be repaired or replaced
within fifteen (15) days after occurrence, any damage to the Concession Space, or to City's
property, equipment and fixtures (defined in Article 10) caused by Contractor, its officers,
agents, employees or anyone acting under its direction and control, ordinary wear and tear
excepted. All repairs or replacements shall be made promptly and when necessary and shall be in
a quality and of a class at least equal to the original. If the damage for which Contractor is liable
is to the Concession Space, Contractor shall continue to be liable for all rent owed for the
Concession Space, even if it has been rendered untenantable.
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ARTICLE 12
Total or Partial Destruction
12.1 Concession Space or Other Major Component Rendered Untenantable. In case,
during the term of this Agreement, the Concession Space, Golf Course or any principal part of
any one of them shall be destroyed or shall be so damaged by fire, flood, or other casualty so as to
be rendered untenantable or unusable as determined by the City:
12.1.1 Then, in such event, at the option of the City or Contractor, the term
hereby created shall cease; and this Agreement shall become null and void from
the date of such damage or destruction; and Contractor shall immediately
surrender the Concession Space and its interest therein to the City; provided,
however, that the City or Contractor shall exercise such option to so terminate
this Agreement by notice, in writing, delivered to the other party within thirty
(30) days after the City's determination of untenantability or unusability.
12.1.2 In the event neither the City nor Contractor shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the City
shall repair the Concession Space, Clubhouse, or Golf Course excluding
improvements or equipment, signs, trade fixtures or other personal property
installed by Contractor, with all reasonable speed, placing the same in as good a
condition as it was at the time of the damage or destruction.
12.2 Concession Space Only Untenantable. In the event of destruction rendering only
the Concession Space untenantable, the City shall endeavor, but not be obligated, to make
substitute premises available for Contractor's use. During any period of use by Contractor of such
substitute Concession Space, the City may agree that the Contractor's Fee shall be abated
proportionately.
12.3 Components Tenantable. If the Concession Space or Golf Course shall be only
injured by fire or the elements to such extent so as not to render the same untenantable and unfit
for use and occupancy, the City shall repair the same with all reasonable speed.
12.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Contractor shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment and
other items of its personal property within five (5) days after request being made by the City.
12.5 Exception for Damage Caused by Contractor. In the event of damage caused by
Contractor as more specifically addressed in Article 11 of this Agreement, the provisions of
Article 11 shall govern in any conflict between Article 11 and Article 12.
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12.6 No Claim by Contractor. No compensation or claim shall be made by or allowed to
Contractor by reason of any inconvenience or annoyance arising from the necessity of repairing
any portion of the Concession Space or Collindale Golf Course, however the necessity may
occur.
ARTICLE 13
Indemnification and Insurance
13.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage
or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by
any person whomsoever or whatsoever as a result of any operations, works, acts or omissions
performed within Collindale Golf Course and Concession Space by Contractor, its agents,
employees or contractors unless caused or contributed to by the negligence or willful misconduct
of the City, its employees, agents or contractors.
13.2 Indemnification. Contractor covenants that it will indemnify and hold the City
harmless from all claims, demands, judgments, costs and expenses, including attorneys' fees,
claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by any person
by reason of injury to or death of any individual person or persons, or by reason of damage to,
destruction or loss of use of any property, including City's personnel and City's property, directly
or indirectly arising out of, resulting from or occurring in connection with any operations, works,
acts or omissions of Contractor. As used herein, the term "Contractor" and "City" includes the
respective directors, officers, agents, employees and contractors of Contractor and City.
13.3 Patent Representation. Contractor represents that it is the owner of or is fully
authorized to use any and all services, processes, machines, articles, makes, names or slogans used
by it in its operation or in any way connected with this Agreement.
13.4 Contractor Insurance. Without limiting any of the Contractor's obligations
hereunder, the Contractor shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement with limits specified in Exhibit “H”, which is attached
hereto and incorporated herein by this reference.
13.5 Precautions Against Injury. The Contractor shall take all necessary precautions in
performing the operations hereunder to prevent injury to persons and property.
13.6 Failure to Insure. Failure of Contractor to take out and/or maintain, or the taking
out and/or maintenance of any required insurance shall not relieve Contractor from any liability
under this Agreement, nor shall the insurance requirements be construed to conflict with the
obligations on Contractor concerning indemnification.
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ARTICLE 14
No Interest in Real Property
Contractor agrees that this Agreement constitutes merely a right to use and occupy the
Concession Space for a limited purpose and does not create or convey to Contractor any interest
in real property.
ARTICLE 15
Assignment
The Contractor shall not assign this Agreement, sublet or otherwise allow any person to
take possession of all or any portion of the Concession Space without prior written consent of the
City nor permit any transfer by operation of law of Contractor's interest created hereby, other
than by merger or consolidation unless approved by City.
ARTICLE 16
Right of City to Enter, Inspect and Make Repairs
16.1 In General. City and its authorized employees, agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the circumstances
and with as little interruption to Contractor's operation as is reasonably practicable) to enter
upon any part of the Concession Space for the following purposes:
16.1.1 To inspect such premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether Contractor has
complied with and is complying with the terms and conditions of this Agreement
with respect to such premises;
16.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
16.1.3 To make structural additions and alterations.
16.2 Obstruction by City. All entries made for the purposes enumerated above shall,
except as otherwise provided in Article 12, Total or Partial Destruction, be without abatement of
rent or damage for inconvenience. However, in the event any entry by City in the Concession
Space or the Golf Course for the purpose of making repairs or alterations as provided for in
Section 16.1.2 above (other than repairs necessitated as a result of damage by Contractor under
Article 11) constitutes a substantial obstruction to and impairment of Contractor's right of use of
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such facilities, then Contractor shall be entitled to a fair and just abatement of the rent for such
premises during the period required by City to make such repairs.
16.3 Obstruction by Contractor. In the event that any personal property of Contractor
shall obstruct the access of the City, its officers, employees, agents or contractors, or a utility
company furnishing utility service to any of the existing utility, mechanical, electrical and other
systems, and thus shall interfere with the inspection, maintenance or repair of any such system,
Contractor shall move such property, as directed by the City or said utility company, in order that
access may be had to the system or part thereof for inspection, maintenance or repair. If
Contractor shall fail to so move such property after direction from the City or said utility
company to do so, the City or the utility company may move it without liability for damage
sustained in moving.
16.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this
Article, by the City, or others under right of the City, shall not be, nor be construed to be, an
eviction of Contractor, nor be made the grounds for any abatement of rental nor any claim or
demand for damages against the City, consequential or otherwise, except claims for damages to
person or property caused solely by the negligence of the City.
ARTICLE 17
Default, Rights of Termination
17.1 Default by Contractor. Time is of the essence in the performance of services and
payment of any amounts due under this Agreement. Contractor shall be in default under this
Agreement upon the occurrence of any one or more of the following events:
17.1.1 Contractor's failure to pay any fee or other charge when due and within
five (5) workings days after notice from City of such nonpayment.
17.1.2 Contractor's failure to maintain the insurance required in Section 13.4.
17.1.3 Contractor's assignment of any right hereunder in violation of Article 15.
17.1.4 Contractor's failure to perform, keep or observe any of the terms,
covenants or conditions of this Agreement within seven (7) days (or such longer
time as may be necessary to cure, provided that cure is commenced within the
initial seven [7] days) after notice from the City specifying the nature of the
deficiency with reasonable particularity and the corrective action that is to be
taken within such period to cure the deficiency.
17.1.5 The filing by Contractor of a voluntary petition in bankruptcy, the filing of
an involuntary petition in bankruptcy against Contractor, the taking of possession
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of all or substantially all of Contractor's assets pursuant to proceedings brought
under the provisions of any federal reorganization act or the appointment of a
receiver of all or substantially all of Contractor's assets and the failure of
Contractor to secure the return of such assets and/or the dismissal of such
proceeding within thirty (30) days after the filing.
17.1.6 The abandonment for a period of (7) days by Contractor of the conduct of
its services and operations.
17.1.7 The assignment by Contractor of its assets for the benefit of creditors.
17.1.8 The death of the Contractor, or Contractor’s disability for an aggregate period of
two (2) months during any term of this Agreement.
17.1.9 After written notice to the Contractor of any violation of the personal conduct
standards set forth in Section 6 above, and a hearing of the matter before the City’s
Director of Purchasing and Risk Management, if such a hearing has been requested in
writing received by the Director of Purchasing and Risk Management within ten (10)
days after mailing of written notice of violation, a determination by the Director of
Purchasing and Risk Management that the alleged violation has, in fact, occurred, and
that such violation materially interferes with Contractor’s ability to perform its services
hereunder in a manner satisfactory to the City or otherwise impairs the benefits to be
derived from the City by this Agreement, including the good will, satisfaction, health and
safety of the general public.
17.2 City’s Remedies on Default.
17.2.1 In the event of a default by Contractor, the City may terminate this Agreement
effective immediately upon provision of written notice of such termination to Contractor.
In the alternative, the City may elect to keep the Agreement in force and work with
Contractor to cure the default. If this Agreement is terminated, Contractor shall refund
to the City that portion of the Golf Services Fee paid by the City pursuant to Section 8.2
proportional to the time remaining in the calendar year at the time of Contractor’s
default, and the City shall have the right to take possession of any and all equipment
located in the Concession Space at the time of default. Contractor’s liability to City for
damages and rent shall survive the termination, and the City may re-enter, take
possession of the Concession Space and remove any persons or property by legal action or
by self-help with the use of reasonable force and without liability for damages.
17.2.2 Following re-entry or abandonment, City may make arrangements for use
of the Concession Space by others and in that connection may make any suitable
alterations or refurbish the Concession Space, but City shall not be required to
make such arrangement for any use or purpose.
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17.3 Rights and Remedies Reserved. It is understood and agreed that any rights and
remedies reserved pursuant to this Article are in addition to any other rights or remedies the City
may have pursuant to this Agreement or to applicable law to seek judicial enforcement, damages
or any other lawful remedy.
ARTICLE 18
Miscellaneous Provisions
18.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed
cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to the City, or Contractor, at law or in equity, and the exercise of any remedy, or the
existence herein of other remedies or indemnities shall not prevent the exercise of any other
remedy.
18.2 Non-Waiver. The failure by either party to exercise any right or rights accruing to it
by virtue of the breach of any covenant, condition or agreement herein by the other party shall
not operate as a waiver of the exercise of such right or rights in the event of any subsequent
breach by such other party, nor shall such other party be relieved thereby from its obligations
under the terms hereof.
18.3 Non-liability of Individuals Other than Contractor. With the exception of
Contractor, no director, officer, agent or employee of either party hereto shall be charged
personally or held contractually liable by or to the other party under any term or provision of this
Agreement or of any supplement, modification or amendment to this Agreement because of any
breach thereof, or because of its or their execution or attempted execution of the same.
18.4 Limitations on Use. Contractor shall not use, or permit the use of the Concession
Space, or any part thereof, for any purpose or use other than those authorized by this Agreement.
Neither shall Contractor permit nor suffer any disorderly noise or nuisance whatsoever about the
Concession Space or Collindale Golf Course.
18.5 Governing Law. This Agreement shall be performable and enforceable in Larimer
County, Colorado, and shall be construed in accordance with the laws of the State of Colorado.
18.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Contractor, their successors and assigns, and is not made for the benefit of any third party.
18.7 Construction. In the event of any ambiguity in any of the terms of this Agreement,
it shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
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18.8 Successors and Assigns. All covenants, stipulations and agreements in this
Agreement shall extend to and bind each party hereto, its legal representatives, successors and
assigns.
18.9 Headings. The titles of the several articles of this Agreement are inserted herein for
convenience only, and are not intended and shall not be construed to affect in any manner the
terms and provisions hereof, or the interpretation or construction thereof.
18.10 Attorney Fees. In the event any legal action or proceeding is brought to collect
sums due or to become due hereunder or any portion thereof or to enforce compliance with this
Agreement for failure to observe any of the covenants of this Agreement, the losing party agrees
to pay to the prevailing party such sums as the Court may judge reasonable attorneys' fees and
costs to be allowed in such action or proceeding and in any appeal therefrom.
18.11 Contract Documents, Entire Agreement. This writing, together with the exhibits
hereto, the Request for Proposal (#P-1038)/Instructions/Specifications package, representations
by the Contractor during the Selection Interview and Extension Negotiation Process, and
Contractor’s Proposals (including Annual Payment Schedule Statement) constitutes the entire
agreement between the parties, their officers, employees, agents and assigns and supersedes all
prior agreements, understandings, warranties or promises between the parties hereto, whether
written, spoken or implied from the conduct of the parties hereto.
18.12 Severability. In the event any covenant, condition or provision of this Agreement
is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of
such covenant, condition or provision shall not in any way affect any of the other covenants,
conditions or provisions of this Agreement, provided that the invalidity of any such covenant,
condition or provision does not materially prejudice either City or Contractor in his or its
respective rights and obligations under the valid covenants, conditions or provisions of this
Agreement.
18.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier
termination as herein provided, Contractor shall remove all of its property from Collindale Golf
Course and surrender entire possession of its rights at Collindale Golf Course to City and its
improvements in accordance with Section 11 above, unless this Agreement is renewed or
replaced.
18.14 City Representative. The City designates the Manager of the Golf Division, of
Cultural, Library, and Recreational Services, as its representative who shall make, within the
scope of his/her authority, all necessary and proper decisions with reference to this Agreement.
All requests for contract interpretations, amendments and other clarifications or instructions
shall be directed to the City Representative.
18.15 Notices. Notices permitted or required to be given under this Agreement
shall be in writing and shall be deemed given upon personal delivery or
upon deposit in the United States Mail, certified, return receipt requested,
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postage fully prepaid, addressed as follows or to such other address as the
parties may designate from time to time by notice given in accordance with
this Section:
To Contractor:
To the City: Manager
Golf Division
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522-0580
18.16 Schedules and Exhibits. Whenever reference is made in this Agreement to a
Schedule or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule or
Exhibit shall be deemed attached to and by this reference incorporated in this Agreement.
18.17 Force Majeure. However, neither the City nor the Contractor shall be deemed in
violation of this Agreement if prevented from performing any of its obligations hereunder by
reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God,
act of public enemy, acts of superior governmental authority, weather conditions, rights,
rebellion, sabotage or any other circumstances that are not within its control.
18.18 No Limitation on General Powers. Nothing in this Agreement shall be construed
as in any way limiting the general powers of the City to fully exercise their governmental
functions or their obligations under any bond covenants or federal, state or local laws, rules or
regulations.
18.19 No Relationship. Nothing contained herein shall be deemed or construed by the
parties hereto nor by any third party as creating the relationship of employer and employee,
principal and agent or a partnership or a joint venture between the parties hereto. It is agreed
that in the performance of the golf services and concession operation hereunder, the Contractor
is an independent contractor responsible to the City only as to the results to be obtained and to
the extent that the services and operation shall be done in accordance with the terms of this
Agreement.
18.20 Personal Services. It is understood that the City enters into the Agreement based
on the special abilities of the Contractor and that this Agreement shall be considered as an
agreement for his/her personal services. Accordingly, the Contractor shall neither assign any
responsibilities nor delegate any duties under this Agreement to any other person without the
prior written consent of the City.
18.21 Survival. To the extent necessary to carry out all of the terms and provisions
hereof, the said terms, obligations and rights set forth herein required shall survive and shall not
be affected by the expiration or termination of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year written above.
ATTEST: THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
_____________________________ By: ____________________________________
City Clerk James B. O'Neill, II, CPPO, FNIGP
Director of Purchasing and
Risk Management
APPROVED AS TO FORM:
________________________
Kraig Ecton
Assistant City Attorney
CONTRACTOR:
____________________________________
EXHIBIT A
SCOPE OF GOLF SERVICES
A. Contractor In General
1. Management and supervision of the golf course operations at the Collindale Golf
Course, including but not limited to, the general management of play on the course and driving
range, course monitoring (ranger/marshal functions), preparation, return inspection, and rental of
City-provided golf carts, day-use and longer term locker/storage rentals, golf lessons/instruction,
golf club repair and rentals, tournament and leagues coordination, coordinating with the Club
Men’s and Women’s Associations, and the overall use and management of the clubhouse
(excepting the Restaurant/Snack Bar Concession), including without limitation the daily cleaning
and janitorial services in the Pro Shop, the outside entrance areas, and the lower level restrooms,
day-use locker areas and showers, and the long-term locker hallway, and rooms.
2. Timely collection of and accounting of City green fees, punch card fees, annual
pass fees, tournament fees, golf cart rental or use fees, surcharges, reservation fees, and other
such fees in the amounts set by the City.
3. Cleaning and daily preparation for use by customers of City-provided golf carts,
return inspection, and including without limitation the daily cleaning of the golf cart staging and
cart storage areas.
4. Provision of starters, assistant golf professionals, course monitors
(marshals/rangers), cashiers, janitors, and other personnel as necessary to facilitate full and
efficient use of the course and other activities at the Collindale Golf Course.
B. Golf Professional
1. The Contractor shall devote his/her full time and attention as the primary Golf
Professional for the Collindale Golf Course during the entire calendar year. Upon submitting a
request at least three (3) days in advance and receiving the City's consent, he/she may take up to
a total of fourteen (14) vacation days annually, and may be away from the golf course for the
purpose of participating in tournament play or other golf-related activities, i.e. schools, seminars
and demonstrations, to maintain and/or improve professional status for up to a total of sixteen
(16) additional days annually.
2. The Contractor shall serve as the primary monitor (marshal/ranger) at the
Collindale Golf Course.
EXHIBIT B
SCOPE OF PRO SHOP AND DRIVING RANGE SERVICES
I. Pro Shop and Driving Range.
A. The Contractor shall operate a golf pro shop in the clubhouse which shall stock a
variety of golfing equipment (for sale and rent), supplies and related merchandise in sufficient
quantity to meet the demands of customers of the golf course.
B. The Contractor shall provide all merchandise and display fixtures, stock, supplies
and inventory for the shop.
C. The Contractor shall operate the existing driving range, such operation to include
making equipment and range balls available for use.
D. The Contractor may retrieve and own any abandoned golf balls in the lakes or
ditches at Collindale Golf Course.
II. Merchandise Quality, Price Control. Contractor acknowledges the desire and obligation
of City to provide the public and the golfer high quality merchandise and a high level of public
service. Therefore, Contractor agrees to offer for sale from the clubhouse only high quality
merchandise at prices not to exceed the prices customarily charged for similar merchandise in
high quality Fort Collins area operations. If, in the opinion of the City, the selection of items
offered is inadequate, if the merchandise is not of high quality, if any of the prices, charges and
rates are excessive, or if any of the items are found to be objectionable for display and/or sale in
a public facility, a representative of the City shall meet and confer with Contractor regarding
such matters, but Contractor acknowledges that the City's determination as to same shall be
conclusive. Failure of Contractor to correct, rectify or modify its prices or quality within five (5)
days of being advised in writing to do so shall be cause for default. Contractor shall not offer for
sale gift certificates, vouchers, punch cards, or other similar services, except to the extent the
same are restricted and limited in duration to the term of the Agreement.
III. Fees. All fees and other income received through the operation of the pro shop, the sale
of merchandise, locker/storage rentals, golf lessons/instructions, tournament service fees, golf
club repair, the rental of equipment owned by the Contractor, and the use of the driving range
shall be retained by Contractor.
IV. Use of the Clubhouse. The Contractor shall use any and all parts of the clubhouse
(except the restaurant/snack bar area) and the old golf cart storage building, hereinafter
collectively referred to as "clubhouse," for the purpose of operating the concessions and for other
incidental purposes only. The clubhouse shall not be used for any other purpose without the
prior written consent of City.
V. Maintenance and Repairs.
A. The City shall be responsible to maintain and repair the interior and exterior of the
clubhouse. The City shall not in any way be liable to the Contractor for failure to make repairs
unless the Contractor has previously notified the City in writing of a need for such repairs, and
the City has failed to commence and complete said repairs within a reasonable period of time
following receipt of the notification.
B. The Contractor shall be liable for and shall reimburse the City for the cost of any
repairs or damage caused by any act or negligence of the Contractor or its agents or employees.
C. The Contractor shall secure the retail pro shop area and shall provide janitorial
services to that area, as well as to the lower level restrooms, showers, lockers, common hallways
and rooms, keeping them clean and in good sanitary condition as required by the ordinances,
regulations and statutes of the City of Fort Collins, County of Larimer and State of Colorado.
D. The Contractor shall neither hold nor attempt to hold the City liable for any injury
or damage, either proximate or remote, occasioned through or caused by defective electrical
wiring or the breaking or stoppage of plumbing or sewage in or upon the clubhouse, whether said
breakage or stoppage results from freezing or otherwise.
E. The Contractor shall not permit nor suffer the clubhouse or the walls thereof to be
endangered by over loadings nor permit it to be used for any purpose which would render the
insurance thereon void or insurance risks more hazardous without prior written consent of the
City, which consent may be conditioned upon the Contractor obtaining additional specific
insurance coverage for such more hazardous risks.
VI. Alterations and Improvements.
A. All alterations, additions, improvements or changes to the clubhouse by the
Contractor subsequent to the commencement of the term shall be subject to the prior written
approval of the City.
B. The City reserves the right, from time to time (without invalidating or modifying
this Agreement), to make alterations, changes and additions to the land and improvements of
which the clubhouse forms a part.
C. The Contractor hereby indemnifies and agrees to hold the City harmless from all
liens, claims or charges on account of any alterations, additions, improvements or changes to the
clubhouse by Contractor.
D. At the end of the term of this Agreement, all fixtures, equipment, additions and
alterations, except trade fixtures installed by the Contractor, shall be and remain the property of
the City. Provided, however, the City shall have the option to require the Contractor to remove
any or all such fixtures, equipment, additions and alterations and restore the clubhouse to the
condition that existed immediately prior to such change and installation, normal wear and tear
excepted, all at the Contractor's cost and expense. All such work shall be done in a good and
workmanlike manner and shall consist of new materials unless otherwise agreed to by the City.
VII. Utilities. The City shall pay all charges for water, sewer, gas, trash collection,
recycling, basic security alarm system, telephone and electric services to the clubhouse; except,
however, that the Contractor shall reimburse the City on a monthly basis for all long distance and
two-thirds of local telephone charges accruing as a result of calls by Contractor, its agents and
employees. The Golf Professional shall pay for any customer televisions, cable or satellite
services, or expanded security services.
VIII. Credit Card Billing System. The City and the bank handling the City’s banking services
will allow the Contractor to use the City’s credit card billing system for the collection of all City
fees and charges, as well as for specified Golf Professional fees, with the Contractor paying for
their share of said service, and at the rate established by the City and/or the City’s bank.
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
Golf 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 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.
EXHIBIT D
DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR OTHER
REPRESENTATIVES OR AGENTS OF CONTRACTORS REGARDING
PROCUREMENT OF A CONSUMER REPORT
(including a criminal history report)
In connection with your status as a prospective employee, volunteer, or other representative or agent of
the Contractor, Contractor and the City of Fort Collins may procure a consumer report/criminal history on
you as part of the process of considering your candidacy for said status. The investigation conducted in
conjunction with the report may include an investigation of your personal employment/volunteer history,
education, financial, and credit records, public records concerning your driving record, civil and criminal
court records, county, state, and Federal tax liens, notices of default and bankruptcies, and other records
as may be appropriate. In the event that information from the report is utilized in whole or in part in
making an adverse decision with regard to your potential employment/volunteer/representative/agent
status, before making the adverse decision, the City and the Contractor will attempt to provide you and
the Contractor with a copy of the consumer report/criminal history and a description in writing of your
rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives you specific
rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF YOUR RIGHTS
UNDER THE FAIR CREDIT REPORTING ACT is attached to this document.
By your signature below, you hereby authorize us to obtain a consumer report and/or an investigative
report about you in order to consider your status as a prospective employee, volunteer, or other
representative or agent for the Contractor.
Applicant’s Name:
(Please Print) First Middle Last
Signature: Date of Birth:
Applicant’ Address:
City/State/Zip:
Driver’s License #: Social Security #:
Signature of Parent or Guardian:
(if Applicant is under the age of 18):
Other names used in the last seven (7) years:
Previous out-of-state address(es) in the past seven (7) years.
1.
Address City County State Zip
2.
Address City County State Zip
Please list any additional addresses on the back of this page.
Contractor’s Initials: Date: City Staff Initials: Date:
EXHIBIT E
EXHIBIT F
CITY-OWNED INVENTORY
1 Television Set
All tables, chairs, lamps and pictures in the clubroom
Counters
Public Address System
Security System
1 Talento credit card machine
1 POS System with HP 1300 Printer (GolfTrac)
All Rental Lockers
EXHIBIT G
CONTRACTOR-PROVIDED PERSONAL PROPERTY
EXHIBIT H
INSURANCE LIMITS
1. $500,000 -- Combined Single Limit for Personal Injury and/or
Property Damage
2. Statutory -- Workers' Compensation Coverage A
3. $100,000/$100,000/$500,000 -- Workers' Compensation Coverage B
EXHIBIT I
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, __________________, swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
___ I am a United States citizen, or
___ I am a Permanent Resident of the United States, or
___ I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
___________________________ _______________
Signature Date
INTERNAL USE ONLY Valid forms of identification
---current Colorado driver’s license, minor driver’s license, probationary driver’s license, commercial driver’s
license, restricted driver’s license, instruction permit
---current Colorado identification card
---U.S. military card or dependent identification card
---U.S. coast guard merchant mariner card
---Native American tribal document
The following forms of identification may be accepted through February 28, 2007*
---original birth certificate from any state of the United States
---certificate verifying naturalized status by U.S. with photo and raised seal
---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
---order of adoption by a U.S. court with seal of certification
---valid driver’s license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL, MD, MI, NE, NM,
NC, OR, TN, TX, UT, VT and WI
---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current I-551
stamp or visa, current foreign passport with I-94, I-94 with asylum status, unexpired Resident Alien card, Permanent
Resident card or Employment Authorization card
*A waiver may be available where no identification exists or can be obtained due to a medical condition, homelessness,
or insufficient documentation to receive a Colorado I.D. or driver’s license. Contact your department director.