HomeMy WebLinkAboutDOUGLAS W PERRY - CONTRACT - AGREEMENT MISC - DOUGLAS PERRYCITY PARK NINE GOLF COURSE
GOLF SERVICES AND CONCESSION AGREEMENT
This Golf Services and Concession Agreement, hereinafter called the "Agreement," is
made and entered into as of the 11th day of April, 2014, by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation, whose principal offices are at 300 LaPorte
Avenue, Fort Collins, Colorado 80521, hereinafter called "City," and Douglas W. Perry,
hereinafter called "Contractor", regarding certain services to be provided at the City Park Nine
Golf Course, 411 South Bryan Avenue, Fort Collins, Colorado, 80521 (the "Golf Course").
W I T N E S E T H:
ARTICLE 1 Golf Services
Contractor agrees to provide golf services in accordance with the Scope of Golf Services
description, attached as Exhibit "A" and incorporated herein by this reference ("Golf
Services"), such services to be provided primarily by the Contractor.
ARTICLE 2 Grants of Concessions
2.1 Grant of Pro Shop and Driving Range Concession. The City grants and Contractor
accepts the responsibility of operating a Golf Pro Shop and Driving Range
Concession in accordance with the Scope of Pro Shop and Driving Range Services
description attached as Exhibit "B" and incorporated herein by this reference ("Pro
Shop and Driving Range Services").
2.2 Grant of Snack Bar Concession. The City grants and Contractor accepts the
responsibility of operating a kitchen and snack bar area and using such facilities as
appropriate to provide refreshment services, including food, non-alcoholic
beverages, licensed alcoholic beverages, and related services to the public at the
Golf Course, in accordance with the Scope of Snack Bar Concessions description,
attached as Exhibit "C" and incorporated herein by this reference ("Snack Bar
Services").
ARTICLE 3 Concession Space
For the purposes of this Agreement, the "Concession Space" shall mean any and all parts of
the pro shop and clubhouse building at the Golf Course.
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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 twenty (20) feet
from any entrance, passageway, operable window or ventilation system of the
Concession Space, including outdoor patios 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.
ARTICLE 5 Rights of Ingress and Egress
5.1 In General. The Contractor shall have the right of ingress and egress to and from
the Concession Space for Contractor's employees, agents and invitees to the extent
reasonably necessary in connection with the conduct of Contractor's business under
this Agreement. Areas designated as restricted areas by the City shall be excluded.
5.2 Closures. The City may, at any time, temporarily or permanently, close or consent to
or request the closing of any roadway or any other way at, in or near the Golf
Course, presently or hereafter used as such, so long as reasonable and safe means
of ingress and egress remains available to Contractor.
ARTICLE 6 Undertakings of Contractor
6.1 Service. Contractor agrees:
6.1.1 The Contractor shall furnish and pay for all equipment, except as
otherwise provided by the City pursuant to Article 10, all goods,
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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 food and beverages and other appropriate merchandise
and products. If, in the opinion of the City, the selection of items
offered is inadequate or not of high quality or if any of the items
are found to be objectionable for display and/or sale in a public
facility, the items shall be removed or replaced as required by the
City. The City Representative shall meet and confer with
Contractor regarding such matters. However, Contractor
acknowledges that the City's determination as to the same shall
be conclusive. Failure of Contractor to correct, rectify or modify its
quality within five (5) days of being advised in writing to do so shall
be cause for default.
6.1.3 Contractor warrants that all Golf Services and related
responsibilities performed under this Agreement shall be
performed with the highest degree of competence and care and in
accordance with the highest modern professional golfing and
management standards in leading golf clubs and golf courses.
6.1.4 Personal Services. It is understood that the City enters into this
Agreement based on the special abilities of the Contractor and
that this Agreement shall be considered as an agreement for
his/her personal services. Accordingly, the Contractor shall
neither assign any responsibilities nor delegate any duties
designated to the Golf Professional/Concessionaire under this
Agreement to any other person without the prior written consent of
the City, and as otherwise set forth in Article 15.
6.1.5 During the peak season, April 1 through September 1, the
Contractor is expected to work six (6) days a week. Contractor
shall provide in writing, as requested in writing by the City, a
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weekly schedule of Contractor’s time spent performing duties at
the Golf Course.
6.2 Hours of Operation. Subject to the exception for inclement weather expressed
below, the Contractor will be required to provide services under this Agreement as
follows:
A. During the months of April, May, June, July, August and
September, from at least 6:00 A.M. through sundown (or later if
golfers remain on the course);
B. During the months of October, November, December, January,
February and March, from at least 8:00 A.M. to sundown (or later
if golfers remain on the course);
C. Exceptions to the daily schedule may be made, subject to the
consent of the City, if closing is dictated by weather and/or course
play.
6.3 Special Events Option. Contractor shall have the option, upon request by the City,
but shall not be obligated, to provide luncheons or other meals for special occasions,
including but not limited to association meetings and tournaments. In the event such
a request is made and Contractor elects not to provide such services, the City may
make use of the Concession Space to provide food and beverage services through
other means, provided, however, that the City will make reasonable efforts to
minimize the disruption to Contractor's operations that may result.
6.4 Contractor Personnel. Contractor shall control the conduct and demeanor of its
agents and employees. If the City so requests, Contractor agrees to supply and
require its employees to wear suitable attire and to wear or carry badges or other
suitable means of identification, the form for which shall be subject to prior and
continuing approval of the City.
6.4.1 The Contractor agrees to provide to the City at all times a current list of
employees, volunteers, and other representatives or agents of Contractor
that will be working on behalf of the Contractor in providing services to the
City under this Agreement. The Contractor shall keep a written record of
all hours worked by volunteers and provide this information to the City on
a monthly basis or upon request. The Contractor and the City
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acknowledge and agree that certain services provided by Contractor will
require that employees, volunteers, and other representatives or agents
of the Contractor act in positions of trust which will entail the handling of
and accounting for funds of the City and City property, or direct contact
with youth and members of the general public. Accordingly, Contractor
agrees that all employees, volunteers, and other representatives or
agents of the Contractor in positions of trust, as described in Exhibit "D",
consisting of two (2) pages and incorporated herein by this reference,
shall be screened using the background screening procedure described
in Exhibit "D", at the Contractor's Expense, and that the results of such
background screening shall be provided to the City prior to any such
persons participation in the provision of services hereunder. The
Contractor shall require the completion and execution of the
Disclosure/Request, Authorization, and Waiver form attached hereto as
Exhibit "E", consisting of one (1) page and incorporated herein by this
reference, and shall provide to the employee/volunteer a Summary of
Rights under the Fair Credit Reporting Act included as part of Exhibit "F",
as attached hereto consisting of two (2) pages and incorporated herein by
this reference.
6.4.2 The City may provide assistance in completing the background
investigation, including providing information from the completed
disclosure form to an outside vendor for a confidential records check.
Contractor acknowledges that in such event, by providing such
assistance to Contractor, the City assumes no responsibility for the
timeliness, accuracy or completeness of the background investigation, or
for the direct or indirect consequences resulting from the same, and
Contractor shall hold the City harmless for any injury or loss resulting
therefrom.
6.4.3 In the event that a background check, or any other information available
to the Contractor or the City, raises questions about the trustworthiness,
fitness for provision of services under this Agreement, competency or
suitability of any individual for a position of trust of any kind, including
handling of funds, City equipment or property, or working with youths or
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other members of the general public, such individual shall not be
employed or allowed to volunteer in connection with the services or
activities required or permitted under this Agreement, or in a manner that
would permit contact by that person with the funds, equipment, property
associated with the provision of services hereunder, or persons
participating in programs or services provided under this Agreement.
6.4.4 Upon receipt of written notice from the City of any reasonable objection
from the City concerning trustworthiness, fitness for provision of services
under this Agreement, competence or suitability of any individual for a
position of trust of any kind, or concerning conduct, demeanor or
competence of any employee or volunteer of Contractor, the Contractor
shall immediately take all lawful steps to remove or otherwise address to
the City's reasonable satisfaction the cause of the objection or to remove
such individual from the performance of any services provided hereunder.
6.4.5 The following constitute unacceptable personal conduct that the parties
acknowledge and agree shall be subject to reasonable objection by the
City. The parties acknowledge this list is not meant to be exhaustive, and
other conduct not listed in this Section may be determined by the City to
reasonably 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 anyone providing services for the
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
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disability, including any breach of the terms set forth in Exhibit
G, attached hereto;
D. Falsification, unauthorized use or destruction of City records,
reports or other data or information belonging to the City;
E. Abusive or threatening treatment of any person, including, but
not limited to physical or verbal confrontation;
F. Using, consuming, possessing, having in the body or
distributing alcohol (except in the normal performance of
concession services) or controlled substances during working
time;
G. Destruction, loss or abuse of City property;
H. Unauthorized use of City equipment or property for personal
use; or
I. Possessing or maintaining sexually explicit materials on City
property.
J. Failure to meet the City’s performance expectations
6.5. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Contractor represents and agrees that:
6.5.1. As of the date of this Agreement:
A. Contractor does not knowingly employ or contract with an
illegal alien who will perform work under this Agreement; and
B. Contractor will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in
Public Law 156, 108th Congress, as amended, administered by
the United States Department of Homeland Security (the “e-Verify
Program”) or the Department Program (the “Department
Program”), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the
employment eligibility of all newly hired employees to perform
work under this Agreement.
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6.5.2. Contractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement or knowingly enter
into a contract with a subcontractor that knowingly employs or
contracts with an illegal alien to perform work under this
Agreement.
6.5.3. Contractor is prohibited from using the e-Verify Program or
Department Program procedures to undertake pre-employment
screening of job applicants while this Agreement is being
performed.
6.5.4. If Contractor obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or
contracts with an illegal alien, Contractor shall:
A. Notify such subcontractor and the City within three days that
Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
B. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the
illegal alien; except that Contractor shall not terminate the contract
with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
6.5.5. Contractor shall comply with any reasonable request by the
Colorado Department of Labor and Employment (the
“Department”) made in the course of an investigation that the
Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
6.5.6. If Contractor violates any provision of this Agreement pertaining to
the duties imposed by Subsection 8-17.5-102, C.R.S. the City may
terminate this Agreement. If this Agreement is so terminated,
Contractor shall be liable for actual and consequential damages to
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the City arising out of Contractor’s violation of Subsection 8-17.5-
102, C.R.S.
6.5.7. The City will notify the Office of the Secretary of State if Contractor
violates this provision of this Agreement and the City terminates
the Agreement for such breach.
6.6 Statements, 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 accounting practice and in such form as is
satisfactory to the City. The Contractor hereby grants to the City the right to audit
Contractor's books and records for its operation at the Golf Course and agrees to
make available to the City, or its authorized representative, at any time, Monday
through Friday inclusive, between the hours of 9:00 a.m. and 5:00 p.m., at the offices
of the City or the Golf Course, at the City's election, all records, books and relevant
related information as may be required for audit purposes.
6.7 Physical Interference. Contractor shall not do, nor permit to be done, anything which
may interfere with the effectiveness or accessibility of the drainage system,
sewerage system, fire protection system, sprinkler system, alarm system and fire
hydrants and hoses, if any, installed or located in the Concession Area or elsewhere
at the Golf Course.
6.8 Taxes. Contractor agrees to pay all local, state and federal social security,
unemployment insurance, sales, use, personal property, possessory interest, and
other taxes, assessments and payments-in-lieu which, during the term of this
Agreement or any extension hereof, may become a lien of which may be levied or
charged by the State, County, City of Fort Collins or other tax-levying body upon or
with respect to the Concession Space or the Golf Course, upon any taxable interest
acquired by the Contractor in this Agreement, or any taxable possessory right which
Contractor may have in or to the Concession Space or facilities or the improvements
thereon, by reason of Contractor's occupancy or use thereof, or otherwise, as well as
all taxes on taxable property, real or personal, owned by Contractor or taxes on
Contractor's operations or activities in or about the Concession Space or elsewhere
at City Park Nine Golf Course. However, except as otherwise permitted by this
Agreement, no charges, fees or taxes of any nature shall be imposed by the City
solely upon Contractor for exercising any right or privilege granted by the City to
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Contractor in this Agreement with respect to the use of the Concession Space.
Nothing herein shall prevent Contractor from protesting, through due process, any
taxes levied.
6.9 Licenses. Contractor agrees to obtain and pay for all licenses necessary in
connection with its operation, including but not limited to, a County Health
Department Food Services Establishment inspection, a City Optional Premise Liquor
License, and a City business license and/or occupation license.
6.9.1 Any such licenses held by the Contractor in connection with this
Agreement shall be surrendered by the Contractor upon
termination of this Agreement.
6.9.2 Upon Contractor's surrender of all licenses and acquisition of new
licenses by such replacement Contractor as the City may select,
the City shall reimburse Contractor for such proportional amount
of the cost of the license as may be attributable to any remaining
period which may exist from the date of Contractor's surrender to
license expiration.
6.9.3 For the purpose of the Optional Premise Liquor License, the
"premises" shall be defined to include the Concession Space and
adjacent outdoor patio, and the entire golf course grounds of City
Park Nine Golf Course.
ARTICLE 7 Term
7.1 Period. The term of this Agreement shall commence on April 18, 2014, and unless
terminated sooner, shall expire on December 31, 2018.
7.2 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.
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ARTICLE 8 Fee For Services/Fee For Conducting Business
8.1 Fee for Services. As payment for performance of Golf Services, the Contractor shall
be paid 16% of gross revenue received by the City from greens fees, cart rentals and
the driving range produced by the course annually. Annual pass revenue will be
allocated to the course at the end of the year based on annual pass rounds played at
the course. Premier Card revenue will be allocated to the course monthly based on
Premier Card purchases at the course discounted by the amount of discount
provided by the Premier Card. The Fee for Services fee will be paid in monthly
installments on the first Friday of each month in advance based on the annual
average of the gross revenue received by the City from greens fees, cart rentals and
the driving range produced by the course over the past five years, less 5%. The five
(5) year average gross revenue calculation for year one of the Contract is in the
below Table 1. Beginning May 1st, the Contractor’s monthly installment for year 1 of
the Contract will be $6,857.03 as calculated in the below Table 2. By the first Friday
of February of the following year, the City shall pay the Contractor the difference
between the amount paid by the City to the Contractor in the prior year and 16% of
revenue received by the City from greens fees, cart rentals and the driving range
produced by the course in the prior year, if any. If the amount paid by the City to the
Contractor in the prior year exceeds 16% of the gross revenue received by the City
from greens fees, cart rentals and the driving range from the course for the prior
year, the Contractor shall pay the difference to the City within 30 days of being
notified of the amount due. The Fee for Services will be revised annually and
become effective the first Friday of each month beginning in April of each Contract
year.
Table 1
Five (5) Year Gross Revenue Summary
Revenue Source 2009 2010 2011 2012 2013 AVG
Green Fees $435,300 $437,866 $434,849 $513,256 $476,342 $459,523
Cart Fees $56,359 $55,339 $54,225 $69,581 $71,632 $61,427
Driving Range $53,486 $43,865 $51,701 $57,706 $65,055 $54,362
Total $545,145 $537,070 $540,775 $640,543 $613,029 $565,883
Table 2
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Description Calculation
5 Year Average Gross Revenue $565,883
16% Gross Revenue (Annual Fee for Services) $90,541.28
95% of Annual Fee for Services $86,014.20
Less Extended Contract Payments ($17,158.00)
Less Driving Range 1/1/14 thru 4/30/14 ($14,000.00)
Balance Total $54,856.20
Monthly Installment Calculation for 8 Months $6,857.03
8.2 Additional Income. All fees and other income received through the operation of the
pro shop, the sale of merchandise, food, beverages, golf lessons/instruction,
tournament service fees, pull cart rental, golf club repair, and the rental of equipment
owned by the Contractor shall be retained by Contractor. Contractor shall provide
written records of such income upon request by the City.
8.3 Interest on Past Due Amounts. Contractor shall pay interest on all past due amounts
at the rate of eighteen percent (18%) per annum from the due date, until paid.
8.4 Method of Payment. Payment for fees due to the City under Article 8 shall be by
check or money order payable to the order of "City of Fort Collins - Golf" and shall be
mailed or personally delivered to Dawn Worth at the City of Fort Collins Golf Services
Office, 215 N. Mason St, Fort Collins, Colorado, 80522.
ARTICLE 9 Utilities, Maintenance and Janitorial Duties
9.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash
collection, recycling, basic clubhouse security system services, telephone, and
electric services to the Concession Space. The Contractor shall pay for any Pro
Shop televisions, cable or satellite services, or expanded security services.
Concessionaire is responsible for any cable/satellite TV charges.
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,
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and the City has failed to commence and complete said repairs within a reasonable
period of time following receipt of the Contractor's written notification.
9.2.1 The Contractor shall neither hold nor attempt to hold the City liable for any
injury or damage, either approximate or remote, occasioned through or caused
by defective electrical wiring or the breaking or stoppage of plumbing or sewage
upon the Concession Space, whether said breakage or stoppage results from
freezing or otherwise.
9.3 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, policies, statutes, and health, sanitary and police regulations of the City
of Fort Collins, County of Larimer, and State of Colorado.
9.3.1 Contractor shall thoroughly clean the entire Concession Space,
including all equipment and fixtures, whether provided by the City
or Contractor, and the windows, floors, counters, refrigerators and
all coils at least once prior to, once during and a third time after
the close of the April through September golf season.
9.3.2 Contractor is responsible for the ongoing cleanliness of the
Concession Space in order to provide a clean and orderly
appearance for golfers and the public, including but not limited to,
busing and cleaning tables, chairs, patio, floor areas and removing
trash accumulations to designated trash containers.
9.3.3 Contractor shall maintain clean and orderly restrooms in the
Concession Space throughout operating hours.
9.3.4 Contractor shall be responsible for the daily cleaning of all outside
entrances to the concession space, as well as the daily cleaning
of the golf cart staging area. Contractor is responsible for snow
removal from pathways leading to the Concession Space when
the course is open.
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:
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10.1.1 Existing equipment as listed on Exhibit "H", attached hereto and
made a part hereof;
10.1.2 Lighting fixtures for general area illumination;
10.1.3 Heat and air conditioning;
10.1.4 Pro shop counters, storage units and safe; and
10.1.5 One cash register and/or computerized system, and credit card
machine for use by Contractor in connection with performance of
services and sales under this Agreement.
10.1.6 Pro Shop Carpeting.
10.2 Acceptance. On the date of commencement of this Agreement, Contractor shall
acknowledge that it accepts the Concession Space as well as any City equipment
and fixtures "as is."
10.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit
"I", attached hereto and made a part hereof, no equipment, trade fixtures, signs or
other personal property used by Contractor in its business, whether or not attached
to the Concession Space or any Improvements thereon, shall be installed without the
prior written approval of the City.
10.4 Removal of Equipment, Trade Fixtures. Contractor shall have the right at any time
during the term of this Agreement or upon termination and within thirty (30) days
thereafter, to remove all trade fixtures, equipment and other personal property,
subject to any valid lien the City may have thereon. Any property not so removed by
Contractor upon termination shall become a part of the realty on which it is located
and title thereto shall vest in the City.
10.5 Title to Improvements. Upon installation or erection of Improvements by Contractor,
such Improvements (but excluding any of Contractor's personal property and trade
fixtures which are attached or affixed thereto) shall become a part of the realty upon
which they are erected and title thereto shall vest in the City. Upon vesting, the
Improvements become part of the Concession Space and are subject to the terms
applicable to the Concession Space within this Agreement.
10.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal
property installed by Contractor shall be subject to and conform in all respects to the
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applicable statutes, ordinances, building codes, sign codes, rules and regulations of
all governmental agencies which have jurisdiction over such matters.
ARTICLE 11 Damage by Contractor
Contractor shall be liable for and shall repair, replace or cause to be repaired or replaced
within fifteen (15) days after occurrence, any damage to the Concession Space, or to City's
property, equipment and fixtures (defined in Article 10) caused by Contractor, its board
members, officers, agents, employees or anyone acting under its direction and control,
ordinary wear and tear excepted. All repairs or replacements shall be made promptly and
when necessary and shall be in a quality and of a class at least equal to the original.
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 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.
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12.2 Concession Space Only Untenantable. In the event of destruction rendering only the
Concession Space untenantable, the City shall endeavor, but not be obligated, to
make substitute premises available for Contractor's use. During any period of use by
Contractor of such substitute Concession Space, the City may direct that the
Contractor's Fee shall be abated proportionately.
12.3 Components Tenantable. If the Concession Space or Golf Course shall be only
injured by fire, flood, or the elements to such extent so as not to render the same
untenantable and unfit for use and occupancy, the City shall repair the same with all
reasonable speed.
12.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Contractor shall remove all rubbish, debris, merchandise, furniture, furnishings,
equipment and other items of its personal property within five (5) days after request
being made by the City.
12.5 Exception for Damage Caused by Contractor. In the event of damage caused by
Contractor as more specifically addressed in Article 11 of this Agreement, the
provisions of Article 11 shall govern in any conflict between Article 11 and Article 12.
12.6 No Claim by Contractor. No compensation or claim shall be made by or allowed to
Contractor by reason of any inconvenience or annoyance arising from the necessity
of repairing any portion of the Concession Space or City Park Nine Golf Course,
however the necessity may occur.
ARTICLE 13 Indemnification and Insurance
13.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or
injury, including cost of suit and reasonable expenses of legal services, claimed or
recovered by any person whomsoever or whatsoever as a result of any operations,
works, acts or omissions performed within City Park Nine Golf Course and
Concession Space by Contractor, its agents, employees or contractors unless
caused or contributed to by the negligence or willful misconduct of the City, its
employees, agents or contractors.
13.2 Indemnification. Contractor covenants that it will indemnify and hold the City harmless
from all claims, demands, judgments, costs and expenses, including attorneys' fees,
claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by
any person by reason of injury to or death of any individual person or persons, or by
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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 "J", which is
attached hereto and incorporated herein by this reference.
13.5 Precautions Against Injury. The Contractor shall take all necessary precautions in
performing the operations hereunder to prevent injury to persons and property.
13.6 Failure to Insure. Failure of Contractor to take out and/or maintain, or the taking out
and/or maintenance of any required insurance shall not relieve Contractor from any
liability under this Agreement, nor shall the insurance requirements be construed to
conflict with the obligations on Contractor concerning indemnification.
ARTICLE 14 No Interest in Real Property
Contractor agrees that this Agreement constitutes merely a right to use and occupy the
Concession Space for a limited purpose and does not create or convey to Contractor any
interest in real property.
ARTICLE 15 Assignment
The Contractor shall not assign this Agreement, sublet or otherwise allow any person to take
possession of all or any portion of the Concession Space without prior written consent of the
City nor permit any transfer by operation of law of Contractor's interest created hereby, other
than by merger or consolidation unless approved by City.
ARTICLE 16 Right of City to Enter, Inspect and Make Repairs
16.1 In General. City and its authorized employees, agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the
circumstances and with as little interruption to Contractor's operation as is
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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 damage for inconvenience.
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 any claim or
demand for damages against the City, consequential or otherwise, except claims for
damages to person or property caused solely by the negligence of the City.
ARTICLE 17 Default, Rights of Termination
17.1 Default by Contractor. Time is of the essence in the performance of services and
payments of any amounts due under this Agreement. Contractor shall be in default
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under this Agreement upon the occurrence of any one or more of the following
events:
17.1.1 Contractor's failure to pay any fee or other charge when due, or
provide acceptable financial reports if requested by the City within
five (5) workings days after notice from City of such nonpayment
or request.
17.1.2 Contractor's failure to maintain the insurance required in Section
13.4.
17.1.3 Contractor's assignment of any right hereunder in violation of
Article 15.
17.1.4 Contractor's failure to perform, keep or observe any of the terms,
covenants or conditions of this Agreement within seven (7) days
(or such longer time as may be necessary to cure, provided that
cure is commenced within the initial seven 7 days) after notice
from the City specifying the nature of the deficiency with
reasonable particularity and the corrective action that is to be
taken within such period to cure the deficiency.
17.1.5 The filing by Contractor of a voluntary petition in bankruptcy, the
filing of an involuntary petition in bankruptcy against Contractor,
the taking of possession of all or substantially all of Contractor's
assets pursuant to proceedings brought under the provisions of
any federal reorganization act or the appointment of a receiver of
all or substantially all of Contractor's assets and the failure of
Contractor to secure the return of such assets and/or the
dismissal of such proceeding within thirty (30) days after the filing.
17.1.6 The abandonment for a period of (7) calendar 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.
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17.1.8 The death of the Contractor or his/her inability to provide services under
this Agreement for an aggregate period of 45 days or more during any
annual term of this Agreement.
17.1.9 After written notice to the Contractor of any violation of the personal
conduct or performance 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 month at the time of the Contractor's default, and the
City shall have the right to take possession of the Concession
Space at the time of default. Contractor's liability to City for
damages 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
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Space, but City shall not be required to make such arrangement
for any use or purpose.
17.3 Rights and Remedies Reserved. It is understood and agreed that any rights and
remedies reserved pursuant to this Article are in addition to any other rights or
remedies the City may have pursuant to this Agreement or to applicable law to seek
judicial enforcement, damages or any other lawful remedy.
17.4 Termination Notice. Notwithstanding the time periods contained herein, either party
may terminate this Agreement effective December 31st of the respective contract
year without cause by providing written notice to the other party. Such notice shall
be delivered at least ninety (90) days prior to December 31st. All notices provided
under this Agreement shall be effective when mailed, postage prepaid and sent to
the addresses provided in Section 18.15, below.
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
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this Agreement. Neither shall Contractor permit nor suffer any disorderly noise or
nuisance whatsoever about the Concession Space or City Park Nine Golf Course.
18.5 Governing Law. This Agreement shall be performable and enforceable in Larimer
County, Colorado, and shall be construed in accordance with the laws of the State of
Colorado.
18.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Contractor, their successors and assigns, and is not made for the benefit of any third
party.
18.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it
shall not be construed for or against any party hereto on the basis that such party did
or did not author the same.
18.8 Successors and 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 7013 Golf Professional/Concessionaire City Park
Nine, instructions, specifications package, representations by the Contractor during
the selection interview and/or extension negotiation process, and Contractor’s
Proposals (including Annual Payment Schedule Statement) constitutes the entire
agreement between the parties, their officers, employees, agents and assigns and
supersedes all prior agreements, understandings, warranties or promises between
the parties hereto, whether written, spoken or implied from the conduct of the parties
hereto.
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18.12 Severability. In the event any covenant, condition or provision of this Agreement is
held to be invalid by final judgment of any court of competent jurisdiction, the
invalidity of such covenant, condition or provision shall not in any way affect any of
the other covenants, conditions or provisions of this Agreement, provided that the
invalidity of any such covenant, condition or provision does not materially prejudice
either City or Contractor in his/her or its respective rights and obligations under the
valid covenants, conditions or provisions of this Agreement.
18.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier
termination as herein provided, Contractor shall remove all of its property from City
Park Nine Golf Course and surrender entire possession of its rights at City Park Nine
Golf Course to City and its improvements in accordance with Section 11 above,
unless this Agreement is renewed or replaced.
18.14 City Representative. The City designates the Director of Parks, as its representative
who shall make, within the scope of his/her authority, all necessary and proper
decisions with reference to this Agreement. All requests for contract interpretations,
amendments and other clarifications or instructions shall be directed to the City
Representative.
18.15 Notices. Notices permitted or required to be given under this Agreement shall be in
writing and shall be deemed given upon personal delivery or upon deposit in the
United States Mail, certified, return receipt requested, postage fully prepaid,
addressed as follows or to such other address as the parties may designate from
time to time by notice given in accordance with this Section:
Contractor: City: Copy to:
Douglas W. Perry City of Fort Collins City of Fort Collins
3500 Swanstone Drive #10 Attn: Director of Parks Attn: Purchasing Dept.
Fort Collins, CO 80525 PO Box 580 PO Box 580
Fort Collins, CO 80522 Fort Collins, CO 80522
18.16 Schedules and Exhibits. Whenever reference is made in this Agreement to a
Schedule or an Exhibit, unless otherwise specifically expressed to the contrary, such
Schedule or Exhibit shall be deemed attached to and by this reference incorporated
in this Agreement.
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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 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.
[Signatures appear on the following page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year written above.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
By:
THE CITY OF FORT COLLINS. COLORADO
A Municipal Corporation
Gerry Paul
Director of Purchasing and Risk Management
DOUGLAS W. PERRY
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4/28/2014
EXHIBIT A
SCOPE OF GOLF SERVICES
The Golf Professional at the Golf Course shall be a member of, the Professional Golfers'
Association of America ("PGA"). He or she must be of character that is accepted by the general
public.
The following is a list of specific duties required of the Golf Professional. This list may not be all-
inclusive, but should point out the most important duties to be performed by the Golf
Professional or those under his supervision.
A. Contractor in General
1. Management and scheduling of the golf course operations at the City Park Nine
Golf Course, including but not limited to, the general management of play on the
course and driving range, course monitoring (ranger/marshal functions),
preparation, return inspection, and rental of City-provided golf carts, golf
lessons/instruction, golf club repair and rentals, tournament and league
coordination, and overall use and management of the clubhouse, including the
daily cleaning of all outside entrance areas and cleanliness of the clubhouse.
2. Timely collection and accounting of City green fees, annual pass fees, gift
certificates, tournament fees, golf cart rental or use fees, Premier card, driving
range fees, employee or volunteer charge fee, City building rentals, and other fees
in the amounts set by the City.
3. Cleaning and daily preparation for customers of City-provided golf carts, including
the daily cleaning of the golf cart staging area.
4. Provision of starters, assistant golf professionals, course monitors
(marshals/rangers), janitors, cashiers and other personnel as necessary to
facilitate full and efficient use of the course and other activities at the City Park
Nine Golf Course.
5. Supervise the reservation system and the flow of players onto the Golf Course.
Make every effort to maximize the number of tee time reservations per day of
operation.
6. Operate at his/her sole risk, cost, profit and expense, a service-oriented, well-
provisioned golf pro shop and food and beverage service that satisfies the needs of
the public.
7. Provide a golf equipment repair service and provide any other facility necessary to
facilitate such repair.
8. Make available and provide for rental to the public pull carts and golf clubs.
9. Generally supervise and maintain a favorable working relationship with all local golf
associations. Personally provide assistance and support to each association to
meet the reasonable demands of the association. Make every effort to equitably
provide assistance and support to both men's and women's golf associations.
B. Golf Professional
1. The Contractor shall devote his/her full time and attention as the primary golf
professional for the City Park Nine Golf Course during the entire calendar year.
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Upon submitting a written request at least three (3) days in advance and receiving
the City's consent, he/she may take up to a total of fourteen (14) vacation days
annually, no more than five of which may be consecutive between April-
September. The City’s expectation is that vacation days will generally be taken
October through March. The Contractor 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 not more than ten (10) days between April-September with no more than
five (5) of which may be consecutive days between April-September.
2. Contractor shall use his/her best effort to manage the pace of play on the course.
Setting expectations and educating golfers about the time to complete a round and
monitoring the course to enforce compliance are expected. Utilizing a course
starter to help manage pace of play should also be considered.
3. The Contractor shall regularly play golf with a number of different customers to
generally promote golf and Golf Course.
4. In periods of heavy play, Contractor shall regularly tour the Golf Course to greet
customers and answer questions, monitor the flow of play and generally inspect
the facility. Report any physical course problems or safety issues to the Golf
Operations Manager or designee.
5. The Contractor shall serve as the primary monitor (marshal/ranger) at the Golf
Course and maintain the pace of play according to industry standards and City
Policies and Procedures. Volunteers, after proper training by the Contractor, may
also act as course marshals or rangers.
C. Growing the Game.
1. Contractor shall use his/her best effort to increase rounds played at the course and
the use of carts and the driving range. This includes promoting league play and
tournaments. It also includes providing programs and services so attract young
(junior) golfers, women golfers and dormant golfers to the course. Efforts could
include golf camps, leagues or special events or programs for these types of
golfers, female teaching pros, SNAG Golf, Get Golf Ready, Right Tees and similar
efforts.
2. Provide competent golf instruction for all levels of players.
3. Plan, organize, administer and participate in the City's junior golf program.
4. Provide, train and supervise assistant Golf Professionals, starters, marshals and
other personnel necessary to perform requirements set forth in the Concession
Agreement.
5. Attend all Golf Course Advisory Board meetings and other meetings as required.
6. Represent the City in local PGA section activities and tournaments.
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7. Constructively participate in an evaluation of the Golf Professional's operation on
an annual basis.
8. Maintain a close relationship and cooperate with the Golf Course Superintendent.
9. Pick up flagpoles from the course at the end of each day's play.
10. If applicable, retrieve balls from practice range daily or as necessary, wash balls,
stock ball machine, dispense balls to the public and collect range fees. Collect and
account for all golf fees as established by City ordinance. The Golf Professional
does not have the authority to waive any fees owed to the City by a customer or
staff with the exception of the following:
a. Issue refunds to an unsatisfied customers.
b. City staff, only when authorized within the limit of a written policy established
by the Director of Parks.
c. A guest who presents an official City-issued complimentary pass or City-
issued gift certificate.
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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 driving range such operation to include making
equipment and range balls available for use. The City shall provide replacement
range balls as the current inventory of range balls wears out. Contractor shall also
provide and maintain high quality hitting mats, and range ball retrieval equipment.
Contractor shall retrieve range balls as needed to ensure balls are always available
for customers. The Contractor shall maintain the range ball dispensing machine.
The City shall be responsible for replacing the range ball dispensing machine when
the parties agree the machine has reached end of life.
D. The Contractor may retrieve and own any abandoned golf balls at City Park Nine
Golf Course.
II. Merchandise Quality, Price Control. Contractor acknowledges the desire and obligation of
City to provide the public and the golfer high quality merchandise and a high level of public
service. Therefore, Contractor agrees to offer for sale from the clubhouse only high quality
merchandise at prices not to exceed the prices customarily charged for similar merchandise
in high quality Fort Collins area operations. If, in the opinion of the City, the selection of
items offered is inadequate, if the merchandise is not of high quality, if any of the prices,
charges and rates are excessive, or if any of the items are found to be objectionable for
display and/or sale in a public facility, a representative of the City shall meet and confer with
Contractor regarding such matters, but Contractor acknowledges that the City's
determination as to same shall be conclusive. Failure of Contractor to correct, rectify or
modify its prices or quality within five (5) days of being advised in writing to do so shall be
cause for default. Contractor shall not offer for sale gift certificates, vouchers, punch cards,
or other similar services, except to the extent the same are restricted and limited in duration
to one year or less.
III. Use of the Clubhouse. The Contractor shall use any and all parts of the clubhouse and
designated areas of the golf cart storage building, hereinafter collectively referred to as
"clubhouse," for the purpose of operating the concessions and for other incidental purposes
only. The clubhouse shall not be used for any other purpose without the prior written
consent of City.
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IV. Maintenance and Repairs.
A. The City shall be responsible to maintain and repair the interior and exterior of the
clubhouse. The City shall not in any way be liable to the Contractor for failure to
make repairs unless the Contractor has previously notified the City in writing of a
need for such repairs, and the City has failed to commence and complete said
repairs within a reasonable period of time following receipt of the notification.
B. The Contractor shall be liable for and shall reimburse the City for the cost of any
repairs or damage caused by any act or negligence of the Contractor or its agents
or employees.
C. The Contractor shall secure the retail pro shop area and shall provide janitorial
services to that area, keeping it clean and in good sanitary condition as required by
the ordinances, regulations and statutes of the City of Fort Collins, County of
Larimer and State of Colorado and this Agreement.
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 overloading 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.
V. 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.
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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.
VI. Credit Card Billing System. The City and the bank handling the City's banking services will
allow the Contractor to use the City's credit card billing system for the collection of all City
fees and charges, as well as for specified Golf Professional/Concession fees, with the
Contractor paying for their share of said service, and at the rate established by the City.
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EXHIBIT C
SCOPE OF SNACK BAR CONCESSION SERVICES
As of the date of the Agreement, the City understands that the Contractor will provide minimum
food and beverage services at City Park Nine Golf Course, which may include vending
machines for soft drinks, self-service coolers, coffee, candy, chips, cold sandwiches, and the
sale of all approved liquor products; and the operation of a food and beverage cart to serve
these products on the course from at least April through September when a sufficient number of
customers are golfing. City owned or City leased golf carts shall not be used for this purpose
unless approved by the City. In addition, the Contractor may utilize catering companies to come
in for special events, or authorized private parties using City Park Nine Golf Course to utilize
catering companies for their special events at the Course. Catering and/or banquet services
operated out of the Clubhouse are also a possibility.
The City recommends the Contractor incorporate as practical elements of the Dietary
Guidelines for Americans. The Dietary Guidelines encourage Americans to focus on eating a
healthful diet — one that focuses on foods and beverages that help achieve and maintain a
healthy weight, promote health, and prevent disease.
It is the desire of the City and the Contractor that during the term of this Agreement the
possibility exists that City Park Nine Golf Course could support a full-service, full-time snack bar,
provided, however, that the City and/or Contractor brings the kitchen up to Code (including
adding a grill, hood, and proper refrigeration and sinks as per Health Codes). If these
improvements are made, the Contractor may re-open the snack bar full-time during the peak
season and part-time during special events throughout the balance of the year, as may be
appropriate.
The Contractor may utilize all of the City-owned Inventory of Snack Bar/Restaurant Equipment
noted in Exhibit "H" consisting of one page and incorporated herein by this reference ("City-
owned Inventory").
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EXHIBIT G
DISCRIMINATION PROHIBITED
(A) Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109
of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478 and 12086.
Contractor shall not, on the grounds of race, color, sex, religion, national origin, creed, marital
status, or age:
(1) Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Agreement;
(2) Provide any facilities, services, financial aid, or other benefits which are different,
or are provided in a different manner, from those provided to others under this
Agreement;
(3) Subject an individual to segregated or separate treatment in any facility in, or in
any matter if process related to receipt of any service or benefit under this
Agreement;
(4) Restrict an individual in any way in access to, or in the enjoyment of any
advantage or privilege enjoyed by others in connection with any service or
benefit under this Agreement;
(5) Treat anyone differently from others in determining if they satisfy any admission,
enrollment, eligibility, membership or other requirement or condition which the
individual must meet to be provided a service or benefit under this Agreement;
(6) Deny anyone an opportunity to participate in any program or activity as an
employee that is different from that afforded others under this Agreement.
Contractor shall:
(1) Utilize the City’s third-party translation service provider as required to provide
meaningful language access to persons with limited English proficiency; and
(2) Post written notices of non-discrimination in its facilities and make available to its
clients a Title VI complaint form, in a form reasonably acceptable to the City.
(B) Contractor shall abide by all applicable provisions of Section 504 of the HEW
Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting
discrimination against handicapped individuals, and the Age Discrimination Act of 1975
(implemented in 24 CFR part 146) prohibiting discrimination on the basis of age, either
through purpose or intent.
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EXHIBIT H
CITY-OWNED INVENTORY
CITY PARK NINE CLUBHOUSE AND SNACK BAR/RESTAURANT EQUIPMENT
NORTHLAND REFRIGERATOR
HOT DOG MACHINE
ICE MACHINE
SHARP MICROWAVE
FREEZER
ALL TABLES, CHAIRS AND PICTURES IN THE CLUBROOM (EXCEPT FOR THE COUCH, LOVESEAT, THREE
(3) END TBLES, AND SURROUND SOUND STEREO)
Cash register, Credit Card Machine, and Computer in Pro Shop
Information Displays (2)
Sanyo Flat Screen Television
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EXHIBIT I
CONTRACTOR-PROVIDED PERSONAL PROPERTY
1. Club Car Turf 1 Range Cart
2. Easy Picker 3-gang range ball picker
3. Western Golf Range Ball Dispenser
4. Range Servant Range Ball Washer
5. Range Servant Range Mats (24)
6. Range Servant Range Ball Trays (24)
7. CharBroil BBQ Grill
8. Cuisinart Toaster Oven
9. Popcorn Cart
10. Doug’s Office
a. Desk
b. Chair
c. File Cabinet
d. Book case
e. Dell Desktop Computer
f. ASUS laptop computer
g. HP printer
11. Shop Display Furniture (9)
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EXHIBIT J
INSURANCE LIMITS
1. $1,000,000 -- Liquor Liability, per occurrence
2. $1,000,000-- Commercial General Liability with Combined Single Limit; $2,000,000
Aggregate
3. Statutory -- Workers’ Compensation Coverage A
4. $100,000/$500,000/$100,000 -- Workers’ Compensation Coverage B
5. $1,000,000 -- Products Liability
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EXHIBITK
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
Doug Perry .
l, swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
x 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
d t;•;.!' ~ !!F.\i<1 _• E!g !. ! ~!r !. 1~1:I , !('" !l_, • ·utwu~, • or _fi rauuu . :J l cnt statement or representation • • mt h" is sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado ~·sed Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
Date r/o&-
....
INTERNAL USE ONLY Valid forms of identification
0 ---current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
0 ---current Colorado identification card
[1 ---U.S. military card or dependent identification card
0 ---U.S. coast guard merchant mariner card
'l ---Native American tribal document '
The following forms of identification may be accepted through February 28, 2007*
I ~ ......... : .-: -..,. 1 i..: .... 1 .................... :r.,._,...,. 4-'" ... ~ .,_ r>l ... T• ,... .. ,... .. ...r .. !-o ...-r r- :t" . ~t~L-..::-
._ ---v1101ua.1 UHUt \..V.lllJJ\...at.C l..1.011 1 a.uy ;:,t.at.C u1 tit\.. VHh .'"'d ~.,,""~'-"""
~ ---certificate verifying naturalized status by lJ .S. with ph6tq and r3i.scd seal
I U ---certificate verifying U.S. cit~zenship by U.S. government, e.g., U.S. passport
=:: ---order of adoption by a U.S. court with seal of ceitification
;: ---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
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... "· -·--: ..~ r .. .. ~ ~ ·-'""' ~--·'"'-·- . .. -·"
I
__ .... -'t .,.U. tU lliUUib l(.1\.1.V.tt U.V\,..\..UU\.tU'-.::> U.\..-!HVU.31..H.l.\.lllt$ h.lVYl\.l.J t-JLV.:)\...t11'°''--') '°'•b*' \.-l.Hl"-'ltl l\.ll\...lOU tJU._h')lJl\l~L
I
with current 1-551 stamp or visa, current foreign pas~ort \vith T-94, 1-94 ·.vith asylum st~tus,
unexpired Resident Alien card, Permanent Resident card or Employment Authorization card
I .'t\ .. .. \\.:J.• :\...;r r.i:....J 1 u~ U..:.:!. .• . • l;.1 l.J1~ ' \,i.1 :vr~ ~ .. v • ;'U.' ~~ai.' -'..,...1... 1.V"c., • L-iv11 ...... n .• J. .. H.• J Vi. ... u.u • v"' vvu.1
• Uli"• U t Uu. t ... lv • '"" i.JL .....1 . • J. ...... U •
condiLi011, liom~ks~ness, u1 i11sufficicfll Ju1..urn.::iHatiu11i.u1ccci-. ... " C;;iuiu.io LD. vi u;i\u · ~
license. Contact our de artment director.
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