HomeMy WebLinkAboutCB AND POTTS - CONTRACT - RFP - 7090 COLLINDALE RESTAURANT CONCESSIONAIAREDocuSign Envelope ID: 3243A9C0.84CF-4847-9DFE-035A6D8EBCE4
COLLINDALE GOLF COURSE
RESTAURANT/SNACK BAR CONCESSION AGREEMENT
This Collindale Golf Course Restaurant/Snack Bar Concession Agreement (the "Agreement"), is
made and entered into as of the 21st day of November, 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 (the "City"), and Collindale 57, L.L.C., a
Washington limited liability company, d/b/a C.B. & Potts whose principal offices are at 1415 W.
Elizabeth, Fort Collins, CO 80521 (the "Concessionaire").
ARTICLE 1 Concession Space
1.1 Definition of Concession Space. For the purposes of this Agreement, the "Concession
Space" means the following areas at the Collindale Golf Course, 1441 East Horsetooth
Road:
1.1.1 The kitchen, bar, and wait area on the main floor of the Collindale Clubhouse
building as depicted on Exhibit A attached hereto and incorporated herein by this
reference.
1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession
Space for the purpose of offering food, non-alcoholic beverages, licensed alcoholic
beverages, and related services primarily to golfers using the Collindale Golf Course
and, incidentally, to the public.
ARTICLE 2 Concessionaire's Use of the Clubhouse and the Concession Space
2.1 In General. Subject to other limitations expressed in this Agreement, the City grants to
Concessionaire the right to exclusive use of the Concession Space and the right to use
in common with others the public areas of the Clubhouse building and the grounds of the
Collindale Golf Course in conjunction with its food and beverage operations (and for no
other purpose) in such spaces and manner as may be prescribed by the City.
2.2 Smoking. Smoking instruments and tobacco products of any kind will not be sold or
otherwise supplied by Concessionaire at Collindale golf course. Smoking is not
permitted in any areas of the clubhouse, on the adjacent patio or within 20 feet of
entrances. Concessionaire shall comply with any other requirements of applicable Fort
Collins City ordinances and Colorado state law regarding smoking and tobacco products.
2.3 Restriction on Items Offered for Sale. Concessionaire may offer such non-food or non -
beverage items as are incidental to its food and beverage service, except for smoking
instruments and tobacco products, pursuant to section 2.2.
2.4 Compliance with Applicable Law. The Concessionaire agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as
all rules and regulations, policies, and procedures adopted by the City or any of its
Boards, Service Areas, Service Units, Divisions or Departments having jurisdiction over
Collindale Golf Course.
ARTICLE 3 Rights of Ingress and Egress
3.1 In General. The Concessionaire shall have the right of ingress and egress to and from
the Clubhouse and Concession Space for Concessionaire's employees, agents and
invitees to the extent reasonably necessary in connection with the conduct of
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Concessionaire upon termination shall become a part of the realty on which it is located
and title thereto shall vest in the City.
9.5 Title to Improvements. Upon installation or erection of Improvements, such
improvements (but excluding any of Concessionaire's personal property and trade
fixtures which are attached or affixed thereto) shall become a part of the realty upon
which they are erected and title thereto shall vest in the City. Upon vesting, the
Improvements become part of the Concession Space and are subject to the terms
applicable to the Concession Space within this Agreement.
9.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal
property installed by Concessionaire shall be subject to and conform in all respects to the
applicable statutes, ordinances, building codes, rules and regulations of all governmental
agencies which have jurisdiction over such matters.
ARTICLE 10 Damage by Concessionaire
The Concessionaire shall be liable for and shall repair, replace or cause to be repaired or
replaced within fifteen (15) days after occurrence, any damage to the Clubhouse, including the
Concession Space, or to City's property, equipment and fixtures (defined in Article 9) caused by
Concessionaire, its officers, agents, employees or anyone acting under its direction and control,
ordinary wear and tear excepted. All repairs or replacements shall be made promptly and when
necessary and shall be in a quality and of a class at least equal to the original. If the damage for
which Concessionaire is liable is to the Concession Space, Concessionaire shall continue to be
liable for all rent/fees owed for the Concession Space. Concessionaire shall also return the
Concession Space to the City in as good of a condition as when possession of it was delivered
to Concessionaire, reasonable wear and tear excepted. Any reasonable costs the City incurs in
disposing of Concessionaire's personal property and fixtures, and in repairing any damages to
the Concession Space in excess of reasonable wear and tear, shall be paid by Concessionaire
to the Client within fifteen (15) days of it receiving the City's written statement of such costs.
ARTICLE 11 Total or Partial Destruction
11.1 Concession Space or Other Maior Component Rendered Untenantable. In case, during
the term of this Agreement, the Concession Space, Clubhouse, Golf Course or any
principal part of any one of them shall be destroyed or shall be so damaged by fire,
flood or other casualty so as to be rendered untenantable or unusable as determined by
the City:
11.1.1 Then, in such event, at the option of the City or Concessionaire, the term hereby
created shall cease; and this Agreement shall become null and void from the date
of such damage or destruction; and Concessionaire shall immediately surrender
the Concession Space and its interest therein to the City; provided, however, that
the City or Concessionaire shall exercise such option to so terminate this
Agreement by notice, in writing, delivered to the other party within thirty (30) days
after the City's determination of untenantability or unusability.
11.1.2 In the event neither the City nor Concessionaire shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the City
shall repair the Concession Space, Clubhouse, or Golf Course excluding
Improvements or equipment, signs, trade fixtures or other personal property
installed by Concessionaire, with all reasonable speed, placing the same in as
good a condition as it was at the time of the damage or destruction.
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11.2 Concession Space Only Untenantable. In the event of destruction rendering only the
Concession Space untenantable, the City shall endeavor, but not be obligated to make
substitute premises available for Concessionaire's use. During any period of use by
Concessionaire of such substitute Concession Space, the City may direct that the
Concessionaire's Fee shall be abated proportionately.
11.3 Components Tenantable. If the Clubhouse, Concession Space or Golf Course shall be
only injured by fire or the elements to such extent so as not to render the same
untenantable and unfit for use and occupancy, the City shall repair the same with all
reasonable speed.
11.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings,
equipment and other items of its personal property within five (5) days after request
being made by the City.
11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused by
Concessionaire as more specifically addressed in Article 10 of this Agreement, the
provisions of Article 10 shall govern in any conflict between Article 10 and Article 11.
11.6 No Claim by Concessionaire. No compensation or claim shall be made by or allowed to
Concessionaire by reason of any inconvenience or annoyance arising from the necessity
of repairing any portion of the Clubhouse or Collindale Golf. Course, however the
necessity may occur.
ARTICLE 12 Indemnification and Insurance
12.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or
injury, including cost of suit and reasonable expenses of legal services, claimed or
recovered by any person whomsoever or whatsoever as a result of any operations,
works, acts or omissions performed within Collindale Golf Course and Clubhouse by
Concessionaire, its agents, employees or contractors unless caused by the negligence
or willful misconduct of the City, its employees, agents or contractors.
12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City
harmless from all claims, demands, judgments, costs and expenses, and legal fees
including attorneys' fees, claimed or recovered (whether , justly, unjustly, falsely,
fraudulently or frivolously) by any person by reason of injury to or death of any individual
person or persons, or by reason of damage to, destruction or loss of use of any property,
including City's personnel and City's property, directly or indirectly arising out of, resulting
from or occurring in connection with any operations, works, acts or omissions of
Concessionaire. As used herein, the term "Concessionaire" includes the respective
directors, officers, agents, employees, contractors and subcontractors of Concessionaire.
In the event a subcontractor performs any work under this Agreement, the
Concessionaire shall be responsible for any liability directly or indirectly arising out of the
work performed by such subcontractor.
12.3 Intellectual Property Representation. Concessionaire represents that it is the owner of or
is fully authorized to use any and all services, processes, machines, articles, makes,
names or slogans used by it in its operation or in any way connected with this
Agreement.
12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations
hereunder, the Concessionaire shall provide and maintain insurance coverage naming
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the City as an additional insured under this Agreement as specified in Exhibit "G", which
is attached hereto and incorporated herein by this reference.
12.5 Precautions Against Iniury. The Concessionaire shall take reasonable precautions in
performing the operations hereunder to prevent injury to persons and property.
12.6 Failure to Insure. Neither the failure of Concessionaire to take out and/or maintain, nor
the taking out and/or maintenance of any required insurance shall relieve Concessionaire
from any liability under this Agreement, nor shall the insurance requirements be
construed to conflict with the obligations of Concessionaire concerning indemnification.
In the event the Concessionaire fails to maintain insurance required hereunder, the City
may, at its option, take out and maintain at the expense of the Concessionaire such
insurance as the City may deem proper. The City may offset the cost of any such
insurance from any monies that may be due or become due to the Concessionaire under
this Agreement.
ARTICLE 13 No Interest in Real Property
Concessionaire agrees that this Agreement constitutes merely a right to use and occupy the
Concession Space for a limited purpose and does not create or convey to Concessionaire any
interest in real property.
ARTICLE 14 Assignment
The Concessionaire shall not assign this Agreement, sublet or otherwise allow any person to
take possession of all or any portion of the Concession Space without prior written consent of
the City. Any transfer of Concessionaire's interest by operation of law, merger, consolidation, or
other method is void and ineffective unless Concessionaire obtains written consent of the City.
ARTICLE 15 Right of City to Enter, Inspect and Make Repairs
15.1 In General. City and its authorized employees, agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the
circumstances and with as little interruption to Concessionaire's operation as is
reasonably practicable) to enter upon any part of the Concession Space for the following
purposes:
15A.1 To inspect such premises at reasonable intervals during regular business hours
(or at any time in case of emergency) to determine whether Concessionaire has
complied with and is complying with the terms and conditions of this Agreement
with respect to the premises;
15.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
15.1.3 To make structural additions and alterations.
15.2 Obstruction by City. All entries made for the purposes enumerated above shall, except
as otherwise provided in Article 11, Total or Partial Destruction, be without abatement of
rent for damage for inconvenience. However, in the event any entry by City in the
Concession Space for the purpose of making repairs or alterations as provided for in
Section 15.1.2 above (other than repairs necessitated as a result of damage by
Concessionaire under Article 10) constitutes a substantial obstruction to and impairment
of Concessionaire's right of use of such Concession Space, then Concessionaire shall be
entitled to a fair and just abatement of the rent/fees for such premises during the period
required by City to make such repairs.
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15.3 Obstruction by Concessionaire. In the event that any personal property of
Concessionaire shall obstruct the access of the City, its officers, employees, agents or
contractors, or a utility company furnishing utility service to any of the existing utility,
mechanical, electrical and other systems, and thus shall interfere with the inspection,
maintenance or repair of any such system, Concessionaire shall move such property, as
directed by the City or utility company, in order that access may be had to the system or
part thereof for inspection, maintenance or repair. If Concessionaire shall fail to so move
such property after direction from the City or said utility company to do so, the City or the
utility company may move it without liability for damage sustained in moving.
15.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article, by
the City, or others under right of the City, shall not be, nor be construed to be, an eviction
of Concessionaire, nor be made the grounds for any abatement of rental nor any claim or
demand for damages against the City, consequential or otherwise, except claims for
damages to person or property caused solely by the negligence of the City.
ARTICLE 16 Default, Rights of Termination
16.1 Default by Concessionaire. Time of payment and performance is of the essence of this
Agreement. Concessionaire shall be in default under this Agreement upon the
occurrence of any one or more of the following events:
16.1.1 Concessionaire's failure to pay any fee or other charge when due and within five
(5) workings days after notice from City of such nonpayment.
16.1.2 Concessionaire's failure to provide service, maintain hours of operation, prices,
quality of food and beverages; or control the conduct and demeanor of its agents
and employees as required in Section 4.
16.1.3 Concessionaire's failure to maintain the insurance required in Section 12.4.
16.1.4 Concessionaire's assignment of any right hereunder in violation of Article 14.
16.1.5 Concessionaire's failure to perform, keep or observe any of the terms, covenants
or conditions of this Agreement within seven (7) days (or such longer time as may
be necessary to cure, provided that cure is commenced within the initial seven (7)
days) after notice from the City specifying the nature of the deficiency with
reasonable particularity and the corrective action that is to be taken within such
period to cure the deficiency.
16.1.6 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an
involuntary petition in bankruptcy against Concessionaire, the taking of
possession of all or substantially all of Concessionaire's assets pursuant to
proceedings brought under the provisions of any federal reorganization act or the
appointment of a receiver of all or substantially all of Concessionaire's assets
and the failure of Concessionaire to secure the return of such assets and/or the
dismissal of such proceeding within ninety (90) days after the filing.
16.1.7 The abandonment for a period of seven (7) days by Concessionaire of the
conduct of its services and operations during the season from the beginning of
April through the end of September, or for a period of fourteen (14) days during
the October through March off-season, without the City's consent
16.1.8 The assignment by Concessionaire of any or all of its assets for the benefit of
creditors.
16.1.9 The death of the Concessionaire or dissolving of the Corporation.
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16.2 City's Remedies on Default.
16.2.1 In the event of a default by Concessionaire as set forth in Section 16.1, the City
may terminate this Agreement effective immediately upon providing written notice
of the termination to Concessionaire. In the alternative, the City may elect to
keep the Agreement in force and work with Concessionaire to cure the default. If
this Agreement is terminated, the City shall have the right to take possession of
the Concession Space at the time of default. Concessionaire's liability to City for
damages and rent shall survive the termination, and the City may re-enter, take
possession of the Concession Space and remove any persons or property by
legal action or by self-help with the use of reasonable force and without liability
for damages.
16.2.2 Following re-entry or abandonment, City may make arrangements for use of the
Concession Space by others and in that circumstance may make any suitable
alterations or refurbish the Concession Space, but City shall not be required to
make such arrangement for any use or purpose.
16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and
remedies reserved pursuant to this Article are in addition to any other rights or remedies
the City may have pursuant to this Agreement or to applicable law to seek judicial
enforcement, damages or any other lawful remedy.
ARTICLE 17 Miscellaneous Provisions
17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed cumulative
and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to the City, or Concessionaire, at law or in equity, and the exercise of any
remedy, or the existence herein of other remedies or indemnities shall not prevent the
exercise of any other remedy.
17.2 Non -Waiver. The failure by either party to exercise any right or rights accruing to it by
virtue of the breach of any covenant, condition or agreement herein by the other party
shall not operate as a waiver of the exercise of such right or rights in the event of any
subsequent neither breach by such other party, nor shall such other party be relieved
thereby from its obligations under the terms hereof.
17.3 Non -liability of Individuals Other than Concessionaire. With the exception of
Concessionaire, no director, officer, agent or employee of either party shall be charged
personally or held contractually liable by or to the other party under any term or provision
of this Agreement or of any supplement, modification or amendment to this Agreement
because of any breach thereof, or because of its or their execution or attempted
execution of the same.
17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the Concession
Space, or any part thereof, for any purpose or use other than those authorized by this
Agreement. Concessionaire shall not permit nor suffer any disorderly noise or nuisance
whatsoever about the Concession Space, Clubhouse or Collindale Golf Course.
17.5 Governing Law. This Agreement shall be performable and enforceable in Larimer
County, Colorado, and shall be construed in accordance with the laws of the State of
Colorado.
17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Concessionaire, their successors and assigns, and is not made for the benefit of any
third party.
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17.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it shall
not be construed for or against any party hereto on the basis that such party did or did
not author the same.
17.8 Successors and Assigns. All covenants, stipulations and agreements in this Agreement
shall extend to and bind each party hereto, its legal representatives, successors and
assigns.
17.9 Headings. The titles of the several articles of this Agreement are inserted for
convenience only, and are not intended and shall not be construed to affect in any
manner the terms and provisions hereof, or the interpretation or construction thereof.
17.10 Legal Fees. In the event any legal action or proceeding is brought to collect sums due or
to become due hereunder or any portion thereof or to enforce compliance with this
Agreement for failure to observe any of the covenants of this Agreement, the losing party
agrees to pay to the prevailing party the sums a Court may judge reasonable for legal
fees, including attorneys' fees and costs, in such action or proceeding and in any appeal.
17.11 Entire Agreement. This Agreement, which is the entire agreement between the parties
hereto, supersedes all prior agreements, understandings, warranties or promises
between the parties hereto, whether written, spoken or implied from the conduct of the
parties hereto, except as expressly incorporated herein.
17.12 Severability. In the event any covenant, condition or provision of this Agreement is held
to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants,
conditions or provisions of this Agreement, provided that the invalidity of any such
covenant, condition or provision does not materially prejudice either the City or the
Concessionaire in his or its respective rights and obligations under the valid covenants,
conditions or provisions of this Agreement.
17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier termination
as herein provided, Concessionaire shall remove all of its property from Collindale Golf
Course and surrender entire possession of its rights at Collindale Golf Course to City and
its improvements in accordance with Section 10 above, unless this Agreement is
renewed or replaced.
17.14 City Representative. The City designates the Director of Parks as its representative
who shall make, within the scope of his/her authority, all necessary and proper
decisions with reference to this Agreement. All requests for contract interpretations,
amendments and other clarifications or instructions shall be directed to the City
Representative.
17.15 Notices. Notices permitted or required to be given under this Agreement shall be in
writing and shall be deemed given upon personal delivery or upon deposit in the United
States Mail, certified, return receipt requested, postage fully prepaid, addressed as
follows or to such other address as the parties may designate from time to time by notice
given in accordance with this Section:
To Concessionaire: C.B. & Potts
c/o Ram International
P.O. Box 98768
Lakewood, WA 98496
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To the City: Director of Parks
City of Fort Collins
300 LaPorte Avenue
P.O.Box580
Fort Collins, Colorado 80522-0580
17.16 Schedules and Exhibits. Whenever reference is made in this Agreement to a Schedule or
an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule or
Exhibit shall be deemed attached to and by this reference incorporated in this
Agreement.
17.17 Force Maieure. Neither the City nor the Concessionaire shall be deemed in violation of
this Agreement if prevented from performing any of its obligations hereunder by reason
of strikes, boycotts, labor disputes, and embargoes, shortage of energy or materials, acts
of God, act of public enemy, acts of superior governmental authority, weather conditions,
rights, rebellion, sabotage or any other circumstances that are not within its control.
17.18 No Limitation on General Powers. Nothing in this Agreement shall be construed as in
any way limiting the general powers of the City to fully exercise their governmental
functions or their obligations under any bond covenants or federal, state or local laws,
rules or regulations.
17.19 No Relationship. Nothing contained herein shall be deemed or construed by the parties
or by any third party as creating the relationship of employer and employee, principal and
agent or a partnership or a joint venture between the parties hereto.
17.20 Survival. To the extent necessary to carry out all of the terms and provisions hereof, the
said terms, obligations and rights set forth herein required shall survive and shall not be
affected by the expiration or termination of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year written above.
ATTEST:
City Clerk
TO FORM:
City
Concession Agreement — CBBPotts
Collindale Golf Course
THE CITAOF FORT C�LLINS, COLORADO
A Muni iD Clorooratio
By: / r % r
Gerry Paul
Director of Purchasing and Risk Management
Date: t 1k 2l!' f
COLLINDALE 57, LLC
DBA CB & POTTS
I
Printed: I /> i t✓'J"I' i.
Title: MAy.r.69-y
Date: 12 /i hLj
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EXHIBIT A
CONCESSION SPACE
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EXHIBIT B
City of Fort Collins
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 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 or 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 t
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 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.
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Concessionaire's business under this Agreement. Areas designated as restricted areas
by the City shall be excluded.
3.2 Closures. The City may, at any time, temporarily or permanently, close or consent to or
request the closing of any roadway or any other way at, in, or near the Clubhouse or
Collindale Golf Course, presently or hereafter used as such, so long as a reasonable and
safe means of ingress and egress remains available to Concessionaire.
ARTICLE 4 Undertakings of Concessionaire
4.1 Service. Concessionaire agrees as follows:
4.1.1 The Concessionaire shall fumish and pay for all equipment, except as otherwise
provided by the City pursuant to Article 9, all goods, labor, transportation,
supervision and services necessary to provide food and beverage services in
accordance with this Agreement.
4.1.2 Services provided by the Concessionaire shall include the maintenance of an
adequate stock of food and beverage supplies, condiments, dishes, silverware,
napkin dispensers, salt and pepper shakers, cups and glassware, and any
kitchen utensils, janitorial supplies for the main floor or bar equipment if
necessary to serve the demand for such items at the Collindale Golf Course, as
well as paying for all cable and/or satellite television services in the Clubhouse
except for the Pro Shop.
4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide the
public high quality food and beverages and a high level of public service.
Therefore, Concessionaire agrees to offer for sale from the Concession Space
only good quality food and beverages at fair and competitive pricing, relative to
comparable restaurant facilities in Fort Collins. If, in the reasonable opinion of the
City; the pricing is not comparable, or the selection of items offered is inadequate
or not of good quality, or if any of the items are found to be objectionable for
display and/or sale in a public facility, then the pricing shall change or the items
shall be removed or replaced as reasonably required by the City. The City
Representative shall meet and confer with Concessionaire regarding such
matters. Failure of Concessionaire to correct, rectify or modify its prices or quality
within seven (7) days of advised in writing to do so shall be cause for the City to
declare Concessionaire in default. Notwithstanding the forgoing, if the City and
the Concessionaire cannot agree, after conferring in good faith, upon the
adequacy, quality and/or pricing of any food or beverage item then, in such
event, the parties agree to submit to a mutually agreed upon mediation
procedure.
4.1.4 Concessionaire shall submit to the City for review a list of all items to be sold in
the concession space, and proposed prices for all such items. The
Concessionaire shall submit to the City in writing all subsequent item and price
changes.
4.2 Hours of Operation. Subject to the exception for inclement weather expressed in 4.2.2
below, the Concessionaire will be required to provide daily food and beverage services in
the Concession Space during the months of April, May, June, July, August, and
September; at a minimum, the services shall be available from no later than 6:30 a.m. to
no earlier than beyond sundown during these months.
Concession Agreement — CBBPotts
Collindale Golf Course Page 2 of 28
DocuSign Envelope ID: 3243A9C0-84CF-4B47-9DFE-035A608EBCE4
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 the 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 Report 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, email 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.
Concession Agreement — CB&Potts
Collindale Golf Course Page 20 of 28
DocuSign Envelope ID: 3243A9C484CF-4B47-9DFE-035A6D8EBCE4
EXHIBIT C
BACKGROUND CHECKS FOR POSITIONS OF TRUST
Certain positions to be utilized by Service Provider in providing services to the City under this
Agreement have been designated by the City as "positions of trust." Such positions include, but
are not limited to, jobs where the employee or volunteer regularly works with youths or other
members of the general public, enters private homes or property, or is responsible for
accounting duties or management and control of City property. Service Provider will conduct a
background investigation of persons to provide services to the City in such positions. The
investigation shall include, but is not limited to, checking arrests and/or conviction records,
driving records, credit history, previous employment and volunteer work, and references,
including review of any records or information available to the City as a result of past
employment or contractual relationships the employee has had with the City. The Service
Provider shall make job assignment and responsibility assignments based upon and in
consideration of the background investigation, and shall not permit any person to perform any
position for which such person's character or suitability are reasonably in question based upon
the information obtained in connection with a background investigation. The City may, in its
discretion, object to any assignments of personnel to positions of trust by Service Provider,
based on the background investigation. The City may provide assistance in completing the
background investigation, including providing the completed disclosure form to an outside
vendor for a confidential records check. Service Provider acknowledges that by providing such
assistance the City assumes no responsibility for the timeliness, accuracy or completeness of
the background investigation, or for the direct or indirect consequences resulting from the same,
and Service Provider shall hold the City harmless for any injury or loss resulting therefrom.
Process for Obtaining Background Check Information
The Service Provider shall use the following procedure:
Once an employee or volunteer selection or assignment for work under the Service
Provider Agreement with the City is made, the employee or volunteer shall complete the
background check form attached to the Agreement as Exhibit D, which is titled
"Disclosure to Employee/Volunteer Regarding Procurement of a Consumer Report
(Including Criminal History Report and Employment History Review)." The purpose of
this form is to provide the necessary information about an applicant and permission to
review confidential information, so that the Service Provider can complete a thorough
background check.
2. If the Service Provider anticipates that the employee or volunteer will operate any
vehicles or City equipment in providing services to the City, a driving record check shall
be conducted in addition to a criminal check. The driving record check will be completed
at the same time as the background check.
Concession Agreement — CB&Potts
Collindale Golf Course Page 21 of 28
DocuSign Envelope ID: 3243A9C0-84CF-4B47-9DFE-035A6D8EBCE4
EXHIBIT D
DISCLOSURE TO EMPLOYEENOLUNTEER
REGARDING PROCUREMENT OF A CONSUMER REPORT
(INCLUDING CRIMINAL HISTORY REPORT AND EMPLOYMENT HISTORY REVIEW)
In connection with your employment/volunteer status in connection with sensitive contractual
services being provided by your employer, C.B. Potts, to the City of Fort Collins, your employer may
procure a consumer report/criminal history on you as part of the process of considering your role as
an employee/volunteer, and may obtain information from and share the resulting information with the
City of Fort Collins for that purpose. The investigation conducted in conjunction with the report may
include an investigation of your personal employment/volunteer history, education, financial and
credit records, public records concerning your driving record, civil and criminal court records, county,
state and federal tax liens, notices of default and bankruptcies, and other records as may be
appropriate. In the event that information from the report is utilized in whole or in part in making an
adverse decision, effort will be made to provide you with a copy of the consumer report/criminal
history and a description in writing of your rights under the federal Fair Credit Reporting Act. The
Fair Credit Reporting Act gives you specific rights in dealing with consumer reporting agencies. A
copy of A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is
attached to this document.
By your signature below, you hereby authorize C.B. Potts and/or the City of Fort Collins to obtain a
consumer report and/or an investigative report about you in order to consider you for
employment/volunteer status, including any records related to previous employment or contractual
relationships you have had with the City of Fort Collins.
Applicant's Name (Please Print):
Date of Birth:
Applicant's Address:
Social Security
City/State/Zip:
Signature:
Signature of Parent or Guardian (if applicant is under age 18):
Other Names Used in the Last Seven (7) Years:
Previous Out -of -State Address(es) in the Past Seven (7) Years:
1.
Address
Address
City County State Zip
City County
State
Please list any additional addresses on the back of this page.
Zip
Give this disclosure with a copy of the following "A Summary of Rights Under the Fair Credit
Reporting Act" document to applicant. Retain a copy of the release for your records, and provide a
copy of the release to the City of Fort Collins.
Concession Agreement — CBSPotts
Collindale Golf Course Page 22 of 28
DocuSign Envelope ID: 3243A9C0-84CF-4B47-9DFE-035A6D8ESCE4
EXHIBIT E
A Summary of Your Rights
Under the Fair Credit Reporting Act
The Federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and
privacy of information in the files of every "consumer reporting agency" (CRA). Most CRAB are
credit bureaus that gather and sell information about you — such as if you pay your bills on time
or have filed bankruptcy -- to creditors, employers, landlords, and other businesses. You can
find the complete text of the FCRA, 15 U.S.C. 1681-1681u, at the Federal Trade Commission's
web site (http://www.ftc.gov). The FCRA gives you specific rights, as outlined below. You may
have additional rights under state law. You may contact a state or local consumer protection
agency or a state attorney general to learn those rights.
You must be told if information in your file has been used against you. Anyone who uses
information from a CRA to take action against you -- such as denying an application for credit,
insurance, or employment — must tell you, and give you the name, address, and phone number
of the CRA that provided the consumer report.
You can find out what is in your file. At your request, a CRA must give you the information in
your file, and a list of everyone who has requested it recently. There is no charge for the report if
a person has taken action against you because of information supplied by the CRA, if you
request the report within 60 days of receiving notice of the action. You also are entitled to one
free report every twelve months upon request if you certify that (1) you are unemployed and
plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate
due to fraud. Otherwise, a CRA may charge you up to eight dollars.
You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains
inaccurate information, the CRA must investigate the items (usually within 30 days) by
presenting to its information source all relevant evidence you submit, unless your dispute is
frivolous. The source must review your evidence and report its findings to the CRA. (The source
also must advise national CRAB -- to which it has provided the data -- of any error.) The CRA
must give you a written report of the investigation and a copy of your report if the investigation
results in any change. If the CRA's investigation does not resolve the dispute, you may add a
brief statement to your file. The CRA must normally include a summary of your statement in
future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who
has recently received your report be notified of the change.
Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate
or unverified information from its files, usually within 30 days after you dispute it. However, the
CRA is not required to remove accurate data from your file unless it is outdated (as described
below) or cannot be verified. If your dispute results in any change to your report, the CRA
cannot reinsert into your file a disputed item unless the information source verifies its accuracy
and completeness. In addition, the CRA must give you a written notice telling you it has
reinserted the item. The notice must include the name, address and phone number of the
information source.
You can dispute inaccurate items with the source of the information. If you tell anyone -- such as
a creditor who reports to a CRA -- that you dispute an item, they may not then report the
information to a CRA without including a notice of your dispute. In addition, once you've notified
the source of the error in writing, it may not continue to report the information if it is, in fact, an
error.
Concession Agreement — CB&Potts
Collindale Golf Course Page 23 of 28
DocuSign Envelope ID: 3243A9CP84CF-4B47-9DFE-035A6D8EBCE4
Outdated information may not be reported. In most cases, a CRA may not report negative
information that is more than seven years old; ten years for bankruptcies.
Access to your file is limited. A CRA may provide information about you only to people with a
need recognized by the FCRA — usually to consider an application with a creditor, insurer,
employer, landlord, or other business.
Your consent is required for reports that are provided to employers, or reports that contain
medical information. A CRA may not give out information about you to your employer, or
prospective employer, without your written consent. A CRA may not report medical information
about you to creditors, insurers, or employers without your permission.
You may choose to exclude your name from CRA lists for unsolicited credit and insurance
offers. Creditors and insurers may use file information as the basis for sending you unsolicited
offers of credit or insurance. Such offers must include a toll -free phone number for you to call if
you want your name and address removed from future lists. If you call, you must be kept off the
lists for two years. If you request, complete, and return the CRA form provided for this purpose,
you must be taken off the lists indefinitely.
You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA
data, violates the FCRA, you may sue them in state or federal court.
The FCRA gives several different federal agencies authority to enforce the FCRA:
FOR QUESTIONS OR CONCERNS REGARDING FAIR CREDIT REPORTING CONTACT:
CRAB, creditors and others not listed below
Federal Trade Commission
Consumer Response Center - FCRA
Washington, DC 20580 (202) 326-3761
National banks, federal branches/agencies
of foreign banks (word "National" or initials
"N.A." appear in or after bank's name)
Office of the Comptroller of the Currency
Compliance Management, Mail Stop 6-6
Washington, DC 20219 (800) 613-6743
Federal Reserve System member banks
(except national banks, and federal
branches/agencies of foreign banks)
Federal Reserve Board
Division of Consumer & Community Affairs
Washington, DC 20551 (202) 452-3693
Federal credit unions (words "Federal Credit
Union" appear in institution's name)
National Credit Union Administration
1775 Duke Street
Alexandria, VA 22314 (703) 518-6360
State -chartered banks that are not members
of the Federal Reserve System
Federal Deposit Insurance Corporation
Division of Compliance & Consumer Affairs
Washington, DC 20429 (800) 934-FDIC
Air, surface, or rail common carriers regulated by
former Civil Aeronautics Board or Interstate
Commerce Commission
Department of Transportation
Office of Financial Management
Washington, DC 20590 (202) 366-1306
Savings associations and federally chartered Activities subject to the Packers and
savings banks (word "Federal" or initials "F.S.B." Stockyards Act, 1921
appear in federal institution's name) Department of Agriculture
Office of Thrift Supervision Consumer Programs Office of Deputy Administrator - GIPSA
Washington, DC 20552 (800) 842-6929 Washington, DC 20250 (202) 720-705
Concession Agreement — CB&Potts
Collindale Golf Course
Page 24 of 28
DocuSign Envelope ID: 3243A9Ca84CF-4B47-9DFE-035A6D8EBCE4
EXHIBIT F
EQUIPMENT OWNERSHIP
COLLINDALE RESTAURANT/SNACK BAR EQUIPMENT
Underbars equipment from left to right:
• 90 degree comer section
• 12" hand -sink section
• 84" 3-compartment glass washing sink section
• 42" flat glass storage/staging section
• 36" ice bin/cocktail section
• 18" blender and dump sink section
• 18" flat top glass storage unit
2. Bar front & back millwork and cooler face.
3. Step-in bar cooler with double 36" hinged glass doors & bar drainer
(beer tap system and drain owned by Concessionaire)
4. Pass window shelf/ledge
5. Work top with storage above/below.
6. Storage cabinet (s/s top by KEC, base by GC)
7. Storage cabinet (s/s top by KEC, base by GC)
8. Hand sink
9. Linen drop
10. Spare number
11. Ice maker & soda system (Owned by Concessionaire)
12. Storage cabinets (s/s top by KEC-base by GC)
13. Spare number
14. Ice machine new, purchased by CB Potts
15. China/utensil storage rack
16. Soiled dish landing table
17. Waste disposal with spray rinse
18. Condensate hood
19. Clean dish table
20. 3-compartment utensil wash sinks
21. Hand sink
22. Spare number
23. Pass -through salad & dessert refrigerator
24. Mega -refrigerated condiment table
25. Double overhead pass -over shelves
26. Utility chase from serving line to ceiling
27. Chef's plate landing table
28. Wait staff tray shelf & dish storage below
29. 3-opening water bath "Bain Mane' hot food table
30. Hot food lamp (One (1) hot lamp owned by Concessionaire)
31. Under -counter refrigerator drawer unit
32. Pantry shelving units
33. Exhaust hood, s/s wall panel & fire suppression
34. 1 fryer replaced by CB Potts
35. Char grill with open base
36. Flat top grill with over base
37. 4-open burner top range with oven
38. Convection oven
Concession Agreement - CB&Potts
Collindale Golf Course Page 25 of 28
DocuSign Envelope ID: 3243A9CO84CF-4B47-9DFE-035A6D8EBCE4
39. Exhaust hood & fire suppression
40. Food mixer on stand w/tree
41. Worktable
42. Hand sink
43. 2-compartment vegetable prep sinks
44. Food slicer
45. Work table
46. Freezer shelving
47. Cooler shelving (One (1) owned by Concessionaire)
48. Walk-in cooler & freezer
49. Dry storage shelving (One (1) owned by Concessionaire)
50. Lavatory storage closet — no fixtures
51. Mop sink
52. Chemical storage shelving
53. Pass -through "Turn" window sill (slider by GC)
54. "Turn" window work table
55. Work table
56. Reach -in refrigerator
57. Work table
58. Hand sink
59. Cook-n-hold hot food unit
60. Spare number
61. Spare number
62. Deliver, set, assemble, start & calibrate
63. All tables, chairs, and furniture (All booths owned by Concessionaire)
64. Video Surveillance System
65. Patio Furniture and umbrellas purchased by CB Potts
Concession Agreement — CB&Potts
Collindale Golf Course Page 26 of 28
DocuSign Envelope ID: 3243A9C0-84CF-41347-9DFE-035A6D8EBCE4
EXHIBIT G
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of Fort
Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
Concession Agreement — CB&Potts
Collindale Golf Course Page 27 of 28
DocuSign Envelope ID: 3243A9C0.84CF-4B47-9DFE-035A6DSEBCE4
EXHIBIT H
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.
Concession Agreement — CS&Potts
Collindale Golf Course Page 28 of 28
A� o®. CERTIFICATE OF LIABILITY INSURANCE
1ti TE[NUU DITYYY)
/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. -
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. N SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER
Arthur J. Gallagher Risk Management Services, Inc.
P.O. Box 2925
Tacoma WA98401-2925
CONTACT JoLews
PHONE , 206-607-0954 FAx . 253-572-1430
DURESS' jOyieW'S@Eig.COM
INSURER$ AFFORDING COVERAGE
NAICe
INSURERA:Contlnental Western Insurance Coma
10804
INSURED
INSURERB:Arch Insurance Company
11150
Ram International 1 LLC
Attention: Tim Bunch
INSURER C:
PO BOX 98768
INSURER O:
RSURERE:
Lakewood WA 98496
WSURERF:
COVERAGES CERTIFICATE NUMBER: 1402193279 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE
NSO
WAD
POLICY NUMBER
POLICYEFF
MM/DD
POLICYEXP
MMIDDIfffri
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CWP297241023
/1/2014
12015
EACH OCCURRENCE
$1,000,000
CLAIMS -MADE �X OCCUR
PREMISES oaunence
$100,000
X
MED EXP (Airy we person)
E70,000
$5.000 PD Ded.
PERSONAL &AOV INJURY
$1,000,000
GENLAGGREGATELIMITAPPLIES
PER:
POLICY JECT LOC
GENERALAGGREGATE
$2,000,000
PRODUCTS-COMP/OP AGO
$2.000,000
$
OTHER:
A
AUTOMOBILE
LIABILITY
CWP297241023
11/2014
5/12015
1
(Ea accident
$ 1,000,000
x
BODILY INJURY (Per person)
$
ANY AUTO
AUTOWNED x AFITOSULED
BODILY INJURY (Per eodder4)
$
)(
HIREDAUTOS x NON -OWNED
AUTOS
G
Par accident
$
It
UMBRELLA LWB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
It
E%CESS LIAR
CLAIMS-&1AOE
DED
I I RETENTION$
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED?
N/A
ZAWC16500500
/1/2014
112015
x PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
$1,000.000
E.L. DISEASE - EA EMPLOYE
$1,000,000
(Mandatory In NH)
If yyes, dasaibe under
DESCRIPTION OF OPERATIONS batrx
-2
E.L. DISEASE -POLICY LIMIT
$1,000,000
A
Liquor Liability
Employers Liab - Stop Gap
CVVP297241023
WP297241023 (WC Stop Gap)
12014
12014
12
015
12015
Each common muse 1,0000
0,0
Aggregate 2,000,000
Per Occ 1,000,000
DESCRIPTION OF OPERATLONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be atlas .d If man space la required)
Re: Collindale Golf Course - Restaurant/Snack Bar/Concession Agreement
Named Insured includes: Collindale 57 LLC d/b/a CB & Potts
The City of Fort Collins, Colorado
300 LaPorte Avenue
Fort Collins CO 80521 USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
CORPORATION. All rights
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 3243A9C0-84CF-4B47-9DFE-035A608EBCE4
4.2.1 The parties agree that the hours of operation during the months of November,
December, January, February, and March shall be from no later than 10:00 a.m.
to no earlier than 5:00 p.m. daily, at a minimum. However, the Concessionaire
shall not be required to operate the concession when the Golf Course is closed
due to bad weather or other reason as approved by the City.
4.2.2 Throughout the year, Concessionaire may, in its own discretion, close the
concession during inclement weather, or provide less than a full -service operation
pending customer demand during specified times, unless the closure or service
level is objected to by the City.
4.3 Special Events Option. Concessionaire shall have the first option, upon request by the
City or the Collindale Golf Professional, but shall not be obligated, to provide luncheons
or other meals for special occasions, including but not limited to association meetings
and tournaments. In the event such a request is made and Concessionaire elects not to
provide such services, the City or the Collindale Golf Professional may provide food and
non-alcoholic beverage services through other means. Such services shall not make
use of the Concession Space, unless approved by Concessionaire.
4.4 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor of
its agents and employees. If the City so requests, Concessionaire agrees to supply and
require its employees to wear suitable attire and to wear or carry badges or other suitable
means of identification, the form of which shall be subject to prior and continuing
approval of the City. Nothing in this Section 4.4, Exhibit B attached hereto, or any other
provision of this Agreement as it concerns Concessionaire's obligation to control the
conduct and demeanor of its employees and agents is intended by the parties to benefit
any third party, including without limitation, any member the public. The Concessionaire
shall have such liability to third parties as may be ascribed to them by law (if any), and
nothing in this Agreement shall be construed or interpreted to alter, modify or expand
such liability.
4.4.1 The Concessionaire agrees to provide to the City at all times a current list of
employees, volunteers, and other representatives or agents of Concessionaire
that will be working on behalf of Concessionaire in providing services to the City
under this Agreement. The Concessionaire and the City acknowledge and agree
that certain services provided by Concessionaire will require employees,
volunteers, and other representatives or agents of Concessionaire act in positions
of trust which will entail the handling of and accounting for funds of the City and
City property, or direct contact with youth and other members of the general
public. Accordingly, Concessionaire agrees that all employees, volunteers, and
other representatives or agents of the Concessionaire in positions of trust, as
described in Exhibit B, consisting of two (2) pages and incorporated herein by this
reference, shall be screened using the background screening procedure
described on Exhibit C, at Concessionaires expense, and that the results of such
background screening shall be provided to the City prior to any such persons
participation in the provision of services hereunder. The Concessionaire shall
require the completion and execution of the Disclosure/Request, Authorization,
and Waiver form attached hereto as Exhibit D, consisting of one (1) page and
incorporated herein by this reference. Concessionaire shall also provide to their
employees/volunteers a copy of the Summary of Rights under the Fair Credit
Reporting Act attached hereto as Exhibit E, consisting of two (2) pages and
incorporated herein by this reference.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY PLATINUM ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. MEDICAL PAYMENTS
If SECTION I — COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage
Part:
1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS
OF INSURANCE, shall be the greater of:
a. $10,000; or
to. The Medical Expense Limit shown in the Declarations of this Coverage Part.
B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES
YOU RENT
If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy,
the following'applies:
1. The last paragraph of SECTION I — COVERAGE A.2. Exclusions is deleted and replaced by the
following:
Exclusions c. throughn. do not apply to damage by fire, lightning, explosion, smoke or sprinkler
leakage to premises while rented to your or temporarily occupied by you with permission of the
owner. A separate limit of insurance applies to this coverage as described in SECTION III —
LIMITS OF INSURANCE.
2. Paragraph S. of SECTION III —LIMITS OF INSURANCE is deleted and replaced by the following:
6. Subject to Paragraph 5. above, the greater of:
a. $300,000; or
b. the Damage To Premises Rented To You Limit shown in the Declarations,
is the most we will pay under COVERAGE A for damages because of "property damage"
to any one premises, while rented to you or temporarily occupied by you with the
permission of the owner.
3. Paragraph 4.b.(1)(a)(ii) Other Insurance of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS is deleted and replaced by the following:
(it) That is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for
premises rented to you or temporarily occupied by you with the permission of the
owner;
4. Paragraph 9.a. of SECTION V —DEFINITIONS is deleted and replaced by the following:
a. A contract for a lease of premises. However, that portion of the contract for a lease of
premises that indemnities any person or organization for damage by fire, lightning, explosion,
smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you
with permission of the owner is not an "insured contract";
C. LIMITED NON -OWNED WATERCRAFT
1. Paragraph g.(2) of SECTION I — COVERAGE A.2. Exclusions is deleted and replaced by the
following:
A watercraft you do not own that is:
a. Less than 51 feet long; and
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b. Not used to carry persons or property for a charge.
D. SUPPLEMENTARY PAYMENTS
SECTION 1— SUPPLEMENTARY PAYMENTS —COVERAGES A AND B is amended as follows:
1. The limit of insurance in paragraph 1.b. is increased from $250 to $2,500; and
2. The limit of insurance in paragraph 1.d. is increased from $250 to $500.
E. AUTOMATIC ADDITIONAL INSURED — SPECIFIED RELATIONSHIPS — PRIMARY
NON-CONTRIBUTORY
The following is added to Paragraph 2. of SECTION II - WHO IS AN INSURED:
e. Any person or organization described below, when you are obligated by virtue of a written
contract or agreement that such person be added as an additional insured on your policy.
When required by virtue of a written contract or agreement, coverage provided to any
additional insured will be on a primary basis and will not seek contribution from the additional
insured's policy.
Only the following persons or organizations are additional insureds under this endorsement:
(1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you,
but only with respect to liability arising from the ownership, maintenance or use of that
part of the premises leased to you and subject to the following additional exclusions:
This insurance does not apply to:
(a) Any "occurrence" which takes place after you cease to be a tenant of that premises.
(b) Structural alterations, new construction or demolition operations performed by or on
behalf of the manager or lessor.
(2) Lessor Of Leased Equipment. Any person or organization from whom you lease
equipment, but only with respect to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or in part, by your maintenance,
operation or use of equipment leased to you by such person(s) or organization(s).
However, this insurance does not apply to any "occurrence" which takes place after the
equipment lease expires.
(3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property
damage" arising out of "your products" shown in the Schedule which are distributed or
sold in the regular course of the vendor's business, subject to the following additional
exclusions:
a. The insurance afforded the vendor does not apply to:
1. "Bodily injury" or "property damage" for which the vendor is obligated to pay
damages by reason of the assumption of liability in a contract or agreement. This
exclusion does not apply to liability for damages that the vendor would have in
the absence of the contract or agreement;
2. Any express warranty unauthorized by you;
3. Any physical or chemical change in the product made intentionally by the vendor
4. Repackaging, unless unpacked solely for the purpose of inspection,
demonstration, testing, or the substitution of parts under instructions from the
manufacturer, and then repackaged in the original container,
5. Any failure to make such inspections, adjustments, tests or servicing as the
vendor has agreed to make or normally undertakes to make in the usual course
of business, in connection with the distribution or sale of the products,
6. Demonstration, installation, servicing or repair operations, except such
operations performed at the vendor's premises in connection with the sale of the
product;
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7. Products which, after distribution or sale by you, have been labeled or relabeled
or used as a container, part or ingredient of any other thing or substance by or for
the vendor.
b. This insurance does not apply to any insured person or organization, from whom you
have acquired such products, or any ingredient, part or .container, entering into,
accompanying or containing such products.
(4) State Or Political Subdivision — Permits Or Authorizations Relating To Premises.
Any state or political subdivision, subject to the following additional provision:
This insurance applies only with respect to the following hazards for which the state or
political subdivision has issued a permit in connection with premises you own, rent, or
control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes,
marquees, hoist away openings, sidewalk vaults, street banners, or decorations and
similar exposures; or
(b) The construction, erection, or removal of elevators, or
(c) The ownership, maintenance, or use of any elevators covered by this insurance.
Limits of insurance for such additional insured are the limits in this coverage form or the limits you
and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These
limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations.
When required by virtue of a written contract or agreement, coverage provided to any additional
insured AUTOMATIC ADDITIONAL INSURED — SPECIFIED RELATIONSHIPS — PRIMARY
NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional
insured's policy.
F. BROADENED NAMED INSURED —NEWLY ACQUIRED 180 DAYS
Paragraph 3. of SECTION II -WHO IS AN INSURED is deleted and replaced by the following:
Any organization you newly acquire or form, other than a joint venture, and over which you maintain
ownership or majority interest of more than 50% will be a Named Insured if there is no other similar
insurance available to that organization. However:
a. Coverage under this provision is afforded only until the 180th day after you acquire or form
the organization or the end of the policy period, whichever is earlier.
b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before
you acquired or formed the organization.
c. COVERAGE B does not apply to "personal and advertising injury' arising out of an offense
committed before you acquired or formed the organization.
G. AGGREGATE LIMITS OF INSURANCE
The General Aggregate Limit under SECTION III — LIMITS OF INSURANCE applies separately to
each of your:
1. Projects away from premises owned by or rented to you.
2. "Locations" owned by or rented to you.
"Location" means premises involving the same or connecting lots, or premises whose connection
is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
H. KNOWLEDGE OF OCCURRENCE
The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:
e. A report of an "occurrence", offense, claim or "suit" to:
(1) You, if you are an individual,
(2) A partner, if you are a partnership,
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(3) An executive officer, if you are a corporation, or
(4) A manager, if you are a limited liability company;
is considered knowledge and requires you to notify us of the "occurrence", offense, claim,
or "suit" as soon as practicable.
f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to
your Workers' Compensation insurer for an event which later develops into an "occurrence",
offense, claim or "suit" for which there is coverage under this policy. However, we will only be
considered on notice if you notify us as soon as you know the claim should be addressed by
this policy rather than your Workers' Compensation policy.
I. UNINTENTIONAL OMISSIONS
The following is added to paragraph S. Representations of SECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS:
d. If you unintentionally fail to disclose any exposures existing at the inception date of your
policy, we will not deny coverage under this Coverage Part solely because of such failure to
disclose. However, this provision does not affect our right to collect additional premium or
exercise our right of cancellation or non -renewal.
This provision does not apply to any known injury or damage which is excluded under any
other provision of this policy.
J. MENTAL ANGUISH
Paragraph 3. of SECTION V — DEFINITIONS is deleted and replaced by the following:
3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental
anguish or death resulting from any of these at any time.
K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
Paragraph 6. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following:
We waive any right of recovery we may have because of payments we make for "bodily injury" or
"property damage" arising out of your ongoing operations or "your work" done under a contract
requiring such waiver with that person or organization and included in the "products -completed
operations hazard".
However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage
for which we make payment under this Coverage Part. The insured must do nothing after a loss to
impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us
enforce those rights-
L. OTHER INSURANCE
When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or
limit of insurance in the policy applies to loss or damage insured by this coverage.
M. NON -EMPLOYMENT DISCRIMINATION LIABILITY (DEFENSE WITHIN LIMITS)
The following is added to paragraph 14. "Personal and advertising injury" SECTION V —
DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM-
h. Non -employment discrimination.
Non -employment discrimination means violation of a person's civil rights with respect to such
person's race, color, national origin, religion, gender, marital status, age, sexual orientation or
preference, physical or mental condition, or any other protected class or characteristic established by
any federal, state or local statutes, rules or regulations. Non -employment discrimination does not
include violation of civil rights arising out of past, present or prospective employment.
Our obligation under the Personal and Advertising Injury Liability Coverage to pay non -
employment discrimination liability damages on your behalf applies only to the amount of damages in
excess of $5,000 deductible as the result of any one offense regardless of the number of persons or
organizations who sustain damages because of the offense.
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The most we will pay for all damages for non -employment discrimination is $16,000 annual
aggregate. No other liability to pay sums or perform acts or services is covered.
Supplemental Payments — Coverages A and B do not apply to non -employment discrimination
coverage,
N. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS OR OTHERS —AUTOMATIC,
INCLUDING PRIMARY NON-CONTRIBUTORY
1. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person
or organization for whom you are performing operations when you are obligated by virtue of a
written contract or agreement that such person or organization be added as an additional insured
on your policy, but only with respect to "bodily injury', "property damage" or "personal and
advertising injury" is caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured.
This insurance does not apply to "bodily injury', "property damage", "personal and advertising
injury' included within the "products -completed operations hazard".
This insurance does not apply to any additional insured scheduled on your policy by separate
endorsement
2. Limits of Insurance
Limits of insurance for such additional insured are the limits in this coverage form or the limits you
and such additional insured agreed to by virtue of a contract or agreement, whichever is less.
These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the
Declarations.
3. Exclusions
A. With respect to the insurance afforded to these additional insureds, the following additional
exclusions apply to "bodily injury', "property damage" or "personal and advertising injury"
arising out of:
1. The rendering of or failure to render any professional services by you or on your behalf,
but only with respect to either or both of the following operations:
a. Providing engineering, architectural or surveying services to others in your capacity
as an engineer, architect or surveyor; and
b. Providing, or hiring independent professionals to provide, engineering, architectural
or surveying services in connection with construction work you perform.
2. Subject to Paragraph 3. below, professional services include:
a. Preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders, or drawings and
specifications; and
b. Supervisory or inspection activities performed as part of any related architectural or
engineering activities.
3. Professional services do not include services within construction means, methods,
techniques, sequences and procedures employed by you or performed by or for the
construction manager, its employees or its subcontractors in connection with your
ongoing operations.
B. "Bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work,
on the project (other than service, maintenance or repairs) to be performed by or on
behalf of the additional insured(s) at the location of the covered operations has been
completed; or
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2. That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as a part of the same
project.
4. Primary Non -Contributory
When required by virtue of a written contract or agreement, coverage provided to any additional
insured by ADDITIONAL INSURED — OWNERS, LESSEES, CONTRACTORS OR OTHERS —
ONGOING OPERATIONS — AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be
on a primary basis and will not seek contribution from the additional insured's policy.
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4.4.2 The City may provide assistance in completing the background investigation,
including providing information from the completed disclosure form to an outside
vendor for a confidential records check. Concessionaire acknowledges that in
such event, by providing such assistance to Concessionaire, the City assumes no
responsibility for the timeliness, accuracy or completeness of the background
investigation, or for the direct or indirect consequences resulting from the same,
and Concessionaire shall hold the City harmless for any injury or loss resulting
there from.
4.4.3 In the event that a background check, or any other information available to the
Concessionaire or the City, raises questions about the trustworthiness, fitness for
provision of services under this Agreement, competence or suitability of any
individual for a position of trust of any kind, including handling of funds, City
equipment or property, or working with youths or other members of the general
public, such individual shall not be employed or allowed to volunteer in
connection with the services or activities required or permitted under this
Agreement, or in a manner that would permit contact by that person with the
funds, equipment, property associated with the provision of services hereunder,
or persons participating in programs or services provided under this Agreement.
4.4.4 Upon receipt of written notice from the City of any reasonable objection from the
City concerning trustworthiness, fitness for provision of services under this
Agreement, competence or suitability of any individual for a position of trust of
any kind, or concerning conduct, demeanor or competence of any employee or
volunteer of Concessionaire, the Concessionaire shall immediately take all lawful
steps to remove or otherwise address to the City's reasonable satisfaction the
cause of the objection or to remove such individual from the performance of any
services provided hereunder.
4.4.5 The following constitute unacceptable personal conduct that the parties
acknowledge and agree shall be subject to reasonable objection by the City. The
parties acknowledge that other conduct not listed in this Section may be
determined by the City to be reasonably expected, and may also give rise to a
reasonable objection by the City to which Concessionaire shall be expected to
respond as set forth herein. In the event that Concessionaire, or any employee,
agent, or volunteer of Concessionaire's commits any of the following examples of
unacceptable conduct, or fails or refuses to take reasonable action to correct
such conduct the City may give Concessionaire notice of violation and proceed in
the manner as set forth in Section 16.
A. Commission or conviction of a felony, or of any crime involving moral
turpitude;
B. Theft or misuse of City money or property;
C. Harassment of, or discrimination against, any individual based on race,
religion, national origin, age, sex, sexual orientation or disability, and such
harassment or discrimination is not addressed to the City's reasonable
satisfaction in a timely manner;
D. Falsification, unauthorized use or destruction of City records, reports or other
data or information belonging to the City;
E. Abusive or threatening treatment of any person, including, but not limited to
physical or verbal confrontation;
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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.
4.5 Statements. Recordkeeoing and Audits. Concessionaire shall keep books and records
of the business, including an accounting of all revenue and expenses of the concession
operation, in accordance with good accounting practice and in such form as is
satisfactory to the City. The Concessionaire hereby grants to the City the right to audit
Concessionaire's books and records for its operation at Collindale Golf Course and
agrees to make available to the City, or its authorized representative, with 72 hours prior
notice, Monday through Friday inclusive, between the hours of 9:00 a.m. and 5:00 p.m.,
at the offices of the City or Collindale Golf Course, at the City's election, all records,
books and relevant related information as may be required for audit purposes.
4.6 Physical Interference. Concessionaire shall not do, nor permit to be done, anything
which may interfere with the effectiveness or accessibility of the drainage system,
sewerage system, fire protection system, sprinkler system, alarm system and fire
hydrants and hoses, if any, installed or located in the Clubhouse or elsewhere at
Collindale Golf Course.
4.7 Taxes. Concessionaire agrees to pay all local, state and federal social security,
unemployment insurance, sales, use, personal property, possessory interest, and other
taxes, assessments and payments -in -lieu that, during the term of this Agreement or any
extension hereof, may become a lien of which may be levied or charged by the State,
County, City of Fort Collins or other tax -levying body upon or with respect to the
Concession Space or Collindale Golf Course, upon any taxable interest acquired by the
Concessionaire in this Agreement, or any taxable possessory right which Concessionaire
may have in or to the Concession Space or facilities or the improvements thereon, by
reason of Concessionaire's occupancy or use thereof, or otherwise, as well as all taxes
on taxable property, real or personal, owned by Concessionaire or taxes on
Concessionaire's operations or activities in or about the Concession Space, Clubhouse,
or elsewhere at Collindale Golf Course. However, except as otherwise permitted by this
Agreement, no charges, fees or taxes of any nature shall be imposed by the City solely
upon Concessionaire for exercising any right or privilege granted by the City to
Concessionaire in this Agreement with respect to the use of the Concession Space and
Clubhouse. Nothing herein shall prevent Concessionaire from protesting, through due
process, any taxes levied.
4.8 Licenses. Concessionaire agrees to obtain, maintain, and pay for all licenses necessary
in connection with its operation, including but not limited to, a County Health Department
Food Services Establishment inspection, a Hotel -Restaurant with Optional Premises
Liquor License, and a City business license and/or occupation license. The parties agree
that Concessionaire's failure to obtain a liquor license or other required license within
ninety (90) days of execution of this Agreement will result in the immediate termination
of this Agreement. Concessionaire must maintain any license necessary for its
operations pursuant to this Agreement and any failure to do so will constitute a default of
this Agreement.
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4.8.1 Any such licenses held by the Concessionaire in connection with this Agreement
shall be surrendered by the Concessionaire upon termination of this Agreement.
4.8.2 Upon Concessionaire's surrender of all licenses and acquisition of new licenses
by such replacement concessionaire as the City may select, the City shall
reimburse Concessionaire for such proportional amount of the cost of the license
as may be attributable to any remaining period which may exist from the date of
Concessionaire's surrender to license expiration.
4.8.3 For the purpose of the Hotel -Restaurant with Optional Premises Liquor License,
the "premises" shall be defined to include the Collindale Clubhouse building and
adjacent outdoor Patio, and the entire grounds of Collindale Golf Course.
4.9 Vending Machines/Beverage Carts. This Agreement does not contemplate
Concessionaire's use of vending machines to supply food, beverages or incidental items
during the April through September golf season. Any installation or use of vending
machines is subject to the prior written consent of the City Representative.
4.9.1 Concessionaire shall be required to provide and operate a minimum of two (2)
beverage/food carts in order to provide food and beverage services on the
grounds of the golf course from April through September when a sufficient
number of customers, as determined by the City, are golfing. City -owned or
leased golf cart or maintenance vehicles shall not be used for this purpose unless
approved by the City.
4.10 Marketing. Concessionaire shall cooperate with and be responsive to the City's
Marketing staff regarding marketing efforts associated with the Collindale Golf Course.
ARTICLE 5 Employing Illegal Aliens
5.1 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Concessionaire represents and agrees that:
5.1.1 As of the date of this Agreement:
1. Concessionaire does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Concessionaire will participate in either the e-Verify Program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, administered by the United States
Department of Homeland Security (the "e-Verify Program") or the Department
Program (the "Department Program"), an employment verification program
established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm
the employment eligibility of all newly hired employees to perform work under
this Agreement.
5.1.2 Concessionaire shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform
work under this Agreement.
5.1.3 Concessionaire is prohibited from using thee -Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants
while this Agreement is being performed.
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5.1.4 If Concessionaire obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Concessionaire shall:
1. Notify such subcontractor and the City within three days that Concessionaire
has actual knowledge that the subcontractor is employing or contracting with
an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does
not cease employing or contracting with the illegal alien; except that
Concessionaire shall not terminate the contract with the subcontractor if
during such three days the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an
illegal alien.
5.1.5 Concessionaire shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of
an investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
5.1.6 If Concessionaire violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Concessionaire shall be liable for
actual and consequential damages to the City arising out of Concessionaire's
violation of Subsection 8-17.5-102, C.R.S.
5.1.7 The City will notify the Office of the Secretary of State if Concessionaire violates
this provision of this Agreement and the City terminates the Agreement for such
breach.
ARTICLE 6 Term
6.1 Period. The term of this Agreement shall commence January 1, 2015 or on the date this
Agreement is executed by the parties and, unless terminated sooner, shall expire on
December 31, 2015.
6.2 Renewal — 2016. This Agreement shall be automatically renewed for a period from
January 1, 2016, until December 31, 2016, unless the Concessionaire is in default
beyond any applicable cure period or unless one party serves written notice to the other
party of its intention to terminate the Agreement, provided such written notice must be
served at least ninety (90) days prior to December 31, 2015.
6.3 Renewal — 2017. This Agreement shall be automatically renewed for a period from
January 1, 2017, until December 31, 2017, unless the Concessionaire is in default
beyond any applicable cure period or unless one party serves written notice to the
other party of its intention to terminate the Agreement, provided such written notice
must be served at least ninety (90) days prior to December 31, 2016.
6.4 Renewal — 2018. This Agreement shall be automatically renewed for a period from
January 1, 2018, until December 31, 2018, unless the Concessionaire is in default
beyond any applicable cure period or unless one party serves written notice to the
other party of its intention to terminate the Agreement, provided such written notice
must be served at least ninety (90) days prior to December 31, 2017.
Concession Agreement — CBBPotts
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DocuSign Envelope ID: 3243A9C0-64CF-4B47-9DFE-035A6D8EBCE4
6.5 Renewal-- 2019. This Agreement shall be automatically renewed for a period from
January 1, 2019, until December 31, 2019, unless the Concessionaire is in default
beyond any applicable cure period or unless one party serves written notice to the other
party of its intention to terminate the Agreement, provided such written notice must be
served at least ninety (90) days prior to December 31, 2018.
6.6 Holding Over. In the event that the Concessionaire, or its successor in interest, if any,
shall remain beyond the term set forth herein, although no right to remain is given by
this Article, it is the intention of the parties and it is hereby agreed that a right of use
from month -to- month shall then arise subject to all provisions and conditions of this
Agreement in connection with such right, except that the City shall have the right, acting
reasonably, to determine reasonable fees for any holdover period; provided, however,
such fees shall not increase by more than ten percent (10%).
ARTICLE 7 Fee For Conducting Business
7.1 Concession Fee. For the privilege of conducting the concession operations hereunder,
and the exclusive use of the Concession Space, the Concessionaire shall pay to the City
7.5% of Gross Sales, where Gross Sales are all taxable sales as reported on the City of
Fort Collins monthly sales tax return, as the Concession Fee. The 7.5% Concession
Fee shall become effective January 1, 2015.
7.2 Time of Payment. The Concessionaire shall pay the Concession Fee every 4 weeks no
later than fifteen (15) days after the 4 week period.
7.3 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due
amounts at the rate of eighteen percent (18%) per annum from the due date, until paid.
7.4 Method of Payment. Payment for all fees under Article 7 shall be by check or money
order payable to the order of "City of Fort Collins-- Golf' and shall be mailed or personally
delivered to the Accounting Department at 215 N Mason St, P.O. Box 580, Fort Collins,
Colorado, 80522.
ARTICLE 8 Utilities, Maintenance and Janitorial Duties
8.1 Utilities. The Concessionaire shall reimburse the City 35% of the natural gas, water,
sewer, storm water, trash collection, and electric services to the Clubhouse building and
that payment shall be due by the 15th of each month for previous month usage.
8.2 Maintenance and Repair. The City shall maintain and repair the Clubhouse building and
Concession Space. The Concessionaire shall be responsible for all repairs to kitchen
equipment and fixtures defined in Article 9 and listed in Exhibit F. The equipment
currently in the kitchen area which is owned by the City as set forth on Exhibit F may be
used until such time as the equipment is no longer in useable condition, at which time
replacement of equipment will be at the Concessionaires expense and is then owned by
the Concessionaire. The City owned hood and grease trap shall remain the property of
the City. The Concessionaire shall clean the hood system and grease trap at least four
times per year. Notwithstanding anything to the contrary contained herein, the City shall
not in any way be liable to the Concessionaire for failure to make repairs as herein
specifically required of it unless the Concessionaire has previously notified the City in
writing of a need for such repairs, and the City has failed to commence and complete
said repairs within a reasonable period of time following receipt of the Concessionaire's
written notification.
Concession Agreement — CB&Potts
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DocuSign Envelope ID: 3243A9C0-84CF-4B47-9DFE-035A6D8EBCE4
8.2.1 The Concessionaire shall neither hold nor attempt to hold the City liable for any
injury or damage, either approximate or remote, occasioned through or caused
by defective electrical wiring or the breaking or stoppage of plumbing or sewage
upon the Concession Space/Area, whether said breakage or stoppage results
from freezing or otherwise.
8.3 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space and its
fixtures clean and in good sanitary condition as required by the ordinances, resolutions,
and statutes and health, sanitary and police regulations of the City of Fort Collins, County
of Larimer and State of Colorado.
8.3.1 Concessionaire shall thoroughly clean the entire Concession Space, including all
equipment and fixtures, whether provided by the City or Concessionaire, the grills
and exhaust, ovens, floors, sinks counters, refrigerators, grease trap and all coils,
at least four times per year at minimum on the following schedule: once prior to,
once during, and once after the close of the April through September golf season,
and one additional time during the October to March off-season.
8.3.2 Concessionaire is responsible for the ongoing cleanliness of the Concession
Space in order to provide a clean and orderly appearance for golfers and the
public, including but not limited to, busing and cleaning tables, chairs, patio deck,
floor areas and common areas/hallways, removing trash accumulations to
designated trash containers, and cleaning and stocking designated restrooms
located in the clubhouse second floor, and the patio deck.
8.3.3 Concessionaire shall deep clean the carpeting at least two (2) times per year and
more frequently as required.
8.3.4 Concessionaire is responsible for snow removal on the walks leading to the
restaurant. The City will plow the parking lot when two or more inches of snow
accumulate.
ARTICLE 9 Acceptance and Trade Fixtures
9.1 Concession Space. City Equipment and Fixtures. In addition to the Concession Space,
the City shall provide the following:
9.1.1 Lighting fixtures for general area illumination; and
9.1.2 Heat and air conditioning.
9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall
acknowledge that it accepts the Concession Space as well as any City equipment and
fixtures "as is." The City will replace the carpeting in the first quarter of 2015. The City
shall collaborate and confer with Concessionaire on the carpet specification.
9.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit "F',
attached hereto and made a part hereof, no equipment, trade fixtures, signs or other
personal property used by Concessionaire in its business, whether or not attached to the
Clubhouse or any improvements thereon, shall be installed without the prior written
approval of the City.
9.4 Removal of Equipment. Trade Fixtures. Concessionaire shall have the right at any time
during the term of this Agreement or upon termination and within ten (10) days
thereafter, to remove all trade fixtures, equipment and other personal property subject to
any valid lien the City may have thereon for unpaid rents or installation of equipment in
lieu of Concession Fee pursuant to Article 7. Any property not so removed by
Concession Agreement — CB&Potts
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