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HomeMy WebLinkAboutRFP - 8822 CITY PARK NINE GOLF PROFESSIONAL / CONCESSIONAIRERFP 8822 City Park Nine Golf Professional / Concessionaire Page 1 of 48 REQUEST FOR PROPOSAL 8822 CITY PARK NINE GOLF PROFESSIONAL / CONCESSIONAIRE The City of Fort Collins is requesting proposals for a Golf Professional / Concessionaire to manage the golf operations, driving range, pro shop, and snack bar functions on a contractual basis at the City Park Nine Golf Course. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on November 7, 2018 and referenced as Proposal No. 8822. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. All questions should be submitted, in writing via email, to Beth Diven, Buyer at bdiven@fcgov.com, with a copy to Project Manager, Mike Calhoon at mcalhoon@fcgov.com, no later than 5:00 PM MST (our clock) on October 26, 2018. Please format your e-mail to include: RFP 8822 City Park Nine Golf Professional / Concessionaire in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 988-31 Golf Course Management and Operation Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Concessionaires may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Concessionaire may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 8822 City Park Nine Golf Professional / Concessionaire Page 2 of 48 confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendor: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Concessionaire shall be expected to sign the City’s standard Golf Concessions Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 8822 City Park Nine Golf Professional / Concessionaire Page 3 of 48 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals for a Golf Professional / Concessionaire, herein the “Concessionaire,” to manage the golf operations, driving range, pro shop, and snack bar concession functions on a contractual basis at the City Park Nine Golf Course. B. Background The City of Fort Collins is the owner and operator of the City Park Nine Golf Course located at 411 South Bryan Avenue, Fort Collins, CO 80521. The City’s Golf Division within the Parks Department administers the City Park Nine Golf Course for the City and desires to grant to a Golf Professional, a contract for services to manage the golf operations, driving range, pro shop functions, and food and beverage concessions. The Agreement will be for a one year term beginning January 1, 2019 and may be renewed for up to four (4) additional one year terms. The management and supervision of the golf operations, driving range and pro shop functions include, but are not limited to, the general management of play on the course, course monitoring (player assistants), operation of the driving range, power golf cart preparation, return inspection, and rentals, golf lessons/instructions, collection, accounting, and remittance of City fees and charges, sale of golf merchandise and services to customers, golf club repair, tournament and league coordination, overall clubhouse management, clubhouse janitorial services, snack bar concession services, daily cleaning of all outside entrance areas and golf cart staging area, and all other golf related operations except for course maintenance. The Concessionaire provides all employees and volunteers necessary to facilitate the full and efficient use and management of the golf course operations as described; and the Concessionaire owns and sells golf merchandise and services, snack bar concession food and beverages, and operates the driving range through an exclusive concession granted by the City. It should be understood that all course monitoring, daily golf cart preparation and inspection services, and janitorial service costs are to be borne by the Concessionaire as a part of this contract for services. In this contract for services, the Concessionaire collects all revenues received at City Park Nine Golf Course on a daily basis. The Concessionaire accounts for and forwards to the City all revenues paid to the City generated from green fees, annual passes, tournament fees and City tournament reservation fees, powered-golf cart rentals, surcharges, private golf cart usage fees, other reservation fees, and other such fees, either set by the City or as appropriate. The Course and History City Park Nine Golf Course is a regulation size 9-hole golf course situated on 55 acres, primarily, built as a WPA Project in circa 1940 and was originally operated by the Fort Collins Golf Associates. The City took over course operations in 1971. The course plays up to 3,335 yards from the back (blue) tees, 3,029/3,089 yards from the mid (white) tees, and 2,632 yards from the forward (red) tees, and is a par 36. From 2013- present, an average of over 17,000 total rounds of golf (18 hole equivalents) were played, with an average of around 3,180 of those rounds played by annual pass card RFP 8822 City Park Nine Golf Professional / Concessionaire Page 4 of 48 holders and the remainder green fee rounds. Less than 8% percent of the total rounds were 18-hole rounds. Golf facilities include a short driving range, two practice putting greens, a practice chipping green and a well-maintained golf course. The club house building includes a lounge, kitchen, and snack bar area, and a complete service pro shop where the starter operations are performed. There is also an office and club repair/storage room. II. SCOPE OF PROPOSAL A. Scope of Work The Concessionaire at the Golf Course shall be a member of the Professional Golfers' Association of America ("PGA") and either possess a class A member classification or have PGA Class A member on staff. Concessionaire must exhibit excellent character, strong managerial skills and exceptional customer service. The following is a list of specific duties required of the Concessionaire. This list is not all- inclusive, but does include the most important duties to be performed by the Concessionaire or those under his/her supervision. 1. Contractor in General a) Management and scheduling of the golf course operations at the City Park Nine Golf Course, including but not limited to, the general management of play on the course and driving range, course monitoring (player assistants functioning as ranger/marshal), preparation, return inspection, and rental of City-provided golf carts, golf lessons/instruction, golf club repair and rentals, tournament and league coordination, and overall use and management of the clubhouse, including the daily cleaning of all outside entrance areas and cleanliness of the clubhouse. b) Timely collection and accounting of City green fees, annual pass fees, gift certificates, tournament fees, golf cart rental or use fees, Premier card, driving range fees, employee or player assistant charge fee, City building rentals, and other fees in the amounts set by the City. c) Cleaning and daily preparation for customers of City-provided golf carts, including the daily cleaning of the golf cart staging area. d) Provision of starters, at least one assistant golf professional, player assistants (marshals/rangers), janitors, cashiers and other personnel as necessary to facilitate full and efficient use of the course and other activities at the City Park Nine Golf Course. e) Supervise the reservation system and the flow of players onto the Golf Course. Make every effort to maximize the number of tee time reservations per day of operation. f) Operate at his/her sole risk, cost, profit and expense, a service-oriented, well- provisioned golf pro shop that satisfies the needs of the public. g) Provide a golf equipment repair service and provide any other facility necessary to facilitate such repair. h) Make available and provide for rental to the public pull carts and golf clubs. i) Generally supervise and maintain a favorable working relationship with all local RFP 8822 City Park Nine Golf Professional / Concessionaire Page 5 of 48 golf associations. Personally provide assistance and support to each association to meet the reasonable demands of the association. Make every effort to equitably provide assistance and support to both men's and women's golf associations. j) Provide scheduling services and access to the Poudre School District golf program for both high school and middle school. 2. Golf Professional a) The Concessionaire shall devote his/her full time and attention as the primary Golf Professional for the City Park Nine Golf Course during the entire calendar year. Upon submitting a written request at least three (3) days in advance and receiving the City's consent, he/she may take up to a total of twenty one (21) vacation days annually, no more than five of which may be consecutive between April-September. The City’s expectation is that vacation days will generally be taken October through March. The Concessionaire may be away from the Golf Course for the purpose of participating in tournament play or other golf-related activities, i.e. schools, seminars and demonstrations, to maintain and/or improve professional status for not more than ten (10) days between April-September with no more than five (5) of which may be consecutive days between April-September. b) Concessionaire shall use his/her best effort to manage the pace of play on the course. Setting expectations and educating golfers about the time to complete a round and monitoring the course to enforce compliance are expected. Utilizing a course starter during periods of heavy use to help manage pace of play is required. c) The Concessionaire shall regularly play golf with a number of different customers to generally promote golf and Golf Course. d) In periods of heavy play, Concessionaire shall regularly tour the Golf Course to greet customers and answer questions, monitor the flow of play and generally inspect the facility. Report any physical course problems or safety issues to the Golf Operations Manager or designee. e) The Concessionaire shall serve as the primary monitor (marshal/ranger) at the Golf Course and maintain the pace of play according to industry standards and City Policies and Procedures. Player Assistants, after proper training by the Concessionaire, may also act as course marshals or rangers. 3. Growing the Game a) Concessionaire shall use his/her best effort to increase rounds played at the course, the use of carts and the driving range. This includes promoting league play and tournaments. It also includes providing programs and services to attract young (junior) golfers, women golfers and dormant golfers to the course. Efforts could include golf camps, leagues or special events or programs for these types of golfers, female teaching pros, SNAG Golf, Get Golf Ready, Right Tees and similar efforts. • Provide competent golf instruction for all levels of players. • Plan, organize, administer and participate in the City's junior golf program. RFP 8822 City Park Nine Golf Professional / Concessionaire Page 6 of 48 • Provide, train and supervise assistant Golf Professionals, Player Assistants (who act as starters, marshals and rangers) and other personnel necessary to perform requirements set forth in the Concession Agreement. b) Attend Golf Course Advisory Board meetings and other meetings as required. c) Represent the City in local PGA section activities and tournaments. d) Constructively participate in an evaluation of the Concessionaire's operation on an annual basis. e) Maintain a close relationship and cooperate with the Golf Course Superintendent. f) Retrieve balls from practice range daily or as necessary, wash balls, stock ball machine, dispense balls to the public and collect range fees. Collect and account for all golf fees as established by City ordinance. The Concessionaire does not have the authority to waive any fees owed to the City by a customer or staff with the exception of the following: • Issue refunds to an unsatisfied customer. • City staff, only when authorized within the limit of a written policy established by the Director of Parks. • A guest who presents an official City-issued complimentary pass or City- issued gift certificate. • PGA golf professionals and GCSAA members. B. SCOPE OF PRO SHOP AND DRIVING RANGE SERVICES 1. Pro Shop and Driving Range a) The Concessionaire shall operate a golf pro shop in the clubhouse which shall stock a variety of golfing equipment (for sale and rent), supplies and related merchandise in sufficient quantity to meet the demands of customers of the golf course. b) The Concessionaire shall provide all merchandise and display fixtures, stock, supplies and inventory for the shop. c) The Concessionaire shall operate the driving range. Such operation to include making equipment and range balls available for use. The City shall provide replacement range balls as the current inventory of range balls wears out. The City shall own and maintain the Range Ball Equipment in Exhibit F. Concessionaire shall retrieve, wash and load range balls in the range ball dispensing machine as needed to ensure balls are always available for customers. The City shall be responsible for replacing the range ball dispensing machine when the parties agree the machine has reached end of life. d) The Concessionaire may retrieve and own any abandoned golf balls at City Park Nine Golf Course. 2. Merchandise Quality, Price Control. Concessionaire acknowledges the desire and obligation of City to provide the public and the golfer high quality merchandise and a high level of public service. Therefore, RFP 8822 City Park Nine Golf Professional / Concessionaire Page 7 of 48 Concessionaire agrees to offer for sale from the clubhouse only high quality merchandise at prices not to exceed the prices customarily charged for similar merchandise in high quality Fort Collins area operations. If, in the opinion of the City, the selection of items offered is inadequate, if the merchandise is not of high quality, if any of the prices, charges and rates are excessive, or if any of the items are found to be objectionable for display and/or sale in a public facility, a representative of the City shall meet and confer with Concessionaire regarding such matters, but Concessionaire acknowledges that the City's determination as to same shall be conclusive. Failure of Concessionaire to correct, rectify or modify its prices or quality within five (5) days of being advised in writing to do so shall be cause for default. Concessionaire shall not offer for sale gift certificates, vouchers, punch cards, or other similar services, except to the extent the same are restricted and limited in duration to one year or less. 3. Use of the Clubhouse. The Concessionaire shall use any and all parts of the clubhouse and designated areas of the golf cart storage building, hereinafter collectively referred to as "clubhouse," for the purpose of operating the concessions and for other incidental purposes only. The clubhouse shall not be used for any other purpose without the prior written consent of City. 4. Maintenance and Repairs a) The City shall be responsible to maintain and repair the interior and exterior of the clubhouse. The City shall not in any way be liable to the Concessionaire for failure to make repairs 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 notification. b) The Concessionaire shall be liable for and shall reimburse the City for the cost of any repairs or damage caused by any act or negligence of the Concessionaire or its agents or employees. c) The Concessionaire shall secure the retail pro shop area and shall provide janitorial services to that area, keeping it clean and in good sanitary condition as required by the ordinances, regulations and statutes of the City of Fort Collins, County of Larimer and State of Colorado and this Agreement. d) The Concessionaire shall neither hold nor attempt to hold the City liable for any injury or damage, either proximate or remote, occasioned through or caused by defective electrical wiring or the breaking or stoppage of plumbing or sewage in or upon the clubhouse, whether said breakage or stoppage results from freezing or otherwise. e) The Concessionaire shall not permit nor suffer the clubhouse or the walls thereof to be endangered by overloading nor permit it to be used for any purpose which would render the insurance thereon void or insurance risks more hazardous without prior written consent of the City, which consent may be conditioned upon the Concessionaire obtaining additional specific insurance coverage for such more hazardous risks. 5. Alterations and Improvements RFP 8822 City Park Nine Golf Professional / Concessionaire Page 8 of 48 a) All alterations, additions, improvements or changes to the clubhouse by the Concessionaire subsequent to the commencement of the term shall be subject to the prior written approval of the City. b) The City reserves the right, from time to time (without invalidating or modifying this Agreement), to make alterations, changes and additions to the land and improvements of which the clubhouse forms a part. c) The Concessionaire hereby indemnifies and agrees to hold the City harmless from all liens, claims or charges on account of any alterations, additions, improvements or changes to the clubhouse by Concessionaire. d) At the end of the term of this Agreement, all fixtures, equipment, additions and alterations, except trade fixtures installed by the Concessionaire, shall be and remain the property of the City. Provided, however, the City shall have the option to require the Concessionaire to remove any or all such fixtures, equipment, additions and alterations and restore the clubhouse to the condition that existed immediately prior to such change and installation, normal wear and tear excepted, all at the Concessionaire's cost and expense. All such work shall be done in a good and workmanlike manner and shall consist of new materials unless otherwise agreed to by the City. 6. Credit Card Billing System The City and the bank handling the City's banking services will allow the Concessionaire to use the City's credit card billing system for the collection of all City fees and charges, as well as for specified Golf Professional/Concession fees, with the Concessionaire paying for their share of said service, and at the rate established by the City. C. SNACK BAR / CONCESSIONS OPERATION The Concessionaire is expected to provide at least minimum food and beverage Services at City Park Nine Golf Course, which may include vending machines for soft drinks, self- service coolers, candy, coffee, chips, cold sandwiches, packaged food, and the sale of beer, wine and alcoholic beverages; and the operation of a food and beverage cart to serve these products on the course. In addition, the Concessionaire may utilize catering companies to come in for special events, or authorize private parties using the City Park Nine Golf Course to utilize catering companies for their special events at the course. The Concessionaire may utilize all of the City-owned Inventory of Snack Bar/Restaurant Equipment noted in the attached D. GOLF PROFESSIONAL/CONCESSIONAIRE FEES, REVENUES, AND PAYMENTS The City desires a revenue share arrangement whereby the Concessionaire will be paid on a mutually agreed upon percent of the gross revenue received by the City from greens fees, cart rentals and the driving range produced by the course annually. A summary of City Park Nine Golf Course’s revenue for the last five years follows: RFP 8822 City Park Nine Golf Professional / Concessionaire Page 9 of 48 5 YEAR GROSS REVENUE SUMMARY Revenue Source 2013 2014 2015 2016 2017 2018 YTD Green Fees $476,342 $522,340 $523,846 $527,271 $513,328 $475,160 Cart Fees $71,632 $81,135 $84,393 $84,655 $94,057 $86,732 Driving Range $65,055 $63,463 $71,914 $69,350 $69,615 $65,575 Total $613,029 $666,938 $680,153 $681,276 $677,000 $627,467 The Concessionaire will keep all non-City revenues generated from the sale of golf merchandise, golf instructions/lessons, pull cart rentals, tournament service fees, golf club cleaning, and rental and repair. The Concessionaire shall be the owner of all merchandise, rental clubs, club repair equipment, and pull carts. For details regarding fees, revenues and payments please see the attached Golf Services and Concessions Agreement. The City intends to use the agreement incorporated in this RFP as the basis for negotiations with the selected Professional. E. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: October 15, 2018 • Question deadline: 5:00 PM MST on October 26, 2018 • Proposal due date: 3:00 MST (our clock) on November 7, 2018 • Interviews (tentative): Week of November 26, 2018 • Award of Contract (tentative): Week of December 3, 2018 • Contract Effective Date: January 1, 2019 F. Interviews In addition to submitting a written proposal, the top-rated Concessionaires may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. G. Subcontractors Concessionaires will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Concessionaire; therefore, subcontractors will be the responsibility of the Concessionaire. H. Fees, Licenses, Permits The successful Concessionaire shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. RFP 8822 City Park Nine Golf Professional / Concessionaire Page 10 of 48 I. Laws and Regulations The Concessionaire agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. J. Invoicing and Payment The City will invoice the Concessionaire monthly for the Concessionaire’s share of credit card fees. These invoices should be paid within 15 days of receiving the invoice. The Concessionaire will submit a Golf Pro Reimbursement Form through the City’s deposit process, as needed when the daily deposit requires a reimbursement to the Concessionaire due to the lack of sufficient cash received for the day to cover the Concessionaire’s share of revenue. These payments will be made to the Concessionaire in the City’s next payment processing period. Payments are processed weekly and will be electronically transferred to the Concessionaire on the Friday of the payment week if a reimbursement is requested. The Fee for Services will be paid to the Concessionaire in advance monthly installments on the first Friday of each month based on the Concessionaire’s agreed upon percentage of the five-year average gross revenue received by the City from greens fees, cart rentals and the driving range produced by the course, less 5%. By the first Friday of February of the following year, the City shall pay the Concessionaire the difference between the amount paid by the City to the Concessionaire in the prior year and the actual amount due the Concessionaire for the prior year from the agreed upon percentage of actual revenues earned at the course for the year. If the Concessionaire was overpaid, the Concessionaire will be required to reimburse the City for the amount overpaid by the first Friday of February. III. PROPOSAL SUBMITTAL For this section, Concessionaires are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Concessionaires propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Concessionaires include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any costs incurred in the preparation and presentation of their proposal. No person, firm or corporation shall make or file more than one proposal for this contract for services. A. Cover Letter The Cover Letter should highlight the Concessionaire’s business and background and any unique aspects or benefits the Concessionaire would bring to the City Park Nine Golf Course. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Signed Vendor Statement RFP 8822 City Park Nine Golf Professional / Concessionaire Page 11 of 48 C. Completed Proposal Questionnaire Please answer all seven questions concisely but with sufficient detail. The total length of your completed Questionnaire is limited to a maximum of seven (7) double sided or fourteen (14) single sided 8 ½ x 11” pages. Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Questionnaires that do not conform to these requirements may be rejected. D. Resume E. Additional Information Concessionaires may include an additional one (1) double sided or two (2) single-sided pages of information that Concessionaire considers relevant for consideration that was not addressed in the Questionnaire. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria An inter-disciplinary RFP Review Committee, composed of members from the City of Fort Collins Golf Advisory Board, City’s Golf Division/Parks Department staff, City’s Purchasing staff, and others will review all written proposals. Using a point evaluation system for grading each proposal, the committee will rank each proposal. The top ranked proposers may be interviewed by the Committee, and the Committee will rank the interviews using criteria and potential questions regarding background and experience of the Concessionaire and staff, the ability of the Concessionaire to operate in accordance with the RFP and attached Golf Professional and Concession Agreement, and the financial circumstances of the proposal including ability to perform and cost to the City. B. Written Proposal Evaluation Respondents will be evaluated on their written answers to the seven questions set forth in the Proposal Questionnaire. A rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Each of the seven questions shall have a “weighting factor” noted by each question. C. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Concessionaire again? Did they show the skills required by this project? RFP 8822 City Park Nine Golf Professional / Concessionaire Page 12 of 48 Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Concessionaire responsive to client needs; did the Concessionaire anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If Concessionaire administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? The City also reserves the right to perform a background screening of the top ranked individual/firm. If the references and background screening are acceptable, an Agreement will be awarded to the highest ranked firm/individual subject to contract negotiations. RFP 8822 City Park Nine Golf Professional / Concessionaire Page 13 of 48 V. CONCESSIONAIRE STATEMENT Concessionaire hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Concessionaire hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Concessionaire’s knowledge and belief. b. Concessionaire commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Concessionaire further agrees that the method of award is acceptable. e. Concessionaire also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Concessionaire acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: CONCESSIONAIRE STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 8822 City Park Nine Golf Professional / Concessionaire Page 14 of 48 VI. PROPOSAL QUESTIONNAIRE Question 1 What are your qualifications and personal unique attributes do you bring to the City that relate to your performance of our defined services? (Weighting Value of 3.0) Question 2 What qualifications will you require of your assistant(s), other employees and player assistants? Please outline your staffing plans for peak, transitional, and off- season times. (Weighting Value of 2.0) Question 3 What conditions, needs or requirements do you see at City Park Nine Golf Course, and how will you deal with them (i.e., marketing strategy, niche customers, maintenance staff, special issues, etc.)? (Weighting Value of 1.0) Question 4 What are your plans and related strengths and weaknesses to operate the City Park Nine Golf Course, Pro Shop and Driving Range with regards to: A. Merchandise; B. Services Offered; C. Customer Services; D. Teaching? (Weighting Value of 3.0) Question 5 How do you plan to finance your operation, both initially and through the year 2019? (Weighting Value of 2.0) Question 6 With regard to course monitoring (rangering/marshaling) and maintaining an acceptable pace of play, outline specifically what program you will implement? Also, how much will you (as resident pro) be involved? (Weighting Value of 1.0) Question 7 What is your proposed gross revenue share percentage for green fees, cart fees and driving range? (Weighting Value of 5.0) RFP 8822 City Park Nine Golf Professional / Concessionaire Page 15 of 48 VII. 2018 FEES & RATES Green Fees Non-Prime Time Twilight 9 holes $19.00 $16.00 9 holes (ages 17 & and under) $14.00 $16.00 9 holes (ages 60+) $17.00 $16.00 18 holes $35.00 - 18 holes (ages 17 & and under) $26.00 - 18 holes (ages 60+) $30.00 - Golf Club Rental Non-Prime Time Twilight 9 holes $ 12.00 $ 12.00 18 holes $ 20.00 $ 20.00 3 Wheel Push Cart Rental Non-Prime Time Twilight 9 holes $ 3.00 $ 3.00 18 holes $ 6.00 $ 6.00 Golf Cart Rental 9 holes single rider Any Time $10.00 18 holes single rider $16.00 All times are considered non-prime time. Twilight - Carts are not available and tee times are not reserved (first come, first served) March through October 1 1/2 hours before published sunset November thru February 2 hours before published sunset RFP 8822 City Park Nine Golf Professional / Concessionaire Page 16 of 48 IX. SCORECARD RFP 8822 City Park Nine Golf Professional / Concessionaire Page 17 of 48 RFP 8417 City Park Nine Golf Course Page 18 of 43 X. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) GOLF SERVICES AND CONCESSION AGREEMENT This Golf Services and Concession Agreement, hereinafter called the "Agreement," is made and entered into as of the day of , 20 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, whose principal offices are at 300 LaPorte Avenue, Fort Collins, Colorado 80521, hereinafter called "City," and , whose principal offices are at , hereinafter called "Concessionaire", regarding certain services to be provided at the City Park Nine Golf Course located at 411 South Bryan Avenue, Fort Collins, CO 80521. (the "Golf Course"). WITNESETH: ARTICLE 1 Golf Services Concessionaire agrees to provide golf services in accordance with the Scope of Golf Services description, attached as Exhibit "A" and incorporated herein by this reference ("Golf Services"), such services to be provided primarily by the Concessionaire. ARTICLE 2 Grant of Pro Ship and Driving Range Concession 2.1 The City grants and Concessionaire accepts the responsibility of operating a Golf Pro Shop and Driving Range Concession in accordance with the Scope of Pro Shop and Driving Range Services description attached as Exhibit "B" and incorporated herein by this reference ("Pro Shop and Driving Range Services"). 2.2 The City grants and Concessionaire accepts the responsibility of operating a kitchen and snack bar area and using such facilities as appropriate to provide refreshment services, including food, non-alcoholic beverages, licensed alcoholic beverages, and related services to the public at the Golf Course, in accordance with the Scope of Snack Bar Concessions description attached as Exhibit “C” and incorporated herein by this reference (“Snack Bar Services”). ARTICLE 3 Concession Space For the purposes of this Agreement, the "Concession Space" shall mean any and all parts of the pro shop and clubhouse building at the Golf Course. ARTICLE 4 Concessionaire's Use of the Concession Space 4.1 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 Golf Course, in conjunction with its operations under this Agreement, in such spaces and manner as may be prescribed by the City. RFP 8417 City Park Nine Golf Course Page 19 of 43 4.2 Smoking Prohibited. Pursuant to the Fort Collins City Code, smoking is prohibited on City Park Nine Golf Course. The Concessionaire shall inform persons violating this provision of the applicable law and request their compliance. 4.3 Restriction on Items Offered for Sale. In no event shall Concessionaire offer for sale or otherwise supply smoking instruments or tobacco at the Golf Course. 4.4 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, regulations, policies, and procedures adopted by the City. ARTICLE 5 Rights of Ingress and Egress 5.1 In General. The Concessionaire shall have the right of ingress and egress to and from the Concession Space for Concessionaire's employees, agents and invitees to the extent reasonably necessary in connection with the conduct of Concessionaire's business under this Agreement. Areas designated as restricted areas by the City shall be excluded. 5.2 Closures. The City may, at any time, temporarily or permanently, close or consent to or request the closing of any roadway or any other way at, in or near the Golf Course, presently or hereafter used as such, so long as reasonable and safe means of ingress and egress remains available to Concessionaire. ARTICLE 6 Undertakings of Concessionaire 6.1 Service. Concessionaire agrees: 6.1.1 The Concessionaire shall furnish and pay for all equipment, except as otherwise provided by the City pursuant to Article 10, all goods, labor, transportation, supervision and services necessary to provide services in accordance with this Agreement. 6.1.2 Concessionaire acknowledges the desire and obligation of the City to provide a high level of service to the public. Therefore, Concessionaire agrees to offer for sale from the Concession Space only high quality food and beverages and other appropriate merchandise and products. If, in the opinion of the City, the selection of items offered is inadequate or not of high quality or if any of the items are found to be objectionable for display and/or sale in a public facility, the items shall be removed or replaced as required by the City. The City Representative shall meet and confer with Concessionaire regarding such matters. However, Concessionaire acknowledges that the City's determination as to the same shall be conclusive. Failure of Concessionaire to correct, rectify or modify its quality within five (5) days of being advised in writing to do so shall be cause for default. 6.1.3 Concessionaire warrants that all Golf Services and related responsibilities performed under this Agreement shall be performed with the highest degree of RFP 8417 City Park Nine Golf Course Page 20 of 43 competence and care and in accordance with the highest modern professional golfing and management standards in leading golf clubs and golf courses. 6.1.4 Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Concessionaire and that this Agreement shall be considered as an agreement for his/her personal services. Accordingly, the Concessionaire shall neither assign any responsibilities nor delegate any duties designated to the Golf Professional/Concessionaire under this Agreement to any other person without the prior written consent of the City, and as otherwise set forth in Article 15. 6.1.5 During the peak season, April 1 through September 1, the Concessionaire is expected to work six (6) days a week. Concessionaire shall provide in writing, as requested in writing by the City, a weekly schedule of Concessionaire’s time spent performing duties at the Golf Course. 6.2 Hours of Operation. Subject to the exception for inclement weather expressed below, the Concessionaire will be required to provide services under this Agreement as follows: A. During the months of April, May, June, July, August and September, from at least 6:00 A.M. through sundown (or later if golfers remain on the course); B. During the months of October, November, December, January, February and March, from at least 8:00 A.M. to sundown (or later if golfers remain on the course); C. Exceptions to the daily schedule may be made, subject to the consent of the City, if closing is dictated by weather and/or course play. 6.3 Special Events Option. Concessionaire shall have the option, upon request by the City, but shall not be obligated, to provide luncheons or other meals for special occasions, including but not limited to association meetings and tournaments. In the event such a request is made, and Concessionaire elects not to provide such services, the City may make use of the Concession space to provide food and beverage services through other means, provided, however, that the City will make reasonable efforts to minimize the disruption to Concessionaire’s operations that may result. 6.4 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor of its agents and employees. Concessionaire agrees to supply and require its employees to wear staff shirts and to wear or carry badges or other suitable means of identification, the form for which shall be subject to prior and continuing approval of the City. 6.4.1 The Concessionaire agrees to provide to the City at all times a current list of employees, player assistants, and other representatives or agents of the Concessionaire that will be working on behalf of the Concessionaire in providing services to the City under this Agreement. The Concessionaire shall keep a written record of all hours worked by player assistants and provide this information to the RFP 8417 City Park Nine Golf Course Page 21 of 43 City on a monthly basis or upon request. The Concessionaire and the City acknowledge and agree that certain services provided by Concessionaire will require that employees, player assistants, and other representatives or agents of the 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 members of the general public. Accordingly, Concessionaire agrees to conduct, prior to acceptance of employment, background screening of all employees, player assistants, and other representatives or agents of the Concessionaire at the Concessionaire’s expense. 6.4.2 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, competency or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed or allowed to act as a player assistant in connection with the services or activities required or permitted under this Agreement. 6.4.3 In the event the City has concerns regarding the 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 player assistant of the 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. 6.4.4 The following constitute unacceptable personal conduct that the parties acknowledge and agree shall be subject to reasonable objection by the City. The parties acknowledge this list is not meant to be exhaustive, and other conduct not listed in this Section may be determined by the City to reasonably impair Concessionaire's ability to provide satisfactory services under this Agreement, 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 the Concessionaire, or anyone providing services for the Concessionaire commits any of the following examples of unacceptable conduct, or fails or refuses to take reasonable action to correct such conduct by any person providing services for or on behalf of Concessionaire hereunder, the City may give Concessionaire notice of violation and proceed in the manner as set forth in Section 17.1.9. A. Commission or conviction of a felony, or of any crime involving moral turpitude; B. Theft or misuse of City money or property; C. Harassment of, or discrimination against, any individual based on race, RFP 8417 City Park Nine Golf Course Page 22 of 43 religion, national origin, age, sex, sexual orientation or disability, including any breach of the terms set forth in Exhibit C, attached hereto; D. Falsification, unauthorized use or destruction of City records, reports or other data or information belonging to the City; E. Abusive or threatening treatment of any person, including, but not limited to physical or verbal confrontation; F. Using, consuming, possessing, having in the body or distributing alcohol (except in the normal performance of concession services) or controlled substances during working time; G. Destruction, loss or abuse of City property; H. Unauthorized use of City equipment or property for personal use; or I. Possessing or maintaining sexually explicit materials on City property; J. Failure to meet the City’s performance expectations. 6.4. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Concessionaire represents and agrees that: 6.4.1. As of the date of this Agreement: A. Concessionaire does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and B. 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. 6.4.2. 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. 6.4.3. Concessionaire is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. RFP 8417 City Park Nine Golf Course Page 23 of 43 6.4.4. If Concessionaire obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Concessionaire shall: A. 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 B. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that 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. 6.4.5. 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. 6.4.6. 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. 6.4.7. 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. 6.5 Statements, Recordkeeping 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 the Golf Course and agrees to make available to the City, or its authorized representative, at any time, Monday through Friday inclusive, between the hours of 9:00 a.m. and 5:00 p.m., at the offices of the City or the Golf Course, at the City's election, all records, books and relevant related information as may be required for audit purposes. 6.5.1 Annual financial statements are required to be filed with the City representative on or before April 15th for the prior year. 6.6 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 RFP 8417 City Park Nine Golf Course Page 24 of 43 hoses, if any, installed or located in the Concession Area or elsewhere at the Golf Course. 6.7 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 which, during the term of this Agreement or any extension hereof, may become a lien of which may be levied or charged by the State, County, City of Fort Collins or other tax-levying body upon or with respect to the Concession Space or the Golf Course, upon any taxable interest acquired by the 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 or elsewhere at City Park Nine Golf Course. However, except as otherwise permitted by this Agreement, no charges, fees or taxes of any nature shall be imposed by the City solely upon 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. Nothing herein shall prevent Concessionaire from protesting, through due process, any taxes levied. 6.8 Licenses. Concessionaire agrees to obtain and pay for all licenses necessary in connection with its operation. 6.8.1 Any such licenses held by the Concessionaire in connection with this Agreement shall be surrendered by the Concessionaire upon termination of this Agreement. 6.8.2 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. 6.8.3 For the purpose of the Optional Premise Liquor License, the “premises” shall be defined to include the Concession Space and adjacent outdoor patio, and the entire golf course grounds of City Park nine Golf Course. ARTICLE 7 Term 7.1 Period. The term of this Agreement shall commence on January 1, 2019 and unless terminated sooner, shall expire on December 31, 2019. This Agreement shall be automatically renewed for up to four (4) additional one (1) year terms 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 the anniversary date of the Agreement. RFP 8417 City Park Nine Golf Course Page 25 of 43 7.2 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 sole right to determine reasonable fees for any holdover period. ARTICLE 8 Fee For Services/Fee For Conducting Business 8.1 Fee for Services. As payment for performance of Golf Services, the Concessionaire shall be paid percent of gross revenue received by the City from greens fees, cart rentals and the driving range produced by the course annually. Annual pass revenue will be allocated to the course at the end of the year based on annual pass rounds played at the course. Premier Card revenue will be allocated to the course based on actual use of the card at the course discounted by the amount of discount provided by the Premier Card. The Fee for Services fee will be paid in monthly installments on the first Friday of each month in advance based on the annual average of the gross revenue received by the City from greens fees, cart rentals and the driving range produced by the course over the past five years, less 5%. The five (5) year average gross revenue calculation is in the below Table 1. Beginning January 1st, the Concessionaire’s monthly installment for year 1 of the Contract will be $ as calculated in the below Table 2. By the first Friday of February of the following year, the City shall pay the Concessionaire the difference between the amount paid by the City to the Concessionaire in the prior year and percent of revenue received by the City from greens fees, cart rentals and the driving range produced by the course in the prior year, if any. If the amount paid by the City to the Concessionaire in the prior year exceeds percent of the gross revenue received by the City from greens fees, cart rentals and the driving range from the course for the prior year, the Concessionaire shall pay the difference to the City within 30 days of being notified of the amount due. Table 1 5 YEAR GROSS REVENUE SUMMARY Revenue Source 2013 2014 2015 2016 2017 Average Green Fees $476,342 $522,340 $523,846 $527,271 $513,328 $475,160 Cart Fees 71,632 81,135 84,393 84,655 94,057 86,732 Driving Range 65,055 63,463 71,914 69,350 69,615 65,575 Total $613,029 $666,938 $680,153 $681,276 $677,000 $627,467 RFP 8417 City Park Nine Golf Course Page 26 of 43 Table 2 Description Calculation 5 Year Average Gross Revenue $ % Gross Revenue (Annual Fee for Services) $ 95% of Annual Fee for Services $ Monthly Installment Calculation for 12 Months $ 8.2 Additional Income. All fees and other income received through the operation of the pro shop, the sale of merchandise, golf lessons/instruction, tournament service fees, pull cart rental, golf club repair, the rental of equipment owned by the Concessionaire, and food and beverage fees shall be retained by Concessionaire. Concessionaire shall provide written records of such income upon request by the City. 8.3 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. 8.4 Method of Payment. Payment for fees due to the City under Article 8 shall be by check or money order payable to the order of "City of Fort Collins - Golf" and shall be mailed or personally delivered to the City of Fort Collins Golf Services Office, 215 N. Mason Street, PO Box 580, Fort Collins, Colorado, 80522. ARTICLE 9 Utilities, Maintenance and Janitorial Duties 9.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash collection, recycling, basic clubhouse security system services, and electric services to the Concession Space. The Concessionaire shall pay for telephone service, any Pro Shop televisions, cable or satellite services, or expanded security services. Concessionaire is responsible for any cable/satellite TV charges. 9.2 Maintenance and Repair. The City shall maintain and repair the Concession Space and City equipment and fixtures (defined in Article 10). Concessionaire shall submit all requests for repairs or maintenance to the City Representative. Notwithstanding anything to the contrary contained herein, the City shall not in any way be liable to the 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. 9.2.1 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, whether said breakage or stoppage results from freezing RFP 8417 City Park Nine Golf Course Page 27 of 43 or otherwise. 9.3 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, policies, statutes, and health, sanitary and police regulations of the City of Fort Collins, County of Larimer, and State of Colorado. 9.3.1 Concessionaire shall thoroughly clean the entire Concession Space, including all equipment and fixtures, whether provided by the City or Concessionaire, and the floors, counters and carpet at least once prior to, once during and a third time after the close of the April through September golf season. Contactor shall schedule inspections with the City representative after scheduled cleaning and provide all receipts associated with cleaning work. 9.3.2 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, chairs, windows, patio, floor areas and removing trash accumulations to designated trash containers. 9.3.3 The City shall provide daily cleaning services for the clubhouse restrooms. The Concessionaire shall maintain clean and orderly restrooms in the Concession Space throughout operating hours including restocking supplies and emergency cleaning as necessary. 9.3.4 Concessionaire shall be responsible for the daily cleaning of all outside entrances to the concession space, as well as the daily cleaning of the golf cart staging area. Concessionaire is responsible for snow removal from pathways leading to the Concession Space when the course is open. ARTICLE 10 Acceptance and Trade Fixtures 10.1 Concession Space, City Equipment and Fixtures. In addition to the Concession Space, the City shall provide the following: 10.1.1 Existing equipment as listed on Exhibit "E", attached hereto and made a part hereof; 10.1.2 Lighting fixtures for general area illumination; 10.1.3 Heat and air conditioning; 10.1.4 Pro shop counters, storage units and safe; and 10.1.5 One cash register and/or computerized system, and credit card machine for use by Concessionaire in connection with performance of services and sales under this Agreement. RFP 8417 City Park Nine Golf Course Page 28 of 43 10.1.6 Pro Shop Carpeting. 10.2 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." 10.3 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 Concession Space or any Improvements thereon, shall be installed without the prior written approval of the City. 10.4 Removal of Equipment, Trade Fixtures. Concessionaire shall have the right at any time during the term of this Agreement or upon termination and within thirty (30) days thereafter, to remove all trade fixtures, equipment and other personal property owned by Concessionaire, subject to any valid lien the City may have thereon. Any property not so removed by Concessionaire upon termination shall become a part of the realty on which it is located, and title thereto shall vest in the City. 10.5 Title to Improvements. Upon installation or erection of Improvements by Concessionaire, 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. 10.6 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, sign codes, rules and regulations of all governmental agencies which have jurisdiction over such matters. ARTICLE 11 Damage by Concessionaire 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 Concession Space, or to City's property, equipment and fixtures (defined in Article 10) caused by Concessionaire, its board members, officers, agents, employees or anyone acting under its direction and control, ordinary wear and tear excepted. All repairs or replacements shall be made promptly and when necessary and shall be in a quality and of a class at least equal to the original. ARTICLE 12 Total or Partial Destruction 12.1 Concession Space or Other Major Component Rendered Untenantable. In case, during the term of this Agreement, the Concession Space, Golf Course or any principal part of any one of them shall be destroyed or shall be so damaged by fire, flood, or other casualty so as to be rendered untenantable or unusable as determined by the City: RFP 8417 City Park Nine Golf Course Page 29 of 43 12.1.1 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. 12.1.2 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. 12.2 Concession Space Only Untenantable. In the event of destruction rendering only the Concession Space untenantable, the City shall endeavor, but not be obligated, to make substitute premises available for Concessionaire's use. 12.3 Components Tenantable. If the Concession Space or Golf Course shall be only injured by fire, flood, or the elements to such extent so as not to render the same untenantable and unfit for use and occupancy, the City shall repair the same with all reasonable speed. 12.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction, 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. 12.5 Exception for Damage Caused by Concessionaire. In the event of damage caused by Concessionaire as more specifically addressed in Article 11 of this Agreement, the provisions of Article 11 shall govern in any conflict between Article 11 and Article 12. 12.6 No Claim by 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 Concession Space or City Park Nine Golf Course, however the necessity may occur. ARTICLE 13 Indemnification and Insurance 13.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or injury, including cost of suit and reasonable expenses of legal services, claimed or recovered by any person whomsoever or whatsoever as a result of any operations, works, acts or omissions performed within City Park Nine Golf Course and Concession Space by Concessionaire, its agents, employees or Concessionaires unless caused or contributed to by the negligence or willful misconduct of the City, its employees, agents or contractors. RFP 8417 City Park Nine Golf Course Page 30 of 43 13.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City harmless from all claims, demands, judgments, costs and expenses, including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by any person by reason of injury to or death of any individual person or persons, or by reason of damage to, destruction or loss of use of any property, including City's personnel and City's property, directly or indirectly arising out of, resulting from or occurring in connection with any operations, works, acts or omissions of Concessionaire. As used herein, the term "Concessionaire" and "City" includes the respective directors, officers, agents, employees and concessionaires of Concessionaire and City. 13.3 Patent 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. 13.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations hereunder, the Concessionaire shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement with limits specified in Exhibit "G", which is attached hereto and incorporated herein by this reference. 13.5 Precautions Against Injury. The Concessionaire shall take all necessary precautions in performing the operations hereunder to prevent injury to persons and property. 13.6 Failure to Insure. Failure of Concessionaire to take out and/or maintain, or the taking out and/or maintenance of any required insurance shall not relieve Concessionaire from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations on Concessionaire concerning indemnification. ARTICLE 14 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 15 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 nor permit any transfer by operation of law of Concessionaire's interest created hereby, other than by merger or consolidation unless approved by City. ARTICLE 16 Right of City to Enter, Inspect and Make Repairs 16.1 In General. City and its authorized employees, agents, Concessionaires 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 RFP 8417 City Park Nine Golf Course Page 31 of 43 purposes: 16.1.1 To inspect such premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Concessionaire has complied with and is complying with the terms and conditions of this Agreement with respect to such premises; 16.1.2 To perform or cause to be performed maintenance and make repairs and replacements: and 16.1.3 To make structural additions and alterations. 16.2 Obstruction by City. All entries made for the purposes enumerated above shall, except as otherwise provided in Article 12, Total or Partial Destruction, be without abatement of damage for inconvenience. 16.3 Obstruction by 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 said 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. 16.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article, by the City, or others under right of the City, shall not be, nor be construed to be, an eviction of Concessionaire, nor be made the grounds for any abatement of any claim or demand for damages against the City, consequential or otherwise, except claims for damages to person or property caused solely by the negligence of the City. ARTICLE 17 Default, Rights of Termination 17.1 Default by Concessionaire. Time is of the essence in the performance of services and payments of any amounts due under this Agreement. Concessionaire shall be in default under this Agreement upon the occurrence of any one or more of the following events: 17.1.1 Concessionaire's failure to pay any fee or other charge when due or provide acceptable financial reports if requested by the City within five (5) workings days after notice from City of such nonpayment or request. 17.1.2 Concessionaire's failure to maintain the insurance required in Section 13.4. 17.1.3 Concessionaire's assignment of any right hereunder in violation of Article 15. RFP 8417 City Park Nine Golf Course Page 32 of 43 17.1.4 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. 17.1.5 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 thirty (30) days after the filing. 17.1.6 The abandonment for a period of (7) calendar days by Concessionaire of the conduct of its services and operations. 17.1.7 The assignment by Concessionaire of its assets for the benefit of creditors. 17.1.8 The death of the Concessionaire or his/her inability to provide services under this Agreement for an aggregate period of 45 days or more during any annual term of this Agreement. 17.1.9 After written notice to the Concessionaire of any violation of the personal conduct or performance standards set forth in Section 6, above, and a hearing of the matter before the City's Director of Purchasing, if such a hearing has been requested in writing received by the Director of Purchasing within ten (10) days after mailing of written notice of violation, a determination by the Director of Purchasing and Risk Management that the alleged violation has, in fact, occurred, and that such violation materially interferes with Concessionaire's ability to perform its services hereunder in a manner satisfactory to the City or otherwise impairs the benefits to be derived from the City by this Agreement, including the good will, satisfaction, health and safety of the general public. 17.2 City's Remedies on Default. 17.2.1 In the event of a default by Concessionaire, the City may terminate this Agreement effective immediately upon provision of written notice of such 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, Concessionaire shall refund to the City that portion of the Golf Services Fee paid by the City pursuant to Section 8.2 proportional to the time remaining in the calendar month at the time of the Concessionaire's default, and the City shall have the right to take possession of the Concession Space at the RFP 8417 City Park Nine Golf Course Page 33 of 43 time of default. Concessionaire's liability to City for damages shall survive the termination, and the City may re-enter, take possession of the Concession Space and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 17.2.2 Following re-entry or abandonment, City may make arrangements for use of the Concession Space by others and in that connection may make any suitable alterations or refurbish the Concession Space, but City shall not be required to make such arrangement for any use or purpose. 17.3 Rights and Remedies Reserved. It is understood and agreed that any rights and remedies reserved pursuant to this Article are in addition to any other rights or remedies the City may have pursuant to this Agreement or to applicable law to seek judicial enforcement, damages or any other lawful remedy. 17.4 Termination Notice. Notwithstanding the time periods contained herein, in the event the City elects to renew this agreement beyond the term in paragraph 7.1, either party may terminate this Agreement effective December 31st of the respective contract year without cause by providing written notice to the other party. Such notice shall be delivered at least ninety (90) days prior to December 31st. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the addresses provided in Section 18.15, below. ARTICLE 18 Miscellaneous Provisions 18.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy available to the City, or 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. 18.2 Non-Waiver. The failure by either party to exercise any right or rights accruing to it by virtue of the breach of any covenant, condition or agreement herein by the other party shall not operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by such other party, nor shall such other party be relieved thereby from its obligations under the terms hereof. 18.3 Non-liability of Individuals Other than Concessionaire. With the exception of Concessionaire, no director, officer, agent or employee of either party hereto shall be charged personally or held contractually liable by or to the other party under any term or provision of this Agreement or of any supplement, modification or amendment to this Agreement because of any breach thereof, or because of its or their execution or attempted execution of the same. 18.4 Limitations on Use. 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 RFP 8417 City Park Nine Golf Course Page 34 of 43 Agreement. Neither shall Concessionaire permit nor suffer any disorderly noise or nuisance whatsoever about the Concession Space or City Park Nine Golf Course. 18.5 Governing Law. This Agreement shall be performable and enforceable in Larimer County, Colorado, and shall be construed in accordance with the laws of the State of Colorado. 18.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and Concessionaire, their successors and assigns, and is not made for the benefit of any third party. 18.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 18.8 Successors and Assigns. All covenants, stipulations and agreements in this Agreement shall extend to and bind each party hereto, its legal representatives, successors and assigns. 18.9 Headings. The titles of the several articles of this Agreement are inserted herein for convenience only, and are not intended and shall not be construed to affect in any manner the terms and provisions hereof, or the interpretation or construction thereof. 18.10 Attorney Fees. In the event any legal action or proceeding is brought to collect sums due or to become due hereunder or any portion thereof or to enforce compliance with this Agreement for failure to observe any of the covenants of this Agreement, the losing party agrees to pay to the prevailing party such sums as the Court may judge reasonable attorneys' fees and costs to be allowed in such action or proceeding and in any appeal therefrom. 18.11 Contract Documents, Entire Agreement. This writing, together with the exhibits hereto constitutes the entire agreement between the parties, their officers, employees, agents and assigns and supersedes all prior agreements, understandings, warranties or promises between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto. 18.12 Severability. In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either City or Concessionaire in his/her or its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. 18.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier termination as herein provided, Concessionaire shall remove all of its property from City Park Nine Golf Course and surrender entire possession of its rights at City Park Nine Golf Course RFP 8417 City Park Nine Golf Course Page 35 of 43 to City and its improvements in accordance with Section 11 above, unless this Agreement is renewed or replaced. 18.14 City Representative. The City designates the Director of Parks, as its representative who shall make, within the scope of his/her authority, all necessary and proper decisions with reference to this Agreement. All requests for contract interpretations, amendments and other clarifications or instructions shall be directed to the City Representative. 18.15 Notices. Notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given upon personal delivery or upon deposit in the United States Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such other address as the parties may designate from time to time by notice given in accordance with this Section: Concessionaire: City: Copy to: Attn: City of Fort Collins Attn: Director of Parks PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept PO Box 580 Fort Collins, CO 80522 18.16 Schedules and Exhibits. Whenever reference is made in this Agreement to a Schedule or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule or Exhibit shall be deemed attached to and by this reference incorporated in this Agreement. 18.17 Force Majeure. However, 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, embargoes, shortage of energy or materials, acts of God, act of public enemy, acts of superior governmental authority, weather conditions, rights, rebellion, sabotage or any other circumstances that are not within its control. 18.18 No Limitation on General Powers Nothing in this Agreement shall be construed as in any way limiting the general powers of the City to fully exercise their governmental functions or their obligations under any bond covenants or federal, state or local laws, rules or regulations. 18.19 No Relationship. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of employer and employee, principal and agent or a partnership or a joint venture between the parties hereto. It is agreed that in the performance of the golf services and concession operation hereunder, the Concessionaire is an independent Concessionaire responsible to the City only as to the results to be obtained and to the extent that the services and operation shall be done in accordance with the terms of this Agreement. 18.20 Survival. To the extent necessary to carry out all of the terms and provisions hereof, the said terms, obligations and rights set forth herein required shall survive and shall not be RFP 8417 City Park Nine Golf Course Page 36 of 43 affected by the expiration or termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: CONCESSIONAIRE'S NAME By: Printed: Date: RFP 8417 City Park Nine Golf Course Page 37 of 43 EXHIBIT A SCOPE OF GOLF SERVICES The Golf Professional at the Golf Course shall be a member of, the Professional Golfers' Association of America ("PGA") and carry a class A member classification or have a Class A member on staff. Concessionaire must be of character that is accepted by the general public. The following is a list of specific duties required of the Golf Professional. This list is not all- inclusive, but does include the most important duties to be performed by the Golf Professional or those under his supervision. A. Contractor in General 1. Management and scheduling of the golf course operations at the City Park Nine Golf Course, including but not limited to, the general management of play on the course and driving range, course monitoring (ranger/marshal functions), preparation, return inspection, and rental of City-provided golf carts, golf lessons/instruction, golf club repair and rentals, tournament and league coordination, and overall use and management of the clubhouse, including the daily cleaning of all outside entrance areas and cleanliness of the clubhouse. 2. Timely collection and accounting of City green fees, annual pass fees, gift certificates, tournament fees, golf cart rental or use fees, Premier card, driving range fees, employee or player assistant charge fee, City building rentals, and other fees in the amounts set by the City. 3. Cleaning and daily preparation for customers of City-provided golf carts, including the daily cleaning of the golf cart staging area. 4. Provision of starters, at least one assistant golf professional, course monitors (marshals/rangers), janitors, cashiers and other personnel as necessary to facilitate full and efficient use of the course and other activities at the City Park Nine Golf Course. 5. Supervise the reservation system and the flow of players onto the Golf Course. Make every effort to maximize the number of tee time reservations per day of operation. 6. Operate at his/her sole risk, cost, profit and expense, a service-oriented, well- provisioned golf pro shop that satisfies the needs of the public. 7. Provide a golf equipment repair service and provide any other facility necessary to facilitate such repair. 8. Make available and provide for rental to the public pull carts and golf clubs. 9. Generally supervise and maintain a favorable working relationship with all local golf associations and the Poudre School District. Personally provide assistance and support to each association to meet the reasonable demands of the association. Make every effort to equitably provide assistance and support to both men's and women's golf associations. RFP 8417 City Park Nine Golf Course Page 38 of 43 B. Golf Professional 1. The Concessionaire shall devote his/her full time and attention as the primary golf professional for the City Park Nine Golf Course during the entire calendar year. Upon submitting a written request at least three (3) days in advance and receiving the City's consent, he/she may take up to a total of twenty one (21) vacation days annually, no more than five of which may be consecutive between April-September. The City’s expectation is that vacation days will generally be taken October through March. The Concessionaire may be away from the Golf Course for the purpose of participating in tournament play or other golf-related activities, i.e. schools, seminars and demonstrations, to maintain and/or improve professional status for not more than ten (10) days between April-September with no more than five (5) of which may be consecutive days between April-September. 2. Concessionaire shall use his/her best effort to manage the pace of play on the course. Setting expectations and educating golfers about the time to complete a round and monitoring the course to enforce compliance are expected. Utilizing a course starter during periods of heavy use to help manage pace of play is required. 3. The Concessionaire shall regularly play golf with a number of different customers to generally promote golf and Golf Course. 4. In periods of heavy play, Concessionaire shall regularly tour the Golf Course to greet customers and answer questions, monitor the flow of play and generally inspect the facility. Report any physical course problems or safety issues to the Golf Operations Manager or designee. 5. The Concessionaire shall serve as the primary monitor (marshal/ranger) at the Golf Course and maintain the pace of play according to industry standards and City Policies and Procedures. Player Assistants, after proper training by the Concessionaire, may also act as course marshals or rangers. C. Growing the Game. 1. Concessionaire shall use his/her best effort to increase rounds played at the course, the use of carts and the driving range. This includes promoting league play and tournaments. It also includes providing programs and services so as to attract young (junior) golfers, women golfers and dormant golfers to the course. Efforts could include golf camps, leagues or special events or programs for these types of golfers, female teaching pros, SNAG Golf, Get Golf Ready, Right Tees and similar efforts. 2. Provide competent golf instruction for all levels of players. 3. Plan, organize, administer and participate in the City's junior golf program. 4. Provide, train and supervise assistant Golf Professionals, player assistants (who act as starters, rangers and marshals) and other personnel necessary to perform requirements set forth in the Concession Agreement. 5. Attend Golf Course Advisory Board meetings and other meetings as required. RFP 8417 City Park Nine Golf Course Page 39 of 43 6. Represent the City in local PGA section activities and tournaments. 7. Constructively participate in an evaluation of the Golf Professional's operation on an annual basis. 8. Maintain a close relationship and cooperate with the Golf Course Superintendent. 9. Retrieve balls from practice range daily or as necessary, wash balls, stock ball machine, dispense balls to the public and collect range fees. Collect and account for all golf fees as established by City ordinance. The Golf Professional does not have the authority to waive any fees owed to the City by a customer or staff with the exception of the following: a. Issue refunds to an unsatisfied customer. b. City staff, only when authorized within the limit of a written policy established by the Director of Parks. c. A guest who presents an official City-issued complimentary pass or City-issued gift certificate. d. PGA golf professionals and GCSAA members. RFP 8417 City Park Nine Golf Course Page 40 of 43 EXHIBIT B SCOPE OF PRO SHOP AND DRIVING RANGE SERVICES I. Pro Shop and Driving Range. A. The Concessionaire shall operate a golf pro shop in the clubhouse which shall stock a variety of golfing equipment (for sale and rent), supplies and related merchandise in sufficient quantity to meet the demands of customers of the golf course. B. The Concessionaire shall provide all merchandise and display fixtures, stock, supplies and inventory for the shop. C. The Concessionaire shall operate the driving range. Such operation to include making equipment and range balls available for use. The City shall provide replacement range balls as the current inventory of range balls wears out. The City shall own and maintain the Range Ball Equipment in Exhibit F. Concessionaire shall retrieve, wash and load range balls in the range ball dispensing machine as needed to ensure balls are always available for customers. The City shall be responsible for replacing the range ball dispensing machine when the parties agree the machine has reached end of life. D. The Concessionaire may retrieve and own any abandoned golf balls at City Park Nine Golf Course. II. Merchandise Quality, Price Control. Concessionaire acknowledges the desire and obligation of City to provide the public and the golfer high quality merchandise and a high level of public service. Therefore, Concessionaire agrees to offer for sale from the clubhouse only high quality merchandise at prices not to exceed the prices customarily charged for similar merchandise in high quality Fort Collins area operations. If, in the opinion of the City, the selection of items offered is inadequate, if the merchandise is not of high quality, if any of the prices, charges and rates are excessive, or if any of the items are found to be objectionable for display and/or sale in a public facility, a representative of the City shall meet and confer with Concessionaire regarding such matters, but Concessionaire acknowledges that the City's determination as to same shall be conclusive. Failure of Concessionaire to correct, rectify or modify its prices or quality within five (5) days of being advised in writing to do so shall be cause for default. Concessionaire shall not offer for sale gift certificates, vouchers, punch cards, or other similar services, except to the extent the same are restricted and limited in duration to one year or less. III. Use of the Clubhouse. The Concessionaire shall use any and all parts of the clubhouse and designated areas of the golf cart storage building, hereinafter collectively referred to as "clubhouse," for the purpose of operating the concessions and for other incidental purposes only. The clubhouse shall not be used for any other purpose without the prior written consent of City. IV. Maintenance and Repairs. A. The City shall be responsible to maintain and repair the interior and exterior of the clubhouse. The City shall not in any way be liable to the Concessionaire for failure to make repairs 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 notification. RFP 8417 City Park Nine Golf Course Page 41 of 43 B. The Concessionaire shall be liable for and shall reimburse the City for the cost of any repairs or damage caused by any act or negligence of the Concessionaire or its agents or employees. C. The Concessionaire shall secure the retail pro shop area and shall provide janitorial services to that area, keeping it clean and in good sanitary condition as required by the ordinances, regulations and statutes of the City of Fort Collins, County of Larimer and State of Colorado and this Agreement. D. The Concessionaire shall neither hold nor attempt to hold the City liable for any injury or damage, either proximate or remote, occasioned through or caused by defective electrical wiring or the breaking or stoppage of plumbing or sewage in or upon the clubhouse, whether said breakage or stoppage results from freezing or otherwise. E. The Concessionaire shall not permit nor suffer the clubhouse or the walls thereof to be endangered by overloading nor permit it to be used for any purpose which would render the insurance thereon void or insurance risks more hazardous without prior written consent of the City, which consent may be conditioned upon the Concessionaire obtaining additional specific insurance coverage for such more hazardous risks. V. Alterations and Improvements. A. All alterations, additions, improvements or changes to the clubhouse by the Concessionaire subsequent to the commencement of the term shall be subject to the prior written approval of the City. B. The City reserves the right, from time to time (without invalidating or modifying this Agreement), to make alterations, changes and additions to the land and improvements of which the clubhouse forms a part. C. The Concessionaire hereby indemnifies and agrees to hold the City harmless from all liens, claims or charges on account of any alterations, additions, improvements or changes to the clubhouse by Concessionaire. D. At the end of the term of this Agreement, all fixtures, equipment, additions and alterations, except trade fixtures installed by the Concessionaire, shall be and remain the property of the City. Provided, however, the City shall have the option to require the Concessionaire to remove any or all such fixtures, equipment, additions and alterations and restore the clubhouse to the condition that existed immediately prior to such change and installation, normal wear and tear excepted, all at the Concessionaire's cost and expense. All such work shall be done in a good and workmanlike manner and shall consist of new materials unless otherwise agreed to by the City. VI. Credit Card Billing System. The City and the bank handling the City's banking services will allow the Concessionaire to use the City's credit card billing system for the collection of all City fees and charges, as well as for specified Golf Professional/Concession fees, with the Concessionaire paying for their share of said service, and at the rate established by the City. RFP 8417 City Park Nine Golf Course Page 42 of 43 EXHIBIT C SCOPE OF SNACK BAR CONCESSION SERVICES As of the date of the Agreement the City understands that the Concessionaire will provide minimum food and beverage services at City Park Nine Golf Course, which may include vending machines for soft drinks, self-service coolers, coffee, candy, chips, cold sandwiches, and the sale of all approved liquor products. Concessionaire shall also provide and operate a food and beverage cart to serve these products on the course from at least April through September when a sufficient number of customers are golfing. City owned or City leased golf carts shall not be used for this purpose unless approved by the City. In addition, the Concessionaire may utilize catering companies to come in for special events, or authorized private parties using City Park Nine Golf Course. The Concessionaire may utilize all the city-owned inventory of Snack Bar/Restaurant Equipment noted in Exhibit E. RFP 8417 City Park Nine Golf Course Page 43 of 43 EXHIBIT D DISCRIMINATION PROHIBITED (A) Concessionaire 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. Concessionaire 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. Concessionaire 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) Concessionaire 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. RFP 8417 City Park Nine Golf Course Page 44 of 43 EXHIBIT E CITY-OWNED INVENTORY CITY PARK NINE CLUBHOUSE EQUIPMENT Northland refrigerator Slicer Hot Dog Machine Ice Machine Sharp Microwave Freezer All tables, chairs and pictures in the clubroom Convection Oven and Stand Cash Register, Credit Card Machine, Computer in Pro Shop RFP 8417 City Park Nine Golf Course Page 45 of 43 EXHIBIT F CONCESSIONAIRE-PROVIDED PERSONAL PROPERTY RFP 8417 City Park Nine Golf Course Page 46 of 43 EXHIBIT G CITY OWNED DRIVING RANGE EQUIPMENT Range ball dispenser Office programing system All current range balls Range picker cart Range picker gang unit 2 ball washers 20 Country Club Elite range mats Assorted rubber tees, ball trays for use on mats 12 range ball barrels 35 range ball crates 20 bag stands All range ball baskets and stacking equipment Ropes, markers, signs RFP 8417 City Park Nine Golf Course Page 47 of 43 EXHIBIT H INSURANCE LIMITS 1. $1,000,000 -- Liquor Liability, per occurrence 2. $1,000,000-- Commercial General Liability with Combined Single Limit; $2,000,000 Aggregate 3. Statutory -- Workers’ Compensation Coverage A 4. $100,000/$500,000/$100,000 -- Workers’ Compensation Coverage B 5. $1,000,000 -- Products Liability RFP 8417 City Park Nine Golf Course Page 48 of 43 EXHIBIT I AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103 I, , swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date INTERNAL USE ONLY Valid forms of identification ---current Colorado driver’s license, minor driver’s license, probationary driver’s license, commercial driver’s license, restricted driver’s license, instruction permit ---current Colorado identification card ---U.S. military card or dependent identification card ---U.S. coast guard merchant mariner card ---Native American tribal document The following forms of identification may be accepted through February 28, 2007* ---original birth certificate from any state of the United States ---certificate verifying naturalized status by U.S. with photo and raised seal ---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport ---order of adoption by a U.S. court with seal of certification ---valid driver’s license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL, MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI ---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current I-551 stamp or visa, current foreign passport with I-94, I-94 with asylum status, unexpired Resident Alien card, Permanent Resident card or Employment Authorization card *A waiver may be available where no identification exists or can be obtained due to a medical condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver’s license. Contact your department director.