HomeMy WebLinkAboutRFP - 9013 COLLINDALE GOLF COURSE RESTAURANT CONCESSIONAIRERFP 9013 Collindale Golf Course Restaurant Concessionaire Page 1 of 47
REQUEST FOR PROPOSAL
9013 COLLINDALE GOLF COURSE RESTAURANT CONCESSIONAIRE
The City of Fort Collins is requesting proposals from qualified Concessionaires to manage and
operate the Restaurant/Snack Bar Concession at Collindale Golf Course, 1441 E. Horsetooth
Road, Fort Collins, CO 80525.
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
October 25, 2019 and referenced as Proposal No. 9013. If delivered, they are to be sent to
215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is City
of Fort Collins Purchasing Division, 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, Scott Phelps, at sphelps@fcgov.com,
no later than 5:00 PM MST (our clock) on October 16, 2019. Please format your e-mail to
include: RFP 9013 Collindale Golf Course Restaurant 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):
918-52 Food Service Consulting
961-115 Concessions, Catering, Vending: Mobile and Stationary
962-19 Cafeteria and Restaurant Services
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
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 9013 Collindale Golf Course Restaurant Concessionaire Page 2 of 47
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,
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 Concessionaires: The City requires new Concessionaires 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 Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9013 Collindale Golf Course Restaurant Concessionaire Page 3 of 47
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Concessionaires to manage
and operate the Restaurant/Snack Bar Concession at Collindale Golf Course, 1441 E.
Horsetooth Road, Fort Collins, CO 80525.
B. Background
In connection with the operation of Collindale Golf Course, the City has established a
clubhouse which includes a restaurant/snack bar area. The Culture, Parks, Recreation
and Environment Services Unit Golf Division within the Parks Department administers the
golf facilities for the City, and desires to grant to a contractual food and beverage
Concessionaire the use of the Concession Space/Area for the purpose of offering quality
food, non-alcoholic beverages, licensed alcoholic beverages, and related services
primarily to the golfers using Collindale Golf Course and, incidentally, to the public, for the
year 2020 with potential annual renewal options for the years 2021 through 2024; with
possible extensions of the original five-year term for up to five additional years if
performance is satisfactory and subject to City Council approval.
The main purpose of this Concession Space/Area is to provide quality food and beverage
services to the golfers who use Collindale Golf Course. The Golf Concessionaire provides
all employees and volunteers necessary to facilitate the full and efficient use and
management of the concession operations as described; and the Concessionaire owns
and sells the food and beverages, and related merchandise and services. For the last ten
years, the Concession Space/Area and Clubhouse has operated as a full-service type
restaurant open to the general public. During the months of April, May, June, July, August,
and September, golfers are the primary customers and they are not to be displaced by
any non-golfer related activities or functions unless approved by the Manager of Golf.
During the “off-season” from October through March, the Concession Space/Area and
Clubhouse may be used for general public use purposes, but golfers will always remain
as the primary customers.
CB & Potts has served as Concessionaire since 2009, and their current agreement expires
December 31, 2019. City Code prohibits multi-year contracts greater than five years
unless otherwise authorized by City Council. Therefore, a new competitive process is
required.
C. The Course/History
Collindale Golf Course was designed and constructed by Frank Hummel of Greeley for
the City of Fort Collins and was opened for play in 1971.
The course features some of the finest quality greens in the entire Rocky Mountain Region,
as well as fairly tight and flat, but great fairways with lots of trees. Facilities at Collindale
include a large driving range, a golf cart storage building (which may be converted to other
uses in the future), a residential house (which may be converted to other uses in the
future), maintenance buildings, a practice chipping green, practice putting green, and a
15,000 sq. ft. Clubhouse building and parking lot which opened in January, 2003. The
"Colorado Lodge look" modern clubhouse building and attached 1,200 square foot patio
deck includes a full-service kitchen, 8-stool bar and lounge, restaurant and dining area,
with seating for up to 142 people (62 in the main clubroom and 72 in the private dining
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room), and restrooms, all located on the upper level. The outdoor patio deck facing south
towards the course was doubled in size in 2009 in order to accommodate a full
complement of players for golf tournaments.
The Pro Shop, which is operated and managed by our contractual golf professional, Vince
Buelk, PGA, is also on the upper level, and has great visual access/control of the 1st and
10th tees and the 9th and 18th greens. In the lower level we have storage for up to 50
golf carts, limited women's and men's day-use lockers, restrooms, a women's lounge, and
long-term locker rentals; as well as several storage and repair rooms. The 170-space
parking lot is designed for multi-modal access accommodations. The quality of the golf
course at Collindale has always been very high, and the Collindale Clubhouse building
adds to that positive image and provides a total, modern, full-service municipal golfing
facility that our customers seem to desire and deserve.
Collindale has hosted local U.S. Open Qualifying, as well as both the Colorado High
School Girl’s and Boy’s State Championships, and is a perennial favorite for many State
amateur events including the PubLinx Tournament and the Women’s and Men’s State
Stroke Play Championships. Also Colorado State University and Poudre School District
High School teams practice, play, and enjoy the challenges at Collindale.
As previously noted, Collindale is a regulation-length 18-hole golf course. Since 2015, an
average of roughly 31,000 total rounds of golf at Collindale have been played annually,
with 60 percent of the rounds being 9-hole rounds and 40 percent being 18-hole rounds.
90 percent of the total rounds played annually have been by daily green fee golfers and
10 percent of the rounds have been played by annual pass golfers. These play statistic
ratios have remained fairly consistent in past several years.
II. SCOPE OF PROPOSAL
A. Scope of Work
1. Restaurant/Snack Bar
Historically, the menu of the Concessionaires has included breakfast such as eggs,
bacon, ham, sausage, biscuits and gravy, breakfast burritos, omelets, donuts, hash
browns, fruit, cereal, etc., and lunches/dinners have included hot dogs, hamburgers,
sandwiches both hot and cold, steaks, fish, salads, chili, fries, finger food and pitchers
of beer, etc. Tournament menus have included food such as prime rib when
requested. Beverages include coffee, tea, milk, juices, soft drinks, beer and wine, and
a full service liquor bar, etc. However, a new restaurant philosophy on menu items
can be submitted and will be considered. The City recommends the Concessionaire
incorporate the Dietary Guidelines for Americans, as outlined on
www.health.gov/dietaryguidelines. The Dietary Guidelines encourage Americans to
focus on eating a healthy diet — one that focuses on foods and beverages that help
achieve and maintain a healthy weight, promote health, and prevent disease.
In addition to restaurant/snack bar operations, Concessionaire must furnish two (2)
beverage carts, in order to provide food and beverage services on the grounds of the
course. The City will not allow the usage of City-owned golf carts for this purpose.
There are private businesses in the region that will lease or sell such mobile
beverage/snack golf carts to the Concessionaire, and the City requires the
Concessionaire to provide such a service to Collindale golfers on a continual basis
during the golfing day, as is profitable for the Concessionaire.
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Use of the private Dining Area may be leased from the Concessionaire at an agreed
upon rate from the City. All City sponsored events are exempt.
2. Minimum Hours of Operation
Concessionaire will provide daily food and beverage services in the Concession Space
during the months of April, May, June, July, August, and September; at a minimum,
the services shall be available from no later than 30 minutes prior to first tee time on
the tee sheet to no earlier than beyond sundown during these months.
During the “off season” months of October, November, December, January, February,
and March, the Concessionaire will operate the Concession space from no later than
30 minutes prior to the first tee time on tee sheet to no earlier than 5:00 p.m. daily, at
a minimum. However, the Concessionaire shall not be required to operate the
concession when the Golf Course is closed due to bad weather or other reason as
approved by the City.
3. Janitorial
The Concessionaire must also contract with a licensed professional janitorial company
to perform cleaning in the restaurant/snack bar area, including the clubhouse patio,
kitchen, office, storage areas, bar, wait areas, the private dining room, main floor
common entrances and hallways, trash enclosures, shipping and receiving areas and
elevator and must completely maintain the restrooms located on the main floor in the
clubhouse. All of these areas and the restrooms need to be maintained every day in a
high-quality manner to satisfy customer desires and Health Department requirements.
The cost of janitorial services will be the responsibility of the Concessionaire. The
minimum standards for cleaning frequencies are attached as Exhibit E to this
document. If these standards are not met the City will perform these services and the
cost will be the responsibility of the Concessionaire.
4. Liquor License
Currently an integral element of the Collindale Restaurant/Snack Bar Concession
operation is the sale of alcoholic beverages, which makes up a considerable portion
of the gross revenues generated. When a new Concessionaire is awarded the
Agreement, immediately after signing the Concession agreement document, the new
Concessionaire will make application for the existing Hotel-Restaurant with Optional
Premises liquor license to be transferred from the former Concessionaire into the
name of the new Concessionaire. Therefore, the new Restaurant/Snack Bar
Concessionaire must be able to fully qualify for this Hotel-Restaurant with Optional
Premises liquor license and will be subject to investigation(s) by the City of Fort Collins
Police Services and/or the State of Colorado. It could take several months before a
new Concessionaire receives final approval from the City Liquor Licensing Authority
for the transfer to be completed. Liquor cannot be sold or consumed during that period
of time unless a temporary license is issued. Failure to qualify for a liquor license or
failure to obtain such license within ninety (90) days after execution of an agreement
shall constitute a default.
With the Hotel-Restaurant with Optional Premises Liquor License the Concessionaire
may sell all types of alcoholic beverages at the course. However, the City has
determined that only beer in cans or plastic bottles will be allowed outside of the
buildings/patio deck on the grounds of the course, and the Manager of Golf will
determine on an individual basis whether mixed drinks, wine, or straight alcohol in non-
glass containers will be allowed for sale and consumption on the course. For purposes
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of the liquor license, the premises authorized through this license has historically been
defined to include “The Collindale Clubhouse building and adjacent outdoor Patio, and
the entire grounds of Collindale Golf Course.”
If you have any questions about the liquor license process, please contact Aimee
Jensen, City Liquor Licensing Specialist, at 221-6315. Also, you should contact your
insurance agent or broker regarding liquor liability insurance, as well as other required
insurance coverage for this concession.
B. Miscellaneous Information
1. The City will provide storage space for the two beverage carts.
2. There is a downstairs unheated storage space approximately 9’x17’ which can be
used by the Concessionaire for storage.
3. The dimensions of the banquet room are approximately 40'x29' and the dining room
dimensions are approximately 40'x23'. The dining room dimensions do not include
the tile walkways leading from the north and the west entrances, nor do they include
bar or the tile walkway between the bar and the table area.
4. The City will encourage the Concessionaire to do catering out of the facility in the off
season.
5. The restaurant space can be rented for functions when the golf course is not open
such as after dark in the winter for Holiday parties.
6. The City expects the Concessionaire to be environmentally conscious in their
practices and use of recycled content and compostable items.
7. The City will have the right to audit the Concessionaire’s records for the Collindale
Restaurant regardless of whether lump sum payments or percentage of sales is
proposed as payment to the City.
8. The equipment currently in the kitchen area which is owned by the City is stated in
Exhibit C of the Sample Agreement in Section IV and may be used by the
Concessionaire until such time as the equipment is no longer in useable condition, at
which time replacement of equipment will be at the Concessionaires expense and is
then owned by the Concessionaire.
9. The equipment stated in Exhibit D of the Sample Agreement in Section IV of this
RFP is the property of the incumbent concessionaire. In the event the contract is
awarded to a different concessionaire, the new concessionaire will be required to
furnish all required equipment as necessary and not otherwise provided by the City
in Exhibit C.
C. Key Areas of Responsibility
1. The Concessionaire shall control the conduct and demeanor of its agents and
employees. Upon objection from the City concerning conduct or demeanor of any such
person, the Concessionaire shall immediately take all lawful steps to address or
remove the cause of the objection. Also, if the City so requests, the Concessionaire
agrees to supply and require its employees to wear suitable attire and to wear or carry
badges or other suitable means of identification, the form for which shall be subject to
prior and continuing approval of the City.
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2. The Concessionaire acknowledges and agrees that certain services provided by the
Concessionaire will require that employees, agents, and volunteers 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 other members
of the general public. Accordingly, the Concessionaire agrees that all employees,
volunteers, and other representatives or agents of the Concessionaire in positions of
trust, as defined, shall be screened using the City’s contractual background screening
procedure, with such costs associated with said screenings to be fully paid by the
Concessionaire. The concessionaire shall also ensure each person in a position of
trust sign off that they have read and will abide by the City of Fort Collins Cash
Handling Policy.
3. The personal conduct of the Concessionaire and its staff has a direct impact on the
quality of performance. Unacceptable personal conduct/behavior by the
Concessionaire, as defined, can result in immediate or early termination of the
Agreement, as also defined.
4. The Colorado Legislature passed legislation which has been signed into law by the
Governor requiring compliance regarding employment of undocumented aliens. The
Concessionaire acknowledges and agrees that those statutory provisions that apply
will be followed. If there are any questions about these legal requirements,
Concessionaire agrees to consult with legal counsel.
5. The Concessionaire must maintain an adequate stock of supplies on hand for all
occasions as needed to supply the golfers’ needs. The primary purpose of the
concession area is to provide a service to the golfers. Creative thinking people who
will be there, be open, and be ready are important to the success of this operation.
Also, cooperation with the Golf Professional and Golf Course Superintendent is an
essential element of this operation.
6. The Concessionaire shall keep and maintain proper business records concerning
every aspect of the concession operation, and employee management, including
expenses and receipts. All records, including Income Tax Records are to be open for
inspection and audit by the City. Also, the concession operator must submit to the City
monthly complete operation records, as well as at the close of each operating season
showing all expenses and gross income.
7. The Concessionaire shall pay 35% of electric, water, sewer, storm water, trash and
recycling collection and 35% of natural gas services to the clubhouse and will be billed
monthly. The Concessionaire shall pay for all telephones, cash registers, POS
System, credit card machines, ATM’s, additional customer televisions, cable or
satellite service, expanded security systems. The concessionaire will be responsible
for snow removal in the areas highlighted on the Exhibit H titled snow removal plan.
8. The Concessionaire shall submit to the City for review a list of all prices and items
which are to be sold at the concession area. Prices and items may be changed or
increased periodically, but any and all changes/increases must be reviewed by the
Manager of Golf.
9. Smoking instruments and tobacco products of any kind will not be sold at the
restaurant/snack bar, clubhouse, or on the grounds of the golf course. Smoking is not
permitted on City premises.
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10. The operation of the concession granted under the agreement shall, at all times,
conform with all applicable State and Federal laws and regulations, and municipal
ordinances, as well as all rules, regulations, policies, and procedures as adopted by
the City of Fort Collins, or any of its Boards, Services Areas, Service Units,
Departments, or Divisions having jurisdiction over golf courses.
D. Minimum Qualifications
The Concessionaire must have operated a similar type of business for more than two (2)
years within the past five (5) years, or have sufficient other similar past experience to
satisfy, in the judgment of the Committee, to meet this requirement.
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 2, 2019
• Question deadline: 5:00 PM MST on October 16, 2019
• Proposal due date: 3:00 MST (our clock) on October 25, 2019
• Interviews (tentative): 2nd Week of November 2019
• Award of Contract (tentative): End of November 2019
• Agreement Effective Date: January 1, 2020
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.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
G. Proposal Format
Please limit the total length of your proposal to a maximum of thirty-five (35) double sided
or seventy (70) single sided 8 ½ x 11” pages (excluding cover pages, table of contents,
dividers and Concessionaire Statement form). 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. Proposals
that do not conform to these requirements may be rejected.
H. Financial Qualifications (CONFIDENTIAL)
The financial condition of the Concessionaire must be of such standing that adequate
staffing, supplies and appropriate operational permits as necessary can be
purchased/obtained in order to open the concession area for full business no later than
January 1, 2020. The premise is defined as the Golf Clubhouse and adjacent Patio, and
the entire Golf Course grounds of the Collindale Golf Course. Tangible proof of financial
ability to operate this concession will be required if you are interviewed.
Concessionaires are to submit the most recent financial statement (audited preferred)
including balance sheet and income statement, as well as a statement of cash flows. Also
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provide a banking reference (name, address and phone number). The financial
information shall be submitted in a separate file marked Confidential. These financial
documents will be kept confidential.
I. Taxes, Fees, Licenses
The successful Concessionaire must obtain and pay for all licenses and taxes necessary
for the operation and must obtain a Hotel-Restaurant with Optional Premises Liquor
License for alcoholic beverage sale and consumption. All equipment shall be properly
licensed and insured, carry the appropriate permits and be placarded as required by law.
The Concessionaire shall also provide and pay for any Worker’s Compensation, Social
Security withholding, payroll taxes, Possessory Interest Tax, and/or any other taxes that
might be required by government authorities.
J. Laws and Regulations
The Concessionaire agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances.
K. Concession Fee Payment
The Concessionaire will pay to the City a monthly fee based on the Concessionaire’s
proposed percentage of Concessionaire’s gross sales for exclusive use of the
concession area. This fee will be subject to annual increases based on the
Denver/Boulder Consumer Price Index. Payments must be submitted monthly by the 15th
of each month. Payment 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 Accounting Department at 215 N Mason St, P.O. Box 580, Fort Collins,
Colorado, 80522. Past due amounts will be assessed an (20%) per annum late fee
based on the outstanding balance.
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 firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
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B. Concessionaire Information
1. Describe the Concessionaire’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section V,
Concessionaire Statement.
C. Scope of Proposal
1. Provide an overview of your plans to operate the concession. The narrative should
include any options not previously addressed in the scope of work that may be
beneficial for the City to consider.
2. Provide a Business Plan for 2020.
3. Outline your plans to operate the concession with regards to your personal
involvement and/or the use of a manager(s) on-site.
4. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
D. Firm Capability
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. Describe your qualifications to perform the service. You may attach a copy of your
resume if you desire.
2. What is your financial ability for providing services and products at the concession
site as per the Scope of Work?
3. Three references (current contact name, current telephone number and email
address) from that Concessionaire has worked with in the past five (5) years and that
are familiar with the staff proposed to work on this project. Provide a description of
the nature of the relationship between Concessionaire and each reference. The
Concessionaire authorizes City to verify any and all information contained in the
Concessionaire’s submittal from references contained herein and hereby releases all
those concerned providing information as a reference from any liability in connection
with any information they give.
E. Assigned Personnel
1. Describe the qualifications you would require for your on-site staff, and your
approach to hiring and retaining quality employees.
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2. Describe your management organization for the operation of the concession. Outline
the number of personnel and their corresponding job types that you anticipate
needing for the successful operation of the concession. Describe how you will
handle business volume fluctuations from a staffing standpoint between the on and
off seasons.
3. If you already have staff that would perform services under this agreement, please
provide a list of Project Personnel: This list should include the identification of the
contact person with primary responsibility for this Agreement, the personnel
proposed for this Agreement, and any supervisory personnel already identified and
their individual areas of responsibility.
F. Menu
1. Describe your assessment of the needs at Collindale golf Course with respect to
food and beverage services, both inside the clubhouse as well as outside on the golf
course.
2. What is your philosophy in choosing the food and beverages to be provided? How do
you approach menu variety, the need for healthier products, etc.
3. Describe how you will manage the sale of alcoholic beverages to customers and
ensure that your staff are fully compliant with all applicable rules and regulations at
all times.
4. Provide a sample of your proposed menu and beverage items with the conceptual
pricing structure.
G. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe how your organization strives
to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the
workplace. See Section IV: Review and Assessment for additional information.
If possible, please highlight areas of opportunity where sustainability could be applied
and/or improved.
H. Concession Fee
Historically, Concessionaires have paid to the City an annual cash and/or in-kind
contribution, percentages or a minimum guarantee (whichever was greater), for the
privilege of operating the food and beverage concession. Therefore, in consideration of
the aforementioned:
1. Outline your proposed concession fee that will be paid to the City, and describe your
assessment and analysis used to determine your proposed fee.
I. Additional Information
Provide any information that distinguishes Concessionaire from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Concessionaire’s proposal.
Explain any concerns Concessionaire may have in maintaining objectivity in
recommending the best solution. All potential conflicts of interest must be disclosed.
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Exceptions to the Scope of Services and City Concession Agreement (a sample of
which is attached in Section VI) shall be documented.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Concessionaires will be evaluated on the following criteria. These criteria will be the basis
for review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Concessionaires may be conducted.
MAXIMUM
POINTS QUALIFICATION STANDARD
25 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the requested services? Is the
proposed Business Plan comprehensive and
reasonable? Is the proposed management and
general communication approach reasonable for
successful operation of the concession?
10 Firm Capability
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope?
15 Assigned Personnel
Does the management structure seem adequate
to ensure consistent, quality services are
provided? Does the hiring policy adequately
ensure that concessionaire’s personnel have the
necessary skills and qualifications? Is the
proposed staffing level reasonable to meet the
operational needs of the concession on both the
on and off seasons?
15 Menu
Does the proposed menu offer a variety of food
options? Does the vendor offer a variety of
alcoholic and non-alcoholic beverages? Are the
appropriate procedures and staff training
outlined to ensure the safe and legal sale of
alcoholic beverages? Does the proposed menu
pricing seem reasonable and in line with pricing
for similar fare in the restaurant industry?
10 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
RFP 9013 Collindale Golf Course Restaurant Concessionaire Page 13 of 47
25 Concession Fee
Does the proposed concession fee seem
reasonable for compensating the City while also
ensuring the Concessionaire can successfully
operate the concession? Is the proposed
concession fee comparable to historical fees for
this concession and similar?
100 Total Points Possible
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
B. 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?
Customer Satisfaction &
Communication
Was the Concessionaire responsive to client and
customer needs? Did the Concessionaire anticipate
problems? Were problems solved quickly and
effectively? Were the customers satisfied with the
products and services provided?
Staffing
Did the Concessionaire provide adequate staffing
levels to meet the required service needs? Were
staff courteous, knowledgeable and demonstrative of
the skills necessary to perform their roles?
Finances
Did the Concessionaire demonstrate consistent
financial capability to provide agreed upon services?
Were payments made as agreed to?
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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.
Legal 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.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
COLLINDALE GOLF COURSE
RESTAURANT/SNACK BAR CONCESSION AGREEMENT
This 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, hereinafter called "City," and, , hereinafter called "Concessionaire."
ARTICLE 1 Concession Space
1.1 Definition of Concession Space. For the purposes of this Agreement, the "Concession
Space" means the following areas at the Collindale Golf Course, 1441 East Horsetooth
Road:
1.1.1 The kitchen, bar, and wait area on the main floor of the Collindale Clubhouse
building as depicted on Exhibit A attached hereto and incorporated herein by this
reference.
1.2 Use of Concession Space. The Concessionaire shall have the use of the Concession
Space for the purpose of offering food, non-alcoholic beverages, licensed alcoholic
beverages, and related services primarily to golfers using the Collindale Golf Course and,
incidentally, to the public.
ARTICLE 2 Concessionaire's Use of the Clubhouse and the Concession Space
2.1 In General. Subject to other limitations expressed in this Agreement, the City grants to
Concessionaire the right to exclusive use of the Concession Space and the right to use in
common with others the public areas of the Clubhouse building and the grounds of the
Collindale Golf Course in conjunction with its food and beverage operations (and for no
other purpose) in such spaces and manner as may be prescribed by the City.
2.2 Smoking Prohibited. Pursuant to the Fort Collins City Code, smoking is prohibited in the
Concession Space, and no person shall smoke outside within twenty (20) feet from any
entrance, passageway, operable window or ventilation system of the Concession Space,
including outdoor patios unless such person is passing through the area, without stopping,
en-route to another destination. The Concessionaire shall inform persons violating this
provision of the applicable law and request their compliance.
2.3 Restriction on Items Offered for Sale. Concessionaire may offer such non-food or non-
beverage items as are incidental to its food and beverage service, except for smoking
instruments and tobacco products, pursuant to section 2.2.
2.4 Compliance with Applicable Law. The Concessionaire agrees to comply fully with all
applicable state and federal laws and regulations and municipal ordinances, as well as all
RFP 9013 Collindale Golf Course Restaurant Concessionaire Page 16 of 47
rules and regulations, policies, and procedures adopted by the City or any of its Boards,
Service Areas, Service Units, Divisions or Departments having jurisdiction over Collindale
Golf Course.
ARTICLE 3 Rights of Ingress and Egress
3.1 In General. The Concessionaire shall have the right of ingress and egress to and from the
Clubhouse and Concession Space for Concessionaire's employees, agents and invitees
to the extent reasonably necessary in connection with the conduct of Concessionaire's
business under this Agreement. Areas designated as restricted areas by the City shall be
excluded.
3.2 Closures. The City may, at any time, temporarily or permanently, close or consent to or
request the closing of any roadway or any other way at, in, or near the Clubhouse or
Collindale Golf Course, presently or hereafter used as such, so long as a reasonable and
safe means of ingress and egress remains available to Concessionaire.
ARTICLE 4 Undertakings of Concessionaire
4.1 Service. Concessionaire agrees as follows:
4.1.1 The Concessionaire shall furnish and pay for all equipment, except as otherwise
provided by the City pursuant to Article 9, all goods, labor, transportation,
supervision and services necessary to provide food and beverage services in
accordance with this Agreement.
4.1.2 Services provided by the Concessionaire shall include the maintenance of an
adequate stock of food and beverage supplies, condiments, dishes, silverware,
napkin dispensers, salt and pepper shakers, cups and glassware, and any kitchen
utensils, janitorial supplies for the main floor or bar equipment if necessary to serve
the demand for such items at the Collindale Golf Course, as well as paying for all
cable and/or satellite television services in the Clubhouse except for the Pro Shop.
4.1.3 Concessionaire acknowledges the desire and obligation of the City to provide the
public high quality food and beverages and a high level of public service. Therefore,
Concessionaire agrees to offer for sale from the Concession Space only good
quality food and beverages at fair and competitive pricing, relative to comparable
restaurant facilities in Fort Collins. If, in the reasonable opinion of the City; the
pricing is not comparable, or the selection of items offered is inadequate or not of
good quality, or if any of the items are found to be objectionable for display and/or
sale in a public facility, then the pricing shall change or the items shall be removed
or replaced as reasonably required by the City. The City Representative shall meet
and confer with Concessionaire regarding such matters. Failure of Concessionaire
to correct, rectify or modify its prices or quality within seven (7) days of advised in
writing to do so shall be cause for the City to declare Concessionaire in default.
Notwithstanding the forgoing, if the City and the Concessionaire cannot agree, after
RFP 9013 Collindale Golf Course Restaurant Concessionaire Page 17 of 47
conferring in good faith, upon the adequacy, quality and/or pricing of any food or
beverage item then, in such event, the parties agree to submit to a mutually agreed
upon mediation procedure.
4.1.4 Concessionaire shall submit to the City for review a list of all items to be sold in the
concession space, and proposed prices for all such items. The Concessionaire
shall submit to the City in writing all subsequent item and price changes.
4.2 Hours of Operation. Subject to the exception for inclement weather expressed in 4.2.2
below, the Concessionaire will be required to provide daily food and beverage services in
the Concession Space during the months of April, May, June, July, August, and
September; at a minimum, the services shall be available from no later than 30 minutes
prior to first tee time on the tee sheet to no earlier than beyond sundown during these
months.
4.2.1 The parties agree that the hours of operation during the months of November,
December, January, February, and March shall be from no later than 30 minutes
prior to first tee time on the tee sheet to no earlier than 5:00 p.m. daily, at a
minimum. However, the Concessionaire shall not be required to operate the
concession when the Golf Course is closed due to bad weather or other reason as
approved by the City.
4.2.2 Throughout the year, Concessionaire may, in its own discretion, close the
concession during inclement weather, or provide less than a full-service operation
pending customer demand during specified times, unless the closure or service
level is objected to by the City.
4.3 Special Events Option. Concessionaire shall have the first option, upon request by the
City or the Collindale Golf Professional, but shall not be obligated, to provide luncheons or
other meals for special occasions, including but not limited to association meetings and
tournaments. In the event such a request is made and Concessionaire elects not to
provide such services, the City or the Collindale Golf Professional may provide food and
non-alcoholic beverage services through other means. Such services shall not make use
of the Concession Space, unless approved by Concessionaire.
4.4 Concessionaire Personnel. Concessionaire shall control the conduct and demeanor of its
agents and employees. If the City so requests, Concessionaire agrees to supply and
require its employees to wear suitable attire and to wear or carry badges or other suitable
means of identification, the form of which shall be subject to prior and continuing approval
of the City. Nothing in this Section 4.4, Exhibit B attached hereto, or any other provision
of this Agreement as it concerns Concessionaire's obligation to control the conduct and
demeanor of its employees and agents is intended by the parties to benefit any third party,
including without limitation, any member the public. The Concessionaire shall have such
liability to third parties as may be ascribed to them by law (if any), and nothing in this
Agreement shall be construed or interpreted to alter, modify or expand such liability.
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4.4.1 The Concessionaire agrees to provide to the City at all times a current list of
employees, volunteers, and other representatives or agents of Concessionaire that
will be working on behalf of the Concessionaire in providing services to the City
under this Agreement. The Concessionaire shall keep a written record of all hours
worked by volunteers and provide this information to the City on a monthly basis or
upon request. The Concessionaire and the City acknowledge and agree that
certain services provided by Concessionaire will require that employees,
volunteers, 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 facilitate, prior to acceptance of
employment, background screening of all employees, volunteers, and other
representatives or agents of the Concessionaire at Concessionaire’s expense.
4.4.2 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 volunteer in connection
with the services or activities required or permitted under this Agreement.
4.4.3 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,
religion, national origin, age, sex, sexual orientation or disability, including any
breach of the terms set forth in Exhibit F, attached hereto;
D. Falsification, unauthorized use or destruction of City records, reports or other
data or information belonging to the City;
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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.
4.5 Statements, Recordkeeping and Audits.
4.5.1 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 CPP 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 CPP, at the City's election, all records, books and
relevant related information as may be required for audit purposes.
4.5.2 Concessionaire shall submit annual financial statements for the prior year to the
designated City representative on or before April 15th.
4.6 Physical Interference. Concessionaire shall not do, nor permit to be done, anything which
may interfere with the effectiveness or accessibility of the drainage system, sewerage
system, fire protection system, sprinkler system, alarm system and fire hydrants and
hoses, if any, installed or located in the Clubhouse or elsewhere at Collindale Golf Course.
4.7 Taxes. Concessionaire agrees to pay all local, state and federal social security,
unemployment insurance, sales, use, personal property, possessory interest, and other
taxes, assessments and payments-in-lieu that, during the term of this Agreement or any
extension hereof, may become a lien of which may be levied or charged by the State,
County, City of Fort Collins or other tax-levying body upon or with respect to the
Concession Space or Collindale Golf Course, upon any taxable interest acquired by the
Concessionaire in this Agreement, or any taxable possessory right which Concessionaire
may have in or to the Concession Space or facilities or the improvements thereon, by
reason of Concessionaire's occupancy or use thereof, or otherwise, as well as all taxes on
taxable property, real or personal, owned by Concessionaire or taxes on Concessionaire's
operations or activities in or about the Concession Space, Clubhouse, or elsewhere at
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Collindale Golf Course. However, except as otherwise permitted by this Agreement, no
charges, fees or taxes of any nature shall be imposed by the City solely upon
Concessionaire for exercising any right or privilege granted by the City to Concessionaire
in this Agreement with respect to the use of the Concession Space and Clubhouse.
Nothing herein shall prevent Concessionaire from protesting, through due process, any
taxes levied.
4.8 Licenses. Concessionaire agrees to obtain, maintain, and pay for all licenses necessary
in connection with its operation, including but not limited to, a County Health Department
Food Services Establishment inspection, a Hotel-Restaurant with Optional Premises
Liquor License, and a City business license and/or occupation license. The parties agree
that Concessionaire's failure to obtain a liquor license or other required license within
ninety (90) days of execution of this Agreement will result in the immediate termination of
this Agreement. Concessionaire must maintain any license necessary for its operations
pursuant to this Agreement and any failure to do so will constitute a default of this
Agreement.
4.8.1 Any such licenses held by the Concessionaire in connection with this Agreement
shall be surrendered by the Concessionaire upon termination of this Agreement.
4.8.2 Upon Concessionaire's surrender of all licenses and acquisition of new licenses by
such replacement concessionaire as the City may select, the City shall reimburse
Concessionaire for such proportional amount of the cost of the license as may be
attributable to any remaining period which may exist from the date of
Concessionaire's surrender to license expiration.
4.8.3 For the purpose of the Hotel-Restaurant with Optional Premises Liquor License,
the "premises" shall be defined to include the Collindale Clubhouse building and
adjacent outdoor Patio, and the entire grounds of Collindale Golf Course.
4.9 Vending Machines/Beverage Carts. This Agreement does not contemplate
Concessionaire's use of vending machines to supply food, beverages or incidental items
during the April through September golf season. Any installation or use of vending
machines is subject to the prior written consent of the City Representative.
4.9.1 Concessionaire shall be required to provide and operate a minimum of two (2)
beverage/food carts in order to provide food and beverage services on the grounds
of the golf course from April through September when a sufficient number of
customers, as determined by the City, are golfing. City-owned or leased golf cart
or maintenance vehicles shall not be used for this purpose unless approved by the
City.
4.10 Marketing. Concessionaire shall cooperate with and be responsive to the City’s Marketing
staff regarding marketing efforts associated with the Collindale Golf Course.
ARTICLE 5 Employing Illegal Aliens
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5.1 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Concessionaire represents and agrees that:
5.1.1 As of the date of this Agreement:
1. Concessionaire does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Concessionaire will participate in either the e-Verify Program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department
of Homeland Security (the "e-Verify Program") or the Department Program (the
''Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
5.1.2 Concessionaire shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform
work under this Agreement.
5.1.3 Concessionaire is prohibited from using thee-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants
while this Agreement is being performed.
5.1.4 If Concessionaire obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Concessionaire shall:
1. Notify such subcontractor and the City within three days that Concessionaire
has actual knowledge that the subcontractor is employing or contracting with
an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does
not cease employing or contracting with the illegal alien; except that
Concessionaire shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
5.1.5 Concessionaire shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of
an investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
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5.1.6 If Concessionaire violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement.
If this Agreement is so terminated, Concessionaire shall be liable for actual and
consequential damages to the City arising out of Concessionaire's violation of
Subsection 8-17.5-102, C.R.S.
5.1.7 The City will notify the Office of the Secretary of State if Concessionaire violates
this provision of this Agreement and the City terminates the Agreement for such
breach.
ARTICLE 6 Term
6.1 Period. The term of this Agreement shall commence January 1, 2020 and, unless
terminated sooner, shall expire on December 31, 2020.
6.2 Renewal -- 2021. This Agreement shall be automatically renewed for a period from January
1, 2021, until December 31, 2021, unless the Concessionaire is in default beyond any
applicable cure period or unless one party serves written notice to the other party of its
intention to terminate the Agreement, provided such written notice must be served at least
ninety (90) days prior to December 31, 2021.
6.3 Renewal -- 2022. This Agreement shall be automatically renewed for a period from
January 1, 2022, until December 31, 2022, unless the Concessionaire is in default beyond
any applicable cure period or unless one party serves written notice to the other party of
its intention to terminate the Agreement, provided such written notice must be served at
least ninety (90) days prior to December 31, 2022.
6.4 Renewal -- 2023. This Agreement shall be automatically renewed for a period from
January 1, 2023, until December 31, 2023, unless the Concessionaire is in default beyond
any applicable cure period or unless one party serves written notice to the other party
of its intention to terminate the Agreement, provided such written notice must be served
at least ninety (90) days prior to December 31, 2023.
6.5 Renewal-- 2024. This Agreement shall be automatically renewed for a period from January
1, 2024, until December 31, 2024, unless the Concessionaire is in default beyond any
applicable cure period or unless one party serves written notice to the other party of its
intention to terminate the Agreement, provided such written notice must be served at least
ninety (90) days prior to December 31, 2024.
6.6 Holding Over. In the event that the Concessionaire, or its successor in interest, if any,
shall remain beyond the term set forth herein, although no right to remain is given by this
Article, it is the intention of the parties and it is hereby agreed that a right of use from
month-to- month shall then arise subject to all provisions and conditions of this Agreement
in connection with such right, except that the City shall have the right, acting reasonably,
to determine reasonable fees for any holdover period; provided, however, such fees shall
not increase by more than ten percent (10%).
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ARTICLE 7 Fee For Conducting Business
7.1 Concession Fee. For the privilege of conducting the concession operations hereunder,
and the exclusive use of the Concession Space, the Concessionaire shall pay to the City
% of Gross Sales, where Gross Sales are all taxable sales as reported on the City
of Fort Collins monthly sales tax return, as the Concession Fee. The % Concession
Fee shall become effective January 1, 2020.
7.2 Time of Payment. The Concessionaire shall pay the Concession Fee no later than fifteen
(15) calendar day of each month.
7.3 Interest on Past Due Amounts. Concessionaire shall pay interest on all past due amounts
at the rate of eighteen percent (20%) per annum from the due date, until paid.
7.4 Method of Payment. Payment for all fees under Article 7 shall be by check or money order
payable to the order of "City of Fort Collins-- Golf" and shall be mailed or personally
delivered to the City of Fort Collins Accounting Department at 215 N Mason St, P.O. Box
580, Fort Collins, Colorado, 80522.
ARTICLE 8 Utilities, Maintenance and Janitorial Duties
8.1 Utilities. The Concessionaire shall reimburse the City 35% of the natural gas, water,
sewer, storm water, trash collection, and electric services to the Clubhouse building and
that payment shall be due by the 15th of each month for previous month usage.
8.2 Maintenance and Repair. The City shall maintain and repair the Clubhouse building and
Concession Space. The Concessionaire shall be responsible for all repairs to kitchen
equipment and fixtures defined in Article 9 and listed in Exhibits C and D. The equipment
currently in the kitchen area which is owned by the City as set forth on Exhibit C may be
used until such time as the equipment is no longer in useable condition, at which time
replacement of equipment will be at the Concessionaires expense and is then owned by
the Concessionaire. The City owned hood and grease trap shall remain the property of
the City. The Concessionaire shall clean the hood system and grease trap at least four
times per year. Notwithstanding anything to the contrary contained herein, the City shall
not in any way be liable to the Concessionaire for failure to make repairs as herein
specifically required of it unless the Concessionaire has previously notified the City in
writing of a need for such repairs, and the City has failed to commence and complete said
repairs within a reasonable period of time following receipt of the Concessionaire's written
notification.
8.2.1 The Concessionaire shall neither hold nor attempt to hold the City liable for any
injury or damage, either approximate or remote, occasioned through or caused by
defective electrical wiring or the breaking or stoppage of plumbing or sewage upon
the Concession Space/Area, whether said breakage or stoppage results from
freezing or otherwise.
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8.3 Cleaning and Janitorial. The Concessionaire shall keep the Concession Space and its
fixtures clean and in good sanitary condition as required by the ordinances, resolutions,
and statutes and health, sanitary and police regulations of the City of Fort Collins, County
of Larimer and State of Colorado.
8.3.1 Concessionaire shall thoroughly clean the entire Concession Space, including all
equipment and fixtures, whether provided by the City or Concessionaire, the grills
and exhaust, ovens, floors, sinks counters, refrigerators, grease trap and all coils,
at least four times per year at minimum on the following schedule: once prior to,
once during, and once after the close of the April through September golf season,
and one additional time during the October to March off-season.
8.3.2 Concessionaire is responsible for the ongoing cleanliness of the Concession Space
in order to provide a clean and orderly appearance for golfers and the public,
including but not limited to, busing and cleaning tables, chairs, patio deck, floor
areas and common areas/hallways, removing trash accumulations to designated
trash containers, and cleaning and stocking designated restrooms located in the
clubhouse second floor, and the patio deck. The concessionaire will contract out
these services at their expense.
8.3.3 Concessionaire shall deep clean the carpeting at least two (2) times per year and
more frequently as required.
8.3.4 Concessionaire is responsible for snow removal on the walks leading to the
restaurant. The City will plow the parking lot when two or more inches of snow
accumulate.
ARTICLE 9 Acceptance and Trade Fixtures
9.1 Concession Space, City Equipment and Fixtures. In addition to the Concession Space,
the City shall provide the following:
9.1.1 Lighting fixtures for general area illumination; and
9.1.2 Heat and air conditioning.
9.2 Acceptance. On the date of commencement of this Agreement, Concessionaire shall
acknowledge that it accepts the Concession Space as well as any City equipment and
fixtures "as is."
9.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit D,
attached hereto and made a part hereof, no equipment, trade fixtures, signs or other
personal property used by Concessionaire in its business, whether or not attached to the
Clubhouse or any improvements thereon, shall be installed without the prior written
approval of the City.
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9.4 Removal of Equipment, Trade Fixtures. Concessionaire shall have the right at any time
during the term of this Agreement or upon termination and within ten (10) days thereafter,
to remove all trade fixtures, equipment and other personal property subject to any valid
lien the City may have thereon for unpaid rents or installation of equipment in lieu of
Concession Fee pursuant to Article 7. Any property not so removed by Concessionaire
upon termination shall become a part of the realty on which it is located, and title thereto
shall vest in the City.
9.5 Title to Improvements. Upon installation or erection of Improvements, such improvements
(but excluding any of Concessionaire's personal property and trade fixtures which are
attached or affixed thereto) shall become a part of the realty upon which they are erected,
and title thereto shall vest in the City. Upon vesting, the Improvements become part of the
Concession Space and are subject to the terms applicable to the Concession Space within
this Agreement.
9.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal
property installed by Concessionaire shall be subject to and conform in all respects to the
applicable statutes, ordinances, building codes, rules and regulations of all governmental
agencies which have jurisdiction over such matters.
ARTICLE 10 Damage by Concessionaire
10.1 The Concessionaire shall be liable for and shall repair, replace or cause to be repaired or
replaced within fifteen (15) days after occurrence, any damage to the Clubhouse, including
the Concession Space, or to City's property, equipment and fixtures (defined in Article 9)
caused by Concessionaire, its officers, agents, employees or anyone acting under its
direction and control, ordinary wear and tear excepted. All repairs or replacements shall
be made promptly and when necessary and shall be in a quality and of a class at least
equal to the original. If the damage for which Concessionaire is liable is to the Concession
Space, Concessionaire shall continue to be liable for all rent/fees owed for the Concession
Space. Concessionaire shall also return the Concession Space to the City in as good of
a condition as when possession of it was delivered to Concessionaire, reasonable wear
and tear excepted. Any reasonable costs the City incurs in disposing of Concessionaire’s
personal property and fixtures, and in repairing any damages to the Concession Space in
excess of reasonable wear and tear, shall be paid by Concessionaire to the Client within
fifteen (15) days of it receiving the City’s written statement of such costs.
ARTICLE 11 Total or Partial Destruction
11.1 Concession Space or Other Major Component Rendered Untenantable. In case, during
the term of this Agreement, the Concession Space, Clubhouse, Golf Course or any
principal part of any one of them shall be destroyed or shall be so damaged by fire, flood
or other casualty so as to be rendered untenantable or unusable as determined by the
City:
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11.1.1 Then, in such event, at the option of the City or Concessionaire, the term hereby
created shall cease; and this Agreement shall become null and void from the date
of such damage or destruction; and Concessionaire shall immediately surrender
the Concession Space and its interest therein to the City; provided, however, that
the City or Concessionaire shall exercise such option to so terminate this
Agreement by notice, in writing, delivered to the other party within thirty (30) days
after the City's determination of untenantability or unusability.
11.1.2 In the event neither the City nor Concessionaire shall elect to terminate this
Agreement, this Agreement shall continue in full force and effect; and the City shall
repair the Concession Space, Clubhouse, or Golf Course excluding Improvements
or equipment, signs, trade fixtures or other personal property installed by
Concessionaire, with all reasonable speed, placing the same in as good a condition
as it was at the time of the damage or destruction.
11.2 Concession Space Only Untenantable. In the event of destruction rendering only the
Concession Space untenantable, the City shall endeavor, but not be obligated to make
substitute premises available for Concessionaire's use. During any period of use by
Concessionaire of such substitute Concession Space, the City may direct that the
Concessionaire's Fee shall be abated proportionately.
11.3 Components Tenantable. If the Clubhouse, Concession Space or Golf Course shall be
only injured by fire or the elements to such extent so as not to render the same
untenantable and unfit for use and occupancy, the City shall repair the same with all
reasonable speed.
11.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Concessionaire shall remove all rubbish, debris, merchandise, furniture, furnishings,
equipment and other items of its personal property within five (5) days after request being
made by the City.
11.5 Exception for Damage Caused by Concessionaire. In the event of damage caused by
Concessionaire as more specifically addressed in Article 10 of this Agreement, the
provisions of Article 10 shall govern in any conflict between Article 10 and Article 11.
11.6 No Claim by Concessionaire. No compensation or claim shall be made by or allowed to
Concessionaire by reason of any inconvenience or annoyance arising from the necessity
of repairing any portion of the Clubhouse or Collindale Golf Course, however the necessity
may occur.
ARTICLE 12 Indemnification and Insurance
12.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or
injury, including cost of suit and reasonable expenses of legal services, claimed or
recovered by any person whomsoever or whatsoever as a result of any operations, works,
acts or omissions performed within Collindale Golf Course and Clubhouse by
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Concessionaire, its agents, employees or contractors unless caused by the negligence or
willful misconduct of the City, its employees, agents or contractors.
12.2 Indemnification. Concessionaire covenants that it will indemnify and hold the City
harmless from all claims, demands, judgments, costs and expenses, and legal fees
including attorneys' fees, claimed or recovered (whether justly, unjustly, falsely,
fraudulently or frivolously) by any person by reason of injury to or death of any individual
person or persons, or by reason of damage to, destruction or loss of use of any property,
including City's personnel and City's property, directly or indirectly arising out of, resulting
from or occurring in connection with any operations, works, acts or omissions of
Concessionaire. As used herein, the term "Concessionaire" includes the respective
directors, officers, agents, employees, contractors and subcontractors of Concessionaire.
In the event a subcontractor performs any work under this Agreement, the Concessionaire
shall be responsible for any liability directly or indirectly arising out of the work performed
by such subcontractor.
12.3 Intellectual Property Representation. Concessionaire represents that it is the owner of or
is fully authorized to use any and all services, processes, machines, articles, makes,
names or slogans used by it in its operation or in any way connected with this Agreement.
12.4 Concessionaire Insurance. Without limiting any of the Concessionaire's obligations
hereunder, the Concessionaire shall provide and maintain insurance coverage naming the
City as an additional insured under this Agreement as specified in Exhibit E, which is
attached hereto and incorporated herein by this reference.
12.5 Precautions Against Injury. The Concessionaire shall take reasonable precautions in
performing the operations hereunder to prevent injury to persons and property.
12.6 Failure to Insure. Neither the failure of Concessionaire to take out and/or maintain, nor the
taking out and/or maintenance of any required insurance shall relieve Concessionaire from
any liability under this Agreement, nor shall the insurance requirements be construed to
conflict with the obligations of Concessionaire concerning indemnification. In the event the
Concessionaire fails to maintain insurance required hereunder, the City may, at its option,
take out and maintain at the expense of the Concessionaire such insurance as the City
may deem proper. The City may offset the cost of any such insurance from any monies
that may be due or become due to the Concessionaire under this Agreement.
ARTICLE 13 No Interest in Real Property
13.1 Concessionaire agrees that this Agreement constitutes merely a right to use and occupy
the Concession Space for a limited purpose and does not create or convey to
Concessionaire any interest in real property.
ARTICLE 14 Assignment
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14.1 The Concessionaire shall not assign this Agreement, sublet or otherwise allow any person
to take possession of all or any portion of the Concession Space without prior written
consent of the City. Any transfer of Concessionaire's interest by operation of law, merger,
consolidation, or other method is void and ineffective unless Concessionaire obtains
written consent of the City.
ARTICLE 15 Right of City to Enter, Inspect and Make Repairs
15.1 In General. City and its authorized employees, agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the
circumstances and with as little interruption to Concessionaire's operation as is reasonably
practicable) to enter upon any part of the Concession Space for the following purposes:
15.1.1 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 the premises;
15.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
15.1.3 To make structural additions and alterations.
15.2 Obstruction by City. All entries made for the purposes enumerated above shall, except as
otherwise provided in Article 11, Total or Partial Destruction, be without abatement of rent
for damage for inconvenience. However, in the event any entry by City in the Concession
Space for the purpose of making repairs or alterations as provided for in Section 15.1.2
above (other than repairs necessitated as a result of damage by Concessionaire under
Article 10) constitutes a substantial obstruction to and impairment of Concessionaire's right
of use of such Concession Space, then Concessionaire shall be entitled to a fair and just
abatement of the rent/fees for such premises during the period required by City to make
such repairs.
15.3 Obstruction by Concessionaire. In the event that any personal property of Concessionaire
shall obstruct the access of the City, its officers, employees, agents or contractors, or a
utility company furnishing utility service to any of the existing utility, mechanical, electrical
and other systems, and thus shall interfere with the inspection, maintenance or repair of
any such system, Concessionaire shall move such property, as directed by the City or
utility company, in order that access may be had to the system or part thereof for
inspection, maintenance or repair. If Concessionaire shall fail to so move such property
after direction from the City or said utility company to do so, the City or the utility company
may move it without liability for damage sustained in moving.
15.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article, by
the City, or others under right of the City, shall not be, nor be construed to be, an eviction
of Concessionaire, nor be made the grounds for any abatement of rental nor any claim or
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demand for damages against the City, consequential or otherwise, except claims for
damages to person or property caused solely by the negligence of the City.
ARTICLE 16 Default, Rights of Termination
16.1 Default by Concessionaire. Time of payment and performance is of the essence of this
Agreement. Concessionaire shall be in default under this Agreement upon the occurrence
of any one or more of the following events:
16.1.1 Concessionaire’s failure to pay any fee or other charge when due and within five
(5) workings days after notice from City of such nonpayment.
16.1.2 Concessionaire’s failure to provide service, maintain hours of operation, prices,
quality of food and beverages; or control the conduct and demeanor of its agents
and employees as required in Section 4.
16.1.3 Concessionaire’s failure to maintain the insurance required in Section 12.4.
16.1.4 Concessionaire’s assignment of any right hereunder in violation of Article 14.
16.1.5 Concessionaire’s failure to perform, keep or observe any of the terms, covenants
or conditions of this Agreement within seven (7) days (or such longer time as may
be necessary to cure, provided that cure is commenced within the initial seven (7)
days) after notice from the City specifying the nature of the deficiency with
reasonable particularity and the corrective action that is to be taken within such
period to cure the deficiency.
16.1.6 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an
involuntary petition in bankruptcy against Concessionaire, the taking of possession
of all or substantially all of Concessionaire's assets pursuant to proceedings
brought under the provisions of any federal reorganization act or the appointment
of a receiver of all or substantially all of Concessionaire's assets and the failure of
Concessionaire to secure the return of such assets and/or the dismissal of such
proceeding within ninety (90) days after the filing.
16.1.7 The abandonment for a period of seven (7) days by Concessionaire of the conduct
of its services and operations during the season from the beginning of April
through the end of September, or for a period of fourteen (14) days during the
October through March off-season, without the City's consent
16.1.8 The assignment by Concessionaire of any or all of its assets for the benefit of
creditors.
16.1.9 The death of the Concessionaire or dissolving of the Corporation.
16.2 City's Remedies on Default.
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16.2.1 In the event of a default by Concessionaire as set forth in Section 16.1, the City
may terminate this Agreement effective immediately upon providing written notice
of the termination to Concessionaire. In the alternative, the City may elect to keep
the Agreement in force and work with Concessionaire to cure the default. If this
Agreement is terminated, the City shall have the right to take possession of the
Concession Space at the time of default. Concessionaire's liability to City for
damages and rent shall survive the termination, and the City may re-enter, take
possession of the Concession Space and remove any persons or property by legal
action or by self-help with the use of reasonable force and without liability for
damages.
16.2.2 Following re-entry or abandonment, City may make arrangements for use of the
Concession Space by others and in that circumstance may make any suitable
alterations or refurbish the Concession Space, but City shall not be required to
make such arrangement for any use or purpose.
16.3 Rights and Remedies Reserved. It is understood and agreed that any rights and remedies
reserved pursuant to this Article are in addition to any other rights or remedies the City
may have pursuant to this Agreement or to applicable law to seek judicial enforcement,
damages or any other lawful remedy.
ARTICLE 17 Miscellaneous Provisions
17.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed cumulative
and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to the City, or Concessionaire, at law or in equity, and the exercise of any remedy,
or the existence herein of other remedies or indemnities shall not prevent the exercise of
any other remedy.
17.2 Non-Waiver. The failure by either party to exercise any right or rights accruing to it by
virtue of the breach of any covenant, condition or agreement herein by the other party shall
not operate as a waiver of the exercise of such right or rights in the event of any subsequent
neither breach by such other party, nor shall such other party be relieved thereby from its
obligations under the terms hereof.
17.3 Non-liability of Individuals Other than Concessionaire. With the exception of
Concessionaire, no director, officer, agent or employee of either party shall be charged
personally or held contractually liable by or to the other party under any term or provision
of this Agreement or of any supplement, modification or amendment to this Agreement
because of any breach thereof, or because of its or their execution or attempted execution
of the same.
17.4 Limitations on Use. Concessionaire shall not use, or permit the use of the Concession
Space, or any part thereof, for any purpose or use other than those authorized by this
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Agreement. Concessionaire shall not permit nor suffer any disorderly noise or nuisance
whatsoever about the Concession Space, Clubhouse or Collindale Golf Course.
17.5 Governing Law. This Agreement shall be performable and enforceable in Larimer County,
Colorado, and shall be construed in accordance with the laws of the State of Colorado.
17.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Concessionaire, their successors and assigns, and is not made for the benefit of any third
party.
17.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it shall
not be construed for or against any party hereto on the basis that such party did or did not
author the same.
17.8 Successors and Assigns. All covenants, stipulations and agreements in this Agreement
shall extend to and bind each party hereto, its legal representatives, successors and
assigns.
17.9 Headings. The titles of the several articles of this Agreement are inserted for convenience
only, and are not intended and shall not be construed to affect in any manner the terms
and provisions hereof, or the interpretation or construction thereof.
17.10 Legal Fees. In the event any legal action or proceeding is brought to collect sums due or
to become due hereunder or any portion thereof or to enforce compliance with this
Agreement for failure to observe any of the covenants of this Agreement, the losing party
agrees to pay to the prevailing party the sums a Court may judge reasonable for legal fees,
including attorneys' fees and costs, in such action or proceeding and in any appeal.
17.11 Entire Agreement. This Agreement, which is the entire agreement between the parties
hereto, supersedes all prior agreements, understandings, warranties or promises between
the parties hereto, whether written, spoken or implied from the conduct of the parties
hereto, except as expressly incorporated herein.
17.12 Severability. In the event any covenant, condition or provision of this Agreement is held
to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants,
conditions or provisions of this Agreement, provided that the invalidity of any such
covenant, condition or provision does not materially prejudice either the City or the
Concessionaire in his or its respective rights and obligations under the valid covenants,
conditions or provisions of this Agreement.
17.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier termination
as herein provided, Concessionaire shall remove all of its property from Collindale Golf
Course and surrender entire possession of its rights at Collindale Golf Course to City and
its improvements in accordance with Section 10 above, unless this Agreement is renewed
or replaced.
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17.14 City Representative. The City designates the Manager of Golf as its representative who
shall make, within the scope of his/her authority, all necessary and proper decisions with
reference to this Agreement. All requests for contract interpretations, amendments and
other clarifications or instructions shall be directed to the City Representative.
17.15 Notices. Notices permitted or required to be given under this Agreement shall be in writing
and shall be deemed given upon personal delivery or upon deposit in the United States
Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to
such other address as the parties may designate from time to time by notice given in
accordance with this Section:
City:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn: Golf Manager
PO Box 580
Fort Collins, CO 80522
Concessionaire:
Attn:
17.16 Schedules and Exhibits. Whenever reference is made in this Agreement to a Schedule or
an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule or
Exhibit shall be deemed attached to and by this reference incorporated in this Agreement.
17.17 Force Majeure. Neither the City nor the Concessionaire shall be deemed in violation of
this Agreement if prevented from performing any of its obligations hereunder by reason of
strikes, boycotts, labor disputes, and embargoes, shortage of energy or materials, acts of
God, act of public enemy, acts of superior governmental authority, weather conditions,
rights, rebellion, sabotage or any other circumstances that are not within its control.
17.18 No Limitation on General Powers. Nothing in this Agreement shall be construed as in any
way limiting the general powers of the City to fully exercise their governmental functions
or their obligations under any bond covenants or federal, state or local laws, rules or
regulations.
17.19 No Relationship. Nothing contained herein shall be deemed or construed by the parties
or by any third party as creating the relationship of employer and employee, principal and
agent or a partnership or a joint venture between the parties hereto.
17.20 Survival. To the extent necessary to carry out all of the terms and provisions hereof, the
said terms, obligations and rights set forth herein required shall survive and shall not be
affected by the expiration or termination of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
written above.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: ____________________________________
Gerry Paul
Director of Purchasing
ATTEST:
________________________
APPROVED AS TO FORM:
________________________
By: ____________________________________
Printed:
Title:
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EXHIBIT A
CONCESSION SPACE
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EXHIBIT B
Policy: Contractor Personnel Conduct and Demeanor, and Background Screening for
Positions of Trust
Under the terms and conditions of each respective Contractor’s Agreement with the City, all Golf
Professionals and Restaurant/Snack Bar Concessionaires shall control the conduct and
demeanor of their employees, volunteers, and other representatives or agents of the Contractor
that will be working on behalf of the Contractor in providing services to the City. The Contractor
agrees to provide the City at all times a current list of employees, volunteers, and other
representatives or agents of Contractor that will be working on behalf of the Contractor in providing
services to the City under their Agreement, and that all such employees, volunteers, and other
representatives or agents or Contractor agree to adhere to the “Behavior/Standards of Personal
Conduct and Performance.”
Contractors and the City also hereby acknowledge and agree that certain services provided by
the Contractor will require that specified employees, volunteers, and other representatives or
agents of the Contractor act in “positions of trust” which can include the handling of and/or
accounting for funds of the City and/or of City property, or direct contact with youth and members
of the general public. Accordingly, each Contractor agrees that all specified employees,
volunteers, or other representatives or agents of Contractor in positions of trust shall be
screened/investigated at the expense of the Contractor; and that the results of such background
screening/investigation shall be provided to the City prior to any such persons participation in the
provision of services, as described in each respective contractor’s Agreement. Each Contractor
shall require the completion and execution of the Disclosure/Waiver form for all specified
employees, volunteers, and other representatives or agents of Contractor. The purpose of this
form is to provide the necessary information about an applicant and permission to review
confidential information for a complete and thorough background screening/investigation. The
Contractor shall provide to all said employees, volunteers, and other representatives or agents a
Summary of Rights under the Fair Credit Reporting Act.
The background screening/investigation shall include, but is not necessarily limited to, checking
arrests and/or conviction records, driving records, credit history, education, previous employment
and volunteer work and other records as may be appropriate, and references, including review of
any records of information available to the City as a result of past employment or contractual
relationships the employee, volunteer, or other representative or agent has had with the
Contractor or the City.
The Contractor shall make job assignments and responsibility assignments based upon and in
consideration of the background screening/investigation and shall not permit any person to
perform any position for which such person’s character or suitability are reasonably in question
based upon the information obtained in connection with a background screening/investigation.
The City may, in its discretion, object to any assignments of Contractor Personnel to positions of
trust, as based upon the background screening/investigation.
Specified employees, volunteers, and other representatives or agents of Contractors identified at
this time to be in positions of trust shall include, but are not necessarily limited to, all top assistants,
area or section managers, lesson providers, servers, bartenders and any other front of the house
personnel that directly handle and/or account for City funds; and those positions that can work
individually with youth or members of the general public.
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Contractor Process for Obtaining Background Screening/Investigation Information
1. Once an employee, volunteer, other representative or agent has been selected by the
Contractor, the employee, volunteer, other representative or agent (applicant) shall complete
the background screening/investigation form, which is attached and titled “Disclosure to
Prospective Employees, Volunteers, or Other Representatives or Agents of Contractors
Regarding Procurement of a Consumer Report (including a criminal history report).”
2. When the employee, volunteer, other representative or agent (applicant) has completed and
signed the form, the Contractor shall initial and date the bottom of the form, giving the bottom
copy of the form to the applicant. The Contractor shall also give to the applicant at this time
a summary of his/her rights under the Federal Fair Credit Reporting Act (attached). The Fair
Credit Reporting Act also imposes requirements and procedures related to any adverse
decisions based upon credit information.
3. The Contractor will retain a copy for their records and submit the original signed copy to
Contractor’s designated screening service vendor.
4. Contractor will not allow the applicant to begin work prior to receiving the results of the
background screening. Contractor will retain a copy of the report in its records and provide a
copy of such report to the City upon request. Should the screening produce a negative report
for the applicant, Contractor will not allow the applicant to work at the Concession Space.
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DISCLOSURE TO PROSPECTIVE EMPLOYEES, VOLUNTEERS,
OR OTHER REPRESENTATIVES OR AGENTS OF CONTRACTORS
REGARDING PROCUREMENT OF A CONSUMER REPORT
(including a criminal history report)
In connection with your status as a prospective employee, volunteer, or other representative or agent of the
Contractor, Contractor and the City of Fort Collins may procure a consumer report/criminal history on you
as part of the process of considering your candidacy for said status. The investigation conducted in
conjunction with the report may include an investigation of your personal employment/volunteer history,
education, financial, and credit records, public records concerning your driving record, civil and criminal
court records, county, state, and Federal tax liens, notices of default and bankruptcies, and other records as
may be appropriate. In the event that information from the report is utilized in whole or in part in making
an adverse decision with regard to your potential employment/volunteer/representative/agent status, before
making the adverse decision, the City and the Contractor will attempt to provide you and the Contractor
with a copy of the consumer report/criminal history and a description in writing of your rights under the
Federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives you specific rights in dealing with
consumer reporting agencies. A copy of A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT
REPORTING ACT is attached to this document.
By your signature below, you hereby authorize us to obtain a consumer report and/or an investigative report
about you in order to consider your status as a prospective employee, volunteer, or other representative or
agent for the Contractor.
Applicant’s Name:
(Please Print) First Middle Last
Signature: Date of Birth:
Applicant’ Address:
City/State/Zip:
Driver’s License #: Social Security #:
Signature of Parent or Guardian:
(if Applicant is under the age of 18):
Other names used in the last seven (7) years:
Previous out-of-state address(es) in the past seven (7) years.
1.
Address City County State Zip
2.
Address City County State Zip
Please list any additional addresses on the back of this page.
Contractor’s Initials: Date: City Staff Initials: Date:
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EXHIBIT C
CITY OWNED RESTAURANT/SNACK BAR EQUIPMENT
1. Stone Top Patio Tables
2. Dish Machine
3. Dish area shelving – wall
4. Soiled Dish Table
5. Clean Dish Table
6. Disposal
7. Pre-rinse Spray Unit
8. Hand Sink – Dish
9. Hand Sink – Pantry
10. Hand Sink – Prep
11. Exhaust Hood – Main
12. Exhaust Hood - Prep
13. Stainless Steel wall panel and fire suppression
14. 3 Hole Sink
15. Stainless Work Tables – 3 each Prep Area
16. Walk-in Refrigerator
17. Walk-in Freezer
18. Stainless Shelving – Prep area and Pantry
19. Can Rack
20. Food Mixer on Stand with Tree
21. 2 Compartment Vegetable Sink
22. Freezer Shelving
23. Lavatory Storage Closet – No Fixtures
24. Mop Sink
25. Chemical Storage Shelving
26. Chemical Closet Mop Sink
27. Pass Thru Window
28. Video Surveillance System – Not Operating
29. Stainless Top by KEC – Cabinet by GC – East
30. Stainless Top by KEC – Cabinet by GC – West
31. Stainless Table with hand sink and Pepsi Drop In
32. Step In Bar Cooler with 36” Hinged Glass Doors
33. Pass Window Shelf Ledge
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34. Work Top with Storage Above and Below – Liquor Storage
35. Bar Front and Back Mill Work and Cooler Face
36. Hand Sink – Bar
37. 84” 3 Compartment Glass Sink
38. 42” Glass Chiller
39. 36” Ice Bin with Speed Rail
40. Stone Top Side Tables
41. Stainless Shelves
42. White Top Dining Tables
43. Chairs – Black Metal with Wood Backs
44. Bar Stools
45. Sound System
46. Lower Ice Machine
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EXHIBIT D
CONCESSIONAIRE OWNED RESTAURANT/SNACK BAR EQUIPMENT
1. Oil Disposal Cart
2. Step Ladder
3. 36” U/C Bar Cooler
4. Double Over-head Pass System – Expo Line
5. Pass-thru Salad/dessert Cooler – True
6. Single Door Cooler – Bev Air
7. Single Door Glass Cooler – Traulsen
8. Ice Machine and Bin
9. Single Door Freezer
10. 48” Mega-Top Make Table – GF
11. 60” Mega-Top Make Table – 2 each – Broiler and Pantry
12. 72” Mega-Top Make Table – Pantry
13. Under Counter 4 Drawer Base
14. 2 Hole Steam Table
15. Chef Plate Landing Table – Lower Expo
16. Double Fryer Unit
17. Flat Grill
18. Char Broiler
19. Alto-Shaam Cook and Hold Oven – 2 each
20. U/C Freezers – 2 each stacked – Pantry
21. Robot –Coup Food Processor
22. Microwaves – 2 each
23. Downstairs Walk-In and Glycol System
24. Portable Broiler – LP
25. Portable Bar – Basement
26. Beer Tap System
27. Heat Lamps – 4 Each – Expo
28. Dry Storage Shelving
29. Cooler Shelving – Walk-in
30. Booths
31. Black Top Stools – 10 each
32. Ram Head Bar Stools – 5 each
33. Retail Cabinet
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34. Bar Lighting – Curved
35. TVs – 7 each
36. Projector TV and Big Screen
37. Wall Décor – Signs and Chalkboards
38. All Smallwares, China and Glassware
39. Banquet Shelving
40. All Banquet Equipment – Chafers, Folding Tables
41. Banquet Cambro Tables – 2 each
42. Trash Utility Cart
43. Utility Carts – 2 each
44. Janitorial Equipment
45. Whiskey Barrels
46. Black Metal Patio Furniture – Tables and Chairs
47. Umbrellas
48. Cheese Grater Attachment
49. POS System
50. Computers and Office Supplies
51. WiFi and Internet Equipment
52. Beverage Carts – 2 each
53. Ice Chests
54. Dry Storage Shelving
55. Seasonal Décor
56. Red Toned Wood Chairs
57. Propane Patio Heaters – 3 each
58. Pop Up Tents
59. Double Stack Convection Oven
60. 4 Burner Saute Stove
RFP 9013 Collindale Golf Course Restaurant Concessionaire Page 43 of 47
EXHIBIT E
MINIMUM CLEANING STANDARDS
ENTRANCE AND LOBBY
Dust horizontal surfaces 8' and under (including windowsills and
baseboards). Do not move or cause to be moved any items weekly
Remove waste from receptacles and replace liners if torn or soiled weekly
Clean entry doorways, glass, handles, kick plates and adjacent glass weekly
Clean outside surface of waste receptacles quarterly
Dust mop/vacuum and damp mop hard floor surfaces Each visit
Vacuum carpeted areas and area rugs Each visit
Clean baseboards quarterly
HALLWAYS AND CORRIDORS
Dust horizontal surfaces 8' and under (including windowsills and
baseboards). Do not move or cause to be moved any items weekly
Remove cobwebs on walls/ceiling monthly
Remove waste from receptacles and replace liners if torn or soiled Each visit
Vacuum carpeted area and mats Each visit
Clean drinking fountains, remove any hard water deposits Each visit
Clean outside surface of waste receptacles monthly
Clean baseboards quarterly
RESTROOMS / LOCKER ROOMS
Dust exhaust vents and lighting fixtures monthly
Remove cobwebs on walls/ceiling monthly
Restock supplies Each visit
Empty waste containers and replace liners Each visit
RFP 9013 Collindale Golf Course Restaurant Concessionaire Page 44 of 47
Clean mirrors, countertops, sinks, fixtures Each visit
Clean toilets and urinals (including seats, base, flush valves) Each visit
Spot clean walls, lockers and partitions Each visit
Wipe clean shower stalls (including fixtures, shower head, shower
curtain/door) monthly
Deep clean/scrub of showers quarterly
Sweep/vacuum and damp mop floors Each visit
Scrub / buff hard surface or tile monthly
Pour water down floor drain Each visit
CONFERENCE -MEETING ROOM
Remove cobwebs on walls/ceiling monthly
Remove waste from receptacles and replace liners if torn or soiled Each visit
Remove recycling materials and replace liners if needed weekly
Spot clean table tops, make sure not to disturb any paper etc. weekly
Check and refill towel dispenser at coffee bar Each visit
Clean outside surface of waste receptacles quarterly
Dust mop/vacuum and damp mop hard floor surfaces Each visit
CUSTODIAL CLOSET
Clean custodial sink Each visit
Rinse clean all mop buckets - do not leave standing water Each visit
Organize equipment and supplies weekly
Maintain SDS book monthly
RFP 9013 Collindale Golf Course Restaurant Concessionaire Page 45 of 47
EXHIBIT F
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of
Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such insurance
as the City may deem proper and may deduct the cost of such insurance from any monies
which may be due or become due the Service Provider under this Agreement. The City,
its officers, agents and employees shall be named as additional insured on the Service
Provider's general liability and automobile liability insurance policies for any claims arising
out of work performed under this Agreement.
2. Insurance coverage shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain
during the life of this Agreement for all of the Service Provider's employees engaged
in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000
disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during
the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for
each coverage, Commercial General and Vehicle, shall not be less than $1,000,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
C. $1,000,000 Liquor Liability
D. $1,000,000 Products Liability
RFP 9013 Collindale Golf Course Restaurant Concessionaire Page 46 of 47
EXHIBIT G
DISCRIMINATION PROHIBITED
(A) Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title
VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of
the Housing and Community Development Act of 1974 as amended, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478 and 12086.
Contractor shall not, on the grounds of race, color, sex, religion, national origin, creed,
marital status, or age:
(1) Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Agreement;
(2) Provide any facilities, services, financial aid, or other benefits which are different,
or are provided in a different manner, from those provided to others under this
Agreement;
(3) Subject an individual to segregated or separate treatment in any facility in, or in
any matter if process related to receipt of any service or benefit under this
Agreement;
(4) Restrict an individual in any way in access to, or in the enjoyment of any
advantage or privilege enjoyed by others in connection with any service or
benefit under this Agreement;
(5) Treat anyone differently from others in determining if they satisfy any admission,
enrollment, eligibility, membership or other requirement or condition which the
individual must meet to be provided a service or benefit under this Agreement;
(6) Deny anyone an opportunity to participate in any program or activity as an
employee that is different from that afforded others under this Agreement.
Contractor shall:
(1) Utilize the City’s third-party translation service provider as required to provide
meaningful language access to persons with limited English proficiency; and
(2) Post written notices of non-discrimination in its facilities and make available to its
clients a Title VI complaint form, in a form reasonably acceptable to the City.
(B) Contractor shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation
Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting discrimination against
handicapped individuals, and the Age Discrimination Act of 1975 (implemented in 24 CFR
part 146) prohibiting discrimination on the basis of age, either through purpose or intent.
RFP 9013 Collindale Golf Course Restaurant Concessionaire Page 47 of 47
EXHIBIT H
SNOW REMOVAL RESPONSIBILITIES