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HomeMy WebLinkAbout548768 HUG SPORTS LLC - CONTRACT - AGREEMENT MISC - HUG SPORTS LLC DBA SKYHAWKS COLORADOServices Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 1 of 22 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and HUG Sports LLC DBA Skyhawks Colorado, a Colorado Limited Liability Company, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence March 23, 2015, and shall continue in full force and effect until March 22, 2016, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: HUG Sports, LLC DBA Skyhawks Colorado Attn: Mike DuVarney PO Box 16461 Golden, CO 80402 City of Fort Collins Attn: Marc Rademacher PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 2 of 22 Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, the sum equal to 70% of all registration fees as outlined on attached Exhibit “B”, consisting of five (5) pages and incorporated herein by this reference. Service Provider shall submit invoices to the City monthly. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this Agreement. All requests concerning this Agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in Exhibit A, Scope of Services without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 3 of 22 c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “C”, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 4 of 22 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Rights of Ingress and Egress. Service Provider shall have the right of ingress and egress to and from the City’s fields and facilities for Service Provider's employees, agents and invitees to the extent reasonably necessary in connection with the conduct of Service Provider's business under this Agreement. Areas designated as restricted areas by the City shall be excluded. 18. Service Provider Personnel. Service Provider shall control the conduct and demeanor of its agents and employees. The Service Provider agrees to provide to the City at all times a current list of employees, volunteers and other representatives or agents of Service Provider that will be working on behalf of Service Provider in providing services to the City under this Agreement. The Service Provider and the City acknowledge and agree that certain services provided by Service Provider will require that employees and volunteers of Service Provider 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, Service Provider agrees that all employees, volunteers, and other representatives or agents of the Service Provider in positions of trust, as described in Exhibit “D”, consisting of two (2) pages, attached hereto and incorporated herein by this reference, shall be screened using the background screening procedure described on Exhibit D, and that the results of such background screening shall be provided to the City prior to any such persons participation in the provision of services hereunder. The Service Provider shall require the completion and execution of the Disclosure Form, attached hereto as Exhibit “E”, consisting of three (3) pages and incorporated herein by this reference, and shall provide to the employee/volunteer the Summary of Rights under the Fair Credit Reporting Act, included as part of Exhibit E. The City may provide assistance in completing the background investigation, including providing information from the completed disclosure form to an outside vendor for a confidential records check. Service Provider acknowledges that in such event, by providing such assistance to Service Provider the City assumes no responsibility for the timeliness, accuracy or completeness of the background investigation, or for the direct or indirect consequences resulting from the same, and Service Provider shall hold the City harmless for any injury or loss resulting therefrom. In the event that a background check, or any other information available to the Service DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 5 of 22 Provider or the City, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed or allowed to volunteer in connection with the services or activities required or permitted under this Agreement, or in a manner that would permit contact by that person with the funds, equipment, property associated with the provision of services hereunder, or persons participating in programs or services provided under this Agreement. Upon objection from the City concerning trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, or concerning conduct, demeanor or competence of any employee or volunteer of Service Provider, the Service Provider shall immediately take all lawful steps to remove the cause of the objection or to remove such individual from the performance of any services provided hereunder. If the City so requests, Service Provider 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. 19. Licensing and Taxes. Service Provider shall obtain and pay for all licenses needed to operate youth sports programs including, but not necessarily limited to, City and State sales tax licenses. Any such licenses held specifically by the Service Provider in connection with this Agreement shall be surrendered by the Service Provider at the time of termination of this Agreement. Service Provider agrees to pay all lawful taxes, assessments and payments-in-lieu, during the term of this Agreement or any extension hereof. 20. Laws, Rules & Regulations. The operation by Service Provider of youth sports camps granted under this Agreement shall, at all times, conform with all applicable Federal, State, and local laws and with all applicable rules 21. Damage to Parks/Facilities by Service Provider. Service Provider shall be liable for and shall repair or cause to be repaired within fifteen (15) days after occurrence any damage to City fields and/or facilities caused by Service Provider, its board members, officers, agents, employees or anyone acting under its direction and control; ordinary wear and tear excluded. 22. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 6 of 22 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. b. Service Provider 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. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. e. Service Provider 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. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 23. ADA Compliance. The City of Fort Collins Recreation Division proudly supports the Americans with Disabilities Act (ADA) and is dedicated to providing programs and services to citizens with disabilities. Agencies contracted by the City to provide programs and services shall also be responsible for providing and paying for the necessary accommodations or support for individuals with disabilities to participate in any activity of DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 7 of 22 their choice. This may include, but is not limited to, hiring sign language interpreters, modifying instructional technique and equipment, providing trained staff or volunteers for one on one support. The City will be responsible for any structural ADA modifications to the facility and provide staff training and resources for determining and implementing accommodations. Please refer to the City of Fort Collins - CLRS Inclusion Procedures, attached as Exhibit “F”, consisting of one (1) page and incorporated herein by this reference. 24. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "G" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 8 of 22 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney HUG Sports, LLC DBA Skyhawks Colorado By:_______________________________ __________________________________ Mike Duvarney __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Michael Duvarney 5/18/2015 President 5/20/2015 Services Agreement- HUG Sports LLC DBA Skyhawks Colorado Page 9 of 22 EXHIBIT A SCOPE OF SERVICES I. Responsibilities A. Service Provider is responsible for:  Providing to the City of Fort Collins background checks for all employees that will be in contact with the participants no more than five (5) days prior to the start of the camp;  Providing all staff and equipment needed to effectively run the camps;  Providing scholarship assistance under the City partial scholarship program; and  Working with customers to resolve disputes, complaints etc. B. The City is responsible for:  Providing fields/facilities for the camps;  Collecting all registrations for the camps; and  Sending a check for 70% of registrations at conclusion of the season. II. Invoice Information Scholarship and Certificate participants will not be included as paid participants in program totals. 100% of partial payments and Helping Hand donations are the property of Service Provider and must be submitted to the City. Full commissions are due for all non-refunded and registered participants who do not attend. The Service Provider’s Organization Coordinator is responsible for reconciling roster information and counts during the session week. III. Data Ownership Service Provider and City each shall have ownership of all the names, addresses, phone numbers, email addresses and financial data of participants. The City agrees to provide Service Provider and Service Provider agrees to provide the City, if requested, all participant data (“Data”). All Data must be provided to Service Provider in .txt or .csv format. Data is to be used solely in conjunction with future City of Fort Collins’ sports programs and Data will be disclosed only to employees who are directly responsible for evaluating the Data on a need-to-know basis. IV. Miscellaneous Any revenue from sales to participants by Service Provider or its Partners shall remain the property of Service Provider (i.e. purchase of additional balls). DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 10 of 22 EXHIBIT B FORMS & SCHEDULING DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 11 of 22 DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 12 of 22 DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 13 of 22 DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 14 of 22 DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 15 of 22 EXHIBIT C 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 reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this Agreement: 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. DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 16 of 22 EXHIBIT D 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 Recreation Professionals and Restaurant/Snack Bar Concessionaires shall control the conduct and demeanor of their employees, volunteers, and other representatives or agents of the Contractor that will be working on behalf of the Contractor in providing services to the City. The Contractor agrees to provide to the City at all times a current list of employees, volunteers, and other representatives or agents of Contractor that will be working on behalf of the Contractor in providing services to the City under their Agreement, and that all such employees, volunteers, and other representatives or agents of Contractor agree to adhere to the “Behavior/Standards of Personal Conduct and Performance.” Contractors and the City also hereby acknowledge and agree that certain services provided by the Contractor will require that specified employees, volunteers, and other representatives or agents of the Contractor act in “positions of trust” which can include the handling of and/or accounting for funds of the City and/or of City property, or direct contact with youth and members of the general public. Accordingly, each Contractor agrees that all specified employees, volunteers, or other representatives or agents of Contractor in positions of trust shall be screened/investigated at the expense of the Contractor using the City’s contracted background screening/investigation procedure as described in each respective contractor’s Agreement; and that the results of such background screening/investigation shall be provided to the City prior to any such persons participation in the provision of services, as described in each respective contractor’s Agreement. Each Contractor shall require the completion and execution of the Disclosure/Waiver form for all specified employees, volunteers, and other representatives or agents of Contractor. The purpose of this form is to provide the necessary information about an applicant and permission to review confidential information for a complete and thorough background screening/investigation. The Contractor shall provide to all said employees, volunteers, and other representatives or agents a Summary of Rights under the Fair Credit Reporting Act.. The background screening/investigation shall include, but is not necessarily limited to, checking arrests and/or conviction records, driving records, credit history, education, previous employment and volunteer work and other records as may be appropriate, and references, including review of any records of information available to the City as a result of past employment or contractual relationships the employee, volunteer, or other representative or agent has had with the Contractor or the City. The City will provide assistance in completing the background screening/investigation, including providing the completed disclosure form to an outside vendor for a confidential records check. Contractor acknowledges that by providing such assistance the City assumes no responsibility for the timeliness, accuracy or completeness of the background screening/investigation, or for the direct or indirect consequences resulting from the same, and the Contractor shall hold the City harmless for any injury or loss resulting therefrom. The Contractor shall make job assignments and responsibility assignments based upon and in consideration of the background screening/investigation, and shall not permit any person to perform any position for which such person’s character or suitability are reasonably in question based upon the information obtained in connection with a background screening/investigation. DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 17 of 22 The City may, in its discretion, object to any assignments of Contractor Personnel to positions of trust, as based upon the background screening/investigation. In the event that information from the report is utilized in whole or in part in making an adverse decision with regard to potential employment/volunteer/representative/agent status, before making the adverse decision, the City will attempt to provide Contractor with a copy of the consumer report/criminal history. Specified employees, volunteers, and other representatives or agents of Contractors identified at this time to be in positions of trust shall include, but are not necessarily limited to, all top assistants, area or section managers, lesson providers, personnel that directly handle and/or account for City funds; and those positions that can work individually with youth or members of the general public. Contractor Process for Obtaining Background Screening/Investigation Information 1. Once an employee, volunteer, other representative or agent has been selected by the Contractor, the employee, volunteer, other representative or agent (applicant) shall complete the background screening/investigation form, which is titled “Disclosure to Prospective Employees, Volunteers, or Other Representatives or Agents of Contractors Regarding Procurement of a Consumer Report (including a criminal history report).” 2. When the employee, volunteer, other representative or agent (applicant) has completed and signed the form, the Contractor shall initial and date the bottom of the form, giving the bottom copy of the form to the applicant. The Contractor shall also give to the applicant at this time a summary of his/her rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act also imposes requirements and procedures related to any adverse decisions based upon credit information. 3. The Contractor keeps one copy of the form and forwards the original signed copy of the form to the Golf Division Administrative office. In order to expedite the processing time, the Contractor may also FAX a copy or bring the original copy of the form to the golf Division Administrative Aide. Once the Administrative Aide enters the form information into the computer, it takes three to four days for the City’s contracted background screening/investigation firm to perform their service. 4. Because of the large number of applicants being screened using this similar process, there shall be no notification to the Contractor unless an applicant receives a negative report within four days of the time that the Administrative Aide enters the information into the computer. Therefore, the applicant may begin assignment for the Contractor after four days unless the Contractor is notified otherwise. However, be aware that it is possible that we could receive a negative report after four days, and we will have to address the situation at that time. DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 18 of 22 EXHIBIT E DISCLOSURE TO EMPLOYEE/VOLUNTEER REGARDING PROCUREMENT OF A CONSUMER REPORT (INCLUDING CRIMINAL HISTORY REPORT AND EMPLOYMENT HISTORY REVIEW) 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 (City) 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 the Contractor and/or the City 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) Date of Birth: _______________ Social Security #:_______________________ Applicant's Address: _____________________City/State/Zip:___________________________ Signature:_____________________________ Signature of Parent or Guardian (if applicant is under age 18): __________________________ Other Names Used in the Last Seven (7) Years: ____________________________________ ___________________________________________________________________________ Previous Out-of-State Address(es) in the Past Seven (7) Years: 1.__________________________________________________________________________ Address ___________________________________________________________________________ City County State Zip 2.__________________________________________________________________________ Address ____________________________________________________________________________ City County State Zip Please list any additional addresses on the back of this page. Give this disclosure with a copy of A Summary of Rights Under the Fair Credit Reporting Act to applicant. Retain a copy of the release for your records, and provide a copy of the release to the City of Fort Collins. DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 19 of 22 A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 20 of 22 DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 21 of 22 EXHIBIT F City of Fort Collins-CLRS Adaptive Recreation Opportunities Inclusion Procedures: Accommodations for people with disabilities. The City of Fort Collins Recreation Division provides equal and quality recreation opportunities to all members of the community. Individuals of all abilities should have the opportunity to equally participate in any class of their choice. The Adaptive Recreation Opportunities program (ARO) works with all program areas to ensure that people with disabilities have the necessary accommodations or support they need to participate in any recreation program at their highest level of independence. Inclusion Objectives: 1.) To welcome and support individuals with disabilities into any recreation programs, activities or facilities that the Recreation division has to offer. 2.) To provide the accommodations they need to participate as fully and independently as possible in the least restrictive environment. 3.) To be included as a valued member of their class and benefit equally from all the physical, cognitive and social values that the program offers. Inclusion procedures: 1. The Therapeutic Recreation Specialist (CTRS), in collaboration with other City staff, will make every reasonable accommodation possible to include individuals with disabilities into recreation programs and activities. 2. All special accommodation requests will be processed through the CTRS. A two-week advance notice is requested to assure a positive experience. Requests are received by checking the Special Needs box on the registration form; by a direct request from an individual, parent or provider; or by the class instructor. 3. The CTRS will assess the individual’s needs and abilities and then develop an accommodation or support plan to allow the person to fully participate and equally benefit from the class. This plan is developed with input from many resources: instructors, program coordinators, participants, physicians or other therapists, family members etc. 4. The CTRS will work with the class instructor and program coordinator to discuss the needs of the participant to be included, class content, curriculum, equipment, and environment to foresee any needed accommodations and answer any questions they may have. 5. Accommodations may include sign language interpreters, modified equipment or techniques or 1:1 support companions. The specific program area in which the participation occurs will pay any costs associated with accommodation support. 6. Participants may provide their own support companions who will be admitted at no cost to the activities. The CTRS will also arrange sign language interpreters, volunteers, interns, students or City staff for support. City staff members in specific program areas who have the interest, experience or desire, are encouraged to be trained for on-going support needs. 7. All support companions are trained for individual support by the CTRS. 8. If needed, an ARO staff member will attend the first class with the participant and companion, then continue communication and support with all parties involved through the duration of the program. 9. Evaluation and follow up will occur after the class has ended. Questions or more information? Call Renee Lee, CTRS, at 224-6027. DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 Services Agreement - HUG Sports LLC DBA Skyhawks Colorado Page 22 of 22 EXHIBIT G CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD HUGSPOR-01 AMO 5/14/2015 Signature Select LLC - Denver Branch 1705 17th Street Suite 100 Denver, CO 80202 (303) 534-4567 (303) 534-0600 Great American Insurance Company 16691 HUG Sports, LLC PO Box 16461 Golden, CO 80402 Pinnacol Assurance Company 41190 A X 1,000,000 X PAC098857901 06/01/2015 06/01/2016 100,000 5,000 1,000,000 2,000,000 X 2,000,000 1,000,000 A PAC098857901 06/01/2015 06/01/2016 X X X X 2,000,000 A UMB098858001 06/01/2015 06/01/2016 B 4173904 05/01/2015 05/01/2016 1,000,000 1,000,000 1,000,000 City of Fort Collins is included Additional Insured on the General Liability policy if required by written contract or agreement subject to the policy terms and conditions. City of Fort Collins Director of Purchasing and Risk Management PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: BA41EF17-3190-43C3-8D18-61BCF4A529B0