HomeMy WebLinkAboutRFP - 8417 COLLINDALE GOLF COURSE PROFESSIONAL CONCESSIONAIRERFP 8417 Collindale Golf Course Professional/Concessionaire Page 1 of 43
REQUEST FOR PROPOSAL
8417 COLLINDALE GOLF COURSE PROFESSIONAL/CONCESSIONAIRE
The City of Fort Collins is requesting proposals for a PGA “Class A” member Golf Professional,
to manage the golf operations, driving range and pro shop functions on a contractual basis at
Collindale Golf Course.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy
proposals instead, five (5) copies, will 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), November 17, 2016 and referenced as Proposal No.
8407. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins,
Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please
note, additional time is required for bids mailed to the PO Box to be received at the
Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
Questions concerning the scope of the bid should be directed to Project Manager, Mike Calhoon
at (970)416-2079 or mcalhoon@fcgov.com.
Questions regarding bid submittal or process should be directed to Gerry Paul,
Purchasing Director at (970) 221-6779 or gspaul@fcgov.com.
All questions must be submitted in writing via email to Mike Calhoon, with a copy to
Gerry Paul, no later than 5:00 PM our clock on November 10, 2016. Questions received
after this deadline will not be answered.
A copy of the RFP may be obtained at www.bidnet.com.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in
their entirety. All provisions of any contract resulting from this request for proposal will be
public information.
New Vendors:
The City requires new vendors receiving awards from the City to fill out and submit an IRS form
W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the
Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents.
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 8417 Collindale Golf Course Professional/Concessionaire Page 2 of 43
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.
Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of
the organization’s philosophy and approach to Sustainability. In no more than one (1) page
please describe how your organization strives to be sustainable in the use of materials,
equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates
the Triple Bottom Line into our decision process by including economic (or financial),
environmental, and social factors in our evaluation.
The selected Service Provider shall be expected to sign the City’s standard Agreement without
revision prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry S. Paul
Purchasing Director
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 3 of 43
8417 COLLINDALE GOLF PROFESSIONAL/CONCESSIONAIRE
BACKGROUND INFORMATION
The City of Fort Collins is the owner and operator of the Collindale Golf Course located at 1441
East Horsetooth Road, Fort Collins, CO 80525. Collindale Golf Course is an 18 hole, par 71
golf course situated on 160 acres in southeast Fort Collins. The golf course is consistently
recognized as having some of the best (and fastest) greens in the state, it is the home of local
U.S. Open Qualifying and a perennial favorite for many State amateur events. This is a one (1)
year agreement with automatic annual renewals for up to four (4) additional one year terms.
The City’s Golf Division within the Parks Department administers Collindale Golf Course for the
City and desires to grant to a PGA “Class A” member Golf Professional, a contract for services
to manage the golf operations, driving range and pro shop functions.
The management and supervision of the golf operations, driving range and pro shop functions
include, but are not limited to, the general management of play on the course, course monitoring
(ranger/marshall), operation of the driving range, power golf cart preparation, return inspection,
and rentals, golf lessons/instructions, collection, accounting, and remittance of City fees and
charges, sale of golf merchandise and services to customers, golf club repair, tournament and
league coordination, overall clubhouse management, clubhouse janitorial services, daily
cleaning of all outside entrance areas and golf cart staging area, and all other golf related
operations except for course maintenance.
The Golf Professional/Concessionaire provides all employees and volunteers necessary to
facilitate the full and efficient use and management of the golf course operations as described;
and the Golf Professional/Concessionaire owns and sells golf merchandise and services, and
operates the driving range through an exclusive concession granted by the City.
It should be understood that all course monitoring, daily golf cart preparation and inspection
services, and janitorial service costs are to be borne by the Golf Professional/Concessionaire as
a part of this contract for services.
In this contract for services, the Golf Professional/Concessionaire collects all revenues received
at Collindale Golf Course on a daily basis. The Golf Professional/Concessionaire accounts for
and forwards to the City all revenues paid to the City generated from green fees, punch cards,
annual passes, tournament fees and City tournament reservation fees, powered-golf cart
rentals, surcharges, private golf cart usage fees, other reservation fees, and other such fees
either set by the City or as appropriate.
SCOPE OF GOLF SERVICES
The Golf Professional at the Golf Course shall be a member of, the Professional Golfers'
Association of America ("PGA") and carry a class A member classification. He or she must be of
character that is accepted by the general public.
The following is a list of specific duties required of the Golf Professional. This list is not all-
inclusive, but does include the most important duties to be performed by the Golf Professional
or those under his supervision.
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 4 of 43
A. Contractor in General
1. Management and scheduling of the golf course operations at the Collindale Golf
Course, including but not limited to, the general management of play on the course
and driving range, course monitoring (ranger/marshal functions), preparation, return
inspection, and rental of City-provided golf carts, golf lessons/instruction, golf club
repair and rentals, tournament and league coordination, and overall use and
management of the clubhouse, including the daily cleaning of all outside entrance
areas and cleanliness of the clubhouse.
2. Timely collection and accounting of City green fees, annual pass fees, gift
certificates, tournament fees, golf cart rental or use fees, Premier card, driving range
fees, employee or volunteer charge fee, City building rentals, and other fees in the
amounts set by the City.
3. Cleaning and daily preparation for customers of City-provided golf carts, including
the daily cleaning of the golf cart staging area.
4. Provision of starters, at least one assistant golf professional, course monitors
(marshals/rangers), janitors, cashiers and other personnel as necessary to facilitate
full and efficient use of the course and other activities at the Collindale Golf Course.
5. Supervise the reservation system and the flow of players onto the Golf Course.
Make every effort to maximize the number of tee time reservations per day of
operation.
6. Operate at his/her sole risk, cost, profit and expense, a service-oriented, well-
provisioned golf pro shop that satisfies the needs of the public.
7. Provide a golf equipment repair service and provide any other facility necessary to
facilitate such repair.
8. Make available and provide for rental to the public pull carts and golf clubs.
9. Generally supervise and maintain a favorable working relationship with all local golf
associations. Personally provide assistance and support to each association to meet
the reasonable demands of the association. Make every effort to equitably provide
assistance and support to both men's and women's golf associations.
B. Golf Professional
1. The Contractor shall devote his/her full time and attention as the primary golf
professional for the Collindale Golf Course during the entire calendar year. Upon
submitting a written request at least three (3) days in advance and receiving the
City's consent, he/she may take up to a total of twenty one (21) vacation days
annually, no more than five of which may be consecutive between April-September.
The City’s expectation is that vacation days will generally be taken October through
March. The Contractor may be away from the Golf Course for the purpose of
participating in tournament play or other golf-related activities, i.e. schools, seminars
and demonstrations, to maintain and/or improve professional status for not more
than ten (10) days between April-September with no more than five (5) of which may
be consecutive days between April-September.
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 5 of 43
2. Contractor shall use his/her best effort to manage the pace of play on the course.
Setting expectations and educating golfers about the time to complete a round and
monitoring the course to enforce compliance are expected. Utilizing a course starter
during periods of heavy use to help manage pace of play is required.
3. The Contractor shall regularly play golf with a number of different customers to
generally promote golf and Golf Course.
4. In periods of heavy play, Contractor shall regularly tour the Golf Course to greet
customers and answer questions, monitor the flow of play and generally inspect the
facility. Report any physical course problems or safety issues to the Golf Operations
Manager or designee.
5. The Contractor shall serve as the primary monitor (marshal/ranger) at the Golf
Course and maintain the pace of play according to industry standards and City
Policies and Procedures. Volunteers, after proper training by the Contractor, may
also act as course marshals or rangers.
C. Growing the Game.
1. Contractor shall use his/her best effort to increase rounds played at the course, the
use of carts and the driving range. This includes promoting league play and
tournaments. It also includes providing programs and services so attract young
(junior) golfers, women golfers and dormant golfers to the course. Efforts could
include golf camps, leagues or special events or programs for these types of golfers,
female teaching pros, SNAG Golf, Get Golf Ready, Right Tees and similar efforts.
2. Provide competent golf instruction for all levels of players.
3. Plan, organize, administer and participate in the City's junior golf program.
4. Provide, train and supervise assistant Golf Professionals, starters, marshals, player
assistants and other personnel necessary to perform requirements set forth in the
Concession Agreement.
5. Attend Golf Course Advisory Board meetings and other meetings as required.
6. Represent the City in local PGA section activities and tournaments.
7. Constructively participate in an evaluation of the Golf Professional's operation on an
annual basis.
8. Maintain a close relationship and cooperate with the Golf Course Superintendent.
9. Retrieve balls from practice range daily or as necessary, wash balls, stock ball
machine, dispense balls to the public and collect range fees. Collect and account for
all golf fees as established by City ordinance. The Golf Professional does not have
the authority to waive any fees owed to the City by a customer or staff with the
exception of the following:
a. Issue refunds to an unsatisfied customers.
b. City staff, only when authorized within the limit of a written policy established by
the Director of Parks.
c. A guest who presents an official City-issued complimentary pass or City-issued
gift certificate.
d. PGA golf professionals and GCSAA members.
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 6 of 43
SCOPE OF PRO SHOP AND DRIVING RANGE SERVICES
I. Pro Shop and Driving Range.
A. The Contractor shall operate a golf pro shop in the clubhouse which shall stock a variety
of golfing equipment (for sale and rent), supplies and related merchandise in sufficient
quantity to meet the demands of customers of the golf course.
B. The Contractor shall provide all merchandise and display fixtures, stock, supplies and
inventory for the shop.
C. The Contractor shall operate the driving range such operation to include making
equipment and range balls available for use. The City shall provide replacement range
balls as the current inventory of range balls wears out. The City shall own and maintain
the Range Ball Equipment in Exhibit F. Contractor shall retrieve, wash and load range
balls in the range ball dispensing machine as needed to ensure balls are always
available for customers. The City shall be responsible for replacing the range ball
dispensing machine when the parties agree the machine has reached end of life.
D. The Contractor may retrieve and own any abandoned golf balls at Collindale Golf
Course.
II. Merchandise Quality, Price Control. Contractor acknowledges the desire and obligation of
City to provide the public and the golfer high quality merchandise and a high level of public
service. Therefore, Contractor agrees to offer for sale from the clubhouse only high quality
merchandise at prices not to exceed the prices customarily charged for similar merchandise
in high quality Fort Collins area operations. If, in the opinion of the City, the selection of
items offered is inadequate, if the merchandise is not of high quality, if any of the prices,
charges and rates are excessive, or if any of the items are found to be objectionable for
display and/or sale in a public facility, a representative of the City shall meet and confer with
Contractor regarding such matters, but Contractor acknowledges that the City's
determination as to same shall be conclusive. Failure of Contractor to correct, rectify or
modify its prices or quality within five (5) days of being advised in writing to do so shall be
cause for default. Contractor shall not offer for sale gift certificates, vouchers, punch cards,
or other similar services, except to the extent the same are restricted and limited in duration
to one year or less.
III. Use of the Clubhouse. The Contractor shall use any and all parts of the clubhouse and
designated areas of the golf cart storage building, hereinafter collectively referred to as
"clubhouse," for the purpose of operating the concessions and for other incidental purposes
only. The clubhouse shall not be used for any other purpose without the prior written
consent of City.
IV. Maintenance and Repairs.
A. The City shall be responsible to maintain and repair the interior and exterior of the
clubhouse. The City shall not in any way be liable to the Contractor for failure to make
repairs unless the Contractor has previously notified the City in writing of a need for such
repairs, and the City has failed to commence and complete said repairs within a
reasonable period of time following receipt of the notification.
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 7 of 43
B. The Contractor shall be liable for and shall reimburse the City for the cost of any repairs
or damage caused by any act or negligence of the Contractor or its agents or
employees.
C. The Contractor shall secure the retail pro shop area and shall provide janitorial services
to that area, keeping it clean and in good sanitary condition as required by the
ordinances, regulations and statutes of the City of Fort Collins, County of Larimer and
State of Colorado and this Agreement.
D. The Contractor shall neither hold nor attempt to hold the City liable for any injury or
damage, either proximate or remote, occasioned through or caused by defective
electrical wiring or the breaking or stoppage of plumbing or sewage in or upon the
clubhouse, whether said breakage or stoppage results from freezing or otherwise.
E. The Contractor shall not permit nor suffer the clubhouse or the walls thereof to be
endangered by overloading nor permit it to be used for any purpose which would render
the insurance thereon void or insurance risks more hazardous without prior written
consent of the City, which consent may be conditioned upon the Contractor obtaining
additional specific insurance coverage for such more hazardous risks.
V. Alterations and Improvements.
A. All alterations, additions, improvements or changes to the clubhouse by the Contractor
subsequent to the commencement of the term shall be subject to the prior written
approval of the City.
B. The City reserves the right, from time to time (without invalidating or modifying this
Agreement), to make alterations, changes and additions to the land and improvements
of which the clubhouse forms a part.
C. The Contractor hereby indemnifies and agrees to hold the City harmless from all liens,
claims or charges on account of any alterations, additions, improvements or changes to
the clubhouse by Contractor.
D. At the end of the term of this Agreement, all fixtures, equipment, additions and
alterations, except trade fixtures installed by the Contractor, shall be and remain the
property of the City. Provided, however, the City shall have the option to require the
Contractor to remove any or all such fixtures, equipment, additions and alterations and
restore the clubhouse to the condition that existed immediately prior to such change and
installation, normal wear and tear excepted, all at the Contractor's cost and expense. All
such work shall be done in a good and workmanlike manner and shall consist of new
materials unless otherwise agreed to by the City.
VI. Credit Card Billing System. The City and the bank handling the City's banking services will
allow the Contractor to use the City's credit card billing system for the collection of all City
fees and charges, as well as for specified Golf Professional/Concession fees, with the
Contractor paying for their share of said service, and at the rate established by the City.
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 8 of 43
GOLF PROFESSIONAL/CONCESSIONAIRE FEES, REVENUES, AND PAYMENTS
The City desires a revenue share arrangement whereby the Golf Professional/Concessionaire
will be paid on a mutually agreed upon percent of the gross revenue received by the City from
greens fees, cart rentals and the driving range produced by the course annually. A summary of
Collindale Golf Course’s revenue for the last five years follows:
Five (5) Year Gross Revenue Summary
Revenue
Source
2012 2013 2014 2015 2016(est) AVG
Green
Fees
$897,528 $831,447 $911,210 $905,036 $865,000 $882,044
Cart Fees
$187,199 $197,117 $221,794 $233,298 $215,000 $210,882
Driving
Range
$176,167 $185,068 $201,335 $212,663 $200,000 $195,047
Total $1,260,894 $1,213,362 $1,334,339 $1,350,997 $1,280,000 $1,287,972
The Golf Professional/Concessionaire will keep all non-City revenues generated from the sale of
golf merchandise, golf instructions/lessons, pull cart rentals, tournament service fees, golf club
cleaning, and rental and repair. The Golf Professional shall be the owner of all merchandise,
rental clubs, club repair equipment, driving range mats, and pull carts.
For details regarding fees, revenues and payments please see the attached Golf Services
and Concessions Agreement. The City intends to use the agreement incorporated in this
RFP as the basis for negotiations with the selected Professional.
CRITERIA FOR PROPOSAL AWARD
The proposal will be evaluated as follows:
1. An inter-disciplinary RFP Review Committee, composed of members from the City of Fort
Collins Golf Advisory Board, City’s Golf Division/Parks Department staff, City’s Purchasing
staff, and others will review all written proposals. Using a point evaluation system for
grading each proposal, the committee will rank each proposal.
2. The top ranked proposers may be interviewed by the Committee and the Committee will
rank the interviews using criteria and potential questions regarding background and
experience of the Golf Professional/Concessionaire and staff, the ability of the Golf
Professional/Concessionaire to operate in accordance with the RFP and attached Golf
Professional and Concession Agreement, and the financial circumstances of the proposal
including ability to perform and cost to the City.
3. The Project Manager will check the references and may perform a background screening of
the top ranked individual/firm. If the references and background screening are acceptable,
an Agreement will be awarded to the highest ranked firm/individual subject to suitable
contract negotiations.
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 9 of 43
TENTATIVE SCHEDULE
Questions Deadline November 10, 2016
Open RFP’s: November 17, 2016
Interviews: Week of December 5, 2016
Agreement Effective Date January 1, 2017
PROPOSAL REQUIREMENTS
A. Complete the "Proposal" form as provided.
B. No person, firm or corporation shall make or file more than one proposal for this contract for
services.
C. A proposal may be withdrawn at any time prior to the proposal opening, but may not be
withdrawn for a period of sixty (60) days from the closing date for receiving proposals.
D. Required Documents – The following shall be submitted with the proposal:
1. Proposal Questionnaire
2. The Proposal form/addendum acknowledgement page
E. During the written portion of the RFP process, public input/citizen support is not included,
and will not be considered when the Committee is evaluating the written proposals.
References will only be considered by the Committee for the interview portion of the
process. As a public entity, citizens have a right to provide their opinions to us; however,
the RFP process clearly defines when such input will be considered. Therefore, proposers
shall not solicit nor encourage such citizen support, nor provide references during the written
portion of the process. Said references and support can be a part of the interview phase of
the process. All letters, faxes, e-mails, etc. should be sent to the Director of Parks for
processing.
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 10 of 43
PROPOSAL FORM/ADDENDUM ACKNOWLEDGEMENT
PROPOSAL NO: DATED THIS DAY OF , 2016
CONTRACT FOR SERVICES: Collindale Golf Professional/Concessionaire
Fort Collins, CO 80521
TO: City of Fort Collins
Office of the Director of Purchasing
215 N. Mason Street, 2nd Floor (if delivered)
P.O. Box 580 (if mailed)
Fort Collins, CO 80522
To Whom It May Concern:
1. The undersigned, pursuant to the Request for Proposals, which requested proposals for a
contractual Golf Professional to manage and supervise the golf operations, driving range
and pro shop functions at Collindale Golf Course, having examined all documents, the golf
course site, and having become familiar with all the conditions existing and relative to
same, hereby proposes to operate same in accordance with the proposal documents.
2. I/we acknowledge receipt of the following addenda and have included their provisions in
this proposal:
Addendum No. ( ), Dated_________
Addendum No. ( ), Dated_________
3. In submitting this proposal, the undersigned warrants that he/she has complied with all the
provisions of this Request for Proposal and can furnish the labor and materials and
business acumen to carry out the golf professional and concession operation using the
highest of modern professional golfing and management standards as employed at leading
golf clubs and golf courses, in all respects, as specified in the proposal documents.
4. The undersigned also agrees that he/she will not withdraw his/her proposal for a period of
sixty (60) days from the closing date for receiving proposals.
RESPECTFULLY SUBMITTED:
NAME: ________________________________________
Print Name
ADDRESS: ________________________________________
________________________________________
TELEPHONE: ________________________________________
BY: ________________________________________
Signature
TITLE: ________________________________________
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 11 of 43
PROPOSAL QUESTIONNAIRE INFORMATION
Attached you will find the “Proposal Questionnaire.” You will need to answer all seven
questions on one side of 8-1/2" x 11" paper only, per question. We have determined that you
must answer each question with no more than one page per answer per question. Please try to
answer each question in sufficient detail, noting that we are interested in the quality of your
answers, not just the quantity. In addition to the seven pages, you may also provide one 8-1/2"
x 11" supplemental page (one side only) to provide additional information or to further answer
any of the seven questions which you could not do within the one page limitation.
You must also attach a copy of your resume which does not count against your page limitations.
If you are selected for an oral interview, you will need to bring to the interview a copy of tangible
proof of your financial ability to perform as the Collindale Golf Professional/Concessionaire, as
well as your ability to secure acceptable insurance coverage as required. You will need to
provide the Director of Parks with at least three (3) references three days prior to the interview
that we may contact regarding your qualifications. The City will also conduct a background
screening procedure on the finalists and you will need to provide a signed authorization form to
allow that screening to proceed.
REVIEW AND ASSESSMENT
Respondents will be evaluated on their written answers to the following seven questions. A
rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5
being an outstanding rating. Each of the seven questions shall have a “weighting factor” as we
have determined.
REFERENCE EVALUATION (TOP RATED INDIVIDUAL/FIRM)
The Project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance
Would you hire this Professional again? Did they show the
skills required by this project?
Timetable
Was the original Scope of Work completed within the specified
time? Were interim deadlines met in a timely manner?
Completeness
Was the Professional responsive to client needs; did the
Professional anticipate problems? Were problems solved
quickly and effectively?
Budget
Was the original Scope of Work completed within the project
budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction contract, was
the project functional upon completion and did it operate
properly? Were problems corrected quickly and effectively?
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 12 of 43
Proposal Questionnaire
Question 1 -- What are your qualifications and personal unique attributes do you bring to the
City that relate to your performance of our defined services? (Weighting Value of
3.0)
Question 2 -- What qualifications will you require of your assistant(s), other employees and
volunteers? Please outline your staffing plans for peak, transitional, and off-
season times.
(Weighting Value of 2.0)
Question 3 -- What conditions, needs or requirements do you see at Collindale Golf Course,
and how will you deal with them (i.e., marketing strategy, niche customers,
maintenance staff, special issues, etc.)?
(Weighting Value of 1.0)
Question 4 -- What are your plans and related strengths and weaknesses to operate the
Collindale Golf Course, Pro Shop and Driving Range with regards to: A.
Merchandise; B. Services Offered; C. Customer Services;
D. Teaching?
(Weighting Value of 3.0)
Question 5 -- How do you plan to finance your operation, both initially and through the year
2017?
(Weighting Value of 2.0)
Question 6 -- With regard to course monitoring (rangering/marshaling) and maintaining an
acceptable pace of play, outline specifically what program you will implement?
Also, how much will you (as resident pro) be involved?
(Weighting Value of 1.0)
Question 7 -- What is your proposed gross revenue share percentage for green fees, cart fees
and driving range?
(Weighting Value of 5.0)
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 13 of 43
2016 FEES/RATES
Green Fees Prime Time Non-Prime Time Twilight
9 holes $21.00 $19.00 $16.00
9 holes (ages 17 & under) $21.00 $14.00 $16.00
9 holes (ages 60+) $21.00 $17.00 $16.00
18 holes $38.00 $35.00 -
18 holes (ages 17 & under) $38.00 $26.00 -
18 holes (ages 60+) $38.00 $30.00 -
Golf Club Rental Prime Time Non-Prime Time Twilight
9 holes $ 15.00 $ 15.00 $ 15.00
18 holes $ 25.00 $ 25.00 $ 25.00
3 Wheel Push Cart Rental Prime Time Non-Prime Time Twilight
9 holes $ 3.00 $ 3.00 $ 3.00
18 holes $ 6.00 $ 6.00 $ 6.00
Golf Cart Rental Any Time
9 holes single rider $9.00
18 holes single rider $15.00
Prime Time (April through September 1)
Saturday All Day
Sunday Until 2:00
Memorial Day All Day
Independence Day All Day
Labor Day All Day
Non-Prime Time (April through September 1)
Monday-Friday All Day
Sunday After 2:00
Off Season - September 2 through March 31
All times are considered non-prime time.
Twilight - Carts are not available and tee times are not reserved (first come, first served)
March through October 1 1/2 hours before published sunset
November thru February 2 hours before published sunset
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 14 of 43
Scorecard
Front
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 15 of 43
Scorecard
Back
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 16 of 43
COLLINDALE GOLF COURSE
GOLF SERVICES AND CONCESSION AGREEMENT
This Golf Services and Concession Agreement, hereinafter called the "Agreement," is
made and entered into as of the day of , 20 , by and between THE CITY OF
FORT COLLINS, COLORADO, a municipal corporation, whose principal offices are at 300
LaPorte Avenue, Fort Collins, Colorado 80521, hereinafter called "City," and , whose
principal offices are at , hereinafter called "Contractor", regarding certain services to be
provided at the Collindale Golf Course, 1441 East Horsetooth Road, Fort Collins, Colorado,
80525 (the "Golf Course").
WITNESETH:
ARTICLE 1 Golf Services
Contractor agrees to provide golf services in accordance with the Scope of Golf Services
description, attached as Exhibit "A" and incorporated herein by this reference ("Golf Services"),
such services to be provided primarily by the Contractor.
ARTICLE 2 Grant of Pro Ship and Driving Range Concession
The City grants and Contractor accepts the responsibility of operating a Golf Pro Shop and
Driving Range Concession in accordance with the Scope of Pro Shop and Driving Range
Services description attached as Exhibit "B" and incorporated herein by this reference ("Pro
Shop and Driving Range Services").
ARTICLE 3 Concession Space
For the purposes of this Agreement, the "Concession Space" shall mean any and all parts of the
pro shop and clubhouse building at the Golf Course but excluding the restaurant space.
ARTICLE 4 Contractor's Use of the Concession Space
4.1 In General. Subject to other limitations expressed in this Agreement, the City grants to
Contractor the right to exclusive use of the Concession Space and the right to use in
common with others the public areas of the Golf Course, in conjunction with its operations
under this Agreement, in such spaces and manner as may be prescribed by the City.
4.2 Smoking Prohibited. Pursuant to the Fort Collins City Code, smoking is prohibited in the
Concession Space, and no person shall smoke outside within twenty (20) feet from any
entrance, passageway, operable window or ventilation system of the Concession Space,
including outdoor patios unless such person is passing through the area, without stopping,
en route to another destination. The Contractor shall inform persons violating this
provision of the applicable law and request their compliance.
4.3 Restriction on Items Offered for Sale. In no event shall Contractor offer for sale or
otherwise supply smoking instruments or tobacco at the Golf Course.
4.4 Compliance with Applicable Law. The Contractor agrees to comply fully with all applicable
state and federal laws and regulations and municipal ordinances, as well as all rules,
regulations, policies, and procedures adopted by the City.
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ARTICLE 5 Rights of Ingress and Egress
5.1 In General. The Contractor shall have the right of ingress and egress to and from the
Concession Space for Contractor's employees, agents and invitees to the extent
reasonably necessary in connection with the conduct of Contractor's business under this
Agreement. Areas designated as restricted areas by the City shall be excluded.
5.2 Closures. The City may, at any time, temporarily or permanently, close or consent to or
request the closing of any roadway or any other way at, in or near the Golf Course,
presently or hereafter used as such, so long as reasonable and safe means of ingress and
egress remains available to Contractor.
ARTICLE 6 Undertakings of Contractor
6.1 Service. Contractor agrees:
6.1.1 The Contractor shall furnish and pay for all equipment, except as otherwise
provided by the City pursuant to Article 10, all goods, labor, transportation,
supervision and services necessary to provide services in accordance with this
Agreement.
6.1.2 Contractor acknowledges the desire and obligation of the City to provide a high
level of service to the public. Therefore, Contractor agrees to offer for sale from
the Concession Space only high quality merchandise and products. If, in the
opinion of the City, the selection of items offered is inadequate or not of high
quality or if any of the items are found to be objectionable for display and/or sale in
a public facility, the items shall be removed or replaced as required by the City.
The City Representative shall meet and confer with Contractor regarding such
matters. However, Contractor acknowledges that the City's determination as to the
same shall be conclusive. Failure of Contractor to correct, rectify or modify its
quality within five (5) days of being advised in writing to do so shall be cause for
default.
6.1.3 Contractor warrants that all Golf Services and related responsibilities performed
under this Agreement shall be performed with the highest degree of competence
and care and in accordance with the highest modern professional golfing and
management standards in leading golf clubs and golf courses.
6.1.4 Personal Services. It is understood that the City enters into this Agreement based
on the special abilities of the Contractor and that this Agreement shall be
considered as an agreement for his/her personal services. Accordingly, the
Contractor shall neither assign any responsibilities nor delegate any duties
designated to the Golf Professional/Concessionaire under this Agreement to any
other person without the prior written consent of the City, and as otherwise set forth
in Article 15.
6.1.5 During the peak season, April 1 through September 1, the Contractor is expected
to work six (6) days a week. Contractor shall provide in writing, as requested in
writing by the City, a weekly schedule of Contractor’s time spent performing duties
at the Golf Course.
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6.2 Hours of Operation. Subject to the exception for inclement weather expressed below, the
Contractor will be required to provide services under this Agreement as follows:
A. During the months of April, May, June, July, August and September, from at least 6:00
A.M. through sundown (or later if golfers remain on the course);
B. During the months of October, November, December, January, February and March,
from at least 8:00 A.M. to sundown (or later if golfers remain on the course);
C. Exceptions to the daily schedule may be made, subject to the consent of the City, if
closing is dictated by weather and/or course play.
6.3 Contractor Personnel. Contractor shall control the conduct and demeanor of its agents
and employees. Contractor agrees to supply and require its employees to wear suitable
attire and to wear or carry badges or other suitable means of identification, the form for
which shall be subject to prior and continuing approval of the City.
6.3.1 The Contractor agrees to provide to the City at all times a current list of employees,
volunteers, and other representatives or agents of Contractor that will be working
on behalf of the Contractor in providing services to the City under this Agreement.
The Contractor shall keep a written record of all hours worked by volunteers and
provide this information to the City on a monthly basis or upon request. The
Contractor and the City acknowledge and agree that certain services provided by
Contractor will require that employees, volunteers, and other representatives or
agents of the Contractor act in positions of trust which will entail the handling of
and accounting for funds of the City and City property, or direct contact with youth
and members of the general public. Accordingly, Contractor agrees to facilitate,
prior to acceptance of employment, background screening of all employees,
volunteers, and other representatives or agents of the Contractor at Contractor’s
expense.
6.3.2 In the event that a background check, or any other information available to the
Contractor or the City, raises questions about the trustworthiness, fitness for
provision of services under this Agreement, competency or suitability of any
individual for a position of trust of any kind, including handling of funds, City
equipment or property, or working with youths or 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.
6.3.3 In the event the City has concerns regarding the trustworthiness, fitness for
provision of services under this Agreement, competence or suitability of any
individual for a position of trust of any kind, or concerning conduct, demeanor or
competence of any employee or volunteer of Contractor, the Contractor shall
immediately take all lawful steps to remove or otherwise address to the City's
reasonable satisfaction the cause of the objection or to remove such individual
from the performance of any services provided hereunder.
6.3.4 The following constitute unacceptable personal conduct that the parties
acknowledge and agree shall be subject to reasonable objection by the City. The
parties acknowledge this list is not meant to be exhaustive, and other conduct not
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 19 of 43
listed in this Section may be determined by the City to reasonably impair
Contractor's ability to provide satisfactory services under this Agreement, and may
also give rise to a reasonable objection by the City to which Contractor shall be
expected to respond as set forth herein. In the event the Contractor, or anyone
providing services for the Contractor commits any of the following examples of
unacceptable conduct, or fails or refuses to take reasonable action to correct such
conduct by any person providing services for or on behalf of Contractor hereunder,
the City may give Contractor notice of violation and proceed in the manner as set
forth in Section 17.1.9.
A. Commission or conviction of a felony, or of any crime involving moral turpitude;
B. Theft or misuse of City money or property;
C. Harassment of, or discrimination against, any individual based on race, religion,
national origin, age, sex, sexual orientation or disability, including any breach of
the terms set forth in Exhibit C, attached hereto;
D. Falsification, unauthorized use or destruction of City records, reports or other
data or information belonging to the City;
E. Abusive or threatening treatment of any person, including, but not limited to
physical or verbal confrontation;
F. Using, consuming, possessing, having in the body or distributing alcohol
(except in the normal performance of concession services) or controlled
substances during working time;
G. Destruction, loss or abuse of City property;
H. Unauthorized use of City equipment or property for personal use; or
I. Possessing or maintaining sexually explicit materials on City property;
J. Failure to meet the City’s performance expectations.
6.4. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Contractor represents and agrees that:
6.4.1. As of the date of this Agreement:
A. Contractor does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
B. Contractor will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
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6.4.2. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor
that knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
6.4.3. Contractor is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
6.4.4. If Contractor obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Contractor
shall:
A. Notify such subcontractor and the City within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
B. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does
not cease employing or contracting with the illegal alien; except that Contractor
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has
not knowingly employed or contracted with an illegal alien.
6.4.5. Contractor shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
6.4.6. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement.
If this Agreement is so terminated, Contractor shall be liable for actual and
consequential damages to the City arising out of Contractor’s violation of
Subsection 8-17.5-102, C.R.S.
6.4.7. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such
breach.
6.5 Statements, Recordkeeping and Audits. Contractor shall keep books and records of the
business, including an accounting of all revenue and expenses of the concession
operation, in accordance with good accounting practice and in such form as is satisfactory
to the City. The Contractor hereby grants to the City the right to audit Contractor's books
and records for its operation at the Golf Course and agrees to make available to the City,
or its authorized representative, at any time, Monday through Friday inclusive, between
the hours of 9:00 a.m. and 5:00 p.m., at the offices of the City or the Golf Course, at the
City's election, all records, books and relevant related information as may be required for
audit purposes.
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6.6.1 Annual financial statements are required to be filed with the City representative on
or before April 15th for the prior year.
6.6 Physical Interference. Contractor shall not do, nor permit to be done, anything which may
interfere with the effectiveness or accessibility of the drainage system, sewerage system,
fire protection system, sprinkler system, alarm system and fire hydrants and hoses, if any,
installed or located in the Concession Area or elsewhere at the Golf Course.
6.7 Taxes. Contractor agrees to pay all local, state and federal social security, unemployment
insurance, sales, use, personal property, possessory interest, and other taxes,
assessments and payments-in-lieu which, during the term of this Agreement or any
extension hereof, may become a lien of which may be levied or charged by the State,
County, City of Fort Collins or other tax-levying body upon or with respect to the
Concession Space or the Golf Course, upon any taxable interest acquired by the
Contractor in this Agreement, or any taxable possessory right which Contractor may have
in or to the Concession Space or facilities or the improvements thereon, by reason of
Contractor's occupancy or use thereof, or otherwise, as well as all taxes on taxable
property, real or personal, owned by Contractor or taxes on Contractor's operations or
activities in or about the Concession Space or elsewhere at 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 Contractor for exercising any right or
privilege granted by the City to Contractor in this Agreement with respect to the use of the
Concession Space. Nothing herein shall prevent Contractor from protesting, through due
process, any taxes levied.
6.8 Licenses. Contractor agrees to obtain and pay for all licenses necessary in connection
with its operation.
6.8.1 Any such licenses held by the Contractor in connection with this Agreement shall be
surrendered by the Contractor upon termination of this Agreement.
6.8.2 Upon Contractor's surrender of all licenses and acquisition of new licenses by such
replacement Contractor as the City may select, the City shall reimburse Contractor
for such proportional amount of the cost of the license as may be attributable to
any remaining period which may exist from the date of Contractor's surrender to
license expiration.
ARTICLE 7 Term
7.1 Period. The term of this Agreement shall commence on January 1, 2017 and unless
terminated sooner, shall expire on December 31, 2017. This Agreement shall be
automatically renewed for up to four (4) additional one (1) year terms unless the
Contractor is in default beyond any applicable cure period or unless one party serves
written notice to the other party of its intention to terminate the Agreement, provided such
written notice must be served at least ninety (90) days prior to the anniversary date of the
Agreement.
7.2 Holding Over. In the event that the Contractor, or its successor in interest, if any, shall
remain beyond the term set forth herein, although no right to remain is given by this
Article, it is the intention of the parties and it is hereby agreed that a right of use from
month-to-month shall then arise subject to all provisions and conditions of this Agreement
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 22 of 43
in connection with such right, except that the City shall have the sole right to determine
reasonable fees for any holdover period.
ARTICLE 8 Fee For Services/Fee For Conducting Business
8.1 Fee for Services. As payment for performance of Golf Services, the Contractor shall be
paid percent of gross revenue received by the City from greens fees, cart rentals
and the driving range produced by the course annually. Annual pass revenue will be
allocated to the course at the end of the year based on annual pass rounds played at the
course. Premier Card revenue will be allocated to the course based on actual use of the
card at the course discounted by the amount of discount provided by the Premier Card.
The Fee for Services fee will be paid in monthly installments on the first Friday of each
month in advance based on the annual average of the gross revenue received by the City
from greens fees, cart rentals and the driving range produced by the course over the past
five years, less 5%. The five (5) year average gross revenue calculation is in the below
Table 1. Beginning January 1st, the Contractor’s monthly installment for year 1 of the
Contract will be $ as calculated in the below Table 2. By the first Friday of February
of the following year, the City shall pay the Contractor the difference between the amount
paid by the City to the Contractor in the prior year and percent of revenue received
by the City from greens fees, cart rentals and the driving range produced by the course in
the prior year, if any. If the amount paid by the City to the Contractor in the prior year
exceeds percent of the gross revenue received by the City from greens fees, cart
rentals and the driving range from the course for the prior year, the Contractor shall pay
the difference to the City within 30 days of being notified of the amount due.
Table 1
Five (5) Year Gross Revenue Summary
Revenue
Source
2012 2013 2014 2015 2016(est) AVG
Green Fees $897,528 $831,447 $911,210 $905,036 $865,000 $882,044
Cart Fees $187,199 $197,117 $221,794 $233,298 $215,000 $210,882
Driving Range $176,167 $185,068 $201,335 $212,663 $200,000 $195,047
Total
$1,260,89
4
$1,213,36
2
$1,334,33
9
$1,350,99
7
$1,280,00
0
$1,287,97
2
Table 2
Description Calculation
5 Year Average Gross Revenue $ 1,287,972
% Gross Revenue (Annual Fee for Services) $
95% of Annual Fee for Services $
Monthly Installment Calculation for 12 Months $
8.2 Additional Income. All fees and other income received through the operation of the pro
shop, the sale of merchandise, golf lessons/instruction, tournament service fees, pull cart
rental, golf club repair, and the rental of equipment owned by the Contractor shall be
retained by Contractor. Contractor shall provide written records of such income upon
request by the City.
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8.3 Interest on Past Due Amounts. Contractor shall pay interest on all past due amounts at
the rate of eighteen percent (18%) per annum from the due date, until paid.
8.4 Method of Payment. Payment for fees due to the City under Article 8 shall be by check or
money order payable to the order of "City of Fort Collins - Golf" and shall be mailed or
personally delivered to Dawn Worth at the City of Fort Collins Golf Services Office, 215 N.
Mason St, Fort Collins, Colorado, 80522.
ARTICLE 9 Utilities, Maintenance and Janitorial Duties
9.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash collection,
recycling, basic clubhouse security system services, telephone, and electric services to
the Concession Space. The Contractor shall pay for any Pro Shop televisions, cable or
satellite services, or expanded security services. Contractor is responsible for any
cable/satellite TV charges.
9.2 Maintenance and Repair. The City shall maintain and repair the Concession Space and
City equipment and fixtures (defined in Article 10). Contractor shall submit all requests for
repairs or maintenance to the City Representative. Notwithstanding anything to the
contrary contained herein, the City shall not in any way be liable to the Contractor for
failure to make repairs as herein specifically required of it unless the Contractor has
previously notified the City in writing of a need for such repairs, and the City has failed to
commence and complete said repairs within a reasonable period of time following receipt
of the Contractor's written notification.
9.2.1 The Contractor shall neither hold nor attempt to hold the City liable for any injury or
damage, either approximate or remote, occasioned through or caused by defective
electrical wiring or the breaking or stoppage of plumbing or sewage upon the
Concession Space, whether said breakage or stoppage results from freezing or
otherwise.
9.3 Cleaning and Janitorial. The Contractor shall keep the Concession Space and its fixtures
clean and in good sanitary condition as required by the ordinances, resolutions, policies,
statutes, and health, sanitary and police regulations of the City of Fort Collins, County of
Larimer, and State of Colorado.
9.3.1 Contractor shall thoroughly clean the entire Concession Space, including all
equipment and fixtures, whether provided by the City or Contractor, and the
windows, floors, counters, at least once prior to, once during and a third time after
the close of the April through September golf season. Contactor shall schedule
inspections with the City representative after scheduled cleaning and provide all
receipts associated with cleaning work.
9.3.2 Contractor is responsible for the ongoing cleanliness of the Concession Space in
order to provide a clean and orderly appearance for golfers and the public,
including but not limited to, chairs, patio, floor areas and removing trash
accumulations to designated trash containers.
9.3.3 Contractor shall maintain clean and orderly restrooms in the Concession Space
throughout operating hours.
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9.3.4 Contractor shall be responsible for the daily cleaning of all outside entrances to the
concession space, as well as the daily cleaning of the golf cart staging area.
Contractor is responsible for snow removal from pathways leading to the
Concession Space when the course is open.
ARTICLE 10 Acceptance and Trade Fixtures
10.1 Concession Space, City Equipment and Fixtures. In addition to the Concession Space,
the City shall provide the following:
10.1.1 Existing equipment as listed on Exhibit "D", attached hereto and made a part
hereof;
10.1.2 Lighting fixtures for general area illumination;
10.1.3 Heat and air conditioning;
10.1.4 Pro shop counters, storage units and safe; and
10.1.5 One cash register and/or computerized system, and credit card machine for use by
Contractor in connection with performance of services and sales under this
Agreement.
10.1.6 Pro Shop Carpeting.
10.2 Acceptance. On the date of commencement of this Agreement, Contractor shall
acknowledge that it accepts the Concession Space as well as any City equipment and
fixtures "as is."
10.3 Installation of Equipment and Trade Fixtures. Except for the items listed on Exhibit "E",
attached hereto and made a part hereof, no equipment, trade fixtures, signs or other
personal property used by Contractor in its business, whether or not attached to the
Concession Space or any Improvements thereon, shall be installed without the prior
written approval of the City.
10.4 Removal of Equipment, Trade Fixtures. Contractor shall have the right at any time during
the term of this Agreement or upon termination and within thirty (30) days thereafter, to
remove all trade fixtures, equipment and other personal property owned by Contractor,
subject to any valid lien the City may have thereon. Any property not so removed by
Contractor upon termination shall become a part of the realty on which it is located and
title thereto shall vest in the City.
10.5 Title to Improvements. Upon installation or erection of Improvements by Contractor, such
Improvements (but excluding any of Contractor's personal property and trade fixtures
which are attached or affixed thereto) shall become a part of the realty upon which they
are erected and title thereto shall vest in the City. Upon vesting, the Improvements
become part of the Concession Space and are subject to the terms applicable to the
Concession Space within this Agreement.
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10.6 Applicable Law. All Improvements and all trade fixtures, equipment or other personal
property installed by Contractor shall be subject to and conform in all respects to the
applicable statutes, ordinances, building codes, sign codes, rules and regulations of all
governmental agencies which have jurisdiction over such matters.
ARTICLE 11 Damage by Contractor
Contractor shall be liable for and shall repair, replace or cause to be repaired or replaced within
fifteen (15) days after occurrence, any damage to the Concession Space, or to City's property,
equipment and fixtures (defined in Article 10) caused by Contractor, its board members, officers,
agents, employees or anyone acting under its direction and control, ordinary wear and tear
excepted. All repairs or replacements shall be made promptly and when necessary and shall be
in a quality and of a class at least equal to the original.
ARTICLE 12 Total or Partial Destruction
12.1 Concession Space or Other Major Component Rendered Untenantable. In case, during
the term of this Agreement, the Concession Space, Golf Course or any principal part of
any one of them shall be destroyed or shall be so damaged by fire, flood, or other casualty
so as to be rendered untenantable or unusable as determined by the City:
12.1.1 Then, in such event, at the option of the City or Contractor, the term hereby
created shall cease; and this Agreement shall become null and void from the date
of such damage or destruction; and Contractor shall immediately surrender the
Concession Space and its interest therein to the City; provided, however, that the
City or Contractor shall exercise such option to so terminate this Agreement by
notice, in writing, delivered to the other party within thirty (30) days after the City's
determination of untenantability or unusability.
12.1.2 In the event neither the City nor Contractor shall elect to terminate this Agreement,
this Agreement shall continue in full force and effect; and the City shall repair the
Concession Space, Clubhouse, or Golf Course excluding improvements or
equipment, signs, trade fixtures or other personal property installed by Contractor,
with all reasonable speed, placing the same in as good a condition as it was at the
time of the damage or destruction.
12.2 Concession Space Only Untenantable. In the event of destruction rendering only the
Concession Space untenantable, the City shall endeavor, but not be obligated, to make
substitute premises available for Contractor's use.
12.3 Components Tenantable. If the Concession Space or Golf Course shall be only injured by
fire, flood, or the elements to such extent so as not to render the same untenantable and
unfit for use and occupancy, the City shall repair the same with all reasonable speed.
12.4 Removal of Rubbish. In any event, upon the occurrence of damage or destruction,
Contractor shall remove all rubbish, debris, merchandise, furniture, furnishings, equipment
and other items of its personal property within five (5) days after request being made by
the City.
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12.5 Exception for Damage Caused by Contractor. In the event of damage caused by
Contractor as more specifically addressed in Article 11 of this Agreement, the provisions of
Article 11 shall govern in any conflict between Article 11 and Article 12.
12.6 No Claim by Contractor. No compensation or claim shall be made by or allowed to
Contractor by reason of any inconvenience or annoyance arising from the necessity of
repairing any portion of the Concession Space or Collindale Golf Course, however the
necessity may occur.
ARTICLE 13 Indemnification and Insurance
13.1 City's Liability. The City shall not in any way be liable for any cost, liability, damage or
injury, including cost of suit and reasonable expenses of legal services, claimed or
recovered by any person whomsoever or whatsoever as a result of any operations, works,
acts or omissions performed within Collindale Golf Course and Concession Space by
Contractor, its agents, employees or contractors unless caused or contributed to by the
negligence or willful misconduct of the City, its employees, agents or contractors.
13.2 Indemnification. Contractor covenants that it will indemnify and hold the City harmless
from all claims, demands, judgments, costs and expenses, including attorneys' fees,
claimed or recovered (whether justly, unjustly, falsely, fraudulently or frivolously) by any
person by reason of injury to or death of any individual person or persons, or by reason of
damage to, destruction or loss of use of any property, including City's personnel and City's
property, directly or indirectly arising out of, resulting from or occurring in connection with
any operations, works, acts or omissions of Contractor. As used herein, the term
"Contractor" and "City" includes the respective directors, officers, agents, employees and
contractors of Contractor and City.
13.3 Patent Representation. Contractor represents that it is the owner of or is fully authorized
to use any and all services, processes, machines, articles, makes, names or slogans used
by it in its operation or in any way connected with this Agreement.
13.4 Contractor Insurance. Without limiting any of the Contractor's obligations hereunder, the
Contractor shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement with limits specified in Exhibit "G", which is attached hereto
and incorporated herein by this reference.
13.5 Precautions Against Injury. The Contractor shall take all necessary precautions in
performing the operations hereunder to prevent injury to persons and property.
13.6 Failure to Insure. Failure of Contractor to take out and/or maintain, or the taking out
and/or maintenance of any required insurance shall not relieve Contractor from any liability
under this Agreement, nor shall the insurance requirements be construed to conflict with
the obligations on Contractor concerning indemnification.
ARTICLE 14 No Interest in Real Property
Contractor agrees that this Agreement constitutes merely a right to use and occupy the
Concession Space for a limited purpose and does not create or convey to Contractor any
interest in real property.
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ARTICLE 15 Assignment
The Contractor shall not assign this Agreement, sublet or otherwise allow any person to take
possession of all or any portion of the Concession Space without prior written consent of the
City nor permit any transfer by operation of law of Contractor's interest created hereby, other
than by merger or consolidation unless approved by City.
ARTICLE 16 Right of City to Enter, Inspect and Make Repairs
16.1 In General. City and its authorized employees, agents, contractors and other
representatives shall have the right (at such times as may be reasonable under the
circumstances and with as little interruption to Contractor's operation as is reasonably
practicable) to enter upon any part of the Concession Space for the following purposes:
16.1.1 To inspect such premises at reasonable intervals during regular business hours (or
at any time in case of emergency) to determine whether Contractor has complied
with and is complying with the terms and conditions of this Agreement with respect
to such premises;
16.1.2 To perform or cause to be performed maintenance and make repairs and
replacements: and
16.1.3 To make structural additions and alterations.
16.2 Obstruction by City. All entries made for the purposes enumerated above shall, except as
otherwise provided in Article 12, Total or Partial Destruction, be without abatement of
damage for inconvenience.
16.3 Obstruction by Contractor. In the event that any personal property of Contractor shall
obstruct the access of the City, its officers, employees, agents or contractors, or a utility
company furnishing utility service to any of the existing utility, mechanical, electrical and
other systems, and thus shall interfere with the inspection, maintenance or repair of any
such system, Contractor shall move such property, as directed by the City or said utility
company, in order that access may be had to the system or part thereof for inspection,
maintenance or repair. If Contractor shall fail to so move such property after direction from
the City or said utility company to do so, the City or the utility company may move it
without liability for damage sustained in moving.
16.4 No Eviction or Abatement. Exercise of any or all of the foregoing rights in this Article, by
the City, or others under right of the City, shall not be, nor be construed to be, an eviction
of Contractor, nor be made the grounds for any abatement of any claim or demand for
damages against the City, consequential or otherwise, except claims for damages to
person or property caused solely by the negligence of the City.
ARTICLE 17 Default, Rights of Termination
17.1 Default by Contractor. Time is of the essence in the performance of services and
payments of any amounts due under this Agreement. Contractor shall be in default under
this Agreement upon the occurrence of any one or more of the following events:
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 28 of 43
17.1.1 Contractor's failure to pay any fee or other charge when due, or provide acceptable
financial reports if requested by the City within five (5) workings days after notice
from City of such nonpayment or request.
17.1.2 Contractor's failure to maintain the insurance required in Section 13.4.
17.1.3 Contractor's assignment of any right hereunder in violation of Article 15.
17.1.4 Contractor's failure to perform, keep or observe any of the terms, covenants or
conditions of this Agreement within seven (7) days (or such longer time as may be
necessary to cure, provided that cure is commenced within the initial seven 7 days)
after notice from the City specifying the nature of the deficiency with reasonable
particularity and the corrective action that is to be taken within such period to cure
the deficiency.
17.1.5 The filing by Contractor of a voluntary petition in bankruptcy, the filing of an
involuntary petition in bankruptcy against Contractor, the taking of possession of all
or substantially all of Contractor's assets pursuant to proceedings brought under
the provisions of any federal reorganization act or the appointment of a receiver of
all or substantially all of Contractor's assets and the failure of Contractor to secure
the return of such assets and/or the dismissal of such proceeding within thirty (30)
days after the filing.
17.1.6 The abandonment for a period of (7) calendar days by Contractor of the conduct of
its services and operations.
17.1.7 The assignment by Contractor of its assets for the benefit of creditors.
17.1.8 The death of the Contractor or his/her inability to provide services under this
Agreement for an aggregate period of 45 days or more during any annual term of
this Agreement.
17.1.9 After written notice to the Contractor of any violation of the personal conduct or
performance standards set forth in Section 6, above, and a hearing of the matter
before the City's Director of Purchasing, if such a hearing has been requested in
writing received by the Director of Purchasing within ten (10) days after mailing of
written notice of violation, a determination by the Director of Purchasing and Risk
Management that the alleged violation has, in fact, occurred, and that such
violation materially interferes with Contractor's ability to perform its services
hereunder in a manner satisfactory to the City or otherwise impairs the benefits to
be derived from the City by this Agreement, including the good will, satisfaction,
health and safety of the general public.
17.2 City's Remedies on Default.
17.2.1 In the event of a default by Contractor, the City may terminate this Agreement
effective immediately upon provision of written notice of such termination to
Contractor. In the alternative, the City may elect to keep the Agreement in force
and work with Contractor to cure the default. If this Agreement is terminated,
Contractor shall refund to the City that portion of the Golf Services Fee paid by the
City pursuant to Section 8.2 proportional to the time remaining in the calendar
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 29 of 43
month at the time of the Contractor's default, and the City shall have the right to
take possession of the Concession Space at the time of default. Contractor's
liability to City for damages shall survive the termination, and the City may re-enter,
take possession of the Concession Space and remove any persons or property by
legal action or by self-help with the use of reasonable force and without liability for
damages.
17.2.2 Following re-entry or abandonment, City may make arrangements for use of the
Concession Space by others and in that connection may make any suitable
alterations or refurbish the Concession Space, but City shall not be required to
make such arrangement for any use or purpose.
17.3 Rights and Remedies Reserved. It is understood and agreed that any rights and remedies
reserved pursuant to this Article are in addition to any other rights or remedies the City
may have pursuant to this Agreement or to applicable law to seek judicial enforcement,
damages or any other lawful remedy.
17.4 Termination Notice. Notwithstanding the time periods contained herein, in the event the
City elects to renew this agreement beyond the term in paragraph 7.1, either party may
terminate this Agreement effective December 31st of the respective contract year without
cause by providing written notice to the other party. Such notice shall be delivered at least
ninety (90) days prior to December 31st. All notices provided under this Agreement shall
be effective when mailed, postage prepaid and sent to the addresses provided in Section
18.15, below.
ARTICLE 18 Miscellaneous Provisions
18.1 Cumulative Rights. All remedies provided in this Agreement shall be deemed cumulative
and additional and not in lieu of, or exclusive of, each other or of any other remedy
available to the City, or Contractor, at law or in equity, and the exercise of any remedy, or
the existence herein of other remedies or indemnities shall not prevent the exercise of any
other remedy.
18.2 Non-Waiver. The failure by either party to exercise any right or rights accruing to it by
virtue of the breach of any covenant, condition or agreement herein by the other party
shall not operate as a waiver of the exercise of such right or rights in the event of any
subsequent breach by such other party, nor shall such other party be relieved thereby
from its obligations under the terms hereof.
18.3 Non-liability of Individuals Other than Contractor. With the exception of Contractor, no
director, officer, agent or employee of either party hereto shall be charged personally or
held contractually liable by or to the other party under any term or provision of this
Agreement or of any supplement, modification or amendment to this Agreement because
of any breach thereof, or because of its or their execution or attempted execution of the
same.
18.4 Limitations on Use. Contractor shall not use, or permit the use of the Concession Space,
or any part thereof, for any purpose or use other than those authorized by this Agreement.
Neither shall Contractor permit nor suffer any disorderly noise or nuisance whatsoever
about the Concession Space or Collindale Golf Course.
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18.5 Governing Law. This Agreement shall be performable and enforceable in Larimer County,
Colorado, and shall be construed in accordance with the laws of the State of Colorado.
18.6 Benefits. This Agreement is made for the sole and exclusive benefit of the City and
Contractor, their successors and assigns, and is not made for the benefit of any third
party.
18.7 Construction. In the event of any ambiguity in any of the terms of this Agreement, it shall
not be construed for or against any party hereto on the basis that such party did or did not
author the same.
18.8 Successors and Assigns. All covenants, stipulations and agreements in this Agreement
shall extend to and bind each party hereto, its legal representatives, successors and
assigns.
18.9 Headings. The titles of the several articles of this Agreement are inserted herein for
convenience only, and are not intended and shall not be construed to affect in any manner
the terms and provisions hereof, or the interpretation or construction thereof.
18.10 Attorney Fees. In the event any legal action or proceeding is brought to collect sums due
or to become due hereunder or any portion thereof or to enforce compliance with this
Agreement for failure to observe any of the covenants of this Agreement, the losing party
agrees to pay to the prevailing party such sums as the Court may judge reasonable
attorneys' fees and costs to be allowed in such action or proceeding and in any appeal
therefrom.
18.11 Contract Documents, Entire Agreement. This writing, together with the exhibits hereto
constitutes the entire agreement between the parties, their officers, employees, agents
and assigns and supersedes all prior agreements, understandings, warranties or promises
between the parties hereto, whether written, spoken or implied from the conduct of the
parties hereto.
18.12 Severability. In the event any covenant, condition or provision of this Agreement is held
to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants,
conditions or provisions of this Agreement, provided that the invalidity of any such
covenant, condition or provision does not materially prejudice either City or Contractor in
his/her or its respective rights and obligations under the valid covenants, conditions or
provisions of this Agreement.
18.13 Surrender of Possession. Upon the expiration of this Agreement or its earlier termination
as herein provided, Contractor shall remove all of its property from Collindale Golf Course
and surrender entire possession of its rights at Collindale Golf Course to City and its
improvements in accordance with Section 11 above, unless this Agreement is renewed or
replaced.
18.14 City Representative. The City designates the Director of Parks, as its representative who
shall make, within the scope of his/her authority, all necessary and proper decisions with
reference to this Agreement. All requests for contract interpretations, amendments and
other clarifications or instructions shall be directed to the City Representative.
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18.15 Notices. Notices permitted or required to be given under this Agreement shall be in
writing and shall be deemed given upon personal delivery or upon deposit in the United
States Mail, certified, return receipt requested, postage fully prepaid, addressed as follows
or to such other address as the parties may designate from time to time by notice given in
accordance with this Section:
Contractor: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept
PO Box 580
Fort Collins, CO 80522
18.16 Schedules and Exhibits. Whenever reference is made in this Agreement to a Schedule
or an Exhibit, unless otherwise specifically expressed to the contrary, such Schedule or
Exhibit shall be deemed attached to and by this reference incorporated in this Agreement.
18.17 Force Majeure. However, neither the City nor the Contractor shall be deemed in
violation of this Agreement if prevented from performing any of its obligations hereunder
by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials,
acts of God, act of public enemy, acts of superior governmental authority, weather
conditions, rights, rebellion, sabotage or any other circumstances that are not within its
control.
18.18 No Limitation on General Powers Nothing in this Agreement shall be construed as in any
way limiting the general powers of the City to fully exercise their governmental functions or
their obligations under any bond covenants or federal, state or local laws, rules or
regulations.
18.19 No Relationship. Nothing contained herein shall be deemed or construed by the parties
hereto nor by any third party as creating the relationship of employer and employee,
principal and agent or a partnership or a joint venture between the parties hereto. It is
agreed that in the performance of the golf services and concession operation hereunder,
the Contractor is an independent contractor responsible to the City only as to the results to
be obtained and to the extent that the services and operation shall be done in accordance
with the terms of this Agreement.
18.20 Survival. To the extent necessary to carry out all of the terms and provisions hereof, the
said terms, obligations and rights set forth herein required shall survive and shall not be
affected by the expiration or termination of this Agreement.
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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
Purchasing Director
Date:_______________________________
ATTEST:
________________________
APPROVED AS TO FORM:
________________________
CONTRACTOR'S NAME
By:
Printed:
Date:
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 33 of 43
EXHIBIT A
SCOPE OF GOLF SERVICES
The Golf Professional at the Golf Course shall be a member of, the Professional Golfers'
Association of America ("PGA") and carry a class A member classification. He or she must be of
character that is accepted by the general public.
The following is a list of specific duties required of the Golf Professional. This list is not all-
inclusive, but does include the most important duties to be performed by the Golf Professional
or those under his supervision.
A. Contractor in General
1. Management and scheduling of the golf course operations at the Collindale Golf Course,
including but not limited to, the general management of play on the course and driving
range, course monitoring (ranger/marshal functions), preparation, return inspection, and
rental of City-provided golf carts, golf lessons/instruction, golf club repair and rentals,
tournament and league coordination, and overall use and management of the
clubhouse, including the daily cleaning of all outside entrance areas and cleanliness of
the clubhouse.
2. Timely collection and accounting of City green fees, annual pass fees, gift certificates,
tournament fees, golf cart rental or use fees, Premier card, driving range fees, employee
or volunteer charge fee, City building rentals, and other fees in the amounts set by the
City.
3. Cleaning and daily preparation for customers of City-provided golf carts, including the
daily cleaning of the golf cart staging area.
4. Provision of starters, at least one assistant golf professional, course monitors
(marshals/rangers), janitors, cashiers and other personnel as necessary to facilitate full
and efficient use of the course and other activities at the Collindale Golf Course.
5. Supervise the reservation system and the flow of players onto the Golf Course. Make
every effort to maximize the number of tee time reservations per day of operation.
6. Operate at his/her sole risk, cost, profit and expense, a service-oriented, well-
provisioned golf pro shop that satisfies the needs of the public.
7. Provide a golf equipment repair service and provide any other facility necessary to
facilitate such repair.
8. Make available and provide for rental to the public pull carts and golf clubs.
9. Generally supervise and maintain a favorable working relationship with all local golf
associations. Personally provide assistance and support to each association to meet the
reasonable demands of the association. Make every effort to equitably provide
assistance and support to both men's and women's golf associations.
B. Golf Professional
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1. The Contractor shall devote his/her full time and attention as the primary golf
professional for the Collindale Golf Course during the entire calendar year. Upon
submitting a written request at least three (3) days in advance and receiving the City's
consent, he/she may take up to a total of twenty one (21) vacation days annually, no
more than five of which may be consecutive between April-September. The City’s
expectation is that vacation days will generally be taken October through March. The
Contractor may be away from the Golf Course for the purpose of participating in
tournament play or other golf-related activities, i.e. schools, seminars and
demonstrations, to maintain and/or improve professional status for not more than ten
(10) days between April-September with no more than five (5) of which may be
consecutive days between April-September.
2. Contractor shall use his/her best effort to manage the pace of play on the course.
Setting expectations and educating golfers about the time to complete a round and
monitoring the course to enforce compliance are expected. Utilizing a course starter
during periods of heavy use to help manage pace of play is required.
3. The Contractor shall regularly play golf with a number of different customers to generally
promote golf and Golf Course.
4. In periods of heavy play, Contractor shall regularly tour the Golf Course to greet
customers and answer questions, monitor the flow of play and generally inspect the
facility. Report any physical course problems or safety issues to the Golf Operations
Manager or designee.
5. The Contractor shall serve as the primary monitor (marshal/ranger) at the Golf Course
and maintain the pace of play according to industry standards and City Policies and
Procedures. Volunteers, after proper training by the Contractor, may also act as course
marshals or rangers.
C. Growing the Game.
1. Contractor shall use his/her best effort to increase rounds played at the course, the use
of carts and the driving range. This includes promoting league play and tournaments. It
also includes providing programs and services so attract young (junior) golfers, women
golfers and dormant golfers to the course. Efforts could include golf camps, leagues or
special events or programs for these types of golfers, female teaching pros, SNAG Golf,
Get Golf Ready, Right Tees and similar efforts.
2. Provide competent golf instruction for all levels of players.
3. Plan, organize, administer and participate in the City's junior golf program.
4. Provide, train and supervise assistant Golf Professionals, starters, marshals, player
assistants and other personnel necessary to perform requirements set forth in the
Concession Agreement.
5. Attend Golf Course Advisory Board meetings and other meetings as required.
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 35 of 43
6. Represent the City in local PGA section activities and tournaments.
7. Constructively participate in an evaluation of the Golf Professional's operation on an
annual basis.
8. Maintain a close relationship and cooperate with the Golf Course Superintendent.
9. Retrieve balls from practice range daily or as necessary, wash balls, stock ball machine,
dispense balls to the public and collect range fees. Collect and account for all golf fees
as established by City ordinance. The Golf Professional does not have the authority to
waive any fees owed to the City by a customer or staff with the exception of the
following:
a. Issue refunds to an unsatisfied customers.
b. City staff, only when authorized within the limit of a written policy established by the
Director of Parks.
c. A guest who presents an official City-issued complimentary pass or City-issued gift
certificate.
d. PGA golf professionals and GCSAA members.
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 36 of 43
EXHIBIT B
SCOPE OF PRO SHOP AND DRIVING RANGE SERVICES
I. Pro Shop and Driving Range.
A. The Contractor shall operate a golf pro shop in the clubhouse which shall stock a variety
of golfing equipment (for sale and rent), supplies and related merchandise in sufficient
quantity to meet the demands of customers of the golf course.
B. The Contractor shall provide all merchandise and display fixtures, stock, supplies and
inventory for the shop.
C. The Contractor shall operate the driving range such operation to include making
equipment and range balls available for use. The City shall provide replacement range
balls as the current inventory of range balls wears out. The City shall own and maintain
the Range Ball Equipment in Exhibit F. Contractor shall retrieve, wash and load range
balls in the range ball dispensing machine as needed to ensure balls are always
available for customers. The City shall be responsible for replacing the range ball
dispensing machine when the parties agree the machine has reached end of life.
D. The Contractor may retrieve and own any abandoned golf balls at Collindale Golf
Course.
II. Merchandise Quality, Price Control. Contractor acknowledges the desire and obligation of
City to provide the public and the golfer high quality merchandise and a high level of public
service. Therefore, Contractor agrees to offer for sale from the clubhouse only high quality
merchandise at prices not to exceed the prices customarily charged for similar merchandise
in high quality Fort Collins area operations. If, in the opinion of the City, the selection of
items offered is inadequate, if the merchandise is not of high quality, if any of the prices,
charges and rates are excessive, or if any of the items are found to be objectionable for
display and/or sale in a public facility, a representative of the City shall meet and confer with
Contractor regarding such matters, but Contractor acknowledges that the City's
determination as to same shall be conclusive. Failure of Contractor to correct, rectify or
modify its prices or quality within five (5) days of being advised in writing to do so shall be
cause for default. Contractor shall not offer for sale gift certificates, vouchers, punch cards,
or other similar services, except to the extent the same are restricted and limited in duration
to one year or less.
III. Use of the Clubhouse. The Contractor shall use any and all parts of the clubhouse and
designated areas of the golf cart storage building, hereinafter collectively referred to as
"clubhouse," for the purpose of operating the concessions and for other incidental purposes
only. The clubhouse shall not be used for any other purpose without the prior written
consent of City.
IV. Maintenance and Repairs.
A. The City shall be responsible to maintain and repair the interior and exterior of the
clubhouse. The City shall not in any way be liable to the Contractor for failure to make
repairs unless the Contractor has previously notified the City in writing of a need for such
repairs, and the City has failed to commence and complete said repairs within a
reasonable period of time following receipt of the notification.
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 37 of 43
B. The Contractor shall be liable for and shall reimburse the City for the cost of any repairs
or damage caused by any act or negligence of the Contractor or its agents or
employees.
C. The Contractor shall secure the retail pro shop area and shall provide janitorial services
to that area, keeping it clean and in good sanitary condition as required by the
ordinances, regulations and statutes of the City of Fort Collins, County of Larimer and
State of Colorado and this Agreement.
D. The Contractor shall neither hold nor attempt to hold the City liable for any injury or
damage, either proximate or remote, occasioned through or caused by defective
electrical wiring or the breaking or stoppage of plumbing or sewage in or upon the
clubhouse, whether said breakage or stoppage results from freezing or otherwise.
E. The Contractor shall not permit nor suffer the clubhouse or the walls thereof to be
endangered by overloading nor permit it to be used for any purpose which would render
the insurance thereon void or insurance risks more hazardous without prior written
consent of the City, which consent may be conditioned upon the Contractor obtaining
additional specific insurance coverage for such more hazardous risks.
V. Alterations and Improvements.
A. All alterations, additions, improvements or changes to the clubhouse by the Contractor
subsequent to the commencement of the term shall be subject to the prior written
approval of the City.
B. The City reserves the right, from time to time (without invalidating or modifying this
Agreement), to make alterations, changes and additions to the land and improvements
of which the clubhouse forms a part.
C. The Contractor hereby indemnifies and agrees to hold the City harmless from all liens,
claims or charges on account of any alterations, additions, improvements or changes to
the clubhouse by Contractor.
D. At the end of the term of this Agreement, all fixtures, equipment, additions and
alterations, except trade fixtures installed by the Contractor, shall be and remain the
property of the City. Provided, however, the City shall have the option to require the
Contractor to remove any or all such fixtures, equipment, additions and alterations and
restore the clubhouse to the condition that existed immediately prior to such change and
installation, normal wear and tear excepted, all at the Contractor's cost and expense. All
such work shall be done in a good and workmanlike manner and shall consist of new
materials unless otherwise agreed to by the City.
VI. Credit Card Billing System. The City and the bank handling the City's banking services will
allow the Contractor to use the City's credit card billing system for the collection of all City
fees and charges, as well as for specified Golf Professional/Concession fees, with the
Contractor paying for their share of said service, and at the rate established by the City.
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 38 of 43
EXHIBIT C
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 8417 Collindale Golf Course Professional/Concessionaire Page 39 of 43
EXHIBIT D
CITY-OWNED INVENTORY
COLLINDALE CLUBHOUSE EQUIPMENT
Counters and check–in desk
Public address system
Security system
POS system with HP Printer (GolfTrac)
A down stairs rental lockers
Compressor
Power Washer
Small safe
Phone system
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 40 of 43
EXHIBIT E
CONTRACTOR-PROVIDED PERSONAL PROPERTY
Office furniture and associated equipment consisting of -2 desks, desktop computer, laptop,
printer, copy machine, water dispenser, steamer,2 office chairs, filing cabinet, small electric
appliances.
All shop retail fixtures
Rental clubs
Wall hangings
Club repair equipment and associated materials
All equipment and materials located in basement storage area
Rental pull carts
Small tools, ladders, battery charger, microwave and small frig
Academy Building and associated equipment- includes office equipment, club fitting equipment,
TV, computer
Winter teaching and club fitting dome
4 white plastic tables and 15 chairs
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 41 of 43
EXHIBIT F
CITY OWNED DRIVING RANGE EQUIPMENT
Range ball dispenser
Office programing system
All current range balls
Range picker cart
Range picker gang unit
2 ball washers
20 Country Club Elite range mats
Assorted rubber tees, ball trays for use on mats
12 range ball barrels
35 range ball crates
20 bag stands
All range ball baskets and stacking equipment
Ropes, markers, signs
All range keys for ball machine
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 42 of 43
EXHIBIT G
INSURANCE LIMITS
1. $1,000,000 -- Liquor Liability, per occurrence
2. $1,000,000-- Commercial General Liability with Combined Single Limit; $2,000,000
Aggregate
3. Statutory -- Workers’ Compensation Coverage A
4. $100,000/$500,000/$100,000 -- Workers’ Compensation Coverage B
5. $1,000,000 -- Products Liability
RFP 8417 Collindale Golf Course Professional/Concessionaire Page 43 of 43
EXHIBIT H
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, __________________, swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
___ I am a United States citizen, or
___ I am a Permanent Resident of the United States, or
___ I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
___________________________ _______________
Signature Date
INTERNAL USE ONLY Valid forms of identification
---current Colorado driver’s license, minor driver’s license, probationary driver’s license,
commercial driver’s license, restricted driver’s license, instruction permit
---current Colorado identification card
---U.S. military card or dependent identification card
---U.S. coast guard merchant mariner card
---Native American tribal document
The following forms of identification may be accepted through February 28, 2007*
---original birth certificate from any state of the United States
---certificate verifying naturalized status by U.S. with photo and raised seal
---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
---order of adoption by a U.S. court with seal of certification
---valid driver’s license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL,
MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI
---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with
current I-551 stamp or visa, current foreign passport with I-94, I-94 with asylum status, unexpired
Resident Alien card, Permanent Resident card or Employment Authorization card
*A waiver may be available where no identification exists or can be obtained due to a medical
condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver’s
license. Contact your department director.