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HomeMy WebLinkAbout13399 RESOLUTION NO. 13399 A RESOLUTION AWARDING AND APPROVING A LEASE AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND RACING COMMUNITY OF SOUTHERN COLORADO MOTORSPORTS, LLC. FOR THE OPERATION, MANAGEMENT, AND PROMOTION OF CERTAIN FACILITIES AT PUEBLO MOTORSPORTS PARK AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1: The Lease Agreement dated March 14, 2016 between the City of Pueblo and the Racing Community of Southern Colorado Motorsports, LLC. (RCSC), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2: The President of the City Council is authorized to execute the Lease Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3: The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Resolution and the attached agreement to effectuate the transaction described therein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: March 14, 2016 BY: Robert Schilling City Clerk’s Office Item # Q-2 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: March 14, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier – Director of Parks and Recreation Department SUBJECT: A RESOLUTION AWARDING AND APPROVING A LEASE AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND RACING COMMUNITY OF SOUTHERN COLORADO MOTORSPORTS, LLC. FOR THE OPERATION, MANAGEMENT, AND PROMOTION OF CERTAIN FACILITIES AT PUEBLO MOTORSPORTS PARK AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME SUMMARY: This Resolution approves a Lease Agreement between the City of Pueblo and the Racing Community of Southern Colorado Motorsports, LLC, for the operation, management, and promotion of the drag racing and road racing facilities located within the Pueblo Motorsports Park. PREVIOUS COUNCIL ACTION: There has been no previous Council Action. BACKGROUND: In 2009, the City of Pueblo established the Honor Farm Enterprise responsible for the operation, management, and improvement of the 2,373 acre Honor Farm property. The Honor Farm Enterprise, by City Ordinance, is required to be operated and managed without subsidy from the City’s General Fund. The racing facility at the Pueblo Motorsports Park (PMP) contains approximately 233 acres of fenced-in, contained motorsports areas and facilities within the Honor Farm property. On March 11, 2013, the City of Pueblo entered into a three-year lease and management agreement with FAASST Motorsports, Inc. to operate, manage, and promote the City owned PMP. Based on numerous comments from the racing community during several public meetings, on November 16, 2015, City Council made the decision to reopen bidding on the contract to operate and manage PMP after the FAASST Motorsports, Inc. agreement expired on December 31, 2015. Racing Community of Southern Colorado Motorsports, LLC (RCSC) submitted the only proposal. FINANCIAL IMPLICATIONS: In accordance with the specifications as described in the RFP and proposal, the RCSC agrees to pay to the City the following: Base Rent Year 1: $1,000 annual fee plus RCSC will repair the Compulink Timing System (value at $10,000) Year 2: $15,000 annual fee Year 3: $15,000 annual fee Year 4: $20,000 annual fee Year 5: $25,000 annual fee In addition to the base rent, RCSC will also provide one dollar ($1) per spectator from each event conducted by RCSC. This does not include other events that will be hosted by other racing organizations. The submitted proposal lists twenty-six RCSC sponsored events scheduled for 2016. Beginning in Year 3 and for every year thereafter that the net profit exceeds $100,000, RCSC will also provide to the City a payment of 5% of the net profit in addition to the base rent and in future years would like to have an option to provide Capital Improvements to the facility in lieu of base rent. Seventy-five percent of the monies received from RCSC as additional rent will be reinvested in the property to complete maintenance or improvement projects. Operator will be responsible for paying all utilities, including, but not limited to, electric, gas, sewage, water, trash, cable, and internet. It is expected that the City will be responsible for various expenses each year, depending upon required repairs to the racetrack facility. RCSC may enter into sponsorship contracts for less than $20,000. Any sponsorship contract over $20,000 or involving the naming or the whole, or any portion of, the leased premises must be approved by the City. BOARD/COMMISSION RECOMMENDATION: The Honor Farm Enterprise Advisory Committee has recommended that this Agreement be approved as submitted. STAKEHOLDER PROCESS: Several public meetings were held to gain stakeholder feedback. As a result of these stakeholder meetings, City Council decided to open the bidding for operation and management of the racing facility once the current operator’s existing agreement expired. ALTERNATIVES: If this Resolution is not approved, PMP will remained closed indefinitely. RECOMMENDATION: Approval of the Resolution. PROPOSED MOTION: This Resolution will be placed on the Consent Agenda. A LEASE AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO,A MUNICIPAL CORPORATION,AND RACING COMMUNITY OF SOUTHERN COLORADO MOTORSPORTS,LLC FOR CERTAIN FACILITIES AT PUEBLO MOTORSPORTS PARK This Agreement("Agreement")is made and entered into this 14th day of March, 2016,by and between the City of Pueblo acting by and through its Honor Farm Properties Enterprise(hereinafter referred to as "City"),and Racing Community Of Southern Colorado Motorsports,LLC(hereinafter referred to as "Operator"or"RCSC"). RECITAL$ WHEREAS, the City owns certain real property known as the Pueblo Motorsports Park, located at 3733 North Pueblo Boulevard, Pueblo,Colorado 81008(the"Park"); and WHEREAS, Operator has experience managing and conducting motor sports events and desires to manage, use, and operate certain facilities at the Park for the purpose of conducting motor sports events;and WHEREAS, City is willing to enter into this Agreement to permit Operator to manage, use and operate certain facilities at the Park for the purpose of conducting motor sports events at the Pueblo Motorsports Park in accordance with and subject to the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual promises and agreements of the Parties hereto, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties hereby agree as follows: TERMS AND CONDITIONS 1. DEFINITIONS. As used herein,the following words and phrases shall have the following meanings: (a) "City Fleet"means the City's Department of Fleet Maintenance, located at 300 E. "D" Street, Pueblo, CO. "City Fleet Services Supervisor" means the City's Director of Fleet Maintenance of any person that the Director of Fleet Maintenance may authorize to act in his stead. (b) "Director" means the City's Director of Parks and Recreation or any person that the Director of Parks and Recreation may authorize to act in his stead. (c) "Equipment" shall mean all equipment, supplies and/or materials listed in Exhibit B attached hereto. (d) "Grounds Equipment," "Concessions Equipment," "Office/Mobile Home Equipment" and "Tower Equipment" used individually shall only mean that equipment specifically designated by,and listed under those headings in Exhibit B attached hereto. (e) "Leased Premises" means and includes all of the facilities, tracks, buildings, and land included within that area of the Park outlined in red on the map and/or aerial photo attached to the this Agreement as Exhibit A. No event shall be conducted outside the leased boundary on the Honor Farm property without prior written approval of the City. (f) "Physical Facilities" shall mean the buildings, parking lots, tracks, plumbing system, heating system, and electrical system located on the Leased Premises. (g) "Profit" shall mean adjusted gross income reported on Operator's annual Federal Tax Return. (h) "Sponsorship Contract" means any contractual arrangement in which a third party business pays for the right to have its product used or sold at the Leased Premises, or to place advertising signs,banner,and other materials at the Leased Premises. 2. EXHIBITS TO AGREEMENT. (a) The following exhibits are attached and incorporated as part of this Agreement: Exhibit A: Area Map with marked perimeter designating the Leased Premises, Honor Farm Map, Race Facility Maps I & II Exhibit B: List of Equipment Exhibit C:Request for Proposal for Project No. 15-067 Exhibit D: Certificate of Insurance Exhibit E: PERA Questionnaire (b) In the event of any conflict between the terms of this Agreement and any Exhibit made a part of this Agreement, the Terms and Conditions of this Agreement shall take precedence and control over all Exhibits. 3. GRANT OF EXCLUSIVE RIGHT TO OCCUPY AND OPERATE LEASED PREMISES. (a) City grants to Operator the exclusive right to occupy, use, manage, and operate the Leased Premises in order to conduct motor sports events, subject to: (1) The City's right to enter the Leased Premises with or without notice to Operator to inspect the premises, and to perform major repairs. City will use good faith efforts to notify Manager of its need to enter the Leased Premises. (2) The City's right to review and approve any and all Sponsorship Contracts as set forth in Section 9 of this Agreement; (3) The City's right to inspect the Operator's records, including but not limited to sales receipts, inventory lists, equipment logs, third party Release Agreements, purchase orders, payroll, financial records, tax returns and bank statements, or any subcontractor contracted by Operator to work, manage, or operate all or a portion of the Leased Premises. Any subcontract agreement must include a provision reserving this right to the City; (4) Operator holding, operating and/or managing a guaranteed minimum number of racing events on the Leased Premises as follows: • 12 Road Racing events(motorcycle or auto) • 12 Non-Consecutive Friday Night Drag events(June, July,August) • 4 Drag Racing Points events (5) Operator honoring the 2016 - 2021 Gold Cards and 2016 - 2021 Youth Passes for all events held at the Leased Premises during 2016-2021; (6) Operator entering into a rental agreement with Southern Colorado Quarter Midgets Association for use of the quarter midget track located within the Leased Premises. 4. TERM. (a) The initial Term of this Agreement shall commence on March 7, 2016 and end on December 31,2020 ("Term") unless sooner terminated pursuant to the terms of this Agreement. (b) Either party may have the option to extend the term of this Agreement for up to five additional one-year terms by giving the other written notice of its intent to exercise its option within one hundred and twenty (120)days prior to the expiration of the then current term. Any extension beyond the original term of this Agreement is contingent upon the parties negotiating in good faith any changes to the terms of this Agreement. No extension shall be effective until it is reduced to writing and signed by both parties. 5. RENT. (a) Base Rent. Operator shall pay to the City without notice, offset or deduction base rent for the Leased Premises as follows,except as provided in paragraphs 5(a)(2) and 13(b)herein: (1) Yearly Rental Rates: i. Year 1 (March 7,2016—December 31,2016) $11,000.00 ii. Year 2(January 1, 2017—December 31,2017) $15,000.00 iii. Year 3 (January 1,2018—December 31,2018) $15,000.00 iv. Year 4(January I,2019—December 31,2019) $20,000.00 v. Year 5 (January 1, 2020—December 31,2020) $25,000.00 (2) The rent for Year 1 shall be paid as follows: i. $1,000.00 shall be paid by June 30, 2016. ii. If Operator contracts with a professional, licensed contractor to repair the timing system and such repairs are actually performed then rental amounts due for 2016 may be reduced by any amount paid by Operator for such repairs. Operator shall submit to Director for approval a copy of a quote and any additional materials requested by Director prior to any work being performed. This repair shall be performed and completed within 90 days of Operator's receipt of Director's written approval. Once repairs are completed, Operator must submit a copy of a final invoice and proof of payment to Director in order to receive credit for any reduction in rent. If repairs are not performed or Operator's payment for the same is not completed,rejected,or dishonored for any reason,any remaining amounts due as rent shall be paid by September 30,2016. (b) Additional Rent, In addition to the base rent, Operator shall pay to the City additional rent for the Leased Premises as follows: (1) Operator will remit to the City one dollar ($1.00) per spectator or other attendee for all events directly hosted or administered by Operator. (2) Beginning in Year 3 and continuing for each subsequent year, Operator shall pay to City five percent(5%) of its Profit if the net profit for that year exceeds one hundred thousand dollars($100,000). (c) Base Rent shall be made payable to Honor Farm Enterprise and delivered to the Director at the place designated in this Agreement for Notice to the City. Base Rent shall be paid into the Honor Farm Properties Enterprise. Base Rent shall be due without notice, offset or deduction in two equal increments each year with the first due on or before June 30 of each year and the second due on or before September 30 of each year,except as provided in paragraphs 5(a)(2)and 13(b)herein. (d) Additional Rent, if any, shall be due and payable by May 30th of the year following the year for which the additional rent is due (i.e. for Year 1 —May 30, 2017). Any and all Additional Rent shall be made payable to the Honor Farm Enterprise and delivered to the Director at the place designated in this Agreement for Notice to the City. The City shall use seventy-five percent (75%) of all Additional Rent paid by Operator to maintain, repair, and/or upgrade the Leased Premises. The City shall consider recommendations from Operator with regard to the maintenance, repairs, and/or upgrades desired on the Leased Premises or access thereto; however, the City shall make all final decisions regarding the expenditure of the Additional Percentage within its sole and absolute discretion. Unexpended Additional Percentage shall be carried over from one year to the next on an ongoing basis. (e) Operator shall pay to City a late fee in the amount of five percent(5%) of the Base Rent for any rent payment paid more than thirty (30) days after it is due. All rent, fees, and other sums due under this Agreement shall bear interest at the rate of eight percent(8%)per annum from the date the sum first becomes due, compounded monthly. 6. UTILITIES. Operator shall pay, before delinquent, all charges for utilities, including but not limited to electric,gas, sewage,water,phone,trash, cable, and internet. 7. SECURITY DEPOSIT. (a) Operator shall pay to City and City shall retain a deposit in the sum of Three Thousand Five Hundred Dollars ($3,500) to ensure performance of Operator's obligations under this Agreement. Operator shall pay one half of the Security Deposit($1,750) upon execution of this Agreement. Operator shall pay the balance of the Security Deposit ($1,750) no later than seven business days after Operator holds its first revenue generating event. In the event that Operator fails, neglects or refuses to pay any rent, fee,or other sum due under this Agreement, or fails to perform any obligation under this Agreement, then City may, in its sole and absolute discretion, draw from this security deposit to remedy Operator's default. Nothing contained in this Agreement shall require City to remedy Operator's default in this manner, and City may instead, in its sole and absolute discretion, refuse to remedy Operator's default by drawing on the security deposit, and instead pursue the remedies for default provided in this Agreement or by law. (b) In the event that City draws from this security deposit to remedy Operator's default, City shall notify Operator in writing and require Operator to replenish the deposit to its original level. Failure of Operator to comply with this section shall constitute a material breach of this Agreement. (c) Within sixty (60) days after the Term of this Agreement, including any extension thereof, expires or terminates City shall refund to Operator the security deposit, less any portion of the security deposit that City has applied to remedy any of Operator's defaults under this Agreement, including but not limited to unpaid rent, other sums due under this Agreement, and any damages or cleaning that may be required, whether discovered during the term of this Agreement or afterward. 8. CITY TO PROVIDE CERTAIN CAPITAL IMPROVEMENTS AND EQUIPMENT. (a) City has paid for certain capital improvements to the Leased Premises and purchased the Equipment presently located on the Leased Premises as set forth in Exhibit B attached hereto, for Operator's use on the Leased Premises. All such improvements and Equipment shall remain Property of the City and shall be returned to the City at the termination of this Agreement. All Equipment shall be tagged with City identification within one(1)month of signing of this document. (b) Operator shall not remove any Equipment from the Leased Premises without the express written consent of the City. Operator shall operate and maintain, at its own expense, all Equipment, except as provided in paragraph 10(k-l). ALL EQUIPMENT PROVIDED TO OPERATOR AS SET FORTH IN EXHIBIT B IS ON AN "AS IS" "WITH ALL FAULTS" BASIS, AND CITY MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDITION OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE. Operator is hereby advised that Operator shall be solely responsible for personally inspecting the Equipment before execution of this Agreement and any use of the Equipment. Operator's execution of this Agreement and use of the Equipment shall constitute an expressed acknowledgement by Operator that the Equipment is safe and adequate for Operator's intended and permitted use. Operator shall have exclusive control of the Equipment during the pendency of this Agreement, subject to the City's right of inspection, and shall be responsible for all equipment and for adequate safeguard for the protection of Operator, its employees, agents, independent contractors, subcontractors, and representatives, and persons engaged in any activity on the Leased Premises. Notwithstanding any provision in this Agreement to the contrary or which may be construed to the contrary, City assumes no obligation or responsibility to replace the Equipment, or to keep or maintain the Equipment in good and safe condition, appearance or state of repair, regardless of cause of need for maintenance,repair and/or replacement. 9. SPONSORSHIP CONTRACTS AND WEBSITE. (a) Sponsorship Contracts. Operator may enter into sponsorship contracts for less than Twenty Thousand Dollars ($20,000) without the prior written consent of the City; however, the City reserves the right to require Operator to discontinue any sponsorship contracts and/or advertising that the City believes, in its sole and absolute discretion, is not in the City's best interests. Any sponsorship contract over Twenty Thousand Dollars($20,000)or involving the naming of the whole,or any portion of the Leased Premised must be approved by the City in writing,which approval may be withheld at the sole and absolute discretion of the City. (b) Website & Social Media Site. Operator must work with the City and provide necessary information to the City in order to update the Pueblo Motorsports Park website at all times during the Term of this Agreement and any extension thereof. Operator must insure a proper link from the Pueblo Motorsports Park website to the City of Pueblo website at all times during the Term of this Agreement. Operator may create and manage a separate social media site to promote the Pueblo Motorsports Park. The City has the right to require Operator to discontinue any advertising on the Pueblo Motorsports Park website or any social media site that the City believes, in its sole and absolute discretion, is not in the City's best interests. 10. MAINTENANCE OF LEASED PREMISES AND EQUIPMENT. (a) Operator shall operate, staff, manage, clean, repair, keep clean and sanitary, and maintain the Leased Premises and Equipment. Operator shall perform these duties with reasonable care according to the highest standards in the industry. (b) Operator shall use and maintain the Leased Premises in a clean, safe, and orderly manner, in compliance with all federal, state, and city laws and regulations and all rules and polices promulgated by the Director. Operator shall not allow any drifting events, military training or ramming exercises on the race tracks within the Leased Premises. (c) Operator shall develop and follow a maintenance schedule to control the growth of natural vegetation on the Leased Premises. This program shall include a regular schedule for weeds and other vegetation to be sprayed and mowed or otherwise eliminated. Operator shall ensure that all natural vegetation in the vicinity of the racetrack and spectator areas shall not exceed 5 inches (5") in height or otherwise as approved by Director. City will provide support to Operator as available to assist in the control of natural vegetation on the Leased Premises, which may include supplying information,guidance, or chemicals. (d) Operator shall not set any portion of the Park on fire; or use any incendiary or explosive devices without the prior written approval of the Fire Department and Director. (e) Operator shall repair and restore the Leased Premises and all its tracks and facilities to pre-event condition within a reasonable time after each Operator event. Operator shall report to the Director any major damage to the Leased Premises within one business day after the damage occurs. (f) Operator shall provide dust control during its use of off-road areas when necessary,to the extent and degree determined by City in its sole and absolute discretion, which shall include the use of Equipment to spray the tracks when using off-road areas. (g) Operator shall immediately clean up oil spills or any other fluid spills on the Leased Premises, including but not limited to the tracks, pits and staging areas. Operator will comply with all federal, state, and local laws, rules and regulations pertaining to the clean-up and disposal of oil, chemicals and other waste. (h) The City may inspect the Leased Premises at any time to determine if any additional cleaning is necessary, including but not limited to fluid spills, major debris, screws and glass. If so directed by the City after inspection of the Leased Premises, Operator shall perform all necessary additional clean-up at its sole expense. (i) Operator shall be responsible, at its sole expense, for all maintenance of the Physical Facilities and Equipment, except as provided in paragraph (k-m). Operator shall notify the Director of any damage or theft of Equipment or of the Physical Facilities within twenty-four (24) hours of the occurrence. (j) Operator shall record all hours of use of each piece of Grounds Equipment in a log, which shall be provided to the City Fleet Services Supervisor the first day of each month. Once per year or as otherwise requested by City, Operator shall provide access to the Leased Premises and Grounds Equipment in order to allow the City to inspect and test the Grounds Equipment. Within ten (10) days after this Agreement is executed by both parties, and by January 15 of each year the Agreement is in effect thereafter, Operator shall set up a yearly schedule for inspection and testing of the Grounds Equipment with Fleet Services. If requested by City, inspection and testing of the Grounds Equipment will occur at City Fleet. Operator shall be responsible for transporting Grounds Equipment to City Fleet. All inspection and/or testing work must be performed during the City Fleet Department's normal working hours M-F from 8:00 a.m. to 5:00 p.m. Operator will only hire and use qualified persons to operate the Grounds Equipment. (k) Operator shall be responsible for all routine maintenance of the Grounds Equipment. All routine maintenance and shall be performed by a certified, licensed technician belonging to Operator's organization and approved by Director in writing. If Operator does not have available such a technician, then all routine maintenance shall be performed by City Fleet. All work must be performed during City Fleet's normal working hours M-F from 8:00 a.m. to 5:00 p.m. at City's Fleet's facility. Operator is responsible to transport all equipment to City Fleet for maintenance and for all costs and fees incurred as a result. City shall be responsible for the cost of all parts necessary for routine maintenance of the Grounds Equipment. Operator shall obtain all parts necessary for routine maintenance from City Fleet. If the City Fleet Services Supervisor notifies Operator that it is unable to obtain the necessary parts, or that parts of like kind and quality may be obtained from an alternate source at a lower cost, then Operator, with the written approval of both the City Fleet Services Supervisor and Director's, may obtain parts from such alternate source. Operator must submit an invoice for any parts not obtained through the City Fleet Department to Director within 30 days of purchase to be eligible for reimbursement. For the purposes of this Agreement, "routine maintenance" means all simple, small-scale maintenance normally associated with regular and general upkeep, both preventative and to address normal wear and tear, and specifically includes but is not limited to the replacement or changing of fluids, filters,tires,bulbs, and fuses, but shall not include major repair or replacement of parts or subsystems. (1) Operator shall pay the first one thousand five hundred dollars ($1,500) per occurrence,to repair and/or replace the Physical Facilities and Grounds Equipment. Thereafter, the City shall pay any and all remaining amounts necessary to repair and/or replace the Physical Facilities and Grounds Equipment so long as the repair and/or replacement is not necessitated by the negligence of Operator, its employees, agents, subcontractors, guests and/or invitees; except that the City may, within its sole and absolute discretion, choose not to repair or replace Grounds Equipment if it determines the repair and/or replacement is not necessary to the operation of the Leased Premises. In addition to the requirements in paragraph 10(i), Operator shall notify the City Fleet Services Supervisor when an item of Grounds Equipment is in need of repair within twenty-four(24) hours of the damage and schedule an appointment with the City Fleet Services Supervisor to bring the item in for repair. All repairs to the Grounds Equipment shall be performed by City Fleet during City Fleet's normal working hours M-F from 8:00 a.m. to 5:00 p.m. at City's Fleet's facility, unless otherwise mutually agreed upon by the Parties as provided herein. Operator is responsible to transport all equipment to City Fleet for repairs and for all costs and fees incurred as a result. All invoices provided to Operator for maintenance, repair, and/or replacement of the Physical Facilities or Grounds Equipment shall be paid within forty-five (45) days of the invoice. City and Operator may negotiate to allow an independent professional to perform repairs of the Grounds Equipment on the Leased Premises. Operator shall provide a detailed written quote describing the nature and extent of the repair, necessary parts and labor time, and any costs and fees for approval by Director and City Fleet Services Supervisor. Director and City Fleet Services Supervisor may request additional information as needed in order to evaluate the request. Operator must obtain the prior approval of Director and City Fleet Services Supervisor prior to any work being performed, which approval may be withheld by City in its sole and absolute discretion. For the purposes of this Agreement, "repair or replacement" means a repair that necessitates the removal or an integral part; wherein replacement of a part with a new, used, or rebuilt one is necessary; or one in which a substantial amount of time to complete is required; and specifically includes but is not limited to engine and transmission rebuilding or replacement; timing of the engine or replacement of timing chains; repair or replacement of the drive train, chassis, suspension system, axels, water pump, belts, replacement of glass; or any auto- body work. (m) Operator shall pay the first five hundred dollars ($500) per occurrence, to repair and/or replace the Concession, Office/Mobile Home, and Tower Equipment. Thereafter, the City shall pay any and all remaining amounts necessary to repair and/or replace the Concession, Office/Mobile Home, and Tower Equipment so long as the repair and/or replacement is not necessitated by the negligence of Operator, its employees, agents, subcontractors, guests and/or invitees; except that the City may, within its sole and absolute discretion, choose not to repair or replace the Concession, Office/Mobile Home, and Tower Equipment if it determines the repair and/or replacement is not necessary to the operation of the Leased Premises. All invoices provided to Operator for maintenance, repair, and/or replacement of Concession, Office/Mobile Home, and Tower Equipment, or any other Equipment listed in Exhibit B, shall be paid within forty-five(45)days of the invoice. (n) Operator shall be responsible for maintaining all tracks in substantially the same condition as they existed on the date of this Agreement except for normal and acceptable wear and tear. 11. CONSERVATION EASEMENT; SPECIAL EVENTS; POLICE DEPARTMENT USE; KEYS; AND PYROTECHNICS. (a) Conservation Easement. Operator understands and agrees that this Agreement and Operator's use of the Leased Premises is subject to the conditions and limitations of the Conservation Easement recorded July 2, 2001 as Reception No. 1390542 in the records of the Pueblo County Clerk and Recorder ("Easement"). Operator acknowledges receipt of a copy of the Easement. City makes no representation or warranty that Operator's intended use of the Park or the provisions of this Agreement are approved uses or allowed under the Easement. (b) Special Events. Operator shall notify Director of its intent to host special events upon the Leased Premises at least 45 days in advance of the event date. Director shall evaluate each request and shall notify Operator of his approval or disapproval in writing at least 30 days prior to the event date. For the purposes of this Agreement, "special events" shall be those that require the relocation, modification, or removal of a structure or improvement on the Leased Premises, or a physical modification to a feature or surface configuration of any land area within the Leased Premises, including but not limited to moving the bleachers or mobile home, or digging mud pits,holes, or other cavities. (c) Police Department Use. Operator shall negotiate in good faith with the Pueblo Police Department to allow the Police Department use of the Leased Premises for training purposes. Operator shall be responsible for any damage that occurs during Pueblo Police Department or other law enforcement use of the Leased Premises unless otherwise provided by written agreement. (d) Keys. Operator must provide access per City request to the Leased Premises, including but not limited to any buildings, facilities, and tracks. In the event that Operator changes any locks to any buildings, gates, or facilities Operator must within 24 hours provide a copy of all new keys to the Director. Every key should be marked or otherwise identify the purpose and/or location within the Leased Premises to which each key pertains. (e) No Pyrotechnic Devices. Operator shall under no circumstance use pyrotechnic devices, explosives, fireworks or incendiary devices of any kind anywhere in the Park without prior written approval from the Fire Department and the Director. 12. INSURANCE,INDEMNITY,AND RELEASES. (a) Insurance and Proof of Insurance. Operator shall, within ten (10) days after this Agreement is executed by both parties, and on the anniversary of such execution each year, obtain the following insurance coverages and provide to the City the following Certificates of Insurance showing that Operator has obtained the following insurance coverages. Operator shall maintain all such insurance coverages at all times during the term of this Agreement: (1) Workers' Compensation Insurance, including Occupational Disease Provisions, effective during the entire Term of this Agreement and any extension thereof, fully complying with the provisions of the Workers' Compensation Act, as amended, of the State of Colorado. Such insurance shall be obtained notwithstanding that Operator may have no employees as defined under said Act or that Operator might otherwise avail itself of an exemption under the Act from any legal requirement to obtain such coverage. Such insurance shall cover all employees of Operator performing work on the project irrespective of whether such employees may be shareholders, managers, partners or owners of Contractor or exempt employees under the Act. If any class of employees engaged in hazardous work under this Agreement at the Leased Premises is not protected by the Workers' Compensation statute,the Contractor shall provide, and similarly shall cause each subcontractor to provide, special insurance for the protection of such employees not otherwise protected. The Workers' Compensation Insurance policy shall contain an endorsement waiving subrogation against the City. (2) Commercial General Liability Insurance, effective during the entire Term of this Agreement and any extension thereof, issued to and covering the liability of Operator with respect to all work and events performed by Operator and its subcontractors under this Agreement, to be written on a Commercial General Liability policy form. This insurance shall be written in amounts not less than $2,000,000 for each occurrence and $4,000,000 aggregate. This policy of insurance shall be endorsed naming the City of Pueblo, its Enterprises, controlled Nonprofit Corporations, their officers, agents and employees as additional insured. The policy shall also provide coverage for contractual liability assumed by Operator under the provisions of this Agreement, and "Completed Operations and Projects Liability" coverage. The Commercial General Liability Insurance policies shall contain a waiver of subrogation. (3) Comprehensive Automobile Liability Insurance effective during the entire Term of this Agreement and any extension thereof, written with limits of liability for injury to one person in any single occurrence of not less than $1,000,000 and for any injury to two or more persons in any single occurrence of not less than $1,000,000. This policy of insurance shall be endorsed naming the City of Pueblo, its Enterprises, controlled Nonprofit Corporations, their officers, agents and employees as additional insured. This insurance shall include uninsured/underinsured motorist coverage and shall protect Operator from any and all claims arising from the use both on and off the Basic Services site of motor vehicles, including any automobiles, trucks, tractors, backhoes and similar equipment whether owned, leased, hired or used by Operator. The Comprehensive Automobile Liability Insurance policies shall contain a waiver of subrogation. (b) Notices to City in Policies. Every insurance policy and certificate of insurance specified in subsection (a) of this Section shall contain a provision and/or special endorsement requiring that the Insurer notify the City in writing, in the manner provided in this Agreement, ten (10) days prior to any formal action being taken in the event that any such policy or coverage will be revoked, terminated, rescinded, or lapse. (c) Releases and Claims Waiver. Operator forever releases and waives any and all claims, known and unknown, presently existing or arising in the future, and any suit or action in law or equity against the City, its Enterprises, controlled Nonprofit Corporations, their officers, agents, independent contractors, and employees('Released Parties")in any court or tribunal, based on tort, statute,violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Operator, its officers, agents, independent contractors, or employees may suffer, related to or caused by the Released Parties, or any vehicle, object, thing, or activity in any building or facility owned, leased, operated or controlled by the Released Parties. (d) Operator Covenants Not to Sue. Operator shall not file, pursue or prosecute any suit, action or proceeding, in law or in equity, in any court or tribunal, against the Released Parties, based on tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Operator, its officers, agents, independent contractors, or employees may suffer related to or caused by the Released Parties, or any vehicle, object, thing, or activity in any building or facility owned, leased,operated or controlled by the Released Parties. (e) Operator Indemnifies. Operator shall indemnify, defend and hold harmless the Released Parties against any liability for any damages, attorney's fees, and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law or equity filed by any person or entity based on tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that any such third person may suffer as a result of any cause, including related to or caused by the Released Parties, or any vehicle, object, thing, or activity in any building or facility owned, leased,operated or controlled by the Released Parties. (f) Operator Must Obtain Releases from Third Parties. Prior to entering the Park on any Operator Event day, all Operator employees and agents, and event participants MUST sign a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement ("Release Agreement"), the language of which must be approved by the Director, in the presence of Operator personnel and all executed Release Agreements shall be maintained and kept on file by Operator for at least three (3)years from the date of the Release Agreements. Originals or copies of the Release agreements shall be delivered to the City upon its request. Operator's obligation to maintain these records and provide them to the City upon request shall survive termination or expiration of this Agreement. Operator shall bear sole responsibility for full compliance with this Section. Entry into the Park by any Operator employee and agents and event participants during an event prior to the execution of a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement by such individual shall constitute a material breach of this Agreement by Operator. 13. IMPROVEMENTS. (a) Operator Fuel Storage Facility. If Operator decides to utilize the above ground fuel storage facility it shall utilize and maintain the system in compliance with all Federal, State and City ordinances and laws, specifically including all City fire ordinances and regulations. Any other fuel vendor hired by Operator shall also meet with the City Fire Department prior to selling fuel to ensure they are in compliance with all Federal, State and City ordinances, and laws. (b) Costs of Improvements; Approval Required. All costs associated with the development, installation, construction, and maintenance of any improvements shall be the sole responsibility of the Operator, unless City and Operator mutually agree to an offset or reduction in rent as provided herein. Operator shall submit to City a written proposal for all proposed improvements that includes the estimated value of the improvements and anticipated cost of development, installation, construction, and maintenance. Operator must obtain the prior written approval of the Director and City Manager for any proposed improvements and a certificate from the Pueblo Regional Building Department approving any proposed improvements. All improvements must be approved in writing by the City prior to installation or construction. Any proposed changes must meet all building permit regulations and be constructed, installed, maintained, and operated in compliance with all local, state, and federal laws and regulations. Operator shall maintain the improvements in good and safe condition, appearance and state of repair, regardless of the cause or need for maintenance and repair. City and Operator may negotiate to offset or reduce the yearly rental rates as provided in paragraph 5(a)(1) by the cost of site improvements installed or constructed by Operator. All offsets or reductions in rent shall be mutually agreed upon by Operator, Director, and City Manager and be reduced to a writing signed by both Parties prior to any work being performed. To receive a reduction or offset, Operator must submit a copy of a final invoice and proof of payment to Director in order to receive credit for any reduction in rent. If an improvement is not performed or completed, or Operator's payment for the same is not completed,rejected, or dishonored for any reason,rent shall be paid according to the provisions in paragraphs 5(a)-(c). (c) Improvements Become City Property Upon Termination of Agreement. All improvements shall become the property of the City at the option of the City upon termination or expiration of this Agreement. 14. MAINTENANCE OF ACCOUNTS AND RECORDS. Operator shall keep and maintain accurate and complete accounts and records of all activities and transactions conducted by Operator on or from the Leased Premises, including without limitation sales receipts, inventory lists, equipment logs, third party Release Agreements, purchase orders, payroll, financial records, tax returns and bank statements, or any subcontractor contracted by Operator to work, manage, or operate all or a portion of the Leased Premises, in accordance with generally accepted accounting principles, which accounts and records shall be available for inspection, copy and audit by City during normal business hours. Operator shall retain all such accounts and records for a minimum period of three(3)years after termination of this Agreement. 15. INTELLECTUAL PROPERTY. This Agreement is solely for access to and use of the Leased Premises. Operator shall not photograph, film, or broadcast any Event or any part thereof without first obtaining the prior written consent of the City, except that Operator may post pictures and videos to the Pueblo Motorsports Park website and social media site so long as the same portray the City in a positive light. City reserves the right to remove or require the removal of any information, pictures, or videos from Operator's social media site if it determines, in its sole and absolute discretion, that the same do not positively portray the City or are misleading in any way. In addition, no footage or images obtained from City access granted herein may be reproduced, sold, broadcast, commercially exploited, or distributed without a separate written license agreement from the City authorizing such use. 16. NO REPRESENTATION OR WARRANTY OF CONDITION OR FITNESS. THE LEASED PREMISES IS PROVIDED ON AN "AS IS" "WITH ALL ITS FAULTS" BASIS, AND CITY MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDITION OR FITNESS OF THE LEASED PREMISES FOR OPERATOR'S EVENTS OR FOR ANY PARTICULAR USE OR PURPOSE. Accordingly, Operator is hereby advised that Operator shall be solely responsible for personally inspecting the Leased Premises before execution of this Agreement and commencement of any Event. Operator's execution of this Agreement or commencement of any Event shall constitute an expressed acknowledgement by Operator that the Leased Premises is safe and adequate for Operator's permitted use. Operator shall have exclusive control of the Leased Premises during the pendency of this Agreement, subject to the City's right of access, and shall be responsible for all equipment and for adequate safeguard for the protection of Operator, its employees, agents, independent contractors, subcontractors, and representatives, and persons engaged in any activity on the Leased Premises. Notwithstanding any provision in this Agreement to the contrary or which may be construed to the contrary, City assumes no obligation or responsibility to keep or maintain the Leased Premises or any track or facility thereon in good and safe condition, appearance or state of repair, regardless of cause of need for maintenance and repair. 17. MINORS. No individual under the age of 18 years including Junior Dragsters and Quarter Midget racers shall be allowed in any restricted area of the Leased Premises(which shall include the track surface, starting line area, garage areas, staging lanes, run-off areas, trackside communications stations, and any other location as defined in generally accepted policies of liability coverage for Motorsports entities), without a (1) Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, and (2) a Parental Consent to the Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement executed by each minor and the minor's parent or legal guardian. The language of the Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement and Parental Consent to the Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement must be approved by the Director. These documents must be signed in the presence of Operator personnel and are required before said minor's entrance into the restricted areas of the Leased Premises. All executed documents shall be delivered maintained and kept on file by Operator for three (3) years from the dated of the Release Agreements. Originals and/or copies of the Release Agreements shall be delivered to the City upon request. Operator's obligation to maintain these records and provide them to the City upon request shall survive termination or expiration of this Agreement. Operator shall bear sole responsibility for full compliance with this Section. Entry by any individual to a restricted area prior to the execution of the Agreements listed above in this Section by the proper party shall constitute a material breach of this Agreement by Operator. 18. TERMINATION AND DEFAULT. (a) Default and Correction. If either party is in default hereunder, the non-defaulting party may give written notice describing the default to the defaulting party. If the defaulting party does not correct such default within twenty (20) days after receipt of said notice, or if the default cannot be corrected within said 20-day period and the defaulting party fails to commence action to correct the default within said 20-day period and thereafter diligently pursues corrective action, the non-defaulting party may upon an additional five(5) days' notice given to the defaulting party terminate this Agreement. (b) Termination for Breach. Notwithstanding the foregoing, if Operator commits a breach of any term of this contract, City may terminate this Agreement upon thirty (30)days' prior written notice to Operator specifying the breach and the date of termination. Except for accrued rights and liabilities and those covenants which survive termination hereunder, upon such termination each party shall be released from all future duties and obligations hereunder. Material breaches shall include: (c) Termination Without Cause.Notwithstanding the foregoing, either party may terminate this agreement without cause by providing 60 days written notice to the other party. No premature termination of this Agreement shall affect any right of either party accruing prior to such termination, whether such right is conferred by the terms of this Agreement or arises under general principles of law. 19. NOTICE. Any notice required or permitted to be given hereunder shall be in writing and delivered personally or by certified mail,postage prepaid, as follows: (a) If to City: Director of Parks and Recreation, City of Pueblo, 800 Goodnight Ave., Pueblo, Colorado 81005; and City Manager, City of Pueblo, #1 City Hall Place, 2nd Floor, Pueblo, Colorado, 81003. (b) If to Operator: (Operator's Mailing Address) Racing Community of Southern Colorado Motorsports, LLC,Mary L. Mead,CEO, 1426 Selix Grove Suite 103,Colorado Springs, CO 80915. 20. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK (a) At or prior to the time for execution of this Agreement Operator shall submit to the Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Operator 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, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to §8-17.5-102(5)(c) C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. (b) Operator shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; (2) Enter into an Agreement with a subcontractor that fails to certify to Operator that the subcontractor shall not knowingly employ or Agreement with an illegal alien to perform work under this Agreement. (c) The following state-imposed requirements apply to this Agreement: (1) Operator shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E- Verify Program or Department Program. (2) Operator is prohibited from using either the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. (3) If Operator obtains actual knowledge that a subcontrator performing work under this Agreement knowingly employs or contracts with an illegal alien, Operator shall: A. Notify the subcontractor and the City's Purchasing Agent within three (3) days that Operator 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 (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor does not stop employing or contracting with the illegal alien; except that Operator shall not terminate the Agreement with the subcontractor if, during such three (3) days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (4) Operator is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE") made in the course of an investigation that CDLE is undertaking pursuant to its authority under§8-17.5-102(5),C.R.S. (d) Violation of this Section by Operator shall constitute a breach of Agreement and grounds for termination. In the event of such termination, Operator shall be liable for City's actual and consequential damages. (e) As used in this Section, the term "subcontractor" shall mean any subcontractor of Operator rendering services within the scope of this Agreement. 21. MISCELLANEOUS. (a) Additional Documents. The Parties agree to execute any additional documents or take any additional action that may be necessary to carry out this Agreement. (b) Force majeure. Any delays in or failure of performance by any party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God,fires not caused by a breach of this Agreement, floods, storms, lightning strikes, labor strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar,which are beyond the control of such party. (c) Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the Parties, their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. (d) Section Captions. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. (e) Integrations, Severability, Amendment, and Counterparts. This Agreement represents the entire agreement between the Parties and supersedes all prior discussions and written agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together constitute one and the same agreement. (f) No Third Party Beneficiaries; No Waiver of Immunities. Nothing in this Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq.,C.R.S. (g) Waiver of Breach. A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. (h) Authority of Signers. Each person signing this Agreement on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute,and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. (i) Attorney's Fees and Costs of Collections. In the event that it becomes necessary for the City to bring any action or proceeding to collect unpaid utilities, rent, damages, janitorial fees, costs, or other sums due under this Agreement, to enforce any provision of this Agreement,to recover damages for Operator's breach of this Agreement, or to seek specific performance of this Agreement, the prevailing party shall be entitled to collect its reasonable attorney fees, costs of suit, and costs of collection as part of the judgment in such action or proceeding. (j) No Multi-year Fiscal Obligation on City. This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor deemed to constitute,the creation of a debt or multi-year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, contrary to Article X, § 20 Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this Agreement, with respect to any financial obligation of the City which may arise under this Agreement in any fiscal year after 2016, in the event the budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation,such failure shall not constitute a default or breach of this Agreement, including any sub-agreement, attachment, schedule, or exhibit thereto, by the City. (k) Certain Provisions Survive Expiration and Termination. The provisions of this Agreement pertaining to insurance, releases, indemnification, payments to the City, and liability shall survive the expiration of the term of this Agreement and termination of this Agreement and continue in effect for a period of five years following the termination of this Agreement and for such further time as it may take to completely and finally negotiate, settle, or litigate any claim or suit concerning the same. (1) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. (m) Assignment.This Agreement shall not be reassigned by Operator without the prior written consent of the City, which consent may be granted, denied, or conditioned in City's sole and absolute discretion. IN WITNESS WHEREOF,the Parties hereto have executed and delivered on this /'/419 day of March, 2016. Racing Community of Southern CITY OF PUEBLO, Colorado Motorsp.rts,LLC A MUNIC ' • _e ' •V'.• TIO► Ii By: By:16111K Ra ng om uni of Southern ..lorado Motorsports,LLC Presi I en o ity Council Mary L. Mead, CEO/CFO ATTEST: City k APPROVED AS TO FORM: City Attorney EXHIBIT "A" AREA MAP WITH MARKED PERIMETER DESIGNATING THE LEASED PREMISES, HONOR FARM MAP, RACE FACILITY MAPS I & II Exhibit A Area a / r �, 5{ r - -;,,--,-- --.-_,- ,, ,, - - , :19,.,..----17ii,F, .d ;i . '' \\)i---1-: ._..., , ' .cri, :. '..,..11 r J r�,���.0.49,40.4„40„ ®`�®�® • a / 1. '. '- -' -'.' 'Arfill,?°°::''t:::;;:;::;:g7.A;,;;lr'-a:i ' ---:::1-2::.'C' .'-, Y OF- P,,.:7;1; LO- .. , , - - ‘- i °. . , i lit a o iM W. '.4.,' 14 ..�1 "" Yyl1 l r-z IL J� Z; x L_.� _! < Legend '2W EXISTING HONOR FARM PROPERTY A ., . . ,,,, ,,,,,,,,. FrailPRIVATE' PROPERTY �` a_ ___ ^+Y,*Ftj STATE PROPERTY ® NTERSTATE25 O , 2 "a ' ' ESTATE AND LOCAL HIOHUWYS —4--+ RAILROADS >4.m4w', r'"p"'"?'"`. fits'ti 1_— I,Puodo am Lines w...mx.rixE.;aca~aiaxed:W iu.w.wo a l_-,— . mir.sa.m..w.wwwcumum..ee.wre. �PuedoUWn_OiuBauntlery_0307 s Exhibit A , u . s • r� r, s 44 ,.,a �Honor Farm » 11,11'7,14%,j f/ i '' . rsP 4k ,% - y� � 4 k,.. -, a qg ' 4r c:g' a4o � 4 F O �d� �` § 4 LA - ' Oak,4'er-ft i, ill& 44i 1 E kin, ;1 • --) rtri4 (ikttg `% .; . ' a zto od' '-:44.7,:,..„: 1 "4� a ry6.' ? a �:: MoPa4° � +' pr, { �Prt14,a .,ve.,... " '...w,,,14,1„. � • ' '' KN} ' tt 9J 'r4J A.is" 4 , mzr ` ' F •• F`( .. },fl��+ �� r , kt^���,3 ; ' � � ft rfe 21 kt ni, kif ' - 44.14,i'' .1 5' .;4 '. FA r t a . 1 ' " tI5r' ` s ORaprilX : g i;4.'24.14.."';44,, £" l r HON ' 3, IA� ,fi6 te �, b4 i� � t � ' ¢ F ��tr -� . i "t�' 1 r. 3 . vx • ". � '' sA g . , ks .- h , r i44..1s ,h" ,f r..-,--_, I ,!, 0$ #L ' 4 � 1a,�' 4 011K t „f:11 7 : 6 V Pr " " `� '.,,-rS(^ } Po,"'7!:;iii � ` a 3� �6:000;1041. 14'4 zi ia e ' y , '44.-44,101:', a mr4,te .14 it! tkTiiv 41-4 te ol R" 4. • ,,'tr,x71,T-itmogoll fr f .- .;.,,.. . .1, # --i---*!-- u .g ht . Y�a i a it:.'.':14:t?`4,,,.'4.4i. d d ws � rs ts ♦ o ad ( . +1,A,' P id r4 t #1; a }ir -h.1414, g .....„ PROPERY !� r 44d, 4 3 - ' �a vly � -aaLegentlOUFRMr� v �ry� !1'. Ard -,:t.- N ^�4 `', a [ 7 EXISTING a `, ` dabd h7,',11, � rcRt ° , + �f `� a iYt Ta. r di Y +4 4 , uaw �' , rfitlb.0 a 4 � a4 fit 40i ,stia n4E+aa dT # 14$ °��5# xe9,z a # r t s A , '-"Ava1 `? . ° d., 3 ifrrc '44%,1411/7104.' +� a i" L, la 6.iflii EXHIBIT"B" LIST OF CITY EQUIPMENT See itemized list attached hereto. EXHIBIT B EQUIPMENT LIST Description Year PMP vehicle#/Serial# Notes Grounds Equipment ML 085 Kubota Tractor &Lay Down Equipment 2011 226020/Ser#72593 leased equip Laymor Sweepmaster Model SM300 2012 226019/Ser#34013 leased equip Ford f150(Vin#1FTZF1761WNA91071 Lic#0039A32) 1998 226028 teal in color 1999 HMD Flatbed Trailer 1999 226902 Polaris ALL Terrain Vehicle-600 Sportsman Unit#22 green Polaris ALL Terrain Vehicle-330 Unit#23 yellow 500 Gallon Fuel Tanks 2 ea Chevy C60 214 Ton Truck 1973 221-499/Vin#CCE613V139313 Current Mileage:73339 2000 Gallon Plastic Water Tank no pump Ford 5600 Tractor 1979 221-911/Vin#D40Z079A18B Current Hours: 952 6 Ft.John Deere,Brush Hogg Mower - Model#616 " ,r..,1k."�N .y:`k , Description Model City or Serial# Notes Concessions Upright Freezer-Frigidaire City#31457 Griddle/Range-Vulcan 3 Bay Sink Display Cooler-True GDM-23 Stainless Prep Table Freezer Deep-Frigidaire City#31458 Refrigerator 2 dr.-TRUE Freezer,4 Comp.-Traulsen 302 Storage Rack-2 Water Heater Extra Heater Tank Wall Hand Sink Chest Freezer-Holiday Mini Refrigerator Delfield Deep Fryer-Dean City#31466 Microwave Oven-Panasonic Pressure Water Tank(blue) 6 Metal Carts Single Bay Sink Office/Mobile Home Mini Refrigerator-Kenmore 5649143110 11069446 Clothes Washer-Lady Kenmore Clothes Dryer-Kenmore Electric Stove-Whirlpool 4 Drawer F/P File C-Fire King/Turtle 2 Black File Cabinets 1 Desk(blue) Tower Freezer/Refrig.-Whirlpool Fire Extinguishers -approximately 29 at various locations Large Floor Jack 2 Torch 1 Blower Christmas Tree Light(old&new) Air Compressor-Kobalt Back up Power Strips 2ea.-APC Schneider BE550G Comulink-Dell Hard Drive Tower 1LAKN MMP Hard Drive QVT70 90G15500841 Comulink Controller Box Miscellaneous Equipment-mayor may not include-Dial in Board;4 Down Track Sensors;8 Centerline Cones;2 Outside Boxes;boxes of Starting Line Equip.,various tools and parts.Condition of all equipment,tools and parts will vary and are provided to the proposer as is. EXHIBIT "C" REQUEST FOR PROPOSAL FOR PROJECT NO. 15-067 See materials attached hereto. Exhibit Cy�(� g9 r zll I' REQUEST FOR PROPOSAL COVER SHEET & SIGNATURE PAGE Date: December 30,2015 Project Number: 15-067 Project Name: Pueblo Motorsports Park—Operation,Management and Promotion of the Facility (Project No.and Name must be shown on outside of submittal package and on any email correspondence) Submit Sealed City of Pueblo Purchasing Naomi Hedden,CPPO Proposals to: Purchasing Department Contact: Director of Purchasing 230 S.Mechanic Street purchasing@pueblo.us Pueblo,CO 81003 www.pueblo.us/purchasing 719-553-2350 PRE- There will be a Pre-Proposal meeting at 11:00 a.m.on January 13,2016. The meeting will PROPOSAL begin at the City'Park and Recreation office at 800 Goodnight Avenue,Pueblo,CO 81005 (this is MEETING: not a mandatory meeting). RFP January 29,2016 at 2:00 PM(MT) Project Manager: Steven Meier,Director Submission Note: Late submittals will not be accepted. Parks and Recreation Deadline: Purchasing Office hours are 7:00 AM to 4:00 PM. smeier@pueblo.us Proposers are responsible to ensure timely receipt within that time. 800 Goodnight Ave. Pueblo,CO. 81005 719-553-2790 Number of Ten(10)hard copies: One unbound and untabbed copy,and nine(9)bound and tabbed copies, Copies To be plus one(1)copy in electronic format are required. submitted: Purpose of Request for Proposal The City of Pueblo is soliciting Statements of Qualifications and proposals from interested parties to operate, manage,and promote drag and road racing events at the City's Pueblo Motorsports Park(PMP)located within the Honor Farm Park and Open Space. The existing PMP facility is improved with a road course,drag strip,tower, concessions stand,bleachers,office,restrooms, fenced surrounding the facility,and associated buildings and equipment. Please be advised that electronic submissions(i.e. fax,emails,etc.)will not be accepted as a sealed proposal. Proposers are urged to read the attached solicitation documents thoroughly before submitting a proposal. The City of Pueblo(City)reserves the right to reject any and all proposals for any or all items covered in the Request for Proposal,to waive informalities or defects in proposals or to accept any submittal as it shall deem to be in the best interest of the City. The procurement of these services shall be contingent upon appropriation of the necessary funds,and only after final approval and execution of an Agreement. Disclaimer The City of Pueblo(City)provides all non-construction solicitations for interested parties to download free of charge via the Rocky Mountain E-Purchasing System(RMEPS)and on the City's website,www,pueblo.us/purchasing. Consultants can also choose to register with RMEPS to get notifications automatically emailed to them for a nominal annual fee. Additionally, interested parties may visit the Purchasing Office during normal working hours and request hardcopies of any current solicitation at the same cost allowed for.CORA requests. If the Proposer cannot verify that the RFP documents were Request for Proposal 15-067 RFP Cover Sheet obtained from either of these two websites or our office, we cannot guarantee the validity of the document and their proposal may be rejected. Please confirm how your document was obtained: Downloaded from RMEPS _ or City Purchasing Website ;Hardcopy or email from Purchasing Office The undersigned,having carefully read and considered the Request for Proposal(RFP)for the above referenced project,does hereby offer to provide such goods and services on behalf of the City in the manner described and subject to the terms and conditions set forth in the attached RFP.All Services will be provided at the rates set forth in submitted proposal or as negotiated by all involved parties. Proposer acknowledges that the company is qualified to provide these types of Services. At any time during the selection and award process,the City may request information substantiating the indicated requirements. Failure to provide this information may result in a Consultant's proposal being declared non-responsive. Proposer acknowledges and accepts that all components of and responses to this RFP will be included and become a part of the final agreement by reference. The undersigned further states that this Proposal is made in good faith and that the prices offered were independently developed and are not founded on, or in consequence of, any collusion, agreement or understanding between themselves or any other interested party. By signing below, Proposer certifies that he/she is an officer or duly authorized agent of the Proposer's firm with full power and authority to submit binding offers for the goods or services as specified. MANDATORY — RETURN BOTH PAGES WITH YOUR RESPONSE. UNSIGNED PROPOSALS WILL BE CONSIDERED NON-RESPONSIVE AND REJECTED. RESPONDER MUST ATTACH A CERTIFICATE OF GOOD STANDING FROM THE STATE WHEREIN RESPONDER WAS ORGANIZED. Authorized Signature(required) Company Name Printed Name Address Title City, State,Zip Colorado(Sales)Tax License Number Office Phone Number Federal Employer Identification Number Cell Phone Number Company Email Address Fax Number For clarification of this Proposal contact: (If different from above) Contact Name Email Address Phone Number Request for Proposal 15-067 RFP Cover Sheet TABLE OF CONTENT SECTION 1. ADMINISTRATIVE REQUIREMENTS & INFORMATION 1 1.1 Bid Information, Requests for Clarification, and Addenda 1 1.2 Allegation of Misunderstanding 1 1.3 Omissions 1 1.4 Written Agreement 1 1.5 Colorado PERA 1 1.6 State-Imposed Mandates Prohibiting Illegal Aliens From Performing Work 2 1.7 Rejection of Proposal 3 1.8 Proposal Ownership/Confidentiality 3 1.9 Debarment 3 1.10 Equal Opportunity 3 1.11 Statement of Noncommitment 3 1.12 Preparation of Proposals 4 1.13 Insurance Requirements 4 SECTION 2. EVALUATION, SELECTION OF SUCCESSFUL PROPOSAL AND CONTRACT AWARD 5 SECTION 3. OBJECTIVE, SCOPE OF SERVICE, AND MANDATORY REQUIREMENTS 6 SECTION 4. PROPOSAL FORMAT AND REQUIRED RESPONSES 8 EXHIBITS A- Sample Agreement 11 B-PERA Questionnaire 25 C—Listed and Routine Equipment List 23 D—Maps 24 Request for Proposal 15-067 Table of Content SECTION 1. ADMINISTRATIVE REQUIREMENTS&INFORMATION 1.1 Bid Information.Requests for Clarification,and,Addenda All bid solicitation documents are posted on the City's Purchasing Department website and on Rocky Mountain E-Purchasing System. Any changes or revisions to our published solicitation documents will be through written addendum posted on both of these websites. It is entirely the Proposer's responsibility to cheek the City Purchasing website(www.pueblo.us/purchasing) for any Addenda that may be available in the event that any emailed notifications of addenda were not received. It is also the Proposer's responsibility to make email, written or fax inquiries concerning this solicitation to obtain clarification of requirements; however, inquiries made by electronic mail are preferred. All inquiries must be made to the Purchasing Contact(with a "cc"to the Project Managers) listed on the first page of the RFP at least seven(7)days prior to the date of submittal openings and must indicate the Project Number on the subject line. 1.2 Allegation.of Misunderstanding Proposers shall inform themselves of the conditions of the project site and the requirements of the project's scope of work before submitting their proposal. No allowances shall be made by reason of any matter or thing concerning which they might not have been fully informed prior to the bidding. No Proposer will be heard after the opening of proposals to assert that there was any misunderstanding as to the nature of the operation expected in this solicitation. If a pre-bid meeting is held, Proposers should make every effort to attend. If the pre-bid meeting is mandatory and the Proposer cannot attend,it is imperative that someone else attend as a representative of the company,otherwise their bid will not be accepted at the time of bid opening. 1.3 Omissions Should the City omit anything from the RFP which is necessary for clear understanding of the work,or should it appear that various instructions are in conflict,the Proposer submitting the Proposal shall secure clarification from the Project Manager or Purchasing Contact at least three(3)business days prior to the time of the opening date given above. 1.4 Written Agreement The selected operator shall be required to enter into an agreement with the City; in substantially the same form attached hereto as the City's Agreement(see Exhibit A—"Sample Agreement"). The firm will be required to comply with all applicable Federal and State Standards, orders and regulations. Signature on the RFP Cover Sheet & Signature Page shall serve as an acknowledgement that the proposer is willing to enter into the referenced agreement with the City of Pueblo if their Proposal is accepted. Proposers must identify in their responsive submittal any provisions of the contract form that they request be modified, together with the proposed modification language. Should the proposer not take any exceptions to any part of the Sample Agreement,then it is understood that the proposer is willing to comply with all aspects of the Sample Agreement as written. 1.5 Colorado'PERA Questionnaire The Proposer shall fill out the questionnaire attached as Exhibit B and submit the completed form to the City as part of the bid whether PERA applies•to`ithem_or not. In accordance with this PERA.form,and if this applies to the Proposer,the Proposer shall reimburse the City for the full amount of any employee contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association ("PERA") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. Request for Proposal 15-067 Page 1 1.6 State-Imposed Mandates Prohibiting Illegal Aliens From Performing Work By signing the Request for Proposal Cover Sheet and Signature Page,the Proposer acknowledges that they have read Section 19 of the attached Exhibit A—"Sample Agreement"(labeled the same as the above referenced title) and agrees that they are in compliance with these provisions. 1.7 Resection of Proposal No Proposal shall be accepted from,or contract awarded to,any person,company or corporation that is in arrears to the City, upon debt or contract or that is a defaulter,as surety or otherwise, upon any obligation to the City, or that may be deemed irresponsible or unreliable by the City. Proposers may be required to submit satisfactory evidence that they have the necessary financial resources and experience to perform and complete the work outlined in this RFP. The City reserves the right to request any additional information as needed to make a sound evaluation decision. 1.8 Proposal Ownership/Confidentiality All Proposals, including inquiries, correspondence, attachments, supplementary materials, addenda, etc. shall become the property of the City and will not be returned to the Proposer. The Proposer must state specifically what elements of the proposal are to be considered confidential or proprietary and must state the statutory basis for the request under the Public (open) Records Act. (Section 24-72-201 et seq., C.R.S.). Confidential or Proprietary information must be readily identified, marked and separated from the rest of the proposal. Co- mingling of confidential or proprietary and other information is not acceptable.Neither a proposal,in its entirety, nor proposal price information will be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential. Ref. Section 24-72-201 et. seq.,C.R.S.,as amended, Public(open)Records Act. 1.9 Debarment By submitting this Proposal, the Proposer certifies that neither the company nor its principals is presently debarred,suspended,in the process of debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal, state or local government agency. 1.10 Equal Opportunity In accordance with §1.8 of the Pueblo Municipal Code(entire Code included by reference),all contractors shall meet and comply with the following provisions which shall be contained in all municipal contracts: 1.10.1 The contractor will not discriminate against any employee or applicant for employment because of race,color, religion, sex, sexual orientation, ancestry, disability,age or national origin. The contractor will take affirmative action in all areas of employment to ensure that applicants for employment are employed,and that employees are treated during employment, without regard to race,color,religion, sex, sexual orientation,ancestry,disability,age or national origin.Areas of employment shall mean and include, but shall not be limited to, the following: initial employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoffs, terminations, rates of pay, terms of compensation and selection for training, including apprenticeship. The contractor will post in conspicuous places,available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination and equal employment opportunity paragraph. Failure to subscribe to and accept the nondiscrimination and equal employment requirements of this Chapter shall render a bidder ineligible for a municipal contract award and ineligible to participate in the work for which a municipal contract award is made.(§§1.8.3 and 1.8.4 of the PMC; Ord.No.4479, 5-22-78) 1.10.2 It is the policy of the City to provide equal opportunity in employment without regard to race, color, religion,sex, sexual orientation, ancestry,disability, age or national origin. It is hereby deemed and declared to be for the public welfare and in the best interests of the City to require bidders and contractors Request for Proposal 15-067 Page 2 furnishing and providing work, services, supplies and materials to the City under municipal contracts not to discriminate in the hiring and promoting of employees in order to further equal employment opportunities for members of minority groups and women. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age or national origin. (§1.8.3 of the PMC; Ord.No. 4479, 5-22- 78; Ord.No. 8453 §2, 2-27- I2) 1.10.3 Federal requirements govern. Whenever the provisions and requirements of this Chapter,or of the bidding specifications, conflict in any way or to any degree with the nondiscrimination and equal employment opportunity requirements of the United States and any such contract under consideration is funded in whole or in part by the United States or is otherwise subject to requirements having the force of law of the United States,such requirements of the United States shall govern and control.(Ord.No.4479, 5-22-78) 1.11 Statement of Noncommitment All costs related to the preparation of the proposals and any related activities are the sole responsibility of the Proposer. The City assumes no liability for any costs incurred by Proposers throughout the entire selection process or should the project be cancelled. Issuance of this RFP does not commit the City of Pueblo to award a contract. The City of Pueblo reserves the right to reject any or all proposals and to readvertise should the need arise.All proposals will become property of the City. 1.12 Preparation of Proposals The proposal MUST be signed by the Proposer as an officer of the company legally authorized to bind the company contractually. Signature must appear on the RFP Cover Sheet and Signature Page of this solicitation, • signed in ink,preferably blue.Signature on this referenced form shall serve as acknowledgment that the Proposer is willing to enter into an agreement with the City of Pueblo and be governed by the Terms and Conditions set forth within this solicitation if their Proposal is accepted.Proposer acknowledges and accepts that all components of and responses to this RFP will be included and become a part of the final agreement. Failure to read the RFP and these instructions will be at the Proposer's own risk.The person signing the Proposals must initial all corrections in ink. Corrections and/or modifications received after the specified bid closing time will not be accepted. When approximate quantities or dollar amounts are stated,the City reserves the right to increase or decrease the quantity and/or amount as best fits its needs. No service shall be performed or become due unless a Written Agreement or Purchase Order shall first have been issued by the City's Purchasing Department. 1.13 Insurance and Indemnity. By signing the Request for Proposal Cover Sheet and Signature Page,the Proposer acknowledges that they have read Section 12 of the attached Exhibit A—"Sample Agreement"(labeled the same as the above referenced title) and agrees that they are in compliance,or will be upon award of contract,with these provisions. Request for Proposal 15-067 Page 3 SECTION 2. EVALUATION,SELECTION OF SUCCESSFUL PROPOSAL AND CONTRACT AWARD The City reserves the right to make an award on receipt of initial proposals.Proposers are encouraged to submit their most favorable proposal at the time established for receipt of proposals. Proposals will be opened at the City's Purchasing Office then presented to the appointed selection committee for evaluation. Selection will be determined by the apparent capability of Proposer to meet all the requirements that best meet the needs of the City.The decision of the City's selection committee shall be final and conclusive. Award will be by means of a written Notice of Award to the selected Proposer. The City shall evaluate and select Proposals to provide the required services based on the completed proposal responses. The City shall be the sole judge in determining how the evaluation process shall be conducted and what vendor shall be considered for award as deemed to be in the best interest of the City. The Evaluation Committee will make their final selections based on the submittals that receive a score of 75 percent or higher. The City may conduct such investigations, as the City considers necessary to assist in the evaluation of any proposal to establish the responsibility,qualifications and financial ability of any potential Consultant to perform the services specified under this RFP within the prescribed time. The evaluation criteria noted below are the criteria to be used for evaluation of this RFP.Based on the evaluation process,a rank ordered list of responsive Consultants shall be established.The Consultants shall be rank ordered with the first ranked Consultant being considered the most responsive and the second ranked Consultant being considered the second most responsive. This process shall be continued until all Consultants have been rank ordered. Evaluation Criteria: The City of Pueblo shall evaluate proposals based upon an overall best value determination with the criteria listed below in relative order of importance: o Statement of Qualifications 30% ® Annual Lease Fee(or other proposed forms of compensation to the City) 30% o Scope of Proposal/Business Plan 40% Interviews - Submittals will be reviewed and the committee will select a preliminary list of firms whose submissions appear to satisfy the requirements of this request. Preliminary listed firms will be notified of their selection and may be invited to personally interview,which will be scheduled as soon as possible after sufficient review of each submittal. Invited companies' key staff, including the proposed project manager must be in attendance at the interview. Waiver and Release - By submitting a Proposal, the Proposer authorizes the City to obtain information concerning Proposer's performance on other operations,jobs,and projects it has completed during the prior ten (10)years,including those identified in the submission and those not so identified,of which the City may become aware. By submitting a Proposal, the Proposer and any partners that are included also waives and releases all claims against the City and their agents and representatives, relating to or arising from the furnishing of such information to the City concerning the Proposer's performance on prior operations of facilities. In order to effectuate the intent of this clause, each Proposer may be required by City to execute information release authorization forms,which specifically release all information providers from all claims that arise from or relate to the information provided. The City shall then determine whether the proposal, with the highest ranking, can be accepted as is without negotiations. In the event the City determines that negotiation of the Proposer's proposal is necessary, the Proposer shall be notified and the negotiation process will begin. Should the City be unable to negotiate an acceptable service agreement with the highest ranked Proposer then the process described in this paragraph will begin with the second highest ranked Proposal. This process shall continue until a satisfactory service agreement Request for Proposal 15-067 Page 4 is negotiated or until all negotiations with qualified ranked Proposer's is exhausted. The City shall be the sole judge in determining when negotiations are to be concluded. SECTION 3. OBJECTIVE,SCOPE OF SERVICE,AND MANDATORY REQUIREMENTS 3.1 Obiective& Backgrounds The City of Pueblo is soliciting qualifications and proposals from interested parties to operate, manage, and promote drag and road racing events at the City's Pueblo Motorsports Park (PMP) located within the Honor Farm Park and Open Space property. The existing 233 acre PMP facility is improved with a 2.2 mile 10 turn road course, drag strip, tower, concessions stand, bleachers, office, restrooms, fenced surrounding the entire facility, and associated buildings (see Exhibit D—"Maps"). Proposals should include the integration of Drag and Road Racing events within the Racing Facility and with the other motorsports facilities at the park. In 2009, the City of Pueblo established the Honor Farm Enterprise responsible for the operation, management, and improvement of the 2,373 acre Honor Farm Property. Per Ordinance,the Enterprise is required to be operated and managed without subsidy from the City's General Fund. In 2011 the City provided funds to complete the resurface of the road course and replacement of the concrete drag strip. 3.1.1 Within the facility there is a quarter midget racing track and venue. The Proposer will be required to partner and sublease with the Southern Colorado Quarter Midget Association who has historically used the facility for free. The Proposer will be responsible for coordinating both the midget racing events with the track events while meeting the needs of both entities. 3.1.2 The schedule and agreements with the groups renting the track must be honored,unless Proposer can agree to alternative dates with road race clubs. When scheduling events at PMP,the Proposer needs to consider the racing schedules of Bandimere, Hi-Plains, and other racing facilities, to lessen the impact of losing potential racers. Proposer should consider continuing NHRA sanctions 3.1.3 Proposers will be responsible for the following: • Provide insurance as required per Section 12 in Exhibit A—"Sample Agreement". • Provide repairs to all facilities and equipment per Section 10 in Exhibit A—"Sample Agreement". • Enter into an agreement with the City(see Exhibit A—"Sample Agreement"). • Provide a schedule of racing events to the Honor Farm Advisory Committee every month. • Attend all Honor Farm Enterprise Citizens Advisory Board meetings. • Provide all manpower and security necessary to operate an event. • Comply with all NHRA guidelines and policies. This includes,but not limited to,safety requirements,technical preparations, inspections,etc. • Understanding both car and motorcycle road racing events and needs. Comply with all safety standards and guidelines associated with a club or group's sanctioned event. o Provide security personnel during events. • Pay for all utilities associated with running the racing facility. • Pay for all racing chemicals needed to prepare track for racing. o Manage or sub-contract all racing fuel to be sold on the property, following all regulatory guidelines. o Provide an on-site certified technical inspector to inspect race vehicles OR ensure entities that rent the drag strip or road course provide a certified technical inspector. • Develop and implement marketing program to promote racing events. • Solicit partners/sponsors for racing events. o Publish event schedules. Request for Proposal 15-067 Page 5 o Maintain an autonomous web site that can be linked to the City's web site. o Maintain approved insurance for all racing events. • Acquire all necessary licenses to operate the race facility and concessions. • Notify City representatives immediately of accidents or incidents that occur. • Purchase,maintain, and provide certified fire extinguishers for all events and pay for costs associated with refilling and recertifying extinguishers. • Provide Material Safety Data Sheets (MSDS)for all chemicals and products stored on site by Proposer and/or contractor. • Provide ambulance services and fire control measures for all events at facility as necessary OR require any entities that rents the drag strip or road course to provide ambulance services and fire control measures. o If required,provide towing services for all racing events at facility. o Provide accounting policies and procedures. • Prepare the drag strip per NHRA standards. o Provide,maintain,and repair timing equipment and computers in race tower o Provide sound system for announcing events • Make any necessary changes to concession facility at Proposer's expense,and with the approval of the City and County Health Department • Maintain all City equipment identified in Exhibit C loaned to Proposer and schedule maintenance with City Fleet Services based on Fleet guidelines. Pay for any and all repairs, maintenance and damages to equipment loaned to Proposer. General maintenance will be paid on an hourly rate plus materials. • Work with City to utilize warranty on equipment loan for any items that are damaged and pay for any equipment repairs not covered by warranty. • Provide open lapping opportunities with reasonable rates. • Provide and maintain concessions. o Repair facilities damaged by Proposer or Proposer's customers. Report damages to City. All major repairs must be completed by licensed contractor. • Maintain PMP identity on all branding and signage. • The track will not be used for drifting events, military training, or any other types of special event without the prior approval of the City of Pueblo. 3.1.4 The City will be responsible for the following: • The City will provide the equipment as identified on Exhibit C. o Provide repairs to equipment and facilities as required per Section 10 in Exhibit A — "Sample Agreement". • Provide use of all buildings, trailers, cargo containers, sheds, booths, and garages existing within the fence boundary at PMP to the successful Proposer. o Provide other minimal equipment that is currently available. The final list will be determined at the time the final agreement is approved. . • Provide a link to the City website. 3.2 Scope of Service: The City of Pueblo is seeking Proposals from qualified Operators to perform the following Scope of Services. This Scope of Services includes,but is not specifically limited to,the items outlined below: Request for Proposal 15-067 Page 6 3.2.1 Operate, promote and manage a guaranteed minimum number of racing events within Pueblo Motorsports Park as follows: ® Twelve(12)road racing events. ® Twelve(12)consecutive `Friday Night Drag' events(June,July,August). ® Four(4)drag racing points events. ® Partner and coordinate all Quarter midget track events. 3.2.2 Proposer will enter into an agreement to operate the PMP facility for a period of five(5)years. If the proposer wishes to submit an alternative to the length of the lease periods, it must be demonstrated in the submitted scope of proposal/business plan as to why that period is needed. 3.2.3 All operation,managing and promotion of the racing facility will be done at Proposer's expense. 3.2.4 Scope of Proposal / Business Plan will need to identify all areas of operation of the racing facility, including all items identified in Section 3.1.4 and Section 4.5. SECTYON 4. PROPOSAL FORMAT AND REQUIRED RESPONSES The information set forth in the paragraphs below must be included with all proposals. Make sure to provide ten(10)copies of the complete Proposal,(one of which shall beunboundand'untabbed),as specified below, as well as one copy in electronic format. Responses shall be considered technical offers of what firms propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. Please attach your responses to these items to the RFP Cover Sheet and Signature Page. Failure of firms to respond to any of the following technical submittal requirements may be grounds for considering a proposal non-responsive. This is a qualification and cost based procurement process. Proposals will only be considered from firms that have documented experience of similar municipal or regional projects and qualified personnel who are capable of providing the required services. 4.1 RFP Cover Sheet The RFP Cover Sheet and Signature Page must be completed and returned with the Proposer's proposal. Failure to return the signed Cover Sheet is grounds for the City to reject a proposal. 4.2 Table of Contents The "Table of Contents must indicate the material included in the proposal by section and page number. A proposal's table of contents should mirror this section of the City's Request for Proposal and must include all the items set forth in this section of the Request for Proposal. 4.3 Letter of Transmittal A letter of transmittal must be submitted with a Proposer's submittal.The letter must include: • A statement of the Proposer's understanding of the goals of the service required by the Request for Proposal listed in the Scope of Services. ® The names of the persons who are authorized to make representations on behalf of the Proposer (include their titles,addresses, fax number, e-mail addresses and telephone numbers). ® A statement that the individual who signs the transmittal letter is authorized to contractually bind the Proposer to contract with the City of Pueblo. 4.4 Disclosures. If applicable, disclose any professional or personal financial interest, which could be a possible conflict of interest in providing products and services to the City. If not applicable,please make a brief statement indicated that. Request for Proposal 15-067 Page 7 4.5 Statement of Qualification.Payment,and Scope of Proposal. Proposer's qualifications and intended approach to the operation of the racing facility are a major portion of the evaluation process. Proposers are encouraged to submit their most favorable proposal and as much detail deemed necessary for the City to determine the whether or not the Business Plan will meet the needs of the City. 4.5.1 Statement of Oualifcation: 4.5.1.1 The proposer's name, address, phone and contact person. Basic information shall include the year the business was formed and what city it is located in. 4.5.1.2 Identify all partners that will be involved in managing,operating and promoting the facility, including their roles and responsibilities in the proposed operations. Also,provide their history and experience. Provide an organizational chart. 4.5.1.3 The Proposer's racing management qualifications, experience and number of year's operating (managing) similar facilities. Provide if those facilities were operated at a profitable level. 4.5.1.4 Proposer shall submit satisfactory information showing details that they have the necessary financial resources to operate, manage and promote the racing facility. 4.5.1.5 Provide a minimum of three (3)names and contact information of specific individuals who we may contact for reference. 4.5.2 Payment/Compensationto,the City of Pueblo, The Proposals shall include a fee(whether it be a daily, monthly, or bi-annual fee) to be paid by the Proposer as compensation to the City of Pueblo for the use of the racing facility. Proposed site improvements may be used as means of payment. If this is the Proposer's intention,the Proposer shall provide a detailed list of proposed improvements, along with cost estimates from a licensed contractor, shall be submitted. The list shall be organized in an order of priority dates of when that improvement will be completed. 4.5.3 Scope of Proposal/Business Plan Approach 4.5.3.1 A narrative description of the proposed operation, management, and promotion of the racing facility at Pueblo Motorsports Park during the term of the Agreement and in accordance with this request including an annual proposed program/schedule for operation of the different racing types and events. 4.5.3.2 The Proposer, in submitting the Proposal, shall agree and so state in the Proposal that Proposer has a maintenance plan that includes annual maintenance of the drag racing strip and road course as well as a plan to repair or replace facilities damaged due to usage by Proposer,or park amenities such as the scoreboard, timing equipment/computers, drag racing tree, sound system, bleachers, safety nets, and any equipment or furniture loaned to the Proposer by City. Proposal shall also address how the current problems with the timing equipment will be repaired. 4.5.3.3 Proposer shall provide an inventory of all equipment the Proposer will provide to operate and maintain the PMP facilities, infrastructure, drag strip,and race course in addition to the City owned equipment. 4.5.3.4 Provide a schedule of proposed races indicating the required minimum number of races as outlined in Section 3.2.1. Include any new or proposed events. Demonstrate how the different racing venues will co-exist within this facility. 4.5.3.5 Identify if there is any potential of developing a scholarship program. Request q for Proposal 15-067 Page 8 4.5.3.6 Describe all types of service the Proposer will be providing, (i.e., food sales, merchandise,fuel,parts,etc.). 4.5.3.7 Provide a proposed fee schedule for racers,spectators and any other service that will be offered. 4.5.3.8 Provide details of how the facility will be marketed and promoted. Will sponsorships be solicited? 4.5.3.9 Length of agreement is for five(5)years. If the Proposer wishes to propose a different number of years,the scope of the proposal/business plan shall clearly detail the proposed length of time and why this alternative time period is needed. 4.5.3.10 The Proposer shall identify if the business plan varies from any of the responsibilities identified in Section 3.1.4. 4.5.3.11 Statement indicating that all insurance requirements can be meet. 4.5.3.12 Provide a breakdown of the proposed budget(revenue,sources,amounts,personnel and operating expenses). Request for Proposal 15-067 Page 9 EXHIBIT A-"SAMPLE AGREEMENT" A LEASE AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO,A MUNICIPAL CORPORATION,AND FOR CERTAIN FACILITIES AT PUEBLO MOTORSPORTS PARK This Agreement("Agreement")is made and entered into this l l'h day of March,2013,by and between the City of Pueblo acting by and through its Honor Farm Properties Enterprise(hereinafter referred to as"City"), and (hereinafter referred to as"Operator"). RECITALS WHEREAS,the City owns certain real property known as the Pueblo Motorsports Park, located at 3733 North Pueblo Boulevard, Pueblo,Colorado 81008(the"Park");and WHEREAS, Operator has experience managing and conducting motor sports events and desires to manage, use, and operate certain facilities at the Park for the purpose of conducting motor sports events;and WHEREAS,City is willing to enter into this Agreement to permit Operator to manage,use and operate certain facilities at the Park for the purpose of conducting motor sports events at the Pueblo Motorsports Park in accordance with and subject to the terms and conditions of this Agreement; NOW,THEREFORE,in consideration of the mutual promises and agreements of the Parties hereto,and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: TERMS AND CONDITIONS 1. DEFINITIONS. As used herein,the following words and phrases shall have the following meanings: (a) "Leased Premises"means and includes all of the facilities,tracks,buildings,and land included within that area of the Park outlined in red on the map and/or aerial photo attached to the this Agreement as Exhibit A. No event shall be conducted outside the leased boundary on the Honor Farm property without prior written approval of the City. (b) "Director"means the City's Director of Parks and Recreation or any person that the Director of Parks and Recreation may authorize to act in his stead. (c) "Equipment"shall mean all equipment,supplies and/or materials listed in Exhibit B attached hereto. (d) "Leased Equipment," "Routine Equipment," "Scrap Equipment," and "Concession and Office Equipment"used individually shall only mean that equipment specifically designated by, and listed under those headings in Exhibit B attached hereto. (e) "Physical Facilities" shall mean the buildings, parking lots, tracks, plumbing system, heating system,and electrical system located on the Leased Premises. (f) "Profit" shall mean gross income generated from any source received by Operator less normal and reasonable event costs. See Exhibit C attached hereto. (g) "Sponsorship Contract"means any contractual arrangement in which a third party business pays for the right to have its product used or sold at the Leased Premises,or to place advertising signs,banner, and other materials at the Leased Premises. Request for Proposal 15-067 Page 10 2. EXHIBITS TO AGREEMENT. (a) The following exhibits are attached and incorporated as part of this Agreement: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: (b) In the event of any conflict between the terms of this Agreement and any Exhibit made a part of this Agreement, the Terms and Conditions of this Agreement shall take precedence and control over all Exhibits. 3. GRANT OF EXCLUSIVE RIGHT TO OCCUPY AND OPERATE LEASED PREMISES. (a) City grants to Operator the exclusive right to occupy, use, manage, and operate the Leased Premises in order to conduct motor sports events,subject to: (1) The City's right to enter the Leased Premises with or without notice to Operator to inspect the premises, and to perform major repairs. (2) The City's right to review and approve any and all Sponsorship Contracts as set forth in Section 9 of this Agreement; (3) The City's right to inspect the Operator's records, including but not limited to sales receipts, inventory lists, equipment logs, third party Release Agreements, purchase orders, payroll, financial records, tax returns and bank statements, or any subcontractor contracted by Operator to work, manage, or operate all ora portion of the Leased Premises. Any subcontract agreement must include a provision reserving this right to the City; (4) Operator holding, operating and/or managing a guaranteed minimum number of racing events on the Leased Premises as follows: o # road racing events(motorcycle or auto) o # consecutive Friday Night Drag events(June,July,August) • # Drag racing points events (5) Operator honoring the 2016-2021 Gold Cards and 2016-2021 Youth Passes for all events held at the Leased Premises during 2016-2021; (6) Operator allowing the Pueblo Police Department to use the Leased Premises for training purposes on dates scheduled for 2016-2021 as set forth in the Request for Proposal attached hereto as Exhibit E; and • (7) Operator entering into a rental agreement with Southern Colorado Quarter Midgets Association for use of the quarter midget track located within the Leased Premises. Request for Proposal 15-067 Page 11 4. TERM. (a) The initial Term of this Agreement shall commence on 1,2016 and end on 31,2021 ("Term")unless sooner terminated pursuant to the terms of this Agreement. (b) Either party may have the option to extend the term of this Agreement for up to five additional one-year terms by giving the other written notice of its intent to exercise its option within one hundred and twenty(120)days prior to the expiration of the then current term. Any extension beyond the original term of this Agreement is contingent upon the parties negotiating in good faith any changes to the terms of this Agreement. No extension shall be effective until it is reduced to writing and signed by both parties. 5. RENT. (a) Base Rent, Operator shall pay to the City without notice,offset or deduction base rent for the Lease Premises as follows: (b) Additional Percentage. In addition to the base rent, Operator shall pay to the City as rent for the Leased Premises an Additional Percentage as follows: (c) Base Rent shall be made payable to Honor Farm Enterprise and delivered to the Director at the place designated in this Agreement for Notice to the City. Base Rent shall be paid into the Honor Farm Properties Enterprise. Base Rent shall be due without notice, offset or deduction in two equal increments each year with the first due on or before June 30 of each year and the second due on or before September 30 of each year. (d) Additional Percentage, if any, shall be due and payable within 30 days of the end of the year (i.e. for Year 1 —date). Any and all Additional Percentage shall be made payable to the I-Ionor Farm Enterprise and delivered to the Director at the place designated in this Agreement for Notice to the City. The City shall use seventy-five percent(75%)of all Additional Percentage paid by Operator to maintain, repair, and/or upgrade the Leased Premises. The City shall consider recommendations from Operator with regard to the maintenance, repairs, and/or upgrades desired on the Leased Premises or access thereto; however, the City shall make all final decisions regarding the expenditure of the Additional Percentage within its sole and absolute discretion. Unexpended Additional Percentage shall be carried over from one year to the next on an ongoing basis. (e) Operator shall pay to City a late fee in the amount of five percent (5%) of the Base Rent for any rent payment paid more than thirty(30)days after it is due. All rent,fees, and other sums due under this Agreement shall bear interest at the rate of eight percent(8%) per annum from the date the sum first becomes due,compounded monthly. 6. UTILITIES. Operator shall pay,before delinquent,all charges for utilities, including but not limited to electric,gas,sewage,water,phone,trash,cable,and internet. 7. SECURITY DEPOSIT. (a) Operator shall pay to City and City shall retain a deposit in the sum of Three Thousand Five Hundred Dollars($3,500)to ensure performance of Operator's obligations under this Agreement. Operator shall pay one half of the Security Deposit($1,750)upon execution of this Agreement. Operator shall pay the balance of the Security Deposit ($1,750) no later than seven business days after Operator holds its first revenue generating event. In the event that Operator fails,neglects or refuses to pay any rent,fee,or other sum due under this Agreement,or fails to perform any obligation under this Agreement,then City may,in its sole and absolute discretion, draw from this security deposit to remedy Operator's default.Nothing contained in this Agreement shall require City to remedy Operator's default in this manner, and City may instead, in its sole and absolute Request for Proposal 15-067 Page 12 discretion, refuse to remedy Operator's default by drawing on the security deposit, and instead pursue the remedies for default provided in this Agreement or by law (b) In the event that City draws from this security deposit to remedy Operator's default, City shall notify Operator in writing and require Operator to replenish the deposit to its original level. Failure of Operator to comply with this section shall constitute a material breach of this Agreement. (c) Within sixty (60) days after the Term of this Agreement, including any extension thereof, expires or terminates City shall refund to Operator the security deposit, less any portion of the security deposit that City has applied to remedy any of Operator's defaults under this Agreement, including but not limited to unpaid rent,other sums due under this Agreement, and any damages or cleaning that may be required,whether discovered during the term of this Agreement or afterward. 8. CITY TO PROVIDE CERTAIN CAPITAL IMPROVEMENTS AND EQUIPMENT. (a) City has paid for certain capital improvements to the Leased Premises and purchased the Equipment presently located on the Leased Premises as set forth in Exhibit B attached hereto, for Operator's use on the Leased Premises. All such improvements and Equipment shall remain Property of the City and shall be returned to the City at the termination of this Agreement. All Equipment shall be tagged with City identification within one(1)month of signing of this document. (b) Operator shall not remove any Equipment from the Leased Premises without the express written consent of the City. Operator shall operate and maintain,at its own expense,all Equipment. ALL EQUIPMENT PROVIDED TO OPERATOR AS SET FORTH IN EXHIBIT B IS ON AN "AS IS" "WITH ALL FAULTS" BASIS, AND CITY MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDITION OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE. Operator is hereby advised that Operator shall be solely responsible for personally inspecting the Equipment before execution of this Agreement and any use of the Equipment. Operator's execution of this Agreement and use of the Equipment shall constitute an expressed acknowledgement by Operator that the Equipment is safe and adequate for Operator's intended and permitted use. Operator shall have exclusive control of the Equipment during the pendency of this Agreement,subject to the City's right of inspection,and shall be responsible for all equipment and for adequate safeguard for the protection of Operator, its employees, agents, independent contractors, subcontractors, and representatives, and persons engaged in any activity on the Leased Premises. Notwithstanding any provision in this Agreement to the contrary or which may be construed to the contrary, City assumes no obligation or responsibility to replace the Equipment,or to keep or maintain the Equipment in good and safe condition,appearance or state of repair,regardless of cause of need for maintenance,repair and/or replacement. 9. SPONSORSHIP CONTRACTS AND WEBSITE. (a) Sponsorship Contracts. Operator may enter into sponsorship contracts for less than Twenty Thousand Dollars($20,000)without the prior written consent of the City; however,the City reserves the right to require Operator to discontinue any sponsorship contracts and/or advertising that the City believes, in its sole and absolute discretion,is not in the City's best interests. Any sponsorship contract over Twenty Thousand Dollars ($20,000)or involving the naming of the whole,or any portion of the Leased Premised must be approved by the City in writing,which approval may be withheld at the sole and absolute discretion of the City. (b) Website. Operator must work with the City and provide necessary information to the City in order to update the Pueblo Motorsports Park website at all times during the Term of this Agreement and any extension thereof. Operator must insure a proper link from the Pueblo Motorsports Park website to the City of Pueblo website at all times during the Term of this Agreement. The City has the right to require Operator to discontinue any advertising on the Pueblo Motorsports Park website that the City believes,in its sole and absolute discretion, is not in the City's best interests. Request for Proposal 15-067 Page 13 10. MAINTENANCE OF LEASED PREMISES AND EQUIPMENT. (a) Operator shall operate, staff, manage, clean, repair, keep clean and sanitary, and maintain the Leased Premises and Equipment. Operator shall perform these duties with reasonable care according to the highest standards in the industry. (b) Operator shall use and maintain the Leased Premises in a clean, safe, and orderly manner, in compliance with all federal, state, and city laws and regulations and all rules and polices promulgated by the Director. Operator shall not allow any drifting events,military training or ramming exercises on the race tracks within the Leased Premises. (c) Operator shall not set any portion of the Park on fire;or use any incendiary or explosive devices without the prior written approval of the Fire Department and Director. (d) Operator shall repair and restore the Leased Premises and all its tracks and facilities to pre- event condition within a reasonable time after each Operator event. Operator shall report to the Director any major damage to the Leased Premises within one business day after the damage occurs (e) Operator shall provide dust control during its use of off-road areas when necessary,to the extent and degree determined by City in its sole and absolute discretion, which shall include the use of Equipment to spray the tracks when using off-road areas. • (f) Operator shall immediately clean up oil spills or any other fluid spills on the Leased Premises, including but not limited to the tracks,pits and staging areas. Operator will comply with all federal,state,and local laws,rules and regulations pertaining to the clean-up and disposal of oil,chemicals and other waste. (g) The City may inspect the Leased Premises at any time to determine if any additional cleaning is necessary, including but not limited to fluid spills, major debris, screws and glass. If so directed by the City after inspection of the Leased Premises, Operator shall perform all necessary additional clean-up at its sole expense. (h) Operator shall record all hours of use of each piece of Leased Equipment in a log, which shall be provided to the City Fleet Services Supervisor the first day of each month. Operator will not allow anyone other than City personnel and/or persons specifically approved by the City in writing, to maintain and/or repair the Leased Equipment. Operator will take all Leased Equipment to the City Fleet Department at regularly scheduled times for routine maintenance and repairs. Within ten(10)days after this Agreement is executed by both parties, and by January 15 of each year the Agreement is in effect thereafter,Operator shall set up a yearly schedule for routine maintenance on the Leased Equipment with Fleet Services. All repairs must be done during the City fleet normal working hours M-F from 8:00 a.m.to 5:00 p.m.All invoices provided to Operator for maintenance, repair,and/or replacement of the Leased Equipment, or any Equipment listed in Exhibit B,shall be paid within forty-five(45)days of the invoice. Upon reasonable notice,Operator will provide access to the Leased Premises and Equipment in order to allow the City to inspect and test the Equipment. Operator will only hire and use qualified persons to operate the Leased Equipment. Operator shall notify the Director of any damage or theft of Equipment within twenty-four(24)hours of the occurrence. (i) Operator shall be responsible,at its sole expense, for all routine maintenance of the Physical Facilities and Equipment. (j) Operator shall pay the first one thousand five hundred dollars($1,500)per occurrence,to repair and/or replace the Physical Facilities, Leased Equipment and Routine Equipment. Thereafter, the City shall pay any and all remaining amounts necessary to repair and/or replace the Physical Facilities, Leased Equipment and Routine Equipment so long as the repair and/or replacement is not necessitated by the negligence of Operator, its employees, agents, subcontractors, guests and/or invitees; except that the City may, within its sole and absolute discretion, choose not to repair or replace Routine Equipment if it determines the repair and/or replacement is not necessary to the operation of the Leased Premises. Request for Proposal 15-067 Page 14 (k) Operator shall pay the first five hundred dollars ($500) per occurrence, to repair and/or replace the Concession and Office Equipment. Thereafter, the City shall pay any and all remaining amounts necessary to repair and/or replace the Concession and Office Equipment so long as the repair and/or replacement is not necessitated by the negligence of Operator, its employees,agents,subcontractors,guests and/or invitees;except that the City may, within its sole and absolute discretion, choose not to repair or replace the Concession and Office Equipment if it determines the repair and/or replacement is not necessary to the operation of the Leased Premises. (I) Operator shall be responsible for maintaining all tracks in substantially the same condition as they existed on the date of this Agreement except for normal and acceptable wear and tear. 11. CONSERVATION EASEMENT; KEYS; AND PYROTECHNICS. (a) Conservation Easement. Operator understands and agrees that this Agreement and Operator's use of the Leased Premises is subject to the conditions and limitations of the Conservation Easement recorded July 2,2001 as Reception No. 1390542 in the records of the Pueblo County Clerk and Recorder("Easement"). Operator acknowledges receipt of a copy of the Easement. City makes no representation or warranty that Operator's intended use of the Park or the provisions of this Agreement are approved uses or allowed under the Easement. (b) Keys. Operator must provide access per city request to the Leased Premises, including but not limited to any buildings, facilities, and tracks. In the event that Operator changes any locks to any buildings, gates,or facilities Operator must immediately provide copies of the keys to the Director. (c) No Pyrotechnic Devices. Operator shall under no circumstance use pyrotechnic devices, explosives, fireworks or incendiary devices of any kind anywhere in the Park without prior written approval from the Fire Department and the Director. 12. INSURANCE,INDEMNITY,AND RELEASES. (a) Insurance and Proof of Insurance. Operator shall, within ten (10) days after this Agreement is executed by both parties, and on the anniversary of such execution each year, obtain the following insurance coverages and provide to the City the following Certificates of Insurance showing that Operator has obtained the following insurance coverages. Operator shall maintain all such insurance coverages at all times during the term of this Agreement: (1) Workers'Compensation Insurance,including Occupational Disease Provisions,effective during the entire Term of this Agreement and any extension thereof, fully complying with the provisions of the Workers' Compensation Act, as amended, of the State of Colorado. Such insurance shall be obtained notwithstanding that Operator may have no employees as defined under said Act or that Operator might otherwise avail itself of an exemption under the Act from any legal requirement to obtain such coverage. Such insurance shall cover all employees of Operator performing work on the project irrespective of whether such employees may be shareholders, managers, partners or owners of Contractor or exempt employees under the Act. If any class of employees engaged in hazardous work under this Agreement at the Leased Premises is not protected by the Workers' Compensation statute, the Contractor shall provide, and similarly shall cause each subcontractor to provide, special insurance for the protection of such employees not otherwise protected. The Workers' Compensation Insurance policy shall contain an endorsement waiving subrogation against the City. (2) Commercial General Liability Insurance, effective during the entire Term of this Agreement and any extension thereof, issued to and covering the liability of Operator with respect to all work and events performed by Operator and its subcontractors under this Agreement, to be written on a Commercial General Liability policy form. This insurance shall be written in amounts not less than$2,000,000 for each occurrence and $4,000,000 aggregate. This policy of insurance shall be endorsed naming the City of Pueblo, its Enterprises, controlled Nonprofit Corporations,their officers, agents and employees as additional insured. The policy shall Request for Proposal 15-067 Page 15 also provide coverage for contractual liability assumed by Operator under the provisions of this Agreement,and "Completed Operations and Projects Liability"coverage. The Commercial General Liability Insurance policies shall contain a waiver of subrogation. (3) Comprehensive Automobile Liability Insurance effective during the entire Term of this Agreement and any extension thereof, written with limits of liability for injury to one person in any single occurrence of not less than$1,000,000 and for any injury to two or more persons in any single occurrence of not less than $1,000,000. This policy of insurance shall be endorsed naming the City of Pueblo, its Enterprises, controlled Nonprofit Corporations,their officers, agents and employees as additional insured. This insurance shall include uninsured/underinsured motorist coverage and shall protect Operator from any and all claims arising from the use both on and offthe Basic Services site of motor vehicles,including any automobiles,trucks,tractors, backhoes and similar equipment whether owned, leased, hired or used by Operator. The Comprehensive Automobile Liability Insurance policies shall contain a waiver of subrogation. (b) Notices to City in Policies. Every insurance policy and certificate of insurance specified in subsection (a)of this Section shall contain a provision and/or special endorsement requiring that the Insurer notify the City in writing, in the manner provided in this Agreement, in the event that any such policy or coverage is revoked, terminated,rescinded,or lapses. (c) Releases and Claims Waiver. Operator forever releases and waives any and all claims, known and unknown, presently existing or arising in the future, and any suit or action in law or equity against the City, its Enterprises, controlled Nonprofit Corporations, their officers, agents, independent contractors, and employees ('Released Parties") in any court or tribunal, based on tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Operator, its officers,agents,independent contractors,or employees may suffer,related to or caused by the Released Parties, or any vehicle, object,thing, or activity in any building or facility owned, leased, operated or controlled by the Released Parties. (d) Operator Covenants Not to Sue. Operator shall not file, pursue or prosecute any suit, action or proceeding, in law or in equity, in any court or tribunal, against the Released Parties, based on tort, statute, violation of civil rights,or any other legal theory,for any physical injury,psychological injury,death,or property damage or loss that Operator, its officers,agents, independent contractors,or employees may suffer related to or caused by the Released Parties, or any vehicle, object, thing, or activity in any building or facility owned, leased,operated or controlled by the Released Parties. (e) Operator Indemnifies. Operator shall indemnify, defend and hold harmless the Released Parties against any liability for any damages,attorney's fees,and restitution that may be imposed by any court or tribunal in any suit,action or proceeding in law or equity filed by any person or entity based on tort, statute,violation of civil rights,or any other legal theory,for any physical injury,psychological injury,death,or property damage or loss that any such third person may suffer as a result of any cause, including related to or caused by the Released Parties, or any vehicle,object,thing, or activity in any building or facility owned, leased, operated or controlled by the Released Parties. (f) Operator Must Obtain Releases from Third Parties. Prior to entering the Park on any Operator Event day, all Operator employees and agents, and event participants MUST sign a Release and Waiver of Liability, Assumption of Risk and.Indemnity Agreement("Release Agreement"), the language of which must be approved by the Director, in the presence of Operator personnel and all executed Release Agreements shall be maintained and kept on file by Operator for at least three(3)years from the date of the Release Agreements. Originals or copies of the Release agreements shall be delivered to the City upon its request. Operator's obligation to maintain these records and provide them to the City upon request shall survive termination or expiration of this Agreement. Operator shall bear sole responsibility for full compliance with this Section. Entry into the Park by any Operator employee and agents and event participants during an event prior to the execution of a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement by such individual shall constitute a material breach of this Agreement by Operator. Request for Proposal 15-067 Page 16 13. IMPROVEMENTS. (a) Operator Fuel Storage Facility.If Operator decides to utilize the above ground fuel storage facility it shall utilize and maintain the system in compliance with all Federal, State and City ordinances and laws, specifically including all City fire ordinances and regulations. Any other fuel vendor hired by Operator shall also meet with the City Fire Department prior to selling fuel to ensure they are in compliance with all Federal, State and City ordinances,and laws. (b) Costs of Improvements; Approval Required. All costs associated with the development, installation,construction,and maintenance of any improvements shall be the sole responsibility of the Operator. All improvements must be approved in writing by the City prior to installation or construction. Any proposed changes must meet all building permit regulations and be constructed, installed, maintained, and operated in compliance with all local, state, and federal laws and regulations. Operator must obtain the prior written approval of the Director for any proposed improvements and a certificate from the Pueblo Regional Building Department approving any proposed improvements. Operator shall maintain the improvements in good and safe condition,appearance and state of repair,regardless of the cause or need for maintenance and repair. (c) Improvements Become City Property Upon Termination of Agreement.All improvements shall become the property of the City at the option of the City upon termination or expiration of this Agreement. 14. INTELLECTUAL PROPERTY. This Agreement is solely for access to and use of the Leased Premises. Operator shall not photograph,film,or broadcast any Event or any part thereof without first obtaining the prior written consent of the City. In addition,no footage or images obtained from City access granted herein may be reproduced, sold, broadcast, commercially exploited, or distributed without a separate written license agreement from the City authorizing such use. 15. NO REPRESENTATION OR WARRANTY OF CONDITION OR FITNESS. THE LEASED PREMISES IS PROVIDED ON AN "AS IS""WITH ALL ITS FAULTS"BASIS,AND CITY MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDITION OR FITNESS OF THE LEASED PREMISES FOR OPERATOR'S EVENTS OR FOR ANY PARTICULAR USE OR PURPOSE. Accordingly, Operator is hereby advised that Operator shall be solely responsible for personally inspecting the Leased Premises before execution of this Agreement and commencement of any Event. Operator's execution of this Agreement or commencement of any Event shall constitute an expressed acknowledgement by Operator that the Leased Premises is safe and adequate for Operator's permitted use. Operator shall have exclusive control of the Leased Premises during the pendency of this Agreement, subject to the City's right of access, and shall be responsible for all equipment and for adequate safeguard for the protection of Operator, its employees, agents, independent contractors,subcontractors,and representatives,and persons engaged in any activity on the Leased Premises. Notwithstanding any provision in this Agreement to the contrary or which may be construed to the contrary, City assumes no obligation or responsibility to keep or maintain the Leased Premises or any track or facility thereon in good and safe condition, appearance or state of repair, regardless of cause of need for maintenance and repair. 16. MINORS. No individual under the age of 18 years including Junior Dragsters and Quarter Midget racers shall be allowed in any restricted area of the Leased Premises (which shall include the track surface, starting line area, garage areas, staging lanes, run-off areas, trackside communications stations, and any other location as defined in generally accepted policies of liability coverage for Motorsports entities), without a(1) Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, and(2)a Parental Consent to the Release and Waiver of Liability,Assumption of Risk and Indemnity Agreement executed by each minor and the minor's parent or legal guardian. The language of the Release and Waiver of Liability,Assumption of Risk and Indemnity Agreement and Parental Consent to the Release and Waiver of Liability,Assumption of Risk and Indemnity Agreement must be approved by the Director. These documents must be signed in the presence of Operator personnel and are required before said minor's entrance into the restricted areas of the Leased Premises. All executed documents shall be delivered maintained and kept on file by Operator for three(3)years from the dated of the Release Agreements. Originals and/or copies of the Release Agreements shall be delivered to the City upon request. Operator's obligation to maintain these records and provide them to the City upon request Request for Proposal 15-067 Page 17 shall survive termination or expiration of this Agreement. Operator shall bear sole responsibility for full compliance with this Section. Entry by any individual to a restricted area prior to the execution of the Agreements listed above in this Section by the proper party shall constitute a material breach of this Agreement by Operator. 17. TERMINATION AND DEFAULT. (a) Default and Correction. If either party is in default hereunder, the non-defaulting party may give written notice describing the default to the defaulting party. If the defaulting party does not correct such default within twenty(20)days after receipt of said notice,or if the default cannot be corrected within said 20- day period and the defaulting party fails to commence action to correct the default within said 20-day period and thereafter diligently pursues corrective action, the non-defaulting party may upon an additional five (5) days' notice given to the defaulting party terminate this Agreement. (b) Termination for Breach.Notwithstanding the foregoing, if Operator commits a breach of any term of this contract, City may terminate this Agreement upon thirty(30)days' prior written notice to Operator specifying the breach and the date of termination. Except for accrued rights and liabilities and those covenants which survive termination hereunder, upon such termination each party shall be released from all future duties and obligations hereunder. Material breaches shall include: (c) Termination Without Cause.Notwithstanding the foregoing, either party may terminate this agreement without cause by providing 60 days written notice to the other party. No premature termination of this Agreement shall affect any right of either party accruing prior to such termination, whether such right is conferred by the terms of this Agreement or arises under general principles of law. 18. NOTICE. Any notice required or permitted to be given hereunder shall be in writing and delivered personally or by certified mail,postage prepaid, as follows: (a) If to City: Director of Parks and Recreation, City of Pueblo, 800 Goodnight Ave., Pueblo, Colorado 81005; and City Manager,City of Pueblo,#1 City Hall Place,2°d Floor,Pueblo, Colorado, 81003. (b) If to Operator: (Operator's Mailing Address) 19. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK. (a) At or prior to the time for execution of this Agreement Operator shall submit to the Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Operator will participate in either the"E-Verify Program"created in Public Law 208, 104'" Congress, as amended and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security or the"Department Program"established pursuant to§8-17.5-IO2(5)(c)C.R.S.that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. (b) Operator shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; (2) Enter into an Agreement with a subcontractor that fails to certify to Operator that the subcontractor shall not knowingly employ or Agreement with an illegal alien to perform work under this Agreement. Request for Proposal 15-067 Page 18 (c) The following state-imposed requirements apply to this Agreement: (1) Operator shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or Department Program. (2) Operator is prohibited from using either the E-Verity Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. (3) If Operator obtains actual knowledge that a subcontrator performing work under this Agreement knowingly employs or contracts with an illegal alien,Operator shall: A. Notify the subcontractor and the City's Purchasing Agent within three (3)days that Operator 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(3)days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor does not stop employing or contracting with the illegal alien; except that Operator shall not terminate the Agreement with the subcontractor if, during such three(3)days,the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (4) Operator is required to comply with any reasonable request by the Colorado Department of Labor and Employment(hereinafter referred to as"CDLE")made in the course of an investigation that CDLE is undertaking pursuant to its authority under§8-17.5-102(5),C.R.S. (d) Violation of this Section by Operator shall constitute a breach of Agreement and grounds for termination. In the event of such termination,Operator shall be liable for City's actual and consequential damages. (e) As used in this Section, the term "subcontractor" shall mean any subcontractor of Operator rendering services within the scope of this Agreement. 20. MISCELLANEOUS. (a) Additional Documents. The Parties agree to execute any additional documents or take any additional action that may be necessary to carry out this Agreement. (b) Force majeure. Any delays in or failure of performance by any party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God,fires not caused by a breach of this Agreement,floods,storms, lightning strikes, labor strikes,labor disputes,accidents,regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. (c) Binding Effect. This Agreement shall inure to the benefit of,and be binding upon,the Parties, their respective legal representatives,successors,and assigns;provided,however,that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. (d) Section Captions. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. (e) Integrations, Severability, Amendment,and Counterparts. This Agreement represents the entire agreement between the Parties and supersedes all prior discussions and written agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such Request for Proposal 15-067 Page 19 holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together constitute one and the same agreement. (I) No Third Party Beneficiaries; No Waiver of Immunities. Nothing in this. Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third party,or to waive any immunities or limitations conferred under federal or state law,including but not limited to the Colorado Governmental Immunity Act, §24-10-101 et seq.,C.R.S. (g) Waiver of Breach. A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. (h) Authority of Signers.Each person signing this Agreement on behalf of a party represents and warrants thathe or she has the requisite power and authority to enter into,execute,and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. (i) Attorney's Fees and Costs of Collections. In the event that it becomes necessary for the City to bring any action or proceeding to collect unpaid utilities, rent,damages,janitorial fees, costs, or other sums due under this Agreement,to enforce any provision of this Agreement,to recover damages for Operator's breach of this Agreement, or to seek specific performance of this Agreement, the prevailing party shall be entitled to collect its reasonable attorney fees,costs of suit,and costs of collection as part of the judgment in such action or proceeding. (j) No Multi-year Fiscal Obligation on City. This Agreement is expressly made subject to the limitations of the Colorado Constitution.Nothing herein shall constitute,nor deemed to constitute,the creation of a debt or multi-year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, contrary to Article X, §20 Colorado Constitution or any other constitutional,statutory or charter debt limitation. Notwithstanding any other provision of this Agreement, with respect to any financial obligation of the City which may arise under this Agreement in any fiscal year after ,in the event the budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure shall not constitute a default or breach of this Agreement, including any sub-agreement,attachment, schedule,or exhibit thereto, by the City. (k) Certain Provisions Survive Expiration and Termination.The provisions of this Agreement pertaining to insurance,releases,indemnification,payments to the City,and liability shall survive the expiration of the term of this Agreement and termination of this Agreement and continue in effect for a period of five years following the termination of this Agreement and for such further time as it may take to completely and finally negotiate, settle,or litigate any claim or suit concerning the same. (I) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado. (m) Assignment. This Agreement shall not be reassigned by Operator without the prior written consent of the City,which consent may be granted,denied,or conditioned in City's sole and absolute discretion. Request for Proposal 15-067 Page 20 IN WITNESS WHEREOF, the Parties hereto have executed and delivered on this day of ,2016. (COMPANY'S NAME). CITY OF PUEBLO, A MUNICIPAL CORPORATION By: By: President of City Council Print Name: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Request for Proposal 15-067 Page 21 EXHIBIT B COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment,engagement,retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore,as a condition of contracting for services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes , No (Must sign below whether you answer "yes"or "no") (b) If you answered "yes" to (a) above, please answer the following question: Are you 1) an individual, 2) sole proprietor or partnership,or 3)a business or company owned or operated by a PERA Retiree or an affiliated party? Yes ,No . (If you answered"yes"please state which of the above listed entities(1,2,or 3)best describes your business: (c) If you answered"yes"to both(a)and(b),please provide the name,address and social security number of each such PERA Retiree. Name Name Address Address Social Security Number Social Security Number (If more than two,please attach a supplemental list) If you answered"yes"to both(a)and(b),you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Failure to accurately complete,sign and return this document to the City of Pueblo may result in your being denied the privilege of doing business with the City of Pueblo. Signed ,20 By: Name: Title: For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,siblings,half-siblings,children,and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and including spouse,spouse's parents,stepparents,stepchildren,stepsiblings,and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. Request for Proposal 15-067 Page 22 Exhibit C LEASED AND ROUTINE EQUIPMENT PMP vehicle# Year Description 226020 2011 ML 085 Kubota Tractor Ser#72593&Lay Down Equipment 226019 2012 Laymor Sweepmaster Model SM300 Ser#34013 226028 1998 Ford f150(Vin#1FTZF1761WNA91071 Lic#0039A32)-teal in color 226902 1999 1999 HMD Flatbed Trailer Unit#22 Polaris ALL Terrain Vehicle-600 Sportsman(green) Unit#23 Polaris ALL Terrain Vehicle-330(yellow) 2 ea ;500 Gallon Fuel Tanks Request for Proposal 15-067 Page 23 EXHIBIT D The following maps are attached as a separate document: ® Area Map • Honor Farm Map ® Race Facility Maps I &II Request for Proposal 15-067 Page 24 EXHIBIT D rea a / / 7 4 ,./. f , ZSR / ---.-. 1. o __,:vil: J % / _.?L . -.1"/FP. ,--/,- , , :!/. J.' /0/9';,,,,,„0114,c::..41-4 .,...„. , \\), U. 1.o.....":"J" — HONO1 q "� \. 4 -_ �/%WA:� .� 'M ��, C Y OF P - = LO - i s 4 ;> C: h%i 1' Q r 1 ,hs u r "Stiiii, - r y-',.,/, •::4101N- • .i. ,,,,. .. 7,_ .. . 7/. .1 ' N �� Legend A .r 11, ..i EXISTING HONOR FARM PROPERTY i� {?% PRIVATE PROPERTY ,a t STATE PROPERTY Nr �", ' t—__ ........ NTERSTATE 25 x STATE AND LOCAL HIOHI AYS ` x - i —4.--4 RAILROADS MR. �w*rmccosiiv°i. anaz b° 01.1rmnvb�ro zx -- E2al.NoWd,Wt!_DittBaundary„0307 x s EXHIBIT D �a ; :; :'air611o .,..:-.74b.'?.. .r pti JEQ a :1•,, � i 'S H Oli ,ifV 4,, ..,,roggil tt ,rivliti7, Ti. riktiolAi ,® r f,,,..., ii...,.::, S ido ) �� .f i b R# yt:ee ki �oY: C . , 71�U q D v ` -yG0a�r 4rt ` , iom ` ci y ,y3 i ^ 5 1 , T ,.',.,,..f:4,„,.,!„...,,,,.44--:,.A:1,--, � # AAAy v 2 Le9wfw e " s � v � ro i ;3 df FLf �tAi { d S .w 1 16 , I� + 0 m � ,,r' g x �' 1 �,,in ,i "''''���r� i.:4 ' � r ittif 11 C a 1i , k ;17),;1,1'4,:N , { ! e'4_3 xific�. 0 : � a4 � ' . 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Jc �L:`t a ‘`� "5j , s ;„ia ' ,0,,.(4::. ,ik � Cw.:.?" n goia, li 5 5E5 i li-'40 t4;.', EXHIBIT D Race Facility Map `'4 t A b'":5`d'.f ArA >,h ""w" "r .rm t9 M'`Y :s 1 `�°yfl y"` i^�`vgii7y y k' _.„,,,,,..1,,-.f., --s;:4.„..," w Y 's ,�, ttm 1 .+: Y g *'smU E �Y i� e v ,j r" ` '" "`'j °^ G, .tti i w r y.,,,r&oo"ff"11,,,,#" 4 `.y{',t .� 6 1 N'i•y " S yy9�, ,, # ,A. •4 f.t; -ry +l,t�"y,'c� My.' y'. }{ a "fi ,:, 7 F^ k �' Y �'N y i d � .YS 4 q Y k} _[' i€ h�. 44 'ti :�.' `" `y i 4 ti�- YA.r: iT nk a m do �. >r2'# a} ! i 'a�k. xf w ': '.:r a• ?"� ,f,';2 t�`,1; ''F ` k3t g �" ', A s x�'"�'i�� qt�'� �'d6���h t� ..��* °F�t� A ,,,,.,, x '�- >�,.,,,n' 'J'i '��t j rx"��"y�' �S:'� �'.n� ,�$"a' ,,,,4,,,,,,0,—,*,- � m 'r$ '' kr t 'l "t. s � Lt' ds a '1` „c ra ' Ca3 t`Ty-i :4G� e- ' a j. - , $.§,...?„,,,,,f....,,., 3. k t },i lvr* '2§ t, 7' ttF k § °°4 , f a" f gra,s� ';. �'`� � M � '�� kr: � r o- ih �"��' k'ki"��` p{,, w�ry rn� t>y'3 ' '^r- 6!ia P ��� ' "{ 'yyp �} - Ns 9 „W, - L ,..1 r` 4 t Wigi 1, ) '� ��n s nye p + p • -` _p'i°rtS,fl } 9ir* 'z3+ pd It Ip '' d^" s�,Gl "nrCY� Wc-:-; .""yd �5..' +� AV - i y �',l a�'w` '14:. to il� ,gam a t 3 3 ,�' f i:,,, i l� a `y40. +0,, '!iH r& u .r .� ., :.". 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W - ..;,c. cq UE BL [ ,.U Cil7:. p. tr ,i ran EXHIBIT D Facilities Map NIX K''� t 3'ti#k •4•".“4".4i z nt k ''r hr'-� n 6"z, i A.+ i`" z,2 t #" '7 4 P k� V' i .. % re y 'e 9,� ,4 fin "� ' E�� tgrVoi��ri �a dt a k • '� .. a��tx l i`' .,` "fif , , : , Entrance Road§ - xta ' � fi ' ; ei } ilitr,4,141,.'4V+451,''11.032C., ‘V6,44rkiiblif, 44.A.:444,41.44 Ticket Booth 'Ticket Booth , ' „ t � % } .. ;fit ',,C,'1. 0. ., k ua P t ., e �ggw� tl,r' s�� f4 x s " Garagev",4-41.4,4W.,, " ft p { "' t td»i YQr#/ t ~;� t..' m R'A' .Ad `' r -.3 01,4,„4,41,17,,,,,,5itr c,d�la;n :.,,.,„to + ky� 'r-1 ,.;, m. Z r 5 ` - a 4 4,prtar yW ^ ; 4 d rk4~�4r tz Dia strip,' 'WV i �a ,. r 5 nSpe ,� s atra 9 p � � s .% �'� � s,�it41 �� v �#� + �� �,•3 x� fYir0 `r ^`." . 'SA,,,,,�WM,f �f ., v 1 fi t 1 -0.:0,L .tN " �r 150:A=1,-,...i - "- rs `# �r� '1.# y rc }� f �� °�5:i°S 'a Gt'} Ticket Boothes . fy °''� � r l4 a `eisk�Si y 'r +' 1,, .r lea ,.5 r�,,. ,'ziel a� X n �„4,1 44144,1� 74 ' t 11:111'4'3' r r. 164,441P-,-,',,'',F ,4 xMobile'Home/Officelio ".3"zk v',, r :tk r n F,J ,rt +';, ,,., .�k',vax ;$40 a,. M1y 1 -+i , ,vki 4 y`4 i, F4�0a#', .4,,i':,�` t;r;. y :lrs 3. g r? wc' 4.,„trrolitvils` '�✓ ae .., p$ s'ti,i'n� wASkt!fit,.b..„ ,y 9gok e 1, ,"t'. ;F'4 r4` ,et,5 t a4' A; - �%, : xvx�` , x` tr^a. , .*2,6kituaNILtai,a,t, . ,�,, �' Vt"` ',. tri fin^ hind �'.b,d ,X; `St i,'. Ort 4. 3 4:. s., .'.i>#r':L F fill �w�l V s b x.,. P $ z��s "1 a. .•. C 3I t $�ab$F w Rally1Course `,` tx } �a i ,i'Ar r _ " „g " _ `7 r\ �' 4 tk-" 6' - 4 r '"' !w,4o*'t t"� i.'a '4Gz, '4 '�I ,4 t '' st. �a+ -517+'^`^s r ,a-x �' s " 1 ,t$a A }.' "'1';v+, ''#`i`d y ti 4x5 4 *^ '- �, ',,,,ak�a,s- 4 p v �v� '1 ,l r� i.i. " '*"'+ ,a t0,4... c'„,.'.1,,.';'4",i,..::',41-fp? 1 f rr� �` ,a fp' a - Bleachers .., ,:r ,R t'i .";z,c4'iV �5'tti ay,41 i i1&' "it 14 , ,,,�. ' ? ,psr+ s§tl t �t u 4 .r k "I:. . look )'F r: itkY k (b''' w 'F. fiAr"` t el a"lli a"t`4 3,t f 3i4t i'°, t1 a: . ,t ,n^ it, "g J': +#.,'4 M iePs ere .,r„ ° 4 1 1 ogoi'•'t� 7 i, r 4 i a `l'b 1 r,-4 4 #1 t g ° #4 ¢� 4 4.1t74-1,1:� � ,r. f-9'.' :. z �� • a ,r 1 a 13 y ¢S $ a ye r 3 s Otleftar Midge!Track � 1t °5� '?b _'« '',"44.3 .Concessions %rT+,y z.a s t 9 ,a,.. 44t 4 w �` s k ' e§ �Ab il.,, i`1 t''' "r 41 " f „ li ti.-i�`' - 't t i, ",4 kskY i1a5 ,ti, VIP Area 1•.' 4, , ' 11,, 4 alas 1 1 § t, d Pz ,�f. „% `FA' r # x F ''' .:T.,�. Restrooms " 1 '1 4 :. 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' : u ' • u ► • •► SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA)in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo: (a) Are you,or do you employ or engage in any capacity,including an independent contractor,a PERA Retiree who will perform any services for the City of Pueblo? Yes , No . (Must sign below whether you answer "yes"or "no".) (b) If you answered "yes" to (a) above, please answer the following question: Are you 1) an individual, 2) sole proprietor or partnership,or 3)a business or company owned or operated by a PERA Retiree or an affiliated party? Yes No . If you answered "yes" please state which of the above listed entities (1, 2, or 3) best describes your business: (c) If you answered "yes" to both (a) and(b), please provide the name, address and social security number of each such PERA Retiree. Name Name Address Address Social Security Number Social Security Number (If more than two,please attach a supplemental list) If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Failure to accurately complete,sign and return this document to the City of Pueblo may result in your being denied the privilege of doing business with the City of Pueblo. Dated ,20 By: Name: Title: For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,siblings,half-siblings,children, and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation.