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HomeMy WebLinkAboutCORRESPONDENCE - RFP - 8419 SOUTHRIDGE GOLF COURSE PROFESSIONALOfficial Purchasing Document Last updated 3/2018 Page 1 of 2 AMENDMENT #02 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DMAC GOLF, LLC This Second Amendment (Amendment #02) is entered into by and between the CITY OF FORT COLLINS (the “City”) and DMAC GOLF, LLC (the “Contractor”). WHEREAS, the Contractor and the City entered into an Agreement effective January 1, 2017 (the “Agreement”); and WHEREAS, the Contractor and the City entered into an Amendment effective January 6, 2022 (the “Amendment #01”); and WHEREAS, Contractor and the City desire to amend the Agreement to extend the term of the Agreement and incorporate changes to staffing requirements, fees and general terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Article 7, Term, Subparagraph 7.2, as amended in Amendment #01, is hereby revised to include the following: The 2023 renewal term of this Agreement shall run for thirteen (13) consecutive months, from January 1, 2023 through January 31, 2024, to align the Agreement term with fiscal reporting and annual fee adjustments. The remaining three (3) renewal terms shall run for twelve (12) consecutive months, running February 1 through January 31. 2. Article 8, Fee for Services/Free for Conduction Business, Subparagraph 8.1, Tables 1, 2, and 3 are hereby revised and replaced with the following: The 2023 fees effective February 1, 2023 are as follows: Table 1 5 YEAR GROSS REVENUE SUMMARY 2018 2019 2020 2021 2022 Average Green Fees $916,730 $931,762 $1,002,588 $1,178,503 $1,309,000 $1,067,717 Cart Fees $275,088 $258,103 $320,558 $371,968 $398,000 $324,743 Driving Range $80,217 $81,255 $85,382 $134,685 $132,000 $102,708 Total $1,272,035 $1,271,120 $1,408,528 $1,685,156 $1,839,000 $1,495,168 DocuSign Envelope ID: 882EFC77-55BD-4473-8C65-3181AB70FBD2 Official Purchasing Document Last updated 3/2018 Page 2 of 2 Table 2 Description Calculation 5 Year Average Gross Revenue $ 1,495,168 11 % Gross Revenue (Annual Fee for Services) $ 164,468 95% of Annual Fee for Services $ 156,245 Monthly Installment Calculation for 12 Months $ $13,020.42 Table 3 Description Calculation Minimum Wage (2022 rate) $13.65 hour Plus 28% Overhead $3.82 per hour Total Hourly Allotment Rate $17.47 Total Annual Allotment $101,882.88 Monthly Installment Calculation for 12 Months $8,490.24 Except as expressly amended by this Amendment #02, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement, Amendment #01 and this Amendment #02, this Amendment #02 shall prevail. IN WITNESS WHEREOF, the parties have executed this Second Amendment the day and year shown. CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: DMAC GOLF, LLC By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 882EFC77-55BD-4473-8C65-3181AB70FBD2 Dave McCleave 2/14/2023 Pro Owner 2/14/2023 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/14/2023 (970) 848-3340 (970) 848-3218 22543 DMAC Golf LLC 5750 S Lemay Ave Fort Collins, CO 80525 41190 A 1,000,000 BP3269838 6/11/2022 6/11/2023 500,000 10,000 1,000,000 2,000,000 2,000,000 B 4076551 1/1/2023 1/1/2024 100,000 100,000 500,000 City of Fort Collins PO Box 580 Fort Collins, CO 80522 DMACGOL-01 AMENDOZA PFS Insurance Group 114 W 3rd Avenue Yuma, CO 80759 Amy Mendoza amym@mypfsinsurance.com Secura Insurance Group Pinnacol Assurance Co X X X DocuSign Envelope ID: 882EFC77-55BD-4473-8C65-3181AB70FBD2