Loading...
HomeMy WebLinkAboutBRAUNS BAR AND GRILL AT COLLINDALE DBA MANNOS GRIL - CONTRACT - RFP - ADDENDUM TO AGREEMENTTHIRD ADDENDUM TO THE COLLINDALE GOLF COURSE RESTAURANT/SNACK BAR CONCESSION AGREEMENT THIS ADDENDUM is made and entered into by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, whose principal offices are at 300 LaPorte Avenue, Fort Collins, Colorado 80521 ("City") and BRAUNS BAR & GRILL AT COLLINDALE, LLC, dba MANNO'S GRILLE AT COLLINDALE ("Concessionaire"), and shall be effective on the date signed by the City. WHEREAS, the City and Concessionaire have previously entered into that certain Restaurant/Snack Bar Concession Agreement dated January 17, 2003 (the "Agreement'); and WHEREAS, the City and Concessionaire have previously entered into the First Addendum to the Agreement dated May 26, 2004 (the "First Addendum"), and the Second Addendum to the Agreement dated August 27, 2004 (the "Second Addendum"); and WHEREAS, the Agreement is for a five year term scheduled to terminate on December 31, 2007, but by the terms of the original 2003 competitive process it may be extended beyond that term if Concessionaire's performance is satisfactory, City Council approves an extension, and the parties negotiate a mutually acceptable extension agreement; and WHEREAS, City staff and the City Golf Board have been satisfied with the Concessionaire's performance; and WHEREAS, on September 18, 2007, City Council approved Ordinance No. 100, 2007, authorizing the City's Purchasing Agent to enter into an extension of the Agreement for up to five additional years, pursuant to Section 8-186(a) of the Code of the City of Fort Collins; and WHEREAS, the parties have negotiated mutually acceptable terms and conditions for an extension of the Agreement for up to five years through 2012; and WHEREAS, this Addendum is intended to serve as an amendment and extension of the Agreement and the First Addendum and the Second Addendum. NOW, THEREFORE, in consideration of mutual promises and covenants and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree to amend the terms and conditions of the Agreement as follows: 1. That Sections 4.5 through 4.9 of the Agreement are renumbered to become 4.6 through 4.10. 2. That a new Section 4.5 titled Prohibition Against Employing Illegal Aliens is added to the Agreement and reads: 4.5. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: 4.5.1. As of the date of this Agreement: A. Contractor does not knowingly employ or contract with an illegal alien; and B. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. 4.5.2. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement 4.5.3 Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. 4.5.4. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. 4.5.5. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: A. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4.5.6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 4 5.7. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. 4 5.8 The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 3. That Sections 5.1 through 5.5 of the Agreement be amended to read as follows: 5.1 Period. The term of this Agreement shall commence on January 1, 2008, and unless terminated sooner, shall expire on December 31, 2008. 5.2 Renewal-2009. This Agreement shall be automatically renewed for a period from January 1, 2009, until December 31, 2009, unless Concessionaire is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2008. 5.3 Renewal-2010. This Agreement shall be automatically renewed for a period from January 1, 2010, until December 31, 2010, unless Concessionaire is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2009. 5.4 Renewal-2011. This Agreement shall be automatically renewed for a period from January 1, 2011, until December 31, 2011, unless Concessionaire is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2010. 5.5 Renewal-2012. This Agreement shall be automatically renewed for a period from January 1, 2012, until December 31, 2012, unless Concessionaire is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement, provided such written notice must be served at least ninety (90) days prior to December 31, 2011. 4. That Section 6.1 of the Agreement is amended to read as follows: 6.1 Concession Fee. For the privilege of conducting the food and beverage concession operations hereunder, and the exclusive use of the Concession Space, the Concessionaire shall pay to the City a total Annual Concession Fee of $15,500 (Fifteen Thousand Five Hundred Dollars), or 10% (Ten Percent) of Net Sales less $14,500 (Fourteen Thousand Five Hundred Dollars), whichever is greater, in 2008; $15,000 (Fifteen Thousand Dollars), or 10% (Ten Percent) of Net Sales less $15,000 (Fifteen Thousand Dollars), whichever is greater, in 2009, 2010, 2011, and 2012. Net Sales is defined as Gross Sales minus Sales Taxes and Voids. 5. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect, except as amended by the First Addendum and the Second Addendum, or as expressly provided in this Third Addendum. IN WITNESS WHEREOF, the parties hereto have caused i:his Third Addendum to the Collindale Golf Course Restaurant/Snack Bar Concession Agreement to be executed as of the date below. CITY OF FORT COLLINS, a municipal corporation By: La.n�s �J B. O'Neill, CPPO, FNIGP ector of Purchasing and Risk Management DATE: / o /02 ATTEST: Assistant City Attorney BRAUNS BAR & GRILL AT COLLINDALE, LLC, d/b/a MANNO'S GRILLE AT COLLINDALE OWNER STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this -/P- day of 1-'Y,0 , 2007, by l9e _ Owner. Witness my hand and official seal. My commission expires: 1G ,)— � Od F Notary Pub is KAROLYN L. DESHAZER f'