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Home My WebLink AboutDALE W SMIGELSKY - CONTRACT - CONTRACT - 7662DEC-28-00 THU 09:29 AN FT COLLINS-RECREATION FAX N0, 970 416 2100 P,02 ADDENDUM TO GOLF SERVICES AND CONCESSION AGREEMENT THIS ADDENDUM is made and entered into this 30th day of November, 2000, by and between T14P CITY OF FORT COLLINS. COLORADO. a muuicip corporation (hereinafter referred to as the "City"), and Dale W Smigelsky, an individual (hereinafter referred to as "Contractor")' WHEREAS, the City and the Contractor entered into a Golf Services Concession Agreement dated the 200' day of February, 1997, concerning the provision of golf services and related concessions at the City's Cit; Park Nine Golf Course (the "Golf Course"); and WHEREAS, the term of the Agreement expires on December 31, 2000; and WHEREAS, the parties wish to extend the term of the Agreement on an annual basis for up to five (5) additional years, and WHEREAS, on November 7, 2000, the City Council of the City of Fort Collins authorized the Furchasmg Agent to enter mto an extension of the Agreement for up to five additional years without a competitive procurement process in Ordinance No 144. 2000, attached hereto as Exhibit A and incorporated herein by this reference NOW, TFiZIUFORE, in consideration of their mutual promises contained herein ana other good and valuable consideration. the receipt and adequacy of which is hereby acknowledged. the parses agree as foilows 1 The agreement, as moaifed by this Addendum. shall remain in full force and effect =. Tiie parties hereby agree to the following modifications to the Agreement - a Section 6 1 of the A�-eement shall be amerced to read as follows 61 Contractor Personnel Contractor shall control the conduct and demeanor of its alerts and emptovees. If the Cin so requests. Contractor agrees to supply and require its empiovees to wear suitable attire and to wear or carry badges or other suitable means of identifcauon, t:.e fom for which shall be subject to prior and conrmuing approval of the Cny 6 _ 1 The Contractor agrees to prow nde to the City at all times a current 'List of emniowees. vou_mee.s, and other representatives or agents of Contractor that will be wonurg on behalf of Contractor in provneing services to the Cry tinder trus aQ*eernem The Contractor and the C:n ac=owiedge and agree that certain services provieed by Contractor wul require that empnoyees mr,,,olazte-.rs of Contractor act in positions of cast wmca will c-'rail •nc 2:anc1me of ana acrountni2 for firms of the C,rr ana Ciro prorerr;. or West contact wvim vouch ana other members of the 2caetai DEC-28-00 THU 09:30 AM FT COLLINS-RECREATION FAX NO, 970 416 2100 P,03 6 4 5 The foliowm, constitute unacceptable personal conduct that the parties acltnowledae and agree shall be subject to reasonable cojection by the City Tne parties acknowledge that other conduct not listed in this Section may be det.-mined by the City to be reasonably expected to impair Contractors ability to provide satisfactory services under this Agreement. and may also give rise to a reasonable objection by the City to wiuch Contractor shall be expected to respond as set forth herein In the event that Contractor, or the individual Golf Professional, if different from Contractor. commits any of the following examples of unacceptable conduct, or fails or refuses to take reasonable action to correct such conduct by any person providing services for or on behalf of Contractor hereunder, the City may give Contractor notice of violation and proceed in the manner asset forth in Section 17 1 9 A Commission or conviction of a felony, or of any crime involving moral turpitude, B Theft or misuse of City mono y or property; C Harassment of, or aiscnmrnauon against, any individual based on race religion, national ongin, age, sex, sexual orientation or disability, D Falsification. unauthorized use or destruction of City records, reports or other data or information belonging to the City; E Abusive or threatening treatment of any person, including, but not limited to physical or verbal corifrontanon; F Ltsmg consumme, possessing, having to the body or distributing alcohol (except in the normal performance of golf services) or controlled substances durine workmg time' G Destruction loss or abuse of City property, H. Unauthorized use of City equipment or property for personal use, or I Possessing or maintaining sexually explicit materials on City property b. Section 7,1 of AzTeement shall be amended to read as follows. 7 1 Period The tom of this agreement shall commence on January 1. 2001, and, unless terminated sooner, snail expire on Dcccmber 31. 2001 c Section 7 2 of the agreement shall be amended to read as follows' 72 Renewal -- 200= This agreement snail be automaucaily renewed for a penod from January 1, 2002, until December :1. 2002, tmless die Contractor is in default or unless one party serves written notice to the other party of its intention to terminate the Agreement. providea such wnttea notice must be served at least ninety (90) days prior to December 3 1.2C0t DEC-28-00 d THU 09:30 AN FT COLLINS-RECREATION FAX N0, 970 416 2100 P,04 Section 7 3 of the Agreement shall be amended to tead as follows- 7.3 Renewal -- 2003 This Agreement shall be automatically renewed for a period from January 1, 2003, until December 31, 2003, tuiless the. Contractor is in default or unless one party serves written notice to the other party of its intention to tcrmmate the Agreement. provided such written notice most be served at least ninety (90) days prior to December 31, 2002 e. Section 7 4 of the Agreement shall be amended to read as follows 74 Renewal -- 200,i This Agreement shall be automatically renewed for a period from January 1, 200T until December 31, 2004. unless the Contractor 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 pnorto December 31, 2003 f Section 7 5 of the Agreement shall be amended to read as follows. 75 Renewal -- 2005 This Agreement shall be automatically renewed for a period from January 1, 2005 until December 31, 2005, unless the Contractor 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 prio- to December 31, 2004 g Section 3 = of the -kgreement shall be amended to read as follows- '4K 3 2 Gulf Services Fee. As pavment for performance of Golf Services, the City shall pay a znctnr 1hP G,ir of Q,:4�,.IdL'_� 5-=.296 in 2002, S54,396 to 20031 556 563 in 200A, and S53,324 in 2_005 to be paid in monthly amounts at the of each monui in advance. as set forth in the Nlonthl�vment Schedule, of one (1) page, attached herero as E un bit "B" and incorporated herem by ice; prove ea. however, at e parties may agrea to an alternate payment schedule h Section 3 3 of the As-eement shall be amended to reaa as follows. 3 3 Concession Fee For the prtviiege of conaucnno the concession operations here tier. ana the exci=ve use of the Concession Space, the Contractor shall pav to tie City the s im of S'CO 00 per month in =001. S200 00 per month in 2002. `,200 00 per ri:ontr, .n 200=. S700 00 per month in 2004. anti 5200.00 per month in '005 Section 3 5 of me A_cemeni still be amendea to reap as follows DEC-28-00 THU 09:31 AM FT COLLINS-RECREATION FAX NO, 970 416 2100 P,05 ' J EXMBIT B Monthly Payment Schedule YEAR MONTHLY ANNUALLY 20� O1 w $4,190 50 - $5 2002 $4,358.00 $52,296 2003 $4,532 50 $54,390 2004 $4,714 00 $56,568 2005 $4,902.50 $58,830