HomeMy WebLinkAbout130689 SKYHAWKS SPORTS ACADEMY - CONTRACT - AGREEMENT MISC - SKYHAWKS SPORTS ACADEMY (3)FIRST AMENDMENT TO SERVICES AGREEMENT
This First Amendment to Services Agreement is entered into by and between THE CITY
OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and SKYHAWKS SPORTS
ACADEMY, INC. ("Service Provider), and shall be effective on the date signed by the City.
1. The City and Service Provider entered into a Services Agreement dated May 18,
2005 for the provision of youth sports programs.
2. In order for Service Provider to perform its work under the Services Agreement, the
City has agreed to provide Service Provider with access to addresses of users of City
recreational services.
3. As a government entity, the City is obligated under the Colorado Open Records Act,
Sec. 24-72-101 et seq., C.R.S., to protect from public disclosure the addresses, telephone
numbers and personal financial information of past or present users of City recreational
services, and must ensure that its contractors do so as well.
4. Therefore, the parties agree that the Services Agreement shall be amended by
adding to Exhibit "G", Special Provisions, an additional provision to read as follows:
Confidentiality
In consideration of access to certain information, data and material (hereinafter
individually and collectively, regardless of nature, referred to as "information")
that are the property of and/or relate to the City or its customers, which access is
related to the performance of services that the Service Provider has agreed to
perform, the Service Provider hereby acknowledges and agrees that information
that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary.
The Service Provider agrees to treat as confidential (a) all information that is
owned by the City, or that relates to the business of the City, or that is used by
the City in carrying on business, or (b) all information that is proprietary to a third
party, including but not limited to customers of the City's recreation programs.
The Service Provider shall not disclose any such information to any person not
having a legitimate need -to -know for purposes authorized by the City. Further,
the Service Provider shall not use such information to obtain any economic or
other benefit for itself, or any third party, except as specifically authorized by the
City.
This obligation shall not apply to information and material that becomes generally
known to the public by publication or some means other than a breach of duty of
this Agreement.
In the event that the Service Provider ceases to perform services for the City, or
the City so requests for any reason, the Service Provider shall promptly return to
the City any and all information described hereinabove, including all copies,
notes and/or summaries (handwritten or mechanically produced) thereof, in its
possession or control or as to which it otherwise has access.
The Service Provider understands and agrees that the City's remedies at law for
a breach of the Service Provider's obligations under this Confidentiality Provision
may be inadequate and that the City shall, in the event of any such breach, be
entitled to seek equitable relief (including without limitation preliminary and
permanent injunctive relief and specific performance) in addition to all other
remedies provided hereunder or available at law.
This obligation shall survive the termination of this Agreement.
5. All other provisions of the Services Agreement shall remain in full force
and effect unless modified by a subsequent amendment.
THE CITY OF FORT COLLINS, COLORADO
B:
Ja s . O'Neill II, CPPO
Direc of Purchasing and Risk Management
Date:
SKYHAWKS SPORT ACADEMY, INC.
By: �.
Chris Stiles, Vice President
Date: S _ .2 $ - C ' —
Attest:
Corporate Secretary