HomeMy WebLinkAboutAddenda - CONTRACT - ADDENDUM TO CONFIDENTIALITYADDENDUM TO CONFIDENTIALITY AGREEMENT
This Addendum is made and entered into by and between the City of Fort Collins,
Colorado, a municipal corporation (the "City") and Bondi and Company, LLP, (the
"Professional").
WHEREAS, the City and the Professional entered into a Professional Services
Agreement dated December 5, 2003, (the "Agreement") under which the Professional
agreed to provide certain services to the City in accordance with the scope of services
attached thereto as Exhibit "A"; and
WHEREAS, in the course of rendering such services, the Professional has
requested access to documentation in the possession of the City pertaining to the
resignation of Alan J. Krcmarik ("Krcmarik") as Financial Officer of the City (the
"Documentation"); and
WHEREAS, the Professional has represented to the City that, unless the
Documentation is provided to him, he will be unable to adequately perform the services
required under the Agreement and will be ethically bound to render a qualified opinion
regarding the financial condition of the City, which opinion could seriously jeopardize
the City's ability to obtain future financing; and
WHEREAS, the Agreement contains a confidentiality provision, attached thereto
as Exhibit "C", which remains in full force and effect; and
WHEREAS, the City has notified Krcmarik of the Professional's request and has
also notified Krcmarik that, absent the order of a court of competent jurisdiction
prohibiting the release of the Documentation, the City intends to release the same to the
Professional no later than June 24, 2005; and
WHEREAS, because of the sensitive nature of the documentation requested by
the Professional and, without limiting the generality of the above -referenced
confidentiality provision, the parties hereto wish to specifically address the manner in
which the Documentation and the information contained therein will be maintained and
used by the Professional.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
expressed herein and in the Agreement, and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged by the parties, it is agreed by and
between the parties hereto as follows:
l . Absent the order of a court of competent jurisdiction to the contrary, the
City will, as of June 27, 2005, permit the Professional to inspect and copy all such
documentation in the possession of the City that is related to Krcmarik's resignation as
the Professional may deem necessary to perform the services required under the
Agreement.
2. The Professional hereby agrees to maintain the confidentiality of such
documentation and to use the same solely for the purposes of conducting a thorough
examination of all funds and accounts of the City pursuant to Article II, Section 5 of the
City Charter and as provided in the Agreement to such extent as the Professional may
reasonably deem necessary in order to render an unqualified opinion to the City regarding
the matters to be addressed by the Professional under the Agreement. In no event will the
Professional refer to Krcmarik by name or recite any specific facts or other information
contained in the. Documentation either in the Professional's opinion to the City or in any
other document that may be available for public inspection under the provisions of the
Colorado Open Records Act as set forth in Title 24, Article 72, Part 2 of the Colorado
Revised Statutes.
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s.
ty Clerk
API' 6 VED M AS TO F R:
ity ttorney
CITY OF FORT COLLINS, COLO O
a municipal corporation
By:
Atteber y, City M ger
Dated: June 28, 2005
BONDI D COMPANY LLP.
By: J&e�I1Gt�
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