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HomeMy WebLinkAbout342049 WIDNER MICHOW & COX LLP - CONTRACT - RFP - 7478 MEDICAL MARIJUANA LICENSING AUTHORITYAmendment #01 to the Service Agreement between the City of Fort Collins and Widner Michow & Cox LLC This Amendment (Amendment) is entered into by and between Widner Michow & Cox LLC (the “Service Provider”) and the City of Fort Collins, Colorado (the “City”). WHEREAS, the City has entered into a Service Agreement for Service Provider to serve as the Medical Marijuana Licensing Authority dated April 1, 2013 (the “Agreement”); and WHEREAS, the City desires to expand the Scope of Services to include retail marijuana and to renew the Agreement for an additional year; and WHEREAS, Service Provider agrees to expand the Scope of Services and renew the Agreement; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Scope of Services. The Service Provider shall serve as the Retail Marijuana License Authority in accordance with Exhibit B attached hereto. 2. Contract Period. The Contract Period shall be extended one (1) year from April 1, 2014 to March 31, 2015. 3. Exhibit B, Compensation. The Compensation shall be $180/per hour of services. Except as expressly amended by this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year shown. CITY OF FORT COLLINS: By: Printed Name: Gerry Paul Title: Director of Purchasing & Risk Management Widner Michow & Cox LLC: By: Printed Name: Robert C. Widner Title: Partner ATTEST: ________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney DocuSign Envelope ID: 64B4A479-8DEF-472F-B683-D8B2CDE64804 5/6/2014 5/6/2014 EXHIBIT B SCOPE OF SERVICES Service Provider shall serve as the Retail Marijuana Licensing Authority (“Authority”) pursuant to: Division 2, Sec. 15-604, Sec. 15-605 and Sec. 15-606 of Article XVI of the Municipal Code of the City of Fort Collins (“Code”) and Article 43.4 of Title 12, C.R.S. described as follows: DIVISION 2. RETAIL MARIJUANA LICENSING AUTHORITY Sec. 15-604. Creation. There shall be and is hereby created a Retail Marijuana Licensing Authority, hereafter referred to in this Article as the "Authority." Sec. 15-605. Composition. The Authority shall be a person appointed by the City Manager. Sec. 15-606. Functions. (a) The Authority shall have the duty and authority pursuant to the Colorado Retail Marijuana Code and this Article to grant or refuse licenses; to grant or refuse transfers of ownership or location of the license; and levy penalties against licensees in the manner provided by law. (b) The Authority shall have all the powers of a Local Licensing Authority as set forth in the Colorado Retail Marijuana Code. (c) The Authority shall have the power to promulgate rules and regulations concerning the procedures for hearings before the Authority. (d) The Authority shall have the power to require any applicant or licensee to furnish any relevant information required by the Authority. (e) The Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the Authority is authorized to conduct. Any such subpoena shall be served in the same manner as a subpoena issued by the District Court of the State. The Code provides that the Authority will review each application for a retail marijuana business license. Based on its review, the Authority will approve or deny the application. The Authority also has the power to suspend, revoke, or deny the renewal of a license after notice and a hearing. Services Required Review all new applications for retail marijuana businesses (10-20 applications) May review renewal applications Approve or deny an application for a retail marijuana business Suspend or revoke a retail marijuana business license Conduct investigations Levy penalties Conduct hearings DocuSign Envelope ID: 64B4A479-8DEF-472F-B683-D8B2CDE64804 Promulgate rules and regulations concerning the procedures for hearings before the Authority and concerning the presentation of evidence at hearings Make detailed written findings concerning licensing decisions and hearing decisions Time Commitment The time commitment is difficult to estimate. The successful bidder will be expected to review all applications, to conduct hearings, and to perform the other functions consistent with the Authority’s responsibilities. Special Terms The City shall not provide indemnification. Compensation The compensation for services performed hereunder shall be $180/per hour of services. DocuSign Envelope ID: 64B4A479-8DEF-472F-B683-D8B2CDE64804