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HomeMy WebLinkAbout443857 HOFFMAN, PARKER, WILSON & CARBERRY PC - CONTRACT - SOLE SOURCE - HOFFMAN, PARKER, WILSON & CARBERRY, P.C. (2)Page 1 of 3 AMENDMENT #01 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND HOFFMANN, PARKER, WILSON & CARBERRY, P.C. This Amendment #01 (“Amendment #01”) is entered into by and between Hoffmann, Parker, Wilson & Carberry, P.C. (the “Professional”) and the City of Fort Collins, Colorado (the “City”). WHEREAS, the Professional and the City entered into a Professional Services Agreement effective February 1, 2018 (the “Agreement”) for hearing officer services under the City of Fort Collins Land Use Code; and WHEREAS, the parties desire to affirm the delegation of authority from the Director of Planning, Development and Transportation (the “Director”) to attorney Kendra Carberry (the “Attorney”), acting on behalf of the Professional to undertake review of development applications and to ratify all actions taken by the Attorney acting on behalf of the Professional pursuant to the Agreement; and WHEREAS, in furtherance of affirming that delegation, the parties desire to add a new Exhibit E to the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Paragraph 16 – Special Provisions is replaced in its entirety to read: 16. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D – Confidentiality, consisting of one (1) page attached hereto and incorporated by this reference, and in Exhibit E – Delegation of Authority, consisting of one (1) page attached hereto and incorporated by this reference. 2. New Exhibit E to the Agreement is attached to this Amendment and incorporated by reference. The parties agree that Exhibit E shall be signed by the Director, and thereupon shall be considered incorporated into the Agreement. 3. This Amendment #01 serves to ratify all actions taken by the Attorney acting on behalf of the Professional under the Agreement whereby the City appointed and delegated to the Attorney on behalf of Hoffman, Parker, Wilson & Carberry, P.C., the responsibility and authority to review Type 1 development applications, hold public hearings on such applications, and issue written determination on the applications on behalf of the Director, all in accordance with the Fort Collins City Code and Land Use Code. Except as expressly amended by this Amendment #01, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment #01, this Amendment #01 shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment the day and year shown. [signature page follows] DocuSign Envelope ID: A8AE2420-FCCE-4273-959D-E0BE60D782BF Page 2 of 3 CITY OF FORT COLLINS: A Municipal Corporation By: Gerry Paul Director of Purchasing Date: _____________________ HOFFMANN, PARKER, WILSON & CARBERRY, P.C. By: Kendra Carberry Partner Date: _________________________ ATTEST: _________________________________ APPROVED AS TO FORM: ________________________________ DocuSign Envelope ID: A8AE2420-FCCE-4273-959D-E0BE60D782BF 3/8/2018 Assistant City Attorney 3/8/2018 City Clerk EXHIBIT E DELEGATION OF AUTHORITY As the Director of the Planning, Development and Transportation Unit and pursuant to the City of Fort Collins Land Use Code Section 1.4.9(E), I hereby delegate to attorney Kendra Carberry of Hoffmann, Parker, Wilson & Carberry, P.C., the authority to: 1. Conduct Type 1 review of development applications; 2. Hold public hearings on such applications; 3. Approve, approve with conditions, or deny such applications as required pursuant to City of Fort Collins Land Use Code Section 2.2.27(D)(1); and 4. Issue written determination on the applications on my behalf, all in accordance with the Fort Collins City Code and Land Use Code. LAURIE KADRICH City of Fort Collins Director of Planning, Development and Transportation Unit By: _____________________________________ Date: _____________________ DocuSign Envelope ID: A8AE2420-FCCE-4273-959D-E0BE60D782BF 3/8/2018