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Home My Public Portal About2004 04/08 Addendum 1 to AgrmtADDENDUM NO. 1 McCALL MUNICIPAL GOLF COURSE AMENDED AGREEMENT FOR PROFESSIONAL GOLF SERVICES THIS ADDENDUM TO THE McCALL MUNICIPAL GOLF COURSE AMENDED AGREEMENT FOR PROFESSIONAL GOLF SERVICES, made and entered into this 8' day of APQil , 2004, by and between the CITY OF McCALL, IDAHO, (the "City") a Municipal Corporation, organized and existing under the laws of the State of Idaho, and Allan Morrison, whose address is 6130 Davis Avenue #38, McCall, Idaho, hereinafter called ("the Professional"). WITNESSETH: WHEREAS, the City and the Professional are parties to an agreement entitled, THE McCALL MUNICIPAL GOLF COURSE AMENDED AGREEMENT FOR PROFESSIONAL GOLF SERVICES (hereinafter the "Agreement") for the operation thereof by the Professional upon the terms and conditions set forth in the Agreement; and WHEREAS, the Agreement requires the Professional to submit certain information and data to the City Treasurer, City Manager, City Attorney and/or City Auditors; and that the City shall protect the confidential information in accordance with Idaho Code § 9-340; and WHEREAS, the City and the Professional also desire to give Golf Team City Council members Bill Robertson and Bonnie Bertram access to data and information related to the Professional's operations under the Agreement; NOW THEREFORE, the parties do hereby mutually agree that the Agreement is amended as follows: II. GENERAL CONDITIONS: A. Definitions: 7. Data: In addition to other data required to be provided in this Agreement, the Professional shall provide the following minimum data to the City Treasurer and Council members Bonnie Bertram and Bill Robertson: (1) daily tee sheet log; (2) marshal payroll records; (3) season/discount pass sales; (4) prepaid tournament entrance fees; (5) trail fees; and (6) locker fees. The City Treasurer has authority to require additional data and to establish the form in which the data must be submitted. 8. Information: In addition to other data required to be provided in this Agreement, the Professional shall submit the following minimum ADDENDUM NO. 1 TO PROFESSIONAL GOLF SERVICES AGREEMENT — PAGE 1 information to the City Treasurer and Council members Bonnie Bertram and Bill Robertson: (1) any and all information necessary to perform an audit, including payroll data; and (2) profit and loss information for all operations. The City Treasurer has authority to require additional data and to establish the form in which the data must be submitted. I. The Professional shall, at his expense, maintain such records as are directed by the City Treasurer so as to provide meaningful cost and revenue data on the major elements of his operations, including revenue and expense breakouts for each major element of his operation. This shall include at a minimum, cost - revenue data for the 1) practice range, 2) pro shop merchandising, including costs of goods, 3) Restaurant operations, 4) daily and seasonal passes and trail fees, and 5) cart and equipment rentals. K. The Information format and reporting cycle(s) shall be at the discretion of the City Treasurer who shall be authorized to establish such audit controls as the Professional deems appropriate including, but not limited to, such Information and documents as necessary to perform an audit. The City Treasurer and the Professional shall develop the format and timeframes and provide a copy of the formats and timeframes to the City Manager for review and approval prior to May 1st each year. The City may withhold payment to the Professional if the required Information is not provided as outlined in the approved timeframe. This shall require provision of individual payroll data for all employees as well as compensation to any individuals working as independent contractors. This data shall be deemed confidential in nature, with disclosure limited to the City Treasurer, the City Manager, Director of Golf and Parks Operations, the City Auditors, and Council members Bonnie Bertram and Bi11 Robertson. Public disclosure shall be exempt pursuant to Section 9-340 Idaho Code, unless otherwise agreed to by the Professional. I. Business financial information furnished to City by the Professional shall be confidential and protected from disclosure as allowed under I.C. § 9-340. The City shall maintain confidential information so that it is protected from public disclosure. Such information may be made available by City to the City Manager, City Treasurer, City Attorney, City Auditors, and Council members Bonnie Bertram and Bill Robertson. In the event of termination of this Agreement by either party, the most recent two years of financial data shall be provided by the Professional to the top five incoming candidates as identified by the City. If the Professional is unavailable, the City will release the summary information relating to sales and expenses. VII. MISCELLANEOUS: New paragraphs M and N are added and provide as follows: ADDENDUM NO. 1 TO PROFESSIONAL GOLF SERVICES AGREEMENT — PAGE 2 M. Council members Bonnie Bertram and Bi11 Robertson shall have access to information and data provided under this Agreement so long as each is a member of the McCall City Council and the Golf Management Team; N. The City Manager, City Treasurer, City Attorney, City Auditors, and Council members Bonnie Bertram and Bill Robertson, shall not disclose confidential information furnished by the Professional under this Agreement and shall not use any confidential information furnished by the Professional under this agreement for their pecuniary interest. The City and the Professional agree that the unamended portions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this ADDENDUM NO. 1 on the this _If_ day of Joni , 2004. ATTEST: ✓ /.4 rtitt+NA Allan Morrison CITY OF MCCALL Valley County, Idaho '///q (041- Robert Strope, City Manager Bonnie Bertram, City Councilmember Bill Robertson, City Councilmember ADDENDUM NO. 1 TO PROFESSIONAL GOLF SERVICES AGREEMENT — PAGE 3 ATTEST: .Tina A C-lark, Deputy City Clerk - rle 1 K G'Uer1 �v� STATE OF IDAHO ) : ss County of Valley ) On this % day of Ci r ri. I , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Allan Morrison, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that the Professional executed the same. * OF iv' �•� STATE OF IDAHdl"j" elell : ss County of IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official day and year in thileGciaatifi44e first above written. ..•`e i K. O j;''•.. ,nti .44 • A •_ �a Ost seal the f/Lit,f)lrIL001 NOTARY PUBLIC FOR IDAHO Residing at fl le. CI( L (� My Commission Expires: (( Z( -c ,f On this day of ,ke , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Strope City Manager of the City of McCall, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that the Mayor executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year,S�� • B l ate first above written. `�g0 ••'fb # AUB OC •,j '•.,91,'�•.....�''�,,t,0,,.•. •,+.. ....... .IU��••• ADDENDUM NO. 1 TO PROFESSIONAL GOLF SERVICES AGREEMENT - PAGE 4 NOTARY P Residing at ��, My Commi sion Expires: II/ S)j.ma5 STATE OF IDAHO ) : ss County of Valley ) On this day of -ri l , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared BonnieBertram, City Councilmember for the City of McCall, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that the Professional executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the ttttttot4,first above written. OD h .,�,yT8O CNN STATE OF IDAHO ) : ss County of Valley ) �; v K vrvi NOTARY PUBLIC FOR IDAHO Residing at ITC 06 My Commission Expires: / l - Z ( -0 g. On this q day of In I , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Bill Robertson, City Councilmember for the City of McCall, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that the Mayor executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _00else e,etK•O` y. .•'••�4~ �p'•. • c, �OTA�y .y• as olo • w tia ,•••••• �OF� N: NOTARY PUBLIC FOR IDAHO Residing at VYIe (2J I, .Z My Commission Expires: i I -Z i -o e ADDENDUM NO. 1 TO PROFESSIONAL GOLF SERVICES AGREEMENT - PAGE 5