Contract Request Template (Contracts; IGAs; Leases)
Date Submitted: 2-11-21
Requesting Agency: Arts and Venues
Division:
Subject Matter Expert Name:
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Name: Ginger White, Frank Delmonte |
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Email: Ginger.White@denvergov.org; Frank.Delmonte@denvergov.org |
Item Title & Description:
(Do not delete the following instructions)
These appear on the Council meeting agenda. Initially, the requesting agency will enter a 2-3 sentence description. Upon bill filling, the City Attorney’s Office should enter the title above the description (the title should be in bold font).
Both the title and description must be entered between the red “title” and “body” below. Do not at any time delete the red “title” or “body” markers from this template.
title
A resolution approving a proposed Third Amendatory Agreement between the City and County of Denver and SMG to address COVID-19 impacts on contractor's performance, force majeure, costs prior to resumption of pre-pandemic activity levels, and financial compensation for 2020 and 2021.
Amends a contract with SMG by adding language addressing impacts on contractor’s performance due to the COVID-19 pandemic, controlling costs until normal activity levels resume, memorializing the parties’ mutual agreement not to terminate the contract due to the COVID-19 pandemic, adding city contractor minimum wage ordinance requirements and modifying minimum, guaranteed, incentive and other negotiated fees, payments and credits for facility management services at the Colorado Conventions Center (CCC). No change to contract amount or duration (CE93003). The last regularly scheduled Council meeting within the 30-day review period is on 3-30-21. The Committee approved filing this item at its meeting on 2-24-21.
body
Affected Council District(s) or citywide? Council District 9
Contract Control Number: CE93003
Vendor/Contractor Name (including any “DBA”): SMG
Type and Scope of services to be performed:
SMG was contracted in 2008 to perform facility management services at the CCC, including but not limited to booking, facility maintenance, customer relations and service, advertising, invoicing, approved facility improvements and coordinating with the city and other city representatives. Due to the COVID-19 pandemic and State and local public health orders, neither the agency nor Contractor were able to engage in normal activity during 2020, nor will they be able to do so for part of 2021. This amendment seeks to amend the management contract by modifying certain requirements and guaranteed and other negotiated payments for the 2020 and 2021 calendar years. SMG has agreed to waive its right to incentive compensation for 2020 and 2021 incentives have been modified to reflect on-going conditions. The amendment additionally controls costs until normal conditions resume; clarifies existing force majeure language to ensure Contractor shall not seek to terminate the contract due to Covid-19 impacts, and adds a requirement that contractor pay the city minimum wage for work performed.
See attached summary.
Location (if applicable):
WBE/MBE/DBE goals that were applied, if applicable (construction, design, Airport concession contracts):
Are WBE/MBE/DBE goals met (if applicable)?
Is the contract new/a renewal/extension or amendment?
Was this contractor selected by competitive process or sole source?
For New contracts
Term of initial contract:
Options for Renewal:
How many renewals (i.e. up to 2 renewals)?
Term of any renewals (i.e. 1 year each):
Cost of initial contract term:
Cost of any renewals:
Total contract value council is approving if all renewals exercised:
For Amendments/Renewals Extensions:
Is this a change to cost/pricing; length of term; terms unrelated to time or price (List all that apply)?
If length changing
What was the length of the term of the original contract?
What is the length of the extension/renewal?
What is the revised total term of the contract?
If cost changing
What was the original value of the entire contract prior to this proposed change?
What is the value of the proposed change?
What is the new/revised total value including change?
If terms changing
Describe the change and the reason for it (i.e. compliance with state law, different way of doing business etc.)