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Services Agreement
SS 2018 – Nature in the City Biodiversity Project Page 1 of 8
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and the BOARD OF GOVERNORS OF THE COLORADO STATE
UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY, an
institution of higher education of the State of Colorado hereinafter referred to as "Service
Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with the
scope of services attached hereto as Exhibit A, consisting of two (2) page(s) and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider shall be solely responsible for performance of all
duties hereunder.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within five (5) days following execution of this
Agreement by all parties. Services shall be completed no later than December 31, 2019.
Time is of the essence. Any extensions of the time limit set forth above must be agreed
upon in a writing signed by the parties.
3. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within fifteen (15) days from the onset of
such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed,
postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
Colorado State University
Sponsored Programs
Attn: Carmen Morales
2002 Campus Delivery
Fort Collins, CO 80523-2002
City of Fort Collins
Attn: Justin Scharton
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
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Official Purchasing Document
Last updated 10/2017
Services Agreement
SS 2018 – Nature in the City Biodiversity Project Page 2 of 8
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination including non-cancelable obligations for the term of this
Agreement., subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right
and remedy for such termination.
5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract,
subject to additions and deletions provided herein, Fifty-five Thousand Three Hundred
Twelve Dollars ($55,312) as per the attached Exhibit "B", consisting of one page, and
incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are those
of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or
for any other purpose.
8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service
Provider.
9. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
DocuSign Envelope ID: C724B753-1C04-4D12-B886-D05FB21C7489
Official Purchasing Document
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Services Agreement
SS 2018 – Nature in the City Biodiversity Project Page 3 of 8
11. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature performed by an institution of higher education.
b. Service Provider warrants it will provide services in accordance with the scope of
services attached hereto as Exhibit A.
12. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
13. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail himself of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
15. Limitation of Liability and Insurance.
a. Each party hereto agrees to be responsible to the fullest extent allowed by law for its
own wrongful or negligent acts or omissions, or those of its officers, agents, or
employees. It is expressly understood and agreed that nothing contained in this
Agreement shall be construed as an express or implied waiver by either Party of the
protections and limitations of liability set forth in the Colorado Governmental Immunity
Act, C.R.S. §§ 24-10-101, et seq., or as otherwise provided by law. Each Party
represents and warrants that it maintains comprehensive general liability insurance and
all coverages required by law sufficient for the purpose of carrying out the duties and
obligations arising under this Agreement. Service Provider will furnish the City a
certificate evidencing such insurance upon written request.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
17. Law/Severability. The laws of the State of Colorado shall govern the construction
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Official Purchasing Document
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SS 2018 – Nature in the City Biodiversity Project Page 4 of 8
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider will confirm the employment eligibility of all newly hired employees
to perform work under this Agreement through a process consistent with the
requirements of Colorado law.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing
or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the “Department”) made in the course of an investigation that
the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
DocuSign Envelope ID: C724B753-1C04-4D12-B886-D05FB21C7489
Official Purchasing Document
Last updated 10/2017
Services Agreement
SS 2018 – Nature in the City Biodiversity Project Page 5 of 8
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
COLORADO STATE UNIVERSITY
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
DocuSign Envelope ID: C724B753-1C04-4D12-B886-D05FB21C7489
7/25/2018
Carmen Morales
Senior Research Administrator
Senior Assistant City Attorney
7/26/2018
City Clerk
Official Purchasing Document
Last updated 10/2017
Services Agreement
SS 2018 – Nature in the City Biodiversity Project Page 6 of 8
EXHIBIT A
SCOPE OF SERVICES
Title of Project:
Nature in the City Biodiversity Project
Project Staff:
Dr. Liba Pejchar, Associate Professor, Colorado State University (CSU)
Dr. Sarah Reed, Faculty Affiliate (CSU) and Director of Applied Conservation Science
(WCS)
Ms. Jessica Sushinsky, GIS Analyst (WCS)
Mr. Miguel (“Mikko”) Jimenez, Graduate Research Associate (CSU)
Department of Fish, Wildlife and Conservation Biology
1474 Campus Delivery
Fort Collins, CO 80523-1474
The Research Administrators assigned to this project are:
Carmen Morales Liz Grinstead
Senior Research Administrator Research Administrator
Sponsored Programs, CSU Sponsored Programs, CSU
Fort Collins CO 80523-2002 Fort Collins CO 80523-2002
(970) 491-6684 (970) 491-1552
carmen.morales@colostate.edu liz.grinstead@colostate.edu
Scope of Work:
The City of Fort Collins launched the Nature in the City (NIC) initiative in January 2014 with a
100-year vision to provide “a connected open space network accessible to the entire community
that provides a variety of experiences and functional habitat for people, plants, and wildlife.” To
support this vision, Colorado State University (CSU) and the Wildlife Conservation Society
(WCS) collaborated with the City of Fort Collins on the first citywide assessment of biodiversity
across public and private open space in 2014. Results of this assessment informed
development of the NIC Strategic Plan, which was adopted unanimously by the City Council in
March 2015. In May 2015, we launched a successful citizen science program—the NIC
Biodiversity Project—to engage community members in monitoring birds and butterflies in
subsequent years. Surveys of citizen volunteers indicate that participants greatly improved their
knowledge of bird and butterfly ecology, felt more connected to nature and became more
familiar with Fort Collins open space areas, and reported an increased interest in getting
involved in the NIC initiative and volunteering for the NIC Biodiversity Project in future years.
Using our unique combination of skills, experience, and best-practices expertise, Dr. Liba
Pejchar (CSU), Dr. Sarah Reed (WCS), Ms. Jessica Sushinsky (WCS) and Mr. Mikko Jimenez
(CSU) will continue to support the NIC Biodiversity Project and expand our collaboration with
the City in 2018. Specifically, we will contribute to the following ongoing tasks of the project:
Co-coordinate the NIC Biodiversity Project in 2018, including recruiting volunteers,
developing training materials, organizing volunteer training sessions and end-of-season
celebrations, coordinating volunteer monitoring visits, managing field equipment and
data, and supervising CSU interns and research technicians;
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Update the project database to include data collected in 2017 and 2018, and analyze
the collected data to revise occupancy models and connectivity models to include data
collected in 2017 and 2018;
When new analyses are completed, provide occupancy and connectivity model data to
NIC and the GIS Department—including a user’s guide describing the modeling process
and resulting datasets, and explaining how the data could be used—to ensure data can
be incorporated into products usable by City; and
Attend project team meetings and provide technical assistance as needed.
In addition, we will expand our collaboration with the City to include the following new tasks:
Repeat a full survey of birds, butterflies, and co-variates by trained research technicians
at all ~166 sampling points in natural open spaces distributed throughout Fort Collins to
allow a quantitative comparison of data collected by citizen scientists and trained
technicians, and to provide more data to strengthen connectivity and occupancy models;
Make statistical comparisons of the quantity and quality of monitoring data collected by
trained research technicians versus citizen volunteers, to inform the design of future
monitoring efforts;
Analyze the pre- and post-program volunteer survey data to understand the
demographic characteristics of volunteers, evaluate the effectiveness of the citizen-
science training and monitoring activities, and assess participant motivations and
intentions to engage in conservation actions;
Assess the effectiveness of the Certified Natural Area (CNA) program and NIC
community projects for increasing native plant cover and vegetation structure and
enhancing habitats for urban-sensitive birds and butterflies. This includes technician
surveys of birds, butterflies and plants at a subset of CNA sites and baseline surveys at
2018 NIC community project sites. Deliverables will include a quantitative assessment of
the CNA program, and the collection of baseline data to conduct similar analyses of the
NIC community project sites in the future; and
Communicate the NIC Biodiversity Project’s outcomes to the conservation science and
land-use planning communities in peer-reviewed scientific publications (e.g., Landscape
and Urban Planning) and conference presentations (e.g., North American Congress for
Conservation Biology), and in presentations and reports to the City of Fort Collins.
DocuSign Envelope ID: C724B753-1C04-4D12-B886-D05FB21C7489
Official Purchasing Document
Last updated 10/2017
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EXHIBIT B
COST SCHEDULE & COMPENSATION
Expense Amount
Staff
Co-PI Pejchar (salary + benefits) $11,050
GRA Jimenez (stipend + tuition) $20,793
Travel
Travel to field sites (4-8,000 mi per year) $2,140
Sub-Award to WCS
Co-PI Reed (salary + benefits) $10,707
GIS Analyst Sushinsky (salary + benefits) $4,112
Indirect costs (10% of sub-award) $1,482
Total Direct Costs $50,284
Indirect costs (10% of total direct costs) $5,028
Total Costs $55,312
CSU and WCS have contributed and will contribute time and resources to the project, but formal cost
share is not required by the City.
DocuSign Envelope ID: C724B753-1C04-4D12-B886-D05FB21C7489