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HomeMy WebLinkAboutCOLORADO STATE UNIVERSITY ACCESS CENTER - CONTRACT - AGREEMENT MISC - COLORADO STATE UNIVERSITY ACCESS CENTEROfficial Purchasing Document Last updated 10/2017 Services Agreement SS 2021 – Digital Access & Equity 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". This AGREEMENT replaces and supersedes the Agreement between the parties signed April 29, 2021 and executed by Mr. Herman Shelton on behalf of the 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) pages and incorporated herein by this reference. 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 May 31, 2021. 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 five (5) 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: DocuSign Envelope ID: 409272E6-5592-443F-A02C-8DDF66A1DAFB Official Purchasing Document Last updated 10/2017 Services Agreement SS 2021 – Digital Access & Equity Page 2 of 8 Service Provider: City: Copy to: Colorado State University Access Center Attn: Lisa Anaya Senior Research Admin. CSU Sponsored Programs 2002 Campus Delivery Fort Collins, CO 80523-2002 Lisa.anaya@colostate.edu City of Fort Collins Attn: Nina Bodenhamer PO Box 580 Fort Collins, CO 80522 nbodenhamer@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 Purchasing@fcgov.com 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, a firm-fixed price of four thousand two hundred dollars ($4,200.00). The Service Provider shall submit a single invoice upon successful completion of the work. The City shall pay the Service Provider, subject to acceptance of the work Net 30 days from the date of the invoice. 6. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 7. 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. 8. 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. 9. 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, DocuSign Envelope ID: 409272E6-5592-443F-A02C-8DDF66A1DAFB Official Purchasing Document Last updated 10/2017 Services Agreement SS 2021 – Digital Access & Equity Page 3 of 8 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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) termin ate 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. 15. 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. DocuSign Envelope ID: 409272E6-5592-443F-A02C-8DDF66A1DAFB Official Purchasing Document Last updated 10/2017 Services Agreement SS 2021 – Digital Access & Equity Page 4 of 8 16. 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. 17. 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. 18. Law/Severability. The laws of the State of Colorado shall govern the construction 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. 19. Public Contracts for Services. The Service Provider verifies, warrants, and agrees that it is aware of, and shall comply with, C.R.S. Sec. 8-17.6-101 and -102 in its employment, contracting and subcontracting practices with respect to performing work under this Agreement. In the event the Service Provider fails to comply with any requirements of C.R.S. Sec. 8-17.6-101 and -102, the City may terminate this Agreement for breach and, if so terminated, the Service Provider shall be liable for actual and consequential damages. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit B - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Signature Page Follows DocuSign Envelope ID: 409272E6-5592-443F-A02C-8DDF66A1DAFB Official Purchasing Document Last updated 10/2017 Services Agreement SS 2021 – Digital Access & Equity Page 5 of 8 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: COLORADO STATE UNIVERSITY By: Lisa Anaya, Senior Research Administrator, CSU Sponsored Programs Date: DocuSign Envelope ID: 409272E6-5592-443F-A02C-8DDF66A1DAFB 6/2/2021 6/2/2021 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2021 – Digital Access & Equity Page 6 of 8 EXHIBIT A SCOPE OF SERVICES BACKGROUND CSU Access Center at Colorado State University provides educational access to underrepresented populations (first generation, low -income, ethnically and racially diverse and non -traditionally aged) through quality services and programs. Students of the A ccess Center possess a lived -experience and unique skill set to carry Digital Access and Equity user -engagement which will include a targeted, defined participant pool of 68 residential units at Coachlight Plaza, 1550 Blue Spruce Drive, Fort Collins, CO. Owned and operated by Neighbor to Neighbor, the income eligibility for residents is approximately 30% of Area Median Income (AMI). Engagement efforts will be supported and facilitated by Stephanie Ally, Resident Services Manager, Neighbor to Neighbor. CSU POINTS OF CONTACT Lisa Anaya Senior Research Administrator, CSU Sponsored Programs 2002 Campus Delivery Fort Collins, CO 80523 -8200 OUTPUTS • In-person engagement, relationship building and data collection via door-to-door survey on Internet use behaviors at test site. o Contract/supervise additional culturally-competent, Spanish-speaking CSU student to complete surveys. o Data collection will be conducted in compliance with County’s health protocols (i.e., social distancing, doorstep conversations, etc.). • Provide suggestions to enhance the linguistic and cultural relevance of Connexion materials, enrollment and Digital Access & Equity program. • Onsite, anecdotal engagement of Neighbor to Neighbor residents will cull but not be limited to: o General Household demographics o Internet users within household o Types of usage o Frequency/data use o Hardware inventory o Challenges/difficulties with tech use in households o Existing providers and provide guidance on how to break current contracts (Comcast, Century Link, Lifeline) o Determine the households’ decisionmakers o Zoom meeting with Resident Committee • Ongoing conversations with residents will include: o Barriers to subscription, satisfaction with internet service. o Gather/facilitate resident feedback to the Code for America online application prototype. o Recommend value and purpose for further outreach efforts; Explore partnership with PSD school liaisons to expand outreach. DocuSign Envelope ID: 409272E6-5592-443F-A02C-8DDF66A1DAFB Official Purchasing Document Last updated 10/2017 Services Agreement SS 2021 – Digital Access & Equity Page 7 of 8 DELIVERABLES & TIMELINE • Summary report of findings with recommendations based upon conversations with residents and survey findings. • Summary report summarizing and capturing residents’ key issues for the city. • Detailed spreadsheet tracking resident contacts and engagement. • April 2021: Update of key issues; Follow up visits and conversations with Neighbor to Neighbor residents about Digital Access & Equity, technology utilization and Connexion service. • May 2021: Summary Analysis and Report. DocuSign Envelope ID: 409272E6-5592-443F-A02C-8DDF66A1DAFB Official Purchasing Document Last updated 10/2017 Services Agreement SS 2021 – Digital Access & Equity Page 8 of 8 EXHIBIT B CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 409272E6-5592-443F-A02C-8DDF66A1DAFB