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HomeMy WebLinkAboutRINA HAUPTFELD - CONTRACT - AGREEMENT MISC - RINA HAUPTFELDOfficial Purchasing Document Last updated 10/27/2021 Services Agreement OCF Strategy Consultant – Rina Hauptfeld Page 1 of 6 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 RINA HAUPTFELD, 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) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon the date the last signature is made below and shall continue in full force and effect until December 15, 2022, unless sooner terminated as herein provided. The Service Provider must complete all work and meet all deadlines set forth in Exhibit A before the contract period ends. 3. Conduct of Activities. a. No person with responsibilities in the provision of the services or the operation of any program referred to in this Agreement will unlawfully discriminate with respect to any program participant on the basis of race, color, national origin, age, sex, religion, handicap, political affiliation or beliefs. b. No services provided under this Agreement shall involve political or religious activities and no funds made available under this Agreement shall be used for lobbying or proselytizing activities. c. No person with responsibilities in the provision of the services or the operation of any program referred to in this Agreement will use his or her position for his or her own private gain or for the gain of any person with whom he or she has a relationship by blood or marriage or a close business, political or personal association. d. Recipient shall manage and conduct all activities under this Agreement in a fair, professional and competent manner in compliance with all applicable federal, state and local laws and other legal requirements. 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 ten (10) 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 immediately when emailed or three business days from the date of the notice when mailed to the following addresses: DocuSign Envelope ID: 76A2EFDC-E370-420E-BAC1-EFB6AE26D4C1 Official Purchasing Document Last updated 10/27/2021 Services Agreement OCF Strategy Consultant – Rina Hauptfeld Page 2 of 6 Service Provider: City: Copy to: Spanish Language Programming Attn: Rina Hauptfeld 110 W Suniga Rd. Fort Collins, CO 80524 Rina.hauptfeld@colostate.ed u City of Fort Collins Attn: Adelle McDaniel PO Box 580 Fort Collins, CO 80522 Amcdaniel@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, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Compensation/Invoices. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, a total of no more than six hundred dollars ($600), paid at the rate of twenty-five dollars ($25) per hour based on invoices submitted. The Service Provider will submit two invoices to the City—one for 50% at the time of award and the balance at the conclusion of the project. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on 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 DocuSign Envelope ID: 76A2EFDC-E370-420E-BAC1-EFB6AE26D4C1 Official Purchasing Document Last updated 10/27/2021 Services Agreement OCF Strategy Consultant – Rina Hauptfeld Page 3 of 6 for any other purpose. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work. 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. 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 themselves 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. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction 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. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 15. Indemnity. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with DocuSign Envelope ID: 76A2EFDC-E370-420E-BAC1-EFB6AE26D4C1 Official Purchasing Document Last updated 10/27/2021 Services Agreement OCF Strategy Consultant – Rina Hauptfeld Page 4 of 6 the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. 17. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 18. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 19. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. [Signature Page Follows] DocuSign Envelope ID: 76A2EFDC-E370-420E-BAC1-EFB6AE26D4C1 Official Purchasing Document Last updated 10/27/2021 Services Agreement OCF Strategy Consultant – Rina Hauptfeld Page 5 of 6 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: RINA HAUPTFELD By: Printed: Title: Date: DocuSign Envelope ID: 76A2EFDC-E370-420E-BAC1-EFB6AE26D4C1 Rina Hauptfeld Service Provider, Spanish Language Programming 9/19/2022 9/19/2022 Official Purchasing Document Last updated 10/27/2021 Services Agreement OCF Strategy Consultant – Rina Hauptfeld Page 6 of 6 EXHIBIT A SCOPE OF SERVICES Objective: Our Climate Future (OCF) is a comprehensive plan to simultaneously address climate, energy and waste goals while improving our community’s environmental equity and resilience. OCF articulates an unwavering commitment to mitigating and adapting to climate change with people-first systems approach. OCF implementation intensifies our community efforts to achieve these goals:  Reduce 2030 greenhouse gas emissions by 80% below 2005 baseline levels;  Provide 100% renewable electricity by 2030 with grid and local sources; and  Achieve zero waste, or 100% landfill diversion, by 2030. To meet these goals, Our Climate Future is developing a strategic, tactical, and systemic approach towards the implementation of Next Moves projects within the City of Fort Collins. Next Moves are defined as specific strategies and tactics that lead to transformational outcomes of the Big Moves. The Next Moves are evaluated for their impact on goals, benefits and costs, and potential results for improving equity. To do this well, it is vital to solicit community collaboration and consultation to ensure our goals and objectives remain in alignment with our communities’ purpose and values. Community service providers will offer recommendations to direct the Next Moves Project Team within the City of Fort Collins towards an equitable governance model. This year, the Natural Areas Department (NAD) is piloting community programming in Spanish. Community programs consist of free activities, classes, and special events for community members. Most are listed in the 50-page Natural Areas Explorer booklet published annually or at fcgov.com/register. So far, NAD has offered one Spanish program in the Spring and has scheduled two more for Summer 2022. NAD is seeking feedback on the program offerings, including topics, logistics (locations, times, dates), and feedback on the best way to reach the community through marketing channels. This could include several meetings, participation in both Spanish and English programming (some weekends and evenings), and potential program co-creation. Services: The service provider will attend and offer consultation in Spanish Programming Feedback Next Moves Project Meetings for 20-40 hours from the start of the signed contract until the end of the contract and submission of final invoice on December 15, 2022. Products and Deliverables: 1.) The service provider will attend biweekly meetings with the project managers on progress of the project. The service provider will provide equitable and technical consultation and recommendations at meetings to the Project team to ensure the direction of the project continues to align with City of Fort Collins’ principle of emphasizing racial justice and equitable access for other underserved social identities. 2.) The service provider will attend at least three (3) Natural Areas community programs. 3.) The service provider will prepare and deliver a written summary of reflections as well as specific recommendations, materials, and resources based on observations throughout their consultancy in the Next Moves Project Team to augment equitable climate action for Our Climate Future, 1-10 pages in total. DocuSign Envelope ID: 76A2EFDC-E370-420E-BAC1-EFB6AE26D4C1