HomeMy WebLinkAboutJESSICA RESNIK - CONTRACT - CONTRACT - CO MANAGING LIVESTOCK GRAZINGPROFESSIONAL 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 Jessica Resnik, hereinafter referred to as "Professional'.
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 Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated
herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall
be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of
one (1) page, and incorporated herein by this reference.
3. 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. Services shall be completed no later than December 31, 2007. Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in writing by the parties
hereto.
4. Early Termination by City. 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 Professional. 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:
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Professional: City: With Copy to:
Jessica Resnik City of Fort Collins, Natural Resources City of Fort Collins, Purchasing
3531 Kingston Circle Attn: Daylan Figgs PO Box 580
Fort Collins, CO 80525 281 N. College Ave. For Collins, CO 80522
(970) 219-6289 Fort Collins, CO 80524
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole right
and remedy for such termination.
5. Design. Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold
harmless the City, its officers and employees in accordance with Colorado law, from all damages
whatsoever claimed by third parties against the City; and for the City's costs and reasonable
attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of
the services furnished under this Agreement. The PFG1bG6ienaI shall maintaiR
the aFnBUAt Of $500,000 GGFRbined single limits, and eFFeFs and emissions
6. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional a fixed fee in the amount of Five Thousand Three
Hundred Fifty Dollars ($5,350), in accordance with the Work Schedule deliverables attached hereto
as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. Monthly partial
payments based upon the Professional's billings and itemized statements are permissible. The
amounts of all such partial payments shall be based upon the Professional's City -verified progress in
completing the services to be performed pursuant hereto and upon the City's approval of the
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Professional's actual reimbursable expenses. Final payment shall be made following acceptance of
the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and
other services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
9. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunder for the payment of
FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
10. Personal Services. It is understood that the City enters into this Agreement based on
the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal service's. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
11. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. 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.
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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.
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 parry'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. 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.
16. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said work.
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
.employment verification program created in Public Law 208, 104th
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Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the "Basic Pilot Program") in order to verify that
Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre employment screening of job applicants while this Agreement is
being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
Notify such subcontractor and the City within three days that Contractor
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
Contractor 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.
F. Contractor 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.
G. if Contractor 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, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such
breach.
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17. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) page,
attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By: �1 �&Qi -
rJafnes B. O'Neill II, CPPO, FNIGP
Direct f Purchasing & Risk Management
DATE: Z aLo z
Jessica Resnik
By:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: ?//%7-
ATTEST:
(Corporate Seal)
Corporate Secretary
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Exhibit "A"
Project: Co -Managing Livestock Grazing and Recreation on Soapstone Prairie Natural
Area: An Analysis of Potential Challenges and Management Approaches
Contractor: Jessica Resnik
Scope of the Project:
Design project to help identify potential points of conflict and identify possible
solutions between grazing and recreation user groups in near -urban settings.
Previous research has not specifically addressed grazing and recreation co -uses in
this context.
Informant interviews will be conducted with land managers from other open space
areas where recreation and grazing interact in near -urban settings. These interviews
will include, but are not limited to, the key informants listed below. Further contacts
that surface during these interviews may also be interviewed.
Kathleen Brennan -Hunter, Conservation Program Manager, Sonoma County
Agricultural Preservation & Open Space District, San Francisco Bay Area Open
Space Council, California
Park Manager, Grand Escalante Staircase National Monument, BLM Field
Office, Utah
Charlie Gindler, Eagle's Nest Open Space Manager, Larimer County, Colorado
Luke Stromquist, Agricultural Resource Manager, Boulder County, Colorado
C.J. Mucklow, CSU Cooperative Extension, Routt County Director and
Agriculture Agent, Colorado
• Conduct interviews with 3 local recreation users of open space or natural area
properties
• Conduct interviews with 3 local ranchers that utilize public lands for grazing.
A combined open- and closed- question format will be used for the Folsom Grazing
Association survey. General guidelines provided by the National Academic Advising
Association will be followed including providing a survey title, short description of the
purpose and proposed use of the survey, opening instructions for the person taking
the survey including deadline date, optional separate instructions for each survey
page, and a closing statement. More detailed guidelines, including question phrasing,
order, and layout will follow guidelines developed by Converse and Presser (1986)
and Vaske (2006).
• Surveys will be compiled and entered into a database. Answers to close -ended
questions will be summarized quantitatively and answers to open-ended questions
will be summarized qualitatively
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Exhibit "B"
Work Schedule
Work Schedule with deliverables required for payment:
• Provide survey questions, and a list of potential contacts for completing surveys
(February 15, 2007; 50% or $2,675)
• Submit Draft Report to City of Fort Collins Natural Areas Program Manager by July 15,
2007 (40% or $2,140)
• Provide Final Report by November 15, 2007 (10% $535) including:
o Final Report
o Literature review pertaining to working landscapes, recreation management and
grazing/recreation conflict
o Synthesis of suggestions and experiences from other open space areas where
recreation and grazing interact in near -urban settings.
o Summaries of each interview
o Acceptability by current grazing lessee of potential educational and collaborative
opportunities between recreation and grazing users.
o Key points, concepts, and themes emerging from the research
o Interview guide for land manager interviews
o Interview guide for recreation user interviews
o Interview transcripts (for in -person interviews)
o Mail survey to members of grazing association with current lease
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Nro Sci #5249023 p•2
EXHIBIT C
AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103
I, 3Esr-ic44 A&sA P K swear or affirm under penalty of perjury under the laws of the
StateofColorado that (check one);
✓ I am a United States citizen, or
I am a Permanent Resident of the United States, or
i am lawfully present in the United States pursuant to Federal law.
understand that this sworn statement is required by law because 1 have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affldavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
Si ature
ry OF
Date
INTERNAL USE ONLY Valid forms of identification
1---current Colorado driver's license, minor driver's license, probationary driver's license, commercial driver's
license, restricted driver's license, instruction permit
y--current Colorado identification card
1—U.S. military card or dependent identification card
T--U.S. coast guard merchant mariner card
?—Native American tribal document
The following forms of identification may be accepted through February 28, 2007*
f --original birth certificate from any state of the United States
T--certificate verifying'naturalized status by U.S. with photo and raised seat
I ---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
T--order of adoption by a U.S. court with seal of certification
4--valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL, MD, MI, NE,
NM, NC, OR, TN, TX, UT, VT and WI
T—valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current I-
551 stamp or visa, current foreign passport with I-94, 1-94 with asylum status, unexpired Resident Alien card,
Permanent Resident card or Employment Authorization card
'A waiver may be available where no identification exists or can be obtained due to a medical condition,
homelessness, or insufficient documentation to receive a Colorado I.D. or driver's license. Contact your
department director.
Professional Services Agreement —January, 2005 9