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HomeMy WebLinkAboutKATHY KREGAL KREGEL - CONTRACT - CONTRACT - BIO SCIENCE CLUSTER LEADERSHIPPROFESSIONAL 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 Kathy Kregel an individual doing business as Kathy Kregel & Associates, 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 "A", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until December 31, 2007, unless sooner terminated as herein provided. 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: Professional: City: With Copy to: Kathy Kregel & Associates City of Fort Collins City of Fort Collins, Purchasing Attn: Kathy Kregel Attn: Mike Freeman PO Box 580 3112 Taliesin Way 300 W LaPorte Ave, City Hall West Fort Collins, CO 80522 Fort Collins, CO 80524 Fort Collins, CO 80521 Standard Professional Services Agreement- rev08/22106 No Text 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 performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $ N/A. 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 Thirty Thousand Dollars ($30,000). 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 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. Standard Professional Services Agreement- rev08122/06 2 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 services. 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. 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. Standard Professional Services Agreement- rev08/22/06 3 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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. 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 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 Standard Professional Services Agreement- revOB/22/06 4 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: 1. 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. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. Standard Professional Services Agreement- rev08/22/06 THE CITY OF FORT COLLINS, COLORADO By: . n/ J m s B. O'Neill II, CPPO, FNIGP Director urchasing & Risk Management DATE: ! It 74of Kathy Kregel dba Kathy Kregel & Associates Title: Date: lZ/:2 AO 7 Standard Professional Services Agreement- rev08/22/06 EXHIBIT A BIOSCIENCE CLUSTER LEADERSHIP SCOPE OF WORK for 2007 I. Provide leadership and convene the Larimer County Bioscience Initiative on a monthly basis. II. Implement and Update the Larimer County Bioscience Strategic Plan: A. February 2007 — Report on the progress of the Strategic Plan as of 12/31/06 to stakeholders, including the Fort Collins City Council, the Northern Colorado Economic Development Corporation (NCEDC) and the Fort Collins Chamber (Chamber) Boards. B. March — Prepare a survey instrument for interviewing bioscience companies, with input from Bioscience Initiative members. C. April through June — Conduct 15 bioscience company interviews using the survey tool (approximately 50 percent of existing companies). D. July — Tabulate survey results and report findings to Bioscience Initiative. E. August through September — Meet with Bioscience Initiative members to discuss possible new Action Items suggested by the survey findings (for Strategies 1, 2, and 3). Also revise the economic development component of the plan (Strategy 4) in conjunction with the NCEDC, City of Fort Collins (City), and Chamber. F. October through November — Prepare the updated 2008 Strategic Plan. G. December — Prepare report on Strategic Plan progress in 2007. Roll out the 2008 revised Plan. III. Accelerate the development of a bioscience community in Larimer County. A. Consult with the Colorado Bioscience Association (CBSA) regarding six educational, technical and networking programs in Larimer County. B. Consult with CBSA regarding the establishment of a new program that will strategically match Colorado State University (CSU) life science research groups with Colorado companies that are developing or producing products in the relevant areas of the research groups. Help to coordinate two such events. C. Consult with CBSA on legislative initiatives throughout the year. Advise City (via Mike Freeman) on key bioscience legislative issues. D. Assist City, Chamber, and NCEDC with recruitment and retention of bioscience companies. E. Create a database of Larimer County bioscience companies and other stakeholders. F. Serve as a referral source to link local bioscience companies with relevant resources. G. Consult with the City in the development of a bioscience component of the municipal web site. H. Orchestrate Larimer County bioscience coverage in CBSA's annual magazine and periodic newsletters. Standard Professional Services Agreement- rev08/22/06 7 EXHIBIT B AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103 swear or affirm under penalty of perjury under the laws of the State of , olora o 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. 1 understand that this sworn statement is required by law because I 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 affidavit 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. 1 7- Signature Date INTERNAL USE ONLY Valid forms of identification --current Colorado driver's license, minor driver's license, probationary driver's license, commercial driver's license, restricted driver's license, instruction permit ---current Colorado identification card --U.S. military card or dependent identification card --U.S. coast guard merchant mariner card --Native American tribal document The following forms of identification may be accepted through February 28, 2007" --original birth certificate from any state of the United States ---certificate verifying naturalized status by U.S. with photo and raised seal ---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport ---order of adoption by a U.S. court with seal of certification ---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 ---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current I- 551 stamp or visa, current foreign passport with 1-94, 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. Standard Professional Services Agreement- rev08/22/06 8 Commercial Certificate of Insurance FARM E R 5 Agency Gary Cam Agemy Name woo Driftwood Ilk Irate Date 04M/DD/Yi) 01/1 l/2007 & Port Collins, CO 90525 _ Address' This certificate is Issued as a utter of hilonhaation only and conks no rob upon the certificate holder; lUszettiftate does not amend. extend or after the St 07, Dirt. 08 _ Agssu 327 mverage *%t*d'by dre policies slum below. Commies Providing Covet age tnsumd company A Trvck insurance each nF . 166y Ktegei dba Kathy Ravel & A, slit UAW Name . 3112 `t`aliesht Way LQowpsn9 B Farmers Insurance Exchange mer & • Pon Collins, CO W524 camp" C Mid -Century Insurance Company Address t Tith It to that the poddes of insurance listed below have been mired to the insured rained above for the policy period Indicated Notwithstanding t ug treat gr e6ttditiortof stay contract or othar document with nespea to wMelithiscutfficate maybe hwed or may pertain, the htwav" by the pohtdes docrftcd hereto is a gect to all the terms. exrlustons and conditions of such polies. limits shown may have been reduced by paid tea.. Ur.Type of hisurance Policy Number 1 fataVonrtq R Policy Limits B tr'eisera rimy General Aggregate I f 1,000,000 X Commercial General 60299 37 85 01/10/2007 01/10/2008 Produets-Comp(OPS Aggregate i f 500,000 i ParsmA & X - Ckcar"Me Version Injury $ 50E},000 C,antcarOial - Incidental Hoch OUNmence f 500 OM duly Fire Damage (Mayor itel f Oman At Contractors s Prot. ftempit) f 5+000 MOMW liAdsiBty Cad Singtc �.. M Owned Commercial Limit f SitdvdedAutos Bodily o' f I�ned Attosdihpinjury ( dw f 1ltsrt-flsttseti Autos i CAW Liability Property Damage f Garap Aggregate f UmbMa ll Limit $ Wars`' on Statutory am Each Accident f Ems, y Disease - Each Empioyee Disease - Pokey Limit f f i.,, Iiption of per` UortyVefltdes/RestdctlorLvSpecial items: MAnAgOnent Copsultstrit cwamal1w . City of.Fort Collins Should any of the above de cdW policies be cancelled before the expiration elate Name . Aum Mike Freeman thereof. the Issnlag company oill endeavor to mail 30 days written notice to the & • 300 W La1 *M Ave; City Hall West certffi aue Wider twrned to the left, but tailttre to mail such notice shalt impose no Address • Port Collins, CO 80521 obligation or liability of any kind Mon the company, its agents or representatives. cj 'l/ fit / Authorized Reprennow