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HomeMy WebLinkAbout426762 50-50 GROUP LLC - CONTRACT - AGREEMENT MISC - 50-50 GROUP BARTPROFESSIONAL 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 50-50 Group LLC, hereinafter referred to as "Professional" WTNESSETH In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows 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 Contract Period This Agreement The services to be performed pursuant to this Agreement shall be initiated immediately following execution of this Agreement Services shall be completed no later than 12/31/2008 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 Early Termination by City Notwithstanding the time periods contained herein, the City may terminate this Agreement at anytime 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: David Larson Michelle McDonough City of Fort Collins, Purchasing 50-50 Group LLC City of Fort Collins, MIS Dept PO Box 580 825 Turman Drive PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80525-9310 Fort Collins, CO 80522 Standard Professional Services Agreement- rev06/07 ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE 10/15107 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE HARTFORD HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ..0 „�� 11.1 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURED 50-50 GROUP LLC INSURERA Property and Casualty Insurance Companyof Hartford 825 TURMAN DRIVE INSURER B FT COLLINS, CO 80525 INSURER C INSURER D THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS irvse TYPE OF INSURANCE LTa POLICY NUMBER POLICY EFFECT I VE DATE RMvOD/YY) POLICY EXPIRATION DATE(MMIDDMI) LIMITS GENERAL LIABILITY ® COMMERCIAL GENERAL LIABILITY ❑ CLAIMS MADE 0 OCCUR p ❑ GENL AGGREGATE LIMIT APPLIES PER ® POLICY ❑ PROJECT ❑ LOC 55RBH233564 11/21/06 11/21/07 EACH OCCURANCE $1,000,000 FIRE DAMAGE (Any one hre) $1000,000 MED ExP (My one person) $ 1 D 000 PERSGNAL a ADV IFWR v $ 1 000 000 GENERAL AGGREGATE $ 2,000,0130 PRODLCTS COMF;OP AGO $2000000 AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS ❑ HIREDAUTOS ❑ NON -OWNED AUTOS COMBINED SINGLE LIMIT (Eeasid.N) BODILY INJURY (Pe"Nneo') $ BODILY INJURY (PA, acadont) $ PROPERTY DAMAGE (Porecpldenp $ GARAGE LIABILITY ❑ ANY AUTO ❑ .NLTOONLY-EAPCC $ OTI-ERTHAN EA ACC AUTO ONLY AGG $ $ EXCESS LIABILITY ❑ OCCUR ❑ CLAIMS MADE ❑ DEDUCTIBLE ❑RETENTION $ EACH OCCURANCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY ❑W,- STATr ❑OTH TORYLIMITS EP E L EACH ACCIDENT EL DISEASE -EA EMPLOYEE $ $ EL DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Computer Consulant BPP ON PREMISES $10000 BPP OFF PREMISES $5000 CERTIFICATE HOLDER U ADDITIONAL INSURED INSURER LETTER CANCELLATION CITY OF FORT COLLINS CO ITS OFFICERS AND EMPLOYEES ARE ADDITIONAL INSUREDS AS RESPECTS LIABILITY ARISING OUT OF SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE WORK PERFORMED BY THE NAMED INSURED FOR OR ON EXPIRATION DATE THEROF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 BEHALF OF THE CERTIFICATE HOLDER DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND CITY OF FORT COLLINS CO UPON THE INSURER, ITS OR REPRESENTATIVES P 0 BOX 580 FORT COLLINS CO 80522 1AGENTS ACORD 25-S (7/97) © ACORD CORPORATION 1988 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 4 Design Proiect 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 Citys 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 $ 5 Compensation In consideration of the seances to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule Hourly billing rates $7500/hour with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Ninety Thousand _Dollars ($90,000 00) Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs 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 Citys approval of the Standard Professional Services Agreement- rev06107 2 Professional's reimbursable direct costs 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 propertyof the City 6, 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 7 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 8 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 9 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 priorwritten consent of the City 10 Acceptance Not Waiver The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in anyway relieve the Professional of responsibility for the quality or technical accuracy of the work The City's Standard Professional Services Agreement-rev06107 3 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 11 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 12 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 parlyshall be liable to the non -defaulting party for the non -defaulting party's reasonable attorneyfees and costs incurred because of the default 13 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 14 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 15 Prohibition Against Employlng Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not inwlve the delivery of a specific end product other than reports that are merelyincidental to the performance of said work Pursuant to Section 8-17 5-101, C R S , et seq , Contractor represents and agrees that Standard Professional Services Agreement- rev06/07 4 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 conimn the employment eligibility of all newly hired employees b Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract wrath a subcontractor that knowingly employs or contracts wrath 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 efective 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 employng or contracting with an illegal alien, and Standard Professional Services AgreemenP rev06/07 5 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 Contractor shall complywith any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course ofan Investigation that the Department undertakes or is undertaking pursuant to the authorityestablished 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 br 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 Cityterminates the Agreement for such breach 16 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 bythis reference Standard Professional Services Agreement- rev06107 City AS THE CITY OF FORT COLLINS, COLORADO .y OF FART By 00� ANa es B O'Neill II, CPPO, FNIGP AT :y Director\OtPurchasing & Risk Management L. DATE l ci David Laa���rrs���on Doings 50-50 Group LLC By Title r'c�t3etz fy,/� c2 CORPORATE PRESIDENT OR VICE PRESIDENT Date /d-Z-( - 2ro-7 ATTEST Corporate Secretary (Corporate Seal) AT.` •Q ;4 s�f"�nrnulat 4 {, Standard Professional Services Agreement- rev06/07 7 EXHIBIT "A" SCOPE OF WORK Company 50-50 Group LLC Hourly Rate $75 00/hour Resource Dave Larson City of Fort Collins Project Manager Michelle McDonough Dave Larson will be primarily working on the Budget Analysis and Reporting Tool (BART) project BART came out of the 2008/2009 BDT (Budget Development Tool) development process Budget Development will be one module of BART Other modules include Budget Analysis, Personnel Services Costing, Reporting, and Budget Publishing His role on this project will be as a developer and report writer He will also be doing some knowledge transfer of development techniques in the particular development language selected The BART Project is in progress and will continue through the end of 2008 The main deliverable from the development team is a new Budget Development Tool for the 2010/201 1 Budget for Outcomes Process Dave will also be working on the Capital Projects Budget Tool He will be making modifications The Capital Projects Budget 'Tool may become part of the BART system Dave could also work on other MS Access projects as assigned by the project manager The City of Fort Collins can terminate this agreement with 30 days notice. 50-50 Group will not substitute another resource for Dave Larson without prior approval of the Project Manager for the City of Fort Collins EXHIBIT "B" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the Cityof Fort Collins (the "City') pursuant to this Agreement (the "Agreement"), the Contractor 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 propertyof and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor 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 maybe confidential and/or proprietary The Contractor 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 Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City Further, the Contractor 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 Contractor understands that it shall have no obligation under this Agreementwith 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 Contractor 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 Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/orsummaries (handwritten or mechanically produced) thereof, in its possession or control or as to Mich it otherwise has access The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor'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 Standard Professional Services Agreement rev06/07