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Home My WebLink About130469 THE BRENDLE GROUP - CONTRACT - CONTRACT - 31702Consrrltnig Agreement I'his COlisulltn Agieement (the 'Agreanent ) is made and entered into this clay of �I� i C 12007, by and betwec❑ TiII= FORT COLLINS, C:OLORADO DOWNTOWN EVELOPMLNI AUTHORHY, a body coipoiate and politic. 19 Old Town Square, Suite #230, fort Collis_ Colorado 80524 (the DDA") and fi-iF ]3RLNDI F GROUP, INC, a Colorado corporation (the 'Consultant ), 226 S Remington Snect Suite 3 Poit Collins Cotoiado 80524 WHEREAS, Consultant has a background ui cmuoiuncntal Conn 111111" and is isillni; to provide SW tees to DDA based on tits background, and WHEREAS, DDA desucs to have set vices provided by Consultant THEREFORE, the DDA and Consultant agree is follows I DESCRIPTION OF SERVICES. "i3eginning Nonembei 1, 2007 Consultant will work with DDA to develop a gicen building program per the scope of wotl<ptovided as Attachment I i 2 PAYMENT Consultant agrees that this is a nine and matetials contract. not to exceed $5,000 The Consultant trttl bill DDA only tot actual label bouts of othet ducct costs such as travel, mateuak supphcs, duplication and shipping necessary Tot the peilbunance of the work under this contract ("ODC") l he Consultant's schedule of billing rates is as follows Pimempal Engineer $110 751houi Senioi Engineer $ 92 25/how Piogiam Manager $ 75 00/hour Enginect $ 57 00/110111 Technical Editor $ 57 00/hout Engmeeiing Intern $ 40 00/I10111 Consultant will submit invoices no mote ficquently than monthly bmvoice,, will be submitted to DDA tot ieview and appioval Invoices shall be paid by DDA within forty-five (45) days afici iecelpt fiom Consultant Any invoice not timely paid shall accrue interest at the late of 18% per annum from such due date until paid u1 flit] if Consultant must ietam an atloumey for collection bereundei, DDA shall reimburse reasonable attoiney's fees, court costs, discovery costs,and other reasonable and necessaiy costs of collection Consultant will be tesponsible for payment of all income taxes and other taxes oil the total income received by DDA bereundei Except for such additional equipment, matertals and/oi personnel as DDA either hetem or subsequently agrees in wilting to provide for Consultant's use, all equipment, mateiials and/oi peisoimel iequued by Consultant to peilbi n and complete the woik herein specified shall be provided by Consultant at its sole cost and expense Upon teirmnation of this Agicernent, payments under this paragraph shall cease provided, however, that Consultant slmalt be entitled to payments for pcuods of partial peitods that occurred picot to the date of tcunumation and for which Consultant has not yet been paid Page 1 of 5 3 TERM/TERNIINATION This Agiccinent shall terminate automatically on February 29, 2008 4 RELATIONSHIP OF PARTIES It is understood by the patties that Consultant is all independent Consultant with tcspcct to DDA and not an employee of DDA DDA will not provide fimge benefits including health inuaance bcnciits, paid vacation of ally othet employee benefit, im the benefit of Consultant 5 DISCLAIMER. CONSULTANT MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF NIERCHAN rABiLITY AND FITNESS FOR A PARTICULAR PURPOSE. This is a service contact not urvoli mg the sale of goods of plodudls Howevet_ the Consultant icnianx icsponsiblc for claniagcs tesuling fiorn professional CHOiS and onnsstons as outlined in the CZS 6 EXCLUSION OF DAMAGES Consultant shall not be liable to DDA of any thud pasty fol, and DDA shall hold Consultant haumlcss from any claim of duect or inchlect, special, of consequential damages (including lost icvenacs, uicieascd costs, of lost piolits) alising out of this Agiccmenl, the scivices provided heieundct of the Inc of any inateiials developed by Consultants assigned pcisonnel Such provision shall be in effect iegaidless of the claun of form of action of slut, wlmcdici in contiact. negligence su ict liability of any otlict theory 7 ASSIGNMEN T Consultant's obligatimis undet this Agieement may not be assigned of tansfei ied to any otliei poison, film, of coipoiation without tlic pilot wi aten consent of DDA 8 NOTICES All notices iequncd of peinutted nuclei this Agiecinent shall be in willing and shall be deemed delivered when deliveied in peison of deposited in the United States mail postage prepaid, addiessedi as follows IF foi DDA Matt Robenalt Project Managet Downtown Development Authority 19 Old Toren Square, Suite 230 Fort Collins, CO 80524 IF lot Consultant Judy Dorsey Piesident The Bicndle Gioup,Ille 226 S Remington, Suite 3 Foit Collins, CO 85024 Such address may be changed fiorn time to time by cithei pasty by plovidmg wutten notice to the other in the manner set forth above Page 2 of 5 9 ENTIRE AGREEMEN I Ifhis Agtcement contain the conic agicement of the patties and there ate no other promises of conditions ui any other agreement whether oral m wutten This Agtcement supersedes any pi tot mitten of oral agteemems between the patties 10 AMENDMENT This Agtcement may be mochlied of amended if (he atnendment rs made in No iting and is signed by both panics I I SEVERABILITY If any provision of this Agtcement shall be held to be invalid of unenforceable for any reason, the icmammg piovtsmns shall continue to be valid and enforceable I1 a court finds that any piovivon of (his Agtcement is invalid or unenforceable but that by Imuling such provision it would become valid and enforccable then such provision shall be deemed to be widen consti ued and cnlbtced as so In Ited 13 \VAIVER OF CONERACTUAI, RIGHT the lailtne of cithet patty to enluice any ptowhion of thts Agmemms shall not be construed as a waiver or limitation of that party s itght to subsequently enforce and compel strict compliance with every pto\ ision of this Agreement 13 APPLICABLE LAW this Agtcement shall be goveined by the laws of the State of Colorado DDA THE hORF COLLINS, COLORADO DOWNTOWN DEVI-LOPMEN•I AU MORITY, a body coipoiatc and politic te, Chan ATTEST By�� l c eo ge BConsultnt THE BRENDLE GROUP INC By ��t �t Tud3- boily, Pi csi lei / �— Page 3 of 5 ATTACHMENT 1. SCOP1, OI" WORK AND COST OP' SERVICES N � �ynvui-� l,vc Tuly 21 2001 matt Robenalt Protect Mallaget Dots mots a Dea eloping mt Author m 19 Old I otsn Squac, )wte 230 I ort C ollins CO 805" 1 Dear \4att RE Dotsntotsn Detelopmew %mbotip (DI)4) (teen Desclopmem Ptograul Clmril: }ou for .our time eatlicn this mrnah to discuss DDA s Interest m cteatutg a program to promote green dnelopnrent dlossntomi Port Collins Based oil our niceting with Gan Dchtoeder about the C'mV s Integrated Design Assistance Progrnnt (IDAP) and ow subsequent meeting discussing hose this program tt ould operate relam e to DDA s mission and ftutdmg ne a e cica eloped the scope of work and quote proposed in this letter In the scope flue Brendle Goup would deselop a program that not onh parnitels the emsting DDA Facade Progmur, but also prge3backs on to the Cttds IDAP offerings We ssould complete the proposed scope norking m contmmctmn as rth a self -identified sub-conrnuttee of DDA staff Cm staff and Interested DD4 board members The project penod is anticipated to be of �,eutember Lilt nu•h \ua ember. 2007 I he asonk would consist of the follossmg tluee tasks Task 1 Background Research and lmu1 Commotee Rick-Off('wmcntber 20071 e Kick-off meeting e uh sub -committee • Inters rest Deus er litban Renee al Amhouts, (Tracs Huggins) by Phone • Meet anlr Latimer County staff regal ding a aluatrou for green projects and Impacts on (a,, mcrenneut estimrates (Clnrstine Mlrna)) • Research beuchman ks fiom other cures, budding off reccutly completed siud) for Cm} of Fort Collins • integrate implementation and financial details of C mt, s IDAP I ask ' Draft Program Materials and Rea tens with Sub-C onmmmee (October- _'0071 • Draft anttel ptogram matennls using Farad c Program as a template, Including - Applrcatnon, mchndmg relationship to IDAP wind fwmncial model Outreach flyer a Ili Frequently Aal.ed Questions, and Closing ntst atctiwts mcludilm sertficauom procedures e Res neaa draft ntatenals ssnh sub-crnnnnmee mid uuogwrnte feedback Pack 3 Present to DDA B „rd , ul Fnnhze Paver ran \1 net nls (�loa embed 2007) • Prepare and present to DDA bond e Incotpor ate feedback and finalize program neater tals The follots wq mble suuunau<es the costs uC tins proposed projeU of gaurzed accoulmg to Casks 1-3 226 Renuugrou K9, Fort Collins, Cola air, SO T21 9%0-20i-00 U, nv n Lre rnlleyr nnp,d oar Page 4 of 5 ArraCIIMEN'r 1. (Cont'd) T w6 _ Cusl last, I Bac6gwund Researcli and tiub-Conuuutee Biel,-Uff it 92I lash ? DiAt Ptomain Milenals and Retteu 51 914 Task 3 Plesent to DD % Boald and Finalize P1oyiam Valmal, CI 11S_ The Btenclle C toup's Ptmctple Engineer, Juds Dotsei ss ill serte ut .m cxeewtc c.hrectty .and duabh assu1ance tole for tilts protect Tulle Diehl; ntll be the pioiect s technical lead vnt piolect manager Additional staff of trig Brendle GI nup cs dl pnor ule a cost efleeu, e approach fol like pl olcct Plus quote r. based on The Bteudlr Group s M07 published labor rates as follosc s o Ptmctple Eugmeet $110 75 hout n Seulor Enruaeet 02 25 hom o Engmeet 157,hour 0 Iechntcal Edam i57 how u Engmeeung Intctu $ 101hout We look hvn aid to v otkmo %s nh ) ou and the DDA oil this e�armg oppottuntry I ` I ncere1v lud} DOtse\ Ptestdenl :16 Rm¢nr^mu ".t, Far CalLni, C�la�rulo, g04'J, 47(H_U:-Ob sfi, ame br.,rflegemgt cnn Page 5 of 5