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HomeMy WebLinkAbout433069 RICHARD V LOPEZ - CONTRACT - RFP - P1093 HEARING OFFICER - LAND USE PLANNINGSERVICES 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 Richard V Lopez, Lopez Law Office, 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 one (1) page and incorporated herein by this reference 2 Contract Period This Agreement shall commence January 1, 2008, and shall continue in full force and effect until December 31, 2008, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement may be extended for additional one year periodsi not to exceed four (4) additional one year periods Renewals and pricing changes shall bei negotiated by and agreed to by both parties The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 3 Dew If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then Ithe party so prevented shall be excused from whatever performance is prevented by such cause To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition SA rev06/07 EXHIBIT C INSURANCE REQUIREMENTS 1 The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins " In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement Insurance coverages shall be as follows A Workers' Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement Workers' Compensation insurance with statutory limits as required by Colorado law Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a "broad form" basis The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance EXHIBIT D AFFIDAVIT PURSUANT TO C R S 24-76 5-103 I, '24(1.0Au I%(�1i�cs swear or affirm under penalty of perjury under the laws of the State of Colorado 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 I 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 cri�al offense each time a public benefit is fraudulently received (Z 2-/O Signature Date INTERNAL USE ONLY Valid forms of identification P --- current Colorado driver's license, minor driver's license, probationary driver's license, commercial driver's license, restricted driver's license, instruction permit q--- current Colorado identification card P U S military card or dependent identification card q---U S coast guard merchant mariner card p--- Native American tribal document The following forms of identification may be accepted through February 28, 2007" 7---original birth certificate from any state of the United States p--- certificate verifying naturalized status by U S with photo and raised seal p--- certificate verifying U S citizenship by U S government, e g, U S passport q--- order of adoption by a U S court with seal of certification p--- 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 I --- valid immigration documents demonstrating lawful presence, e g , current foreign passport with current 1-551 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 Rev06/07 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 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 City: Service Provider City of Fort Collins Lopez Law Office Attn Purchasing Richard V Lopez PO Box 580 4450 Arapahoe Ave Fort Collins, CO 80522 Boulder, CO 80303 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 Such payment shall be the Service Provider's sole right and remedy for such termination 5 Contract Sum The City shall pay the Service provider for the performance of this Contract, subject; to additions and deletions provided herein, per the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference 6 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 i and proper decisions with reference to the services provided under this agreement All requests concerning this agreement shall be directed to the City Representative 7 Independent Service provider The services to be performed by Service Provider I 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 for any other purpose 9 SA rev06107 8 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 i 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 9 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 10 Warranty (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature (b), Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workman ship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City 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 fad or refuse to perform according to the terms of this agreement, such party may be declared in default thereof 12 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 3 SA rev06/07 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, of (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 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 Indemnity/Insurance a iThe 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 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 c Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "C consisting of one (1) page, attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P O Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City a SA rev06/07 15 Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties Covenants or representations not contained in this Agreement shall not be binding on the parties 16 Law/Severability The laws of the State of Colorado shall govern the construction i 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 17 Prohibition Against Employing Illegal Aliens This paragraph shall apply to all i 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 Asliof the date of this Agreement 1 Contractor does not knowingly employ or contract with an illegal alien, and 1 2 Contractor has participated or attempted to participate in the basic pilot ernlployment verification program created in Public Law 2013, 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 confirm the employment eligibility of all newly hired employees b Co tractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts 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 5 SA rev06/07 i accepted for 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 i Program is discontinued d Contractor is prohibited from using Basic Pilot Program procedures to undertake i pre -employment screening of lob applicants while this Agreemenl 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 it within three days of I receivmg 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 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 i damages to the City arising out of Contractor's violation of Subsection 8-17 5-102, C R S 6 SA rev06/07 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 18 Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", consisting of One (1) page, attached hereto and incorporated herein by this reference ATTEST CORPORATE SECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation Jams O'Neill II, CPPO, FNIGP Dire to of Purchasing and Risk Management Date / 4 I Z` l 0 Lopez Law Office, Richard V Lopez By �aVjtJ T!—I' ,YL- 0 (/ i� d PRINT NAME 7i(el r� uSjA CORPORATE PRESIDENT OR VICE PRESIDENT Date / 212-/ 16 7 (Corporate Seal) SA rev06/07 EXHIBIT A Professional will provide the services of a hearing officer pursuant to The City of Fort Collins Land Use Code (available at fcgov com under Current Planning Department) The Code provides for two types of land use review Type 1 — an administrative hearing with decisions made by a hearing officer, and, Type 2 — a hearing by the City's Planning and Zoning Board Land uses eligible for each category of hearing are specifically identified in each individual zoning district The Professional will serve as an independent hearing officer to conduct Type 1 administrative hearings The purpose of Type 1 hearings is to determine if relevant criteria, applicable to the proposed land use, have been satisfied The Professional will report directly to the Director of Community Planning and: Environmental Services, and will make these decisions under a specific delegation of authority from the Director Services Required 1 Review Type 1 development applications for consistency with the City's Land Use Code Copies of the application and staff report are provided prior to the public hearing Hold public hearings on each application with input from the staff, applicant and members of the public Meeting rooms, staff support, and recordings of the hearing are provided by the City In cases of appeal, the city will provide a verbatim transcript of the hearing 3 Issue a written determination (an example can be provided upon request) on each application in accordance with the requirements of the Land Use Code within 10 calendar days of the public hearing Responsible for preparation of all written!, documents associated with the decision Time Commitment Administrative) Public hearing dates will be scheduled as required by the workload Since the inception of the administrative hearing process, the number of hearings averages six per year, although the number is expected to increase Agendas will be established byithe Current Planning Director Meetings could extend up to six hours depending on the agenda, complexity of the protects and the amount of public testimony Public hearings are typically held in the evening but may begin in the late afternoon depending on the agenda It is the intent of the City to enter into a one year contract renewable for 4 additional one year periods EXHIBIT B Cost and Work Hours AVAILABILITY I will be the sole provider of the Hearing Officer services I am a solo practitioner and my work schedule is very flexible The only potential conflicts might be dates when trials or hearings are set The trial or hearing settings are done weeks or months in advance I presently average one or two hearings/trials a month I see no problems in scheduling hearings in Fort Collins Given the application requirements listed in the Land Use Code, there should be ample time to review staff recommendations prior to the hearing In addition, the Hearing Officer can take the matter under advisement and prepare the written order within 30 days As a trial attorney, I prepare motions and proposed orders for court review The motions typically contain both arguments, analysis and applicability of certain case law The ability to draw parallels to precedent setting cases and fact patterns helps explain to the court a legal position COSTS AND WORK HOURS I've estimated the time and activities that would be typical in a hearing as follows The three phases are a) pre -hearing preparation, b) hearing and c) post -hearing Pre -hearing preparation activities (1 40 to 2 0 hours) Review staff memo summarizing application Review application Review applicable codes Prepare hearing notes in advance of hearing Hearing (2 0 to 3 0 hours) Instructions to parties City's summary of application City's recommendations City's oral testimony experts/witnesses/staff City's exhibit presentation/introduction Applicant's oral testimony experts/witnesses Applicant's exhibit presentation/introduction City's rebuttal Closing instructions to parties Post -hearing (2 0 to 3 0 hours) Review testimony Review exhibits Review applicable codes Draft written orders ESTIMATED TIME Minimum of 54 hours ESTIMATED COSTS $980 00 Per Hearing $180 00 Per Hour for Additional Services