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HomeMy WebLinkAbout433517 JERRY R BRADEN - CONTRACT - CONTRACT - 32397�q cFiL PROFESSION& SERVICES AGREEMENT 9ers C'1/c e THIS AGREEMENT made and entered ato the day and year set forth below, by and referned to as the'f+'W and .ferry R. A 1 Ira:.. hereinafter refmred to as'Qro '. in consideration of the nnubral covenants and o ftatdns herein used. it is agreed by and betarreen the parties hereto as follows~ the sCopeofserNoesattachedheretoasExln'bit-A",consisting; oftluee(3)pages and incorporated herein by this rye. and shall Continue in full force and effect urM December 31. 2W8, urdess sooner tearkoled as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed fora (4) additional one year perwds. Renewals and pricing dirges shelf be negolialed by and agreed to by loth parties. The Denver Dodder Greeley GPIUI published by the Colorado State Plamdrig and 8udgat OWmq wM be used as a guide. Written notice of renewal stun be provided to the Service Provideranod maned no Ieterttm rdndy (00) days T,LT3777,7777m City may temnnate this Agremerit at any lane wilhart Cause by providing written notice of WnflnUti0n Io the Professional. Such notice stiff be delivered at least fifteen (15) days pnorto the termaeHon data Contained In sad notioe unless otherwise agreed In writing by the parties. AnnroikmprovhdedumlerttrdAgreenmrdshaabeeoneewhenn postapeprepa6dandsett to the following addresses. Ste!Pmftmmnd Sad Apownwit. mvMW Potential Legislative Issues ►stated to City interests • Downtown Development Authority financial time extension • Urban Renewal Authority Reform • Municipal Utility Net Metering • Photo Radar • Local Control • Tax issues including Tax Increment Financing issues • Regulatory environment • Eminent Domain • Transportation, Prison, Higher Education and Medicaid finance • Fair and equitable tort environment • Affordable worker's compensation system • Water Issues • Immigration issues and their impart on the city • Affordable Healthcare for employees and employers • An educated work force to meet the needs of local businesses and municipalities • Affordable housing for employees • Telecommunications • Municipal bond Issues • Gun issues • Traffic fines increase • 911 emergency phone system • Severance Tax distribution Service Provider will be available for meetings with the council, city manager or designee to develop legislative strategies, legislative priorities, and present legislative updates. Service Provider will maintain a full time presence at the legislature and will provide the time and resources necessary to successfully complete all tasks assigned. 8Wftfd PtMes QM1 Swim= agreement_ MVOWT 10 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all ousts. Before commencing work under this bid, the Service Provider shall furnish the City with oartificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the foikmft statement 'The insurance evidenced by this Certificate will riot 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. 2. 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. 2. Employer's Liability insurance with limits of $100,000 per accident, $600,000 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 properly 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 subormtra W, 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. Steritlard Piulessbriai Services Agreearear- mvOrvW 11 EXHIBT "C' CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of 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 property of 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 may be 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 Conti -actor 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 Agreement with 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 famish 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/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it othenvise 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. StEWORI Proresaional Sam= Agmunent- mv06107 12 Professional: With Copy to: Jerry R. Braden, Inc. City of Fort Collins, Purchasing 4484 West Cottonwood Place PO Box 580 Littleton, CO 80123 Fort Collins, CO 80522 In the event of any such early termination by the City, tie 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 City's costs and reasonable attorneys fees, arising directly or indirectly oul of the Professiorrafs 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 $NlA. 5. 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). All such fees and costs shall not exceed 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 basEA upon the Professionals City -verified progress in completing the services to be performed pursuant hereto and upon the Clty's approval of the Professionals actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, Standaid Professional SeMoes Agreemard- rer08107 2 drawings, and other services rendered by the Professional shall become the sole property of 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 orders, and other clarification or instruction shall be dineled 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 tote 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 prior written consent of the City. 10. Acceptance Not Waiver. The City's approval of drawings, designs, plans, speafications, reports, and incidental work or materials famished hereunder shall not in any way relieve the Professional of responsibility for the quality or tedhnical a=Macy ofthe work. The City's approval or acceptance of, or payment for, any of the servioes shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. Standard I'Mkssiaml Services Agreement- mvg61g7 11. Delay 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. 12. Remedies. In the event a party has been declared in defaulf, 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 rum -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. L.aw/Severabil The laws of the State of Colorado shall govern the construction, interpretation, execution and enibrr ement 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 *my ether provision of this Agreement 17. Prohibition Against Employing Illegal Mang. 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 irufdental to the performance of said work. Pursuant to Section &17.5-101, C.R.S., at seq_, Contractor represents and agrees that a. As of the date of this Agreement: 1 Contractor does not knowingty employ or contract with an illegal alien; Standard Prokwiarml Services Agreement- revOSM7 4 and 2. Contractor has participated or Mempted to participate in the basic pilot employment verification program treated in Public Low 208, 104th Congress, as amended, and expanded in Public Law 1 %. 108th Congress, as amended, administered by the United States Deparirrient of Homeland Security (the "Basic Pilot Program' in order to confirm 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 with a subcontractor that knowingly employs or contracts with an illegal alien to perkxm 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 contacts 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 Studanl ProfeasWW Savioes Agreement- mvO607 5 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 vwth 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 damages to the City arising out of Contractor's vnolation of Subsection 8-17.5-102, CRS 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 provision; or conditions mating to the services to be performed pursuant to this Agreement are set forth in Exhibit "Cm, consisting of one (1) page, attached hereto and incorporated herein by this reference. Standard Pmfesmnei Services Agreement- mvOfiW 6 THE CITY OF FORT COLLINS,(COLORADO BY- �- `� (J� (f, Jain B. O'Neill 11, CPPO, FNIGP Director of.PurchatAng & JRisk Management DATE: L/�! Jerry R. Braden Inc BY 7- I (� Title CORPORATE PR 'SIDENT OR VICE PRESIDENT Date: _ \ - O i 10 P ATTIEST: Z (Corporate Seal) Corporate Secretary Mandaud Prareastonal Servwes Agreement- revOW EXHIBIT A Scope of Work and Responsibilities SERVICE PROVIDER will provide the follow items, but the scope of work is not limited to these items. Provide monthly reports and status sheets listing relevahrt City issues during the session, plus an end of the session report and final status sheet. Review all legislative language, testimony and letters and advise the City on responses. Continuously monitor and report on legislative activities as they might impact the City and municipalities, both during the legislative session and interim committees. Assist the City in developing and implementing its State Legislative agenda and strategy. Represent the City during all activities of the Colorado General Assembly with individual legislators, key staff, and committees and all interested persons according to the established goals of the City. Assist the City in developing and continuing relationships: with the Colorado legislators, specifically those representing Fort Collins; Senator Bob Bacon, Senator Steve Johnson, Representative Randy Fischer, and Representative John Kefalas. Arrange appointments and meetings with legislators as appropriate. Continue to maintain the level of awareness and understanding of the City's goals in order to complete the above Communicate directly with State legislators regarding current and all future City activities and City policies. Maintain a relationship with State legislators and to provide assistance to them in respect to the City's issues. Meet with the City Council, City Manager, and City staff as requested by the City. Guide the preparation and presentation of testimony before the appropriate Colorado House and cc enate Committees, State and Local affairs committees, the Colorado Department of Local Affairs, the Governors office and any other departments deemed necessary. Provide any special reports as requested by the City, including monthly legislative reports, status sheets and a year-end report to the City Council outlining pertinent legislative events of the past year and identifying key priorities for the following year. Sh wdard PmfessWrW services Agreement- ravosl07 Proposed Addiffonal Aclvides- for the Ckes Review and Approval Prepare a message for the City to convey to their legislators regarding any legislative impact on the City Work with City staff to help ensure a successful legii presence at the State Capitol. We will coordinate the City's message to be conveyed to the legislators. Work with staff to invite legislators to major City events. This year is an election year for most of our legislators. Having an elected official come to City events and learn about municipal issues is one of the best grass root lobbying tools, we can use. This is a great way to help the legislators understand the City's issues as well as providing the legislator local exposure. Service Provider will be available to help the City staff and Council members schedule meetings with'legislators, and to assist in crafting the appropriate message for legislators and commdtee testimony. Service Provider will work with the appropriate City staff as designated by the City Council to respond in a timely fashion to any requests from the State legislators or legislative staff Service Provider has worked closely with the CML staff over the past 25 years and world continue to do so for the City of Ft. Collins. City Agenda During the 20D8 Legislative session, we will need to monitor and review each bill introduced Service Provider may coordinate the City staff, City Council and other supporters to make telephone calls, send letters or emails and to testify in committee against any negative impacts to the City Our strategy should include: • Presenting education material on City needs and 11he related economic benefits • Meet with Local Government Committee member.: • Engage local elected officials, and business leaders in the community and encourage them to speak with state officials and legislators as appropriate • Organize continuing state legislative contact inducting personal contacts, letters, telephone calls using individualized constituent mail and telephone techniques • Assemble broad based and diverse coalitions representing various constituents who are concerned about the community • Arrange for the publication of letters to the editor and op-ed pieces in local and state wide newspapers, plant media stories and opinion pieces • Continue the positive working relation ship with CIIIIL, CCI, Special Districts and other local government agencies sta dlani Professional Semces Agreement- revOSM7