HomeMy WebLinkAbout159767 ENVIRONMENTAL BEHAVIOUR CONSULTANTS - CONTRACT - CONTRACT - 2201777PROFESSIONAL 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 Cheryl Asmus, doing business as Environmental Behavior Consulting,
hereinafter referred to as 'Professional'.
W ITNESSETH:
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 two (2) pages, and incorporated
herein by this reference.
2. Time of Commencement and Completion of Services. 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 July 1, 2002. Time is of the essence. Any extensions of
the time limit set forth above must be agreed upon in writing by the parties hereto.
3. 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:
Cheryl Asmus Ed Bonnette, C.P.M. Zoe Shark
DBA Environmental Behavior Buyer Project Manager
Consulting Citv of Fort Collins City of Fort Collins
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6804 Timberline Road
P.O. Box 580
Natural Resources Dept.
Fort Collins, CO 80528
Fort Collins, CO 80522
P.O. Box 580
Fort Collins, CO 80522
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 City's costs and reasonable
attorneys fees, arising directly or indirectly out of the Professional's negligent 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.
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 Nine Thousand Six
Hundred Eighty Six Dollars ($9,686.00). All such fees and costs shall not exceed Nine Thousand
Six Hundred Eighty Six Dollars ($9,686.00). 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
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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.
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 prior written
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 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
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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 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. Bindinq 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.
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THE CITY OF FORT COLLINS, COLORADO
By: ,j,
Jaines B. O'Neill Il, CPPO, FNIGP
0"-birector of Purchasing & Risk Management
DATE: JI 1/0-)-
Cheryl Asmus
DBA Environmental ,Behavior Consulting
By: ��, c�C7�►d .� h o
Title: L4rvc Qnsc, , S p1u n�^a,tt
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 3 )�� hk
5
Exhibit A — Scope of Work
Outdoor Air Quality Surveys, Spring 2002
The following Scope of Work outlines the schedule and the timeline for the Spring, 2002,
City of Fort Collins Outdoor Air Quality Survey by Environmental Behavior Consultants
(EBC). Similar in cost to the budget from last fall, some typical increases can be seen in mailing
list costs, copying costs, mailing costs, and salaries. Some decreases can be seen in design and
set-up time for surveys from both EBC and the scanning organization.
Schedule and
Action/Steps
Timeline
Cost
Design and preparation of letters/postcard. (4 hours X $25.00/hour)
Feb. 11
$0.00
Mailing list and labels for 1,500 addresses (5 sets)
$380.00
First proof of survey and letters.
Mar. 11
$0.00
Letters to City Manager (signs first one and then Zoey signs others)
Mar. 11
$0.00
Survey to scanning service to design surveys.
Mar. 18
$60.00
Second proof of survey.
Mar. 25
$0.00
Final approval of survey and letters by City.
April 1
$0.00
(*If this goes past the date of April 1, all following timelines will also
be moved up accordingly to fit the delay.)
Mail Introductory letters
April 15
$780.00
Stamps: 1,500 X .25 = $375.00
Envelopes (#10): 1,500 X .10 = $150.00
Printing/copying: 1,500 X ..07 = $$105.00
Labor: 1,500 X. 10 = $150.00
Develop data and survey databases. (4 hours @ $25.00/hour)
April
$100.00
Mail Cover letters and Surveys
April 22
$2,827.00
Stamps: 1,500 X .25 (outgoing) = $375.00
Envelopes (#10): 1,500 X .10 (outgoing) = $150.00
Return envelopes (#9): 1,500 X .10 = $150.00
Stamps (return envelopes) 1,500 X .34 = $510.00
Printing/copying cover letter = 1,500 X ..07 = $105.00
Printing/copying Evaluation letter = 100 X ..07 = $7.00
Set-up fee = $0.00
Print survey booklets = $385.00/1,000 X 3 = $1,155.00
(Amount includes enough for second mailing, below)
Labor: 1,500 X .25 = $375.00
Environmental Behavior Consulting
Action/Steps
Timeline
Cost
Mail Postcards
April 29
$525.00
Stamps: 1,500 X .20 = $300.00
Print postcards = 1,500 X .10 = $150.00
Labor: 1,500 X ..05 = $75.00
Mail Second Letters (includes survey)
May 6
$666.00
Stamps: 600 X .25 (outgoing) = $150.00
Envelopes (#10): 600 X. 10 (outgoing) = $60.00
Return envelopes (#9): 600 X .10 = $60.00
Stamps (return envelopes): 600 X .34 = $204.00
Printing 2°1 reminder letter = 600 X ..07 = $42.00
Labor: 600 X .25 = $150.00
Mail Third Letters
May 13
$183.00
Stamps: 300 X .34* (outgoing) = $102.00
Envelopes (#10): 300 X .10 (outgoing) _ $30.00
Printing 3'd reminder letter = 300 X .07 = $21.00
Labor: 300 X .10 = $30.00
*Can not get a "Bulk rate" at this point as they will be too sporadic.
Scanning of surveys
May
$60.00
Record and maintain responses (Based on anticipated 75% response)
April-
$1,375.00
First survey and postcard: Estimate 800 of each @ 2.5 minutes
May
each X $15.00/hour = $1000.00
Second and third reminder: Estimate 300 of each @ 2.5minutes
each X $15.00/hour = $375.00
Evaluation, data collection and analysis (30 hours @ $35.00/hour)
May
$1,050.00
Survey reliability and validity analysis 10 hours @ $35.00/hour
May
$350.00
Data analysis (30 hours @ $35.00/hour)
May
$1,050.00
Prepare report (8 hours @ $35.00/hour)
May
$280.00
Report Due
June 3
Total
$9,686.00