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HomeMy WebLinkAbout263716 THE CARMEN GROUP - CONTRACT - RFP - P823 FTA LOBBYISTPROFESSIONAL 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 The Carmen Group, Inc., 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 government relations services relating to securing funding in the FY 2003 Transportation Appropriations bill in the Federal Transit Administration's program for new starts and bus and bus facility grants sec. 5309, and in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, 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 retroactive to February 15, 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 forty-five (45) 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: PSA 05/01 1 Professional: City: With Copy to: The Carmen Group, Inc. City of Fort Collins, Diane Jemmott, V.P. 1299 Pennsylvania Ave. NW Purchasing Public Sector Div. Eighth Floor West P.O. Box 580 The Carmen Group, Inc. Washington, D.C. 20004 Ft. Collins, CO 80522 Via Fascimile: 202-478-1734 Attn: Mike Russell Attn: Keith I. Ashby, CPPO Chief Financial Officer Buyer 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, Project 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 reports and specifications 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, and errors and omissions insurance in the amount of 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 One Hundred Thousand Dollars ($100,000.00) plus reimbursable direct costs. All travel, and travel expenses will be pre - authorized. Monthly partial payments based upon the Professional's billings and itemized PSA 05/01 2 statements will be made within ten (10) days of receipt of invoice. 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 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 plans, reports, and incidental work furnished hereunder shall not in any way relieve the Professional of responsibility for the quality of PSA 05/01 the work. 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. 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. 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. esA O5/01 \� 1 �• i •�. Ire APPROVED AS TO FORM: X-ssistaff City Attorney THE CIT//Y�� OA�F FORT COLLINS, COLORADO Afin F. Fischbach City Manager M Jargres B. O'Neill II, CPPO, FNIGP o Purchasing & Risk Management `2 The Carmen Grad gcl By: Title: Dav Carmen, President & CEO CORPORATE PRESIDENT OR VICE PRESIDENT Date: February 26, 2002 ATTEST: (Corporate Seal) Corporate Secretary Assistant PSA 05/01 EXHIBIT A SCOPE: The consultant will assist the City of Fort Collins in securing federal funds and will provide the below professional services: 1. Develop and implement a plan for submitting grant requests to the appropriate congressional committees; 2. Assist the City of Fort Collins staff in the preparation of the funding requests; 3. Work closely throughout this process with the Colorado Congressional delegation and provide assistance to the delegation to insure their awareness and support for these projects; 4. Work to prepare and present testimony before Congressional committees and/or any other agency deemed as appropriate for receiving information on the funding requests; 5. Provide the City of Fort Collins with any research and technical back-up to secure the federal funding; 6. Arrange and coordinate any meetings with the Colorado Congressional delegation and staff and other key Congressional leaders for City of Fort Collins officials while they are conducting business in Washington; 7. Provide regular updates on Congressional activities that impact the FY2003 or subsequent transportation appropriations bills; 8. Provide any needed support in drafting letters to the Congressional delegation; 9. Schedule three (3) meetings annually in Fort Collins to discuss project; and 10. Prepare annually, after the President signs into law the transportation appropriations bill, a written summary of the consultant's analysis on "why" this grant request process was successful or unsuccessful.