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Home My WebLink About274552 MAP COMMUNICATIONS INC - CONTRACT - RFP - P837 LP AFTER HOURS TELEPHONE ANSWERING SERVICE (3)PROFESSIONAL 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 MAP COMMUNICATIONS, INC., a corporation, hereinafter referred to as 'Professional'. 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 Professional agrees to provide After Hours Telephone Answering services for the City of Fort Collins Utilities. Answering services to be provided include answering a dedicated after hours phone line utilizing a specified Utilities protocol, forwarding calls, taking messages and information, logging them, contacting Utilities personnel via telephone and telephone pager, providing basic customer information and transferring information to the Utility. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated 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. Contract Period. This Agreement shall commence July 1,2002 and shall continue in full force and effect until June 30, 2003, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one-year periods not to exceed four (4) additional one-year periods. Pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90 days prior to contract end. PSA 05/01 1 4. 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: Grant Sibley Bob Hover Opal F. Dick, CPPO, Sr. MAP Communications, Inc. City of Fort Collins Buyer 840 Greenbrier Circle Electric Utilities Purchasing/Utilities Chesapeake, VA 23320 P. O. Box 580 City of Fort Collins 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. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional according to the following schedule: Initial Set -Up Fee: No Charge Initial Service Payment Due: 1s' and Last months Base recurring ($290.00 + $290.00 = $580.00) Fixed Monthly : $290.00 includes the first 300-minutes of receptionist time per month. After 300-minutes: PSA 05/01 2 Account billed at $0.90 per minutes, billed in 6-second increments. 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. 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. 8. 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. 9. 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 a waiver of any rights or benefits provided to the City under this Agreement. 10. 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. 11. Remedies. In the event a party has been declared in default, such defaulting party PSA 05/01 3 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. 12. 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 insure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 13. 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. PSA 05/01 THE CITY OF FORT COLLINS, COLORADO By: 6V/� L Ja es B. O'Neill II, CPPO, FNIGP Dire c r Purchasing &Risk Management DATE: `� 1 3 Zl/D L_ MAP COMMUNICATIONS, INC. 51 Title: PRESIDENT OR VICE PRESIDENT Date: Z—, o ATTEST: (Corporate Seal) Z�rp'oratela'ecretary PSA 05/01