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HomeMy WebLinkAboutCOLORADO STATE UNIVERSITY - CONTRACT - CONTRACT - COLORADO STATE UNIVERSITY SERVICE AGREEMENTCity of Fort Collins Admii xative Services Purchasing Division LETTER OF TRANSMITTAL To: Carrie Daggett, Assistant City Attorney✓ John Fischbach, City Manager Wanda Krajicek, City Clerk From: James B. O'Neill II, CPPO %2,,, 7 Director of Purchasing & Risk�nagemmenC_ Date: February 2, 2000 Re: Colorado State University Service Agreement Attached find four (4) sets of contract documents regarding the above -mentioned matter. Would you approve as to form and forward to the City Manager for signature. The bidder received the award through an exception to the competitive process. John, please forward to the City Clerk after you sign the agreement. Wanda, please call Purchasing, Jim will come over, sign the contracts and have you attest his signature. Would you call Purchasing when that is completed. Thank you. 256 W. Mountain Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 EXHIBIT "B" CARS, CULTURES & CURES PROJECT FOR THE CITY OF FORT COLLINS REVISED 01/20/2000 National Center for Vehicle Emissions Control and Safety Category Cost Personnel $12,000 Fringe 17.8% 2,136 Travel 1,401 Equipment -0- Materials and Supplies 3,000 Other 45,273 Total Direct Charge 63,810 Indirect Costs: 24.5% Base 15,633 TOTAL $79,443 Service Provider will invoice as follows: 1/3 at issue of Purchase Order $26,481 1/3 after half of project is completed $26,481 1/3 after project is completed $26,481 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 COLORADO STATE UNIVERSITY, 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 three (3) 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 within ten (10) days following execution of this Agreement. Services shall be completed no later than twelve (12) months, after the effective date of this agreement. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing signed by the parties. 3. Delay. 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 the 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. 4. Ewa y 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 SA 10/97 1 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: Sarah Fox City of Fort Collins Transfort P. O. Box 580 Fort Collins, CO 80522 Service Provider: Birgit H. Wolff, Ph.D Colorado State University 108 Johnson Hall Drawer C Fort Collins, CO 80522-0450 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, the sum of Seventy -nine -thousand Four -Hundred thirty-three Dollars ($79,433.00). Cost Breakdown is attached hereto as 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 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 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 SA 10/97 2 hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 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 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. Warr . (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 workmanship/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. Defaul. 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 SA 10/97 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 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. 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. 15. 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. SA 10/97 4 CITY OF FORT COLLINS, COLORADO a municipal corporation By: Q-g I '-h.12--g— Joh F. Fischbach Manager �f By: D / x-V Jam B O'Neill II, CPPO Dire to of Purchasing and Risk Management Date: TTEST: City Clerk �FTROVED AS TP F Assistant City Attorne COLORADO STATE UNIVERSITY Title Date: SA 10/97 EXHIBIT A Cars, Cultures, and Cures Project Introduction The World Resources Institute estimates that Americans pay an extra $300 billion per year in expenses directly related to over -reliance on the automobile. Local preventative initiatives are emerging as a critical element in curtailing automobile usage, reducing environmental damage, and raising alternative transportation awareness. Project Scope Pre -driving age students (specifically middle school 9`h graders) are prime candidates for enhanced environmental awareness and action -step development that will prevent long-term chronic over -reliance on automobiles. The National Center for Vehicle Emissions Control and Safety (NCVECS) in partnership with the City of Ft. Collins and the Poudre School District proposes the following program outline of activities leading to heightened environmental responsibility related to automobile usage within the 9"h grade population. Developmental Activities 1. Conduct preliminary content research with Poudre R-1 middle schoolteachers and/or curriculum coordinators offering environmental science courses or related subjects to 9`h graders. This activity will provide insights into specific environmental content areas currently being presented, and will form a foundation for the development of an integrated "Cars, Cultures and Cures" curriculum. Identify up to 8 volunteer PSD middle school teachers and/or curriculum coordinators who will present and/or approve the "Cars, Cultures and Cures" curriculum for 9`h graders. Convene a focus group for the purpose of gaining insights into overall objectives, venues, means, and activity options related to the "Cars, Cultures and Cures" curriculum. 3. Identify up to 10 volunteer PSD 9`h grade students who will be presented with the "Cars, Cultures and Cures" curriculum as part of their regular class activities. Convene a focus group for the purpose of developing ideas and receiving feedback on the most effective means, venues, and activities that will have the greatest impact on reducing vehicle usage within their peer group. Both faculty and student focus groups will be presented with previously conceptualized modules that will serve as a basis to create additional ideas. Some suggested module topics are: (a) "Getting There". Students would complete an inventory of essential and non -essential travel over a 2-week period and analyze its impact on individuals and the community. (b) "Car-Scape". Students would inventory and calculate the land area in a neighborhood used for car - related purposes; i.e. streets, parking lots, etc. (c) "Killer Cars". Students would research and report on local investigations of death and injuries. Police reports, newspapers, could be used. (d) "Policies for Prevention". Students would conduct a study of how local planning and zoning policies affect driving. (e) "To the Table". Students would calculate costs for transporting food from source to table. (f) "Stay Home". Students would calculate how much could be saved if people stayed home one week extra a week/month/year. (g) "Total Energy". Students would learn to calculate energy expended to produce a gallon of gas. (h) "Fast Food". Students would observe the number of cars idling at drive -ups and calculate emissions. (i) "Cruisin". Students would calculate the environmental costs of Friday night cruising. 0) "Recycled Cars". Students would investigate what can be done with `dead cars'. (k) "Who Needs A Car?" Students develop various means of transportation other than cars for getting from one place to another. 4. From focus -group evaluations, individual modules will be developed by NCVECS. Modules will include specific objectives, outcomes, activities, means, venues, and resources for both students and teachers. This will also include all media and computer related materials. Modules will be written in accordance with PSD curriculum guidelines and will be approved before a student pilot group presentation is made. Teacher materials and guidelines will be designed for ease of use and transferability to others. 5. Adjunct web site activities will be evaluated in terms of viable costibenefit options for the purpose of on -going reinforcement of vehicle drive -time reduction. If it is cost-effective and funding permits, a web -site program will be developed for the purpose of reinforcing student Internet users. Other reinforcement materials such as T-shirts, stickers, etc., will also be evaluated. Pilot Group Activities 6. A teacher who has actively participated in the development of this program will present a pilot "Cars, Cultures and Cures" program to approximately ten 91h grade student volunteers. An evaluation for both students and teachers will be given following the pilot program. 7. From the pilot evaluations, module refinements will be made. The final program will then be submitted to PSD for final implementation approval. Implementation 8. Upon program approval, a one-time in-service session will be offered by NCVECS for teachers implementing the "Cars, Cultures and Cures" program. 9. A comprehensive plan to implement the "Cars, Cultures and Cures" program for 9th graders in other schools will be facilitated in conjunction with participating teachers and curriculum coordinators.