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HomeMy WebLinkAboutCARMEN GROUP - CONTRACT - GENERAL CORRESPONDENCE - CARMENT GROUP THIRD AMENDMENTThird Amendment Carmen Group I N C O F P O R A T E 0 Via Email Transmission: ioneillQfcaov.com Originals to Follow by FedEx August 20, 2003 James B. O'Neill Il, CPPO, FNIGP Director of Purchasing and Risk Management City of Fort Collins Administrative Services Purchasing Division 215 North Mason Street, 2"d Floor Ft. Collins, CO 80522-0580 Re: Amendment to Professional Services Agreement Dear Mr. O'Neill: Please let this letter serve to memorialize the following Third Amendment to the attached Professional Services Agreement. Section 1. To be replaced in its entirety (including Exhibit "A") as follows. The City of Fort Collins (the City) shall be seeking earmarks in the FY 2004 Transportation, Treasury and Independent Agencies appropriations bill for the City's Job Access/Reverse Commute program and three high volume intersections. In addition, the City shall be seeking earmarks for these four projects plus the CSU Transit Center in legislation reauthorizing TEA-21. The consultant shall assist the City in securing federal funds and shall provide the professional services listed below for earmarks for the five projects in legislation reauthorizing TEA-21 and in the FY 2004 Transportation, Treasury and Independent Agencies appropriations bill: 1. Develop and implement a plan for working with our congressional delegation, their staffs, and the appropriate congressional committees to obtain authorization and appropriations for these projects; 2. Assist the City of Fort Collins staff in the preparation of the funding requests; assist the City with presentations and correspondence to the Colorado Transportation Commission and staff; Proven Process. Proven Results. �. Carmen Group I N C O N I O N A T l 0 Via Email Transmission* ioneill@fcgov.com Originals to Follow by Fedex February 3, 2003 James B. O'Neill II; CPPO, FNIGP Director of Purchasing and Risk Management City of Fort Collins Administrative Services Purchasing Division 215 North Mason Street, 2"d Floor Ft. Collins, CO 80522-0580 Re: Amendment to Professional Services Agreement Dear Mr. O'Neill: �6,a+ Please let this letter serve to memorialize the following Amendment to the attached Professional Services Agreement. Section 1. To be replaced in its entirety (including Exhibit "A") as follows. The City of Fort Collins (the City) shall be seeking an earmark in the reauthorization of TEA-21 for the Mason Transportation Corridor and the Fort Collins Transit Center at Colorado State University (CSU). Additionally, the City will be working via the Colorado Transit Coalition to secure an appropriation in FY2004 for the Transit Center at CSU. The consultant shall assist the City in securing federal funds and shall provide the below professional services for an earmark of the two projects in the reauthorization of TEA- 21: 1. Develop and implement a plan for working with our congressional delegation, their staffs, and the appropriate congressional committees to obtain authorization and appropriations for these projects; 2. Assist the City of Fort Collins staff in the preparation of the funding requests; assist the City with presentations and correspondence to the Colorado Transportation Commission and staff; 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; particularly with Representative Musgrave; 4. Work to prepare and present testimony before forreceiving ssional committees and/or nformat on on the funding any other agency deemed as appropriate 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 appropriation bills; 8. Provide any needed support in drafting letters to the Congressional delegation; 9. Schedule one (1) irneeting annually in Fort Collins to discuss project; 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. Section 2. Add the following sentence: "By agreement of the parties, the contract for services shall be extended to April 30, 2003. Section 5. Add the following second sentence. 'The Professional shall be paid an additional Twenty One Thousand Eight Hundred Seventy Five Dollars ($21,875) for fees for the extension period and scope of work referred to in Amended Sections 1 and 2. Payment shall be as follows: 03/15/03 $83750+ costs603 E216l03 $8750+costs01/0To $475 +costs163 We have enclosed three (3) self addressed Fedex Envelopes for your payment convenience. If you have any questions or I can do anything to further expedite the process, please feel free to give me a ring at my direct dial (202) 218-4164, or my mobile (202)262- 4990, at any time. I am also on 24 hour email notification at pais@carmengroup.com. We appreciate the continuing opportunity to service Ft. Collins. Warme gards, Su a ai G neral Counsel Accepted and Agreed to this day of February, 2003 By: .}tames B. O'Neill ll, CPPO, FNIGP Dire.cior of Purchasing and Risk Management. City of Fort Collins Cc: Mke Russell , Diane Jemmott' Client File Encl: 2 Originals of this Letter 3 Return Fedex Envelopes PROFESSIONAL SERVICES AGREEMENT Exhibit A 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 WITNESSETH: !• ants and obligations herein expressed, it is agreed by In consideration of the mutual coven and between the parties hereto as follows: 1. Scoo_ a of Services. The Professional agrees to provide government relations funding in the fY 2003 Transportation Appropriations bill in the Federal services relating to securing "---Transit Administrations program for new starts and -bus and_ bus -facility grants sec. 5309, and in es attached hereto as Exhibit "A"; consisting of one (1).page, accordance with the scope of servic 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, Earl =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.pdor 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: The Carmen Group, Inc. 1299 Pennsylvania Ave. NW Eighth Floor West Washington, D.C. 20004 Attn: Mike Russell Chief Financial Officer City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: Keith I. Ashby, CPPO Buyer With Copy to: Diane Jemmott, V.P. Public Sector Div. The Carmen Group, Inc. Via Fascimile: 202-478-1734 In theeventof any such early termination by the City, the Professional shall be paid for services of termination, subject only. to the satisfactory performance of the rendered prior to the date der this Agreement. Such payment shall be the Professional's sole right Professional's obligations un and remedy for such termination. Pro'�ct Indemnityand Insurance Responsibility. 4 Desi n The Professional shall be responsible for the prolessional quality, technical accuracy, timely completion and-ihe 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 nd for the City's costs and reasonable attorneys fees, arising directly or parties against the City; a indirectly out of the Professional's negligent performance of any of the services fumished under this ial general liability insurance in the amount Agreement. The Professional shall maintain commerc of $500,000 combined single limits, and errors and omissions insurance in the amount of 5. Como_ e� n� n• 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 Thousanc 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 itemize 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. .` g, Cp � 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 Commencing ^(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. g. 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 Accordingly, the Professional shall neither assign any agreement for personal services. responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. _ A-,n ntnnr.R. Not Waiver. The City's approval of plans, reports, and incidental work the work. The City's approval or acceptance of, or payment for, any of the services shall not be is or benefits provided to the City under this Agreement. construed to operate as a waiver of any righ 11. Default. Each and every term and condition hereof shall be deemed to be a material In the event either party should fail or refuse to perform according to element of this Agreement. the terms of this agreement, such parry may be declared in default. 12, Remedies. In the event a party has been declared in default, such defaulting party ten (10) days within which to cure said default. In the event the default shall be allowed a period of Agreement and seek remains uncorrected, the party declaring default may elect to (a) -terminate the damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail quity. If the non defaulting parry commences legal or himself of any other remedy at law or e the defaulting party shalt be 'fiaf3le to the equitable- actions =against -the defaulting party, for the non-defauiting patty's reasonable attorney fees andT costs incurred non -defaulting _party , 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. LawlSeverability. The laws of the State of Colorado shall govern the construction, ent of this Agreement. In the event any provision of this interpretation, execution and enforcem 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. THE CITY nFORT COLLINS, COLORADO By. Joh . Fischbach City Manager By: Je es B. O'Neill II, CPPO, FNIGP Dire or Purchasing & Risk Management DATE: .3 ZS— EST: Ciry Clerk APPROV D AS TO ORM: • Assista City Attorney The Carmen r up, Inc. By: vi armen Title: Pre6l&Mt 4. 4E0 CORPORATE PRESIDENT OR VICE PRESIDENT Date: Febrvary. 9-& , 2002 ATTEST: (Corporate Seal) rporate cretary Assistant 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; al on and 3. Work closely throughothehdelegation towith nsure theiColorado awareness andnsupport for these provide assistance to projects; 4. Work to prepare and present c testimony b g infofore rmation ion on the fundiressional ngtees requests;. r any other agency deemed as appropriate di _ 5. Provide the - CRY bf Fort Collins with any research and technical b9c to secure the federal funding; 6. Arrange and coordinate any eade swith forthe CityColorado Fort Collins' offic alsewhile theyand sare and other key Congressional l 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 ion ons ill, a 10. Prepare ummary oafter f thehe President consultant'ssigns analysiso on "why" this this grannt request rpro'cesswas written summary successful or unsuccessful. 3. Work with City of Fort Collins and Colorado delegation to identify potential sources of federal funds for other Fort Collins transportation projects; 4. 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; 5. Work to prepare and present testimony before Congressional committees and/or any other agency deemed as appropriate for receiving information on the funding requests; 6. Provide the City of Fort Collins with any research and technical back-up to secure the federal funding; 7. 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; 8. Provide regular updates on Congressional activities that impact the FY2004 or subsequent transportation appropriation bills; 9. Provide any needed support in drafting letters to the Congressional delegation; 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. Section 2. Add the following sentence: "By agreement of the parties, the contract for services shall be extended to December 31, 2003 on a month -to -month basis." Section 5. Add the following second sentence. "The Professional shall be paid an additional Thirty Five Thousand Dollars ($35,000) for fees for the extension period and scope of work referred to in Amended Sections 1 and 2. Payment shall be as follows: 09/01/03 To 09/30/03 $8,750 + costs 10/01/03 To 10/31/03 $8,750 + costs 11 /01 /03 To 11 /30/03 $8,750 + costs 12/01 /03 To 12/31 /03 $8,750 + costs We have enclosed four (4) self addressed Fedex Envelopes for your payment convenience. If you have any questions or I can do anything to further expedite the process, please feel free to give me a ring at my direct dial (202) 218-4164, or my mobile (202)262- 4990, at any time. I am also on 24 hour email notification at pais@carmengroup.com. Client Contract Extension 2003C 08-20 Ft. Collins Page 2 of 3 We appreciate the continuing opportunity to service Ft. Collins. Warmest regards, Da /iCarmen President and CEO Accepted and Agreed to this day of August, 2003 By: /Z /It� *4 " Ja es B. O'Neill II, CPPO, FNIGP rctor of Purchasing and Risk Management tv of Fort Collins cc: Mike Russell Gary Hoitsma Client File Encl: 2 Originals of this Letter 1 Return FedEx Envelope Client Contract Extension 2003C 08-20 Ft. Collins Page 3 of 3 • Sccond Amendment Carmen Group , , , o e r o a r t 0 Via Email Transmission: .oneill fc ov.com Originals to Follow by FedEx April 22, 2003 James B. O'Neill II, CPPPo,, FNIGP R s Management Director of Purchasing andCity of Fort Collins Administrative Services Purchasing Division 215 North Mason Street, 2nd Floor Ft. Collins, CO 80522-0580 Re: Amendment to Professional Services Agreemeht — -- Dear Mr. erve to memorialize the following Second Amendment to the Pl ease let this letter s • attached Professional Services Agreement. Section 1. To be replaced in its entirety (including Exhibit "A") as follows. The City of Fort Collins (the City) shall be seeking an earmark in the reauthorization of TEA-21 Transit Center at Colorado Coal tion to secure (an appropriation inyFY2004 for , the City lthe e working via the Colorado Transit Transit Center at CSU. City in s and The consultant shall assist tea mark of the 'two projects ng federal u tishall the reautho ization of TEA - professional services for an 21: 1. Develop and implement a plan for workin with o r congressionamittees to obtl d l gatiozation their staffs, and the appropriate congressional and appropriations for these projects; 2. Assist the City of Forte ellins staff in the prepantations and corrre porndence to the Coloradoation of the funding uests; assist the City with p Transportation Commission and staff; --._._ _...i. f 3, Work with City of Fort Collins and Colorado delegation to identify potential sources of federal funds for other Fort Collins transportation projects; 4. Work closely throughout this process with the Colorado Congressional delegation istance to the delegation to insure their awareness and support and provide ass for these projects; 5. Work to prepare and present testimony before Congressional committees and/or any other agency deemed as appropriate for receiving information on the funding requests; 6. Provide the City oFortfundCollins with any research and technical back-up to secure the federal g. 7.. 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; 8. Provide regular updates on Congressional activities that impact the FY2004 or subsequent transportation appropriation bills; support in drafting letters to'the Congressional delegation; g. Provide any needed Io.Schedule one (1) meeting annually in Fort Collins to discuss project; 11. Prepare annually, after the President signhe ctonsulo law t nt's analysis the ton '"why" this appropriations bill, a written summion ary grant request process was successful or unsuccessful. Section 2. Add the following sentence: "By agreement of the parties, the contract for services shall be extended to August 31, 2003 on a month -to -month basis." Section 5. Add the following second sentence. "The Professional shall be paid an additional Thirty Five Thousand Dollars ($35,000) for fees for the extension period and scope of work referred to in Amended Sections 1 and 2. Payment shall be as follows' We have enclosed four (4) self addressed Fedex Envelopes for your payment convenience. • If you have any questions or I can do anything to further expedite the process, please feet free to give me a ring at my direct dial (202) 218-4164, or my mobile (202)262- 4990, at any time. I am also on 24 hour email notification at pais@carmengroup.com. We appreciate the continuing opportunity to service Ft. Collins. Warm gards, Susan Pai General Counsel Accepted and Agreed to this w day of April, 2003 By. O'Neill II, CPPO, NIGP Jams and Risk Management Dire of Purchasing City of Fort Collins Cc: Mike Russell Diane Jemmott' - Client File ' Encl: Originals 4 Return FedEx Envelopes Carmen Group I M C O A I O A 4 T A O First Amendment Via Email Transmission: 'oneill fc ov.com Originals to F0110w by Fedex February 3, 2003 James B. O'Neill Il, CPa, FNIGP Risk Management _ Director of Purchasing and City of Fort Collins Administrative Services _ ---- Purchasing Division na Floor - - 215 North Mason Street, 2 .-= Ft. Collins, CO 80521-0580 -•- Re: Amendment to Professional Services Agreement = Dear Mr. O'Neill: Please let this letter serve to memorialize the following Amendment to the attached Professional Services Agreement. Section 1. To be replaced in its entirety (including Exhibit "A") as follows.. an earmark in the on The City of Fort Collins City) 1lbe Corridor'and the Fort Collins Transit Centerr at f TEA-21 for the Mason Transportation Colorado State University (CSU). Additionally, the City will be working via the Colorado Transit Coalition to secure an appropriation in FY2004 for the Transit Center at CSU. sha l provide the The consultant shall a ng federal funs and osist the r an earmark i of the ty in securItwo projects int he rea reauthorization of TEA ow professional services f 21: 1. Develop and implement a plan for working with our congressional delegation, their staffs, and the appropriate congressional committees to obtain authorization and appropriations for these projects; 2. Assist the City of Fort Collins staff in the preparation of the funding requests; City with presentations and correspondence to the Colorado assist the on and staff; Transportation Commissi closely throughout this process with the Colorado Congressional delegation 3. Work delegation to insure their awareness and support and provide assistance to the deleg ntoincurRepresentative Musgrave; for these projects; particularly with re and present testimony before Congressional committees and/or 4. Work top Pare riate for receiving information on the funding any other agency deemed as appro P requests', 5. Provide the City of Fort Collins with any research and technical back-up to "secure the federal funding; e and coordinate any meetings with the Colorado Congressional 6. Arrange Congressional leaders for City of Fort Collins delegation and staff and other key conducting business in Washington; officials while they are Provide regular updates on Congressional activities that impac1. t the FY2003 or 7. appropriation bills; :- subsequent transportation app P -_• ' support in drafting letters -to the-CongessionaldeNegation; 8. Provide any needed 1 meeting annually in Fort Collins to discuss project; g. Schedule one ( ) of the consultant's analysis on "why" this 10.Prepare annually, afteVr'>�e President signs into law the transportation appropriations bill, a grant request process was successful or unsuccessful. sentence: "By agreement of the parties, the contract for sen Section 2. Add the following ce 2003. services shall be extended to April Section 5. Add the follOVAng second sentence. "The Professional shall be paid an Five Dollar� additional Twenty One Thousand Eight f work referred to inyAmended Section s1 and 2 fees for the extension period and stop Payment shall be as follows: _ ssed Fedex Envelopes for your payment We have enclosed three (3) self addre convenience. 'Y J. If you have any questions or I. can do anything to further expedite the process, please feel free to give me a ring at my direct dial (202) 218-4164, or my mobile (202)262- 4990, at any time. I am also on 24 hour email notification at pais@carmengroup.com. We appreciate the continuing opportunity to service Ft. Collins. Warme arub, su a ai G neral Counsel Accepted and Agreed to this day of February, 2003 By: CPPO, FNIGP James B. O'Neill 11, Direc•{or of Purchasing and Risk Management City of Fort Collins - -- Cc: Mke Russell Diane Jemmott Client File Encl: s Letter ' 3 Return s of l u n Fedex Envelopes