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HomeMy WebLinkAbout275959 ISIS PUBLIC RELATIONS AND MARKETING - CONTRACT - CONTRACT - 3305967PROFESSIONAL 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 ISIS Public Relations & Marketing, 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 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 three (3) days following execution of this Agreement. Services shall be completed no later than June 30, 2004. 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: ISIS City of Fort Collins: Purchasing Utilities: Patty Bigner 231 Jefferson St. 215 N. Mason St. 700 Wood St. Ft Collins, CO 80524 Fort Collins, CO 80524 Fort Collins, CO 80524 PSA 05/01 1 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 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 on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: $150 Reimbursable direct costs: Billed at Cost with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Twenty One Thousand Five Hundred Fifty Dollars ($ 21,550.00). A payment of $10,775.00 shall be payable by the City of Fort Collins upon contract initiation. Final payment shall be paid at project completion. Final payment shall be based upon the Professional's billing reflecting itemized hourly and task statement and itemized statements of reimbursable direct costs for the entire project. Final payment shall be made following acceptance of the work by the City. Upon final PSA 05/01 2 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 a waiver of any rights or benefits provided to the City under this Agreement. PSA 05/01 3 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 of ten (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. PSA 05/01 4 THE CITY OF FORT COLLINS, COLORADO By: IUJ R,4 James B. O'Neill II, CPPO, FNIGP flO�A i Director of Purchasing & Risk Management DATE: IQ13 0VU3 ISIS PUBLIC RELATIONS AND MARKETING By: V Title: /LmI&, k- ' I CORPORATE PRESIDENT OR VICE PRESIDENT Date: t%, ) 03 ATTEST: (Corporate Seal) Corporate Secretary PSA 05/01 P£ EXHIBIT "a" High -Performing Home Public Awareness Campaign Phase tf Situation Analysis The City of Fort Collins, through its Utilities Department.. has long been a nationally moognIzed leader in fostering programs intended to conserve energy. A recent initiative--High-Performing Home Public Awareness Campaign --stems from a study developed jointly by Fort Collins Utilities and the City Building and Zoning Department. The study, 'Evaluation of New Horne Energy Efficiency," was published in June 2002. The goal of the campaign is to create Informed consumer and building communities that will influence the way homes are built. Campaign activities to date include completion of Phase I activities: • Campaign plan • Informational pocket folder, "What to Look for in A New Home" • Several In a series of fact sheets directed to the new home buyer (near completion) • Web site devoted to new home choices • Stakeholders' group focused on the high -performing home • Research into home builder and new home buyer attitudes and perceptions of the high -performing bete concept • NHBA breakfast • Relationship building Mh target builders, subcontractors, consumers • Speakingengagements/workshops on what to look for in a new home • Initial work on presentation format and materials for consumer awareness • Grant proposal to Office of Energy Management of Colorado to publicly launch the public awareness campaign Current partners in the effort include the Fort Collins U ilitdes Department; the City's Building and Zoning Department; E-Star Colorado, a statewide energy -efficiency advocacy agency; and OEMC. Togellher, the partners intend to develop a program that changes the way homes are built, with results measured in terms of energy efficiency, comfort, health, safety and durability, ISIS Public Relations & Marketing provided public relations and marketing support during the first phase of the campaign. The following Scope of Work outlines activities and assoolated fees for Phase it of the campaign. PJ Assist with CityIOEMCIEStar on enver)FC campaign launch for late October or early November, including messaging and promotion, o Up to 4 meetings to plan event o Create event plaNrespotasihiltdes/budge"eline o Develop event theme/messaging o Determine promotional tactics (printfradio advertising, flyers, Web site, emall, etc.) o Help develop media relations plan for event (news adviry, news release, PSA, release distribution, media follow up, etc.) Assist with preparation for printing by OEMC of the pocket folder and fact sheets already developed. a Work with Unities graphic designer to project manage revision of pocket former, 'What to Look for in A New Home o Ensure copy changes and graphic revisions are made to pocket folder o Ensure copy changes are made to 5-7 existing fact sheets Assist in development of the Whale Hoge Approach fact sheet assist with modification of the EStar fact sheet on cost effectiveness. a Edit fact sheets as needed' Assist with development of the consumer -oriented presentation materials. c Work with Customer Connections Manager to determine key messages a Edit existing power point presentation to support key messages a Determine visuals to support text o Develop display boards to supplement PPP o Develop handout or other collaterals to accompany PPP o Test PPP and accompanying materials with consumer audience o Revise PPP based on consumer feedback . - . 1 1=1 S I M PSA 05/01 7 Assist with development of network meetings described in the OEMC proposal (utilities, realtors, lenders, etc), o Work with Customer Connections Manager to determine target audiences a Determine distribution plan for oonsumer-focused cc>ilaterais • Draft short event plan to serve as template for up to 10 meetings • Determine key messages for invitaWn to meetings c Determine holy participants' comments, reactions, perceptions can be leveraged to further positively effect outcome of campaign Fees do not Ir4uds such hard costs as, • deso,prodocibn and printing of advertising• pieces • f Y !. ! • photography "-distance ar4 cellular telephona calls taxes courier services mad : tmking services oopies postage • or delivery mealsWel or oter travel costs associaW with work pe rformed + '7hese reirnbulsehM expemos mill be iten zad and billed s aratalyon each IVS invoice, PSA 05/01