HomeMy WebLinkAboutCHERYL ASMUS PHD ENVIRONMENTAL BEHAVIOR CONSULTANT - CONTRACT - CONTRACT - BOHEMIA SURVEYPROFESSIONAL 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 Cheryl Asmus, Ph.D, doing business as Environmental Behavior Consultants,
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:
Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of two (2) 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 immediately following execution of this Agreement.
Services shall be completed no later than January 3, 2005. 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:
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Professional: City: With Copy to:
Cheryl Asmus, Ph.D City of Fort Collins, Purchasing Transfort
DBA Environmental Behavior Consultants Attn: David Carey Attn: Jamie Moyer
4056 LaVeta Drive PO Box 580 PO Box 580
Loveland, CO 80538 Fort Collins, CO 80522 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.
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 a fixed fee in the amount of Five Thousand Three
Hundred Twenty Four Dollars ($5,324). All such fees and costs shall not exceed Five Thousand
Three Hundred Twenty Four Dollars ($5,324). Monthly partial payments based upon the
Professional's billings and itemized statements are permissible. The amounts of all such partial
payments shall be based upon the Professional's City -verified progress in completing the services to
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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 hereunderfor 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
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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 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.
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CI
THE CITY OF FORT COLLINS, COLORADO
BY:
a es B. 'Neill II, C PO, FNIGP
Directo Purchasing & Risk Management
DATE: It l' a 1 O`C
Cheryl Asmus, Ph.D
DBA Environmental Behavior Consultants
BY:
Title: S5ZO-
CORPORATE PRE (DENT OR VICE PRESIDENT
Date: �k /S &toA
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SCOPE
On -Board Survey of Youth: EBC recommends that a minimum of 60 youth
are surveyed from several (minimum of 5) bus routes. EBC will have a trained
surveyor ride the bus and collect the data by approaching youth riders and asking
them to complete the survey which will be on a clipboard and available in both
English and in Spanish.
Route 14 Survey: EBC recommends that surveys encompass all riding hours
for two week days and both Friday and Saturday for a one week period to have
results comparable to previous years. The survey will be identical to previous Route
14 surveys with additional questions for youth under the age of 14 to add to the
On -Board Survey of Youth data.
All data will be analyzed and reported by Environmental Behavior
Consultants.
Deliverables:
• A report bound in a spiral book that will include: An executive summary;
methodology; reliability of measure; participant comments; graphs and tables of
all results.
• A copy of the report on a diskette and a Compact Disk.
• The disk will also contain a PowerPoint presentation of the results and all of the
entered data in SPSS for Windows for ease in future data collection and
comparison of results.
• All "completed" surveys for Transfort record -keeping.
• The On -Board Youth survey and Route 14 survey will consist of questions
aimed at addressing:
Demographics
Trip Purpose
Satisfaction
Estimate of vehicle miles saved
Estimate of money saved by average rider
Estimated youth ridership
Testimonials
• The Route 14 data analysis will include:
Marketing responses
Response rates for each question
Proportion of respondents choosing each response on each question
Changes from the past surveys
Strengths and weaknesses of the Route 14 service
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Transfort Youth Survey 2004
Budget and Timeline
Action/Steps
Timeline
Cost
Develop Bohemian Foundation Youth Survey (BFYS)
10/25
$100
Get approval of BFYS by Transfort
11/1
$0
* If the survey is not approved by this date, all
other dates will move up accordingly.
Have BFYS survey translated into Spanish
1 1 /8
$150
Prepare and copy BFYS and Route 14 surveys
10/25
$150
(660)
Conduct surveys
Bohemian Foundation: Trained surveyor rides a
1 1 /29 -
$640
minimum of five routes (excluding Route 14) or
12/12
until 60 youth ages 17 and under are surveyed.
(Estimated: Five routes X 8 hours X $16/hr)
$1,024
Route 14: Trained surveyor rides bus for one week,
Monday, Wednesday, Friday and Saturday from
6AM to 2PM: @ $16.00/hour = $128.00/day X 4
days = $512.00
Route 14: Trained surveyor rides bus for one week,
Monday, Wednesday, Friday and Saturday from
6AM to 2PM: @ $16.00/hour = $128.00/day X 4
days = $512.00
Survey analysis
Enter data (10,hours X $50/hour = $500)
12/12
$3,100
Create database (2 hours X $50/hour = $100)
through
Analyze data (2 hours X 6 routes X $50/hour =
12/31
$600)
Prepare report (6 hours X 5 routes plus 8 hours for
Rte. 14 X $50/hour = $1,900)
Report costs:
2 fully bound color report, binding, CD
$160
Total and Report Due
1/3/2005
$5,324
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