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Home My WebLink About318701 BUSINESS ENTERPRISE MAPPING - CONTRACT - CONTRACT - 21278PROFESSIONAL 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 BUSINESS ENTERPRISE MAPPING, INC., hereinafter referred to as "Professional". W ITNESSETH: 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 one (1) page, 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 as soon as possible following execution of this Agreement, in accordance with the Work Schedule agreed upon between the City and Professional. Services shall be completed no later than April 1, 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: PSA 05/01 1 Professional: City: With Copy to: Business Enterprise Mapping, City of Fort Collins Police City of Fort Collins Purchasing Inc. Services Division 8900 E. Pinnacle Peak Road P.O. Box 580 P.O. Box 580 Suite D7 Fort Collins, CO 80522 Fort Collins, CO 80522 Scottsdale, AZ 85255 Attn: Ms. Susan Neiman, Attn: Mr. Ed Bonnette, Attn: Mr. Charles T. Long, Records Manager C.P.M., CPPB, Buyer Director Business Development 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 insurance coverages as described in Exhibit B. 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 Sixteen Thousand Seven Hundred Dollars ($16,700.00) plus reimbursable direct costs, with maximum compensation PSA 05l01 2 (for both Professional's time and reimbursable direct costs) not to exceed Twenty Thousand Dollars ($20,000.00), per Exhibit C. The amounts of any 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. 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 PSA 05/01 91 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 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. 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 inure 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. 14. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: J mes B. O'Neill II, CPPO, FNIGP Direct of Purchasing & Risk Management DATE: t PSA 05/01 4 Business Enterprise Mapping, Inc By: q/ Title: r f CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) Corporate Secretary PSA 05/01 EXHIBIT A BUSINESS ENTERPRISE MAPPING, INC. SCOPE OF WORK Business Enterprise Mapping, Inc. (BEM) proposes to provide to the City of Fort Collins Police Services (FCPS) the following Business Process Improvement Consulting Services through the utilization of the Business Enterprise Mapping program, BEM trained consultants, and BEM Program Materials described as Option 3: Phase I — Impact, as a follow-up to the previously conducted Business Assessment. Objectives of the Consulting Services will be the following: • Impact Project will focus upon eliminating and preventing report backlog. • Police Reporting and Criminal Justice Retrieval are the Targeted Processes. • Share results and solutions with Phoenix PD (@ no additional cost to FCPS; also, participation of neighboring Police Departments encouraged). Acknowledged Program Prerequisites: Fort Collins Police Services acknowledges the following: • That they must have the latest version of Visio software available (as of January 2004; the latest version is Visio 2003). • FCPS must provide BEM with an e-mail address and a copy of the FCPS logo in .tif format fora personal computer on diskette or via e-mail transmission to BEM at clients(a)businessmappin_q com no later than the first day of the program. Business Enterprise Mapping Inc. acknowledges the following: • That they must provide BEM Map Stencil and BEM Map Template to FCPS on diskette no later than the first day of the Program. All maps produced for FCPS shall be supplied via e-mail transmission. PSA 05/01 6 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. PSA 05/01 7 EXHIBIT C COMPENSATION 1) Training: A) First Payment: $8,350.00; to be payable upon execution of Professional Services Agreement and prior to First Visit (tentative dates December 6-9, 2004; upon successful execution of Agreement (see Section 2. Time of Commencement and Completion of Services). B) Second Payment: $8,350.00; to be payable 30 days after successful completion of First Visit, as confirmed by designated Project Manager from Fort Collins Police Services. C) Total Available for Training: $16,700.00 II) Materials: A) Process Owner and Release and Control Manual: $100 per unit. One unit per each attendee in the training session; number of attendees to be determined by Fort Collins Police Services, payment to be due prior to delivery of material. (FCPS anticipates 5-7 attendees). B) Internal Assessment: $100 per unit. One unit per each attendee in the training session; number of attendees to be determined by Fort Collins Police Services, payment to be due prior to delivery of material. C) Total Available for Materials: $1,400.00 III) Expenses: A) It is the intent of the City and Fort Collins Police Services to minimize, as much as is reasonable, any additional expenses by providing clerical, audiovisual, travel services, or other services as -needed. Designated Project Manager from Business Enterprise Mapping, Inc will review with designated Project Manager from Fort Collins Police Services expected expenditures for travel expenses (including airfare (Phoenix to Denver round trip), car rental, lodging, and meals). Expected time on -site is four days, plus reasonable allowances for overnight stay before and/or after presentation. B) Project Managers for BEM and FCPS will review any requirements for electronic white boards, data projectors, projection screens, or other audiovisual equipment prior to First Visit. The City may be able to defray project expenses by providing those requirements internally. C) Total Available for Travel and Other Expenses: $1,900.00 IV) Total Project Amount Not To Exceed $20,000.00 PSA 05/01 8 12/14/2004 12:12 PALUMBO INSURANCE 4 919702216707 NO.231 D01 ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE PRODUCER (SOS)SZO-175S FAX William Palumbo Insurance Agency, Inc. 12 Washington St. P. 0. Box 374 Franklin, MA 02038-0174 S T $ IUUUW ASA MATTER OF I OR A 0 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EMNO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAtC # INSURED Business Enterprise Mapping Jul i a James 8900 E. Pinnacle Peak Rd, Std7 Scottsdale, AZ S525S INSURERA: CNA INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEPN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR1 TYPE OF INSURANCE POLICYNUMBER DATE MID DA MMIODIYY LIAM GENERALUABILITY 174037820 05/22/2004 OS/22/2005 EACHOCCURRENCE $ 11000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR PREMISES MA �jogsq) S 00,00 110 MEO EXP (Arty One perm) $ 1 DD PERSONAL a ADV INJURY S 1,000,00( GENERAL AGGREGATE $ 2,000,00 CFxL AGGREGATE LIMIT APPLIES PER; POLICY jEC'7 LOC PRODUCTS-COMPIOPAGG S 2,000,00 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LDAR (Ea acadenl) E ALL OWNED AUTOS SCHEDULED AUTOS BODILY II41uRY IF&P"On) $ HIRED AUTOS NON -OWNED AUTOS BODILY {Per aeadent) t) 3,:ddc $ PROPERTY DAMAGE (ParaoWdent) S GARAGE LIABILITY AUTO ONLY - FA ACCIDENT $ ANY AUTO OTHERTNAN FA ACC S AUTO ONLY: AGG S FXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGAEGATE S S DEDUCTIBLE $ RETENTION $ S WORKERS COMPENSATION AND INC STATU- EMPLOYERS' LIABILITY TORS' LIMITS P1t E,L. EACH ACCIOENT Is ANY PROPRIETORIPARTNERJEXECUTWE OFFICER/MEMBER EXCLUOED7 If ves desaihe under E,L OISEABE• FA I7.1PLq S SPECIAL PROVISIONS below E.L. DISEASE POLICY LIMIT I $ OTHER DESCRIPTION OF OPERATIONS I LOCATICNs 1VEHICLE$ I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS rraTIC10Anre un, nvs City of Fort Collins Ed Bonnette 215 N Mason St 2nd Floor PO Box Sao Fort Collins, CO BOS22 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANC6LLE0 BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTFN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANYJPkZ UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 25(2001108) FAX: (970)221-6707 CAGORD CORPORATION 1908