HomeMy WebLinkAboutCLAIRE B LEVY - CONTRACT - RFP - P960 HEARING OFFICER SERVICES FOR LAND USE CODE ISSERVICES 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 Claire B. Levy, LLC, 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 one
(1) page, and incorporated herein by this reference.
2. Tiime of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within fifteen (15) days following
execution of this Agreement Services shall be completed no later than December 31,
2005. Time is of the essence. Any extensions of the time limit set forth above must be
agreed upon in a writing signed by the parties.
3. Contract Period. This Agreement shall commence January 1, 2005, and
shall continue in full force and effect until December 31, 2005, unless sooner terminated
as herein provided. In addition, at the option of the City, the Agreement may be
extended for additional one year periods not to exceed four (4) additional one year
periods. Renewals and pricing changes shall be negotiated by and agreed to by both
parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning
and Budget Office will be used as a guide. Written notice of renewal shall be provided
to the Service Provider and mailed no later than ninety (90) days prior to contract end.
4. 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
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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.
5. Early Termination by CitWNotice. 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 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: Service Provider.
City of Fort Collins, Purchasing Claire B. Levy, LLC
PO Box 580 3172 Redstone Rd
Fort Collins, CO 80522 Boulder, CO 80305-7126
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.
6. 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 Fee Schedule attached hereto as Exhibit "B", consisting of
one (1) page, and incorporated herein by this reference. Monthly partial payments based
upon the Professional's billings and itemized statements of reimbursable direct costs are
permissible. 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
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hereto and upon the City's approval of the Professional's reimbursable direct costs.
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.
7. 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.
8. 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 hereunder for the payment of FICA, Workmen's
Compensation or other taxes or benefits or for any other purpose.
9. 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.
10. Acceptance Not Waiver. The City's approval or acceptance of, or
payment for any of the services shall not be construed bo 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
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 temps 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 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 adomey 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. Design Proiect 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
attomeys fees, arising directly or indirectly out of the Professional's negligent
performance of any of the services fumished under this Agreement The Professional
shall maintain commercial general liability insurance in the amount of $500,000
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combined single limits, and errors and omissions insurance in the amount of
15. 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.
16. 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.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
Ja s . O'Neill 11, CPPO, FNIGP
Di of Purchasing Risk Management
Date:
Claire B. Levy, LLC
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By:
PRINT NAME
C IOL%Pe %_.Ly11
CORPORATE PRESIDENT R VICE PRESIDENT
Date: t Z- I S'-y L/
ATTEST:. (Corporate Seal)
CORPORATE SECRETARY
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EXHIBIT "A"
SCOPE
Provide Hearing Officer Services pursuant to The City of Fort Collins Land Use Code.
The Code provides for two types of land use review: Type 1 — an administrative hearing
with decisions made by a hearing officer, and, Type 2 — a hearing by the City's Planning
and Zoning Board. Land uses eligible for each category of hearing are specifically
identified in each individual zoning district This position will serve as an independent
hearing officer to conduct Type 1 administrative hearings. The purpose of Type 1
hearings is to determine if relevant criteria, applicable to the proposed land use, have
been satisfied. This position reports directly to the Director of Community Planning and
Environmental Services, and makes these decisions under a specific delegation of
authority from the Director.
A. Services Required
Review Type 1 development applications for consistency with the City's Land
Use Code. Copies of the application and staff report are provided prior to the
public hearing.
2. Hold public hearings on each application with input from the staff, applicant and
members of the public. Meeting rooms, staff support, and recordings of the
hearing are provided by the City. In cases of appeal, the city will provide a
verbatim transcript of the hearing.
3. Issue a written determination (an example can be provided upon request) on
each application in accordance with the requirements of the land Use Code
within 10 calendar days of the public hearing. Responsible for preparation of all
written documents associated with the decision.
B. Time Commitment
Administrative Public hearing dates will be scheduled as required by the workload.
Since the inception of the administrative hearing process, the number of hearings
averages six per year, although the number is expected to increase. Agendas will be
established by the Current Planning Director. Meetings could extend up to six hours
depending on the agenda, complexity of the projects and the amount of public testimony.
Public hearings are typically held in the evening but may begin in the late afternoon
depending on the agenda.
NOV-27-06 MON 10:15 AM CITY/FT COLLINS, PURCHRS FAX NO. 970 2216707
EXHIBIT B
FEE SCHEDULE
PREPARATION: $130.00 per hour
(Time spent reviewing the packet and the code provisions
in preparation for hearings.)
HEARINGS: $150.00 per hour
TRAVELICOMMUTE TIME: $ 0 (no payment)
INCIDENTAL OUT-OF-POCKET EXPENSES: $ to be billed at cost
(Costs associated with this work: postage, delivery charges,
long distance telephone charges, and copying expenses that
go beyond ordinary and incidental copying.)
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