The URL can be used to link to this page

Home My WebLink About231325 HART INTERCIVIC - CONTRACT - RFP - P875 MAIL BALLOT ELECTION APRIL 2005PROFESSIONAL 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 Hart Intercivic Inc., 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 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 five (5) days following execution of this Agreement. Services shall be completed no later than March 21, 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: Professional Services Agreement —January, 2005 1 Professional: City: With Copy to: Hart Intercivic Inc. City of Fort Collins, City of Fort Collins, City Clerk Attn: Jimmy Dyer Purchasing 300 La Porte Ave 2821 Cullen Street PO Box 580 Fort Collins, CO 80521 Fort Worth, TX 76107 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, and errors and omissions insurance in the amount of N/A 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee, not to exceed the amount of One Hundred Twenty Five Thousand Three Hundred Dollars ($125,300), based on the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this Professional Services Agreement —January, 2005 2 reference. 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 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 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 Professional Services Agreement —January, 2005 i7 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. 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 often (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 Professional Services Agreement —January, 2005 4 holding shall not invalidate or render unenforceable any other provision of this Agreement. SEAL City Clerk APPROV O ORM: Assista 'ty ttorney THE CITY OF FORT COLLINS, COLORADO By: es B. Neill II, CPPO, FNIGP Directo Purchasing & Risk Management DATE:�A S- Hart Intercivic Inc. By: �----- ----------- Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date:++_ Z �� ATTEST: rporate _Secreta_____---------ry _ (Corporate Seal) �Ssu��t Professional Services Agreement —January, 2005 HART interciviC January 10, 2005 City of Fort Collins Purchasing Division 215 North Mason St_ Fort Collins, Colorado 80521 Re: Mail in Election Ballots Proposal for April 5, 2005 Hart Intercivic, Inc. currently supplies scanner, paper, AVM, and electronic ballots to over 2500 counties in 10 States. We are certified by the Diebold Global Election Systems. Inc and ES&S to produce Global, Optech, and AIS Ballots. Colorado references are included in this proposal. We are pleased to present the following prices. Colorado Representative: Jimmy Dyer, 2821 Cullen St. Ft Worth, TX 76107 and Plant Representative: Phone: (800) 792-8788 Fax: (877) 942-3667 Cell: (972) 489-5059 Home: (972) 617-5829 idveKoharticcom Dp Representative: Jeanne Kingery, 4999 Kingston Street Denver, CO 80239 Phone: (303) 371-0566 Fax: (303) 371-2341 Plant Location: Ballots: 2821 Cullen St. Fort Worth, TX 76107 (800) 792-8788 Tabors & Mailing: Sprint Press 4999 Kingston Street Denver, CO 80239 Attn: Michael Erhman (303) 371-0566 Fax: (303) 371-2341 Mailing Location: Fort Collins Post Office, 1117 W. Drake Street Fort Collins, CO Ballot Printing: OCR grade 9M index. Electronic imposition and film output, conventional lithographic or off-line on high speed ink jet. With in line numbering- Trimmed on programme Schedule: 2/25 - Ballot artwork sent to them by Diebold Election Systems. 311 after 5 p.m. - Hart given OK to print (following deadline to withdraw) 3/21 - Deadline to mail ballots Professional Services Agreement —January, 2005 6 Unit City Price Costs: Tabor Notices (up to 12 pages) ea 56,000 $0,32 Layout & design; printing, database Verification, addressing, sorting and delivery Estimated Postage ea 54,000 $0186 Ballots Packages ea Kato $0.72 (includes printing, format changes, perforating, Stub imprinting, numbering, folding, scoring, envelopes, secrecy sleeves, freight included) Ballot Mailing ea 76,000 (includes inserting, sealing, addressing, and delivery to post office) Estimated Postage ea 76,000 Poll Book ea 1.0 Total Ballot Cost Ow Extension $17,920.00 $10,044 GO $61,92000 $21,280.00 $0,186 $14,136.00 Included with Mailing $125,300.00 Tabor cost based on 8 to 12 pages. 8.5 x 5-5 booklet Ballot cost based on 8.5 x I I up to 85 x 14 size with color coding and stub- 13 ballot styles. Additional styles will be charge at $50.00 per format. Postage estimates subject to changes from USPS. Po Sub Contractors: Envelopes manufactures by Texas Envelope Co, Dallas, Texas Tabor and Mailing servies Sprint -Press, 4999 Kingston street, Denver, CO 80239 Attn: Michael EThman Phone: (303) 371-0566 Fax: (303) 371-2341 Ballots can be delivered in the time frame requested. Should you have any questions, please call me at (800) 792-8788. We took forward to working with you. Sincerely, Jimmy D. Dyer Election SpecialiOperation Manager Hart Intercivic, Inc. Fed Worth Division Professional Services Agreement —January, 2005 7 Physical Location: Remit To: Hart Intercivic, Inc 2821 Cullen St. Fort Worth, Texas 76107 Tax I.D_ 953248916 Colorado References: El Paso County J. Patrick Kelly, Clerk & Recorder 200 S. Cascade Ave. Colorado Springs, CO 80903 (719) 520-6278 SUMMIT COUNTY, COLORADO Vicky Stecklein 208 Lincoln Breckenridge, CO 80424 (970)453-3479 LAKE COUNTY COLORADO Patty Berger County Clerk & Recorder 505 Harrison Avenue Leadville, CO 80461 (719)486-4134 Professional Services Agreement —January, 2005 8 Hart Intercivic, Inc_ Dept. 0453 P_O. Box '120453 Dallas, Texas 75312-0453