HomeMy WebLinkAbout298126 MARTIN ASSOCIATES - CONTRACT - CONTRACT - 24511PROFESSIONAL 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 Brenda Martin an individual, doing business as Martin & Associates, hereinafter
referred to as "Professional".
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 one (1) page[s], 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 on January 1, 2006. Services shall be completed no
later than December 31, 2006. 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:
Martin & Associates City of Fort Collins — Purchasing City of Fort Collins — Museum
Brenda Martin PO Box 580 PO Box 580
926 Pear St. Fort Collins, CO 80522 Fort Collins, CO 80522
Fort Collins, CO 80521
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. 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.
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 Thirty Thousand
($30,000) plus reimbursable direct costs. All such fees and costs shall not exceed Thirty Thousand
($30,000). 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
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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
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 everyterm 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.
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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
holding shall not invalidate or render unenforceable any other provision of this Agreement.
THE CITY OF FORT COLLINS, COLORADO
By: . V,
Js B. O'Neill II, CPPO, FNIGP
Director urchasing & Risk Management
DATE: rl !/ i ti / r__>s
Brenda Martin
Doing business as Martin & Associates
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Professional Services Agreement —January, 2005
EXHIBIT "A"
Scope of Work: NAGPRA Project for the Fort Collins Museum (FCM)
Timeline: Within the period of January 1 — December 31, 2006
Fee: $301000 (includes expenses incurred in presenting to the Mesa Verde Consultation
Committee; other traveling expenses incurred by Martin to be paid
through Repatriation Grants)
Project Goal: To complete consultations with tribes, and repatriate and rebury all Native
American human remains in FCM's collections
Project Objectives and Strategies:
1. Consultations:
a. Consult with Puebloan tribes, the Navajo Nation, the Ute Mountain Ute
Tribe, and the Southern Ute Indian Nation by telephone, mail, and e-
mail regarding one (1) human remain whose cranial morphology is
Indicative of an ancestor of one of the above -mentioned cultural groups.
- present to tribal representatives at the Mesa Verde Consultation
Committee meeting in spring 2006
- based on recommendations from the tribes, next steps will be
determined.
b. Write a Notice of Completion and submit to the Federal Register for
publication.
2. Repatriations:
a. Work with the Puebloan tribes, the Navajo Nation, the Ute Mountain
Ute Tribe, and the Southern Ute Indian Nation to determine the
repatriation and/or disposition regarding one human remain.
b. Write and submit National Park Service Repatriation grant(s) to cover
expenses associated with the reburials.
3. Reburials:
a. Oversee the reburials of thirteen (13) human remains to the Cheyenne
and Arapaho Tribes of Oklahoma.
- representatives from the tribe will travel to Fort Collins to rebury the
human remains in the Roselawn Cemetery
b. Oversee the reburial of one (1) human remain to the Death Valley
Timbisha Shoshone Band of California.
- travel to Las Vegas, NV to deliver the individual to the tribal
representative of the Death Valley Timbisha Shoshone Band
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c. Oversee the reburial of individual under consultation with Puebloan
tribes, the Navajo Nation, the Ute Mountain Ute Tribe, and the Southern
Ute Indian Nation.
- location of actual reburial yet to be determined
4. Reports:
a. Submit a final report to FCM.
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