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HomeMy WebLinkAbout200213 CORONA RESEARCH - CONTRACT - CONTRACT - 26546PROFESSIONAL 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 Corona Research, 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 one (1) page, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. 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 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. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at anytime 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 ACORD,� CERTIFICATE OF LIABILITY INSURANCE 106-11DAW 2005 tROOIJI NN I THS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USAA INSURANCE AGENCY, INC/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MEND, EXTEW ON 812846 P: (888)242-1430 F: (877)905-0457 ALRRTERTHEHCOVERAGEAA CERTIFICATE YTAMEEPOOIUC40SEUM P . 0. BOX 33015 INSURERS AFFORDING COVERAGE SAN ANTONIO TX 78265 IIPIIMD ..,...,tee .. T.Ta rt-fnrA fa�naa�l tv Trn /+n CORONA RESEARCH 1630 WELTON ST STE 525 COVERAGES C: THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN OWED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY 0ONTRACI7 OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE 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. 1020P nPYllAucs I POUDY NLVMM POLICY LINTS A aIB11MIALLIPAKAY commvicALalilertALwmm CLAIM MADE I XX I OCCUR X Business Liab 65 SBA KJ1450 07/30/05 I 07/30/061FREDAMABEIAryow 1 1MRSONALAAOVDLAAIY {aE•EIAL EACH OCCUlIMAIM 1.11000.1000 n) 1.300, 000 MW EV wn � Wood 11110,000 1.1,000,000 Asa scAn I N2_, 000, 000 Geri.AgaiEGAWLINTAPPLESPM Paws FX-1 LOC PwwxTs-compwAim I.2, 000, 000 A AVIOYON" UANUTY ANY AUTO AM ON4ED AUTOS SCHEI7lAED AUI'DB MM AMOS NO"w" AS 65 SBA KJ1450 07/30/05 07/30/06 COMM ED SINGM UNIT (ER , " 1°) t I •1 , 000, 000 L • x IUTOLYE) • X or DAMAGE ° aAAMM LIASARY ANY AUTO { AUTO ONLY - FA ACCIDENT ► • OTHER THAN EA ACC AUTO ONLY: AGG • • OIIMAS UABRM _ OCCUR u CLAIMS MADE DEDUCTIBLE RETENTION • I EACH OCCUfQIENCE It • I AOGIEGAn I • I �• I I • B M/ONRhIs OOP M""DN AND 911WLmSM,UAINUTT 65 WEC DZ1021 10/05/04 10/05/05 X E.L. EACH ACCIOSNT 0100,000 E.L. OISEASE- EA EMPLOYEE •100 000 E.L. DISEASE-POUCY L%MT •500 000 onlel 0116CIIIIP1pN OF OPSMTIDMBMA )A ADOW n ISIDONtIMINf/iPBpAI PIIDYwDNP Those usual to the Insured's Operations. Certificate Holder is named additional insured per the Business liability coverage Form SS0008 attached to this policy. 1630 Welton DBA Limited Liability Company IEC Property Services Corporation 1602 South Parker Road, Suite 200 Denver CO 80231 DULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE °IRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE 410 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE LDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Professional: City: With Copy to: Corona Research, Inc City of Fort Collins City of Fort Collins 1630 Welton Street, Ste. 525 Natural Areas Program Purchasing Division Denver, CO 80202 P.O. Box 580 P.O. Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 Attn: Kevin Raines Attn: Edith Felchle, Senior Attn: Ed Bonnette, C.P.M., Environmental Planner CPPB, Buyer 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. 5. 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. 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 following schedule attached hereto as Exhibit "C", consisting of one (1) page, and incorporated herein by this reference. Professional Services Agreement —January, 2005 2 Hourly billing rates: $150.00 per Partner Hour $100.00 per Analyst Hour Plus Reimbursable direct costs. with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Four Thousand Two Hundred Fifty Dollars ($4,250.00). 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 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 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. 8. 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. 9. 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 forwithholding any portion of Professional's compensation hereunderforthe payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. Professional Services Agreement —January, 2005 3 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, Professional Services Agreement —January, 2005 4 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. Professional Services Agreement —January, 2005 THE CITY OF FORT COLLINS, COLORADO By: � 0 / 9Q a es B. O'Neill II, CPPO, FNIGP Direct r Purchasing & Risk Management DATE: Corona Research Inc. By: Title: PRlmcl?,9L�P�S//j CORPORATE PRESIDENT OR VICE PRESIDENT Date: OS1 0O - a ATTEST: (Corporate Seal) Corporate Secretary Professional Services Agreement —January, 2005 6 SCOPE OF WORK We propose the following scope of work for this project. Step 1. Review Survey Instrument. It is our understanding that City staff will design a draft survey instrument. Corona Research will review that survey to ensure clarity, unbiased content, and optimal wording. Due to the data collection mode of the survey (intercepts in natural areas), the survey will be no longer than five minutes in length. Step 2. Develop sampling plan. Corona will develop a sampling plan for collecting the survey data. This will be designed to match the sampling plan for the observational survey, in order to maximize efficiency and minimize design costs. Step 3. Develop data entry template. Corona will develop a data entry template for use by City staff or volunteers in entering collected data. Step 4. Weight responses. While Corona will come up with a sampling plan that represents all areas, we anticipate some variance from the plan as a result of naturally occurring issues and/or volunteer issues. As such, we will need to statistically weight the survey responses so that they reflect the findings of the observational research, and thus the entire population of users. Each survey response will therefore be counted as a higher or lower `vote" depending on the type and/or location of user that is represented. The result will be a more complex, but more accurate, analysis of natural area users. Step 5. Analyze data. Corona will analyze the collected survey data. We anticipate targeting approximately 400 responses, which will provide a strong one-time survey. If more than 600 responses are obtained, we provide pricing options for breaking out results by binary variables such as male vs. female. If more than 1,150 responses are available, we provide pricing options for breaking out results by other types of variables, such as activity in the natural area (biking, walking, etc.), income, or other multi -response variables. Step 6. Prepare report of findings. Corona will prepare a report of findings that provides a pithy text and a graphic representation of each question. An example of our format may be seen on- line at ham://www.csp.state.co.us/Up1oad/03Qpinionsurvq.pdf. (This is a survey that Corona conducted for the Colorado State Patrol.) EXHIBIT B PROJECT SCHEDULE We propose the following scope of work for this project. Task Weeks After Contract Award Review Survey Instrument 1 Week After Receipt of Draft Survey Instrument Develop Sampling Plan 3 Develop Data Entry Template 4 Weight Survey Responses 1 Week After Completion of Date Entry Analyze Data 2 Weeks After Completion of Data Entry Prepare Report of Findings 4 Weeks After Completion of Data Entry EXHIBIT C COST SCHEDULE The project budget is shown below. This budget assumes that the sampling plan will be completed in conjunction with Corona's existing contract to develop a sampling plan for observational surveys. Total 4,250 This budget assumes that Corona will prepare a report that describes the overall findings, with no breakouts by subpopulation. If more than 600 surveys are completed, we can examine findings for differing subpopulations at the City's request (e.g., gender, activity being undertaken, income, etc.), at an additional price of $1,100 per breakout. For some measures, breakouts will not be feasible unless a specific number of surveys are completed. We will provide advice on that issue on a case - by -case basis.