HomeMy WebLinkAboutCORONA RESEARCH - CONTRACT - RFP - P1108 FUNCTIONAL OPTIONS STUDY NFRMPOPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT' is made and entered into this eighth day of May, 2008, by and
between TI-IF NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY
PLANNING COUNCIL (the "MPO") and Corona Research, ("Professional").
Ili consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
I . Scope of Services-. Professional agrees to provide services in accordance with the
scope of services attached hereto as Exhibit A and incorporated herein by this reference (the
"Scope of Services").
2. Timc. 'fire services to be performed pursuant to this Agreement shall be initiated
as specified on the Scope of Services. Time is of the essence. Any extensions ofany time limit
must be agreed upon in writing by the parties hereto.
3. Contract Period_ This Agreement shall commence on 12 May, 2008, and shall
continue in Full force and effect until 30 September, 2008, unless terminated sooner as herein
provided.
4. 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, and this
Agreement may be terminated.
5. Early Termination by PO. Notwithstanding the time periods contained herein,
the MPO may terminate this Agreement at any time for the MPO's convenience or because oftlie
failure of Professional to fulfill the contract obligations. 'Phe MPO shall terminate by providing
at least fifteen (15) days prior written notice of termination by delivering to Professional a notice
of tennination specifying the nature, extent, and effective date of the termination. Upon receipt
of the notice, Professional shall immediately discontinue all services affected (unless the notice
directs otherwise) and deliver to the MPO all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
whether completed or in process. If the termination is for convenience, the MPO shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services. If the termination is for failure of Professional to fulfill the contract obligations, the
MPO may complete the work and Professional shall be liable for any additional cost incurred by
the MPO. If, after termination for failure to fulfill contact obligations, it is determined that
Professional was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the MPO.
6. Opportunity to Cure. hi file case of a breach or default, the MPO may, in its sole
discretion, allow Professional a period of time in which to cure the defect. In such case, the
notice of termination shall state the time period in which cure is permitted and other appropriate
conditions. I f Professional fails to remedy to the MPO's satisfaction the breach or default or any
(1.12008 Proiccts�OX074 NIRMI'U FI I DKAdmin'( orona Resc"rcI)(')nlract ImnI'I c
Gather Invert from Key Stakeholders
Corona is envisioning a two -stage process to gather input from member governments. First, an
online survey will be conducted to gather input fiom the 15 local governments (at least 1 elected
official and I staff person per community). We will explore topics such as:
Gather perceptions and uudersmndings of the IMPO today and possible future
directions.
Identify communi", needs and priorities related to transportation.
• Ascertain the level of interest that members have in the NfPO helping to address unmet
needs.
• Determine wh:u is it mcaru to be a "more effective regional voice for the North Front
Range."
• Determine the level of currant involvement in each needs area.
Once that data has been gathered and analyzed, the consultant will conduct one-on-one
interviews with the 15 governments. We can conduct an individual interview with the elected
official or a group interview with the elected official and staff person. Our goal is to further
explore the opinions expressed in the survey. These interviews will help us determine the
opinions, beliefs and realities that are influencing the level of interest (or disinterest) in the
proposed functional areas, as well as identify additional people to interview as we gather more
specific data on each proposed function.
To the extent possible, these interviews will be conducted in person. David Kennedy of the
Corona learn lives in Fort Collins and is always delighted to travel around his community and
meet new people. The scope of this task can be expanded to include other representatives
identified by the MPO staff:
Analyze Current Transportation Related Needs
The interviews will provide information on current government involvement in each needs area
and the level of unmet need. This intormation will be organized into a matrix for an analysis and
comparison across communities. For example, we may determine that all ofthe governments are
involved in safety and only half are planning for economic development.
Present Findings to Date
Corona will present the findings to date to the Planning Council. The consultants will be seeking
direction fi-om the MPO regarding the specific needs to explore in more detail. We will also ask
the council about its long-range vision for the MPO in terms of its role and service offerings.
Based on the vision and study findings, the consultant, Planning Council and staff will identify
the specific functions to be studied in more detail. This intormation will guide the consultants in
the next tasks of the project.
Gather Detailed Information on Specific Member Needs
The consultants' next step is to gather data on the work and budget requirements to deliver each
Q:2003 Projccu08074 NFRMPO ICI I rr Act innmC'urona Re.ramh ('untr:ml Iinatduc
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proposed service at the municipal or county level. We will seek guidance from the MPO staff
reearding the best people to contact fin' this next round of research.
Once we know who to contact, we will conduct site visits to interview the lead stafiperson in
each function and obtain tlne necessary information. Our goal is to gather sufficient information
to determine the opportunities for consolidation and cost savings as well as any constraints or
concerns. A standard template will be used to document this information.
We estimate that information will be gathered on seven functions at this stage. If more data
needs to be gathered through additional site visits, then those visits will be charged at a standard
fate.
Create Profiles of Each Programmatic Function
A profile will be created for each of the functions. These profiles will provide a comprehensive
look at the type of services being provided currently and the opportunities for consolidation and
collaboration.
Write Report
Corona will document its findings and recommendations into a final report for the MPO. Ow
recommendations will align the proposed new service offerings with member needs and the
creation of a more effective regional voice for the North Front Range of Colorado. Twenty (20)
hard copies of the report will be delivered to the client along with an electronic copy.
Present Recommendations
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Budeet
In this section, we outline our project for this project.
I lours
Direct
Task
I fold projcn im ation inciting
C'mduct inival background interviews (9 tomh
Rovier< services rrmidrd be other %I I,( is (3 t)r;d)
Revte\% baekgruund information abort MN
(:hors in; Surv,:y I)csipn ;AI"cling (Inns 5)
e Conduct on linsurccc dia mba r(prrscnrntivcx
Conduct 15 iatercicws wirh member represenmrivcs
\nallzr member nccds
Pr<>onr findings ru that
Gather tivmiled inGu oration nil nccds :wens 7)
t:rvat, profit(= of oach nccds arva
VPritc final report
Pre..cnt fanlinps and recummcmlafion
I'rojca manapcnx of and duca (ommunic:itinn
Principal
2
18
4
(
3
n
_
4
3
3
9
4
N
Analyst
_
18
10
6
4
10
8
6
21
IA
20
6
if
Ascistnnt
(I
U
0
0
I!
U
0
I
0
(i
of
It
0
Fxpcnscs
(Estimated)
560.60
S 12100
S60.60
S106-05
5.500,00
S60.60
Total
5660.60
S5,520.(tt)
S 1,950.(MI
$I,S00.(Xt
$I,f185.Gp
59,S00.0
SI„350.00
S1,495.00
S3,256.05
S2,275.00
S1,-01i'm
S1,510.60
SI,400.00
'rni:d %7 215 6 51,135.IU SII,?55.10
13udget Notes:
This pricing is based on Corona" 2008 hourly rates, which are $175 for Partner, $125 for
Research Anal)'st Wild S45 for our support staff,
Additional services can he provided at the company's hourly rates. In addidous or changes
in the scope of work will be first approved by the diem:.
Uireci expenses include estimaled costs directh incurred b}• the compact) (e.g. mileage); the
cuerent price includes costs that are currently foreseen. :additional costs incurred will he
passed on to the client without markup.
G:t2008 I'miccrsl08(171 INpRMPO KIIR nK,Ad1ai1e(.'0r011a ReIcUch ('uwacr linalAm
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EXHIBIT 6 - Federal Patent and Rights in Data
37 C.F.R. Part 401,49 C.F.R. Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. part 19, Appendix A, § 5,
but the rights in data clause reflects FTA objectives. For patent rights, FTA is governed by
Federal law and regulation. For data rights, the text on copyrights is insufficient to meet ETA's
purposes for awarding research grants. This model clause, with target- rights ,as a standard, is
proposed with the understanding that this standard could be modified to ETA's needs.
CONTRACTS INVOLVING LXPERIMENTAL, DEVELOPMENTAL, OR RESI3ARCH
WORK.
A. Rights in Data
(1) The teen "subject data" means recorded information, whether or not copyrighted, that is
delivered or specified to be delivered under this Agreement. The term includes graphic or
pictorial delineation in media such as drawings or photographs; text in specifications or related
performance or design -type documents; machine forms such as punched cards, magnetic tape, or
computer memory printouts; and information retained in computer memory. Examples include,
but are not limited to: computer software, engineering drawings and associated lists,
specifications, standards, process sheets, manuals, technical reports, catalog item identifications,
and related information. "]'he term "subject data" does not include financial reports, cost
analyses, and similar infomnation incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the perfornuutec of
the contract to which this Attachment has been added:
(a) Except fir its own internal use, Professional may not publish or reproduce subject data in
whole or in part, or in any manner or form, nor may professional authorize others to do so,
without the written consent of the Federal Government, until such time as the Federal
Government may have either released or approved the release of such data to the public; this
restriction on publication, however, does not apply to any contract with an academic instihition.
(b) In accordance with 49 C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal Government
reserves a royalty -free, non-exclusive and in evocable license to reproduce, publish, or otherwisc
use, and to authorize others to use, for "Federal Government purposes," any subject data or
copyright described in subsections (2)(b)l and (2)(b)2 below. As used in the previous sentence,
"tor Federal Government purposes," means use only for the direct purposes of the Federal
Government. Without the copyright owner's consent, the Federal Government may not extend
its Federal license to any other party.
1. Any subject data developed under this Agreement, whether or not a copyright has been
obtained; and
2. Any rights of copyright purchased by Processional using Federal assistance in whole or in
part provided by FTA.
O JUOK 11t ects'.nxn74 NrRn4 VU KI I o K,Admin`('urona V,,amcL('ono-ua rmaI doe
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(c) When FTA awards Federal assistance for experimental, developmental, or research work,
it is FTA's general intention to increase transportation knowledge available to the public, rather
than to restrict the benefits resulting from the work to participants in that work. Therefore,
unless FTA determines otherwise, Professional performing experimental, developmental, or
research work required by this Agreement agrees to permit FTA to make available to file public,
either FTA's license in the copyright to any subject data developed in the course of that contract,
or a copy of the subject data first produced under the contract for which a copyright has not been
obtained. If the experimental, developmental, or research work, which is the subject of the
underlying contract, is not completed for any reason whatsoever, all data developed under that
contract shall become subject data as defined in subsection (a) of this clause and shall be
delivered as the Federal Government may direct. This subsection (c), however, does not apply to
adaptations of automatic data processing equipment or programs for Professional's use whose
costs are financed in whole or in part with Federal assistance provided by FTA for transportation
capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the MPO and
Professional agree to indemnify, save, and hold harmless the Federal Government, its officers,
agents, and employees acting within the scope of their official duties against any liability,
including costs and expenses, resulting fi-om any willful or intentional violation by the MPO or
Professional of proprietary rights, copyrights, or right of privacy, arising out of the publication,
translation, reproduction, delivery, use, or disposition of any data furnished under that contract.
Neither the MPO nor Professional shall be required to indemnify the Federal Government for
any such liability arising out of the wrongfiil act of any employee, official, or agents of the
Federal Government.
(e) Nothing contained herein shall imply a license to the Federal Government under any
patent or be construed as affecting the scope of any license or other right otherwise granted to the.
Federal Government under any patent.
(1) Data developed by Professional and financed entirely without using Federal assistance
provided by the Federal Government that has been incorporated into work required by the
underlying contract to which this Attachment has been added is exempt from the requirements of
subsections (b), (c), and (d) of this clause, provided that Professional identifies that data in
writing at the time ofdelivery of the contract work.
(g) Unless PTA determines otherwise, Protcssional agrees to include these requirements in
each subcontract for experimental, developmental, or research work financed in whole or in part
with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of Professional's status (i.e., a large business, small business, state government or
state instrumentality, local government, nonprofit organization, institution of higher education,
individual, e(c.), the MPO and Professional agree to take the necessary actions to provide,
through FTA, those rights in that invention due the Federal Government as described in U.S.
Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
37 C.F.R. Part 401.
(i: NOS Pryua,dQX074 Ni [CM PO K I I R UKvAdmin',l ,Ia Rc,Cwch('.mvxct fnatA,m
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(4) Professional agrees to include these requirements in each subcontract for experimental.
developmental, or research work financed in whole or in part with Federal assistance provided
by FTA,
B. Patent Rights:
(1) If any invention, improvement, or discovery is conceived or first actually reduced to
practice in the course of or under this Agreement, and that invention, improvement, or
discovery is patentable under the laws of the United States of America or any foreign country,
Professional agrees to take actions necessary to provide immediate notice and a detailed report
to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Fcderal Government later makes a contrary determination in writing,
irrespective of Professional's status (a large business, small business, state govertnnent or state
instrumentality, local government, nonprofit organization, institution of higher education,
individual), Professional agrees to take the necessary actions to provide, through FTA, those
rights in that invention due the Federal Government as described in U.S. Department of
Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R.
Part 401.
(1) Professional agrees to include the requirements of this clause in each subcontract fbr
experimental, developmental, or research work financed in whole or in part with Federal
assistance provided by 11-A.
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EXHIBIT C
AI-HUAVI I YUKSUAN I 1 U L.K.S. 24-76.5-103
swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
�J I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
Signature Date
'---current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
Y --- current Colorado identification card
i--- U.S. military card or dependent identification card
1'--- U.S. coast guard merchant mariner card
Y --- Native American tribal document
---original birth certificate from any state of the United States
---certificate verifying naturalized status by U.S. with photo and raised seal
---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
T---order of adoption by a U.S. court with seal of certification
---valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL,
MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI
---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with
current 1-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired
Resident Alien card, Permanent Resident card or Employment Authorization card
'A waiver may be available where no identification exists or can be obtained due to a medical
condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's
license. Contact your department director.
G: 2008 1 lrmem,sW(174 NFRMVO KIIR nK.Admiu Corona Research C mrad final d,m
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of the terms, covenants, or conditions of this Agreement within ten 00) clays after receipt by
Professional of'written notice from the MPO setting forth the nature.ofsaid breach or default, the
M130 may terminate the Agreement without any further obligation to Professional and seek
damages, may treat the Agreement as continuing and require specific pertbrmance, or may avail
itself of any other remedy at law or equity. If the MPO commences legal or equitable actions
against Professional, Professional shall be liable to the MPO for the MPO's reasonable attorney
tees and costs incurred because of the default. Any such termination for default shall not in any
way operate to preclude the MPO from also pursuing all available remedies against Professional
and its sureties for said breach or default.
7. Waiver ofRemedies_fbr an _Breach.. If the MPO elects to waive its remedies for
any breach by Professional ofany covenant, term or condition ofthis Agreement, such waiver by
the MPO shall not limit the MPO's remedies fir any succeeding breach of that or ofany other
term, covenant, or condition of this Agreement,
8. &spomibility. 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.
9. Indemn_itcalion. Professional shall indemnify, hold harmless and defend the
MPO and its representatives, officers, employees, agents, and contactors from and against all
liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or
Judgments, including, without fitnitation, reasonable attorney fees, arising kom of in any way
connected with injury to or the death of any person or physical damage to any property resulting
from any act, omission, condition, or other matter related to this Agreement.
10. Insurance. 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'$1,000,000.
11, CwMensation. In consideration of the services to be pertormed pursuant to this
Agreement, the MPO agrees to pay Professional on a time and reimbursable direct cost basis
according to the schedule outlined in the Scope of Work — Fxhibit A, with maximum
compensation (tor both Professional's time and reimbursable direct costs) not to exceed forty
thousand one hundred fitly five dollars and ten cents ($41,755.10). Monthly invoices are
required and shall include a description of services performed, along with number of hours and
stated rates per hour. Supporting dOCUtnentatlon shall also be submitted for any rcimbursable
direct costs. The amounts of all such billings shall be based upon the Professional's MPO-
verified progress in completing the services to he performed pursuant to the Scope of Services
and upon approval of the Professional's direct reimbursable expenses. Final payment shall be
made following acceptance ofthe work by the MPO.
12. Records and Refits. The MPO and Professional shall maintain all books.
records, and other documentation pertaining to the Scope of Services and necessary to
completely substantiate all costs incurred and billed to the MPO during the term of this
Gr200X Proiw,1080'I4 NFRA1Po KIII? n KA Jm...Vornoa Itcsccu'ch<'mmm lint Lduc
2
Agreement for a period of three (3) years from the date of final payment under the terms of this
Agreement. 'These records shall be made available for inspection and audit to any state or
federal authority authorized to inspect such records and copies thereof shall be furnished at the
expense of Professional, if so requested.
13. Ownership of Work_Product. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by Professional shall become the sole
property ofthe MPO, which shall have the royalty-fi-ee, nonexclusive and irrevocable right to
reproduce, publish, or otherwise use and authorize others to use all such materials for authorized
government purposes. Other entities that may reproduce, publish, or otherwise use the designs,
plans, reports, specifications, drawings, and other services rendered by Professional include but
are not limited to the Colorado Department of Transportation ("CDOT"), the Federal
Transportation Administration ('TTA"), and the Federal Highway Administration ("FI I WA").
14. MPO „Representative. The MPO shall 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 MPO Representative.
15. [ rcect_Uocum pts. upon conclusion ofthe project and before final payment, the
Professional shall provide the MPO with reproducible documents of the project containing
accurate information on the project as designed. Documents shall be ofarchival quality, and also
available in an electronic format, in an agreed upon format.
16. Monthly Report. Commencing at the end of the calendar month following the
date of execution of this Agreement and every calendar month end thereafter, Professional shall
provide the MPO with a written repots ofthe status ofthe work. Failure to provide any required
monthly report may, at the option of the MPO, suspend the processing of any partial payment
request.
17. Independe t Contract- r. The services to be performed by Professional are those
of an independent contractor and not of an employee of the MPO. The MPO shall not be
responsible firr withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
18. Personal Services. It is understood that the MPO enters into this Agreement
based on the special abilities of Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, Professional shall neither assign any
responsibilities nor delegate any duties, nor create any subcontracts arising under this Agreement
without the prior written consent of the MPO.
19. Conflict oflnterests and Prohibited Interests. The MPO and Professional
represent that neither has any interests and shall not acquire any interests, directly or indirectly,
that would conflict in any manner or degree with the petbrnance and services required to be
performed under this Agreement. The MPO and Professional further represent that no member
or delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefit arising theictiom. In addition no employee, officer, or agent ofthe
21008 1 In,ja9HN1$074 NI ]"IPO KIIR DK-A, m ,( o,nna Rosrwch !'unvaci final J,.c
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MPO shall participate in selection or in the award or administration of this Agreement if a
conflict of interest, real or apparent, would be involved. Such conflict would arise when the
employee, officer w agent; any member of his immediate family; his or her partner: or an
organization which employs, or is about to employ any of the foregoing, has a financial or other
interest in the firm selected for award, The MPO's officers, employees, or .agents shall neither
solicit nor accept gratuities, favors or anything of monetary value from contractors, potential
contractors, or parties ofsubagreements.
20. No Waiver, The MPO'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 MPO's
approval or acceptance of, or payment for, any of the services shall not be construed to operate
as a waiver ofany rights or benefits provided to the MPO under this Agreement.
21. No Government_ Oblication to_ Thjrd__Parties. The MPO and Professional
acknowledge and agree that, notwithstanding any concurrence by the federal government in or
approval of the solicitation or award of the underlying contract, absent the express written
consent by the federal government, the federal government is not a party to this Agreement and
shall not be subject to any obligations or liabilities to the MPO, Professional, or any other party
(whether or not a party to this Agreement) pertaining to any matter resulting from this
Agreement.
22. Notices. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Professional:
Corona Research
Attn: Karla Raines
Address 1630 Welton Street,
Suite 525
Denver, CO 80202
THL NFRT & AQPC
Attn: Vicky McLane
419 Canyon, 11300.
Fort Collins, CO 80521
With Copy to:
City of Fort Collins
Purchasing
PO Box 580
Ft Collins, CO 80522
23. Incor rcrration of FTA Terms. This Agreement includes certain Standard Terms
and Conditions required by the federal Department of"Fransportation ("DOT') and other federal
and state authorities, whether or not expressly set forth in this Agreement. All contractual
provisions required by DOT, as set forth in F"rA Circular 4220.1 D, dated April 15, 1996, are
hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be cleemed to control in the event of a conflict with other provisions
contained in this Agreement. Professional shall not perform any act, fail to perforn any act, or
refuse to comply with any the MPO requests which would cause the MPO to be in violation of
the F'rA terms and conditions.
24. Grant_ Assurances and —FederalRequirements. This Agreement involves the
expenditure of federal funds, which requires the MPO and Professional at all times during the
execution of this Agreement to adhere to and comply with all applicable federal Taws and
regulations, as they currently exist and may hereafter be amended, which are incorporated
(i:200N I mw,ts'OK07d K'I'RMPU KnR 0K'..Adm m('urona liuxu:u'ch ('onlrsd lma A,,c
herein by this reference as terms and conditions of this Agreement. A non -exhaustive list of
federal laws and regulations that may be applicable is included below. By signing this
Agreement, Professional avers that it is his or her responsibility to be aware of the requirements
that may be imposed by the following federal laws and regulations, and others not listed, that he
or she is aware of any such requirements, and that he or she will comply with all applicable laws
and regulations.
a. Laws and regulations prohibiting false claims and statements Gom being
made to the tbderal government, 31 U.S.C.A § 3801, et seq., 49 C.F.R. Part 31, and 18
U.S.C.A. § 1001;
b. Federal privacy law, 5 U.S.C.A. § 552;
C. Nondiscrimination and equal employment opportunity laws in accordance
with 'title VI of the Civil Rights Act, 42 U.S.C.A. § 2000d; § 303 of the Age
Discrimination Act of 1975, 42 U.S.C.A. § 6102; § 202 of the Americans with
Disabilitics Act of 1990, 42 tJ.S.C.A. § 12132 ("ADA"); and Federal transit law, 49
U.S.C.A. § 5332;
d. Mandatory standards and policies relating to energy efficiency that are
contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act, 42 U.S.C.A. § 6201.
25, Binding_EAket, This Agreement, 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 bencfit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
26. Governing Law. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforeement ofthis Agreement.
27. Sererabilit_y. 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.
28. Prohibition-A;tiinst Emplc_ wing IIIc4.l Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
work. Pursuant to Section 8-17.5-101, C.R.S., ct. seq., Contractor represents and agrees that:
a. As (if the date of this Agreement
I. Contractor does not knowingly employ or contract with an illegal alien;
and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended, administered by the United States Department of I Iomcland
Security (the "Basic Pilot Program") in order to confirm the employment
eligibility of all newly hired employees.
(i'2008 holect,08071 MTNIPO KIIIt DK,Adni... (Comwm Rosemdh io:d doe
b. Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perti)nn work
under this Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program
and shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed, whichever
is earlier. The requirements of this section shall not be required or effective if the Basic
Pilot Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program PrOMIures to
undertake pre -employment screening of,lob applicants while this Agreement is being
perfiormed.
C. If Contractor obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the City within three days that
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien: and
2. Tenninate the 'subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the subcontractor
does not cease employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor ifduring such
three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
E Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17,5-102 (5), C.R.S.
g. If Contractor violaters any provision ofthis Agreement pertaining to tine
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement.
Ifthis Agreement is so terminated, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102,
C.R.S.
h. The City will notify the Office of the Secretary of State if Contactor
violates this provision of this Agreement and the City terminates the Agreement for such
breach.
29. SpecialP-rgyisioms. Special provisions or conditions relating to federal patent law
and rights in data that are applicable to this Agreement are set forth in Exhibit R, attached hereto
and incorporated herein by this reference.
6 ^2008 P,,,j,c1,AR074 NrRMH ) KI I R nK'.ndmm ('orona Rv,emeh Comma lmakk,,
6
THE NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL, (MPO)
zw-11 (RVi -'xecutive Di ector -� -
PROFESSIONAL:
By:
Title:
s'rATE OF COL-ORADO
ss.
COUN'l Y OF DENVER
The l6regoing instrument was subscribed, sworn to and acknowledged belbie me this
eighth day ol'May, 2008, by
V, Las'l as of
My commission expires:
(SEAL)
LL Lj--L�
Notary public A I
G 2008 hoj,c(,08074 NFRMP0 KHR [WAdn.... C, ma Rc,.uch( d"'
EXHIBIT A - Scope of Services
Introduction
The Scope below defines the tasks involved in completing this work.
2. Scope of Services
Hold Project Initiation Nleetine
Corona's standard practice is to meet with the client prior to initiating work, to ensure agreement
on the various elements ofthe project. The consultant will meet with the client to resolve the
following issues:
• Review ench utsk Io cnsurc Ihat Corona and the C,:licnt are. in agreement on the
approach, schedu(c and deliverables.
• Develop dte detailed project plan and schedule.
• Determine stakeholders Io incktde in the prnccss.
• Determine communication, protocols :Ind freduency.
• Rc,olvc any remaining, contractual issues.
This initial muting will include the primary client representatives and Corona Research staff.
Corona will also communicate with the client on a regular basis to provide project updates and
ensure that a strong client/consultant partnership continues tluoughout the project.
Conduct Initial Inteltwiews with Key Informants
Interviews will he conducted with up to nine (9) key intormants, tiom both inside and outside the
MPO service area. These interviews will be designed to provide background information to the
consulting team as they become familiar with the tactical and strategic issues lacing the MPO.
We will interview representatives from government (local, state and national), local business,
and other MPOs. Interviewees will provide opinions and perspectives on regional issues
(including community strengths, challenges and the political climate), MPO-related issues, and
areas ofcurrent (and possible future) cross -governmental cooperation... Prospective
interviewees include:
Prank Lancaster. t.uitner County. Already secs lariner as a rcg;ional government and
understand., diffcvlty with coordinating individuals between lord eutit.ics. G' ml is to
Rain insight oil how best to approach managers.
Don Warden. Weld Comm. heights on local politics and believer in working together as a
region. Goal is to gain insight oo hoc best to approach manager.
Pill Haws. FI\C';\. Direction of fedemi highw:ns.
Don Sandoval. DOL:A. Insights on land use and focal c•ortcnment>. -
Chambers of Commerce
Q 2008 08074 NI RNIPO K I I R DK`Admid( ornna Rtsavnh ('onvam linnl Joe
David Mac. 14,1r1 Collies. Insiglvs on ISSUfs for die business MIMIltmll'v'.
Sma MCQuiddl'. C.ircdce. Insights on issues for the business COMMUnity".
To Be Delermincd. LovrLtnd Insights on issues for the business alnvnunitp.
Other COG Directors:
Rob ,vlacDonald, Pikes Peal: COG
DnnI Cook, Mountainland ;Association of Goacrmm�us
Tliese initial interviews will help Corona Game questions Ibr the stakeholder interviews as well
as determining the best way approach them and gain their cooperation and involvement.
Review Services Provided by Otber M POs
In addition to other background research conducted, Corona will review services provided by
three other MPOs who were of similar size to the NFRMPO several years ago. Organizations to
be researched include: Chitt.enden County MPO in Vermont, Thurston Regional Planning
Commission in Washington, and Mountainland in Utah.
"These organizations will serve as a small case study with the goal of learning how they have
grown and adapted to serve their members. The amsultant will conduct secondary research on
the three MPOs, including Internet research and reviewing publicly available documents. One of
the MPOs, Mountainland, will also be interviewed lbr this project.
Review Background Information
The consultant will complete a comprehensive review ofexisting information about the MPO,
including:
Reports and luaus, including the INIPU'.: Strategic plan.
An - rclecant nxxting minuIvs from the Planning COUnell or other groups.
Pertinent Imes, such as the SAI;F I'I.r,\-11"
<hh<•e doalmenl_s recommended h�the client.
We are especially interested in reviewing materials related to the MPO's current functions and
possible additional functions.
Present Current Background Research to Date
Corona will present the findings from the initial research tasks to the MPO in .tune. The purpose
of the meeting will be to convey the research findings and discuss implications of the findings
for the project overall and the member data collection specifically. That said, Corona will also
be seeking direction fiom the MPO regarding the specific member needs to investigate, specific
intcrvicwees and survey respondents to include (such as members of the '1 ,AC, TAG and
Planning Council), and any other topics to be addressed at this time.
Q,2009 Proiccl, 08074 NFRM110 K I I R nK Admin ('ortmn Rcscarc l Cunvacl lmal Inc