HomeMy WebLinkAbout353311 CHEVO STUDIOS - CONTRACT - RFP - P1121 APP 2008 TRANSFORMER CABINET MURAL PROJECTSDESIGN CONSULTANT AGREEMENT
THIS AGREEMENT is 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 Chevo Studios, hereinafter referred to as "Design Consultant'.
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 and Work Schedule. The Design Consultant agrees to
provide services in accordance with the scope of services and work schedule attached hereto
as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference (the
"Project').
2. Time of Commencement and Completion of Services Design Consultant will
initiate the services to be performed pursuant to this Agreement within seven (7) days following
execution of this Agreement. Time is of the essence. Any extensions of the time limits set forth
in this Agreement or Exhibit "A" must be agreed upon in writing, signed by the parties.
3. Contract Period, This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect for one
(1) year, unless sooner terdiinated as herein provided. In addition, at the option of the City, the
Agreement may be extended for an additional period of one (1) year at the rates provided with
written notice to the Design Consultant 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 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 Design
8. Independent Service Provider. The services to be performed by Design
Consultant 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 Design
Consultant'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 Design Consultant, and accordingly, the Design Consultant
shall neither assign any primary creative responsibilities nor delegate any primary creative
duties arising under the Agreement to any other person, 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 to 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. Warranty.
(a) Design Consultant warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
12. Ownership of Works Created. The Design Consultant hereby assigns irrevocably
to the City any and all rights to works designed or created and in any way related to the
Services to be provided by Design Consultant under this Agreement, including any rights of
Design Consultant under the 1990 "Visual Artists' Rights Act", which shall, if not assignable,
hereby knowingly be waived by Design Consultant. Design Consultant shall retain no rights
except as specifically granted in writing by the City. The Design Consultant shall have the right
17. 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 L-LINS, OLORADO
BY:
4 James B. O'Neill, II, CPPO, FNIGP
otc-r; `I Director of Purchasing and Risk Management
Date: ( &�t L,�
DESIGN C NSUL
BY:
Ari'dv qufford (a.
Date: �4>- ` Li ` U B
STATE OF COLORADO )
COUNTY OF _ 4, ,<._ ) )ss.
Subscribed and sworn to before me this _ day of 1,- c r.,.G 2008, by
Witness my hand and official seal.
My commission expires: () y- ° � - ' /
""itli, I i till,,
�4
Notary Public ` p�NOT ! j-~
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