HomeMy WebLinkAboutCORONA RESEARCH - CONTRACT - AGREEMENT MISC - OCCUPANCY ORDER IMPACT PUBLIC SURVEYPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITYOF 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:
1. 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 and 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 March 31, 2009. Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in writing bythe 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: City: W ith Copy to:
Corona Research, Inc. City of Fort Collins, City of Fort Collins, Purchasing
Attn: Kevin Raines Neighborhood Services PO Box 580
1630 Welton Street, Suite 525 Attn: Beth Sowder, Manager Fort Collins, CO 80522
Denver, CO 80202 PO Box 580
Fort Collins, CO 80522
Standard Professional Services Agreement- rev07/08
In this section, we provide our anticipated scope for in-depth interviews with various population
and stakeholder segments along with a detailed methodology explaining how interviews will be carried
out by the Corona team.
We propose in-depth interviews in this project in lieu of focus groups in order to gather the most
targeted feedback from these stakeholders and to do so in a cost effective manner.
liesearcb mode: In-depth, one-on-one interviews Q)y telephone)
Piimaiy segmezztf: 1) Landlords; 2) tenants; and 3) neighbors
Corelew ofinleruieaur: follow-up on impacts of occupancy ordinance, what is working well,
what is not working, policy benefits, challenges, and possible changes
required.
Irtlertdem le/zglh: Approx. 35-45 minutes per interview
N/miberofinlemieus: 10 completed interviews par segmen! (recommended)* - 30 total
interviews
*We generally find Ili it after 10-12 in-dep Ili interviews with a given respondent segrnent allows our team to idenlify
Ivey themes and patterns in responses. A higlier number of interviews maybe necessary if the "universe" represeuted is
very large and broad, or if additional detail is desired.
Standard Professional Services Agreement- rev07/08
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EXHIBIT B
FEE SCHEDULE
Level Study
Includes Tasks I,11, IV, V
What You Get: Level 1 Study f Rental Pricing T
Understanding of Impacts on Different Constituent Groups $30 3834_
*Pricing includes Option 1 detailed below for substitution for report style
Detailed Pricing by Task
Option 1. The following pricing substitutes a memo style report for it full formal report on the
qualitative research portion of the study (Task V). T'his option would reduce the pricing by roughly
$4,000, with the tradeoff of providing only Ivey findings and observations arising from the qualitative
research, as opposed to a detailed compendium of findings.
Task If Conduct Census PUMS Data Analysis � Fort Collins 2 $350 0 $0 14 $1,540 $1,890
Task IV Division of Housing Data Alaysis 4 $700 0 $0 12 $1,320 $2 020
Test V Qualitative Discussion',(see below for detailed pricing)$15,025
_._,..._... _ _ . ,_......_. _ ,.... .. . ....._.,...._.__
Subtotal 12 $2,100 ��� �� 6 � $750 ^. 50 '��'� $5,500 ��$7,008-'W���M
' This assumes 30 interviews, 101n each of three stakeholder groups � - ^ Total $30,383
Standard Professional Services Agreement- rev07108
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EXHIBIT C
INSURANCE REQUIREMENTS
1. The Professional will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Professional shall furnish the City with certificates of insurance showing the type,
amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Professional, such insurance as the City may deem
proper and may deduct the cost of such insurance from any monies which may be due or
become due the Professional under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Professional's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in work
performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Professional shall maintain during
the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Professional shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
Standard Professional Services Agreement- rev07/08
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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 paymentshall bethe 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 on a time and reimbursable direct cost basis
according to the following schedule:
Hourly billing rates:
Reimbursable direct costs:
Partner $175HR
Senior Analyst $125HR
Analyst $110HR
as billed
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Thirty Thousand Three Hundred Eighty Three Dollars ($30,383.00) ) according to Exhibit
"B" consisting of one (1) pages and incorporated herein by this reference. 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
Standard Professional Services Agreement- rev07/08
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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. The parties
acknowledge that AOS Research Services is not a party to this agreement. However, the rates
listed for services to be provided by this subcontractor shall be the rate paid by the City to the
Professional for these services. If the amount charged by these subcontractors exceeds the
rates listed in Exhibit "B" the excess amount shall not be paid or owed by the City. The limitation
on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "B"
including subcontractor rates. 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. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar
base material using a non -fading process to provide for long storage and high quality reproduction.
"CD" disc of the as -built drawings shall also be submitted to the City in and AutoCAD version no
older than the established city standard.
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.
Standard Professional Services Agreement- rev07/08
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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 for withholding any portion of Professional's compensation hereunderforthe payment of
FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
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 forthe 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.
Standard Professional Services Agreement- rev07/08
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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,
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.
16. Prohibition Against Employing Illegal Aliens. Prohibition Against Employing Illegal
Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees
that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify 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
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional 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 perform work under this
Agreement.
C. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
Standard Professional Services Agreement- rev07/08
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has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate 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 Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional 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.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
Standard Professional Services Agreement- rev07/08
THE CITY OFFORT COLLINS, C0L0RADO
By:
Jan000mo,CrPC. FN|dP
-�~ DivectornfPurchasing & Risk Management
T'
DATE:
Corona Research, Inc.
By:
Title:
CORPORATE PRESIDENT ORVICE PRESIDENT
Date:
ATTEST:
Standard Professional Services Agreement- revO7/08
(Corporate Seal)
F2
EXHIBIT A
SCOPE OF SERVICE
11 y
01 k i'tN0 0')' 0 �.tr/.{ „�"rZ.��l�F AIN'!) 13t.A.1 ll..f tl t� `S c3i 4.5 pGp
'I`he City of Fort Collins would like to conduct a follow-up to the January 2007 Occupancy
Ordinance in order to determine stakeholder impact, whether the impact of the ordinance is consistent
with the original findings, and a prediction of future impacts.
In order to complete such a study, Corona Research suggests 7 tasks: conduct a public survey,
PUMS data analysis, Division of IIousing comparative analysis, in-depth interviews, mapping of
complaints, Assessor data analysis, and other: research tasks. The results and key findings of these tasks
will be compiled into a report when the study is completed.
The tasks are described in greater detail below, juxtaposed with the questions posed in the City's
request document. In some cases, the City's question may appear in more than one task. In these cases,
one of two situations has occurred: either our goal is to triangulate different methods to derive the best
estimate, or it: takes more than one type of research to accomplish the goad.
TASK : I t�BUC t t 51}s'v
This task answers the questions:
• Develop estimate of prevalence of violator households
• What has the impact of occupancy enforcement been on the quality of life in single-
family neighborhoods?
• Ilave the number of single-family rental homes increased or decreased, or has the
number of owner -occupied homes increased or decreased? If yes, where has the
changes occurred?
What has the impact of,xtra Occupancy Rentals been on the efficacy of the occupancy
ordinance?
Corona will conduct a telephone survey of residents to gather their opinions and knowledge about
problem properties in their own neighborhoods. Corona will use the. same methodology (a
telephone survey of 384 residents) and questions as the previous survey to ensure the results can be
compared, though keep in mind that the number of completed surveys will only provide an ability to
examine changes with a low level of statistical confidence. (a high level of statistical confidence
would add more cost than we believe valuable).
As with the original study, this will be one of two methods used to develop estimates of the
prevalence of violator housing. Other questions from the previous survey will be repeated to
examine noise and other issues that were corroborated with proximity to violator households.
Standard Professional Services Agreement- rev07108
ri?.`,ilk t. s,=23 `� ,1�?,1;!Et LP£�l i?�.ISI'`>7�➢it'F�It,t.'IL'�'..s.�i--. L'E'`ai, 3`Ca�l_,i l".., ��
This task answers the question:
• Have the number of single-family rental homes increased or decreased, or has the
number of owner -occupied homes increased or decreased? If yes, where has the
changes occurred?
• Has there been a change in the average cost of rental housing? If so, is this a result of
the occupancy ordinance or other factors?
How have property values been affected?
There is not enough data in the updated data to do the same level of analysis as was conducted in
2005, in terms of profiling the population. We. can only look at the prevalence of ordinance
violation (as a comparative point to the estimate developed in Task 1) and citywide rental
prices/home values. We will compare the attributes of the City of Fort Collins with the rest of
Colorado and examine changes over time.
Note that the rental and home value estimates will be compared with Task III as another means of
triangulation. The figures above are self -reported.
If there is a desire to repeat the profiles developed in the initial study, we will likely have enough
data to repeat the analysis in approximately 2011.
This task answers the questions:
• I Ias there been a change in the average cost of rental housing? If so, is this a result of
the occupancy ordinance or other factors?
Have vacancies accommodated the displaced tenants and will they continue to be
adequate?
Corona will analyze the Division of Housing's rental statistics in order to examine if any change in
property value or change in rental housing since enforcement of the ordinance began. Corona will
compare the data from Fort Collins to other cites similar in size and location in an attempt to
control for the recent downturn in the housing market.
This task answers the questions:
• What has the impact been on tenants?
• What has the impact of occupancy enforcement been on the quality of life in single-
family neighborhoods?
What has the impact of Extra Occupancy Rentals been on the efficacy of the occupancy
ordinance?
What has the impact of occupancy enforcement been on property owners/landlords of
rental housing?
Standard Professional Services Agreement- rev07/08
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