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HomeMy WebLinkAbout473601 KAREN J BUMBO - CONTRACT - AGREEMENT MISC - 9102951SERVICES 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 Karen J. Cumbo, hereinafter referred to as "Service Provider". 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 Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of six (6) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence June 1, 2010, and shall continue in full force and effect until December 31, 2010, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended on a month to month basis by written agreement of the parties. 3. 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 Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination /Notice. 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 Service Provider. 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. The Service Provider may terminate the agreement by providing written notice of termination to the City. Such notice shall be delivered at least thirty (30) 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: SA rev03/10 ATTACHMENT 1 RESUME Karen J. Cumbo 1460 Landis Court Boulder, Colorado 80303 (303) 444-9368 kkicumbo -comcast.net LOCAL GOVERNMENT MANAGER Experienced, energetic professional with a progressive management career in diverse working environments, including local, state, and national organizations, in both private and public sectors. Skilled at envisioning the "big picture" and identifying and accomplishing the tasks to complete that picture. Effective communicator and team leader with proven ability to build relationships with internal and external customers, while improving effectiveness and advancing goals of elected and appointed officials. CORE STRENGTHS Team Building/Leadership Project Management Problem Solving Economic Development Strategic Planning Land Use Planning Intergovernmental Relations Personal Integrity EMPLOYMENT HIGHLIGHTS Leadership/Team Building • Developed strong, professional, motivated internal and external staff to serve changing needs of several diverse communities. • Improved governance process for elected and appointed officials, and conducted management audits and training to improve effectiveness of government procedures and relationships. • Developed and maintained positive relationships with local, state, and regional agencies and organizations, including chambers of commerce and businesses. Operations Management: • Oversaw all aspects of municipal organizations —staff support for elected and appointed officials, management of consulting services, and supervision of operating departments to effect improved service delivery and meet all procedural and policy requirements. • Developed and managed budgets for operational success and long-term sustainability. Project Management: • Successfully planned and constructed a multi -million dollar, multi -phased, street/utility project which required voter approval, coordination with several agencies, grant funding and municipal bond financing, and which decreased long term maintenance costs and improved property values across the community. 3 • Initiated and completed innovative funding agreement for $3.2 million water system improvements, with participation from fourteen different developers to kick-start planned growth. Strategic and Land Use Planning: • Initiated, managed, and implemented master plans for comprehensive land use, transportation, water supply, and parks and trails to guide thoughtful growth in various Colorado communities. • Improved procedures for coordinated plan review and approval in challenging and competitive growth environment. Intergovernmental Relations and Policy Analysis • Advocated for municipal interests at state and federal level which required detailed policy analysis, assessment of operational impacts, and consensus building. • Successfully organized statewide and regional meetings to address matters of concern to diverse groups of municipal officials and businesses. • Researched, wrote, and edited newsletter and special reports for Fortune 500 company's local government information service, and made marketing and content presentations at regional and national conferences. Economic Development: • Participated in formation of Urban Renewal Authorities, Metropolitan Districts, and Business Improvement Districts to fund critical infrastructure and development needs and advance public/private sector partnerships. • Initiated economic development efforts which included business retention and recruiting, financial assistance agreements, and public improvement funding. WORK HISTORY Consultant to local governments City Administrator, City of Dacono, Colorado Consultant, Brian Rick & Associates, Colorado Town Manager, Town of Superior, Colorado Technical Services Coordinator, Colorado Municipal League Assistant Town Manager, Town of Dennis, Massachusetts Senior Editor, Product Information Network McGraw-Hill, New York Assistant to Director of Public Works, City of Boulder, Colorado Graduate work, Public Administration M.A. in Counseling B.A. in American Studies EDUCATION November 2008 to present April 2001 — November 2008 October 1995 — April 2001 February 1991 — July 1995 October 1985 — November 1989 September 1983 — July 1985 May 1982 — September 1983 July 1978 — May 1982 University of Colorado University of Colorado University of Detroit 4 REFERENCES Wade Carlson Former Mayor, City of Dacono 200 Birch St. Dacono, Colorado 80514 (303) 833-5483 Iwc1951 @gmail.com Kathleen Harrington City Attorney, Dacono Light, Harrington, and Dawes 1512 Larimer, Suite 300 Denver, Colorado 80202 (303) 298-1601 harrington Ihdlaw.com Sam Mamet Executive Director, Colorado Municipal League 1144 Sherman St. Denver, Colorado 80203 (303) 831-6411 mamet -cml.org Don Sandoval Regional Manager, North Central Region Colorado Department of Local Affairs 150 E. 29t', Suite 215 Loveland, Colorado 80538 (970) 679-4501 don.sandoval@state.co.us Julie Van Domelen Mayor, Town of Lyons P.O. Box 49 Lyons, Colorado 80540 (303) 587-5966 (cell) iuliev@townoflyons.com 5 ATTACHMENT 2 ORGANIZATIONAL CHART Planning, Development, & Transportation Service Unit 05/20/10 City of rt CoWns FVG He1� 2vfigc6elGrmk Icy Sclmeuier . $ lceOls® lvlarl Sithxs PL1NMfY G loe+F.racjF O1CfICNNI+I1' DE«IiUPRiEN T � IGI3BORH a ' D SER�TCF:S Ste�e�l)ush CAPIT AL PR07EGIS GRUSBLHG ALLEYS ROAD SHOULDERS SIGNS & PAII�T FIfiANGE LONG RANGE PLANNINGwmm—c AD�ffir7SI7tA1ZON DEVEIAP.�dEhT F3iGQQFERINC) SPECL4L PAT(sF�i6 SIGNALS A�AR'Pp�C AFFORDABLE HOUSING ATICHBORHOOD6 PLAN RE«V & BUII�L�TG L*ISPEGIION EHGIIVEERL*I6 SURUEt�II�iG REHAB TRAFFIC UPERATI02� OPER41TON5 & SAFETY GDBGlH01� a$ GUM11QIvTIY PARS 7.UA'ING HZSfORIG PRESER\'A1TUN � ENGL*IEF�FIIdG GRANTS PR40 44 SrREEi PARAfi�tG TRANSDr TRANSFOIrr•ATIOx PAVE\�Nr S�i`TC� PLAh�'ING P.LANNtTIG AtALYCF.'YANCE gaudy, Hensley ICathleea Bracl-e TRA•FFI COIPFROL KEY PDT Administration Department FIDivision or Program M. EXHIBIT B FEE SCHEDULE Compensation: Rate of compensation is Nine Thousand Three Hundred Fifty Dollars ($9,350.00) per month. 1. Compensation is calculated on the basis of $550/per day for a 17-day work month with no limit on the length of the work day. 2. There is no charge to the City for commuting travel from Boulder to Fort Collins to carry out the duties as Interim Planning, Development and Transportation Director. 3. If an evening/night meeting and that meeting extends beyond 10:00 pm or in the event of inclement weather that would be deemed hazardous for driving, the City would reimburse for lodging expenses not to exceed $100 per night. Service provider is responsible for all other related expenses (food, travel and incidentals). Such reimbursement would be approved by the Deputy City Manager/Community Services Director. EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider'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: Commercial General & Vehicle Liability. The Service Provider 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 Service Provider 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. EXHIBT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Karen J. Cumbo Attn: Purchasing Attn: Diane Jones 1460 Landis Court PO Box 580 PO Box 580 Boulder, CO 80303 Fort Collins, CO 80522 Fort Collins, CO 80522 (303)444-9368 k'cumboOcomcast.net In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider 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 Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. FA SA rev03/10 9. 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. 10. Warranty. a. Service Provider 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. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. 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 thereof. 12. 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- 3 SA rev03/10 defaulting party for the non -defaulting parry'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. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 4 SA rev03/10 16. 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider 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. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 5 SA rev03/10 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 Service Provider 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. Service Provider 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 Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. SA rev03/10 CITY OF FORT COLLINS, COLORADO a municipal corporation By: C Da - — VC) L�k " ' P JamBIO'Neill"II, CPPO, FNIGP Dire or Of Purchasing and Risk Management Date: [ J APPROV-EFVAS TO AssistaA City Attorney Karen J. Cumbo Date: r-AC) 7 SA rev03/10 EXHIBIT A SCOPE OF SERVICES INTERIM PDT DIRECTOR: SCOPE OF SERVICES/RESPONSIBILITIES The Interim Planning, Development and Transportation (PDT) Director will oversee all of the departments that make up the PDT Service Unit including: Transfort/Dial-a-Ride, Traffic Operations, Streets, Engineering, Advanced Planning, and Community Planning and Neighborhood Services. The Interim Director will also provide oversight to the Communications, Policy and Budget Office which is part of PDT Administration. In performing the oversight of these departments, the Director shall comply with the City's policies and rules and all applicable state and Federal laws and regulations. i;;� v f Initial: � I Specific responsibilities include but are not limited to: a. Guide the work on the various Service Unit projects including the Mason Corridor Project, Plan Fort Collins, College and Harmony Improvement Project. b. Ensure the delivery of quality services and programs provided by each of the departments in the Service Unit. c. Assist with preparation of the 2011-2012 Biennial Budget. d. Coordinate the development of policy research and development of recommendations that are presented to and considered by the City Council. e. Work with the department managers and staff to achieve Service Unit and Service Area adopted annual goals. f. Provide leadership and guidance to the PDT manager and employees and focus on creating a positive and collaborative work environment and fostering high performing teams. g. Ensure the preparation of quality materials and presentations. The Interim Planning, Development and Transportation Director works closely with and reports to the Deputy City Manager/Community Services Director. The Interim Director will also work with the Planning and Zoning Board, the City Council, community members and representatives of a variety of community agencies and organizations. The City will provide at the work site (281) N. College): • Office, PC work station, phone, keys and other normal and customary items. ■ Remote access (VPN to the City's network, City email and PC files). ■ A copy of resume is attached as Attachment 1. ■ A copy of the PDT Organizational Chart is attached as Attachment 2. ■ Contract is administered by the Deputy City Manager/CommunityrServices Director. 2