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HomeMy WebLinkAbout254607 RONALD L WATKINS - CONTRACT - AGREEMENT MISC - RONALD L WATKINSPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Ronald L. Watkins, hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of (2) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence September 4, 20112, and shall continue in full force and effect until October 31, 2012, unless sooner terminated as herein provided 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: Ronald L. Watkins City of Fort Collins 895 Norway Maple Drive Attn: Purchasing Loveland, CO 80538 PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. Standard Professional Services Agreement- rev04/10 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, 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. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of six thousand dollars ($6000) plus reimbursable direct costs. All such fees and costs shall not exceed six thousand dollars ($6000). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. 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. 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, Standard Professional Services Agreement- rev04/10 2 at the option of the City, suspend the processing of any partial payment request. 8. 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 hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. 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. 10. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 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. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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- rev04/10 3 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. 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. 15. 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: Notify such subcontractor and the City within three days that Professional Standard Professional Services Agreement- rev04/10 4 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. 16. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - none. Standard Professional Services Agreement-rev04/10 5 THE CITY OF FORT COLLINS, COLORADO By: Ja es B. O'Neill II, CPPO, FNIGP Directo o Purchasing & Risk Management DATE: 9 0 I I I L. Watkins Date: Standard Professional Services Agreement- rev04/10 EXHIBIT A SCOPE OF WORK General: August 31, 2012 As per our previous discussions, Professional will furnish professional services to revise the City of Fort Collins Purchasing Procedures. Format: "Cook Book" style procedure manual which tome indicates individual procedures for each process. The revision will include a change in the current format to individual procedures related to the specific subject matter for that particular procedure. I estimate that the process will require the development of approximately 30 individual procedures based on the current content of your Purchasing Manual. Upon initial review of your current procedures, limited review of other procedure manuals and my past experience there is possibly some additional subject matter that could be added. If you desire additional procedures written the count could be as high as 40 individual procedures. I would recommend numbering the individual procedures, show an effective date and a revised date, so that in the future if the procedure is revised, you can easily determine if a City employee is referring to the correct revision of a procedure. In addition, a reference to the applicable Federal and State of Colorado Law as well as the Local Fort Collins Ordinance gives the procedure substance. Purchasing Procedures are not something you do, because you want to, or you say so, but because you are required to by law. Also, showing and authorized signature on each procedure shows the division and department authority for the content of the procedure. For example, you may wish to show "Authorized by: Director of Purchasing and Finance Director". Some possible individual Titles might be: • Code and Charter Provisions • Public Records • Department Responsibilities • Emergency Purchases • Procurement Cards • Expediting • Receiving Reports • Demonstration of Goods • Requisition/Purchasing Cycle • Department/Purchasing Responsibilities • Time Lines • Surplus Property • Life Cycle Costing • Exceptions to Competitive Procurement • Types of Solicitations • Construction Contracting Standard Professional Services Agreement- rev04/10 7 • Contracting with Federal Funds • Insurance Requirements • Ethics • Cooperative Purchasing The above listing is not complete, but will give you an idea of the content necessary. Individual procedures require some duplication of material, but we can limit that when possible and possibly refer to another procedure. If you place the manual on your Purchasing Web Site, possibly your IT personnel could "link" one to another, similar to the automated process with e-mail addresses. We want to limit the requirement for City personnel to jump from one procedure to another, back and forth, etc., but in some instances, it may be necessary. Fees: The Fee is dependent on the finalized scope of the contract that the City of Fort Collins and I agree upon. I estimate the cost to the City to be $6,000. The fee is based on a $50 per hour rate. Should the City require additional work be completed requiring hours beyond our initial agreement, the rate will be $50 per hour. Payment: Upon delivery of complete initial draft to the City, payment of 70% of the fee. Upon delivery of the finalized product to the City, 30% of the fee. Timeline: Professional understands that you would like the revised procedures completed by October 1, 2012. Professional will make every attempt to meet that deadline. We should discuss and agree upon due dates for draft and final copies of the finished product. Standard Professional Services Agreement- rev04/10 8