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HomeMy WebLinkAboutCASANDRA SHELL - CONTRACT - AGREEMENT MISC - CASANDRA SHELLOfficial Purchasing Document Last updated 10/2017 Misc. Services Agreement – Community Partners Page 1 of 8 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 CASANDRA SHELL, 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 one (1) page and incorporated herein by this reference. Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence October 17, 2019 and shall continue in full force and effect until December 31, 2020, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for one (1) additional one-year period. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 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 by City/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. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Attn: CASANDRA SHELL 5151 E Boardwalk Dr Unit T-6 Fort Collins CO 80525 City of Fort Collins Attn: Lindsay Ex PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: C0D70C11-A551-426D-8AEF-771F90A220FA Official Purchasing Document Last updated 10/2017 Misc. Services Agreement – Community Partners Page 2 of 8 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, SIX HUNDRED DOLLARS ($600) as per the attached Exhibit "A". To the extent this Agreement constitutes a multiple fiscal year debt or obligation of the City, it shall be subject to annual appropriation of funds sufficient and intended therefore by the Fort Collins City Council. The City shall have no obligation to continue this Agreement in any fiscal year in which no such appropriation is made. 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. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. 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. 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. DocuSign Envelope ID: C0D70C11-A551-426D-8AEF-771F90A220FA Official Purchasing Document Last updated 10/2017 Misc. Services Agreement – Community Partners Page 3 of 8 11. Conduct of Activities. a. No person with responsibilities in the provision of the services or the operation of any program referred to in this Agreement will unlawfully discriminate with respect to any program participant on the basis of race, color, national origin, age, sex, religion, handicap, political affiliation or beliefs. b. No services provided under this Agreement shall involve political or religious activities and no funds made available under this Agreement shall be used for lobbying or proselytizing activities. c. No person with responsibilities in the provision of the services or the operation of any program referred to in this Agreement will use his or her position for his or her own private gain or for the gain of any person with whom he or she has a relationship by blood or marriage or a close business, political or personal association. d. Recipient shall manage and conduct all activities under this Agreement in a fair, professional and competent manner in compliance with all applicable federal, state and local laws and other legal requirements. 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 thereof. 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. 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. 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. DocuSign Envelope ID: C0D70C11-A551-426D-8AEF-771F90A220FA Official Purchasing Document Last updated 10/2017 Misc. Services Agreement – Community Partners Page 4 of 8 16. 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. 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. 18. 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 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. DocuSign Envelope ID: C0D70C11-A551-426D-8AEF-771F90A220FA Official Purchasing Document Last updated 10/2017 Misc. Services Agreement – Community Partners Page 5 of 8 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. 19. Authority to Sign. If the Service Provider is a corporation or other entity, the person signing this Agreement on behalf of the Service Provider hereby affirms that he or she has authority to act on behalf of the Service Provider and to bind it to the terms of this Agreement. DocuSign Envelope ID: C0D70C11-A551-426D-8AEF-771F90A220FA Official Purchasing Document Last updated 10/2017 Misc. Services Agreement – Community Partners Page 6 of 8 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: CASANDRA SHELL By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: C0D70C11-A551-426D-8AEF-771F90A220FA Plan Ambassador 10/21/2019 Casandra Shell Assistant City Attorney ll 10/21/2019 City Clerk Official Purchasing Document Last updated 10/2017 Misc. Services Agreement – Community Partners Page 7 of 8 EXHIBIT A SCOPE OF SERVICES Plan Ambassador – Our Climate Future JOB DESCRIPTION The City will train and empower the Service Provider to lead outreach to underrepresented persons and communities about sustainability; primarily energy, waste reduction, climate change and other related topics (the “Project”). PRIMARY ACTIVITIES • Hosting gatherings with community members • Listening and recording feedback from gatherings • Engaging with city staff to communicate findings EXPECTATIONS • Attend two (2) training sessions and provide a W-9 to the City. If Service provider is an individual, not a business entity, Service Provider must also provide proof of lawful status as per Exhibit B, attached and incorporated herein by reference. • Attend one (1) community listening session as an opportunity to learn more about the issues and contribute individual thoughts. • Host four (4) Our Climate Future gatherings over the course of the next year, with the first meeting convened no later than December 6, 2019 to discuss priorities in the community for the future of Fort Collins. The subsequent three gatherings (in 2020) will focus on scenarios and strategies to achieve the community vision. • Provide the City with written materials documenting feedback from the hosted gatherings, using City-provided templates for reporting. • All notes, reports and other written material the Service Provider generates shall be the property of the City, and Service provider will give all such materials to the City at or before the completion of the Project. TIME COMMITMENT AND AVAILABILITY • Each training session will take about 2.5 hours for a total of 5 hours of training. The trainings will take place on Thursday, October 17th and Wednesday, October 23rd. There is the option of attending a day session (3-5 pm) or an evening session (6-8 pm) on both days. • Four Our Climate Future gatherings (1-2 hours each) • Total of approximately 30 hours over the next 10 months PAYMENT TO SERVICE PROVIDER The City will pay Service Provider as follows: • One-third upon successful completion of the two training sessions and community listening session. • Two-thirds upon successful completion of the four Our Climate Future gatherings and submission of all reports to the City. DocuSign Envelope ID: C0D70C11-A551-426D-8AEF-771F90A220FA Official Purchasing Document Last updated 10/2017 Misc. Services Agreement – Community Partners Page 8 of 8 EXHIBIT B AFFIDAVIT PURSUANT TO C.R.S. 24-76.5-103 I, __Casandra Shell__ _____, swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): _X_ 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 INTERNAL USE ONLY Valid forms of identification ---current Colorado driver’s license, minor driver’s license, probationary driver’s license, commercial driver’s license, restricted driver’s license, instruction permit ---current Colorado identification card ---U.S. military card or dependent identification card ---U.S. coast guard merchant mariner card ---Native American tribal document DocuSign Envelope ID: C0D70C11-A551-426D-8AEF-771F90A220FA 10/21/2019