HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9201760Official Purchasing Document
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Services Agreement
SS 2020 – Halligan Water Supply Project – Adaptive Management Plan 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 the BOARD OF GOVERNORS OF THE COLORADO STATE
UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY, an
institution of higher education of the State of Colorado 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 three (3) pages and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider shall be solely responsible for performance of all
duties hereunder.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within five (5) days following execution of this
Agreement by all parties. Services shall be completed no later than September 1, 2021.
Time is of the essence. Any extensions of the time limit set forth above must be agreed
upon in a writing signed by 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 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:
Colorado State University
Sponsored Programs
Attn: Sr. Research Administrator
2002 Campus Delivery
Fort Collins, CO 80523-2002
City of Fort Collins
Attn: Eileen Dornfest
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
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Official Purchasing Document
Last updated 10/2017
Services Agreement
SS 2020 – Halligan Water Supply Project – Adaptive Management Plan 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 including non-cancelable obligations for the term of this
Agreement, 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. Compensation. In consideration of the services to be performed pursuant to this Agreement,
the City agrees to pay the Professional a fixed fee in an amount not to exceed twenty-seven
thousand, one-hundred fifty-four dollars ($27,154) on a cost reimbursable basis in
accordance with Exhibit A consisting of three (3) pages and incorporated herein by this
reference. 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 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.
DocuSign Envelope ID: CB3EB4F2-CF5E-4151-8A56-FB48D13B8917
Official Purchasing Document
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Services Agreement
SS 2020 – Halligan Water Supply Project – Adaptive Management Plan Page 3 of 8
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. 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 performed by an institution of higher education.
b. Service Provider warrants it will provide services in accordance with the scope of
services attached hereto as Exhibit A.
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. Limitation of Liability and Insurance.
a. Each party hereto agrees to be responsible to the fullest extent allowed by law for its
own wrongful or negligent acts or omissions, or those of its officers, agents, or
employees. It is expressly understood and agreed that nothing contained in this
Agreement shall be construed as an express or implied waiver by either Party of the
protections and limitations of liability set forth in the Colorado Governmental Immunity
Act, C.R.S. §§ 24-10-101, et seq., or as otherwise provided by law. Each Party
represents and warrants that it maintains comprehensive general liability insurance and
all coverages required by law sufficient for the purpose of carrying out the duties and
obligations arising under this Agreement. Service Provider will furnish the City a
certificate evidencing such insurance upon written request.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
DocuSign Envelope ID: CB3EB4F2-CF5E-4151-8A56-FB48D13B8917
Official Purchasing Document
Last updated 10/2017
Services Agreement
SS 2020 – Halligan Water Supply Project – Adaptive Management Plan Page 4 of 8
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 confirm the employment eligibility of all newly hired employees
to perform work under this Agreement through a process consistent with the
requirements of Colorado law.
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.
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
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Official Purchasing Document
Last updated 10/2017
Services Agreement
SS 2020 – Halligan Water Supply Project – Adaptive Management Plan Page 5 of 8
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.
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
COLORADO STATE UNIVERSITY
By:
Printed: Carmen Morales
Title: Senior Research Administrator
Date:
DocuSign Envelope ID: CB3EB4F2-CF5E-4151-8A56-FB48D13B8917
11/24/2020
Assistant City Attorney ll
11/24/2020
City Clerk
Official Purchasing Document
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Services Agreement
SS 2020 – Halligan Water Supply Project – Adaptive Management Plan Page 6 of 8
EXHIBIT A
SCOPE OF SERVICES
SCOPE OF WORK
The Center for Collaborative Conservation (CCC) will develop and facilitate project partnering
sessions among City staff and their existing partners (e.g., agencies, consultants) to create
alignment around content and process for development of an Adaptive Management Program
(AMP) for the Halligan Water Supply project. A well-developed AMP will be critical to the long-
term success of the Halligan Project. A key product of Phase 1 will be a comprehensive plan for
stakeholder engagement in Phase 2, where, with support from CCC staff, the City will engage
other public agencies, environmental organizations, local landowners, and other key voices.
The specific goals of Phase 1 will be to:
Introduce the adaptive management cycle: why we want to use it, what are the
components, and how it works.
Understand the needs, opportunities, and constraints of an Adaptive Management
Program (AMP) in the context of project permitting (e.g., Fish and Wildlife Management
Plan), City policy (e.g., Water Supply and Demand Management Policy), and public
engagement.
Reach consensus on the purpose, goals, and objectives of the AMP.
Create a shared understanding of possible desired outcomes for the AMP, including
what resources would be included, and for each resource:
o What is current status, function, and trends.?
o What might be desired outcomes?
o Identify performance indicators.
o What adaptive management strategies and actions could apply, including
monitoring and changing management?
o What risks and uncertainties exist?
Draft proposed structure and function of the AMP, including implementation, decision
making, and communication,
Develop plan for stakeholder engagement in the AMP, including problem solving, conflict
resolution, and communication.
Follow-up meetings to assess overall adaptive management program, evaluate progress
toward project goals, adapt goals as needed, and provide reflection for continuous
improvement.
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Official Purchasing Document
Last updated 10/2017
Services Agreement
SS 2020 – Halligan Water Supply Project – Adaptive Management Plan Page 7 of 8
TASKS, SCHEDULE, and PERSONNEL
The specific tasks to be performed by the Center for Collaborative Conservation will include:
November – January 2021 Personnel Hours
Pre-meeting situation assessment
through conversations with team
members
Sanderson
Project asst.
20
20
Planning and content development for
meetings, including identifying technical
information and expertise to be used
during partnering sessions.
Sanderson
Project asst.
26
16
Standing weekly or bi-weekly meetings
with core team.
Sanderson
Project asst.
6
6
February - March, 2021
Facilitation of each workshops and
other meetings if needed
Sanderson
Project asst.
20
20
Through workshop, co-create with City
staff and consultants:
Included above
o Draft structure, function, and
content of the AMP, with
articulation of constraints and
opportunities for stakeholder
engagement.
Sanderson
Project asst.
Included above
o Draft key elements of
stakeholder engagement plan.
Sanderson
Project asst.
Included above
Post-workshop meeting with core team
to de-brief workshop and confirm
workshop follow-up
Sanderson
Project asst.
4
4
Summarize the results of each session
back to the project team, including
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SS 2020 – Halligan Water Supply Project – Adaptive Management Plan Page 8 of 8
Project asst. 12
Standing weekly or biweekly meetings
with core team.
Sanderson
Project asst.
12
12
SCHEDULE
We anticipate a start date in November 2020 with final deliverables completed by September
2021.
BUDGET
Values below are not-to-exceed amounts. Actual time will be billed.
Personnel Rate
# of
hours
Center for Collaborative Conservation Director
(John Sanderson)
$95.91 per hour 208 $ 19,949
Project assistant, Warner College of Natural
Resources Graduate Student (tbd)
$29.60 per hour 160 $ 4,736
$ 24,685
Indirect (10% TDC) $ 2,469
Total $ 27,154
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evaluation of session effectiveness.
Sanderson
Project asst.
4
12
Standing weekly or biweekly meetings
with core team.
Sanderson
Project asst.
6
6
April – September, 2021
Working with core team, complete:
o Draft AMP. Sanderson
Project asst.
40
20
o Draft stakeholder engagement
plan.
Sanderson
Project asst.
40
22
Development of path forward for
additional partnering or engagement as
needed
Sanderson
Project asst.
Included above
Plan and facilitate one workshop with
full team (City staff plus Jacobs staff) to
ensure internal alignment.
Sanderson
Project asst.
10
10
Finalize draft plans Sanderson 20
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