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HomeMy WebLinkAbout342049 MICHOW COX & MCASKIN LLP - CONTRACT - RFP - 7441 HEARING OFFICE - LAND USE PLANNINGPROFESSIONAL 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 Michow Cox & McAskin LLP, 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 one (1) page, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence March 1, 2016, and shall continue in full force and effect until January 31, 2017, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for one (1) additional year. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 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 Services Agreement with Michow Cox & McAskin LLP 7441 Hearing Officer – Land Use Planning Page 1 of 9 DocuSign Envelope ID: 47D65DCB-2EBB-4527-A91C-FB900A3A2703 Professional: Michow Cox & McAskin LLP Attn: Marcus McAskin 6530 S. Yosemite, Suite 200 Greenwood Village, CO 80111 City: City of Fort Collins Attn: Laurie Kadrich PO Box 580 Fort Collins, CO 80522 With Copy to: City of Fort Collins Attn: Purchasing Dept. 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. 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 $1,000,000. 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 Exhibit B, consisting of one (1) page, attached hereto and incorporated herein. 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 Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's Professional Services Agreement with Michow Cox & McAskin LLP 7441 Hearing Officer – Land Use Planning Page 2 of 9 DocuSign Envelope ID: 47D65DCB-2EBB-4527-A91C-FB900A3A2703 reimbursable direct costs. 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, 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 Professional Services Agreement with Michow Cox & McAskin LLP 7441 Hearing Officer – Land Use Planning Page 3 of 9 DocuSign Envelope ID: 47D65DCB-2EBB-4527-A91C-FB900A3A2703 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 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. 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, Professional Services Agreement with Michow Cox & McAskin LLP 7441 Hearing Officer – Land Use Planning Page 4 of 9 DocuSign Envelope ID: 47D65DCB-2EBB-4527-A91C-FB900A3A2703 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 has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and Professional Services Agreement with Michow Cox & McAskin LLP 7441 Hearing Officer – Land Use Planning Page 5 of 9 DocuSign Envelope ID: 47D65DCB-2EBB-4527-A91C-FB900A3A2703 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. Professional Services Agreement with Michow Cox & McAskin LLP 7441 Hearing Officer – Land Use Planning Page 6 of 9 DocuSign Envelope ID: 47D65DCB-2EBB-4527-A91C-FB900A3A2703 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing DATE: ______________________________ APPROVED AS TO FORM: Senior Assistant City Attorney ATTEST: City Clerk MICHOW COX & MCASKIN LLP By: __________________________________ Marcus McAskin Date: _______________________________ Professional Services Agreement with Michow Cox & McAskin LLP 7441 Hearing Officer – Land Use Planning Page 7 of 9 DocuSign Envelope ID: 47D65DCB-2EBB-4527-A91C-FB900A3A2703 3/10/2016 3/12/2016 EXHIBIT A SCOPE OF SERVICES Services Required 1. Review Type 1 development applications for consistency with the City’s Land Use Code. Copies of the application and staff report are provided prior to the public hearing. 2. Hold public hearings on each application with input from the staff, applicant and members of the public. Meeting rooms, staff support, and recordings of the hearing are provided by the City. In cases of appeal, the city will provide a verbatim transcript of the hearing. 3. Issue a written determination (an example can be provided upon request) on each application in accordance with the requirements of the Land Use Code within 10 calendar days of the public hearing. Responsible for preparation of all written documents associated with the decision. Time Commitment Administrative Public hearing dates will be scheduled as required by the workload. For 2009-2011, the number of hearings averaged 20 per year. This pace has continued into 2012 and is anticipated to increase over the next few years. Agendas will be established by the Planning Director. Meetings could extend up to six hours depending on the agenda, complexity of the projects and the amount of public testimony. Public hearings are typically held in the evening but may begin in the late afternoon depending on the agenda. Professional Services Agreement with Michow Cox & McAskin LLP 7441 Hearing Officer – Land Use Planning Page 8 of 9 DocuSign Envelope ID: 47D65DCB-2EBB-4527-A91C-FB900A3A2703 EXHIBIT B COMPENSATION $1,110.00 / per hearing** for six (6) hearings per year. $ 185.00 / per hour for additional services. **Based upon estimated time and activities that are antipcated to be involved in the three phases of a typical hearing under the City’s Land Use Code, including: (1) pre-hearing prepartation activities; (2) hearing; and (3) post-hearing activities, as set forth below. (1) Pre-hearing preparation (estimate of 2.0 to 3.0 hours) • Review staff report summarizing application • Review application • Review provisions of City’s Land Use Code and other applicable codes • Prepare notes in advance of hearing (2) Hearing (estimate of 2.0 to 5.0 hours) • Instructions to parties • City’s summary of application • City’s recommendations • City’s oral testimony of experts / witnesses / City staff • City’s exhibit presentation / introduction • Applicant’s oral testimony experts / witnesses • Applicant’s exhibit presentation / introduction • Public comment (if applicable) • City’s rebuttal • Closing instructions to parties (3) Post-hearing activities (estimated at 2.0 to 3.0 hours) • Review testimony and relevant evidence • Review exhibits • Review applicable provisions of Land Use Code • Draft written orders ESTIMATED TIME TO COMPLETE TYPICAL HEARING: Minimum of six (6.0) hours. ESTIMATED COSTS: $1,110.00 per hearing (6.0 hours @ $185.00 / hour). As set forth above, additional services would be billed at the hourly rate of $185.00 per hour. Professional Services Agreement with Michow Cox & McAskin LLP 7441 Hearing Officer – Land Use Planning Page 9 of 9 DocuSign Envelope ID: 47D65DCB-2EBB-4527-A91C-FB900A3A2703 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (PER ACCIDENT) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD MICHO-1 OP ID: JM 03/01/2016 Judith Miller Cherry Creek Ins. Agency, Inc. Suite 500 5660 Greenwood Plaza Blvd. Greenwood Village, CO 80111 Judith Miller 720-212-2045 303-799-0156 JudithM@thinkccig.com The Hartford Insurance Group 22357 Michow Cox & McAskin LLP XL Catlin 6530 S. Yosemite St.,Suite 200 Greenwood Village, CO 80111 2,000,000 A X X 34SBAII4860 03/01/2016 03/01/2017 1,000,000 X 10,000 2,000,000 4,000,000 4,000,000 X 2,000,000 X 34SBAII4860 03/01/2016 03/01/2017 X X B Lawyers Profession LPP9033249 03/01/2016 03/01/2017 Per Claim 1,000,000 Ded. $5,000 Aggregate 1,000,000 As is required included by as written an Additional contract Insured or written for ongoing agreement, operations the Certificate under General Holder Liability. City of Fort Collins Attn: Gerry Paul, Director of Purchasing 215 N. Mason Fort Collins, CO 80524 DocuSign Envelope ID: 47D65DCB-2EBB-4527-A91C-FB900A3A2703