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HomeMy WebLinkAboutContract 1902 COMMUNICATIONS CONSULTANT SERVICES AGREEMENT This Agreement is made this 28th Day of March 2006, by and between Ehlers & Associates, Inc. (with a subcontract to JMS Communications and PBS Graphic Art & Design and facilitator subconsultant), a Minnesota corporation, ("Contractor") and the City of Columbia Heights, a Minnesota municipal corporation ("City"). Recitals 1. The City is interested in incorporating a public participation process to obtain public input and communicate with constituents regarding future public facilities needs; 2. The City has been authorized to enter into a contract for public participation services; and 3. The City has approved the contract for public participation services with the Contractor; and 4. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform the following public participation services, as requested and scheduled by the City: 1.01. Review and affirm needs statement 1.02 Provide a communications plan. 1.03 Staff the project committee and public participation process 1.04 Establish need and identify process through first public participation open house 1.05 Work with staff and architect to identify and analyze options 1.06 Review options through public participation open house 1.07 Assess options and public feedback on options 1.08 Review selected options though final public participation open house 1.09 Assist committee and decision maker on preferred option. The scope of this work shall remain flexible and the design of the process shall be directed by the City. An outline of such work shall be fOlmd in Exhibit A. 2.0. TERM. The term of this contract will be March 28, 2006 to December 31,2006. 3.0 COMPENSATION. The City will compensate Contractor in an amount not to exceed $35,540.00. This cost includes hourly rate costs including a communications plan, three open house plans and poster size boards for three open houses, three new releases, development of three newsletters including text and graphics, a financial options review and a final powerpoint presentation. It does not include an optional community surveyor costs of printing and distributing newsletters. The printing costs for a 2-page two-color newsletter is approximately $1,600 and postage costs are approximately $1,800 ($.40 to $.45 per newsletter). Therefore, the total estimated newsletter printing and distribution for three newsletters is approximately an additional $10,000. The City will approve and will directly pay the newsletter printing and postage costs. The Contractor will bill the City on a monthly basis according to the following rate schedule. Jill Schultz, JMS Communications Services Mark Ruff, Ehlers & Associates Facilitator subconsultant $125.00 per hour $175.00 per hour $80.00 per hour Bills for JMS Communications and the graphic design of communication material will be passed through to the City on the monthly invoice. No charges for mileage or regular business expenses shall be billed to the City. Messenger and overnight services may be billed to the City. Support staff time is included and shall not be billed to the City. 4.0 INDEPENDENT CONTRACTOR. 4.01. Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4 4.02. The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03. The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for i~ury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION. The Contractor will provide its own worker's compensation insurance and will provide evidence to the City of such coverage before providing services under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnifY the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 5 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or cornmon law. 12.0 TERMINATION. Either party may terminate this Agreement by providing five (5) day written notice. All finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor shall become the property of the City upon termination of this Agreement, but the Contractor may retain copies of such documents as records of the services provided. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF CL/UMBL\HEIG TS (/f ,/~ B~'"~"~~"~:~(~Z IW,-~~ ' 12"<- <..~ Its Mayor - Ga ry L. Peterson By Its City ManAZ.... - Date: ,vi; '. Wa'1 ter R. Fehst EHLERS & ASSOCIATES, INC, By: Its Executive Vice Pre . Attachements 6 From: To: Date: Subject: "Mark Ruff' <mark@ehlers-inc.com> "Cher Bakken" <Cher.Bakken@cLcolumbia-heights.mn.us> 7/17/200610:05:41 AM Re: JMS and PBS Agreements All of our legal requirements are in the one document - among all parties. We do not have a separate agreement. M >>> "Cher Bakken" <Cher.Bakken@cLcolumbia-heights.mn.us> 7/17/2006 9:04:30 AM >>> mark the agreement you sent me is between you and us, not you and PBS AND JMS. Please send that one. Cher Cheryl(Cher) Bakken City of Columbia Heights Community Development Secretary >>> "Mark Ruff' <mark@ehlers-inc.com> 7/17/2006 8:49 AM >>> >>> "Cher Bakken" <Cher.Bakken@cLcolumbia-heights.mn.us> 7/11/2006 11 :34 AM >>> Our financial department is asking for a copy of the above listed agreement that is subcontracted under the Communications and Consulatant Services Agreement between Ehlers and the City of Columbia Heights in order to pay bills under the contract. Can you get me a copy of this? Cher Cheryl(Cher) Bakken City of Columbia Heights Community Development Secretary This email has been scanned for all viruses by the MessageLabs Email Security System. This email has been scanned for all viruses by the MessageLabs Email Security System. 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