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.
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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.
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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
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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
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