HomeMy WebLinkAboutBlue Door Consulting 1/21/2016PROFESS/ONAL SERVICE3 AGREEMENT-HEALTHYNE/GHBORHOODS
lNl71ATIVE BRAND/NG
THIS AGREEMENT, made on th�l day ofJANUARY, 2016 byand belween the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and BWE
DOOR CONSULTING 21 W. NEW YORKAVE OSHKOSH, WI54901, hereinafter referred
to as the CONSULTANT,
WITNESSETH:
That the CITY and the CONSULTANT, for the consideration hereinafter named,
agree as follows: (NOte: If anything in the Proposal conFlicts with the Request for
Proposals or this document, the provisions in the Request for Proposals and this document
shall govern.)
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the following
individual to manage the project described in this contract:
(HEIDI STRAND, CONSUTLANT)
B. Changes in Project Managec The CITY shall have the nght to approve or
disapprove of any proposed change from the individual named above as Project Manager.
The CITY shall be provided with a resume or other information for any proposed substitute
and shall be given the opportunity to interview that person prior to any proposed change.
ARTICLE II. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the prqect described in this
contract:
(ELIZABETH WILLIAMS, ASSOCIATE PLANNER)
ARTICLE III. SCOPE OF WORK
The CONSULTANT shall provide the services described in the Consultant's "Healthy
Neighborhoods Initiative- Branding Action Plan" proposal dated November 23, 2015 and
attached as Exhibit A. If anything in the ConsultanYs proposal conflicts with this
agreement, the provisions in the agreement shall govern, and is incorporeted into this
agreement to the extent it does not conflict with the CITY'S Request for Proposals, or this
agreement.
The CONSULTANT may provide additional products and/or services if such
products/services are requested in writing by the Authorized Representative of the CITY.
ARTICLE IV. CITY RESPONSIBLITIES
The CITY shall furnish, at the CONSULTANT'S request, such information as is
needed by the CONSULTANT to aid in the progress of the project, providing it is
reasonably obtainable from CITY records.
To prevent any unreasonable delay in the CONSULTANT'S work the CITY will
examine all reports and other documents and will make any authorizations necessary to
proceed with work within a reasonable time period.
ARTICLE V. TIME OF COMPLETION
All work to be pertormed under this contract shall be completed on or before DECEMBER
31, 2076 unless the parties agree in writing to eMend this date.
ARTICLE III. PAYMENT
A. The Contract Sum.
The CITY shall pay to the CONSULTANT for the performance of the contrect the total sum
of E28,719.00 (TWENTY EIGHT THOUSAND SEVEN HUNDRED NINETEEN DOLLARS
AND OON00), adjusted by any changes as provided in the proposal, or any changes
hereafter mutually agreed upon in writing by the parties hereto.
B. Method of Payment. The CONSULTANT shall submit itemized monthly
statements for services. The CITY shall pay the CONSULTANT within 30 calendar days
after receipt of such statement. If any statement amount is disputed, the CITY may
withhold payment of such amount and shall provide to CONSULTANT a statement as to
the reason(s) for withholding payment.
C. Additional Costs. Costs foradditional services shall be negotiated and set forth
in a written amendment to this agreement executed by both parties priorto proceeding with
the work covered under the subject amendment.
ARTICLE IV. CONSULTANT TO HOLD CITY HARMLESS
The CONSULTANT covenants and agrees to protect and hold the CITY harmless
against all actions, claims and demands of any kind or character whatsoever which may in
any way be caused by or result from the intentional or negligent acts of the CONSU LTANT,
his agents or assigns, his employees or his subcontractors related however remotely to the
performance of this Contract or be caused or result from any violation of any law or
administrative regulation, and shall indemnify or refund to the CITY all sums including court
costs, attorney fees and punitive damages which the CITY may be obliged or adjudged to
pay on any such claims or demands within thirty (30) days of the date of the CITY'S written
demand for indemnifcation or refund.
ARTICLE V. INSURANCE
The CONSULTANT shall provide insurance for this project that includes the CITY as an
additional insured. The specific wverage required for this project are identified on a
separate document.
ARTICLE VI. TERMINATION
A. ForCause.
If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations
under this Agreement, the CITY shall have the right to terminate this Agreement by written
notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to
compensation for any satisfactory, usable work completed.
B. For Convenience.
The CITY may terminate this contract at any time by giving written notice to the
CONSULTANT no later than 10 calendar days before the termination date. If the CITY
terminates under this paragraph, then the CONSULTANT shall be entitled to compensation
for any satisfactory work pertormed to the date of termination.
This document and any specified attachments contain all terms and conditions of
the Agreement and any alteration thereto shall be invalid unless made in writing, signed by
both parties and incorporated as an amendment to this Agreement.
In the Presence of:
(Seal of Contractor
if a Corporation.)
APPROVED:
i y A torney
BLUE DOOR CONSULTING
�� /
�� � �/ tir
(HEIDI STRAND, CONSULTANT)
(Specify Title)
CITY OF OSHKOSH
BY: /� �8• /�i�—
M rk A. Rohloff, City Manager
And: Pamela R. U� i`\Clerk��� �
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
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