HomeMy WebLinkAbout14966RESOLUTION NO. 14966
A RESOLUTION AWARDING AN AGREEMENT FOR
PROFESSIONAL SERVICES IN THE AMOUNT OF $8,000
TO SHERIE SHAFFER TO COMPLETE WORK AS THE
SUCCESSION PLANNING COORDINATOR FOR PUEBLO
FOOD PROJECT IN PARTNERSHIP WITH CIVIC CANOPY
WHEREAS, competitive bids for the Succession Planning Coordinator have been
received and examined; and
WHEREAS, the proposal of Sherie Shaffer of Pueblo, Colorado was the lowest of
those bids determined to be responsive for the assessment, and the Committee of
Awards recommends to the City Council that it authorize Project Pueblo Food Project
Succession Planning Coordinator; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
City Council authorizes Project Pueblo Food Project Succession Planning
Coordinator to be performed and the agreement for said project is hereby awarded to
Sherie Shaffer in the amount of $8,000.
SECTION 2.
The Agreement for Professional Services between the City of Pueblo, a Municipal
Corporation, and Sherie Shaffer, which is attached hereto and incorporated herein,
having been approved as to form by the City Attorney, is hereby approved.
SECTION 3.
Funds for the Project Pueblo Food Project Succession Planning Coordinator shall
be paid from Project No. CI2014.
SECTION 4.
The Purchasing Agent is hereby authorized to execute said contract on behalf of
the City of Pueblo, A Municipal Corporation, and the City Clerk shall affix the seal of the
City thereto and attest same.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts
consistent with the intent of this Resolution and the contract to effectuate the transactions
described therein.
SECTION 6.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED August 8, 2022
BY: Vicente Martinez Ortega
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-5
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: August 8, 2022
TO: President Heather M. Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Laura Solano, Chief of Staff
SUBJECT: A RESOLUTION AWARDING AN AGREEMENT FOR PROFESSIONAL
SERVICES IN THE AMOUNT OF $8,000 TO SHERIE SHAFFER TO COMPLETE
WORK AS THE SUCCESSION PLANNING COORDINATOR FOR PUEBLO
FOOD PROJECT IN PARTNERSHIP WITH CIVIC CANOPY
SUMMARY:
Attached is a Resolution awarding an Agreement for Professional Services to Sherie Shaffer to
complete work as the Succession Planning Coordinator for the Pueblo Food Project.
PREVIOUS COUNCIL ACTION:
Not applicable to this Resolution.
BACKGROUND:
The City of Pueblo through the Pueblo Food Project solicited requests for proposals to assist Civic
Canopy in completing Succession Planning for the Pueblo Food Project. Succession Planning
includes many meetings, data review, and decision making for the future of the project. Civic
Canopy is providing its services to the Pueblo Food Project for free as a contractor with the
Colorado Health Foundation.
Three proposals were received from community members and after review from Pueblo Food
Project leadership, Sherie Shaffer was chosen.
FINANCIAL IMPLICATIONS:
Funding in the amount of $8,000 will be paid out of Project No. CI2014 for this service.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
Not applicable to this Resolution.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Agreement for Professional Services
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this I day of jU L ,2022("Effective Date"),by and between the City
of Pueblo,a Colorado Municipal Corporation,(hereinafter referred to as"Cent")and Sherie Shaffer,a Colorado sole proprietor,
(hereinafter referred to as"Consultant")for Consultant to render professional services for Client with respect to the Pueblo Food
Project Succession Planner Coordinator and related ancillary services,hereinafter referred to as the"Project". In consideration of
the mutual covenants hereinafter set forth,the parties agree as follows:
SECTION 1. GENERAL AND SCOPE OF SERVICES.
(a) Consultant shall satisfactorily perform the professional consulting services for the Project described in more
detail in Schedule I attached hereto and incorporated herein by reference, including but not limited to providing the outlined
Deliverables. Such services shall include all usual and customary professional consulting services in connection with Consultant's
work on the Project.
(b) Consultant shall maintain prudent and accurate records of all transactions.The Consultant shall track all project
activities.Client will not reimburse or otherwise pay for any of Consultant's transactions,as such costs are part of Consultant's
business.
(c) To the extent Consultant performs any of the Project work through subcontractors or subconsultants,Consultant
shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors or
subconsultants as it is for services performed directly by Consultant or Consultant's employees.
(d) To the extent Consultant requires access to private property to perform its services hereunder,Consultant shall
be required to make arrangements to obtain such access. However,in the event Client has already secured access for Consultant
to any such property through a right of entry agreement,access agreement,letter of consent or other instrument,Consultant shall
fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to
Consultant upon request.
SECTION 2. CONSULTANT'S RESPONSIBILITIES.
(a) Consultant shall he responsible for the professional quality, technical accuracy, and timely completion of
Consultant's work,including that performed by Consultant's subconsultants and subcontractors,and including reports and other
services,notwithstanding Client's initial acceptance of same.
(b) Consultant shall be responsible,in accordance with applicable law,to Client for all loss or damage to Client
caused by Consultant's negligent act or omission; and Consultant hereby irrevocably waives and excuses Client and Client's
attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an
action,including any such requirements set forth in Section 13-20-602,C.R.S.or similar statute,whether now existing or hereafter
enacted.
(c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work
under this Agreement and shall provide all necessary safety and protective equipment for said employees, if any.
(d) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the
Statement of Work described in Schedule/ or otherwise contemplated by the terms of this Agreement,Consultant shall advise
Client in writing that(i) Consultant considers the work beyond the scope of this Agreement, (ii) the reasons that Consultant
believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work.
Consultant shall not proceed with any out of scope or additional work until authorized in writing by Client. The compensation for
such authorized work shall be negotiated.Unauthorized work shall not be compensated.
SECTION 3, FEES FOR SERVICES PAYMENT.
(a) Client will pay to Consultant as full compensation for all services required to be performed by Consultant under
this Agreement,except for services for additional work or work beyond the scope of this Agreement,the maximum sum of U.S.
$8,000.00. Consultant may invoice Client for up to forty(40)hours of Consultant work per calendar month at a rate of$50 per
hour of work.No monthly invoice from Consultant shall exceed$2,000.00.Payments shall be made within forty-five(45)days of
invoice by Consultant.
(b) Consultant shall submit periodically,but not more frequently than monthly,records of time worked and services
rendered. Records shall contain appropriate documentation, if available, evidencing that such services have been performed.
Consultant must submit a written request and obtain signed approval prior to completing any work beyond the scope of this
agreement.
(c) No separate or additional payment shall be made for profit, overhead, telephone expenses, travel, lodging,
routine photocopying,computer time,secretarial or clerical time,or similar expenses.
(d) No compensation shall be paid to Consultant for services required and expenditures incurred in correcting
Consultant's mistakes or negligence.
(e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of
Section 2(d).
(f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are
subject to annual appropriation,Consultant acknowledges that funds only in the amount of initial appropriation are available and it
shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES.
(a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant
information,data,and previous reports accessible to Client which Consultant may reasonably require.
(h) Client shall designate a Project Representative to whom all communications from Consultant shall be directed
and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions
with respect to the Project. Said representative shall not,however,have authority to bind Client as to matters of governmental
policy or fiscal policy.
(c) Client shall examine all documents presented by Consultant,and render decisions pertaining thereto within a
reasonable time. The Client's approval of any reports,documents or other materials or product furnished hereunder shall not in
any way relieve Consultant of responsibility for the professional adequacy of its work.
(d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances
presented. Based upon the nature of Client and its requirements,a period of fourteen(14)days shall be presumed reasonable for
any decision not involving policy decision or significant financial impact,when all information reasonably necessary for Client to
responsibly render a decision has been furnished. A period of forty-five(45)days shall be presumed reasonable for Client to act
with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall
he extended where information reasonably required is not within the custody or control of Client but must be procured from
others.
SECTION 5.TERM AND TERMINATION.
(a) Term. The term of this Agreement begins on August 1, 2022 and ends on November 30, 2022, unless the
project is completed by Consultant and approved by Client prior to that date or the term is sooner terminated in accordance with
this Agreement. Client reserves the right to extend the term of this Agreement in one-year increments by written acceptance of
both parties.
(b) Fund Appropriation. This agreement is expressly made subject to the limitations of the Colorado Constitution.
Nothing herein shall constitute,nor be deemed to constitute,the creation of a debt or multi-year fiscal obligation or an obligation
of future appropriations by the City Council of Pueblo, contrary to Article X, §20 of the Colorado Constitution or any other
constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this agreement,with respect to any
financial obligation of Client which may arise under this agreement in any fiscal year after the current year,in the event the budget
or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation,such
failure shall not constitute a default by or breach of this agreement. The termination of this Agreement due to lack of funding
shall be without penalty to the Client.
(e) Client reserves the right to terminate this Agreement and Consultant's performance hereunder,at any time upon
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written notice,either for cause or for convenience. Upon such termination,Consultant and its subcontractors shall cease all work
and stop incurring expenses,and shall promptly deliver to Client all data, reports,plans,calculations,summaries and all other
information,documents,work product and materials as Consultant may have accumulated in performing this Agreement,together
with all finished work and work in progress.
(d) Upon termination of this Agreement for events or reasons not the fault of Consultant,Consultant shall be paid
the monthly rate on a pro-rated basis for all services rendered and reasonable costs incurred to date of termination,together with
any reasonable costs incurred within ten(10)days of termination provided such latter costs could not be avoided or were incurred
in mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant upon termination exceed the
maximum compensation provided for complete performance in Section 3(a).
(e) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by
Consultant,or for other fault of Consultant including but not limited to any failure to timely proceed with work,or to pay its
employees and consultants,or to perform work according to the highest professional standards,or to perform work in a manner
deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation shall be
limited to the lesser of: (a)the reasonable value of completed work to Client,or(b)payment at the monthly rate on a pro-rated
basis for services satisfactorily performed and reimbursable expenses reasonably incurred,prior to date of termination.
(f) Consultant's professional responsibility for its completed work and services shall survive any termination.
SECTION 6. SITE ACCESS.
In the event the Project will require access to property not under the control of Client, Consultant and Consultant's
employees and consultants shall obtain all additional necessary approval and clearances required for access to such property.
Client shall assist Consultant in obtaining access to such property at reasonable times but makes no warranty or representation
whatsoever regarding access to such property. Notwithstanding the foregoing,Consultant understands and agrees that entry to
some property by Consultant may be subject to compliance by Consultant with the terms and conditions of an access agreement in
accordance with section 1(d) of this Agreement.
SECTION 7. EQUIPMENT AND SOFTWARE.
Consultant will not be provided with Client owned equipment ("Equipment"), such as computers or software, for
Consultant's work on the Project. All equipment must be provided by Consultant and Consultant shall make no claim to any
Equipment or other Client property provided under this Agreement. Consultant shall cooperate in all instances with Client to
ensure compliance with Client's policies, including its information technology policies,and the protection of Client's data and
systems.
SECTION 8. USE OF DOCUMENTS.
Data, plans, reports, and all other documents prepared or provided by Consultant hereunder shall become the sole
property of Client,and Client shall be vested with all rights therein of whatever kind or nature and however created,whether by
common law,statute,or equity. Client shall have access at all reasonable times to inspect and make copies of all notes,plans,
reports and all other data or other documents pertaining to the work to be performed under this Agreement. In no event shall
Consultant publish work product developed pursuant to this Agreement except(i)with advance written consent of Client,which
consent may be granted or withheld in Client's sole and absolute discretion,and(ii) in full compliance with the requirements of
this Agreement and applicable regulations.
SECTION 9. INSURANCE AND INDEMNITY.
(a) Consultant agrees that it shall procure and will maintain during the term of this Agreement,such insurance as
will protect it from claims under workers'compensation acts,claims for damages because of personal injury including bodily
injury,sickness or disease or death of any of its employees or of any person other than its employees,claims or damages because
of injury to or destruction of property including loss of use resulting therefrom,and from claims for damages for professional
liability.
(b) Consultant agrees to hold harmless,defend,and indemnify Client from and against any liability to third parties,
arising out of negligent acts or omissions of Consultant, its employees,subcontractors,and consultants.
SECTION 10. REQUIRED GRANT PROVISIONS
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(a) Consultant understands that Client may be funding the Project in whole or part with funds provided through
private,State,and Federal grants,including but not limited to the American Rescue Plan Act("ARPA"). Consultant agrees it is
subject to and shall comply with all applicable provisions of said grants,the Act under which the contract award has been made,
and applicable regulations.
(b) Consultant shall comply with all applicable Federal,State,and local laws applicable to its activities.
(c) All records with respect to any matters covered by this Agreement shall be available for inspection by Client and
the grant providers at any time during normal business hours and as often as Client and the grant providers deem necessary,to
audit,examine,and make excerpts or transcripts of relevant information,and otherwise to perform official functions or duties.
SECTION I1. SUBCONTRACTS.
(a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a
contractual relationship under this Agreement. To the extent Consultant performs any Project activities through subconsultants or
subcontractors,Consultant shall contractually bind each of its subconsultants and subcontractors by subcontract agreement to all
of the terms of this Agreement which are for the benefit of Client,and Client shall be a third-party beneficiary of those subcontract
provisions.
(b) Consultant shall indemnify and defend Client from all claims and demands for payment for services provided by
subcontractors of Consultant.
(c) Consultant acknowledges that,due to the nature of the services to be provided under this Agreement,the Client
has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services
performed under this Agreement. Consequently, Consultant shall not assign or reassign Project work to any person to whom
Client has reasonable objection.
SECTION 12. MISCELLANEOUS.
(a) Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be
served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly served and given
when personally delivered to the party to whom it is directed,or in lieu of such personal service,when deposited in the United
States mail,first-class postage prepaid,addressed to the Client,Attention:Nicholas A.Gradisar,Mayor,1 City Hall Place,Pueblo,
Colorado 81003;or to Consultant,Attention: Sherie Shaffer, 1917 N.Greenwood Street,Pueblo,Colorado,81003.Either party
may change its address for the purpose of this paragraph by giving written notice of such change to the other party in the manner
provided in this paragraph.
(b) Entire Agreement. This instrument contains the entire agreement between Consultant and Client respecting the
Project,and any other written or oral agreement or representation respecting the Project or the duties of either Client or Consultant
in relation thereto not expressly set forth in this instrument and its attachments is null and void.In the case of any conflict between
the terms of this Agreement for Professional Services and terms of Schedule I or any other attachment hereto,the terms of this
Agreement shall govern.
(c) Successors and Assigns. This Agreement shall be binding on the parties hereto and on their successors and
assigns;provided,however,neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to
Consultant may be assigned by it without the written consent of Client, which consent may be withheld in Client's sole and
absolute discretion. Any assignment or attempted assignment in violation of this subsection shall be void.
(d) Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by written
amendment signed by an authorized representative of Consultant and by Client in accordance with the requirements of Section
4(b)of this Agreement or upon authorization of Client's governing board.
(e) Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of
Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of
competent jurisdiction located in Pueblo,Colorado.
(1) Equal Employment Opportunity. In connection with the performance of this Agreement,neither Consultant nor
its consultants shall discriminate against any employee or applicant for employment because of race,color,religion,sex,national
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origin,disability,gender orientation or age. Consultant shall endeavor to ensure that its employees are treated during employment
without regard to their race,color,religion,sex,national origin,disability,gender orientation or age.
(g) Severability. If any provision of this Agreement,except for Section 2,is determined to be directly contrary to
and prohibited by law,then such provision shall be deemed void and the remainder of the Agreement enforced. However,it is the
intent of the parties that Section 2 of this Agreement not be severable,and that if any provision of said section be determined to be
contrary to law,then this entire Agreement shall be void.
(h) Electronic Signatures.This Agreement and all other documents contemplated hereunder may be executed using
electronic signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable
Document Format(PDF)or other readily available file format,or by copy transmitted via email,or by other electronic means and
in one or more counterparts,each of which shall be: (i)an original,and all of which taken together shall constitute one and the
same agreement,(ii)a valid and binding agreement and fully admissible under state and federal law, and(iii) enforceable in
accordance with its terms.
SECTION 13. PERA LIABILITY.
Consultant shall reimburse the Client for the full amount of any employer contribution required to be paid by the City of
Pueblo to the Public Employees' Retirement Association("PERA") for salary or other compensation paid to a PERA retiree
performing contracted services for the Client under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as the Effective Date,
CITY OF PUEBLO, SHERIE SHAFFER
A MUNICIPAL CORPORATION
t ..
2imoitridekaideegmt__
Nicholas A.Gradisar,Mayor
Attest: CjeS Title: � f-
City Cl
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BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
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APPROVED AS TO FORM:
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City Attorney
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SCHEDULE 1
STATEMENT OF WORK
Summary:
Pueblo Food Project(PFP) is in the process of developing a succession plan that will guide
the future of the coalition. PFP will partner with coalition members and Civic Canopy to
create a community guided plan that defines PFP's role and work in the Pueblo community.
PFP seeks a coordinator to help project manage this process and provide strategic insights
along the way.
Expectations and Deliverables:
• Coordinate all succession planning efforts for the Pueblo Food Project from June 1,
2022 thru October 1, 2022
• Develop a succession plan document in collaboration with community members and
Civic Canopy
• Provide strategic insights throughout the planning process
• Research possible fiscal sponsors for the Pueblo Food Project
• Work closely with PFP program manager and City of Pueblo Staff as needed
Qualifications
• Demonstrated project management skills
• Demonstrated community engagement experience skills
• Demonstrated teaching skills across diverse audiences
• Reporting and evaluation experience
• Understanding of the Pueblo Food Project
Budget
The selected vendor can bill up to forty(40)hours per month at the rate of$50/hr. No
monthly invoice should exceed $2000. The maximum value of this contract is up to $8,000
total through October 2022.
Proposal Requirements
• Bidders must submit their bid with the following sections
O Statement of purpose
■ Why do you want to do this work?
O Qualifications and relevant experience
■ What qualifications do you possess that lead you to believe you are
qualified to do this work?
■ What past experience do you have that is similar to this work?
O Proposed project plan
■ How will you go about this work?
■ What resources will you provide?
•■ What resources will you need?
O References
■ Please include the name, email, and phone number of three
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Consultant
Sherie Shaffer
sa.ca!Icy 894(.gin ai I.co in
719-406-7078
Statement of Purpose
I have worked closely with PFP through my job at CSU Extension-Pueblo County since the
organization's creation. I have experienced firsthand the impact PFP has on the Pueblo Community
through the food system and beyond. Planning the future of the organization and making sure impactful
efforts can continue in the future is something I see as important on a large scale. Being familiar with the
work PFP has done and having been a partner in many of the projects that have been conducted puts me
in a position where I can effectively facilitate the conversation on succession with coalition members
and Civic Canopy.
Qualifications and Relevant Experience
My qualifications and experience come from the work I have done in my current position at CSU
Extension in Pueblo County. I have several projects happening at any one time in my position as
Horticulture Agent. I manage all projects from planning, to implementation, to evaluation. Through
Extension I have experience in community engagement, as we seek feedback from the community in
many forms regarding the needs they are facing and how Extension programming can help meet those
needs. I have a plethora of experience teaching various, and diverse audiences about a wide variety of
horticulture based topics. I have also had formal classroom teaching experience as an adjunct professor
at Pueblo Community College. Programs that I conduct through the Extension office are evaluated for
effectiveness and impact. These parameters are reported through our reporting system as well as
participant numbers and demographics when available. I am familiar with the work PFP has done since
it's creation, and have been a partner in several things such as the edible landscapes project, the
community garden sustainability project, the food and farm literacy working group, the Pueblo food
systems organization, and most recently the succession planning task force.
Proposed Project Plan
To go about succession planning for the PFP, I would work closely with Civic Canopy and the coalition
members of PFP to start conversations about the future of the organization. From those conversations I
would again work with Civic Canopy to develop and written plan for the succession of the specific
projects and efforts currently under PFP. That plan would be presented to the coalition members for
final feedback, and a final draft completed and implemented by the end of this contract. The resources I
would provide would be acting as a liaison between the coalition members and Civic Canopy. I would
help set and run meetings related to succession planning, take notes and clarify that I have captured the
thought and ideas of all attendees, and develop a succession plan document that could be used to guide
the future of PFP's work in the community. I would need logistical resources, for example a way to
communicate with the coalition as a whole and a way to host virtual/in person meetings. I would also
need guidance on succession best practices from Civic Canopy, and guidance on how to best accomplish
developing a successful succession plan. In addition I would need guidance on researching fiscal
sponsors for the PFP when it comes to what exactly we are looking for and what kind of things we are
not looking for.
References
Michael Fisher, County Director, CSU Extension-Pueblo County
fisher@pueblocounty.us, 719-583-6566
Carolyn Valdez, Program Assistant(retired), CSU Extension-Pueblo County
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durkskin@gmail.com, 719-250-1076
Catherine Burst, President, Supporters of Horticulture Education
catherineburst@gmail.com
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