City Council Agenda and Packet 2023 04 11

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backup documentation as may be required by the City. The City shall pay the invoice within thirty (30) days of receipt unless the Services or the documentation therefor are unsatisfactory. Payments made after thirty (30) days may be assessed an interest charge of one percent (1 %) per month unless the delay in payment resulted from unsatisfactory work or documentation therefor. 5.0 PROJECT REPRESENTATION 5.1 The City designates Catherine Jepson as the responsible City staff to provide direction to the Consultant during the conduct of the Services. The Consultant shall comply with the directions given by Catherine Jepson and such person's designees. 5.2 The Consultant designates Andy Breiter as its project manager and as the principal in charge who shall be providing the Services under this Agreement. Should any of the representatives be replaced, particularly Andy Breiter, and such replacement require the City or the Consultant to undertake additional reevaluations, coordination, orientations, etc., the Consultant shall be fully responsible for all such additional costs and services. 6.0 TERM 6.1 The initial term of this Agreement shall be from the Effective Date to December 31, 2023 (the "initial term"), unless renewed pursuant to Section 6.2 below, or sooner terminated pursuant to Section 13, below. The Consultant's Services under this Agreement for the Spring 2023 season shall commence May 1, 2023 and conclude May 14, 2023. The Consultant's Services under this Agreement for the Fall 2023 season shall commence August 22, 2023 and conclude September 22, 2023. Consultant shall proceed with diligence and promptness so that the Services are completed in a timely fashion consistent with the City's requirements. If the City elects to renew this Agreement beyond the initial term in accordance with Section 6.2, then the City shall furnish Consultant with a revised schedule of Services for each renewal term (spring and fall seasons), which schedule(s) shall become part of this Agreement upon the Consultant's consent in writing thereto. If during the initial term or any renewal term, the Services cannot be performed as scheduled due to forces beyond either parties' control, including, without limitation, fires, floods, extreme weather events, natural catastrophes, or acts of God (each, a "force majeure event"), the parties shall cooperate to determine an alternative period and/or location for Consultant to perform the Services. If the Consultant cannot perform the Services during an alternative period, or if the Services are deemed unnecessary by the City due to the force majeure event, then the City may terminate this Agreement pursuant to Section 13.2. 6.2 Subject to Section 6.3, the City may elect to renew this Agreement for up to two (2) successive one (1) year terms (each a "renewal term") by providing Consultant with written notice at least thirty (30) days prior to the end of the initial term or the then -current renewal term. The Consultant's total compensation for each renewal term shall be adjusted by a percentage amount equal to the percentage change in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for the Denver -Aurora -Lakewood area (All Items, All Urban Consumers, 1967 = 100). The change shall be determined by comparison of the figure for the previous January 1, with that of January 1 of the current year. 6.3 Nothing in this Agreement is intended or shall be deemed or construed as creating any multiple -fiscal year direct or indirect debt or financial obligation on the part of the City within the meaning of Colorado Constitution Article X, Section 20 or any other constitutional or statutory provision. All financial obligations of the City under this Agreement are subject 2