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HomeMy WebLinkAbout432056 FORESENSIC QUALITY SERVICES - CONTRACT - CONTRACT - 77085111=sx�.•i d�,. H,.� ^a �1 F i,'tti ?,I 1i`rr'ir.^r; ',+s.-,11,r_ 3ITY1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Forensic Quality Services, hereinafter referred to as "Professional" WITNESSETH In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows 1 Scope of Services The Professional agrees to provide seances in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated herein by this reference 2 Contract Penod This Agreement shall commence November 26, 2007 and shall continue in full force and effect until December 31, 2007, unless sooner terminated as herein provided 3 Early Termination by City Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties All notices provided underthis Agreement shall be effective when mailed, postage prepaid and sent to the following addresses Professional: City: With Copy to: Forensic Quality Services Fort Collins Police Services City of Fort Collins, Purchasing Attn Dr Kathleen Savage Attn JoAnne Sizemore PO Box 580 7881 114'" Ave Timberline Road Fort Collins, CO 80522 Largo, FL 33773 Fort Collins, CO 80525 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement Such payment shall be the Professional's sole right and remedy for such termination 4 Design, Protect Indemnity and Insurance Responsibility The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City, and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $N/A 6 Compensation In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee of Nine Thousand Five Hundred Dollars ($9,500) with maximum compensation (for both Professional's time and reimbursable direct costs not to exceed Nine Thousand Five Hundred Dollars ($9,500) according to the Cost of Services attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs Final payment shall be made following acceptance of the work by the City Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City 7 City Representative The City will designate, prior to commencement of work, its protect representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the protect All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative 8 Monthly Report Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request 9 Independent Contractor The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins The City shall not be responsible for withholding any portion of Professional's compensation hereunderforthe payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose 10 Personal Services It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City 11 Acceptance Not Waiver The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement 12 Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party should fad or refuse to perform according to the terms of this agreement, such party may be declared in default 13 Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages, (b) treat the Agreement as continuing and require specific performance, or (c) avail himself of any other remedy at law or equity If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party forthe non -defaulting party's reasonable attorney fees and costs incurred because of the default 14 Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, then officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties 15 Law/Severability The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement 16 Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work Pursuant to Section 8-17 5- 101, C R S , et seq , Contractor represents and agrees that a As of the date of this Agreement 1 Contractor does not knowingly employ or contract with an illegal alien, and 2 Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees b Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement c Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued d Contractor is prohibited from using Basic Pilot Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed e If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall 1 Notify such subcontractor and the City within three drays that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, and 2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien, except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien f Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8- 17 5-102 (5), C R S g If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17 5-102, C R S the City may terminate this Agreement If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17 5-102, C R S h The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach THE CITY OF FORT COLLINS, COLLORADO By , (3 OYXO-4— Ja es B O'Neill II, CPPO, FNIGP Directo - f Purchasing & Risk Management DATE L� 3.167 Forensic QualitV Services By Title Business Manager ) Date 11 1 2 gkzw-� ATT ULAw V 4-W (Corporate Seal) C porate Secretary ��.aJNUTY S`;9, o�FOR Po, Mtn : LU SEALS N o Zoos 'y . 'c�OR10P.• EXHIBIT "A" Scope of work Professional will conduct a needs analysis or gaps assessment of our Forensic Services laboratory The city's lab provides limited services and is focused on impression evidence Professional will conduct on -site assessments of the following • Processes and procedures • Employees' performance and casework review • Management assessment The laboratory employs three full-time and one half-time employee, with a workload in 2006 of 338 cases with latents developed, 238 cases entered into AFIS and 47 cases with identifications (including manual matches) Professional will utilize a strategic planning point of view, with the expectation that the audit will help the City to determine how it might improve the quality and efficiency of service delivery, and be in a better position to respond to discussions on regional partnerships It is understood that there is some urgency about the review of the technical and casework review aspects of the scope Summary of proposal The technical review will be conducted to generally accepted best practice standards, and not to any specific accreditation or credentialing program However, the report will strongly advise that the Department seeks accreditation of its laboratory and encourages its examiners to seek IAI certification Option 2: Two experienced consultants will spend two days on site (that is, a total of four consultant days, or twice the time on site allowed for in Option 1) conducting a technical review as in Option 1, but also interview key stakeholders within the Fort Collins PD and the District Attorney's office The cost of this allowing for post site -visit discussion and analysis, travel time and expenses, would be $9,500 PROPOSAL Work plan, Option 2 Note that the tasks will be split between two consultants, identified as "Technical", "Management" or "Both" The conduct of the technical review will be as described in Option 1 Day 1, AM Opening conference with Director Sizemore and other Fort Collins PD staff of her choosing (Both) Technical Walk through laboratory facility for orientation in regard to security, evidence handling and safety (Technical assessor with laboratory supervisor) Management Discussions on strategic implications, Management, Director Sizemore, other key Ft Collins PD stakeholders in the context of the strategic implications of the review Day 1, PM Technical • Review laboratory Quality Manual and SOPS • Review sample of case files from each officer • Review training and competency records for each officer Management Day 2, AM Technical Meet with stakeholders to explore "regional partnerships" aspect of scope Interview technical and supervisory staff Review Quality Assurance records Confirmatory checks by selecting completed and in process cases and reviewing each step in detail, from receipt through evidence integrity to examination notes, report, and (where appropriate) testimony Management • Review management issues with Director Sizemore Meet with DA's office staff Day 2, PM Technical • Complete any unfinished aspect of the review Management • Meet with Technical assessor to discuss findings on quality, efficiency and effectiveness of service delivery Both • Private debriefing with Director Sizemore • Closing conference with Director Sizemore and other Fort Collins PD staff of her choosing Timing of review It is understood that the Department wishes the review to be conducted and completed before the end of 2007 FQS can meet that deadline with the proviso that we may have to change one or both proposed assessors depending on the exact dates, However, the replacements would be of equivalent standing EXHIBIT "B" COST OF SERVICES Cost The cost of Option 2 is $9,500 including all expenses and off -site consultant time FQS's EIN will be transmitted to the Ft Collins Police Department Finance Office if the proposal is accepted