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Home My WebLink About373832 DAVID GILLILAND - CONTRACT - AGREEMENT MISC - DAVID GILLILANDPROFESSIONAL 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 acting on behalf of the Poudre Fire Authority , hereinafter referred to as the "City" and David I. Gilliland, Ph.D., 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. Scooe of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence April 1, 2012 and shall continue in full force and effect until March 31,.2012, 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 under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: ., Standard Professional Services Agreement- rev04/10 1 SAMPLE B 2012 PFA Business Fire Survey Section 1: First Hand Experience with PFA What was the experience (fire or medical emergency), when did it occur, how many people were involved, how do you rate PFA? Section 2: Recent visit by PFA or emergency, last 3 years... visited by the Fire Dept within the Yes No Unsure Final occupancy fire code inspection .................................... Yearly or semi-annual workplace fire code inspection ............... Hazardous materials permit ................................................ Occupancy type or number change request ............................ Education program ............................ .......... I....................... Pre -fire planning................................................................ Couple more... Section 3: Rate PFA on recent contact Have you had recent contact with the Fire Dept. (if 'yes" proceed)... Strongly Agree Strongly Disagree Fire Dept. personnel provide correct information regarding the Uniform Fire Code ...................................................... 1 2 3 4 5 Fire Dept. personnel provide adequate safety training...................................................................... 1 2 3 4 5 Fire Dept. personnel offer adequate guidelines to assist you with correcting code violations ....................................... 1 2 3 4 5 Visit to visit the Fire Dept. is consistent in what they cite as a code violation............................................................ 1 2 3 4 5 Fire Dept. personnel respect your time when conducting a fire code inspection............................................................ 1 2 3 4 5 Section 4: Nonemergency services Regarding the Fire Department's non -emergency services... Strongly Agree Strongly Disagree The Fire Dept.'s non -emergency activities are flexible enough to respond to individual business needs .................. They include the necessary information for businesses to understand the purpose of fire code enforcement ............... Non -emergency services are coordinated well enough with other government organizations, such as the Health Department................................................................. More and open ends... Standard Professional Services Agreement- revO4/10 10 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Section 5: Benchmark attitudes to 2006 Performance... Yes No Responds to incidents within an appropriate time frame............ _ _ Provides necessary follow-up services after an emergency......... _ _ Resolves the incident to the caller's satisfaction ........................ 1 or 2 more... Section 6: Demographics Address, Number of full- and part-time employees, how long in current location, how long in FC, etc. Standard Professional Services Agreement- mv04/10 11 Professional: Poudre Fire Authority With Copy to: David I. Gilliland, Ph.D. Poudre Fire Authority City of Fort Collins, Purchasing Associate Professor of Attn: Tom DeMint PO Box 580 Marketing 102 Remington Street Fort Collins, CO 80522 Academic Director of Fort Collins, CO 80524 Graduate Programs College of Business, Colorado State University Fort Collins, CO 80523-1278; 970-491-5224 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 underthis Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Desion, Project 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 negligent 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. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Twenty -Two Thousand Seven Hundred Dollars ($22,700). Monthly partial payments based upon the Professional's billings and itemized statements 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 Standard Professional Services Agreement- revO4110 hereto and upon the City's approval of the Professional's actual reimbursable expenses. 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. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. 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. 8. 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 forwithholding any portion of Professional's compensation hereunderforthe paymentof FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. Personal Services. It is understood thatthe 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. 10. 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 Standard Professional Services Agreement- revO4/10 3 waiver of any rights or benefits provided to the City under this Agreement. 11. 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 fail or refuse to perform according to the terms of this agreement, such parry may be declared in default. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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 for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. 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. 15. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, Standard Professional Services Agreement- rev04/10 4 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional 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. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional 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 Professional 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. e. Professional 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. f. If Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this Standard Professional Services Agreement- rev04l10 provision of this Agreement and the City terminates the Agreement for such breach. POUDRE FIRE AUTHORITY DA' THE CITY OF FORT COLLINS, COLORADO BY� James B. O'Neill II, CPPO, FNIGP Director o, f Burchasin &R712— k Management DATE: S �r T DA VID I. GILLILAND, PH.D By: L"J�>lA�JhJI Title: X-r� &4t2 CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev04/10 EXHIBIT A SCOPE OF SERVICES The Scope of Work outlines the details of the projects that will be performed by the researcher to execute the research study. This overall study has two specific components: 1. Residential phone study 2. Business phone study My standard services as part of this project include executing all necessary background activities to adequately perform the study such as attending ongoing background meetings with PFA staff and employees, reading and reviewing all necessary background materials, visiting with the PFA Board or board members as needed. Also included are a PowerPoint presentation of the. studies' findings to be given to the PFA staff, board, and employees as necessary; a final written report suitable for distribution, copies of the data set including all pertinent syntax and output files, and consideration of limitations and ideas on how to proceed into the future. Residential Phone Study (affached as Sample A): This study represents a major change from the 2006 Residential Phone Study. Instead of focusing on attitudes toward the Fire Dept., the study will focus on 1) the community's awareness of the services offered by the PFA, 2) the community's priorities regarding services offered, and, 3) individual's knowledge of home fire safety and prevention. Like the 2006 study, this is a telephone survey conducted on 325 completed respondents in the PFA service district.. The survey will be conducted with a sample list attained from a 3rd party vendor, managed by the researcher. The sample will replicate the population distribution (based on demographic characteristics) of the district. The error rate will be approximately+/- 5%, Telephone calls and data collection will be conducted by a 3 d party vendor, managed by the researcher. Full data analysis, including preliminary data cleaning and bivariate or multivadate,testing will be provided as necessary. All verbatims of open-ended comments will be provided. Further, various additions to the 2006 study will be made including item modifications and telephone script modifications as necessary. Business Phone Study (attached as Sample Bk This study is a replication, with improvements, of the 2006 Business Phone Study. Like the 2006 study, this is a telephone survey conducted on 325 completed business respondents in the PFA service district. The survey will be conducted with a sample list provided by the PFA. The sample will closely replicate the actual population, distribution of businesses (based on firm demographics) in the district. The error rate will be approximately +/- 5%. Telephone calls and data collection will be conducted by a 3 d party vendor, managed by the researcher. Full data analysis, including preliminary data cleaning.and bivariate or multivariate,testing will be provided as necessary. All verbatims of open-ended comments will be provided. Standard Professional Services Agreement- revO4/10 7 SAMPLE A 2012 PFA Fire Safety Awareness Citizen Survey Section 1: First Hand Experience with PFA What was the experience, when did it occur, how many people were involved, how do you rate PFA? Section 2: Awareness of PFA Services Please indicate whether you are aware that PFA offers the following services to the community... Yes No Home safety inspections................................................... Business safety inspections................................................... Issue permits for open burning, hazardous materials, and other dangers........................................................................... Public education on fire safety, fire drills, etc ............................ More and open ends Seciion 3: Comm unity'Prionbei s Please rank the -following priorities from highest (f) to lowest (5)... Fire suppression (putting out fires) ...................................................... _ Emergency response Services..............................:..........................:. _ Enforcing fire and safety codes ................................ :............ .............. _ Fire prevention and education services .............................................. _ Disaster planning and preparedness... ... 4 ............................................. Section 4: Fire Safety Awareness Is your home safe from fires and emergencies... Carbon monoxide alarms are located in or just outside each sleeping area........:.............::.::.....:.:....:.....:........................ Large ashtrays are provided for outside smokers .............................. Small appliances�are unplugged when not in use .................. :............. Hot water heater is set at no higher than 120 Fahrenheit ..................... Gas powered equipment is stored in an outside shed.oir garage separate from the home .:...:................................................... Flexible cords and cables are not used as fixed wiring ........................ All stairs are provided with handrails ............................................... More and open ends - Section 5: Benchmark Attitudes to 2006 Performance... Responds to incidents within an appropriate time frame ..................... Provides necessary follow-up services after an emergency ............... Resolves the incident to the caller's satisfaction .............................. Standard Professional Services Agreement- rev04/10 Yes No Yes No 1 or 2 more Section 6: Demo Number Standard Professional Services Agreement- rev04110 ncome,