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HomeMy WebLinkAboutWIDNER MICHOW & COX / HUMAN RESOURCES SOLUTIONS - CONTRACT - RFP - 7439 HEARING OFFICER - EMPLOYEE DISCIPLINARY HEARISERVICES 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, and the Poudre Fire Authority (PFA), hereinafter jointly referred to as the "City" and Human Resources Solutions & Services LLC, hereinafter referred to as "Service Provider". 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 Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence March 1, 2013, and shall continue in full force and effect until February 28, 2014, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained Services Agreement with Human Resources Solutions & Services 7439 Hearing Officer Services — Employee Disciplinary Hearings Page 1 of 11 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Services Agreement with Human Resources Solutions & Services 7439 Hearing Officer Services — Employee Disciplinary Hearings Page 10 of 11 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement'), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Services Agreement with Human Resources Solutions & Services 7439 Hearing Officer Services — Employee Disciplinary Hearings Page 11 of 11 A � ^lllf r1® CERTIFICATE OF LIABILITY INSURANCE R001 03 EMMD /Y013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NORTHEAST AGENCIES INC/PHS 210500 P: (S66) 467-8730 F: (800) 308-5459 301 WOODS PARK DRIVE CONTACT PHONE FAx E", (866)467-8730 aC, No): (800) 308-5459 EMA i° ADDRESS: INSURES) AFFORDING COVERAGE NAIC# CLINTON NY 13323 INSURERA: Hartford Casualty Ins Co INSURED INSURER B INSURER C HR SOLUTIONS & SERVICES, LLC PO BOX 64106 INSURER D: INSURER E: COLORADO SPRINGS CO 80962 INSURER F r.OVFRA(:FS CFRTIFICATF MI IMRFR- On HCInnI nulkAQFo- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - WSR LTR TYPE O£ INSURANCE INSR WVD POLICY NUMBER POLICY EF (MM/DD/YVYY) POLICY EXP rAbM/DO/VYVY/ LIMITS GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR General L1ab 01 SBA RE4382 03/19/2012 03/19/2013 PREMISES Ea occuEence s 300,000 MED EXP (Any one person) s 10,000 X PERSONAL &ADV INJURY s 1,000,000 GENERAL AGGREGATE S 2,000, 000 LIMIT APJEC PLIES POLICY PRO �l PER: LOG PRODUCTS - COMP/OP AGG $ 2,000, 000 IT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) s 1' 000, DGG BODILY INJURY (Per person) s ANYAUTO BODILY INJURY (Per accident) $ A ALL OWNED SCHEDULED X AUTOS AUTOS HIRED AUTOS NON OWNED X AUTOS 01 SBA RE4382 03/19/2012 03/19/2013 PROPERTY DAMAGE (Per accident) $ s UMBRELLA L/AB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE ❑ ❑ DEC I RETENTION $ $ WORKERS COMPENSATION ANDEMPLOYERS'LMBK?Y YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICEWMEMBER EXCLUDED? IMandabry an NHl If yes, describe under N/A WC STATU- OTH- TORY LIMITS R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE 5 E.L. DISEASE -POLICY LIMIT s DESCRIPTION OF OPERATIONS below El F1 DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (Attach ACORD 101, Adaddens/Remarks SchopI d more space Is tweaked) Those usual to the Insured's Operations. The City of Fort Collins its officers, agents, and its employees are Additional Insured per the Business Liability Coverage Form SS 00 08, and the Hired Auto and Non -Owned Auto Endorsement SS 04 38 attached to this Policy. Uth I IrIUA I t MULUtH CANCELLATION CITY OF FORT COLLINS ATTN: PURCHASING PO BOX 580 FORT COLLINS, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ao ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AC 12I RT #61 CERTIFICATE OF LIABILITY INSURANCE R001 03-13� 013 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NORTHEAST AGENCIES INC/PHS 210500 P:(866)467-8730 F:(800)308-5459 301 WOODS PARK DRIVE CONTACT NAME: PHONE ExL: (866)467-8730 IAIX, Na: (800)308-5459 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICN CLINTON NY 13323 INSURERA: Hartford Casualty Ins Co INSURED INSURER B: INSURER C HR SOLUTIONS & SERVICES, LLC PO BOX 64106 NSUflER D: 'SURER E: COLORADO SPRINGS CO 80962 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE INS WVD POLICY NUMBER POLICY EF (MMIDDIYYYY) POLICY £XP (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE a 1 OO D 1000 A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR General Liab 01 SBA RE4382 03/19/2013 03/19/2014 PREMISES Eaflo occurrence) s 300,000 NEDEXP(Anyone person) S10,000 X PERSONAL &ADV INJURY $ 11000,000 GENERAL AGGREGATE 1 21000,000 GEN'L AGGREGATE LIMIT APPLIES POLICY 0PRO- a PER: LOC PRODUCTS - COMPIOP AGG s2 000,000 9 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IEa ecciI s 1,000,000 ANYAUTO BODILY INJURY (Per person) 9 BODILY INJURY (Per accident) a A ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED X AUTOS k 01 SBA RE4382 03/19/2013 03/19/2014 PROPERTY DAMAGE (Per accident) 9 $ UMBRELLA UAB OCCUR EACH OCCURRENCE 9 EXC£SSL/AB CLAIMS -MADE AGGREGATE 9 DE I RETENTION $ ) WORKERS COMPENSA TION AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDEDP /Mandatary me Net If yes, describe under NIA WC STATU- OTH- T flV LIMITS ER E.L. EACH ACCIDENT 9 E.L. DISEASE - EA EMPLOYE a E.L. DISEASE - POLICY LIMIT 5 DESCRIPTION OF OPERATIONS below DESCRIPTION OFOPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Adaybonal Remm.Fa Schadab, d mom space is mpvi ce) Those usual to the Insured's Operations. The City of Fort Collins its officers, agents, and its employees are Additional Insured per the Business Liability Coverage Form SS 00 08, and the Hired Auto and Non -Owned Auto Endorsement SS 04 38 attached to this Policy. CITY OF FORT COLLINS ATTN: PURCHASING PO BOX 580 FORT COLLINS, CO 8OS22 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1n Arnon rnPPnn ATln Ai All .:..I.........,..d ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. 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: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Human Resources Solutions & Attn: Purchasing Attn: Janet Miller Services LLC PO Box 580 PO Box 580 Attn: Tracey Robinson Fort Collins, CO 80522 Fort Collins, CO 80522 PO Box 64106 Colorado S rin s, CO 80962 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement Services Agreement with Human Resources Solutions & Services 7439 Hearing Officer Services — Employee Disciplinary Hearings Page 2 of 11 based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. 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 or cause of action arising out of performance of this Agreement. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 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 Services Agreement with Human Resources Solutions & Services 7439 Hearing Officer Services — Employee Disciplinary Hearings Page 3 of 11 according to the terms of this agreement, such party may be declared in default thereof. 12. 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 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. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Services Agreement with Human Resources Solutions & Services 7439 Hearing Officer Services — Employee Disciplinary Hearings Page 4 of 11 Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify 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 "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. Service Provider 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. Services Agreement with Human Resources Solutions & Services 7439 Hearing Officer Services — Employee Disciplinary Hearings Page 5 of 11 c. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. Service Provider 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 Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be Services Agreement with Human Resources Solutions & Services 7439 Hearing Officer Services — Employee Disciplinary Hearings Page 6 of 11 performed pursuant to this Agreement are set forth in Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation �� By: 1�s Jam s-B. 'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: ? ' L I POUDRE FIRE AUTHORITY By: Tom De int, Fir Chief Date: HUMAN RESOURCES SOLUTIONS & SERVICES LLC By: 71;� P. TaA( e>-1 'P . R ck'l 1,3 XNJ C7 7tinl,7MITAW O W i\'1eR CORPORATE PRESIDENT OR VICE PRESIDENT Date: 3 13 \3 ATTEST: (Corplorate eal) CORPORATE SECRETARY Services Agreement with Human Resources Solutions & Services 7439 Hearing Officer Services — Employee Disciplinary Hearings Page 7 of 11 EXHIBIT A SCOPE OF SERVICES The City of Fort Collins is soliciting proposals from firms or individuals interested in providing the services of a hearing officer pursuant to The City of Fort Collins Personnel Policies and Procedures adopted by the City Manager, Appeal Policies and Procedures adopted by the City Manager, and the Collective Bargaining Agreement between the City and the Fraternal Order of Police. Pursuant to those documents (as currently in place, proposed, or amended), a classified employee (includes both police and non -police employees) who receives major discipline may appeal the disciplinary decision to the City Manager who shall appoint a hearing officer licensed to practice law in the state of Colorado and who is not a City employee to conduct the post - decision hearing. The hearing officer will make detailed written findings as to cause for the discipline and the level of discipline imposed and will present the findings to the City Manager for his/her final decision. The hearing officer will report directly to the City Manager. The attorney(s) selected by the City Manager to serve as a hearing officer will enter into a Services Agreement, in substantially the form attached hereto as Exhibit A. The Agreement will not be an exclusive arrangement and the City may select other attorneys to provide the same or similar service. The Poudre Fire Authority (PFA), through its Fire Chief, may also select a hearing officer to conduct hearings in appeals of major disciplinary matters pursuant to the provisions of PFA personnel rules and regulations. The hearing officer will make detailed written findings as to cause for the discipline and the level of discipline imposed and will present the findings to the Fire Chief for his/her final decision. The hearing officer will report directly to the Fire Chief. The attorney(s) selected by the Fire Chief to serve as a hearing officer will enter into a Services Agreement, in substantially the form attached hereto as Exhibit A. The Agreement will not be an exclusive arrangement and the PFA may select other hearing officers to provide the same or similar service. The PFA is a separate legal entity from the City and it utilizes the City's Purchasing Division for the provision of purchasing services pursuant to intergovernmental agreement. SERVICES REQUIRED Conduct post -disciplinary appeal hearings in Fort Collins pursuant to the City's Personnel Policies and Procedures, the Collective Bargaining Agreement with the FOP, the Appeal Policies and Procedures adopted by the City Manager, and the PFA Personnel Rules and Regulations, as applicable. Meeting rooms, staff support, and recordings of the hearing will be provided by the City or PFA as applicable. Issue a written decision containing detailed findings and recommendations to the City Manager or Fire Chief, as applicable. Responsible for preparation of all written documents associated with the decision. TIME COMMITMENT Hearings may take one or more days to complete. The hearing officer will be expected to spend time prior to the hearing reviewing submittals. The hearing officer will be expected to issue a detailed written decision within a reasonable time after the hearing. Services Agreement with Human Resources Solutions & Services 7439 Hearing Officer Services — Employee Disciplinary Hearings Page 8 of 11 EXHIBIT B COMPENSATION Based on the information provided by the City, it is expected that a hearing may take one (1) or more days to complete. In addition, the assigned hearing officer will review the appeal file and any other prehearing submittals by the parties in preparation for the hearing which may take four (4) or more hours of preparation work depending on the disciplinary issues to be heard and the submittals to be reviewed. Also, the hearing officer will issue a detailed written decision after the conclusion of the hearing which may take eight (8) or more hours to complete depending on the complexity of the issues presented and any post -hearing submittals. Thus, it is anticipated that a minimum of twenty (20) hours or more may be incurred for each case assigned to the hearing officer. Service Provider proposes to charge $150 per hour for time spent preparing for the hearing, conducting the hearing and then writing a detailed decision after the hearing (and the receipt of any post -hearing submittals if applicable). Thus, the anticipated minimum cost for each assigned case would be $3,000 ($150 x 20 hours = $3,000). Service Provider will not charge any other fees or costs that may be associated with providing hearing officer services. There will be no charge for accepting an assignment, scheduling hearing dates, requesting prehearing information or documentation, routine correspondence or communication with the City Manager/Fire Chief/PFA staff or attorneys, and/or any other associated costs (including any travel expenses, copy charges, or other office administrative expenses). Services Agreement with Human Resources Solutions & Services 7439 Hearing Officer Services — Employee Disciplinary Hearings Page 9 of 11