HomeMy WebLinkAbout565851 MICHOW COX & MCASKIN LLP - CONTRACT - RFP - 8645 EMPLOYEE DISCIPLINARY HEARING OFFICEROfficial Purchasing Document
Last updated 3/2018
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AMENDMENT #01
AGREEMENT BETWEEN THE CITY OF FORT COLLINS
AND MICHOW COX & MCASKIN LLP
This First Amendment (Amendment #01) is entered into by and between the CITY OF FORT
COLLINS (the “City”) and MICHOW COX & MCASKIN LLP (the “Service Provider”).
WHEREAS, the Service Provider and the City entered into an Agreement effective March 1, 2018
(the “Agreement”); and
WHEREAS, Service Provider and the City desire to amend the Agreement to revise the Service
Provider's pricing and the Scope of Work.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein
contained, the parties agree as follows:
1. Paragraph 5, Contract Sum, is revised to reflect a rate of Two Hundred Dollars ($200.00)
per hour in accordance with Exhibit B of the Agreement.
2. Exhibit A, Scope of Services, of the Agreement is hereby replaced with the attached,
revised Exhibit A consisting of two (2) pages.
Except as expressly amended by this Amendment #01, all other terms and conditions of the
Agreement shall remain unchanged and in full force and effect. In the event of a conflict between
the terms of the Agreement and this Amendment #01, this Amendment #01 shall prevail.
IN WITNESS WHEREOF, the parties have executed this First Amendment the day and year
shown.
CITY OF FORT COLLINS:
By:
Gerry Paul
Purchasing Director
DATE:
MICHOW COX & MCASKIN LLP
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
DocuSign Envelope ID: 66F15B1A-E935-4A49-9155-43198D122D6F
Marcus McAskin
3/21/2018
3/21/2018 Partner
Official Purchasing Document
Last updated 3/2018
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EXHIBIT A
SCOPE OF SERVICES
Service Provider attorney, Kathie Guckenberger, will provide 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 on an as needed
basis. 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. No other attorney with the Service Provider’s firm is authorized to provide the
afore mentioned services under this agreement. This Agreement is not an exclusive
arrangement and the City has engaged in other agreement(s) under this solicitation.
The hearing officer will make detailed written findings of fact and conclusions of law as to cause
for the discipline and the level of discipline imposed and will present the findings and
conclusions to the City Manager for his/her final decision. The hearing officer will report directly
to the City Manager. Pursuant to the CBA, the Service Provider will participate on a three-
member panel to review the sufficiency of an investigation into discrimination or retaliation
allegations made by a collective bargaining unit member.
The Poudre Fire Authority (PFA), through its Fire Chief, may also utilize Service Provider to
provide the services of 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. NOTE: 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.
Participate on a three-member investigation review panel to determine whether an investigation
into allegations of discrimination or retaliation is sufficient in accordance with procedures
described in the CBA.
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 rule on
pre-hearing matters in advance of the hearing. The hearing officer will be expected to issue a
detailed written decision within a reasonable time after the hearing.
DocuSign Envelope ID: 66F15B1A-E935-4A49-9155-43198D122D6F
Official Purchasing Document
Last updated 3/2018
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Participation on a three-member review panel may require review of voluminous records and
may take one or more days to complete. The Service Provider will be expected to act in
accordance with procedures described in the CBA.
QUALIFICATIONS
Attorney licensed to practice law in the State of Colorado.
Experience in participating in / conducting employment disciplinary hearings for
municipalities/fire authorities preferred.
Experience in employment law matters including workplace investigations into
discrimination and retaliation allegations.
Ability to learn, interpret, understand, and make impartial decisions based on the City's
Personnel Policies and Procedures, the City Code and Charter, the PFA Personnel
Rules and Regulations, and federal and state laws and constitutions.
Ability to communicate effectively, both orally and in writing, with the City Manager/Fire
Chief, City/PFA staff, and attorneys.
Ability to read and comprehend detailed documents.
Ability to work well under pressure and deal with stressful situations and conflict with confidence
and in a tactful manner.
DocuSign Envelope ID: 66F15B1A-E935-4A49-9155-43198D122D6F