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HomeMy WebLinkAboutInstitute for Pub Saf Pers/CFDINSTITUTE FOR PUBLIC SAFETY PERSONNEL INC. FIRE DEPT. Dept - 2003 Appropriation ~e419-10/419-99; P.O.#10958 APPROVF~J~A$ TO Contract Not To Exceed $25,000.00 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement"), is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City"), and Institute of Public Safety Personnel, Inc.(hereinafter "Professional"). RECITALS WHEREAS City owns and is responsible for its public works, its public sewer and water systems, and its infrastructure; and WHEREAS, from time to time, City needs job recruiting, screening and consulting, or similar workforce assistance (the "Services") to assist it in fulfilling its foregoing responsibilities; and WHEREAS, Professional is experienced in providing and desires to provide to City the Services referenced herein; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1. INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof. SECTION 2. 2.1 2.2 SCOPE OF SERVICES City desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. Professional understands and agrees that City may, from time to time, request Professional to provide additional or modified Services, the scope of which shall be as requested and defined by the Mayor or his duly authorized representative and attached hereto in the order approved by City. 2.3 Time is of the essence of this Agreement. mod/contracts/firedept/02/24/03 I INSTITUTE FOR PUBLIC SAFETY PERSONNEL INC. FIRE DEPT. Dept - 2003 Appropriation #419-10/419-99; P.O.#10958 Contract Not To Exceed $25,000.00 SECTION 3. CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2, City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.3 City shall designate payment of the Services from City budget appropriation number 419-10 & 419-99 funds. 3.4 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4. PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5. COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Twenty Five Thousand Dollars ($25,000.00) (the "Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within sixty (60) days from the date of City's receipt of same, or be subject to a late charge of one percent (1%) of such unpaid and undisputed invoice amount for each month same remains unpaid. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. SECTION 6. TERM Subject to the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from its Effective Date through December 31, 2003, and shall thereafter, on the first day of January in each subsequent year, automatically renew for a period of one (1) year. mod/contracts/firedept/02/20/03 2 INSTITUTE FOR PUBLIC SAFETY PERSONNEL INC. FIRE DEPT. Dept - 2003 Appropriation #419-10/419-99; P.O.#10958 Contract Not To Exceed $25,000.00 SECTION 7. MISCELLANEOUS 7.1 Termination. 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days' notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional's receipt of City's "Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect. City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries. Nothing contained herein shall be construed to give fights or benefits to anyone other than the parties hereto. 7.4 Relationship. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. mcd/contracts/firedept/02/20/03 3 INSTITUTE FOR PUBLIC SAFETY PERSONNEL INC. FIRE DEPT. Dept - 2003 Appropriation #419-10/419-99; P.O.#10958 Contract Not To Exceed $25,000.00 7.5 Insurance. Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30) days' prior written notice to City. 7.6 Liens. Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default. In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance. Professional agrees to comply with all present and future laws, executive orders, roles and regulations applicable to Professional's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference, and Professional agrees to indemnify and hold harmless City from any and all losses, damages, costs, attorney fees and/or liabilities resulting from any violation of same. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification. Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. mod/contracts/firedept / 02/20/03 4 INSTITUTE FOR PUBLIC SAFETY PERSONNEL INC. FIRE DEPT. Dept - 2003 Appropriation #419-10/419-99; P.O.#10958 Contract Not To Exceed $25,000.00 7.10 Discrimination Prohibition. Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. 7.11 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement which can operate independently of same shall continue in full force and effect. 7.12 Notice. Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel One Civic Square Carmel, IN 46032 ATTN:Department Head, Douglas Callahan (with a copy to the City Attorney, Department of Law, same address) PROFESSIONAL: IPSP - Institute for Public Safety Personnel, Inc. 50 East 91st St. Indianapolis, IN 46204-2101 ATTN: Beth Nance Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.13 Effective Date. The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.14 Governing Law; Lawsuits. m0d/contrac~s/firedept/02/20/03 5 INSTITUTE FOR PUBLIC SAFETY PERSONNEL INC. FIRE DEPT. Dept - 2003 Appropriation #419-10/419-99; P.O.#10958 Contract Not To Exceed $25,000.00 This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.15 Waiver. Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.16 Non-Assignment. Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent. 7.17 Entire Agreement. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. 7.18 Representation and Warranties. Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.19 Headings. All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.20 Advice of Counsel. The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. m°d/c°ntracts/firedeDt/02/20/03 6 INSTiTUTE FOR PUBLIC SAFETY PERSONNEL INC. FIRE DEPT. Dept - 2003 Appropriation #419-10/419-99; P.O.#i0958 Contract Not To Exceed $25,000.00 IN W1TNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety INSTITUTE FOR PUBLIC SAFETY PERSONNEL INC. BY: ~rmes Braina, r4, _Presiding Q~icer Date: Ma[y~n~BBrke Mem~[~ Date~. Lori S. Wadi emper ~y, JA~urer Date: / / BY: Printed Name: Title: SSN if Sole Date: modlcontracts/firedept/02/20/03 7 Process Steps 1. Il. III. IV. VI. Vtl. VIII. INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. Agreement with the Carmel Fire Department for a Lieutenant Promotion Process Exhibit A Establish Job Relevance A. Review job descriptions B. Select source materials Write and Validate Written Test Questions A. Write test questions on all sources B. Validate test questions via committee review Train and inform Candidates About Process A. Provide candidates with descriptive process booklets B. Prepare training video on test preparation Administer Written Test A. Provide Test booklets B. Administer test site C. Provide all testing material Develop Structured Interview/Assessment Center Exercise Materials A. Meet with the committee to identify assessment goals B. Develop structured questions and suggested answers C. Meet with committee to validate material Administer Interviews/Assessment Center Exercises A. Train oral interview board B. Provide monitor(s) and role player at interview site Score Results A. Tally preliminary scores B. Generate preliminary lists C. Combine results with other process components (seniority, etc.) Conduct Appeals Session A. B. C. D. Provide candidates with individual results - missed questions, overall scores, rank, etc. Meet with candidates to receive appeals Collect appeals and present to Merit Board Provide candidates with individual appeal results IX. Costs A. Provide Individual Feedback Derive Final List A. Provide candidates with individual scores and rank order standing Provide Department with final scores and rank order list $6,300.00 to develop and administer a promotion process for the rank of lieutenant with up to 30 eligible candidates $30.00 for each additional lieutenant candidate over 30 Price assumes that either the candidates or the department will purchase the necessary books and reading material Optional - $1,500.00 per day for IPSP, Inc., to provide three paid interview board members from outside departments Price includes 1 interview monitor for 1 day - additional monitors/days are $250.00 per monitor per day. IN WITNESS WHEREOF, the parties have executed this Agreement. INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. DEPARTMENT By: Date: By: Date: Process Steps Il. III, IV. VI. VII. VII1. IX, INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. Agreement with the Carmel Fire Department fora Captain & Battalion Chief Promotion Process Exhibit B Establish Job Relevance A. Review job descriptions B. Select source materials Write and Validate Written Test Questions A. Write test questions on all sources B. Validate test questions via committee review Train and Inform Candidates about Process A. Provide candidates with descriptive process booklets B. Prepare training video on test preparation Administer Written Test A. Provide test booklets B. Administer test site C. Provide all testing material Develop Structured Interview/Assessment Center Exercise Materials A. Meet with the committee to identify assessment goals B. Develop structured questions and suggested answers C. Meet with committee to validate material Administer Interviews/Assessment Center Exercises A. Train oral interview board B. Provide monitor(s) and role player at interview site Score Results A. Tally preliminary scores B. Generate preliminary lists C. Combine results with other process components (seniority, etc.) Conduct Appeals Session A. Provide candidates with individual results - missed questions, overall scores, rank, etc. B. Meet with candidates to receive appeals C. Collect appeals and present to Merit Board D. Provide candidates with individual appeal results Provide Individual Feedback A. Provide candidates with individual scores and rank order standing _4 Costs A. Derive Final List A. Provide Department with final scores and rank order list $6,825.00 to develop and administer one (1) promotion process for the rank of captain with no more than 20 candidates and for the rank of battalion chief with no more than 10 candidates $30.00 for each additional captain candidate over 20 and each additional battalion chief candidate over 10. One test will be developed and administered for both ranks Price assumes that either the candidates or the department will purchase the necessary books and reading material Optional - $1,500.00 per day for IPSP, Inc., to provide three paid interview board members from outside departments Price includes 1 interview monitor for I day - additional monitors/days are $250.00 per monitor per day. IN WITNESS WHEREOF, the parties have executed this Agreement. INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. DEPARTMENT By: By: Date: Date: INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. Agreement with the Carmel Fire Department for Applicant Written Aptitude Testing Exhibit C Process Steps I1. Ill. IV. Administer, via mail, and tabulate results from a transportability study/maintain data for department's future use. Provide sufficient staff, materials, and supplies to administer aptitude test to applicants at a site provided by the department. Score results of aptitude test and produce rank order list (within one week of test administration). Provide department with consultation as to use of test results for selection decisions. Costs $1,200.00 for first 30 applicants Price (includes processing the transportability study). Price includes (1) 1PSP, Inc., test monitor for up to 100 applicants. Additional IPSP, Inc., monitors is $250.00/monitor for groups exceeding 100 applicants, or department has option to provide additional test monitors. $20.00 for each additional applicant if more than 30 in the group. Department provides test site for written aptitude exam. IN WITNESS WHEREOF, the parties have executed this Agreement. INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. DEPARTMENT By: Date: Date: Process Steps I1. III. IV. V. VI. Costs A. INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. Agreement with the Carmel Fire Department for Structured Oral Interview Testing Exhibit D Identify potential structured oral interview questions based on KSAs identified in transportability study. Meet with department members to finalize selection of structured oral interview questions and review associated anchors. Train structured oral interview rating board. Provide sufficient stat2; materials, and supplies to administer structured oral interview test to applicants at a site provided by the department. Score results of structured oral interview, combine with aptitude test results, and produce rank order list (within 10 working days of administration). Provide department with consultation as to use of test results for selection decisions. $1,200.00 for first 20 applicants. Cost includes oral interview training and an IPSP, Inc., monitor for up to (2) days. Additional monitors/days is $250.00/day or department has option to monitor their own interviews. $20.00 for each additional applicant if more than 20 in the group. Department provides the test site for the oral interviews. IN WITNESS WHEREOF, the parties have executed this Agreement. INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. DEPARTMENT By: By: Date: Date: INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. Agreement with the Carmel Fire Department for Post-Offer Psychological Evaluations Exhibit E Process Steps Ill, IV. Costs: A. Identify essential job tasks Administer psychological tests including MMPI - 2, lnwald, situational assessments, background information form, etc. Conduct individual interview. Performed by a doctoral level clinical psychologist Provide feedback to department via written report Report will be 4 to 6 pages in length Report will contain a final "grade" as to acceptability $ 295 per applicant IN WITNESS WHEREOF, the parties have executed this Agreement. INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. BYL Date: DEPARTMENT By: Date: