Institute for Pub Safe Per/CCCINSTITUTE FOR PUBLIC SAFETY PERSONNEL (IPSP)
COMMUNICATIONS DEPT. Dept - 2003
Appropriation #509; P.O.#11400
Contract Not To Exceed $4,170.00
APPROVED, AS TO
AGREEMENT FOR PROFESSIONAL SERVICE~:O~t~
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 for Public Safety Personnel (hereinafter "Professional").
RECITALS
WHEREAS City owns and is responsible for its public works, its public sewer and water systems,
IT'S PUBLIC HEALTH AND SAFETY SERVICE and its infrastructure; and
WHEREAS, from time to time, City needs additional applicant testing and other workforce
selection 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.
INSTITUTE FOR PUBLIC SAFETY PERSONNEL (IPSP)
COMMUNICATIONS DEPT. Dept - 2003
Appropriation#509; P.O.#11400
Contract Not To Exceed $4,170.00
_SECTJON 3. C1TY'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 509 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.
5.1
5.2
COMPENSATION
Professional estimates that the total price for the Services to be provided to City hereunder shall be
no more than Four Thousand, One Hundred and Seventy D°llars ($4'170'00) (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 E~xhibit 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.
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.
· ~STITUTE FOR PUBLIC SAFETY PERSONNEL (IPSP)
COMMUNICATIONS DEPT. Dept - 2003
Appropriation#509; P.O.#11400
Contract Not To Exceed $4,170.00
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 C~ty 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 Serwce .
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.
City and Professional, and their respective officers, officials, agents, parmers and successors in
interest are bound to the other as to all Agreement terms, conditions and obligations.
7.3 No Third Part,/Beneficiaries.
Nothing contained herein shall be construed to give rights 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.
I~STITUTE FOR PUBLIC SAFETY PERSONNEL (IPSP)
COMMUNICATIONS DEPT. Dept - 2003
Appropriation #509; P.O.#11400
Contract Not To Exceed $4,170.00
7.5 ~surance.
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, rules 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.
' INSTITUTE FOR PUBLIC SAFETY PERSONNEL (IPSP)
COMMUNICATIONS DEPT. Dept - 2003
Appropriation #509; P.O.#11400
Contract Not To Exceed $4,170.00
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 S_everability.
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: Marvin Stewart, Department Director, Communications
(with a copy to the City Attorney,
Department of Law, same address)
PROFESSIONAL:
Institute for Public Safety Personnel
50 E. 91st Street, Ste. 314
Indianapolis, Indiana 46240
ATTN:
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.
' "' ~qSTITUTE FOR PUBLIC SAFETY PERSONNEL (IPSP)
COMMUNICATIONS DEPT. Dept - 2003
Appropriation#509; P.O.#11400
Contract Not To Exceed $4,170.00
7.14 Governing Law; Lawsuits.
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.l 5 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 ~ement.
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.
' INSTITUTE FOR PUBLIC SAFETY PERSONNEL (IPSP)
COMMUNICATIONS DEPT. Dept - 2003
Appropriation#509; P.O.#11400
Contract Not To Exceed $4,170.00
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.
1N WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA iNSTITUTE FOR PUBLIC SAFETY PERSONNEL
by and through its Board of Public
Works and Safety
~jt~s l~rainard, Presiding Officer
~ate: ~ ~'~'- fTJY'-~
BY:
Authorized Signature
Printed Name:
Title:
SSN if Sole Proprietor:
Date: 'k ( ( ~' ~
ATTEST: .-'~_ //~ ~'~
~h~"na Cordr_a¥, LflMC, ClerklTreasurer
'rote:
Jan 16 O~ 01:07p
Institute for Public Safety Personnel, Inc.
January 19,200~
Mr, Mm,in Stewart
Carmel Communi.cations
Dear Marvin:
Please find proposal enclosed for IPSP, Inc. to provide entx2,,-level applicant
testing for the Carmel Communications Department. The proposals include
written exam testing, oral interview testing and post-offer psychological
evaluations.
The enclosed proposal for a written aptitude test assumes that the test will be
administered to a sizable group of applicants. We can, however, administer the test
to a smaller group at out offices. The cost ibr this tyre of service would be much
lower than the cos~ outlined in the enclosed proposal.
Note that our tests are customized for each department. In this respecL the
written exam is scored based on the results of the department's transportability
surveys. This procedure would ensure that the test is valid and job relevant for
telecommunicators working for Carmel.
Thank you for the opportunity to offer our services..
Sincerely,
Psychologist/director
Enclosures
50 East 91st Stree, Suite 101 · Indianapolis, IN 46240
(317) 581-9326 · Fax [317) 581-9406 ' 1-800-892-IPSP
Web Site: www. lPSP. net- E-maiL IPSP@IQue~t.net
~an 1~ 03 Ol:O?p
INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC.
PROPOSAL
Entry-Level Telecommunicator Applicant Writtan Aptitude Testing
Process Ste~
1.
II.
iii
IV.
Costs
A.
B.
C.
Administer, via mail, and tabulate results from a transl~ertability
study!maintain data for department's future use.
Provide sufficient, materials and supplies to administe? aptitude test to
applicants at a site provided by the department.
Score results of aptitude test and produce rank order list (witkin o~e week of
test administration). The test will be scored according to the results of the
department's transportability survey.
Provide department with consultation as to use of test results for selection
decisions.
$1,200.00 for first 30 applicants (includes processing the transportability
study).
$20.00 each for additional applicant
Cost includes one (1) IPSP, Inc., monitor ibr one (1) day of testing. Additional
IPSP, Inc., monitors/days available at $i300.00 per monitor per day.
Department has the option to supply additional monitors to assist IPSP, Inc.,
monitor if the Department does not wish to incur cost for additional 1PSP,
Inc,, staff.
Department provides test site.
INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC.
PROPOSAL
Entry-Level Telecommuntcator Applicant Oral Interview Testing
Proces~ Steps
I.
IL
III.
IV.
V.
VI.
Costs~
A.
B.
Identify potential structured oral interview questions based on job relevant
areas of knowledge, skill and abihty identified in transportability study.
Meet with department ;o select structured oral interview questions and
rev~.e~ associated anchors.
Train interview board en structured oral in;et'view procedures.
Provide sufficient materials and supplies ;o ad,ninister structured oral
intewiew test to applicants.
Score results of structured ora', interview, combine with aptitade test results,
and produce rank order list (within 10 work/rig days of administration).
Provide department with consultation as to use of test results fcr selection
decisions.
$1,200.00 for first 20 applicants. Cost includes training of interview board
and (1) interview monitor for the first day of interviews.
$20.00 for each additional apphcant over 20.
C. $300,00/day for additional monitoring.
D. Department wiS1 provide test site.
~Depending on the number of applicants to be interviewed, department has option of
runmng ur to three (3) interview boards at one time.
Jan 1~ O~ 01:08~
INSTITUTE I~OR PUBLIC SAFETY PERSONNEL, INC.
PROPOSAL
Post-Offer Psychologlcal Evaluations of Telecommunicaor Applicants
Process Step~
I.
II.
III,
Identify essential job tasks
Administer psychological tests including MMPI - 2, 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
f{eport will contain a final "grade" as to acceptabihty
Ccsts and Exclusions
A. $ 295 per applicant if seen at IPSP ofilces