TeamMakers/CFDTe~mMakcrs APPI~OVED, AS
Fire Dept. - 2004 - Personne~ Performa,lce Evaluations FOI M BY: -
Appropristion #570.03 P.O.#12407
Contract Not To Exceed $30,500.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered
into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and
Safety ("City"), and COMPANY ("Vendor").
TERMS AND CONDITIONS
ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its
execution of same constitutes its acceptance of all of the Agreement's terms and conditions.
PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using
City budget appropriation number 570.03 funds. Vendor agrees to provide the Goods and Services
and to otherwise perform the requirements of this Agreement by applyirig at all times the highest
technical and industry standards.
PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City
hereunder shall be no more than Thirty Thousand Five Hundred Dollars ($30,500.00.00)
(The "Estimate"). Vendor shall submit an invoice to City no more than once every thirty/
(30) days detailing the Goods and Services provided to City within such time period. City
shall pay Vendor for such Goods and Services within sixty (60) days after the date of
City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods
and Services are not disputed, are in accordance with the specifications set forth in Exhibit
A, are submitted on an invoice that contains the information contained on attached Exhibit
B, and Vendor has otherwise performed and satisfied all the terms and conditions of this
Agreement.
3.2
Vendor agrees not to provide any Goods and Services to City that would cause the total
cost of the Goods and Services provided by Vendor to City hereunder to exceed the
Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof.
WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform
to the specifications, samples and/or descriptions thereof furnished to Vendor by City and/or by
Vendor to and accepted by City, that the Goods and Services will be delivered in a timely, good
and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's
intended use and expressly warrants that the Goods and Services provided to City pursuant to this
Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient
for their particular purpose.
TIME AND PERFORMANCE:
This Agreement shall become effective a~ of the last date on which a party hereto executes same
("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely
manner. Time is of the essence of this Agreement.
1
TeamMakers
Fire Dept. - 2004 - Personnel Performance Evaluations
Appropriation #570.03 P.O.#12407
Contract Not To Exceed $30,500.00
DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may
direct, a list of all chemicals, materials, substances and items used in or during the provision of the
Goods and Services provided hereunder, including the quantity, quality and concentration thereol'
and any other information relating thereto. At the time of the delivery of the Goods and Services
provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice
(including appropriate labels on containers and packing) of any hazardous material utilized in or
that is a part of the Goods and Services.
LIEN S:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any
such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof,
by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at
Vendor's sole cost and expense.
DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of
this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as
specified herein; (c) fails to make progress so as to endanger timely and proper provision of the
Goods and Services and does not correct such failure or breach within five (5) business days (or
such shorter period of time as is commercially reasonable under the 'circumstances) after receipt of
notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into
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 (1) terminate all or any parts
of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies
available to City at law and/or in equity.
INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full foree and effect during tbe term of this Agreement, with
an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the
protection of City and Vendor from all claims for damages under any workers' compensation,
occupational disease and/or unemployment compensation act; for bodily injuries including, but
not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers,
employees, contractors and subcontractors; and, for any injury to or destruction of property,
including, but not limited to, any loss of use resulting therefl'om. The coverage amounts shall be
no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name
City as an additional insured on all such insurance policies, shall promptly provide City, upon
request, with copies of all such policies, and shall provide that such insurance policies sball not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless
City from and against any and all liabilities, claims, demands or expenses (including, but not
limited to, reasonable attorney fees) for injury, death and/or damages to any person or property
arising from or in connection with Vendor's provision of Goods and Services pnrsuant to or under
this Agreement or Vendor's use of City property. Vendor further agrees to indemnify, defend and
bold harmless City and its officers, officials, agents and employees from all claims and suits of
whatever type, including, but not limited to, all court costs, attorney fees, and other expenses,
caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees,
contractors or subcontractors in the performance of this Agreement. These indemnification
TeamMakers
Fire Depl. - 2004 - Personnel Performance Evaluations
Appropriation #570.03 P.O.#12407
Contract Not To Exceed $30,500.00
obligations shall survive the termination of this Agreement.
10.
GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations
and codes which may be applicable to Vendor's performance of its obligations under this
Agreement, and ail relevant provisions thereof are incorporated herein by this reference. Vendor
agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from
any such violation of such laws, orders, rules, regulations and codes. This indemnification
obligation shall survive the termination of this Agreement.
1l.
NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City
prohibiting discrimination against any employee, applicant for employment or other person in the
provision of any Goods and Services provided by this Agreement with respect to their hire, tenure,
terms, conditions and privileges of employment and any other matter related to their employment
or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age,
disabled veteran status and/or Vietnam era veteran status.
12.
NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement
shall not affect the right of such party to require such performance at any time thereafter, nor shall
the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any
succeeding breach of the same or any other provision hereof.
13.
NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise,
and shall not delegate its obligations under this Agreement without City's prior written consent.
14.
RELATIONSHIP OF PART[ES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither
Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of
City. The contract price set forth herein shall be the full and maxinmm compensation and monies
required of City to be paid to Vendor under or pursuant to this Agreement.
15.
GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of
Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is
filed hereunder, they waive their right to a jury trial, agree to file any 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.
16.
SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance,
executive order or other rule of law, such term shall be deemed reformed or deleted, but only to
the extent necessary to comply with same, and the remaining provisions of this Agreement shall
remain in full force and effect.
TeamMakers
Fire Dept. - 2004 - Personnel Performance Evaluations
Appropriation #570.03 P.O.#12407
Contract Not To Exceed $30,500.00
17.
18.
NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by
postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the
address specified herein:
If to City:
City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Douglas Callahan, Chief, Fire Department
Douglas C. Haney, City Attorney
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: TeamMakers
3103 Fox Mill Road
Oakton, Virginia 22124
ATTN: Rik ~, Principal
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be
effective if given orally, as long as written notice is then provided as set forth hereinabove within
five (5)'business days from the date of such oral notice.
TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon
notice to Vendor, immediately terminate this Agreement for cause, in the event of a default
hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay
for the Goods and Services to be provided hereunder. In the event of such termination,
Vendor shall be entitled to receive only payment for the undisputed invoice am6unt
representing conforming Goods and Services delivered as of the date of termination,
except that such payment amount shall not exceed the Estimate amount in effect at the time
of termination, unless the parties have previously agreed in writing to a greater amount.
18.2
Either party hereto may terminate this Agreement at any time upon thirty (30) days prior
notice to the other party. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount of conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not
exceed the Estimate amount in effect at the time of termination, unless the parties have
previously agreed in writing to a greater amount.
19.
REPRESENTATIoNs AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the
persons executing this Agreement have the authority to bind the party which they represent.
TeamMakers
Fire Dept. - 2004 - Personnel Performance Evaluations
Appropriation #570.03 P.0.#12407
Contract Not To Exceed $30,500.00
20. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide
additional goods and services to City. When City desires additional goods and services from
Vendor, the City shall notify Vendor of such additional goods and services desired~ as well as the
time frame in which same are to be provided. Only after City has approved Vendor's time and
cost estimate for the provision of such additional goods and services, has encumbered sufficient
monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods
and services, shall such goods and services be provided by Vendor to City. A copy of the City's
authorization documents for the pumhase of additional goods and services shall be numbered and
attached hereto in the order in which they are approved b3) City.
21. TERM
Unless otherwise terminated in accordance With the termination provisions set forth in Paragraph
18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31,
.2j~and shall, on the first day of each January thereafter, automatically renew for a period of one
0~(1) calendar year, unless otherwise agreed by the parties hereto.
22. HEADINGS
All heading 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 1he meaning of any provision hereof.
23.
BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and
obligations set forth in Agreement.
24.
NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
25.
ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity
to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and
enter into same freely, voluntarily, and without any duress, undue influence or coercion.
26.
ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the
entire agreement between Vendor arid City with respect to the subject matter hereof, and
supersedes all prior oral or written representations and agreements regarding same.
Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof,
to the extent any term or condition contained in any exhibit attached to this Agreement or in any
document referenced heroin conflicts with any term or condition contained in this Agreement, the
term or condition contained in this Agreement shall govern and prevail. This Agreement may only
be modified by written amendment executed by both parties hereto, or their successors in interest.
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
EX I/RIT B
Invoice
Date:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
I Persou Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item - Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
TeamMakers
Fire Dept. - 2004 - Personnel Performance Evaluations
Appropriation #570.03 P.O.#12407
Contract Not To Exceed $30,500.00
IN WITNESS 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
By:
James Brainard, Presiding Officer
Lori g. Wat~n~Mcmber t'
Date: ~ t"~/t' ~ ]O:~c~~'-~
/
ATTEST:
TEAMMAKERS
Authorized Signature
Printed Name
Title
FiD/TIN: '~-- t ~"~a--!
SSN if Sole Proprietor:
TeamMaker ..
~ Persona]it~ Plus ~
fiew~nafl & Workshops
Fox Mill. Road · Oakton, Vtr~lnla 22124
April 27, 2005
Chief Douglas Callahan
Fire Chief
City of Carmel Fir~ D~partment
Two Civic Square
Cam~el, IN 46032
Dear Chief Callahan:
This letter is to fo?ward to You our proposal for the implementation of the new Cannel
Fire Department personnel performance evaluations per your request.
The attached proPOsal is based on a comprehensive approach to implementation &the
new Carmel FD performance evaluations. We believe it takes into account the central
nature.of the new system of evaluation to your department's future operations and
performance improvement.
We understand that the department has an obligation to conduct an organization-wide
personnel appraisal in the 4m quarter of calendar year 2005. To that end, this proposal is
designed to deliver training/education so that management, evaluators and evaluees will
be prepared by October 2005 to administer, evaluate and receive evaluation.
Our proposal provides training for all Carmel Fire Departmenl personnel who will be
affeet~d by the new evaluation forms and system to meet your goal of having in place a
fair and effective evaluation and performance improvement system.
Our proposal sketches the outline of the ,system and estimates the cost of implementation
by phase. Actual project costing is dependent on completion of the initial on-site survey
phase of the project and subsequent diseusslons with senior management. Costs will
include program development, workshop delivery, materials, fees for instrumentation,
travel and expenses, etc. The specific plan of training/education will be based on the
results &the initial on-site survey and subsequent coordination with management.
We look forward to working with you on this exceptional project. Pleas feel free to
contact me at (703) 7584156 (voice/fax) or Kal' ssonR(~o con).
APR--29--2~5 12 ~44 PM TEAMMAKERS ?~ ?588156 P. 0~
TeamMaker, .
Scn~nars & W-ore. ps
3103 Fox Mill Road Oakton, Virginia 22124
PROPOSAL FOR CARMEL FIRE DEPARTMENT
IMPLEMENTATION OF A PERSONNEL EVALUATION SYSTEM
BACKGROUND
A. Proj~t Overview
TeamMakers sa, wan asked to provide personnel evaluation ~stem implementation
training/education for Carmel Fire Department personnel, sworn and civilian. Carmel
FD's newly approved appraisal forms and instructions apply to each person employed by
the fire department. TeamMakers'"' was informed that within the 4~ quarter of 2005, the
first organization -wide appraisal is to be accomplished. The proposed training/education
project period wi/l extend from contract signing through ~hc first implementation period.
B. Carmel Fire Department
From materials provided, the training/education program for Cannel Fire Department
includes 149 sworn per.~nnel and nine civilian members. City of Carmel Common
Council Ordinance D-1741-05 of February 7, 2005 established a Fire Department Merit
Board. In accordance with Indiana Code IC 36-8-3.5-13, lhe rules, requisites and
eligibllttyforpromvtion, requires that the performance recnnt of the member be used as a
factor in promotion, lC 36-8-3.5-IS, performance ratings, rules and appeal, requires
performance ratings for each member be made at least once every six months.
I['I~RPOS~E OF TJ~JE PRO~[ECT
The purpose of this training/education project is to implement a fair and effective
personnel appraisal system for Carmel Fire Departtnenl using the forms provided. The
imptementatlon plan oftrainlng/education proposed below is intended to provide that
(the):
· All personnel are well informed as to the purpose and expected outcomes of using
the system;
· All personnel understand how to evaluate and rare assigned personnel and how to
complete lhe evaluation forms in such a wa>, that they are usable For their
intended purpose and there tends to be the greatest extent of mutual understanding
among raters to achieve consistency of evaluation and terminology across the
department;
· Department develop the in-house capability to train, educate, and administrate the
program for thc long term,
APR-29--2005 12=45 PM TEANMAKERS 705 75881S6 P.04
PROJECT OUTLINE AND ACTIVITIES
Outline:
We recommand that thc personnel performance evaluation project include the following
activity sets identified below. These include:
An on-site survey of Carmel FD to est~bllsh project goals and delivery
methodology and timing within the context &your organizational culture and
climate;
2. The development, in collaboration with management, of the tmlning/cducation
program including workshops and all nece~qary instructor and participant
materials;
Training/educating all Carmel FD evaluators and evaluees to the evaluation
philosophy, expected outcomes, and plan of jmplementation of the new system;
develop the skills necessary to fairly evaluate, rate, and provide performance
feedback to personnel; develop the skills necessary to implement thc
Performance Improvement Program;
4. Monitoring the implementation of the evaluation program (audit results, analyze
outcomes, report on areas 0f needed improvement) with a view to revising it as
necessary to meet short- and long-term program objectives;
5. Providing the option ofongoing consulta6vedtraining/~ucation services beyond
the initial evaluation implementation period for thc purpose of developing an in-
house Carmel FD capability to train/educate new personnel in thc department's
evaluation system.
Activities:
We propose the following activitlcs in five phases to carry out this project.
,O/~-~i~e Survey (Phase I):
a. Visit Carmel FD to conduct interviews and focus groups with senior
management, representative company officers, directors, representative
employees, appropriate city and union officials, and firefighters and
parameOics.
b. Record representative data, expectations, ~nd questions &each constituent
group concerning the implementation of the evaluation forms and system.
We will also sample organizational culture and climate as relevant to
training/education delive~ design.
c. Establish the actual design of the implementatio~x program to include
working relationshlps with the department's implementation ~mmittee;
identify project timelincs and mile~ones.
d. Deliver report and draft design of specific program elements that will
guide implementation plan development.
APR--29--2005 12:46 PM TEAMMAKERS 703 7508156 P.05
Estimated Level of Effort and Cost: Anticipate '~o people on site for
one and one-half business days. F~imated cost $4,800 (including travel,
lodging, and consultant fees).
Wprkshon Develonment fl'h~ I1}:
a. Create a plan such that Carmel FD personnel are trained/educated in the
use of the new evaluation system and instrumentation by October 2005.
b. Create necessary training delivery mctho&% workshops, and materials
including participant manuals and instructor guides, classrr~m handouts
and c×pcr~entlal activltlcs, and identification, selection, and
purchase/licensing ofapproprlate instrumentation.
c. Coordinate workshop delivery timing, including scheduling, training space
preparation and equipment needs, with thc Carmel FD's Implementation
Teara.
d. Estimated Level of Effort: Estimate two-to-three man-weeks of
consultant labor. Estimated cost $8-12,000 (including travel, lodging, and
consultant fees)plus printing, copying, binding of materials including
participant manuals and instructor guides, classroom handouts, etc. (all
rights to be retained by TeamMakerss~"), and purchase/licensing of
appropriate instrumentation.
Workshop Delivery (Phase liB:
Delivery ora co.m.~on training program for all personnel of the department in a
~-day .course .facdltated by two consultants of about 30-33 people per class
including a rmxtnre of ranks and per~mnel classifications. Based on 158
personne, five ndividual ,sessions are proposed.
a. Introduce all personnel IO the pu~ose, administrative procedures and
expected outcomes of the evaluation program.
b. Instruct all personnel in the use of the forms, their design, the rating
~stem and comment areas; appropriate experiential activities will be
provided to allow experience in proper form completion; development of
the ability ofevaluators to complete the forms easily and accurately.
c. Instruct all personnel in the preparation of the selfqtppmiml form with
i practice activities.
~ d. Provide activities aimed at establishlng falr and equitable standards of
evaluation including cross-calibration of performance standards among
e. Instruct personnel in how to gather and use observation es well as
objective data when writing an evaluation.
f. Instruct personnel in how to conduct a performance evaluation session
under ideal and confrontational situations.
g. Instruct all personnel in the use and preparation of the Performance
Improvement Plan with practice activities. Provide methods to identify an
individual's developmental needs and assist people in planning for
improvM performance,
APR-29--2005 12:4G PM TEA~MAKERS 70~ T58815~ P. 06
Instructional topics may include behavioral observation and
discrimination, goal setting, developing people, confronting unacceptable
performance, persuading, problem solving and planning.
Estimated Level of Effort: Attendance of all employees (158 people) in a
3-day course covering the material specified above, Estimate five course
repetitions &about 30-33 persons per session would be require/A; larger
class sizes possible based on space available and addition of an additional
facilitator. Estimated cost per repetition $9,000 for two facilitators
(including travel, lodging, and consultant fees).
Mgnitor and Revis~ (Phase IV]:
a. Provide first-lime-through individual coaching as required.
b. Upon 2005 evaluation process completion, analyze the process and
outcomes of the initial evaluation peritxi through an appraisal audit,
interviews, and focus groups to determine the extent to which original
program objectives have been met or need to be modified.
c. Provide feedback to management, appraisers and appraisees with advice
on improving thc system based on analysis and incorporating appropriate
suggestions from users.
d, Estimate Level of Effort: On-site audit and interviews by two consultants
(2 days). Estimated cost $4,700 (including travel, lodging, and consultant
fees). Individual consultation and coaching as negotiated.
periodic Tralnin~ (Pha~e V):
a. Provide training/education and assistance ~.s called upon for new
appraisers and orientation for new members of the department.
b. Develop an in-house Carmel FD capability to train, educate, monitor, and
revise the system on an ongoing basis.
c. Estimated Level of Effort: as negotiated.
Project team:
· Rik Karlsson, MPA, Principal, TeamMakcrssm, Oakton, VA
Austin "Mac" Greenland, MA, Doctoral Studies, Fortiter Associates, Bedford, PA
· John Gallis: MPA, Senior Training Associate
EXHIBIT C
INSURANCE COVERAGES
Worker' s Compensation & Disability
Employer' s. Liabillty:
Bodily I~jury by Accident/Disease:
Bodily Injury by AccidenffDisease:
Bodily Injury by Accident/Disease~
Property damage, contractual liability,
products-comPlete~d operations:
General Aggregate Lh~t (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Po]icy Limit:
Eacb Occu~ence Limit:
Fire Damage (any one fire):
Medical Expense Limit (any one person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,0OO
$ 50,0OO
Comprehensive Auto Liability (owned, hired and
Bodily Shxgle Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
non-owned)
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000