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Home My Public Portal About051-IPSP Inc. Police CommV,V no �ea s I AGREEMENT THIS AGREEMENT for professional services, dated this 41h of May 2004, by and between the Institute for Public Safety Personnel, Inc. (hereinafter "IPSP, Inc.,") and The City of Richmond, Indiana by and through its Police Merit Commission (hereinafter "Public Employer"): A. Basic Services 1. Effective May 4, 2004, and continuing through May 3, 2005, IPSP, Inc., shall, pursuant to the terms and conditions set forth herein, provide the Public Employer with the professional consulting services set forth in Exhibit A attached hereto and made a part hereof. B. Operation t • The relationship between IPSP, Inc., and the Public Employer shall be that of an independent contractor providing professional services. 2. IPSP, Inc., shall furnish, or make contact with other individuals or entities to furnish such professional, technical, or clerical services as are needed for the administration of the IPSP, Inc., programs. IPSP, Inc., shall provide for all salaries and the employer's share of social security, worker's compensation, and all other taxes imposed on an employer with reference to any personnel employed by IPSP, Inc., in relation to the performance of the terms of this Agreement. 3. All test materials developed and administered by IPSP, Inc., are the property of IPSP, Inc. This Agreement provides for a one-time usage of test materials specifically developed for the purpose of executing this Agreement. Public Employer agrees to respect the copyright of all IPSP, Inc., materials and agrees not to duplicate said materials without the expressed written consent of the Director of IPSP, Inc. 4. All records kept by IPSP, Inc., concerning the designated programs herein shall be the property of IPSP, Inc., provided that the Public Employer shall have the right to access and review the information contained in such records. 5. In the event an applicant or incumbent requires a reasonable accommodation in the administration of any test by IPSP, Inc., the Public Employer agrees to pay a reasonable additional fee therefore. 6. The total cost to the Public Employer for services of IPSP, Inc., as provided for in this Agreement shall be in the amount set forth in Exhibit A. Such amount shall be remitted to IPSP, Inc., within thirty (30) days after completion of the agreed services. The services rendered by IPSP, Inc., under this Agreement shall be considered as "professional services." Upon request, IPSP, Inc., shall provide a fully itemized statement concerning the services rendered under this Agreement. C. Additional Services t • The Public Employer may, from time to time, require changes in the scope of the services of IPSP, Inc., to be performed under this Agreement. Such changes, including any increases or decreases in the amount of compensation to IPSP, Inc., which are mutually agreed upon by the parties hereto, and approved by all other necessary and proper authorities, shall be incorporated in written amendments to this Agreement. 2. IPSP, Inc., further agrees that its personnel will appear, if necessary, to testify on behalf of the Public Employer with regard to any legal challenge involving IPSP, Inc., programs, and that IPSP, Inc., personnel shall make such appearance without compensation other than out-of-pocket expenses. CONTRACT 51-2004 D. Miscellaneous 1. If IPSP, Inc., fails to fulfill in a timely and proper manner the obligations pursuant to this Agreement, the Public Employer shall thereupon have the right to terminate this Agreement by giving written notice to IPSP, Inc., at least thirty (30) days prior to the effective date of such termination. In the event of termination, neither party hereto shall be relieved of liability to the other for damages sustained by virtue of any breach of this Agreement, and the Public Employer may withhold payment to IPSP, Inc., for the purpose of setoff until such time as the exact amount of damages due the Public Employer can be determined. 2. If the Public Employer shall fail to fulfill in a timely and proper manner the obligations pursuant to this Agreement, IPSP, Inc., shall thereupon have the right to terminate this Agreement. Said notice shall be given to the Public Employer at least thirty (30) days prior to the effective date of such termination. In the event of termination, neither party hereto shall be relieved of liability to the other for damages sustained by virtue of any breach of this Agreement. 3. IPSP, Inc., shall indemnify and hold harmless the Public Employer from any and all loss, damage, injury or liability caused by the negligence of IPSP, Inc., or its employees or agents in performing its obligations provided in this Agreement. 4. IPSP, Inc., shall not be held liable and the Public Employer shall hold IPSP, Inc., harmless from any and all loss, damage, injury or liability caused by the negligence of the Public Employer or its employees or agents in disregarding or ignoring any professional opinion, diagnosis or recommendation of IPSP, Inc., or its employees or agents while IPSP, Inc., is performing its obligations provided in this Agreement. 5. IPSP, Inc., certifies and warrants that it has the capacity to perform the services as required by the Public Employer with high professional quality, ability and expertise and further certifies and warrants that it has the capacity and authority to enter into this Agreement. 6. IPSP, Inc., and its employees, agents and representatives, in the performance of this Agreement, agree not to discriminate against any employee or applicant for employment with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, sex, religion, national origin, ancestry, disability, or Vietnam Era veteran status. 7. This Agreement shall be binding upon and shall inure to the benefit of IPSP, Inc., its partners, successors, assigns, legal and personal, representatives, and administrators. 8. At the expiration of the initial term hereof, or upon earlier termination of this Agreement pursuant to Section D, 1, the parties shall review the compensation paid by Public Employer and the services rendered by IPSP, Inc., through the date of such termination to determine whether Public Employer is entitled to any reimbursement or whether IPSP, Inc., is entitled to additional compensation, and any necessary adjustments shall be made. 9. Nothing herein shall be construed as creating any personal liability on the part of any officer, director, agent, or employee of any public body which may be a party hereto. 10. IPSP, Inc., as a prerequisite to this Agreement, agrees to purchase and thereafter maintain such insurance as will protect it from the claims set forth in Exhibit B which may arise out of or result from the Contractor's operations under this Agreement, whether such operations are by the Contractor or by any sub- contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. 11. This Agreement represents the entire understanding between and among the parties hereto. This Agreement may not be changed, altered, or amended; modification of this Agreement must be in writing, executed by the parties hereto, refer to this Agreement by date, and must be executed on a form entitled "Supplemental Agreement" approved by all parties hereto. INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. Richmond Police Department Promotion Process Exhibit A Process Steps: I. Establish Job Relevance A. Review job descriptions B. Select source materials Il. Write and Validate Written Test Questions A. Write test questions on all sources B. Validate test questions via committee review III. Train and Inform Candidates About Process A. Provide candidates with descriptive process booklets B. Prepare training video on test preparation IV. Administer Written Test A. Provide test booklets B. Administer test site C. Provide all testing material V. 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 VI. Administer Interviews/Assessment Center Exercises A. Train oral interview board B. Provide monitor at interview site VH. Score Aesults A. Tally preliminary scores B. Generate preliminary lists C. Combine results with other process components (seniority, etc.) VIII. 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 Department D. Provide candidates with individual appeal results IX. Provide Individual Feedback A. Provide candidates with individual scores and rank order standing X. Derive Final List A. Provide Department with final scores and rank order list TOTAL: $17,600.00 Project Cost A. Total cost assumes that there will be four rank levels (i.e., Captain, Lieutenant, Sergeant and Investigator) and that there will be fewer than 50 total candidates in the process. Additional candidates over 50 will cost $30.00 each. B. Price includes an IPSP, Inc., monitor for the written exam and the review session, and an interview monitor for one (1) day. Additional monitors/days will cost $300.00 per day. C. Price assumes that either the candidates or the department will purchase the necessary books and reading material. D. Department will furnish the test sites for the written exam, oral interview, and review session. Optional Costs A. Candidate Interview Training may be provided to candidates at a cost of $500.00 per day. Cost includes all materials for training session. Department will furnish the site for training session. N i$ INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. Richmond Police Department Promotion Process Exhibit B Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability E. Limits Statutory $100,000 $300,000 each occurrence $300,000 aggregate $100,000 each occurrence Section 1. Bodily Injury $300,000 each person $300,000 each occurrence Section 2. Property Damage $100,000 each occurrence Comprehensive Umbrella Liability $1,000,000 each occurence $1,000,000 each aggregate IN WITNESS WHEREOF, the parties have executed this Agreement. INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. The City of Richmond, Indiana by and through its Police Merit Commission By:sGv�.�, P� l�s�M^�-tea Title: Pce-s i AQ-AX Date: