HomeMy Public PortalAbout162-2022 - Elite Public Safety Consulting, Inc. Instructional services PROFESSIONAL CONSULTING SERVICES AGREEMENT
THIS AGREEMENT made and entered into this ` day of/QVa416 20 , and
referred to as Contract No. 162-2022, by and between the City of Richmond, Indiana, a
municipal corporation acting by and through its Board of Public Works and Safety (hereinafter
referred to as the "City") and Elite Public Safety Consulting Inc., 199 Easton Point Way,
Greenwood, Indiana, 46142 (hereinafter referred to as the"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services in connection with consulting and:instructional
services to assist with identifying organizational issues and potential solutions to increase
organizational performance for the Fire Department (the "Project"). Contractor shall perform all
services described on Contractor's proposed Agreement "Exhibit A" dated September 27, 2022,
consisting of four(4)pages,which Exhibit is attached hereto and made a part hereof
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement,this Agreement shall be controlling.
Contractor shall perform all work herein in a timely manner, conforming to all applicable
professional standards.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is: in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
Contract.No. 162-2022
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SECTION III. COMPENSATION
City shall pay Contractor at the rates quoted in the attached Exhibit A for the complete and
satisfactory performance of this Agreement,provided that the total amount payable to Contractor
shall not exceed Six Thousand One Hundred Seven Dollars and Fifty Cents ($6,107.50).
SECTION IV.'TERM OF AGREEMENT
This Agreement shall be effective when signed by all parties and shall continue in effect until
November 11, 2022, or completion of the Project,whichever is later.
Notwithstanding the term of.this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d...suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the date. this Agreement is terminated, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons.for such termination, the effective date, and in the case of partial
termination,the portion to be terminated.
This Agreement may also be terminated by the City if a force-majeure event occurs and the
results or aftereffects of said event causes the performance of this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
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include. events or effects which the parties to this Agreement could not have: anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government,the State of Indiana, or local government.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to. this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations 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..
Coverage Limits
A. Worker's Compensation& Statutory
Disability Requirements
B. . Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
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F. Malpractice/Errors &Omissions Insurance $1,000,000 each occurrence
$1,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commencing work under this Agreement,provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Contractor has complied with Indiana
Code Sections 22.3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and
therefore subject to another state's worker's compensation law, Contractor may choose to
comply with all provisions of its home state's worker's compensation law and provide the City
proof of such compliance in lieu of complying with the provisions of the Indiana. Worker's
Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS..
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll .in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor. If
this Agreement: is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails.to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
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the event the City determines during the course of this Agreement that this certification.is no
longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-
22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting
on behalf of Contractor or any sub-contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability,national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1,the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
person acting on behalf of Contractor or any sub-contractor, shall not discriminate
by reason of race, religion, color, sex, national origin or ancestry against any
citizen of the State of Indiana who is qualified and available to perform the work
to which the employment relates;
2. That Contractor, any sub-contractor, or any person action on behalf of Contractor
or any sub-contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race,religion, color, sex,national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. 'Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
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SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of.Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document constitutes the entire
Agreement between the parties, although it may be altered or amended in whole or in part at any
time by filing with the Agreement a written instrument setting forth such changes signed by both
parties. By executing this Agreement the parties agree that this document supersedes any
previous discussion, negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana,and any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other
action in any alternative forum, venue, or in front of any other tribunal, court, or administrative
body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right
Contractor may have to bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity.hereby warrants that he/she has
been duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement,including but not limited to, City's reasonable attorney's fees.
[Signature Page to Follow.]
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In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties,and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this.Agreement.
IN WITNESS WHEREOF,the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY" "CONTRACTOR"
THE CITY OF RICHMOND, ELITE PUBLIC SAFETY
INDIANA by and through its CONSULTING INC.
Board of Public Works and Safety 199 Easton Point Way
Greenwood, IN 46142
gidBY '/��l/u/ Yi4 BY:
Vicki Robinson,President Dr. Candace Ashby,President
By: Date:
mil Palmer,Member
By: �
Matt Evans, Member
Date: //1'V -
APPROVE
Day. M. S a.
Date: !( /`4 ?Z7ZZ
Page 7 of 7
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties,and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF,the parties have executed this Agreement at Richmond,Indiana,as of
the day and year first written above,although signatures may be affixed on different dates.
"CITY" "CONTRACTOR"
THE CITY OF RICHMOND, ELITE PUBLIC SAFETY
INDIANA by and through its CONSULTING INC.
Board of Public Works and Safety 199 Easton Point Way
Greenwood,IN 46142
By:
B
Y•
Vicki Robinson,President r.Candace Ashby,President
By: Date: /i/ol froZZ
Emily Palmer, Member
By:
Matt Evans,Member
Date:
APPROVED:
David M. Snow,Mayor
Date:
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EL
ITE
OPUBLIC SAFETY CONSULTING
4- SOW 22-112 for Agreement to Perform Consulting Services to Richmond
o Fire Department
CDate Services Performed By: Services Performed For:
09/27/2022 E.L,I.T.E Public Safety Consulting Richmond Fire Department
E 199 Easton Point Way 101 South 5ti'Street
Greenwood,IN 46142 Richmond,IN 47374
W
-1— Period of Performance
The services shall take effect immediately and remain in full force and effect until the contractor has completed the
services and delivered materials as outlined in the SOW and agreed upon by both parties,unless earlier terminated.
Scope of Work
Contractor shall provide the Services and Deliverable(s)as follows:
The contractor,E.L.I.T.E Public Safety Consulting,Inc.agrees to provide consulting and instructional services for
the client as agreed upon with the Richmond Fire Chief,in writing..
1. Speaking with employees throughout the department to identify organizational issues and potential
solutions to increase organizational performance.
2. Present organizational issues and solutions to the administration in a clear concise manner.
Contractor Responsibilities
Contractor responsibilities are listed above in the scope of work.
Client Responsibilities
The.client will provide a suitable location for the contractor to meet with employees to perform services.
Statement of Work forRichmondFire D paitmnent•09/27/20227-7-7-. - ----•-- __ 1
s EXHIBIT _ PAGE__�___OF—` J
•
Fee Schedule
The terms of this agreement will be completed at a rate of$2000 per day,not to exceed 3 days or$6000,for
consulting and instructional services (travel time included).Federal mileage rate of$.625 per mile shall apply to the
172 mile roundtrip charge for a total mileage reimbursement of$107.50.The total charges for consulting and
mileage would be$6107.50.Contractor agrees to purchase the hotel room separately.The contractor shall submit an
invoice for services performed after delivery.The client will pay the contractor within thirty(30)days after receipt
of invoice.
Completion Criteria
Contractor shall have fulfilled its obligations when any one of the following first occurs:
• Contractor accomplishes the activities described in this SOW as agreed upon between the trio parties.
a Contractor and/or Client has the fight to cancel services or deliverables not yet provided with written notice to
the other.party. If services have already been rendered,then the client will be responsible for those services at
the agreed upon fee schedule listed above.
IN WITNESS WHEREOF,the parties hereto have caused this SOW to be effective as of the day,month and
year first written above.
Richmond Fire Department • E.L.I.T.E Public Safety Consulting
B `4. B �
Name: ! Name:
Tide: _a Tide: :;`�� `' , 4
Statement of irork for Aich>mond Fire DOniimcnt•09/2 /2022
` S
' ELITE
PUBLIC SAFETY CONSULTING
September 27, 2022
Chief Jerry Purcell
Richmond Fire Dept
101 South 5th St
Richmond, IN 47374
Leadership From the Bottom Up
This workshop is designed as a starting point for an organization to hit a reset button and bring
everyone together as one team to drive the cultural change needed for organizational success.
Participants across all shifts evaluate current issues they feel are impacting the organization and
create solutions that will stimulate organizational growth, development, and performance. A
classroom session takes place on the last part of the workshop to give participants information,
direction, and inspiration to affect positive change no matter the position he/she holds. Information
from the issues/solution sessions will be combined and presented to the administration at the
conclusion of the training. We encourage the administration join the last part of the workshop.We
also recommend if resources allow to bring in extra firefighters to cover EMS calls to limit interruption
and for lunch to be provided for the crews.
Instructor: Dr. Candace Ashby
Location: Richmond Fire Dept
Dates: Nov 9-11, 2022 (afternoon of 9th or 10th for admin and/or BCs)
Class time: 0830-1430
Cost: $2000 per day x 3 shifts = $6000 plus federal mileage rate of$.625 x 172mi = $107.50
Thank you,
Dr. Candace Ashby, President
ELITE Public Safety Consulting
Dr. Candace Ashby has over 32 years of fire service experience and is a Battalion Chief with the Indianapolis
Fire Department. Her educational background includes a Doctorate of Management in Organizational
Leadership.She is President of Key Fire Investigations and ELITE Public Safety Consulting. Dr.Ashby enjoys
making a positive impact on the fire service through coaching and mentoring fire officers in all areas of
management and leadership
PO BOX 901,Greenwood, IN 46142/888-451-4771/info@elitepublicsafety.com/www.eitepublicsafety.com
501(c)3 nonprofit EIN 47-3690335
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111
PUBLIC SAFETY CONSULTING
Optional.Leadership Development Series
We have an optional on-going leadership development series. Once the main issues of the organization have
been identified,solutions recommended,and change initiatives developed and prioritized,we will work with
the administration to customize topics that will be delivered in an interactive mini-workshop format.These
mini workshops provide short bursts of useful information and ideas that participants can immediately put
into practice to improve performance.These sessions are typically two hours in length across all three shifts
and delivered every other month for a year or some department just want quarterly officers training.This will
allow change initiatives to be led from the bottom of the organization, as well as the top.
We can deliver a wide-variety of management and leadership topics.A sampling of our mini-workshop topics
include:
• Management vs Leadership
• Interpersonal Communications&Conflict Management
• Teambuilding
• Decision Making/Critical Thinking
• Coaching/Counseling
• Customer Service
• Organizational Change
• Emotional Intelligence -
• Servant Leadership
• DISC Personality Profile
• Expectations/Goal Setting/Responsibilities
• Pride/Ownership
• . Mentoring/Empowerment
• Multi-Generational Training
PO BOX 901,Greenwood, IN 46142/888-451-4771/info@elitepublicsafety.com/www.eitepublicsafety.com
501(c)3 nonprofit EIN 47-3690335