HomeMy Public PortalAbout096-2012 - Police Merrit Commission - IPSP - Professional ConsuPROFESSIONAL CONSULTING SERVICES AGREEMENT
THIS AGREEMENT made and entered into this N/A day of S , 2012 and referred to
as Contract No. _26 -2012, by and between the City of Richmond, ndiana, —amunicipal corporation
acting by and through its Police Merit Commission (hereinafter referred to as the "City") and
Institute for Public Safety Personnel, Inc., 251 E. Ohio Street, Suite 1000, Indianapolis, Indiana,
46204 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide consulting and testing services in connection with the
Richmond Police Department and Police Merit Commission performance review process.
Specifically, Contractor shall, biannually, provide services including, but not limited to, providing
training materials, development of written test for promotions, oral interview questions, and scoring
of composite materials used to develop the rank order of candidates testing for Investigator, Sergeant,
Lieutenant, or Captain. Contractor shall perform all services described on Contractor's proposed
Agreement "Exhibit A" 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 11. 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.
SECTION III. COMPENSATION
City shall pay Contractor a sum not to exceed Nineteen Thousand Five Hundred Dollars
($19,500.00) for the complete and satisfactory performance of all work described on "Exhibit A".
Contract No. 96 -2012
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SECTION IV. TERM OF AGREEMENT
This Agreement shall be effective as of July 10, 2012, and shall continue in effect until July 9, 2013.
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 by either the City or the Contractor, in whole or in part, by
mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of
partial termination, the portion to be terminated.
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 there, 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
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C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
E. Comprehensive Umbrella Liability
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each aggregate
F. Malpractice/Errors & Omissions Insurance $500,000 each occurrence
$500,000 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. 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:
I. 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
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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.
SECTION VIII. 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 IX, 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 amnended in whole or in part at any tiife 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
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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.
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"
THE CITY OF RICHMOND,
INDIANA by and through its
Police Merit Commission
By: _41.,✓�-1111)
&Z"4—
Ann England, President
Date: Sl- J y /.2
APPR0VED:Q-- lee 4�A4
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
INSTITUTE FOR PUBLIC SAFETY
PERSONNEL, INC.
251 E. Ohio Street, Suit 1000
Indianapolis, IN 46204
By:
Title:
Date: —
Page 5 of 5
EXHIBIT PAGE _OF
AGREEMENT
THIS AGREEMENT for professional services, dated this IO h of July, 2012, 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
I. Effective July 10, 2012, and continuing through July 9, 2013, 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
1. 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.
S. 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.
b. 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
1. 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 snake such appearance without compensation other than out-of-pocket expenses.
EXHI@1T PAGE OF,
D. MisceIlaneous
. 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
termiriaiion, neitheir 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.
4. 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.
EXH16fT PAGE r3TFjn
INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC.
Richmond Police Department
Promotion Process
Exhibit A
Process Steps:
1. Establish Job Relevance
A. Review job descriptions
B. Select source materials
H. Write and Validate Written Test Questions
A. Write test questions on all source .
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
1V. 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
—Nest with_committef to validate -material
VI. Administer Interviews/Assessment Center Exercises
A. 'Train nrnl interview board
B. Provide monitor at interview site
VII. Score Results
A. Tally preliminary scores
B. Generate preliminary lists
C. Combine results with other process components (seniority, etc.)
EXHIBIT A- ,aac.E of
VIM. 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
DC 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: $19,500.00
Project Cost
A. Total cost assumes that there will be four rank Ievels (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 $50.00 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 $350.00 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
includess aILmaterials or ._ aining session. Department will furnish the site for training session.