HomeMy Public PortalAbout162-2009 - Fire - IPSP - application hiring processPROFESSIONAL CONSULTING SERVICES AGREEMENT
THIS AGREEMENT made and entered into this _3rd day of _December , 2009
and referred to as Contract No. 162-2009, by and between the City of Richmond, Indiana, a
municipal corporation acting by and through its Fire Department (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 professional consulting and testing services in
connection with the 2009/2010 firefighter hiring and application process. Contractor shall
perform all services described on Contractor's proposed Agreement "Exhibit A" consisting
of five (5) pages, which exhibit is attached hereto and made a part hereof.
The Contractor shall furnish all labor, material, equipment, and services necessary for the
proper completion of all work specified.
No work shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance; and
2. 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.
SECTION III. COMPENSATION
City shall pay Contractor a sum not to exceed Three Thousand Four Hundred Dollars
($3,400.00) for the complete and satisfactory performance of all work described on "Exhibit
A".
SECTION IV. TERM OF AGREEMENT
This Agreement shall be effective when signed by all parties and shall continue in effect until
the 2009/2010 firefighter hiring process is completed on or about September 24, 2010.
Contract No. 162-2009
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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. INDElV WICATION 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
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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
$300,000 each occurrence
$300,000 aggregate
$100,000 each occurrence
$300,000 each person
$300,000 each occurrence
$100,000 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:
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
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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.
SECTION VIII. 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.
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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
Board of Public Works and Safety
By:_S/S Vicki Robinson
Vicki Robinson, President
By:_S/S Dian Lawson
Dian Lawson, Member
By:_S/S Mary Jo Flood
Mary Jo Flood, Member
Date: December 3. 2009
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: December 4. 2009
"CONTRACTOR"
INSTITUTE FOR PUBLIC SAFETY
PERSONNEL, INC. (IPSP)
By:_S/S Jeffrey Savitsk�
Title: Psychologist _
Date: December 9. 2009
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