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HomeMy WebLinkAbout25-15 Resolution No. 25-15 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INDUSTRIAL ORGANIZATIONAL SOLUTIONS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN OF THE POLICE SERGEANT ASSESSMENT 2024 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Industrial Organizational Solutions, Inc., for professional services in connection with the design of the police sergeant assessment 2024,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 22, 2025 Adopted: January 22, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT made and entered into this _ 22 day of January,2025, by and between the CITY OF ELGIN, an Illinois municipal cowl (hrlcinuller referred to as "CITY")and Industrial/Organizational Solutions, Inc. „ Corporation t'.ut;•.nt K i, 1 urohd I�.LiLn •'t.'.m.a I.. N AOMI Authorized to do business in the State of Illinois(hereinafter referred to as"CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with the h'1•'I' (widel,5'w;>;cwni_,•tsses,+ruc•n, 2024(hereinafter referred to as the PROJECT). AND WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain goods and piol ssional services for RFP Number: 24-060 feu': Design of Police Promotional Assessment (herein:111er related to as the PROJI:(''I)::oat WHERAS,the CONSULTANT represents that he has the necessary expertise and experience to furnish such goods and services upon the terms and conditions set forth herein below. NOW, 'I'LIEREFORL, it is hereby agreed by mid between the CITY and the CC/ONSl11.TAN I'that the CITY does hereby retain the CONSULTANT liar and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in consulting mutters involved in the I'ROJI:('T as described herein, subject to the lidluwing terms and conditions and stipulations,to-wit: 1, SCOPE OF,Sh:RVI('h;S a. All work hereunder shall be performed under the direction of the Police Chief and the Human Resources Director of the CITY, herein after referred to as the "PROJECT MANAGERS". b. Conducting and implementing the tasks for Design of Police Promotional Assessment as required by RFP number 24-060. c. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS a. An outline project milestone schedule is provided herein under. b. The cONStJI.'I'AN'f will submit to the PR(>JEC'T MANAGERS a status report keyed to the project schedule,A brief narrative will be provided Identifying progress, findings and outstanding issues. 3. WOK I( t'ROUt.I("I;S All work products prepared by the CONS(II l'AN I'pursuant hereto including, but not limited to, reports, designs, calculations, work drawings. studies, photographs, models Intl teeonuoenclations shall be the prupert) of the ('I'I'Y nod shall IN: dcliveted to the CITY upon request of the PROJECT MANAGERS provided. however, That the 13 CONSULTANT may retain copies of such work products for its records. CONSULTANT's execution of this Agreement shall constitute CONSUI.'I'AN'rs conveyance and assignuacnt ol'MMll right, title and interest. including but not limited to any copyright juiciest by the ('t)NSIII.'I'ANT to the CI I'Y of all such wuik product prepared by the CONS(tl.'I'AN I pursuant it)this Agreement. rl he('I'I Y shall have the right either on its own or through Other vendors as deteimined Iiy the CITY tt% utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such wink product is not intended or represented to be suitable for reuse by the CITY on any extension to the I'ROJli('For on any other project. and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4. I'AYMh;NTS'1'0 THE i CONS(I1:l'ANI (Not To Exceed Method) A. The City shall reimburse the CONSULTANT for goods and professional services described in Attachment A.For goods alltl services provided the CONSULTANT shall be paid a total fee not to exceedZ1 it,5 _regardless of the actual costs incurred by the CONSULTANT'unless substantial modifications to the scope of the work are authorized in writing by PROJECT MANAGERS. B. The CITY shall make periodic payments to the CONSULTANT based upon actual ptugress within 30 days alter receipt and approval of invoice. Said periodic payments to the CONSIJl.IANI'shall not exceed the amounts shown above. 5. INVOICES A. A The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports(2B above)will he included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted nod cost incur n d. The CONSULTANT shall permit the authorized representative ol'the CITY to inspect: nd audit all data and records of the CONSULTANT for work done inlet this Agreement.The CONSULTANT shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement m any time for convenience or any other reason upon lillcen(15)days prior written notice to the CONSUL:fANI•without penalty. In the event that this Agreement is so terminated. the CONSULTANT shall be paid for services actually performed, and reimbursable expenses actually incurred prior to termination, except that such payment and/or teitnhurscmcnt shall not exceed the task amounts set tin•th under Paragraph d above. 7, TERM This/VI cement shall become el'Iecrive as of the date the CONSULTANT Is given a notice to intik rod by the ('t'1'Y and, unless terminated by the ('I'1'Y pursuant to Aticlu 6, shall be deemed concluded on the date the ('I'I'Y dctenmines that all of the CONSUINAN'I"s 14 work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE Ole('I.AIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY,the CONSULTANT shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSUI:fAN'f's fee shall be valid only to the extent that such changes arc included in writing signed by the PROJECT MANAGERS and the CONSULTANT. Regardless of the decision of the PROJECT MANAGERS relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the PROJECT MANAGERS shall proceed without interruption. 9. BREACH AC11 0F CONTRACT If tither party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative,contractual or legal remedies its may be suitable to the violation or breach: and, in addition, If either party, by reason of any default, fails within fifteen (15) days after notice thereof by;he other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing or aunlhing else to the contotry in this agreement,with the sole exception of the monies the CITY has agreed to pay to the CONSULTANT pursuant to Section 4 hereof, no action shall be commenced by the CONSULTANT or any other related entity against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including,but not limited to, the local government Prompt Payment Act (50 ILCS 501/1,ci sty.),as amended,or the Illinois Interest Act(815 ILCS 205/1,etseq.),as amended. The parties hereto lin titer agree that any action by the CONSULTANT arising out of this Agreement most he filed within one(1)year of the date the alleged cause of action arose or the same will be ha'ied. 'I he provisions of this paragraph will survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, hoards and commissions from and against any and all claims,suits.judgments,costs,altom uey's kes. damages, or other relief, including but not limited to workers compensation claims, In any way resulting from or arising nut of negligent actions or omissions of employees or agents of the CONSULTANT arising out of the het lot mance of this Agreement. In the event of any action against the ('I IY, its officers, employees, agents, boards or commissions,covered by the foregoing duty to indemnify,de lend and hold harmless such 15 action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 11. NO I'ERSONA1.LIABILITY No official,erector,officer,agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution,approval or attempted execution of this Agreement. 12.JNSURANCE A. Comprehensive Liability.The C()NS Lii.FA NI'slni II provide, pay for and maintain in cMet, du►ing the terra of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and S1,000,000 aggregate for properly damage.The CONSULTANT shall deliver to the Purchasing Director a Certification of Insurance naming the CI fY as additional insured. The policy shall not he modified or terminated without thirty(30)days prior written notice to the CITY. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Article 10 entitled"indemnification"shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-Insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,nun•owned and hired motoi vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Slimly Limit Polley. The requirements for insurance coverage for the ' • general liability and auto exposures may be met with a combined single limit of $1.000,000 per occurrence subject to a S1,000,000 aggregate. D. Professional Liability. The Ct INSl1l.l ANI' shall carry I'rolessirnurl I.inhilily Insurance covering claims resulting front et nor, omissions, or negligent acts with a combined single limit of not less lino► S1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the Purchasing Director us evidence of insurance protection. The policy shall not be modified or terminated without thirty (30)days prior written notice to the Purchasing Director. 13.J4ONDIS('RI411NA'l'ION Tit all hiring or employment made possible or re,.ulting limn this Agreement. there shall be no discrimination against any employee or applicant lirr employment because of scx, rrc, race, color, creed, national origin, marital statue., tit the presence ul any sensory, mental or physical handicap, unless based upon a buns talc occupational qualification. 16 and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin. age except minimum age and retirenreol provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation or this provision shall he considoed a violation oft innIcrial provision of this Agreement and shall be groan&pier cancellation.termination or suspension,in whole or in part,oI the Agreement by the CITY. 14, ASSIGNMENT AND SUCCESSORS Phis Agreement and each and every portion thereof shall be binding upon the successors and the assigns ofthe parties hereto;provided,however,that no assignment shall be made without the prior written consent of the CITY. IS. DELEGATIONS AM)SUBCONTRACTORS Any assignment,delegation or subcont►act ing shall be subject to all the terms,conditions and other provisions of this Agreement and the CONSULTANT shall remain linhlc to the CITY with respect to each and every item, condition and other provision lieicolto the same extent that the (:(JNSIUI.'I'ANh would have been obligated if it bad done the work itself and no assignment,delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 16.NO CO-PAWI'NERSIIII'OR Al;EN( This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 17.SE Vl U,\I1ILITY The panties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise uncnlbrceablc,till other portions of this Agreement shall remain in lull force and effect. 18.HEADINGS The headings of the several paragraphs of this Agreement are inserted only a,. a matter of convenience and for reference and in no way are they intended to Jelin, , limit in describe the scope of intent of any provision of this Agreement. nor OA they be construed to affect in any manner the terms and provisions hercol'or the Mkt p►elation or construction thereof. 19. MODIPIC:A'l'ION OR AMENDMENT 17 This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not he changed, modified, discharged or extended except by written amendment dud) exee•ultd by the p,utes.. I..nM party agrees that no rep►esent.►lions or warranties shall he binding upon the ulhe panty unless expressed in waiting herein or in a duly executed an►endmenI hereof. o► change order as herein provided. 20. AI'PLIC'AHI.11: I.AW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois.Venue for the resolution ofany disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County,Illinois. 21.NEWS k ELEASKS The C'ONSUI:fAN'I'may not issue any news releases without prior approval firm the City Manager,nor will the('t)NSI tl.fANT make public proposals developed under this Agreement without prior written approval from the City Manager, prior to said documentation becoming matters ul public record. 22.COOPERATION WITI I OTHER CONSULTANTS The CONSULTANT shalt cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 23, INTERFERENCE W I'fl 11'IIHIJC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid rigging. 24.SKXMIA,.IIAItASSMFAT As a condition of this contract,the CONSULTANT shall have written sexual harassment policies that include,at a minimum,the following information: A.the illegality of sexual harassment; B.the definition of sexual harassment under state law; C.a description of sexual harassment, utilizing examples; D.the vendor's internal complaint process including penalties; E.the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission; F.directions on how to contact the department and commission; G.protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of I Inman Rights upon request 775 1LCS 5/2.105. 25. 11'RI'I'fl N COMMUNICATIONS 18 All recommendations and oilier communications by the CONSULTANT to the PROJECT MANAGERS and to other participants which may affect cost or time of completion of the PROJECT shall he made or confirmed in writing. The PRO)t:('I MANAGERS may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 26.NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid,addressed as follows: A.As to CITY: Rick Kozel City Manager City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 B.As to CONSULTANT: Chad C. Legel, President& CEO Industrial/Organizational Solutions; Inc 1520 Kensington Road, Suite 110 Oak Brook, IL 60523 27. COMPLIANCE WITII LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT, that the CONSULTANT shall comply with all applicable federal,state,city and other requirements of hew, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due nod lawful prosecution of the work and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or Giannil of the CONSULTANT to determine CONSUL.fANI's compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONS IIJI.ANTshall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY.The CONSULTANT shall pay any and all costs associated with any such audit up to the amount of$900. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the sane agreement.For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or c-mail 19 shall be treated in all manners and respects as an ui ittinal(14ico acut. The signature of any party on a copy(Willis agreement tnuusmiticd by Ills machine tn.e-mail tih.ill he considered fin' these proposes as an original signatmc and shall have the N:une legal effect as an original signature.Any such lazed or c-mailed copy of this agucemwM shrill he considered to have the sane binding legal effect as as original document At the aeyues( of either party any fax or e-mail copy of this agreement shall be re-executed by the Fatties in an original form.No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WI!NESS WHEREOF, the tea hereto have entered into and executed this agreement effective as of the date an rst written above. FOR THE CITY:__( v hest: Rick Kozal City Manager City Clerk ). FOR THE CONSULTANT: jI// r C. 1l:44 ' • 20 Proposal to Provide a Promotional 11 Process for the Rank of Police Sergeant ,... RFP No. 24-060 Presented to: The City ofiv Elgin Illinois , i r • )11 ' • . . -4 111) / / .......,..... . „‘ „ • ..., • ' 4 • r 'ir • (\)t, <, rilf". 1 i e,41VII•n a til ' - WI ‘61.10a . ' 'ev.I'° 7 •AN.- .):., 4,-. 11 ,0 F.; _ \"*..e.:?4:Zi...e,, . ti %%ow., . ( -4. R, ..,....,., is v..-;g., a_ :: .. To. . ....a 0.111 ... _ X A 111 , 111611100 / ' \TIP ,...., 0.7<e .0.000, I NDUSTRIAL/ORGANIZATIONAL SOLUTIONS PUBLIC SAFETY SE 4 T; Investment � L� . . The following tables outline the costs associated with the project plan described in this proposal. Elgin,IL Police Sergeant Promotional Process Submitted by Industrial/Organizational Solutions,Inc.(1OS) Police Sergeant(Estimated 30 Candidates at Assessment Stage) Consultant Consulting Tech. Wrtr. Admin. Project Step Hrs. Assoc.Hrs. Hrs Hrs. Cost Kick-off and Planning 1 0 0 0 $240 Discuss milestones and determine timeline 1 0 Component Expenses Conducted Virtually Written Job Knowledge Examination 11 13 57 0 $9,505 Work with SMEs to develop an examination plan that is linked to the job analysis,and select appropriate knowledge sources. 1 Draft 125 multiple choice questions based on exam plan. 3 6 45 Review questions with SMEs to assess job-relatedness and difficulty. Identify final 100 questions and establish appropriate cut-off score. 2 6 Administer exam and provide on-site,computerized scoring. 5 3 Assist in designing/coordinating appeals process and respond to candidate appeals. 2 6 Provide final,official scores to the City. 2 Component Expenses $175 Assessment Center Development 68 43 0 S $22,000 Design three exercises based on input from SMEs, including candidate preparation materials,scripts,and rating criteria/guidelines. 35 4 Review exercise with SMEs to refine exercise details and ensure accuracy of criteria. 3 1 Develop efficient assessment schedule and plan out needs for assessment site. 2 Recruit assessors and coordinate travel logistics (estimated 9 assessors to create 3 panels) 8 Administer the assessment center(estimated 30 candidates:3 days,2 staff) 25 25 Compile assessment scores and conduct quality controls. 2 2 1 Develop candidate feedback reports. 1 3 4 Component Expenses $320 Candidate Orientation Presentation 4 3 0 0 $1,320 Prepare and deliver a video-based candidate preparation/orientation presentation. 4 3 Component Expenses SO Project Expenses $9,200 Role player-related costs $700 Assessor costs($300/day honorarium) $8,100 Administrative costs(shipping,recording media, •rintin:) $400 TOTAL PROJECT INVESTMENT $42,265 2 Copyright©2024,Industnal/Orgonizotional Solutions,Inc. CONFIDENTIAL—TRADE SECRET Project Notes IOS has used estimated candidate numbers to estimate parameters for exam and assessment processes(e.g.,duration of exam/assessment, how many IOS personnel are on-site,etc)based on our standard practices Consultant travel-related costs have been calculated based on these estimates. These costs have been built Into line-item pricing. IOS will invoice clients as each project component/line-item is completed. The line item total reflects labor,overhead and all travel-related costs. IOS will not provide itemized expenses receipts to client. The component costs are considered to be"fully-loaded." Site Procurement Expenses and Assessor Travel-related expenses have been estimated. These estimates are based on assumptions regarding candidate numbers,duration,etc. The client will be responsible for these costs in full. IOS will invoice these expenses to the client after IOS has accepted liability for these expenses on behalf of the client. IOS will invoice actual site,assessor flight and assessor lodging costs. A per diem will be calculated based for assessors to cover meals not provided by IOS,transportation,parking,baggage fees, and other incidental travel expenses as appropriate. The per diems will be assessed to the client and will not be reconciled against actual receipts. IOS will invoice expenses up to the allotted budget If in the course of procuring sites/assessors,IOS becomes aware that the estimated budget will be insufficient for whatever reason,IOS will notify the client and seek to identify a mutually acceptable solution. While we have attempted to establish accurate budgets,significant fluctuations in costs associated with flights and lodging are possible. IOS has planned for the use of virtual meetings were possible. We are willing to conduct on-site meetings when preferred by the client; however,this may necessitate changes in labor and travel cost estimates. Client will be responsible for providing a suitable site at which to conduct exams and assessment and for providing lunch/refreshments for Schedule of Hourl Rates - IOS 2024 Category Rate Consultant/Industrial Psychologist $240/hour Consulting Associate $120/hour Technical Writer $90/hour Administrative Assistant $40/hour Details Regarding Proposed Pricing: The cost information provided is based on the facts and figures that were provided in the request for proposals. Should the scope of services need to be changed/modified, or the candidate numbers increase, IOS will calculate any additional project costs, based on our published hourly rates, and submit a change order to the agency prior to engaging in additional work. The proposed costs are fixed-firm and, unless the scope of work is modified, will be invoiced in total. IOS proposes the following invoice schedule: 1/3 upon contract execution, 1/3 upon development of the written examination, and 1/3 upon completion of the project. Concerning Project-Related LitigationlChallenges The nature of the contracted work that IOS performs is inherently litigious as it relates to employment and promotion decisions within the context of public safety agencies, which has been a fertile ground for employment litigation for well over 50 years. Some of the lower- scoring candidates, who are not selected, will inevitably find fault with the selection process rather than acknowledge that their performance on the exam/assessment was accurately measured. Often the reasons for litigation go beyond the technical work performed by IOS and target agency rules, practices or other factors that are ancillary to IOS's exam/assessment. Simply stated, our field and the work we perform has a significant risk of litigation for many reasons. 3 Copyright©2024,Industrial/Orgonizational Solutions,ha CONFIDENTIAL—TRADE SECRET Despite the many risks involved in this work, IOS is committed to assisting our clients in the defense of challenges/litigation. In order to provide competent support, IOS will invoice the client at the current published hourly rates for all activities that IOS undertakes in support of our client's challenge/litigation, including but not limited to: consultation with client concerning the potential or actual challenge/litigation, consultation with internal or external counsel, research, analysis, production of discovery documents, deposition, consultation with IOS's legal counsel, internal discussions among IOS staff regarding strategy, testimony, and assistance securing and vetting experts. These activities are not required for all projects, and only occur based on situation-specific events (e.g., grievance or lawsuit). Therefore, these activities have not been factored into our cost proposal and will be invoiced as they occur. Hourl Rates for 2024 Classification Hourly Rate Consultant (Principal, Ph.D., or Senior Consultant) $325 Associate Consultant $150 Administrative Support $50 4 Copyright©2024,Industrial/Organizational Solutions.Inc. CONFIDENTIAL—TRADE SECRET 1 I 4110 t 1 111 / X 011 1 . I •; •% 1 I / ,+ ...�...4.0....... . 888.784.1290 708.410.1558 (fax) www.iosolutions.org www.publicsafetyrecruitment.com I