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07-12 Resolution No. 07-12 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANARD AND ASSOCIATES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS, that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Stanard and Associates for psychological evaluations for police officers, a copy of which is attached hereto and made a part hereof by reference. s/John Walters John Walters, Mayor Pro Tem Presented: January 10, 2007 Adopted: January 10, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: r s/Dolonna Mecum Dolonna Mecum, City Clerk r AGREEMENT THIS AGREEMENT,made and entered into this 2 day of August, 2006,by and between the CITY OF ELGIN,an Illinois municipal corporation (hereinafter referred to as "CITY") and Stanard & Associates, Inc., an Illinois corporation(hereinafter referred to as"PSYCHOLOGIST"). WHEREAS, the CITY desires to engage the PSYCHOLOGIST to furnish certain professional services in connection with PRE-EMPLOYMENT PSYCHOLOGICAL EXAMINATIONS FOR DISPATCHER AND POLICE OFFICER CANDIDATES(hereinafter referred to as the SERVICES). AND WHEREAS, the PSYCHOLOGIST represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE, it is hereby agreed by and between the CITY and the PSYCHOLOGIST that the CITY does hereby retain the PSYCHOLOGIST for 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 all matters involved in the SERVICES,subject to the following terms and conditions and stipulations,to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Human Resources Director of the CITY,herein after referred to as the"DIRECTOR". B. A detailed Scope of Services shall include,but not be limited to, the services described in the "Request for Proposals for Pre-employment Psychological Examinations for Police Officers, RFP No. 06-067" (hereinafter referred to as "R.F.P."), attached hereto and made a part hereto as Attachment"A" and"Proposal to Provide Pre-employment Psychological Examinations for Police Officers"by Stanard&Associates,Inc., (hereinafter referred to as"Proposal")attached hereto and made a part hereto as"Attachment B"at the prices and terms contained therein. II. TERM The term of the agreement shall begin upon execution of the agreement by the CITY and PSYCHOLOGIST. The agreement will continue as described herein until it is terminated by either party as provided in this agreement or by passage of time. The CITY specifically reserves the right to terminate the agreement pursuant to Article VI at any time without cause. III. WORK PRODUCTS All work products prepared by the PSYCHOLOGIST pursuant hereto including, but not limited too, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the PSYCHOLOGIST may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the SERVICES or on any other SERVICES, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the PSYCHOLOGIST. IV. PAYMENTS TO THE PSYCHOLOGIST -1- • A. The CITY shall reimburse the PSYCHOLOGIST for services under this Agreement a per evaluation fee of$375.00 Dollars. B. The CITY shall make payment to the PSYCHOLOGIST within 30 days after receipt and approval of invoice. V. LICENCES AND PERMITS PSYCHOLOGIST shall ensure that it has all necessary licenses and permits required by Federal, State and municipal laws, ordinances, rules and regulations. The PSYCHOLOGIST shall maintain these licenses and permits in effect for the duration of this Agreement. PSYCHOLOGIST will notify immediately of loss or suspension of any such licenses and permits. Failure to maintain a required license or permit may result in immediate termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen(15) days prior written notice to the PSYCHOLOGIST. In the event that this Agreement is so terminated, the PSYCHOLOGIST shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the per examination fee set forth under Paragraph IV above. VIII. NOTICE OF CLAIM If the PSYCHOLOGIST wishes to make a claim for additional compensation as a result of action taken by the CITY, the PSYCHOLOGIST 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 PSYCHOLOGIST's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the PSYCHOLOGIST. Regardless of the decision of the DIRECTOR relative to a claim submitted by the PSYCHOLOGIST, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either 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 as 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 the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent of PSYCHOLOGIST professional liability insurance ($3,000,000) as of the date of this agreement, PSYCHOLOGIST agrees to and shall indemnify and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way directly and proximately caused by the negligent actions or omissions of the PSYCHOLOGIST in connection herewith, including negligence or omissions of employees or agents of the PSYCHOLOGIST arising out of the performance of this Agreement. The provisions of this section shall survive any expiration, completion or termination of this Agreement. -2- In the event CITY invokes the provisions of this indemnification provision,counsel for CITY shall be of CITY'S choosing. To the fullest extent permitted by law, CITY agrees to and shall indemnify and hold harmless the PSYCHOLOGIST,its officers, employees, agents,boards and commissions from and against any and all claims, suits,judgments,costs, damages or other relief in any way directly and proximately caused by the negligent actions or omissions of the CITY in connection herewith, including negligence or omissions of employees or agents of the CITY arising out of the performance of this Agreement. The provisions of this section shall survive any expiration, completion or termination of this Agreement. In the event PSYCHOLOGIST invokes the provisions of this indemnification provision, counsel for PSYCHOLOGIST shall be of PSYCHOLOGIST'S choosing. XI. NO PERSONAL LIABILITY No official, director, 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. XII. INSURANCE A. Comprehensive Liability. The PSYCHOLOGIST shall provide, pay for and maintain in effect,during the term of this Agreement,a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. 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$1,000,000 aggregate. D. Professional Liability. The PSYCHOLOGIST shall carry Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than$1,000,000 per occurrence.A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. The PSYCHOLOGIST shall deliver to the Human Resources Director a Certification of Insurance naming the CITY as additional insured. The policy shall not be 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 PSYCHOLOGIST under Article X 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 prorate,it shall be endorsed to be primary with respect to the CITY. -3- XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, 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 retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension,in whole or in part,of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the PSYCHOLOGIST shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the PSYCHOLOGIST would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture,employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties 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 unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT -4- • This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof,or change order as herein provided. XXI. APPLICABLE LAW 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 of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County,Illinois. XXII. NEWS RELEASES The PSYCHOLOGIST may not issue any news releases without prior approval from the DIRECTOR, nor will the PSYCHOLOGIST make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXV. SEXUAL HARASSMENT As a condition of this contract, the PSYCHOLOGIST 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 Human Rights upon request 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the PSYCHOLOGIST to the DIRECTOR and to other participants which may affect cost or time of completion,shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the PSYCHOLOGIST be made or confirmed in writing. XXVII. 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: -5- A. As to CITY: Gail Cohen Human Resources Director City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 B. As to PSYCHOLOGIST: XXVHI. NON-EXCLUSIVE The CITY reserves the right to contract with other psychologists to perform the Scope of Services as defined in Article I herein. The PSYCHOLOGIST acknowledges this is a non- exclusive contract. The CITY makes no guarantee or warranty of quantity of services or minimum amount of services to be provided to CITY from PSYCHOLOGIST pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By: By: ', • City Clerk City Manager (SEAL) For the PSYCHOLOGIST: Dated this R0 day of uoueIYI ,A.D.,2006 ATTEST: C..30490.A.\ PA 4 OFFICIAL SEAL SUSAN M BUDO -6- ILLINOIS M COMMISSION RC-STATE ES q SSION EXP :0127/09 By: _ By: Secretary Pres sen' (SEAL) -7- OF E- Agenda Item No. City of Elgin December 15, 2006 .� 7-1 1i l TO: Mayor and Members of the City Council `` 4 HOFROM: Olufemi Folarin, City Manager 'J, t Gail Cohen, Human Resources d Purchasing Director SUBJECT: Contract for Psychological Evaluations for Police Officers PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract for psychological evaluations for police officers to Stanard and Associates. RECOMMENDATION It is recommended that the City Council approve award of a contract to Stanard and Associates in the amount of approximately $3,750 per year. BACKGROUND The Human Resources Department released a Request for Proposal on behalf of the Fire and Police Commission for a firm to perform psychological evaluations of police officer candidates. Four responses were received and evaluated by the Commission, Human Resources and the Police Department. After interviewing all four firms, Stanard and Associates was selected based upon their evaluation process, report and recommendation samples, and experience. Stanard and Associates charges $375 per evaluation. GROUPS/INTERESTED PERSONS CONTACTED None. ( NANCIAL IMPACT (0 The contract with Stanard will cost approximately $3,750 annually. There are sufficient funds budgeted ($57,700) and available ($1,024) in account number 010-0601-714.30-05, General Fund, Medical, to pay for these services for the remainder of 2006. Funds will need to be appropriated in future years to continue the agreement. . . r Psychological Evaluations December 15, 2006 Page 2 LEGAL IMPACT \00$1None. ALTERNATIVES 1. The Council may choose to award the agreement as recommended. 2. The Council may choose to award the agreement to another firm. Respectfully submitted for Council consideration. GAC r