HomeMy WebLinkAbout2005-248 Contract - Police Executive Research
CITY OF
ASH LA 1'1 D
PERSONAL SERVICES CONTRACT
Personal Services contract made on the date specified below in Recital A between the City and Consultant as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: Police Executive Research Forum
City Hall Address: 1120 Connecticut Avenue, NW
20 E. Main St. Suite 930 Washington D.C. 20036
Ashland, Oregon 97520
(541) 488-6002 Telephone: 202 466-7820
FAX: (541) 488-5311 FAX: 202466-7826
Date of this agreement: 10/18105 B: Date RFP 1st Advertised: 08109/05
Beginning Date: 11/14105 Proposal opening date: 08125/05
Completion Date: 06/01/05
2.2. Contracting officer: Michael Bianca, Chief of Police
2.3. Project Name: Police Department Study
Project Description: Assessment & Review of Ashland Police Department
6.1 Consultant's representative: Craig Fraser
8.3. Maximum contract amount: $51,035
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for the project
described above. Consultant submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to provide the
services covered by the RFP.
City and Consultant agree as follows:
1. Relationshio between City and Consultant: Consultant accepts the relationship of trust and confidence establi8hed between
Consultant and City by this contract. Consultant covenants with the City to perform services and duties in confonnance to and
consistent with the standards generally recognized as being employed by professionals of consultant's caliber in the locality of
the project. Consultant further covenants to cooperate with City, City's representatives, contractors, and other interested parties
in furthering the interests of City with respect to the project. In order to promote successful completion of the project in an
expeditious and economical manner, Consultant shall provide professional consulting services for City in all pha8es of the project
to which this contract applies, serve as City's professional consulting representative for the project, and give professional
consultation and advice during the term of this contract. Consultant acknowledges that City is relying on consultant to provide
professional consulting services in a manner that is consistent with the interests of City.
2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. .City" means the City of Ashland, Oregon.
2.2. .Contracting officer" means the person specified in Recital A cDove or that person's designee.
2.3. .Project" means the project described in Recital A.
2.4. "Work" or .Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other consulting
services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end no later than the completion
date specified in Recital A above, or on one of the following occurrences: 1) completion of all services required by this contract;
or 2) a date mutually agreed upon by all parties to this contract.
4. Authority of Contractino Officer: The contracting officer shall have the authority to act on behalf of City in the administration
and interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit
instructions, receive information, interpret and define City's policies and make other decisions with respect to Consultanfs
services.
5. Consultino Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative
to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act as City's
representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services.
5.1.5. Cooperate with other consultants retained by City in the exchange of information needod for
completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written authorization from the
contracting officer for work described in the RFP. Consultant shall perform the services as expeditiously as is consistent with
professional skill and care and the orderly progress of the project. Upon request of City, Consultant shall submit for City's
approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for
periods of time required for City's review and approval of Consultant's services. Each schedule, approved by City, shall become
a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally accepted
standards in Consultant's profession. Consultant shall be responsible for the professional quality, technical accu~!:Icy and the
coordination of all services performed by Consultant. Consultant shall, without addtional compensation, correct or revise any
error or deficiencies in the services that are caused by Consultant's negligence. City's review, approval, acceptance of, or
payment for, any of the services shall not be construed to waive any of City's rights under this contract or of any Gause of action
arising out of Consultant's services. In the event of any breach of this contract by Consultant or negligent perforrnance of any of
the services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such breach or
negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not
be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitabon provided by
Oregon law.
6. Assionment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person specified in
Recital A above, who shall act as Consultant's representative in all communications and transactions \'\nth City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of Consultant's
employees to perform services if the requests are consistent with sound business and professional practices.
7. Responsibilities of Citv:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the possession or Gontrol of City
and are required by Consultant for performance of the services.
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7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private property as
required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in the
project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in
performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. No
reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior approval by
the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the Elnd of the
month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall
promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City
and city govemments with respect to the services including, but not limited to, provisions of ORS 279C.505, 279C.515,
279C.520, and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this c:ontract shall be
paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or
exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
9.3. Consultant is a .subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to
commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage required by ORS
Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide City with a certificate of insurance. If
Consultant is a self-insured employer, Consultant shall provide City with a certification from the Oregon Departmont of Insurance
and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964 or more, Consultant is required to comply with chapter 3.12 of the
Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract
and to any subcontractor who performs 50% or more of the service work under this contract Consultant is also rEKluired to post
the attached notice predominantly in areas where it will be seen by all employees.
10. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. To
the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless
Consultant, its consultants, agents and employees against all damages, claims, expenses and losses arising out of any reuse of
plans, specifications and other documents prepared by Consultant without prior written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the servic:es, which are
adequate for evaluating Consultanfs performance. Consultant shall maintain records in such a manner as to provide a dear
distinction between the expenditures and revenues related to the project and the expenditures and revenues related to
Consultant's other business.
11.2. Consultanfs books and records shall be made available for inspection by City at reasonable times, to verify
Consultant's compliance with this contract. City shall have the right to request an audit of Consultanfs books and records by a
certified public accountant retained by City.
12. Indemnification: Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and
all daims, actions, costs, judgments, damages or other expenses resulting from injury to any person (induding injury resulting in
death,) or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to thl3 negligent
performance of this contract by Consultant (including but not limited to, the negligent acts or omissions of Consultant's
employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall
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not be held responsible for any claims, actions, costs, judgments, damages or other expenses, cirectly and proximately caused
by the negligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contrac~ maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual liability for
obligations assumed under this contract, blanket contractual liability, products and completed operations and
owne~s and contracto~s protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made
under the Oregon Tort Claims Act, ORS 30.260-30.270, with minimum coverage of $500,000 per occurrence (combined single
limit for bocily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable,
except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the
commencement of any work under this agreement Each certificate shall state that coverage afforded under the policy cannot be
cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been given to City. A certificate
which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. Each certificate of insurance
shall provide proof of required insurance for the duration of the contract period.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this
contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity.
If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default
shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter
proceeds with reasonable ciligence and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party, without
allowing an opportunity to cure, if the other party repeatedy breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable
or legal rights and remecies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson
County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by giving Consultant
written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may complete such analyses
and records as may be necessary to place its files in order and, where considered necessary to protect its professional
reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned and costs
incurred prior to the termination date. Consultant shall not be entitled to compensation for lost profits.
16. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and
may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A
above.
16.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided for the
Consultant in Recital A above.
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17. Assianment: City and Consultant and the respective successors, administrators, assigns and legal representatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal representatives of
the other party. Consultant shall not assign or subcontract Consultant's rights or obligations under this contract without prior
written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to
anyone other than City and Consultant.
18. Modification: No modification of this contract shall be valid unless in writing and signed by the parties.
19. Trade Secrets and Confidential Information: Consultant shall clearly identify specific material within all documents that is
considered a trade secret or is otherwise confidential. City agrees, to the extent allowed by state and Federal law, not to
disclose to the public any identified trade secrets or confidential material. Consultant waives any and all civil claims arising from
any violation of the Uniform Trade Secrets Act (ORS 646.461) if any material is disclosed to the public if such material is not
clearly and specifically identified by Consultant.
CONSULT~Nf!
BY CJfuck \Au€-/
. Signature
BY Gh uck ~(X c,(?fL
Print Name
CITY OF ASHLAND:
~~~
FINANCE DIRECTO~
II/rft.s-
I
BY
DATE
TITLE
~~f (Jh ~ 0 vrecfJ r
ll()-l~c
\
DATE
DATE
FederallD #
ACCOUNT# //'t? e:'p /'/' t~ ~ 6 t:? ~/~
?J~~~~~
PURCHASE ORDER #
(for City pUrpOSl15 only)
.Completed IRS W-9 and Proof of required insurance form must be submitted with contract
Revised 8-05-05
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PAYMENT SCHEDULE
Month One Tasks
· Initial meetings to discuss project issues and other relevant details.
· Collection of documentary material and other data by the City and Police
Department and transmittal to PERF.
· Review of documents provided by the City and Police Department,
preliminary analysis, and development of an interview list.
· Commence scheduling process for interviews.
· Submit a detailed work plan within 14 days of the contract start datE~. The
plan will include specific tasks, timelines, data requirements, staff
assignments, and other key details.
End of Month One Payment = $7,500
Month Two Tasks
· Completion of analysis of documents - ongoing analysis of statistical data.
. First series of interviews and focus groups.
End of Month Two Payment = $11,000
Month Three Tasks
· Additional material requests - if applicable - arising from information in
the initial interviews.
. Second series of interviews and focus groups.
End of Month Three Payment = $10,500
Month Four Tasks
. Coordination of data from interviews and other examinations.
. Report formulation.
. Completion of statistical analysis.
End of Month Four Payment = $10,000
Month Five Tasks
. Draft of report including recommendations.
. Submission of draft report to the City.
. Discussion with City and other officials on the draft report.
. Final Report completed and submitted.
. Presentation to City Council - if required.
Final Payment after Report is Accepted by the City = $12,035
r~'
CITY R::::ORDER'S COpy
Page 1 / 1
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
DATE
11 /8/2005
E PO NUMBER
06435
VENDOR: 010389
POLICE EXECUTIVE RESEARCH
1120 CONNECTICUT AVENUE NW
SUITE 930
WASHINGTON, DC 20036
FOB Point:
Terms: Net
Req. Del. Date: 11/14/2005
Speciallnst:
SHIP TO: City of Ashland - Police Dept.
1155 E MAIN STREET
ASHLAND, OR 97520
Req. No.:
Dept.: POLICE
Contact: Michael Bianca
Confirming? No
::Unit'
- : '. .", '. ' ,
BLANKET PURCHASE ORDER
Police Department Study
Assessment & Review of Ashland Police
Department, Per attached contract and
payment schedule
'u
. ,"
, ,
Unit'Priee ' '
, ,Ext. P.rice
51,035.00
Exempt - Council 1 0/18/2005
Beqinninq date; 11/14/2005
Completion date: 06/11/2006
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
51 035.00
0.00
0.00
51,035.00
'.\3;\::" 'PrQJ ec:fNYmb~r .... .' f A<:(:QLJ ntN yml:ler J:I(QJE!t:tNLJlTlher ..,AITIP(Jnt
-;}/ ......... "
E 1 1 0 0 6 1 1 05 6 04 1 O( 5 1.0 3 5 0 0
.1M ~ I~/OS
Authorized Signature
VENDOR COPY
CITY OF
AS~HLAND
REQUISITION FORM
THIS REQUEST IS A:
D Change Order(existing PO #
Date of Request: I /1- t17 -osl
Required Date of Delivery/Service: I I
fbuc!.. EK'eeo'TIvE:.. ??E'S?'(}-~ rcvzo,fY)
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
Small Procurement
o Less than $5,000
o Quotes (Not required)
o Sole Source
o Written findings attached
o Invitation to Bic!
(Copies on file)
Intermediate Procurement
o (3) Written Quotes
(Copies attached)
Coooerative Procurement
o State of ORfWA contract
o Other government agency contract
o Copy of contract attached
o Contract #
EmerQencv
Written findings attached
Description of SERVICES
~er attached PROPOSAL
Item # Quantity
Unit
Description of MATERIALS
Unit Prict!
Total Cost
o Per attached QUOTE
Project Number - - -7:} -A" - / - ". "
I~,. w.....-.- tZL,..".....c.~ P--"-~(d'7o$(hd S2yvt..~~
/r~ ~~ II ?J~. 6tf?~ I~ t/
Account Number _ _ _ " _ _ " _ _ " _ _ " _ _ _ _ _ _
* Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately
By signing this requisition form, I certify that the information provided above meets the City of Ashlf1d public contracprig re
and the documentation can be provided upon request. \ , /
Employee Signature: Supervisor/Cept. Head Signature:\ --It--
G: Finance\ProcedureIAP\Forms\8_Requisition form revised
Updated on: 11/7/2005
C I T Y 0 F ASH LAN D. 0 REG 0 N ____. ~ _
:.::::=~='~~:::-.~~~< -- .-
City of Ashland
LIVING
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
~..,
or a
service contract between their
employer and the City of
Ashland if the contract
exceeds $15,964 or more.
~ For all hours worked in a
month if the employee spends
50010 or more of the
employee's time in that month
working on a project or
portion of business of their
~er hour effective Jun1e 30, 2004
(Increases annually every Jurle 30 by the
Consumer Price Index)
employer, if the employer has
ten or more employees, CIld
has received financial
assistance for the project or
business from the City of
Ashland in excess of $15,964.
~ If their employer is the City of
Ashland including the Parks
and Recreation Deparbnent
~ In calculating the living wage,
employers may add the value
of health care, retirement
401 K and IRS eligible
cafeteria plans (including
childcCl"e) benefits to the
amount of wages received by
the employee.
, Note: "Employee" does not
include temporalry or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please SE~e Ashland
Municipal Code Section
3.12.020.
~..~..
CalUle Ashland City Administrator's office at 541~2 or write to the City Administrator,
City HaD, 20 East Main Street. Ashland, OR 97520 or visit 1he city's website at \\ \\ \\ . ashland or liS.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
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CITY OF
ASJHLAND