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HomeMy WebLinkAboutPD Development and Administration of Job-Related ExaminationAGREEMENT FOR PROFESSIONAL SERVICES FOR DEVELOPMENT AND ADMINISTRATION OF JOB-RELATED EXAMINATION This Agreement is made and entered into this Ll day of Sep-ter►%b , 20 Zz, by and between the CITY OF SAN RAFAEL (hereinafter "CITY'), and _KENNETH HARGIS, an individual (hereinafter "CONSULTANT"). RECITALS WHEREAS, CONSULTANT is qualified to and experienced in providing plan review and inspection services for the purposes specified in this Agreement; and WHEREAS, the CITY desires to use the services of CONSULTANT for the purposes provided in this Agreement. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Police Chief is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Kenneth Hargis is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide services as set forth and described in Exhibit A, attached hereto and incorporated herein. Except as set forth in Exhibit A, CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing services pursuant to this Agreement. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4. CITY shall furnish to Consultant only the facilities and equipment listed in Exhibit A according to the terms and conditions set forth in Exhibit A. 4. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT a flat fee of $10,000. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. TERM OF AGREEMENT. The term of this Agreement shall be from the date first written above through October 1, 2022. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of up to 3 months. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the parry giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY Revised 1/29/2020 or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other parry, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONSULTANT shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The Revised 1/29/2020 "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured parry. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONSULTANT under this agreement. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance Revised 1/29/2020 coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Revised 1/29/2020 Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third parry, any benefit or right owed by one parry, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: Police Chief City of San Rafael 1375 Fifth Avenue San Rafael, CA 94901 TO CONSULTANT's Project Director: Kenneth Hargis P.O. Box 21 Cupertino, CA 95015 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of Revised 1/29/2020 the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either parry of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs Revised 1/29/2020 (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. [Signatures are on the following page.] Revised 1/29/2020 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL JI CHUTZ, City Manager ATTEST: • �/l�-!tip LINDSAY LARA, City Clerk APPROVED AS TO FORM: Q'��w C&4 UV V - ROBE F. EPSTEIN, City Attorney Revised 1/29/2020 CONSULTANT By: i Name:— Title: 0 1,J --� -,-X-JJ7�' [If CONSULTANT is a corporation, add signature of second corporate officer] LOU Name: Title: Hargis & Associates P.O. Box 21, Cupertino, CA 95015 kenhargis{i17,sb epl ob al . net 650-400-6993 July 20, 2022 I. SUMMARY OF PROPOSAL Hargis & Associates proposes to develop and administer a job-related examination for the classifications of Corporal and Sergeant in the San Rafael Police Department. KSAs • We will identify job-related KSAs required for successful job performance. These KSAs will be the performance dimensions evaluated in the testing process. We will determine focus areas for the exam and establish KSA weights. General Examination Process R We will place an extreme emphasis on test security. All work will be performed with the help of a small group of subject matter experts (SMEs) from the Department. We will work closely with the Department to design exercises and facilitate test administration. We will adhere to the recommended exam timeline and minimize staff time commitments. Consistency with testing requirements and civil service regulations for the City of San Rafael and San Rafael Police Department will be ensured. With the input of SMEs, we will develop an exam for the Department with unique content that tests for critical skills required of the Corporal and Sergeant positions. Assessment Center • We will develop an assessment center for the Corporal and Sergeant positions with a series of oral and written exercises which measure KSAs required for effective job performance. Here are the four exercises we will develop: a tactical simulation, a role play exercise, a structured oral, and a written exercise. The same exercises will be used for both positions. Candidates will be evaluated from the perspective of Exhibit A being an effective police supervisor. Exercise content and rating guidelines will be unique to the Department. All exercise materials and rating guidelines will be reviewed with SMEs. ■ We will provide written orientation material to candidates before the exam. We can also be available for an oral orientation session delivered through Zoom. We will describe the basic principles of testing and assessment centers, preparation strategies, and the different types of exercises to be expected. ■ We will conduct an in-depth rater training session to guide evaluation of assessment center exercises. Detailed rating guidelines with explicit behavioral anchors will be developed to ensure accurate, reliable evaluations. We will be responsible for recruiting assessors. ■ We will be responsible for administering the assessment center. We will be responsible for all exercise and candidate scheduling. We will be responsible for making all copies of test materials for raters and candidates. • We will score the assessment center. Separate rank -ordered lists of overall candidate performance will be produced for each position along with average candidate scores on exercises. • We will train raters to produce job-related notes during the testing process. We will use these notes to produce written feedback materials for candidates regarding their performance in the assessment center exercises. These feedback materials are invaluable for candidate professional development. ■ We will defend the exam against any challenge. Project Cost ■ Cost for a one -day assessment center: $ 10,000.00 The Department will be responsible for covering costs for rater expenses (including possible lodging expenses), food, test facilities, and computers. ■ The test will be administered on September 29, 2022. Exhibit A II. ADVANTAGES OF OUR PROPOSAL • We have an excellent record with test challenges. We devote extra time during test development to checking the details of test content and rating guidelines. Challenges are markedly reduced, saving a great deal of Department staff time and increasing test acceptance by candidates. We will work with the Department to respond to any test challenges. We have produced a number of challenge -free tests under the most demanding test conditions. • We set the highest standards for test security. Every precaution is taken to maintain the integrity of the testing process. Our procedures for other exams have successfully resolved previous security concerns in several different jurisdictions. • We have experience in creating many public safety tests that selected for the top candidates. Public safety testing is our area of specialization. We have many repeat clients because we produce the highest quality, trouble-free tests. Our exams have been praised for successfully differentiating candidates with the greatest potential for success. These results are directly related to the extra time we spend developing detailed, Department -specific test content and rating standards. • We ensure the most efficient test process and reduce Department staff work. Our work is highly organized, minimizing the time commitments of staff and Department SMEs. Meetings are very structured, test materials are delivered on time, and every effort is made to accommodate work schedules. III. EXPERIENCE A solid record of achievement provides the best picture of what Hargis & Associates can do for your organization. For over 35 years we have conducted promotional examinations with numerous public agencies. Many of these services have been long- term due to the success of our work. We encourage you to contact us or any of our clients if you have more questions about our services. A reference list is available upon request. Exhibit A yp,C� RAP 7 0 C/T Y WITH P CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Police Department Project Manager: D.C. Spiller— Police Chief Extension: 3470 Contractor Name: Ken Hargis (Hargis & Assoc) Contractor's Contact: Ken Hargin Contact's Email: kenhargis@sbcglobal.net ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 7/21/2022 7/21/2022 D.C. b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org Cx] 2 City Attorney a. Review, revise, and comment on draft agreement k h AAW and return to Project Manager b. Confirm insurance requirements, create Job on Click here to n� PINS, send PINS insurance notice to contractor enter a date. tx/ 3 Project Manager Forward three (3) originals of final agreement to 9/13/2022 contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement ❑x N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Click here to pR Date of Council approval enter a date. CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 9/13/2022 D.C. Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed IIIq l z;z agreement 7 City Attorney Review and approve insurance in PINS, and bonds JI j `` (for Public Works Contracts) Agreement executed by Council authorized official Z �ZCIA 8 _ City Manager/ Mayor City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager �� 9 9J 12— 1 LZ