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Home My WebLink AboutRES.1636.01-08-2001 BILL N0. ?001 -7 RESOLUTION N0. ��C�_ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CAPE GIR.ARDEAU POLICE DEPARTMENT AND THE POLICE EXECUTIVE RESEARCH FORUM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement between the Cape Girardeau Police Department and the Police Executive Research Forum. A copy of said Agreement is attached to this Resolution and made a part ereof. PASSED AND ADOPTED THIS � DAY OF , 20� 1 . A. M. Spradling, III, a or ATTEST: Gayle L. Conrad, City Clerk t �..:-a �„n`..�i a''� t,y�l fi� �'°� � � ,,.. �� €�� . Letter N 2000-004 . ��.: , .� � �. � � �� CITY HALL OFFICE OF THE � �ITY OF -CA°P� C�It�I�EA,iT � �� APE GIRARDEAOUXMO 63702-0617 . , HUMAN RESOURCES DIRECTOR RISK MANAGER � � � � ��-� ��':,�.�t� '" - (573)334-3090 �-� FAX:(573)335-7946 January l0, 2001 Tony Narr Police Executive Research Forum I 120 Connecticut Avenue, N.W. Suite 930 Washington, D.C. 20036 Re: Management Study Contract Dear Tony, The City Council passed Resolution 1636 authorizing the City Manager to execute this contract. I am enclosing four original contracts, signed by Mr. Miller the City Manager. Please have Mr. Wexler sign fo►' PERF and return three to me. In one of our telephone conversations, [ indicated that as part of the employee interviews/survey, it might be that we would want you to include some of the officers that left for whatever reason, in the past year. You indicated that shouldn't be any problem. With no input from me on this subject, it was very apparent that this was the Councils desire. Yesterday Mr. Miller instructed me to ensure this tenant was included in the information gathering phase. ( suggested and he agreed that we simply provide you a list of those that have left and you pick a random sample to include, based on whatever ratio is considered valid for a representative sample of the group. If this is agreeable, I will provide you with a list of names, last position held and tenure. If you don't think you need all three parts or you would like something else, I will try to meet those needs. Once you have selected the names, either 1 will be happy to try and arrange contact or provide you with how to make contact. Lastly, Mr. Miller is adamant that this process be seen by all as a City conducted study and that no reason for a perception that the Chief or Department is conducting it. His reasons are in support of the Chief, so that no matter what the outcome may be, we can defend the Chief against accusations of manipulating the study. Should the final report indicate changes are needed in the Department that may include the Chief, the perception that he may have manipulated the study is obviously less important. The Chief is aware of and agrees with this strategy. To that end, I will be your primary contact and interface with at least the beginning of the study. Hopefully 1 may also be a resource during yow' on site work. "HOME OF MISSOURI STATE FLAG" We are beginning to collect the material indicated at d�e top of page 9 of the proposai (as indicated below). If there is anyd�ing, additional you require to be ready on your arrival, let me know as soon as possible. I. Annual reports for the police department, last three years. 2. UCR reports, if not included in the annual reports. 3. Police department budgets, last three years. 4. Policy/procedures manuals for the police department. 5. Work schedules. 6. Job descriptions for personnel (sworn and civilian). 7. Agreements with any employee organizations. 8. Blank forms (screens) used for reporting police department activity. 9. Contracts, memoranda of understanding, mutual aid programs, etc., made between the police department and other justice and law enforcement agencies impacting the provision of services to the residents of the City. 10. Missow�i laws and mandates controlling records and information. 1 I. Prior studies of the police department. 12. Past three years workload data and analysis. f am looking forward to meeting and working with you and your tea►n. incerely, ' ��'�/.-�� Daniel G. Ward Human Resources Director Risk Manager ENCLOSU RES Cc Richard Hetzel, Chief of Police Eric Cunningham, City Attorney �� AGREEMENT BETWEEN THE CAPE GIRARDEAU POLICE DEPARTMENT AND THE POLICE EXECUTIVE RESEARCH FORUM RECITALS 1. The Police Executive Research Fonim (referred to hereinafter as "PERF") of Washington, D.C., is engaged in providing research, studies, audits, technical assistance, training, executive search and other professional support and consulting services to police and sheriff's depart►nents, other law enforcement agencies at all levels of government, and police related organizations in the United States and Canada. The City of Cape Girardeau Police Department provides full-service law enforcement services to the citizens of Cape Girardeau, Missouri. 2. PERF (referred to hereinafter as "Contractor") is engaged in police and public safety consulting and training. 3. The City of Cape Girardeau, in the interest of providing high quality services, desires to utilize PERF. 4. In consideration of the mutual promises set forth herein, it is agreed by and between the City of Cape Girardeau and PERF as follows: SECTION ONE SERVICES TO BE PERFORMED PERF will conduct a thorough management audit of the Cape Girardeau Police Department as detailed in PERF's proposal, dated December 15, 2000 in response to the City's Request For Proposals HR RFP00-02. The contractor will complete the project work and submit draft and final reports, as de�ned in the proposal. The approximate total time to complete this work is twelve weeks from the start of the project. The City of Cape Girardeau and PERF will mutually agree upon the start date of the project. SECTION TWO INDEPENDENT CONTRACTOR The parties to this contract agree that the relation created by this contract is that of the City of Cape Girardeau - and - an independent contractor (PERF). No federal, state, or local income tax nor any payroll tax of any kind shall be withheld or paid by the City of Cape Girardeau on behalf of the contractor. The contractor shall not be treated as an employee with respect to the services perfonned hereunder for federal or state tax purposes. The contractor is not eligible for, and shall not participate in any employer pension, health, or other fringe benefit plan of the City of Cape Girardeau. The City will not obtain workers' compensation insurance for the contractor PERF A(TREEMENT 1 , r and the contractor agrees to comply with applicable workers' compensation laws. The contractor shall adhere to all laws and ethical standards applicable and shall perforni in a manner consistent with generally accepted standards. 5ECTION THREE TERMS OF PAYMENT As compensation for perfonnance hereunder, the City of Cape Girardeau shall pay PERF a �xeci fee of (Forty Three Thousand Five Hundred Sixty Nine Dollars and 23 cents ($43,569.23)�. All project travel and per diem expenses for the PERF study team members, as well as the cost of photocopying, telephone, postage/courier, supplies and materials required to complete project work will be paid by PERF. The City of Cape Girardeau agrees to pay 25 percent ($10,892) prior to the project start date, 25 percent ($10,892) four weeks after the start date, 25 percent ($10,892) eight weeks after the start date, and the final 25 percent ($10,893.23) upon submission and acceptance of the final project report. SECTION FOUR INDEMNIFICATION The contractor shall indemnify, defend and hold hannless the City of Cape Girardeau and its Police Department, its officers, employees and agents, from any and all loss, cost, damage or expense which its officers, employees and agents may incur by reason of any claims or liabilities asserted against it which arise out of negligence or other legal wrongdoing on the part of the contractor, its officers, employees and agents which are in any way connecteti with activities under perfonnance of this contract. The City of Cape Girardeau agrees to give the contractor immediate notice of any claim, action or suit which is in any way connected with activities under this contract and applicable within this indemnification. SECTION FIVE LIMITATION ON DELEGATION OF SERVICES The contractor agrees not to delegate any duties under this contract without the City or Police Department's express consent. SECTION SIX CONTROL OF WORK PERF, as an independent contractor, retains the right to generally control or direct the manner or means by which the work assigned and describecl herein is to be perfonned. Any changes to the scope of work will be mutually agreeable. PERF AGREEMENT 2 J Y' SECTION SEVEN CONFLICTS The contractor and its staff hereby warrant that they are under no obligation, agreement, written or verbal, nor have they previously worked or been otherwise in any position which will cause any conflict of interest to arise in connection with the services to be provided to the City of Cape Girardeau or the Cape Girardeau Police Department. This obligation to notify the City Cape Girardeau of any potential conflict of interest pertains to both the basic contractual relationship and specific tasks to be perfonned under this contract. � SECTION EIGHT COPYRIGHTS AND DATA Except as otherwise required by Missouri law, the parties agree that PERF holds the copyright to any work produced under this agreement. As such PERF inay use, disclose with the written consent of the City of Cape Girardeau, reproduce, deliver, dispose of, and authorize others to do so in any lawful manner, all such work produced by PERF. SECTION NINE NO AUTHORITY TO BIND PERF PERF, as an independent contractor, has no authority to enter into contracts or agreements on behalf of the City of Cape Girardeau or its Police Department. 5ECTION TEN ANTI-ASSIGNMENT Neither the City of Cape Girardeau nor PERF shall assign any interest in this contract without the written consent of the other party. 5ECTION ELEVEN NON-WAIVER FOR MATERIAL BREACH The failure of either party to exercise any of its rights under this agreement for a material breach thereof shall not be deeuied to be a waiver of such rights or a waiver of any such subsequent breach. SECTION TWELVE TERMINATION Should the contractor fail to comply with any of the tenns or conditions set forth in this contract or should the City of Cape Girardeau detennine in good faith that the contractor is in any way unfit, unqualified, or unable to perfonn all of the services outlined in this contract, then in that event this contract may be canceled. Neither party shall be responsible, so long as they act PERF AGREEMENT 3 r reasonably and in good faith, for any failure of perforn�ance due to Acts of God, labor disputes, governmental authority or other circumstances clearly beyond the control of the other party. SECTION TIiIRTEEN SEVERABILITY If any part of this agreement shall be held unenforceable, the rest of this agreement will nevertheless remain in full force and effect. SECTION FOURTEEN WRITTEN NOTICE Communication regarding this agreement may be sent to PERF at 1120 Connecticut Avenue, N.W., Suite #930, Washington, DC 20036 or the City of Cape Girardeau, 401 Independence, Cape Girardeau, MO 63702. SECTION FIFTEEN GOVERNING LAW The 1 o the State of Missouri shall govern this agreement. �� f City ro�' Cape Girardeau : Police Executive Research Forum: �' _ . i � � . � : � i �� r� , - �. ��✓ /i � Michael G. Miller, City Manager Chuc Wexler, Executive Director Date l— =d ! Date�_�1� PERF AGREEMENT 4