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Service Solicited - 2025 - Center for Public Safety Management, LLC - Police Level of Service StudyPROFESSIONAL SERVICE AGREEMENT � This PROF SSIONAL SERVICES AGREEMENT (the "Agreement") is entered into this 49 day of �for 025, by and between the City of Eagle, an Idaho municipal corporation nte ("City") and Ceublic Safety Management, LLC, a District of Columbia limited liability company ("Consultant"). The City and Consultant are sometimes collectively referred to herein as the "Parties." RECITALS WHEREAS the City is a first -tier suburb of Boise, Idaho with a rapidly growing population. The City's annual average population increase is nearly 5% and the City has tripled in the population from 11,000 in 2000 to over 38,000 in 2024; WHEREAS in 2020, the City completed a Police Capital Plan and Impact Fee Study. The Study established a level of service ("LOS") for the City based on the 2019 City of Eagle/Ada County Sheriffs Office contract. At that time the LOS was established as 0.71 officers per 1,000 population. WHEREAS the City desires to hire a consultant to prepare a Police LOS Study to assist the City in establishing a Police LOS for the next 7-10 years. The Police LOS Service study will then be utilized to update the Police Capital Plan and to determine if impact fees collected pursuant to Idaho Code are appropriate. WHEREAS Consultant possesses the requisite qualifications, skills and the experience necessary to prepare the Police LOS Study contemplated in this Agreement; WHEREAS the Idaho Legislature during its 2023 legislative session passed an act, codified at Idaho Code § 67-2359, requiring public entities of the State of Idaho to include in certain contracts for services (including any renewals of such contracts) a written certification that the Vendor/Contractor is not currently owned or operated by the government of China and will not for the duration of the contract be owned or operated by the government of China; and NOW THEREFORE, and in consideration of the mutual promises contained herein, the Parties agree to the following: 1. INCORPORATION OF RECITALS. The above Recitals are a material part of this Agreement and are incorporated into the Terms and Conditions of this Agreement by reference as though they were fully set forth herein. 2. SERVICES. The Consultant shall prepare a Police LOS Study and perform services within the timeline identified in the Scope of Work marked as Exhibit A attached hereto and made a part hereof as an integral part of this Agreement. The Police LOS Study will contain Key deliverables including, but not limited to the following: PROFESSIONAL SERVICES AGREEMENT -1 a) Measure and report to the City the current/existing/actual (2024-2025) Level of Service considering staffing, call volumes, and the current Ada County Sheriff's Office ("ACSO") contract. Theis will include evaluation of the current contract as part of the FY 24-25 budget. b) Utilizing current and historical ACSO data, staffing levels, and the CPSM's model — what should the City of Eagle Police LOS in 2024-2025 be? What adjustments are recommended? c) Utilizing the City of Eagle and COMPASS Population projections and current historical calls for service, what is the recommendation for staffing and contracting with the ACSO for the next 5-7 years? d) Utilizing previous contracts and future needs, what should the city anticipate for staffing and service delivery needs in future years? What percentage of the City's budget should be anticipated for the ACSO contract? Do cost saving measures exist? What changes in the contract should be considered if funding is not able to keep pace with demand/growth? What are the ramifications to the community of cost saving measures or modified contracts? e) Providing a geographic/spatial evaluation of the City of Eagle looking at servicing the City of Eagle that is geographically spread across three counties. f) A review of service delivered from the officers assigned to Eagle to unincorporated areas and vice -versa. g) An understanding of other services received by Eagle such as K-9, drone, crisis negotiation teams, crime intervention teams, criminal investigations, critical incident task forces, etc. h) A geographic review of WUI and service demands that may be placed on Eagle. 3. COMPENSATION. The Consultant shall be paid for its services rendered under this Agreement in an amount not to exceed $68,712 (the "Contract Amount"). Payment of the Contract Amount will be made in three installments in the following percentages and events: • $27,484.80 due upon mutual execution of this Agreement by the Parties; • $27,484.80 due with delivery of the draft Data Report • $13,742.40 due upon delivery of draft final Police LOS Study 4. ADDITIONAL EXPENSES. In addition to the Contract Amount, City agrees to pay Consultant an additional amount not to exceed $10,000 for travel for three in -person visits to the city PROFESSIONAL SERVICES AGREEMENT -2 5. COMMENCEMENT AND COMPLETION. Contractor shall complete and deliver to the City a final Police LOS Study no later than June 30, 2025 (the "Completion Date"). 6. INDEPENDENT CONSULTANT. The City and Consultant hereby agree that Consultant shall perform the services contemplated in under this Agreement exclusively as an independent contractor and not as employee or agent of the City. The Parties do not intend to create through this Agreement any partnership, corporation, employer/employee relationship, joint venture or other business entity or relationship other than that of independent contractor. Consultant, its managers, members, directors, officers, shareholders, agents and employees shall not receive nor be entitled to any employment -related benefits from the City including without limitation, workers compensation insurance, unemployment insurance, health insurance, retirement benefits or any benefit that the City offers to its employees. Consultant shall be solely responsible for the payment of all payroll and withholding taxes for amounts paid to Consultant under this Agreement and Consultant's payments for work performed in performance of this Agreement by Consultant managers, members, directors, officers, shareholders, agents and employees; and Consultant hereby releases, holds harmless and agrees to indemnify the City from and against any and all claims or penalties, including without limitation the 100% penalty, which in any manner relate to or arise from any failure to pay such payroll or withholding taxes. 7. OWNERSHIP AND INTELLECTUAL PROPERTY: All materials produced for the City by the Consultant under this Agreement shall become the sole property of the City. Consultant hereby assigns to the City all of Consultant's right, title, and interest, including, but not limited to, copyright and all copyright rights, in all materials created by Consultant in its performance under this Agreement. Consultant further warrants that all materials created by Consultant will not constitute infringement of any copyright, patent or other intellectual property rights of any third party. In the event of termination of this Agreement by either party for any reason, the City shall have the right to receive, and Consultant shall promptly provide to the City, all drawings, documents, graphic images, creative assets, reports, renderings, exhibits, models, prints, photographs, etc., and other materials prepared by the Consultant for the Scope of Work under this Agreement. In the event of termination, and any dispute regarding the amount to be paid under this Agreement notwithstanding, the City retains the right to receive and use any such documents or materials. The foregoing provisions shall survive the term and termination of this Agreement. 8. INDEMNIFICATION. Consultant shall indemnify and hold City harmless with respect to any claim or action made against City that the material created by Consultant infringes on any U.S. patent, copyright or other intellectual property right of a third party. Consultant agrees to give City, and City agrees to give Consultant, as appropriate, prompt written notice of any written threat, warning or notice of any such claim or action against Consultant or City, as appropriate. 9. PAYMENT SUBMISSION. Consultant shall submit an invoice for payment to Eagle City Hall, P.O Box 1520, Eagle, Idaho 83616. The invoice shall provide a detailed statement of the services provided, and hours spent on the task. Payment shall be made within thirty (30) days of receipt invoice. If payment is not received within thirty (30) days of delivery of invoice PROFESSIONAL SERVICES AGREEMENT -3 late fees of $50.00 per day will accrue. Should the 30th day fall on a weekend, the payment shall be due the following Monday. 10. TAXES: The Consultant assumes full and sole responsibility for payment of state and federal income tax, withholdings, social security, and other payroll taxes on any income attributable to the Consultant arising from compensation provided under this Agreement. As such the contractor shall be required to submit a completed W-9 at time of contract execution. 11. CONSULTANT NOT AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation whatsoever. 12. NOTICE. Communication between the Parties regarding day-to-day matters shall occur via e-mail or telephone. For Clarification on or direction regarding day-to-day matters, the point of contact for the City shall be Nichoel Spencer Baird and point of contact for Consultant shall be Thomas Wieczorek. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: CITY OF EAGLE: City of Eagle 660 East Civic Lane Eagle, ID 83616 Telephone: 208-489-8790 Email: nbaird cr citvofea �1g e•or CONSULTANT: Center for Public Safety Management, LLC 475 K Street NW Ste 702 Washington, DC 20001 Telephone: (716) 969-1360 Email: twieczorek(.r)cpsm.us 13. COMPLIANCE WITH LAWS. Each party shall comply with all applicable Federal, State and local laws and regulations. 14. ASSIGNMENT. This Agreement may not be assigned or delegated by either party without prior written consent of the other party. 15. ATTORNEY'S FEES. The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which a court of competent jurisdiction may award. 16. ENTIRE AGREEMENT. This Agreement and Exhibit(s) constitute the entire agreement between the parties, and no representations or promises not set forth herein have been made by either party as an inducement for entering into this Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if in writing and signed by each party. PROFESSIONAL SERVICES AGREEMENT -4 17. GOVERNING LAW AND VENUE. This Agreement will be construed in accordance with the laws of the State of Idaho. All judicial actions involving disputes arising under this Agreement shall be brought in the Fourth Judicial District, State of Idaho. 18. SEVERABILITY. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. HEADINGS. The headings in the Agreement are inserted for convenience and identification only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof. 20. STATUTORY CERTIFICATIONS. In accordance with Idaho Code Section 67- 2359 Consultant hereby certifies that it is not owned or operated by the Government of China, as defined in said code section, and that during the Term of this Agreement it will not be owned or operated by the Government of China 21. EXECUTION AND FAX COPIES AND SIGNATURES. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGLE: Brad Pike, Mayor A EST: ti�•� �� l•e0..9g0��% �,j•! Tracy OArn, City Clerk F c a• a o a -�. e J e t S E A1J n _w CONSULTANT: Center for Public Safety Management, LLC Print: Date: PROFESSIONAL SERVICES AGREEMENT -5 17. GOVERNING LAW AND VENUE. This Agreement will be construed in accordance with the laws of the State of Idaho. All judicial actions involving disputes arising under this Agreement shall be brought in the Fourth Judicial District, State of Idaho. 18. SEVERABILITY. If any part of this Agreement is held to be, invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. HEADINGS. The headings in the Agreement are inserted for convenience and identification only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof. 20. STATUTORY CERTIFICATIONS. In accordance with Idaho Code Section 67- 2359 Consultant hereby certifies that it is not owned or operated by the Government of China, as defined in said code section, and that during the Term of this Agreement it will not be owned or operated by the Government of China 21. EXECUTION AND FAX COPIES AND SIGNATURES. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGLE: Brad Pike, Mayor ATTEST: Tracy Osborn, City Clerk PROFESSIONAL SERVICES AGREEMENT -5 CONSULTANT: Center for Public Safety Management, LLC Print: Thomas J. Wieczorek Date: February 24, 2025 EXHIBIT A (Scope of Work) Milestone 1-- Project Launch We will conduct an interactive telephone conference with local government contacts. Our project leads will launch the project by clarifying and confirming expectations, detailing study parameters, identifying agency point of contacts and commencing information gathering. Milestone 2a — Information Gathering and Data Extraction — 30 Days Immediately following project launch, the operations leads will deliver an information request to the department. This is an extensive request which provides us with a detailed understanding of the department's operations. Our experience is that it typically takes an agency several weeks to accumulate and digitize the information. We will provide instructions concerning uploading materials to our website. When necessary, the lead will hold a telephone conference to discuss items contained in the request. The team lead will review this material prior to an on -site visit. Milestone 2b — Data Extraction and Analysis —14 Days Also, immediately following the project launch the Data Lead will submit a preliminary data request, which will evaluate the quality of the Computer Aided Dispatch (CAD) system data. This will be followed by a comprehensive request for data from the CAD system to conduct the response and workload analysis. This request requires a concerted effort and focused response from your department to ensure the timely production of required for analysis. Delays in this process will likely extend the entire project and impact the delivery of final report. The data team will extract one year's worth of Calls for Service (CFS) from the CAD system. Once the Data Team is confident the data are accurate, they will certify that they have all the data necessary to complete the analysis. Milestone 2c — Data Certification —14 days Milestone 3a — Data Analysis and Delivery of Draft Data Report — 30 days Within thirty days of data certification, the analysis will be completed and a draft, unedited data report will be delivered to the department for review and comment. After the data draft report is delivered, an on -site visit by the operations team will be scheduled. Milestone 3b — Departmental Review of Draft Data Report —14 days The department will have 10 days to review and comment on the draft unedited data analysis. During this time, our Data team will be available to discuss the draft report. The Department must specify all concerns with the draft report at one time. Milestone 3c — Final Data Report —10 days After receipt of the department's comments, the data report will be finalized within 10 days. Milestone 4 — Conduct On -Site Visit — 30 days This milestone begins the second phase of the proposed project by the City. Subject matter experts will perform a site visit within 30 days of the delivery of the draft data report. Milestone 5 — Draft Operations Report — 30 days Within 30 days of the last on -site visit, the operations team will provide a draft operations report to the department point of contact. Again, the department will have 10 days to review and comment. Milestone 6 — Final Report 15 days Once the department's comments and concerns are received by CPSM the combined final report will be delivered to the city within 15 days but no later than PROFESSIONAL SERVICES AGREEMENT -6