HomeMy WebLinkAbout2023-12-18 I01D_06 Police Sgt Testing Services AgreementAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: December 18, 2023
AGENDA ITEM:Consideration of approval of a resolution approving Agreement with
Cayler Consulting, LLC [Police Sergeant Testing Services]
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: As part of the Waukee Police Department strategic
plan, the department plans to transition from 8 ½ hour shifts to 10-hour
shifts in FY25. This transition was voted on by the department and
aligns with other law enforcement agencies across the State of Iowa, and
the United States. The 10-hour shifts allow for some additional coverage
/ overlap of shifts, more time off for officers, and a better work-life
balance for officers.
In conjunction to the move to 10-hour shifts, we will change from three
shifts to six shifts or “crews.” The Waukee Police Department currently
has four Sergeants (first line supervisors) assigned to patrol and we need
to add two additional Sergeants to cover the 10-hour transition. Based
on other cost savings in the FY24 salary line, Chief McCluskey is able to
make these promotions without any amendment to the current budget,
and the FY25 budget request includes these two promotions.
In order to ensure a fair, impartial, and thorough process Chief
McCluskey has solicited Cayler Consulting, LLC to provide services
allowing for an assessment center to be part of the promotional process.
The assessment center will help ensure the best candidates are promoted
and the process will challenge the applicants and identify the most
qualified candidates to promote to Sergeant.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
The total cost for the services provided by Cayler Consulting, LLC. Is anticipated to be
approximately $7,000. This cost encompasses approximately $4,000 for the assessment center
development, administration and Jeff Cayler’s travel/fees; as well as approximately $2,550 for
two additional outside assessors. Sufficient funding for this initiative exists in the current FY24
approved Police Department budget.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve Agreement.
I1D6
ATTACHMENTS: I. Cayler Consulting, LLC Agreement
PREPARED BY:Chad McCluskey, Police Chief
REVIEWED BY:Brad Deets, City Administrator
THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING AGREEMENT WITH CAYLER CONSULTING, LLC
[POLICE SERGEANT TESTING SERVICES]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the Waukee Police Department will transition from 8.5-hour shifts to 10-hour shifts in
FY2025; AND,
WHEREAS, this transition requires the addition of two additional sergeant positions as the current
three-shift schedule increases to six shifts; AND,
WHEREAS, to ensure a fair, impartial, and thorough process, Cayler Consulting, LLC, has
provided an agreement for services for an assessment center to be part of the promotional process;
AND,
WHEREAS, the assessment center will help ensure the best candidates are promoted to the rank of
sergeant and the process will challenge the applicants and identify the most qualified candidates;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the
Agreement with Cayler Consulting, LLC [Police Sergeant Testing Services], is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 18th day of
December, 2023.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
AGREEMENT
THIS AGREEMENT is made and entered into on the ____ day of
______________________, 20_____, by and between Cayler Consulting, LLC (the “Contractor”)
and the Waukee, Iowa Police Department (the “Client”).
WITNESSETH:
WHEREAS, the Personnel or Human Resource Department or other designated staff or
Department of the Client performs the services required by the Client in connection with its
assessment of selected finalists for the positions of police sergeant;
WHEREAS, the Contractor has created an assessment center process which is made
available to cities and counties in Iowa;
WHEREAS, the Client desires to utilize the Contractor as an independent contractor to test
the appropriateness of the candidates for the positions of police sergeant;
WHEREAS, the Contractor has specific experience relative to such testing services and is
willing to provide the client these testing services, all in accordance with the terms and conditions
of this agreement;
NOW, THEREFORE, the Contractor and the Client hereby agree as follows:
1. Agreement and Term
1.1 AGREEMENT. The Client acknowledges that the Contractor from time to time
provides Services to other cities, counties and other governmental bodies throughout the State of
Iowa and that the Client has no expressed or implied ownership of the Services.
1.2 TERM. The term of this agreement will commence on ________________, 2024,
(“Effective Date”) and will end upon completion of the assessment center testing and delivery of
the final reports to the Client, on or before ________________, 2024 (“Ending Date”).
2. Services
2.1 DESCRIPTION OF SERVICES. The Services shall consist of the following:
a. Develop testing instruments comprising the assessment center process for
the rank of police sergeant based on discussions with, and relevant materials
provided by the Client.
b. Administer the assessment center testing process in full, utilizing assessors
recruited by the Client.
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December 23
January 24
January 25
c. Score (assess) the Client’s selected candidates against the established set of
criteria as determined by the Contractor.
d. Provide to the Client an initial briefing of the results of the testing process
immediately following the end of testing.
e. Provide to the Client a final report of the testing process within seven (7)
days of the end of the testing. The final report will include the individual
results of the testing with both numerical scoring and narrative descriptions
of each selected candidate’s response to the testing process.
2.2 PERSONNEL. The Contractor shall recruit two additional police administrators to
serve as assessors for the assessment center process.
3. Client Responsibilities
3.1 CLIENT OBLIGATIONS. In addition to its other obligations hereunder, Client
shall during the term of this Agreement:
a. Cooperate with the Contractor by, among other things, making available, as
reasonably requested by the Contractor, management decisions,
information, approvals, and acceptances in order that the Contractor may
properly accomplish its obligations and responsibilities hereunder.
b. Provide, in the Contractor’s determination, appropriate test site facilities,
equipment and other support materials and services based on discussions
with and assistance of the personnel selected by the Client.
c. Make any hiring/promotion decisions pursuant to its City Code of
Ordinances and the Iowa Code. The Contractor only acts in an advisory
capacity and assumes no responsibility for the actual hiring/promotion
decision.
4. Payments to the Contractor
4.1 ASSESSMENT CENTER FEE. The Client shall pay to the Contractor a base fee
in the amount of two thousand five hundred dollars ($2,500) for the preparation and administration
of the assessment center process. This fee assumes a one-day assessment center with no more than
5 candidates. In the event additional days are required due to a larger number of candidates, these
days will be billed at $750/day. The client shall also reimburse the Contractor all reasonable
expenses for meals, mileage, hotels, office supplies, copies, etc. Mileage will be paid at the current
IRS rate.
4.2 ASSESSOR FEES. The client will pay each of the recruited assessors a stipend of
$400 per assessment day, plus reasonable expenses for meals, mileage, hotels, etc. Mileage will
be paid at the current IRS rate.
4.3 ESTIMATE OF COSTS FOR ASSESSMENT CENTER. Per our previous
discussion and written estimate, the estimated costs of the Contractor’s services are shown below.
This total may vary somewhat depending on hotel room rates, distance traveled, number of trips,
number of days required, etc. Total reimbursable expenses (meals, mileage, hotels, printing &
supplies, etc.) for the assessment center shall not exceed 110% of those listed for the consultant
and assessors below, unless additional days are required.
POLICE SERGEANT
Meals $ 25
Mileage $ 200
Hotel (1 night) $ 125
Printing & supplies $ 100
Assessment Center development & administration $2,500
Cayler Consulting, LLC total estimated cost $2,950
The estimate shown above assumes a one-day assessment center with no more than 5
candidates. If additional days are required due to the number of candidates, these additional
days will be billed at $750 per day, plus expenses. Expenses will include hotel, meals, mileage
and printing costs. The per day expenses are estimated to be the same as those shown above.
ASSESSOR FEES
The Client will pay each assessor a stipend of $400 per assessment day, plus expenses. The
estimated costs for assessors are as follows:
Police Sergeant:
Meals $ 50
Mileage (estimate only) $ 350
Hotel (1 night x 2 assessors) $ 250
Stipends ($400/day x 1 day x 2 assessors) $ 800
Total estimated cost of assessors – sergeant only $1,450
The estimate shown above assumes a one-day assessment center with no more than 5
candidates. If additional days are required due to the number of candidates, these additional
days will be billed at $400 per day, plus expenses, for each assessor. Expenses will include
hotel, meals, and mileage. The per day expenses are estimated to be the same as those shown
above.
4.4 Client may terminate this Agreement at any time. In the case of termination without
cause, Client will pay the Contractor for whatever services have already been provided at the time
of termination, not to exceed the figures above.
4.5 TIME OF PAYMENT. All fees and expenses shall be due and payable by the Client
to the Contractor and the assessors within 30 days of billing.
5. Limitation of Liability
5.1 LIMITATION OF LIABILITY. In the event the Contractor may be held liable to
Client for any matter arising out of, or in any way relating to, this Agreement, whether based on
an action or claim in contract, tort, or otherwise, then the amount of damages recoverable against
the Contractor shall not exceed the amount paid by Client to the Contractor in the prior twelve-
month period for the specific Service which is the subject of the action or claim. The Contractor
shall not be liable for indirect, special, consequential, or punitive damages of any party, including
third parties. Further, no cause of action which accrued more than two (2) years prior to the filing
of a suit alleging such cause of action may be asserted against the Contractor.
5.2 INDEMNITY AGREEMENT. The Client has requested the services of the Contractor in
assisting with the assessment of candidates for the positions of police sergeant with the Waukee
Police Department. The Contractor will provide these services in an advisory capacity only. Any
promotional decisions will ultimately rest with the person designated as the appointing authority
for this position by the Code of Iowa and/or the City Code of the Client.
Cayler Consulting, LLC will conduct this assessment center and assist with other aspects of this
promotional process as agreed herein with the assistance of two other police administrators. These
individuals will also serve in an advisory capacity only.
The Client, which is requesting the services of the Contractor and these police administrators (the
assessors), agrees to hold harmless the Contractor and the assessors, and further agrees to defend
the Contractor and assessors against any claims arising out of their involvement in this
assessment/promotion process, absent gross negligence or willful or criminal misconduct. It is
further agreed that the Client will indemnify the Contractor and assessors, if they should suffer
any loss in connection with the involvement of these police administrators in the hiring process
for this position, absent gross negligence or willful or criminal misconduct
6. Miscellaneous
6.1 BINDING NATURE AND ASSIGNMENT. This Agreement shall be binding on
the parties hereto and their respective successors and assigns, but neither party may, or shall have
the power to, assign this Agreement without the prior written consent of the other, which consent
shall not be unreasonably withheld.
6.2 NOTICES. Wherever under this Agreement one party is required or permitted to
give notice to the other, such notice shall be deemed given when delivered in hand, or when mailed
by U.S. mail, registered or certified, return receipt requested, postage prepaid, and addressed as
follows:
In the case of the Contractor:
Jeff Cayler
Dba Cayler Consulting, LLC
3858 S. 202nd Avenue
Omaha, NE 68130
In the case of Client:
___________________________________
___________________________________
____________________________________
Attention: ___________________________
6.3 HEADINGS. The section headings used herein are for reference and convenience
only and shall not enter into the interpretation hereof.
6.4 RELATIONSHIP OF PARTIES. The Contractor, in furnishing Services to Client
hereunder, is acting only as an independent contractor. The Contractor does not undertake by this
Agreement or otherwise to perform any obligation of Client, whether regulatory or contractual, or
to assume any responsibility for Client business or operations. The Contractor has the sole right
and obligation to supervise, manage, contract, direct, procure, and perform or cause to be
performed all work by the Contractor hereunder, unless otherwise provided herein. In no way are
any of the Contractor’s officers, employees, owners, subcontractors, or agents, employees of the
Client.
6.5 APPROVALS AND SIMILAR ACTIONS. Where agreement, approval,
acceptance, consent, or similar action by either party hereto is required by any provision of the
Agreement, such action shall not be unreasonably delayed or withheld.
6.6 FORCE MAJEURE. Each party hereto shall be excused from performance
hereunder for any period and to the extent that it is prevented from performing Services pursuant
hereto, in whole or in part, as a result of delays caused by the other party or an act of god, war,
civil disturbance, court order, labor dispute, weather conditions, third party nonperformance, or
other cause beyond its reasonable control and which it could not have prevented by reasonable
precautions, including failures or fluctuation in electrical power, heat, light, air conditioning, or
telecommunications equipment, and such nonperformance shall not be a default hereunder or a
ground for termination hereof.
6.7 SEVERABILITY. If any provision of this Agreement is declared or found to be
illegal, unenforceable, or void, then both parties shall be relieved of all obligations arising under
such provision, but only to the extent that such provision is illegal, unenforceable, or void.
6.8 WAIVER. No delay or omission by either party hereto to exercise any right or
power hereunder shall impair such right or power or be construed to be a waiver thereof. A waiver
Waukee Police Department
1300 S.E. L.A. Grant Pkwy
Waukee, Iowa 50263
Chief Chad McCluskey
by either of the parties hereto shall not be construed to be a waiver of any succeeding breach
thereof or of any other covenant herein contained.
6.9 AMENDMENTS. No amendment, change, waiver, or discharge hereof shall be
valid unless in writing and signed by an authorized representative of the party against which such
amendment, change, waiver, or discharge is sought to be enforced.
6.10 ENTIRE AGREEMENT. This Agreement, including and Schedules referred to
herein and attached hereto, each of which is incorporated herein for all purposes, constitutes the
entire agreement between the parties hereto with respect to the subject matter hereof and there are
no representations, understanding, or agreements relative hereto which are not fully expressed
herein.
6.11 GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Iowa.
IN WITNESS WHEREOF, the Contractor and Client each caused this Agreement to be
signed and delivered by its duly authorized officer, all as of the date first set forth above.
CAYLER CONSULTING, LLC
____________________________________
By: Jeff Cayler
Title: _______________________________
Waukee Police Department
___________________________________
By: ________________________________
Title: _______________________________