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Contractual Transparency... Evansville-Style John J THE CITY-COUNTY OBSERVER A Non-Partisan Publication Dedicated To The Reporting Of Your Local Government At Work Serving Posey, Vanderburgh & Warrick Counties & Their Communities NOVEMBER 11, 2009 VOLUME II, ISSUE 28 Contractual transparency... Evansville-style John J. Kish and Associates Inc. Contract By Jamie Grabert, Publisher Section 2 of Resolution 09-ERC-03 authorizes Redevel- As part of our continuing series on the contracts for the opment Commission President Bob Goldman to authorize new multi-purpose arena in Downtown Evansville, this and execute the contract with John J. Kish and Associates week the City-County Observer is focusing on the project Inc. to act as the Project Director. manager’s contract. The resolution passed with a unanimous 4-0 vote. The City, through the Redevelopment Commission, Since that resolution, Kish has been authorized, through approved a professional services agreement with John J. various resolutions to enter into change orders and such. In Kish and Associates Inc. on January 21, 2009. This was one instance, Kish was given this power through Resolu- accomplished through tion 09-ERC-47, which is the passage of Resolution for the relocation of Vec- 09-ERC-03. Again, there tren’s gas lines at the site were no specific terms dis- of the new arena. cussed in the resolution, Under the terms of and no dollar amounts Kish’s contract, in the were given. Statement of Work, the The resolution states, contract states, “The Proj- “On August 19, 2008 the ect Director shall report to Evansville Redevelopment Commission (“Commission”) and act under the direction of the Executive Director of adopted Resolution 08-ERC-48 Authorizing the Appoint- the Department of Metropolitan Development or his desig- ment of a Consulting Team to Evaluate the Issues Identified nee…Project Director shall confer and cooperate with the in the Multi-Purpose Arena Venue Feasibility Study; and Commission, representatives of the City, the Consultants Whereas, the City of Evansville, by and thorough its Re- and other firms or contractors that may be retained by the development Commission, intends to undertake the devel- Commission or City in order to undertake and complete the opment, design and construction of a new multi-purpose Project.” arena in Evansville, Indiana (“Project”)…” In the Consideration portion of the contract the Com- The resolution goes on to state that the appointed board mission agreed to pay an hourly rate for Kish’s services. sought Kish’s services “to assist it in undertaking and suc- The contract states at the top of page 2, “It is, however, cessfully completing the Project, and expressly agreed that the total hours to be paid by the Com- Whereas, the Project Director possesses independent mission for services rendered by the Project Director in qualifications and abilities to perform such services. “ any consecutive twelve (12) month period during the term The Resolution then notes, under Section 1, “The project of this Agreement, shall not exceed 1500 hours unless the program, project budget and project schedule, which were Commission agrees, in writing, to increase the number of developed during the feasibility study for the Project, are hours.” hereby approved.” continued on page 2 THE CITY-COUNTY OBSERVER COVER STORY John J. Kish And Asso. Inc ... from page 1 The rate is spelled out in Exhibit B, which states, “John J. veloped by the Project Director in the course of performance Kish $195.00 per Hour –this rate shall be subject to adjust- of this Agreement may contain confidential financial informa- ment on an annual basis, subject to the written approval of the tion, trade secrets or advisory or deliberative materials, in- Commission.” cluding expressions of opinion or information of a speculative Paragraph two states, “…the Commission shall also pay the nature, which is communicated as between the parties for the actual costs incurred by the Project Director (without mark- purpose of the Owner’s decision making with respect to the up for overhead or profit) for reimbursable expenses…It is, Project. These materials shall, therefore, be treated and main- however, agreed that the reimbursable expenses to be paid by tained as CONFIDENTIAL information to the extent consis- the Commission for any calendar month will not exceed Five tent with Indiana’s Public Access Records Act. The Project Hundred Dollars ($500.00), unless the Commission agrees, in Director shall communicate such information only to the rep- writing, to increase that amount for a particular month.” resentatives of the Owner and Consultants who are involved The contract then moves to the terms of the agreement. Ac- with the Project.” cording to the contract, the contract was to begin on January Section XXIV Office is included in the contract. It states, 21, 2009 and extend until September 30, 2011. If the project is “The Owner [City] shall provide the Project Director with ac- not completed, then Kish’s contract automatically renews on a cess to and use of office space during the term of this Agree- month-to-month basis. ment, in proximity to the Project or to the Commission staff, Under item VI. Confidentiality of City Information, terms together with telephone, computer, email service and such are spelled out again. “The Project Director agrees and under- other office and business equipment necessary to fulfill the stands that data, materials and information disclosed to or de- Project Director’s duties and responsibilities.” Page 2 November 11, 2009 THE CITY-COUNTY OBSERVER FIRST ON THE SCENE - #10 & #14 Photos courtesy Ron McMullen Dr. Thomas K. Hupfer Foot and Ankle Specialists www.evansvillefoot.com Infant (812) 475-8900 thru 2809 Lincoln Avenue Suite 130 Adult Evansville, IN 47714 November 11, 2009 Page 3 THE CITY-COUNTY OBSERVER NEWS Presentation of the Local 357’s Assessment of Fire Station Closures Publisher’s Note: The following information was presented to HOW DOES the Evansville City Council by the Evansville Firefighters Local THIS AFFECT 357. This was originally created as a PowerPoint presentation but I N S U R A N C E has been re-typed for space allocation. RATES? •In speak- PURPOSE OF ISO ing with Kenan •“ISO believes your primary objective should be to IMPROVE Schultheis of SERVICE and ENHANCE PUBLIC SAFETY…reductions in insur- Schultheis Insur- ance premiums for property owners should be only a collateral benefit.” ance and Don •Reducing taxpayer service in any area is NOT IMPROVING SER- Inman of Inman VICE. Insurance the fol- lowing informa- WHAT IS AN ISO RATING? tion was obtained. •Fire Suppression Rating Schedule (FSRS) recognizes fire protec- o D r o p - tion features only as they relate to suppression of fires in structures. ping from 3 to •This is only a small part of the fire department’s overall responsi- even a 5 ISO rat- bility. ing will make no difference in insurance premiums on residential and commercial property. WHAT IS OUR RATING? .The proposed station closures will have no effect •The EFD needs to make up 3.01 points to regain a Class 3 PPC. on insurance rates to attract businesses or taxpayers into this city. FIRE SUPPRESSION RATING SCHEDULE •According to the ISO, the rating schedule is a fire insur- ance tool. A Special Thanks •It is NOT INTENDED to analyze all aspects of a com- prehensive public fire protection program. •It SHOULD NOT be used for purposes other than insur- We the people would like to thank ance rating. Evansville City Council Members FIRE DEPARTMENT SERVICE TO THE TAXPAYERS Wendy Bredhold, Dr. Dan Adams, Dan •The fire department’s responsibilities include much more than fire related incidents. McGinn, Connie •We respond to oMedical Emergencies Robinson and Don oAuto Accidents oCarbon Monoxide Checks Walker for their sup- oLockouts port in keeping Fire oAnd much more Department Hose FIRE DEPARTMENT’S NEW RESPONSIBILITIES •Due to the renegotiation of AMR’s contact, as of October Houses 10 and 14 open 1, 2009, the Evansville Fire Department responds to 1400+ more medic runs a year. for the people! •The daily run totals stated in the earlier presentation are underestimated. This ad paid for by Proud American Pat Pittman •These medical responses are not reflected in ISO ratings or the Chief’s letter in the newspaper. HOW DO WE MAKE UP 3.01 POINTS? Page 4 November 11, 2009 THE CITY-COUNTY OBSERVER NEWS Assessment of Fire Station Closures THE CHIEF’S PLAN EFFECTS OF PROPOSED REASSIGNMENTS •Eight areas were indentified by EFD Administrative staff as areas •Stations 10 and 14’s area will be responded to by existing stations for improvements. with a much increased response time oCredit for Dispatch Circuit (1.73 points) •The proposed reassignments will cause increased wear n apparatus .A second dispatch circuit will be added for our fire and increased fuel costs due to longer responses. stations and apparatus. • Hoosier Safe-T radios will be installed in all fire stations and RESPONSE TO ANNEXATION?? trucks. •We would like to remind the Council that the last major annexa- .This will make up 1.73 points of the 3.01 needed. tions were in 1987 and 1988. oCredit for Ladder Service oThe response to these annexations was to add two fire sta- oCredit for Reserve Ladders and Service tions, apparatus and 19 new firefighters. Trucks •Do we also plan on moving some of the existing street lights and oCredit for Engine Companies sewers for the newly annexed area? oCredit for Reserve Engines oIt is not right to take services from the existing area to pro- oCredit for Distribution vide for the annexed area. oCredit for Training •The Mayor has stated to the media that these proposed moves are oEquipment Deficiencies being made to serve the newly annexed area.
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