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Home My Public Portal About181-2019 - Testing for Public Safety, L...titute for Public Safety PersonnelPROFESSIONAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT made and entered into this day of - �� 20?_, and referred - to as Contract No. 181-2019, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Testing for Public Safety, LLC DBA The Institute for Public Safety Personnel, 5948 N. College Avenue, 2nd Floor, Indianapolis, Indiana, 46220-2554 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORD. City hereby retains Contractor to provide consulting and testing services in connection with the 2020 firefighter application, and hiring process. Contractor shall perform all services described on Contractor's proposed Agreement "Exhibit A" consisting of four (4) pages, which Exhibit is attached hereto and made a part hereof. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. Contractor shall perform all work herein in a timely manner, conforming to -all applicable professional standards. - The Contractor shall furnish all. labor, material, equipment, and services necessary for the proper completion of all work specified. - No performance of services shall commence until the following has been met: r 1. The City is in receipt of any required certificates of insurance; - 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor at the costs and rates quoted as set forth in the attached Exhibit A for the complete and satisfactory performance of all work described on "Exhibit A". Contract No.181-2019 Page .1 of 6 SECTION Iv. TERM OF AGREEMENT This Agreement shall be effective when signed by all parties and shall continue in effect until December 31, 2020, with the City retaining two (2) options to renew this Agreement with the same terms and conditions for the 2021 and 2022 calendar years. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at, any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to mare payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. r This Agreement may also be terminated, in whole or .in part, by mutual Agreement of the parties by setting forth the reasons for such termination,. the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain` insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this .Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any . sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Paget of l Cove ra Limits A. worker's Compensation & Statutory Disability Requirements B. Employer's Liability $1009000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person • $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000.,000 each aggregate F. Malpractice/Errors & omissions Insurance $1,000;000 each occurrence $1)000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22--3--2-5, 22-3-5--1 and 22--3--5--2. If Contractor is an out of state employer and therefore sub j ect to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22--5--1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E--Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC Page 3 of 6 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16:5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90). days within which to respond to the written notice.. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during. the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor -in the manner set forth iri IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22--9--1-10, Contractor, any sub --contractor, or any person acting on behalf of Contractor or any sub --contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex.- disability, nationnal origin, or ancestry. B. Pursuant to Indiana Code 5--16--6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub --contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; Page 4 of 6 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms -or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its g ri hts or obligations hereunder without the prior written . consent of the other party. Any such delegation or assignment,. without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement p between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in .several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall. be required prior to the commencement of legal proceedings in said Courts. By g executin this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. . Page 5 of 6 In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the - provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" "CONTRACTOR" TFIE CITY OF RICHMOND, TESTING FOR PUBLIC SAFETY, _LLC, INDIANA by and through its DBA THE INSTITUTE FOR PUBLIC Board of Public Works and Safety SAFETY PERSONNEL 5948'N. College Avenue, 2nd Floor Indianapolis, Indiana, 46220-2554 B Y• Vicki Robinson, President By: mily lmer, Member Matt Evans, Member By: Printed: Aco v,� Title: Cl.(10 -(1 D �( APPROVED: Date: i M. ayor Date: � Page 6 of 6 AGRF.F.MF.NT THIS AGREEMENT for professional services, dated this 12' of November 2019, by and between the Testing for Public Safety, LLC doing business as The Institute for Public Safety Personnel (hereinafter "TPS") and the Richmond .dare Department (hereinafter "Public Employer"): A. Basic Services 1. Effective January 1, 2020, and continuing through December 31, 2020, TPS, shall, pursuant to the terms and conditions set forth herein, provide the Merit Commission with the professional consulting services set forth in Exhibits A and B attached hereto and made a part hereof. B. Operation 1. The relationship between TPS and the Public Employer shall be that of an independent contractor providing professional services. 2. TPS shall furnish, or make contact with other individuals or entities to furnish such professional, technical, or clerical services as are needed for the administration of the TPS programs. TPS shall provide for all salaries and the employer's share of social security, worker's compensation, and all other taxes unposed on an employer with reference to any personnel employed by TPS in relation to the performance of the terms of this Agreement. 3. All test materials developed and administered by TPS are the property of TPS. This Agreement provides for a one-time usage of test materials specifically developed for the purpose of executing this Agreement. Public Employer agrees to respect the copyright of all TPS materials and agrees not to duplicate said materials without the expressed written consent of the Director of TPS. 4. All records kept by TPS concerning the designated programs herein shall be the property of TPS provided that the Public Employer shall have the right to access and review the information contained in such records. S. In the event an applicant or incumbent requires a reasonable accommodation in the administration of any test by TPS, the Public Employer agrees to pay a reasonable additional fee therefore. 6. The total cost to the Public Employer for services of TPS as provided for in this Agreement shall be in the amount set forth in Exhibits A and B. Such amount shall be remitted to TPS within thirty (30) days after completion of the agreed services. The services rendered by TPS under this Agreement shall be considered as "professional services." Upon request, TPS shall provide a fully itemized statement concerning the services rendered under this Agreement. C. Additional Services I. The Public Employer may, from time to time, require changes in the scope of the services of TPS to be performed under this Agreement. Such changes, including any increases or decreases in the amount of compensation to TPS which are mutually agreed upon by the parties hereto, and approved by all other necessary and proper authorities, shall be incorporated in written amendments to this Agreement. 2. TPS further agrees that its personnel will appear, if necessary, to testify on behalf of the Public Employer with regard to any legal challenge involving TPS programs, and that TPS personnel shall make such appearance without compensation other than out-of-pocket expenses. D. Miseelianeous 1. If TPS fails to fulfill in a timely and proper manner the obligations pursuant to this Agreement, the Public Employer shall thereupon have the right to terminate this Agreement by giving written notice to TPS at least thirty (3 0) days prior to the effective date of such termination. In the event of termination, neither party hereto shall be relieved of liability to the other for damages sustained by virtue of any breach of this Agreement, and the Public Employer may withhold payment to TPS for the purpose of setoff until such time as the exact amount of damages due the Public Employer can be determined. 2. If the Public Employer shall fail to fulfill in a timely and proper manner the obligations pursuant to this Agreement, TPS shall thereupon have the right to terminate this Agreement. Said notice shall be given to the Public Employer at least thirty (3 0) days prior to the effective date of such termination. In the event of termination, neither party hereto shall be relieved of liability to the other for damages sustained by virtue of any breach of this Agreement. 3. TPS shall indemnify and hold harmless the Public Employer from any and all loss, damage, injury or liability caused by the negligence of TPS or its employees or agents in performing its obligations provided in this Agreement. 4. TPS shall not be held liable and the .Public Employer shall hold TPS harmless from any and all loss, damage, injury or liability caused by the negligence of the Public Employer or its employees or agents in disregarding or ignoring any professional opinion, diagnosis or recommendation of TPS or its employees or agents while TPS is performing its obligations provided in this Agreement. 5. TPS certifies and warrants that it has the capacity to perform the services as required by the Public Employer with high professional quality, ability and expertise and further certifies and warrants that it has the capacity and authority to enter into this Agreement. 5. TPS and its employees, agents and representatives, in the performance of this Agreement, agree not to discriminate against any employee or applicant for employment with respect to his or her tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, sex, religion, national origin, ancestry, disability, or military veteran status. 7. This Agreement shall be binding upon and shall inure to the benefit of TPS, its partners, successors, assigns, legal and personal, representatives, and administrators. 8. At the expiration of the initial term hereof, or upon earlier termination of this Agreement pursuant to Section D, 1, the parties shall review the compensation paid by Public Employer and the services rendered by TPS through the date of such termination to determine whether Public Employer is entitled to any reimbursement or whether TPS is entitled to additional compensation, and any necessary adjustments shall be made. 9. Nothing herein shall be construed as creating any personal liability on the part of any officer, director, agent, or employee of any public body which may be a party hereto. 10. This Agreement represents the entire understanding between and among the parties hereto. This Agreement may not be changed, altered, or amended; modification of this Agreement must be in writing, executed by the parties hereto, refer to this Agreement by date, and must be executed on a form entitled "Supplemental Agreement" approved by all parties hereto. ��...�-w...�..,,,�r.-.-..ti...--.y..... - ��=_...ex_.tieLu...:�e.-yrn.r...:v.aw-� •x Process Steps Costs Testing for Public Safety, PLC dba IPSP Richmond Fire Department Applicant written Aptitude Testing Exhibit A I. Administer, via mail, and tabulate results from a transportability study to Validate the exam/maintain data for department's future use. 11. Provide (1) staff monitor, materials, and supplies to administer aptitude test to up to (100) applicants at a site provided by the department. Ill. Score results of aptitude test and produce rank order list (within ten working days of test administration). IV. Provide department/commission with consultation as to use of test results for selection decisions. A. $1,500.00 for first 30 applicants (includes all process steps listed above) B. $25.00 for each additional applicant, if more than 30 in the group C. Price includes (1) TPS, LLC test monitor for up to 100 applicants. Additional TPS, LLC, monitors is $350.00/monitor for groups exceeding 100 applicants, or department has option to provide additional test monitors. D. Department provides test site for written aptitude exam. IN WITNESS WHEREOF, the parties have executed this Agreement. TESTING FOR PUBLIC SAFETY, LLC RICHMOND FIRE DEPARTMENT By:�'� FRy.� S Y � Y � {. �. C ��•x19 �SiY �tilfYaf.A. ...i..« ' 4x * Gt.+r1►+�%1S.f'J.T^Y rat ..r 1 yv;Yrira6r��' 1 Date. Date. L,..ti i• 4 L "� � L... � L V V E- � y 9S�.L e• Y Process Steps Costs Testing for Public Safety, PLC dba IPSP Richmond Fire Department Applicant Written Aptitude Testing: Make-up or Small Group Test Administration (1-10 applicants) Exhibit B I. Administer, via mail, and tabulate results from a transportability study/maintain data: for department's future use. 11. Provide (1) staff monitor, materials, and supplies to administer aptitude test to up to (10) applicants at TPS, LLC during a weekday. III. Score results of aptitude test and produce rank order list (within one week of test administration). IV. Provide department with phone and written consultation as to use of test results for selection decisions. A. $175.00 site fee per day B. $50.00 per applicant (no more than 10 applicants may be scheduled per day) C. Test administered at the offices of TPS, LLC during a weekday. IN WITNESS WHEREOF, the parties have executed this Agreement. TESTING FOR PUBLIC SAFETY, LLC A By: /�.9�a�i� U b Date: i2j q 12Z l.q RICHMOND FIRE DEPARTMENT Date: f