HomeMy Public PortalAbout183-2020 - Police - Testing for Public Safety - Testing and Interview for new HiresPROFESSIONAL CONSULTING SERVICES AGREEMENT
THIS AGREEMENT made and entered into this '/e day of �, 20.)/; , and
referred to as Contract No. 183-2020, 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, Second Floor, Indianapolis, Indiana, 46220-2554
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide consulting and testing services in connection with the
Richmond Police Department and Police Merit Commission oral interview process for the 2020
and 2021 calendar years.
Specifically, Contractor shall provide services for the oral -interview process component which
services shall include, but shall not be limited to, identifying potential structured oral interview
questions, conducting meetings with the rating board to fmalize selection of questions, review
anchors, and train said board, provide TPS monitoring and materials, provide scoring of results
of oral interviews combined with aptitude test results, production of rank order list, and
consulting with the Police Department as to use of test results for selection decisions.
Contractor shall perform all services described on Contractor's proposed Agreement "Exhibit A"
consisting of four (4) pages, which Exhibit was received December 16, 2020, and 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.
Contract No.183-2020
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No performance of services shall commence until the following has been met:
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 a total amount not to exceed One Thousand Four Hundred Dollars and
Zero Cents ($1,400.00) for the first twenty (20) new hire applicants and shall pay Contractor at
the rate of Twenty-five Dollars and Zero Cents (25.00) for each additional applicant requested
over and above said initial twenty (20) applicants. City shall additionally pay Contractor at the
rate of Four Hundred Dollars and Zero Cents ($400.00) per day for additional monitoring
requested due to additional applicants requested.
SECTION IV. TERM OF AGREEMENT
This Agreement shall be effective as of January 1, 2021, and shall continue in effect until
December 31, 2022.
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
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e. unavailability of sufficient funds to make 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.
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.
This Agreement may also be terminated by the City if a force-majeure event occurs and the
results or aftereffects of said event causes the performance of. this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
include events or effects which the parties to this Agreement could not have anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government, the State of Indiana, or local government.
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.
Coverage
Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability
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$100,000
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
E. Comprehensive Umbrella Liability
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each occurrence
$2,000,000 each aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence
$2,000,000 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 subject 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 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
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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 in 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, national 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;
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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 parry may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other parry. Any such
delegation or assignment, without the prior written consent of the other parry, 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 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 executing 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.
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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"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By: 1�61
Vicki Robinson, President
I:
Emily Palmer, Member
By:
Matt Evans, Member
APPROVED: /
" a . S Ma
Date: n i D
Page 7 of 7
"CONTRACTOR"
TESTING FOR PUBLIC SAFETY, LLC,
DBA THE INSTITUTE FOR PUBLIC
SAFETY PERSONNEL
5948 N. College Avenue, 2nd Floor
Indianapolis, Indiana, 46220-2554
By: Ar," 4% CAnu��
Amy WErnerson, Managing Member'
Date: l01 lZ S I 2x 2�
AGREEMENT
THIS AGREEMENT for professional services, dated this 16" of December 2020, by and between Testing
for Public Safety, LLC - doing business as The Institute for Public Safety Personnel (hereinafter "TPS") and the
Richmond Police Department (hereinafter "Public Employer"):
A. Basic Services
1. Effective January 1, 2021, and continuing through December 31, 2022, TPS shall, pursuant to
the terms and conditions set forth herein, provide the Public Employer with the professional consulting services set
forth in Exhibit A 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 imposed 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.
5. 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 Exhibit A. 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
1. 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.
EXHIBIT PAGE _®FL
D. Miscellaneous
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 (30) 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 (30) 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.
6. 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.
EXHIBIT PAGE QJ- OF
Testing for Public Safet
yl LLC
dba IPSP
Richmond Police Department
Applicant Oral Interview Testing
Exhibit A
Process Steps
I. Identify potential structured oral interview questions based on knowledge, skills and abilities
(KSAs) identified in transportability study.
II: Meet with structured oral interview rating board to finalize selection of structured. oral interview
questions, to review associated anchors and to train board on interview procedures.
III. Provide TPS monitor for first day; sufficient materials and supplies to administer.structured oral
interviews to applicants.
IV. Score results of structured oral interview, combine with aptitude test results, and produce rank
order.'list (within 10.working days of administration)..
V. Provide department with phone and written consultation as to use of test results for selection
decisions.
Costs
A. $1,400.00 for first 20 applicants. Cost includes training of interview board and (1). interview
monitor for up to (1) day.
B. $25.00 for each additional applicant over20:
C: $400.00/day for additional monitoring unless a monitor is provided by department.
IN WITNESS WHEREOF, the parties have executed this Agreement.
TESTING FOR -PUBLIC SAFETY, LLC RICHMOND POLICE DEPARTMENT
�HI�IT
By: g :
�HS
Date: p
EJ(HI13IT -A PAGE 3 ®F .
7e,sfing.-for
Public Safety,-LLC........_..
dba IPSP
Richmond
Police Department.
Promotion Process .
Exhibit C
Coverage
Limits
A.. Worker's Compensation&
Statutory
Disability Requirements
B; Employer's Liability
$100,000
.:C. Comprehensive General Liability
Section_1. -. Bodily Injury
$300,000 each occurrence
$300,000 aggregate
Section2. Property Damage
$100,000 each occurrence
D. - Comprehensive Auto Liability
Section 1: Bodily Injury
$300,000 each person
$300,000 each occurrence
Section 2. Property Damage
$100,000 each occurrence
E. Comprehensive Umbrella Liability
$1,000,000 each occurrence
$1,000,000 each aggregate
INWITNESS .WHEREOF, the parties have executed
this Agreement.
TESTING FOR PUBLIC SAFETY, LLC
The City of Richmond, Indiana by and through
its Police Merit Commission
- By:
By: -
Date:
OF
Dat -
EXHIBIT A PAG�F�