HomeMy Public PortalAbout032-2023 - Testing for Public Safety, LLC - application and hiring process for 2023 PROFESSIONAL CONSULTING SERVICES AGREEMENT
THIS AGREEMENT made and entered into this day of 2023, and
referred to as Contract No. 32-2023, 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, tIC DBA The institute for Public
Safety Personnel, 5948 N. College Avenue, 2'1 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
2023 firefighter application and hiring process. Contractor shall perfoun all services described
on Contractor's proposed Agreement "Exhibit A" consisting of tbur (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 flimish 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:
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 IL 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.
Contract No. 32-2023
Page 1 of 7
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".
SECTION IV. TERM OF AGREEMENT
This Agreement shall be effective when signed by all parties and shall continue in effect until
December 31., 2023, with the City retaining two (2) options to renew this Agreement with the
same terms and conditions for the 2024 and 2025 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 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
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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 $100,000
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
Page 3 of 7
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
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 5-2.2-1.6.5. 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.
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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:
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;
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.
Page 5 of 7
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights 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 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.
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.
[Signature Page to Follow.]
Page 6 of 7
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"
THE 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, 2" Floor
Indianapolis, IN 46220-2554
By: , - ii - --)/"' 7 zu,
By:
- Vicki Robinson, President
-._ ..---
, .
_
Printed:
- Emily P lmer, ember
Title: ' )er
Matt Evans, Member ,__
Date: , --,.2--1 3 Date: _.?-)
('-----------'
--
APPROVED:
I:- -
Date:
Page 7 of 7
. ^ . .
AGREEMENT
THIS AGREEMENT for professional services, dated this 2711, of January 2023, by and between
the Testing for Public Safety, LLC doing business as The Institute for Public Safety Personnel
(hereinafter"TPS") and the Richmond Fire Department(hereinafter"Public Employer"):
A. Basic Services
1 Effective January 1, 2023, and continuing through December 31, 2023, 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 relFtionship 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 byTPS are the property ofTPS. This
Agreement provides for a one-time usage of test materials specifically developed for the purpose of
executing this Agreement. Public Employer agrees torespect the copyright of all TPS materials and
agrees rot to duplicate said materials without the expressed written consent nf the Director ofTP3.
4. All reco-cis 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.
G. The total cost to the Public Employer for services ofTPS as provided for in this
Agreement shall be in the amount set forth in Exhibits A and B. Such amount shall he remitted toTPS
within thirty (3O) days after completion of the agreed services. The services rendered hyTPS under this
Agreement shall be considered an "professional oarviueu." Upon request, TPS shall provide afully
itemized statement concerning the services rendered under this Agreement.
C. Additional Services
1. The Puolic Employer may, from time to time, require changes in the scope of the services
ofTPStobe 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 tothis
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.
EXI-flBl'i OF
. ` ... . .
D. Miscellaneous
1 |fTPS fails to fulfill ina 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. |n 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 toTPS for the
purpose of setoff until SLCh 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|iabi|ih/causedbyth* ne0|igencaofthePub|ioEmp|oyeroritzemp|oyeen
or agents in disregarding or ignoring any professional opinion, diagnosis or recornmendation of TPS or its
employees o/agents while TPS is performing its obligations provided in this Agreement.
6. 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 ithas the capacity and authority to enter into this Agreement.
S. 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 *r her tenure, herms, oondihons, or privileges ofemployment, or any matter directly orindirectly related
to emp|oymant, because of race, cu|or, sex, re|igion, national uhgin, ancentry, dianbi|ity, 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. -, the purdon shall review the compensation paid by Public Employer and the
omrviman rendered byTPS 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 bemade.
8. 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 op a
form entitled "Supplemental Agreement" approved by all par-ties hereto.
Richmond Fire Department
Applicant Written Aptitude Tasting
Exhibit
Process Steps
|. Administer, via mail, and tabulate resu|tsfrom a transportability Study to validate the
exam/maintain data for department's future use.
O. Provide (1) staff monitor, mmieha|a, and supplies to administer aptitude test to up to (100)
applicants adn site provided by the department.
|i|. Score results of aptitude test and produce rank order list (within ten working days of test
administration).
|V. Provide departrflen t/corn miss ion with consultation as to use of test results for selection
decisions.
Costs
A. $1.5UO.O0 for first 25 applicants (includes all process steps listed above)
B. $25.08 for each additional applicant, if more than 25in the group
C. Price includes (1) TPS. LLC test monitor for upto10Oapplicants. Additional TIPS, LLC^
monitors are$400.00/monitor for groups exceeding 100 applicants, or department has
option to provide additional test monitors.
D. Department provides test site for written aptitude exam,
|N WITNESS WHEREOF, the parties have executed this Agreement.
TESTING FOR PUBLIC SAFETY, LLC R|CHMONO FIRE DEPARTMENT
By: By:
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Richmond Fire Department
Applicant Written Aptitude Testing:
Make-up or Small Group Test Administration (1-6 applicants)
Exhibit
Process Steps
|. Administer, via moi|, and tabulate results from o transportability Study/maintain data for
department's future use.
U. Provide (1) staff monitor, materials, and supplies ho administer aptitude test to Lip tonb/
(6) applicants otTPS. LUC during eweekday.
||L Soonsmsuhaofap|i1udetae1andprodumanankorder |ie{ (whhinonevveekuftest
administration).
|V. Provide department with phone and written consultation as to use of test results for
selection decisions,
Comte
A. $175.O3 site fee per day
B� $5O.00 per applicant (no more than 8 applicants may be scheduled per day)
C. Test administered at the offices ofTPS. LLC during a weekday.
|N WITNESS WHEREOF, the parties have executed this Agreement.
TESTING FOR PUBLIC SAFETY, LLC R|CHMUND FIRE DEPARTMENT
By:__