HomeMy Public PortalAbout187-2023 - Fire - Testing for Public Safety - Promotion testeing for 2024 , .
PROFESSIONAL CONSULTING SERVICES AGREEMENT
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THIS AGREEMENT made and entered into this ...",tr"-- day of vvy efc', 20 , and
referred to as Contract No. 187-2023, 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, 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 WORK
City hereby retains Contractor to provide consulting and testing services in connection with the
2024 firefighter testing and promotion process. Contractor shall perform all services described
on Contractor's proposed Agreement "Exhibit A" received on October 5, 2023, consisting of six
(6) 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:
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.
Contract No. 187-2023
Page 1 of 7
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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" for the 2024
calendar year. The total amount paid to Contractor is anticipated not to exceed a total amount of
Seven Thousand Two Hundred Fifty Dollars and Zero Cents ($7,250.00) although the actual
amount paid during the 2024 calendar year shall be contingent upon the number of candidates
participating in the testing process as described in "Exhibit A."
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 as of January 1, 2024, and shall continue in effect until
December 31, 2024, with the City retaining two (2) options to renew this Agreement with the
same terms and conditions for the 2025 and 2026 calendar years.
Notwithstanding the .-.erm 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 asons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
Page 2 of 7
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 th.is
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which ta.y 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 Lability. $1.00„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
Page 3 of 7
F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence
$1,000,000 each aggregate
SECTION VI. CO 'LIANCE 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. CO PLIANCE 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 isterminated 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-
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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 fx 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 i4directly 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, r7..ligion, 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 viobtion 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, egotiation, 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, 2nd Floor
Indianapolis, IN 46220-2554
By: V,/ By: -
Vicki Robinson, President
By: Printed: ACY'l i_ne-rICAK)
Emily Palmer, Member
By:
Matt Evans, Member
Date: k — Date: 1- 2-3
APPROVEI ,
•
Sno r
Date:
Page 7 of 7
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AGREEMENT
THIS AGREE ME NT for profess ion a I services, dated this 51,of October 2023, by and between Testing for
Public Safety, LLC-doing business as The Institute for Public Safety Personnel(hereinafter-FPS") and the
Richmond Fire Departmffit(hereinafter"Public Employer"):
A. Basic Services
1. Effective October 5, 2023,and continuing through December 31,2024,TPS shall, pursuant to i the
terms and conditions set forth herein, provide the Public Employer with the professional consulting services set
forth in Exhibit A attach(ld hereto and made a part hereof.
B. Operation
1. The relationship between'FPS 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 FPS 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
3. All test materials developed and administered by TPS are the property of TPS. This Agreement
provides for a one-tirne usage of test materials specifically developed for the purpose of executing this Agreemont.
Public Employer agrees torespect the copyright of all'FPS 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
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 ofTPS as provided for in this Agreement shall
be in the amount set forth in Exhibit A. Such amount shall he remitted to TPS within thirty(30) days after
completion of the agreed_,�ervices. The services rendered byTPS Linder this Agreement shall be considered as
"professional services." Upon rLquesL,TPS shall provide a fully itemized statement concerning the services
rendered under this Agreerrient.
C. Additional Services
l. The Public Employer may,from time to time, require changes in the scope nf the services of TPS
tobe performed under this Agreement. Such Changes, including any increases nr decreases in the amount of
compensation to TPS which are rnutually agreed upon by the parties hereto, and approved by all other necessary
and proper authorities,sh-ld be incorporated in written amendments to this Agreement. �
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2. FPS further agrees that its personnel will appear, J necessary,to testify nn behalf nf the Public
Employer with regard to ary|cBa/ challenge invo|vingTPS programs, and tbarTPS personnel shall make such
appearance without compensation other than out-o�pocketexpenses.
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D. Miscellaneous
l. If'FPS falilS to fulfill in a timely and proper manner the obligations pursuant to this Agreenl(-,?,nt,
the Public Employer shall thereupon have,the right to terminate this Agreernent by giving written notice to FPS at
least thirty(SO)days prior to the effective date ofmchtermination. |n the event of termination, neither party
hereto shall be relieved o'liability uz the other for damages sustained by virtue of any breach of this Agreement,
and the Public Employer may withhold payrnent to"IF-IS for the purpose of setoff until such time as the exact
tofd d db Public Employer h determined.
amoon ama�e� due e u c mp oye/can c
2. If the PUblic Employer shall fail to fulfill in a timely and proper manner the obligations pursuant
to this Agreement,TPS stiall thereupon have the right to terminate this Agreement, Said notice shall bc giver)to
the Public Employer at leist 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 ufamy
breach nf this Agreement.
]. TPS shal indernnify arid hold harmless the Public Employer from any and all loss, clarnage, injurry
or liability caused by the negligence of"FPS or its employees or agents in performing its obligations provided in this
Agreement.
4. TP3 shall riot bo held liable and the Public Employer shall hold Tp3harmless from any and all loss,
clarnage, injury or liability caused by the negligence of the Public Ernployer or its employees or agents in
disregarding or ignoring arvy professional opinion, diaHnosis Or recorrimenclation ofTPS or its employees or agents
while FPS is performing its obligations provided in this Agreement.
S. TPS cerlifies and warrants that it has the capacity to perform the services as required by the
Public Employer with high professional quality, ability arid expertise and further certifies and warrants that it has
the capacity and authority tn enter,into this Agreement,
5. TPS arid its employees, agents an(.] representatives,in th� performance Of this Agreement, agree
not to discriminate againstany employee or applicant for employrnenL with respect to his or her tenure, terms,
conditions, or privileges of(-_,rriployrrierit, 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 ITS, its partners,
mccessors, asd#ns' |o0a| amdpcoonn|' nepresentatives' andadministmtors.
8. At the exoiration of the initial terr-n hereof, or upon earlier termination of this Agreement
pursuant to Section 1), 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
reirribursernent or whetherTPS is entitled to additional compensation, arid any necessary adjustments sh-all he
made.
9. Nothing berein shall be construed as creating any personal liability on the part of any officer,
director, agent, or erriployc.4e of any public body which may L)e a party hereto.
10. This Agreement represents the entire understanding between and among the parties hereto.
This Agreement may riot be changed, altered, or arnenrled; rriodification of this Agreerrient must he in writing,
executed by the parties hereto, refer to this Agreernent by date, and must be executed on a form entitled
"5opp|cments| AXrcement" approved by all parties hereto.
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Exhibit
Agreement with the
Richmond Fire Department for a
Promotion Process for the rank of Fire Lieutenant
.Process5tep2�
|, Establish Job Relievance
A. Review job descriptions
B. Se|ectsiDurce materials
||. Write and Validate Written Test Questions
& Write test questions on all sources
B. Validate test questions via committee review
||i Inform Candidates About Process
A. Provide candidates with descriptive process booklets
|V. Administer Written Test
A. Provide test booklets
B. Administer test site
C. Provide all testing material
V. Develop Structured Interview/Assessment Center Exercise Materials
A. Meet with the committee to identify assessment goals
B. Develop structured questions and Suggested answers
C. Meet m/i�hcommitteetovalidate material
V|. Administer |ntcn/'evvs/AsscomcntCenter Exercises
A. Train orz| interview board
B. Provide m onitorat interview site
V||. Score Results
A. Tally preUminaryscores
B. Generate preliminary lists
C. [ombine results with other process componcnts (seniority, etc.)
. , . .
VUi Conduct Appeals Session
A, ProvWe candidates with individual resu|ts - missed questions,
overall scores, rank, etc,
B. Meet with candidates to receive appeals
C. Collect appeals and present tnDepartment
D. Provide candidates with individual appeal results
|X. Provide |ndioidua| Feedback
A. Provide candidates with individual scores and rank order standing
X. Derive Final List
A. Provide Department with final scores and rank order list
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Project Steps Project Costs
|. Conduct a job ana|ysin_______ --Conduct/maintain a job analysis. The job analysis will identify essential job duties, as well as No charge �
� the knowledge, skills, and abWities that are necessary for the position.
� U. Prepare an Announcement and/or Information 800k for candidates �
� The Informatioii Book will include all promotion process details, including test dates, locations, No charge
administration, and scoring procedures mfcomponents.
Ui Candidate h �
(OPUONAL) $UOU.UOto provide one or two sessions ofcandidate training in one day. Each
session is scheduled for two tn three hours, Candidate training provides athorough $800.00 �
description of the oral interview and assessment exercises. Specifically, candidates will (optional)
review the scoring procedures, sample materials, and tips on how hz
prepare for the process. �
�
|\i Develop Promotion Written Exam
Provide written exam
� A. The test will include between 130 and 17n test questions. (apprnximota|y) $2'750.00 �
B. Cost assumes that DepErhnentor candidates will secure source materials.
�
C. Department will provide test site.
D. (OPTIONAL) Additional$500.00 if Department selects internal documents (i.e.,
Collective Bargaining Agreement, Standard Operating Procedures)to be included on the �
written exam (up tn2OY6nf the test queoiona).
V. Implement written tesi �
Provide all materials, such uo test booklets, pencils, arid onnmonitor $500.00
A. Cost includes one day of test administration. Cost hz provide additional day(u) o[testing
and/or additional monitor iu $5OO.OU per monitor per day.
� B. ([>PT|UNAL) $1.00O.O0 additional cost to score the test on'aiin,
V1. Conduct Review Session immediately followinqUhe examI �
Candidates will have the opportunity to review their test booklet, a photocopy of their own NO
answer sheet, and an answer key listing the correct answer and book page number. They CHARGE �
may write appeals on questions if they disagree with the answer listed in the key. �
VU. Deva|gpinte toxercisem
� Meet with department committee to identify priorities and establish job relevance. Create $3'500.00
� scoring dimensions, or anchors, for interview questions. Provide interviews per rank level
with no more than ten (1O) candidates.
� A, Department will provide test site,
� B.Cost for additional candidates over ten (1O) ks $5O.U8 per candidate.
�
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Cost Includes board training, all test materials, oouhng book|do, desk shields, scan sheets.
A, TP3 monitor for each day to manage candidate procedures @ $400.00 per day.
O, Department will obtain an outside rating board for the oral interviews and will incur Cost �
of paying raters. |fTPS obtains raters, cost inestimated at $12UO.OU per day for board of
three raters.
IX Conduct aL Review 3o��omJoUo i n�sonl��t�ymp�[��t $800'0O(OPT/ONAL) Schedule individual meetings for candidates (at TP3 office) if they choose to ;I (optional)
)
participate in review session for oral assessment oomponent (candidate may listen to own �audio recording of assessment mooting & review scoring criteria)
i >{ Score Lall teoti' � No charge
Score all tests, compute candidate seniority scores based on hire dotes provided by
department, combine all promotion components, create a final rank list, provide quantitative
feedback to candidehas, compute statistical analysis.
X|' Provide a
$1,000—OO
(OPT|ON \L) CUau1deta0�d individual feedback from assessment bnand, outlining utnenths
and areas in need ofim prove mont Provide summarized feedback for candidates. g (optional)
� ESTIMATED TOTAL (dues not include optional services) $7250.00
|N WITNESS WHEREOF, the parties have executed this Agreement.
TESTWG FOR PUBLIC SAFETY, LLC R|CUK8OND FIRE UEPARTMENT
By:_ By:
Datc Date: