Agreement - Testing for Public Safety LLC - Assist with Promotional Process with SBPD

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AGREEMENT THIS AGREEMENT for professional services, dated this 1st day of January 2018, by and between the Testing for Public Safety, LLC (hereinafter "TPS"). and the South Bend Police Department (hereinafter "Public Employer"): A. Basic Services 1. Effective January 01, 2018, and continuing through December 31, 2019, 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 famish 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. All records kept by TPS concerning the designated programs shall comply with all applicable federal and state laws addressing record retention in the context of public employment, 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-five (35) days after completion of the agreed services and receipt of invoice. 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 or provide documentary evidence with regard to any legal challenge involving TPS programs, and that TPS personnel shall make such appearance or provide documentary evidence without compensation other than out-of- pocket expenses.