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Home My WebLink AboutAgreement - Testing for Public Safety LLC - Assist with Promotional Process with SBPD1316 COUNTY -CITY BUILDING 227 W. JFFFFRSON Boifl,EVARD Soinu BEM), INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAY BOARD OF PUBLIC WORKS I March 27, 2018 Amy Emerson Testing for Public Safety, LLC 251 E Ohio Street, #1000 Indianapolis, IN 46204 RE: Agreement Dear Ms. Emerson: , PHONE 5741/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on March 27, 2018, approved the agreement to assist and provide testing for the promotional processes within the South Bend Police Department with the costs to vary per rank. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Sgt. Goben, Police Department GARY A. GILOT SUZANNA M. FRITZBERG ELIZABE'm A. MARADIK JAMES AMuFj,i,F'R THERE',SE J. DoRAU 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. 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 twenty (20) 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 twenty (20) 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 on the basis of race, religion, sex, color, creed, marital status, citizenship status, use of lawful products while not at work, being a victim of domestic or sexual violence, physical or mental disability, age, national origin, ancestry, sexual orientation, pregnancy, military status, unfavorable discharge from military service, genetic information, gender -related identity, expunged or sealed criminal history records, order of protection status, or lack of a permanent mailing address or using the mailing address of a shelter or social service provider, as well as any other protected classification pursuant to state or federal law. 7. Both Parties have participated fully and equally in the negotiation and preparation of this Agreement. This Agreement will not be more strictly construed, nor will any ambiguities in this Agreement be presumptively resolved, against either Party. This Agreement will be interpreted and enforced according to the laws of the State of Indiana. 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. I. Job Analysis for Validation of Testing — Per rank NO COST Conduct a job analysis for each rank being tested. The job analysis will identify essential job duties, as well as the knowledge, skills, and abilities that are necessary for the position. 11. Prepare an, Announcement and/or Information Book for candidates, NO COST The Information Book will include all promotion process details, including test dates, locations, andl scoring procedures of components. Ill. Orientation Meeting with Promotion Candidates (OPTIONAL $11,000.00 to provide two sessions of candidate training in one day.Each session is scheduled for two to three hours. Candidate training provides a thorough description of the written exam, oral interview, and assessment exercises. Specifically, candidates will review the scoring procedures, sample materials, and tips on how to prepare for the process. IV. Develop Promotion Written Exam —PER RANK $2,500.00 to provide one (1) written exam for up to 30 candidates. A. Cost assumes that Department or candidates will purchase source materials. B. Department will provide test site. C. Cost for additional candidates over thirty (30) is $25.00 per candidate. D. Cost assumes one (1) day of test administration. E. Cost includes all test materials and scoring. R (OPTIONAL) Additional cost of $500.00 if the department selects their own documents for test questions (i.e., Standard Operating Procedures, General Orders), which would comprise up to 20% of test questions. G. (OPTIONAL) $1,000.00 additional cost to score the test on -site. V. Administer Written Exam $800.00 to provide all test materials, monitor test administration. VI. Conduct a Review Session immediately following the exam NO COST Candidates will have the opportunity to review their test booklet, a photocopy of their own answer sheet, and an answer key listing the correct answer and book page number. They may write appeals on questions if they disagree with the answer listed in the key. Vil. Develop Promotion Oral Interview — PER RANIK $1,500.00 to provide oral interview with no more than thirty (30) candidates. Meet with development board to determine interview questions based on job relevance. Vill. Train Interview Board and Administer Interviews — PER RANK $1,000.010 to Provide all materials, including scoring booklets, scan sheets, supplies, and provide monitor for first day. A. Department will provide test site. B. Cost for additional candidates over thirty (30) is $35.00 per candidate. C. Each TPS administrator at test site is $400.00 per monitor per day►. D. Cost includes interview board training, all test materials, and scoring. E. Department will incur any expense involved for using an outside rating board for the oral interviews. IX Develop Promotion Assessment Exercises — PER RANK $2,500.00 to provide assessment exercises with no more than thirty (30) candidates. Meet with development board to determine interview questions based on job relevance. X. Train Assessment Board and Administer Assessment Exercises, — PER RANK $11,000.00 to provide assessment exercises per rank level with no more than thirty (30) candidates. A. Department will provide test site. B. Cost for additional candidates over thirty (30) is $35.00 per candidate. C. Cost includes board training, all test materials, and scoring. D. Each TIPS administrator at test site is $400.00 per monitor per day. E. Department will incur any expense involved for using an outside rating board for the oral interviews. X1. Comil2ute all scoring — PER RANK $800.00 to combine additional components and compute candidate seniority scores based on hire dates provided by department. Provide individual feedback for candidates and create a final list, and compute statistical analysis. XII. Travel $250 per overnight stay required (no charge for travel to and from South Bend) DISCOUNTS FOR THE FOLLOWING CONDITIONS: IF INTERVIEW AND ASSESSMENT EXERCISES TAKE PLACE DURING THE SAME TIME PERIOD: 0 Cost reduction of $111,000.00 for each rank 2, IF TESTING MATERIALS OVERLAP BETWEEN SERGEANT AND LIEUTENANT: • Written exam — The lieutenant exam would be based on common source materials and test questions as the Sergeant exam. However, more questions will be added to Lieutenant exam. An additional source (i.e., book may also be added to the Lieutenant exam). Both ranks testing will be administered on the same day. Cost reduction of $1,500.00. • Interview - A majority of the Lieutenant interview questions will be, the same as the Sergeant process, however more questions will be added for the Lieutenant interview. Cost reduction of $750.00. • Assessment exercises - A majority of the Lieutenant assessment exercises will be the same as the Sergeant process, however more exercises will Ibe added for the Lieutenant assessment exercises. Cost reduction of $1,500.00. IN WiT'NESS WHEREOF, the parties have executed this Agreement. TESTING FOR PUBLIC SAFETY, LLC PUBLIC EMPLOYER 0 Amy B. Emerson Date: By: 0,040 Date: SOUTH BEND POLICE DEPARTMENT COMPARISON OF PRICING OPTIONS IF LIEUTENANT' PROMOTION PROCESS IS COMBINED WITH SERGEANT TESTING ADDITIONAL RANK Testing Component: PER RANK COST'S (Lieutenant - separate content but (Sergeant) administered at the same time Job Analysis No charge No char Orientation $1,000 optional (No charge if same time as Sgt) Develop Written Exam $2,500 $500 optional $2,500 $500 optional de documents de flocs Administer Exam and Review $ iOO $1,0010 optional (no charge if same time as Sgt) Session Score on -site Develop Oral Interview► $1,500 $1,5010 Training + Administer Oral $1,000 (no charge if same interview board Interview as Develop Assessment Exercises $2,500 $2,500 Training + Administer $1,000 (no charge if same assessment Assessment Exercises board as Sqt) All Scoring and Candidate $ 800 $ 800 -Feedback (OPTIONAL DISCOUNT: If ($1,000) reduction ($1,0010) reduction InterviewlAssessments are administered at same time (OPTIONAL DISCOUNT: ($1,50,0) reduction Overlap in content for Sgt and Lt exam — added Qs for Lt) OPTIONAL DISCOUNT: Overlap ($ 7501) reduction in content for Sgt and Lt interviews — added Qs for Lt) (OPTIONAL DISCOUNT: ($1,500) reduction Overlap in content for Sgt and Lt assessment exercises — added ratings for Lt) TOTAL COSTS: $10,100 $2,500 if $7,300 $ 500 if Base cost options added Base cost options added ($1,000) possible reductions ($4,750) possible, reductions $2,550 TOTAL COST FOR $9,100 + $2,5100 options LIEUTENANT WITH OPTIONAL SERGEANT ONLY REDUCTIONS *Only base costs of the promotion process are listed. Additional costs for compensating assessors trom departments outside South Send, TPS monitor if more than one day is required, and travel. FMM D10 17M V V 0JJJ Cki QMJ I MAN ti K910 03/19/18 . Goben 3/27/18 Department Phone Extension Required Prior to Submittal to Board Legal Z Attorney Name Clara McDaniels Controller Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing 1:1 Agreement Z Contract L Proposal L Addendum Professional Services E] Resolution F� Bid Opening El Bid Award 0, Req. to Advertise El Title Sheet Quote Opening F-1 Quote Award Change Order No., R C/O & PCA No. ❑ PCA El Ease/Encroach. ❑ Traffic Control R Other: Company or Vendor Name Testing for Public Safet _y New Vendor F] Yes El No E If Yes, Approved by Purchasing MIBE/WBE Contractor R MBE R WBE MBE/WBE Contractor Requested E] No R Yes Name ofCompany _ Project Name Promotional Testing Project Number Funding Source Account No. Amount Terms of Contract Annual Purpose/Description The South Bend Police, Dept. requests that the Board of Public Works approve the contract with Testing for Public Safety, LLC, to assist and provide testing for the prornotional process within the South Bend PD. E] Required Contractor's Certification Form Attached (Non - Collusion. Non -Discrimination. Non -Debarment., E-Verifv. Iran. etc.) Amount of H Increase $ [] Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original 0 F-1 Sgt. Goben El E] F F