HomeMy WebLinkAboutInstitute Public/FIRE/14450/promotion processInstitute for Public Safety
Fire Department 2014
Appropriation 43- 419.99; P.O. #24574
Contract Not To Exceed $14.450.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ( "Agreement ") is
hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board
of Public Works and Safety ( "City "), and Institute for Public Safety, an entity duly authorized to
do business in the State of Indiana ( "Vendor ").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
PERFORMANCE:
City agrees to purchase the goods and /or services (the "Goods and Services ") from Vendor using City
budget appropriation number 43- 419.99 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Fourteen Thousand Four Hundred Fifty Dollars ($14,450.00) (the "Estimate ").
Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods
and Services provided to City within such time period. City shall pay Vendor for such Goods and
Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so
long as and to the extent such Goods and Services are not disputed, are in conformance with the
specifications set forth in Exhibit A are submitted on an invoice that contains the information
contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms
and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to
those certain specifications, descriptions and /or quotations regarding same as were provided to
Vendor by City and /or by Vendor to and accepted by City all of which documents are incorporated
herein by reference, and that the Goods and Services will be delivered in a timely, good and
workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use
and expressly warrants that the Goods and Services provided to City pursuant to this Agreement
have been selected by Vendor based upon City's stated use and are fit and sufficient for their
particular purpose.
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Institute for Public Safety
Fire Department 2014
Appropriation 43- 419.99; P.O. #24574
Contract Not To Exceed $14,450.00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ( "Effective
Date "), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and /or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and /or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and /or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
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Institute for Public Safety
Fire Department 2014
Appropriation 43- 419.99; P.O. #24574
Contract Not To Exceed $14,450.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and /or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and /or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and /or Vietnam era veteran
status.
12. E- VERIFY
Pursuant to I.C. § 22 -5 -1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E- Verify Law "), Vendor is required to enroll in and verify the work
eligibility status of its newly -hired employees using the E- Verify program, and to execute the Affidavit
attached herein as Exhibit D affirming that it is enrolled and participating in the E- verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E- Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E- Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON- ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
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Institute for Public Safety
Fire Department 2014
Appropriation 43- 419.99; P.O. #24574
Contract Not To Exceed $14,450.00
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
Chief Hoffman
AND
Douglas C. Haney, City Attorney
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Institute for Public Safety
251 East Ohio Street, Ste. 1000
317 - 687 -8910
Amy Emerson
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and /or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
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Institute for Public Safety
Fire Department 2014
Appropriation 43- 419.99: Y.O. #24574
Contract Not To Exceed $14,450.00
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2014 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. IRAN CERTIFICATION: Pursuant to I.C. § 5 -22 -16.5, the Vendor shall certify that, in signing this document,
it does not engage in investment activities within the Country of Iran.
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
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Instinite for Public Safety
Fire Department 2014
Appropriation 43419.99; P.O. #24574
Contract Not To Exceed $14,450.00
• 28. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By:
frkei
Ja s Brainard, Presiding Officer
Date:
Mary An
Date:
Burke, Member
7-
Lori S. Watson
Date:
ATTEST:
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Date:
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INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC.
Exhibit A
Agreement with the
Carmel Fire Department
For a
Promotion Process for the ranks of Fire Engineer, Lieutenant and Captain
Process Steps:
1. Establish Job Relevance
A. Develop consolidated job descriptions via survey
B. Select source materials with guidance of Development Committee
II. Train and Inform Candidates about Process
A. Provide candidates with descriptive process booklets
B. Prepare training video on test preparation
Ill. Write and Validate Written Test Questions
A. Write test questions on all reading materials
B. Validate test questions via committee review before or after exam
IV. Administer Written Test
A. Provide test booklets
B. Administer test site
C. Provide all testing material
V. Conduct an Appeal/Review Session after the written exam
A. Provide candidates with a copy of their own answer sheet and an answer key
B. Receive written appeals on test questions
C. Meet with committee afterwards to review appeals
VI. Score Results
A. Tally preliminary scores
B. Generate preliminary lists
C. Combine results with other process components (seniority, etc.)
VII. Provide Individual Feedback
A. Provide candidates with individual scores and rank order standing
VIII. Derive Final List
A. Provide Public Employer with final scores and rank order list
Exhibit (Pr
■ V�
Carmel Fire Department
Promotion Process for the ranks of Fire Lieutenant and Captain
Project Costs:
Promotion Written Exam - Lieutenant
$3,500.00 to provide one (1) written exam for the rank of tire lieutenant with no more than thirty -five (35)
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-five (35) is $35.00 per candidate.
D. Cost includes one (1) day of test administration with one hundred (100) candidates per testing
session. Cost to provide additional day(s) of testing and/or additional monitor if more than 100
candidates per testing session is $375.00 per monitor per day.
E. Immediate review session after written exam.
P. Cost includes all test materials and scoring.
G. Additional $500.00 if the test includes questions based on Department documents (i.e., SOP's).
II. Promotion Written Exam - Captain
Additional $1,000.00 to provide a written exam for the rank of tire captain with no more than thirty -five (35)
candidates.
• Test will be based on the same source materials as the lieutenant exam, however the captain test would include
more test questions. Cost includes separate scoring for both ranks.
• Cost assumes that lieutenant and captain exams will be administered concurrently. Additional cost of $375.00
for each additional day of testing required.
III. AppeaUReview Session for Written Exam
$1,500.00 to conduct an extensive appeal/review session scheduled for one (1) day.
A. Cost includes individual feedback on the written exam, in addition to an IPSP, Inc. monitor for one
day. Cost to provide additional day(s) for review session is $375.00 per day.
B. Cost includes meeting with development committee to review appeals if meeting is held same day
as appeal/review session.
C. Cost includes re- scoring of test components following review of appeals by development
committee.
D. Cost includes individual appeal results for candidates
E. Department will provide site for appeals session.
IV. Promotion Assessment Center Exercises
$3,500.00 to provide assessment exercises per rank level with no more than thirty-five (35) candidates.
A. Department will provide test site.
B. Cost for additional candidates over thirty -five (35) is $35.00 per candidate.
C. Cost includes board training, all test materials, scoring and interview monitor for first day.
Additional 1PSP, Inc., monitor $350.00 per day.
D. Optional - $1,500.00 per day for outside board comprised of three (3) administrative level
firefighters.
Pc-
42
V. Review Session for Assessment Center Exercises (OPTIONAL)
$1,500.00 to conduct an extensive appeal /review session scheduled for one (1) day.
A. Cost includes individual feedback on the assessment exercises. Candidates have the opportunity to
listen to an audiotape of.their own assessment meeting. and to review scoring dimensions. An
II'SP, Inc. monitor will be provided for one day. Cost to provide additional day(s) for review
session is $375.00 per day.
13. Department will provide site for appeals session.
VI. Compute candidate seniority scores based on hire dates provided by department - NO COST
IN WITNESS WHEREOF, the parties have executed this Agreement.
INSTITUTE FOR PUBLIC SAFETY THE CARMEL FIRE DEPARTMENT
PERSONNEL, INC.
Title: t° s / G^c._,:1 Title:
Date: / �� ( \ �) /� Date:
311
ESTIMATE
FOR THE DEVELOPMENT AND ADMINISTRATION OF:
2014 FIRE CAPTAIN AND LIEUTENANT PROMOTION PROCESS
Conduct/ Maintain Job Analyses Data
Captain, Lieutenant
Consultation on Promotion Process Scoring Components
Develop scoring procedures for components
Prepare Information Books for candidates
Written Exams - 2 Ranks:
Development, administration, and scoring
Written examination - Lieutenant
Written examination - Captain (additional questions)
Test administration for second day @ $375 /day
Assessment Center: 2 Ranks:
Development, training, and admin. of assessment center - Lieutenant
Development, training, and admin. of assessment center - Captain
Monitor exercises for two additional days @ $350 /day
Exam and Assessment Center Review Session - 2 Ranks:
Prepare feedback and conduct review session with candidates
Administer review session for second day @ $375 /day
Review appeals with committee
Re -score exams based on appeal decisions
No charge
No charge
$ 3,500.00
$ 1,000.00
$ 375.00
$ 3,500.00
$ 3,500.00
$ 700.00
$ 1,500.00
$ 375.00
TOTAL ESTIMATE: $14,450.00
*NOTE: IF MORE CANDIDATES PARTICIPATE IN 2014 THAN IN 2012, THE NUMBER
OF DAYS FOR SCHEDULING ASSESSMENT EXERCISES MAY BE MORE THAN TWO
DAYS-
Ci
of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032 -2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35- 60000972
PAGE
PURCHASE ORDER ER
24574
THIS NUMBER MUST APPEAR ON INVOICES, NP
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE.
PURCHASE ORDER DATE
DATE REQUIRED
REQUISITION NO.
- VENDOR NO.
DESCRIPTION
320P1014
o��.� e- d<,g ss,
VENDOR
Institute for Public Safety
251 East Ohio Street, Ste. 1000
Indianapolis, IN 46204
SHIP
TO
Carmel Fire Department
2 Carmel Civic Square
Carmel, IN 46032
(317)5712622
CONFIRMATION
BLANKET
CONTRACT
PAYMENT TERMS
FREIGHT
`
QUANTITY
UN MEASURE
DESCRIPTION
UNIT PRICE
EXTENSION
Account 43-419.99
1 Each Capt & Lt. Promotion Process
Send Invoice To:
Carmel Fire Department
2 Carmel Civic Square
Carmel, IN 46032-
PLEASE INVOICE IN DUPLICATE
$14,450.00
Sub Total:
$14,450.00
$14,450.00
DEPARTMENT
Cannel Fire Department
ACCOUNT
PROJECT
PROJECT ACCOUNT
AMOUNT.
SHIPPING INSTRUCTIONS
• SHIP REPAID.
• COD_ SHIPMENTS CANNOT BE ACCEPTED.
• PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS.
• THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
DOCUMENT CONTROL NO. 24574
PAYMENT $14,450.00
• NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE PO,
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED.
• I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATIg SUFFICIENT TO PAY FOR THE BOVE ORDER.
ORDERED BY
TITLE
CLERK - TREASURER
VENDOR COPY