HomeMy WebLinkAboutIndustrial Organizational Solutions, Inc./CFP/$32,830/Engineer Promotion Process
Industrial/Organizational Solutions, Inc.
Fire Department - 2025
Appropriation #1120 43-419.10 Fund; P.O. #116612
Contract Not To Exceed $32,830.00
1
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, (“City”) and Industrial/Organizational Solutions, Inc. 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.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the “Goods and Services”) from Vendor using City budget
appropriation number 1120 101 43-419.10 Fund. 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 Thirty-Two Thousand Eight Hundred Thirty Dollars and No Cents ($32,830.00) (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 thirty-five (35) 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. All payments and any late payments
fees shall be pursuant to Indiana Prompt Payment Statute; Ind. Code 5-17-5 et al.
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.
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.
Industrial/Organizational Solutions, Inc.
Fire Department - 2025
Appropriation #1120 43-419.10 Fund; P.O. #116612
Contract Not To Exceed $32,830.00
2
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) without any cap or limitation, 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.
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, without any cap or limitation, caused by any error, omission or negligent act of
Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the
performance of this Agreement. The City has no indemnity obligation and will not indemnification the
Vendor in regard to any liabilities, claims, demands or expenses (including, but not limited to, reasonable
attorney fees) arising out of this Agreement. These obligations regarding indemnification shall survive the
termination of this Agreement.
Industrial/Organizational Solutions, Inc.
Fire Department - 2025
Appropriation #1120 43-419.10 Fund; P.O. #116612
Contract Not To Exceed $32,830.00
3
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.
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.
Industrial/Organizational Solutions, Inc.
Fire Department - 2025
Appropriation #1120 43-419.10 Fund; P.O. #116612
Contract Not To Exceed $32,830.00
4
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 AND City of Carmel
Fire Department Office of Corporation Counsel
210 Veterans Way One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: Industrial/Organizational Solutions, Inc.
1520 Kensington Rd Suite 110
Oak Brook, IL 60523
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
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.
Industrial/Organizational Solutions, Inc.
Fire Department - 2025
Appropriation #1120 43-419.10 Fund; P.O. #116612
Contract Not To Exceed $32,830.00
5
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 the satisfactory completion of
services and/or delivery and acceptance of goods contracted for herein.
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. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
Industrial/Organizational Solutions, Inc.
Fire Department - 2025
Appropriation #1120 43-419.10 Fund; P.O. #116612
Contract Not To Exceed $32,830.00
6
27.IRAN CERTIFICATION
Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in
investment activities within the Country of Iran.
28.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.
29.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 Industrial/Organizational Solutions, Inc.
By: By:
Zachary Q. Jackson Authorized Signature
Chief Financial Officer/Controller
Date:
Printed Name
Title
FID/TIN:
Date:
Chad C. Legel
President
4-7-2025
Type text here363783421
4/7/2025
Project Step
Consultant
Hrs.
Consulting
Assoc. Hrs.
Tech. Wrtr.
Hrs Admin. Hrs. Cost
Kick-off and Planning 1 0 0 0 $240
Discuss past processes, challenges; map out milestones and
determine timeline.1
Component Expenses
Job Analysis (removed)13 27 0 1 $0
Incumbent interviews/observations.4 8
Job analysis questionnaire development and admin.3 9 1
Analysis and data compilation.6 10
Component Expenses
Written Job Knowledge Examination 7 22 58 0 $10,260
Work with SMEs to develop an examination plan that is
linked to the job analysis. Source materials are already
selected.1
Draft 125 multiple choice questions based on exam plan.2 6 46
Review questions with SMEs to assess job-relatedness and
difficulty. Identify final 100 questions and establish
appropriate cut-off score.3 6
Administer exam on-site and conduct post exam appeals
process. (planned for 2 consecutive days)12
Score exam.1 2
Assist in designing/coordinating appeals process and
respond to candidate appeals.2 6
Component Expenses
Practical Assessment - Pump Ops. & EVOC/Driving 50 42 0 2 $18,880
Design two practical work sample components: 1) a pump
operations simulation with a series of evolving pump ops.
tasks and 2) an EVOC course (already designed by CFD, IOS
will oversee admin.) Development will be based on input
from SMEs regarding job related scenarios and rating
criteria/guidelines. Apparatus and site will be provided by
CFD.16 3
Review assessment with SMEs to refine details and ensure
accuracy of criteria. Field-test pump both components and
make refinement as necessary.8 1
Develop efficient assessment schedule and plan out needs
for assessment site. (Preliminary plan is to process all
candidates over two consecutive days.)1
Recruit assessors and coordinate travel logistics (estimated
5 assessors to create 2 panels)8Administer the assessment: Day 1 = assessor training and
mock-ups. Day 2,3 = candidate processing (estimated 30
candidates: 3 days, 2 staff)22 22
Compile assessment scores and conduct quality controls.2 3 2
Develop candidate feedback reports.1 5
Component Expenses
Candidate Orientation Presentation (removed)4 6 0 0 $0
Prepare and deliver a video-based candidate
preparation/orientation presentation.4 6
Component Expenses
Pass-Through Expenses $3,450
Site Procurement Expenses
Submitted by Industrial/Organizational Solutions, Inc. (IOS)
Carmel, IN Fire Department
Engineer/Estimated 30 Candidates at Assessment Stage
Responsibility of CFD
$0
$575
$720
$1,760
$0
Exhibit A Page 1 of 2
Assessor Travel-related Expenses - Assessor travel, lodging,
and per diems. *includes lunches during assessment.
TOTAL PROJECT INVESTMENT $32,830
Project Notes
Schedule of Hourly Rates - IOS 2025
Category Rate
Consultant/Industrial Psychologist $240/hour
Consulting Associate $120/hour
Technical Writer $90/hour
Administrative Assistant $40/hour
IOS has used estimated candidate numbers to estimate parameters for exam and assessment processes (e.g., duration of exam/assessment, how many IOS
personnel are on-site, etc.) based on our standard practices. Consultant travel-related costs have been calculated based on these estimates. These costs
have been built into line-item pricing. IOS will invoice clients as each project component/line-item is completed. The line item total reflects labor, overhead
and all travel-related costs. IOS will not provide itemized expenses receipts to client. The component costs are considered to be “fully-loaded.”
Site Procurement Expenses and Assessor Travel-related expenses have been estimated. These estimates are based on assumptions regarding candidate
numbers, duration, etc. The client will be responsible for these costs in full. IOS will invoice these expenses to the client after IOS has accepted liability for
these expenses on behalf of the client. IOS will invoice actual site, assessor flight and assessor lodging costs. A per diem will be calculated based for
assessors to cover meals not provided by IOS, transportation, parking, baggage fees, and other incidental travel expenses as appropriate. The per diems will
be assessed to the client and will not be reconciled against actual receipts. IOS will invoice expenses up to the allotted budget. If in the course of procuring
sites/assessors, IOS becomes aware that the estimated budget will be insufficient for whatever reason, IOS will notify the client and seek to identify a
mutually acceptable solution. While we have attempted to establish accurate budgets, significant fluctuations in costs associated with flights and lodging
are possible. *Assessors will be recruited from within driving distance to minimize travel-related costs.
$3,450
IOS has planned for the use of virtual meetings were possible. We are willing to conduct on-site meetings when preferred by the client; however, this may
necessitate changes in labor and travel cost estimates.
Exhibit A Page 2 of 2
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Commercial General Liability (Occurrence
Basis), Bodily Injury, Personal Injury, Property
Damage, Contractual Liability, Products-
Completed Operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury Limit:
Each Occurrence Limit:
Damage to Premises:
Fire Damage (any one fire):
Medical Expense Limit (any one person):
Statutory Limits
$500,000 each employee
$500,000 each accident
$1,000,000 policy limit
$2,000,000
$1,000,000
$500,000
$1,000,000
$100,000 each occurrence
$250,000 each occurrence
$10,000
Auto Liability (owned, hired, and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella/Excess Liability
Each Occurrence:
Aggregate:
Maximum deductible:
$1,000,000 each accident
$1,000,000 each accident
$1,000,000
$1,000,000
$1,000,000
$10,000
Chad C. Legel
Industrial/Organizational Solutions, Inc.
President/CEO
Chad C. Legel
7th April 25
Chad C. Legel