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HomeMy WebLinkAbout12-047 - Public Safety Testing - 2012 Police Sergeant Promotional Testing12-047 Council Approval N/A CONSULTANT AGREEMENT FOR Police Sergeant Promotional Testing Services THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Public Safety Testing, hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. Proiect Desiqnation. The Consultant is retained by the City to develop and administer an assessment center promotional process services in connection with the project titled 2012 Police Sergeant Promotional Process. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending June 26, 2012, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this agreement no later than June 26, 2012 unless an extension of such time is granted in writing by the City. 4. Pavment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $4,000 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period! of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: Commercial General Liabilitv insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 2. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be 'appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immdiately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, 0) with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Aqainst Continqent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assiqnment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law: Venue: Attornev's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid, in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Entire Aqreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 3 17. Severabilitv and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 18. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: John Gray Public Safety Testing 2081844 1h Ave W, Suite 160 Lynnwood, WA 98036 17. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this ID day of CITY OF TUKWILA Mayor C Attest/Authenticated: City Clerk 20 (2,e CONSULJfAN I l/' By: V Prin4 Name: Title: "Ila ='..I Approved as to Form: Office of the City Attorney 11 A Public Safety. Testing April 2, 2012 Chief Mike Villa City of Tukwila Police Department 6200 Southcenter Blvd. Tukwila, WA 98188 Dear Chief Villa, It is our pleasure to offer promotional testing services to the Tukwila Police Department. Please find attached our proposal to conduct an assessment center selection process for the position of Police Sergeant. The professional services to be performed, the related costs, and Tukwila Police Department's responsibilities are outlined in the following pages. Public Safety Testing is committed to ensuring that the promotional and assessment center processes are valid, defensible and current to today's professional standards. Though our promotional system is a product of years of experience and uses contemporary professional standards, it is uniquely customized to the Tukwila Police Department through close collaboration and partnership. Thank you for the opportunity to provide this proposal. Please contact me at 425.776.9615 (or email: jon @publicsafetytesting.com), or John Gray at 425.334.8580 (or email: johng @publicsafetytesting.com) if you have any questions or need any additional information. Sincerely, 96n Wal rs President A proposal to the TUKWILA POLICE DEPARTMENT for the development and management of promotional testing for POLICE SERGEANT Scone of Services Provided by Public Safetv Testina, Inc: Public Safety Testing offers to develop and administer an assessment. center promotional process for the Tukwila Police Department. Public Safety Testing (PST) will apply the guidelines as adopted by the International Congress on Assessment Centers and the recommendations provided by the International Association of Chiefs of Police related to the development and management of assessment centers. Methodolooy for Service The project shall consist of three basic phases: 1. Test Preparation 2. Test Administration 3. Post -Test Activities Phase One: Test Preparation On -site meetings with the appropriate personnel from the Tukwila Police Department are held to: Determine the Tukwila Police Department's specific needs and components of the assessment center; Create a calendar of tasks, benchmarks and a schedule to deliver the promotional test; Identify the behavioral dimensions to be measured in the assessment center; Provide written summaries of decisions as the process develops; Survey department members currently serving in the position being tested for to identify the critical tasks being performed; Survey the management /leadership team to identify essential supervisory administrative skills and abilities of a newly promoted supervisor. These will create the unique weighting of the behavioral dimensions that is specifically relevant to the Tukwila Police Department; Provide a description of typical categories and examples of exercises that can be used in the promotional process. The Tukwila Police Department chooses three to five exercises and these are tailored with information provided by the Department to fit their specific environment and needs; Create a scoring map that places the weighted behavioral dimensions in specific exercises; Page 2 of 7 Promotional Testing Proposal TLIKbVILA POLICE DEPARTMENT Public Safety Testing, Inc. Build the exercises that uses information specific to your community and Department and uses the results of the survey used above, and Finalize the assessment center's exercises and schedule with the Tukwila Police Department's subject matter expert(s) for Phase Two. Phase Two: Test Administration PST will facilitate and manage the assessment center process, including: Conduct either a 90 minute orientation for candidates or one 3 -hour long "'Candidate's Workshop" that provides an overview of the testing process, tips for success, and pitfalls to avoid; Conduct a training workshop for the assessors and role players the Tukwila Police Department has selected before the test date. The training shall include guidelines in scoring, pitfalls to avoid in assessing and a practice session of scoring an exercise. Only trained assessors will participate in the testing process; Provide all of the typical equipment, supplies and materials for the training, orientation and testing process. The Tukwila Police Department may be asked to provide specific equipment related to exercises; Create the grading process that conforms to the Tukwila Police Department's local rules; Through an empirical process that incorporates the candidate's performance, the weighted dimensions, and the Tukwila Police Department's rules, create a final rank order listing of the candidates tested; Survey each candidate for their observations of the promotional process and assessment center's relevance to the position being tested for; and Survey the assessors for their observations and seek opportunities to continuously improve the process. Phase Three: Post Test Activities Each candidate receives the written commendations and recommendations that are created by the assessors. These are separate from the objective score sheets and are intended to assist the candidate in their professional development; and Provide the Tukwila Police Department with: the instructions for each exercise, original copies of the score sheets for each candidate created by the assessors, a matrix of the weighted dimensions as they were applied to each exercise, a copy of the raw scores for each candidate in each exercise and for each dimension, the assignment sheet of candidates to letter designators with corresponding photographs, a copy of the training outline provided to the assessors, a copy of the training outline provided to the candidates, a copy of the test schedule, and a copy of the written comments made by the assessors to each candidate. Page 3 of 7 Promotional Testing Proposid TUKMLA POLICE DEPARTMENT Public Safety Testing, Inc. Resources to be provided by the TUKWILA POLICE DEPARTMENT: The Tukwila Police Department shall agree to: Provide a Subject Matter Expert(s) to assist in the development of the exercises, distribute and collect surveys that provide an analysis of the position being tested for, and distribute and collect a survey that provides the relative importance of the supervisory dimensions t 3 be measured in the assessment center. The work of the Subject Matter Expert will happen on or before the agreed upon deadlines. The Subject Matter Expert will be available on the day of testing as a resource to answer questions; Obtain a minimum of two (2) qualified assessors per exercise and role players if necessary. PST will work with the Tukwila Police Department to assist in the identification of appropriate assessors; Have the appropriate supervisory and management personnel participate in the surveys of the job task analysis and the behavioral dimensions; Provide the physical facilities appropriate for the Candidate Workshop, the Assessor Training and the assessment center (including the selected exercises). Provide meals, refreshments and beverages for the assessors, the PST staff and the candidates; At the end of the final day of testing, most agencies find it beneficial to have the management team present during the discussion with the assessors to hear their comments and insights about the candidates; If necessary, cover the costs of the assessors; and Pay any travel- related expenses for the PST staff. Termination of this Proiect PST and the Tukwila Police Department acknowledge that either party may terminate this project at any time with or without cause. Upon termination, the Tukwila Police Department shall be liable for the amortized remainder of the professional fees, if any, from the effective date of the termination notice based on the percentage of completion of duties listed above. In the event of a termination, both parties will agree upon the fees, if any. I i Page 4 of 7 Promotional Testing Proposal TUKWILA POLICE DEPARTMENT Public Safety Testing, Inc. Professional Fees: These fees include a discount of $500 for being a PST Subscribing Agency for entry level police officer testing. For uo to 8 Candidates (1 day A /C) 3 Exercises, $3,400 4 Exercises, $4,400 5 Exercises, $5,400 For 9 to 16 Candidates (2 day A /C) 3 Exercises, $5,400 4 Exercises, $6,400 5 Exercises, $7,400 The above figure includes all of the costs associated with the development and execution of the promotional test process unless defined above and /or specifically approved in advance by the TUKWILA POLICE DEPARTMENT Additional Services: Assessment centers developed by PST are not "off the shelf" products and are highly customized for the client agency. Our testing model also includes options the client may wish to consider. Profiles Performance Indicator Using a state of the art occupational assessment tool known as the Profile Performance Indicator (PPI), an individualized report focusing on critical aspects of management competency such as on- the -job attitudes, emotions and behaviors is produced for the candidate and their current or future manager. PST recommends that this on -line self administered personal inventory is completed to provide the promotion candidate and department management with important information related to several key measurable areas: Productivity Quality of Work Initiative Teamwork Problem Solving Adapting to Change The PPI is not a scored test exercise; rather it serves a variety of needs that are not typically addressed in a standardized assessment center format. These needs include: Focusing the individual candidate on their areas of strengths and weaknesses before the assessment center. Developing a feedback strategy customized to each candidate. Page 5 of 7 Promotional Testing Proposal TLIKVVILA POLICE DEPARTMENT Public Safety Testing, Inc. Providing decision makers and future supervisors with "more" and "better" information from which to coach and develop all candidates in the "post assessment" phase of the selection process. The PPI is a self- administered (on -line) assessment tool that is introduced prior to the candidate orientation workshop. The results of the PPI are discussed during the workshop to provide the candidates with an additional point of reference to prepare for the assessment center. Past promotion candidates have expressed their high approval of this tool as one that clarified their personal understanding of "qualified for the position" versus "traits best suited for success on the job." PPI: $200 per Candidate Job Knowledge Written Test A customized and position- specific written test that is constructed to current professional standards. Agency provides the source material in an electronic format. 100 questions multiple choice, true /false exam: $3,000 Additional Candidate's Workshoos: One workshop is included in the package fee. Additional workshop(s) are available if needed to accommodate the schedules of candidates. $300 each session O _Work Performance RatincLL A method to incorporate the candidate's prior work performance into the promotion process. This uses documentation, surveys and a facilitated discussion with the candidate's supervisors. $1,500 Page 6 of 7 Promotional Testing Proposal TUKWILA POLICE DEPARTMENT Public Safety Testing, tire, P a cGil�4-tf' Addendum to the Proposal April 3, 2012 Professional Fees: These fees include a discount of $500 for being a PST Subscribing Agency for entry level police officer testing. For uo to 8 Candidates (1 day A /C) 3 Exercises, $3,400 4 Exercises, $4,400 5 Exercises, $5,400 If there is 5 candidates or less, a $500 discount from the above fees can apply provided that the training for assessors occurs on the same as the assessment center. For 9 to 16 Candidates (2 day A /C) 3 Exercises, $5,400 4 Exercises, $6,400 5 Exercises, $7,400 The above figure includes all of the costs associated with the development and execution of the promotional test process unless defined in the original proposal and /or specifically approved in advance by the TUKWILA POLICE DEPARTMENT Public Safety Testing, Inc, TUKWILA POLICE DEPARTMENT PROPOSAL Page 1 Of l a Acceptance Please send your formal acceptance of this proposal by email, fax or mail to: John Gray Public Safety Testing 20818 -44` Ave W., Suite 160 Lynnwood, WA 98036 Email: JohnG(o)PublicSafetvTestina.com FAX: 425.776.0165 This proposal is valid until May 15, 201.2 I /We accept this proposal and price quote as presented: Bv: 6 Date: 7 Print: Title: F.S.S /_SJ�•✓/ Page 7 of 7 Promotional Testing Proposal TLIKWILA POLICE L)[ I'ART1VtLNT PublicSnfcly Testing, Inc.