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06-76 Resolution No. 06-76 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. FOR FIRE DEPARTMENT PROMOTIONAL TESTING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Institute for Public Safety Personnel, Inc. for fire department promotional testing, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • CITY OF ELGIN AGREEMENT FOR: Ptd- DE-Pr Pvl.o nUvet-r sr1NC— This Agreement is made and entered into this 24th day of February,2006 by and between the City of Elgin("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois,and The Institute for Public Safety Personnel, Inc. incorporated in the state of Indiana and having a principal place of business at 50 East 91't Street, Indianapolis, Indiana 46240. ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement and any attachments thereto. ARTICLE H. SCOPE OF WORK. See Attachment A hereto. (hereinafter referred to as"Quote"),at the prices and terms contained therein. ARTICLE III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the services outlined in Attachment A within sixty days of the date of this agreement and the CITY shall pay to CONTRACTOR the total sum pursuant to Attachment ono later than 30 days after performance. ARTICLE IV. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY,b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including,but not limited to,the following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control,(iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY,(iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT,including,but not limited to the Affirmative Action requirements,and(vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen(14)days prior written notice. ARTICLE V. DAMAGES. From any sums due to the CONTRACTOR for services,the CITY may keep for its own the whole or any part of the amount for expenses,losses and damages as directed by the Purchasing Director,incurred by the CITY as a consequence of procuring services as a result of any failure,omission or mistake of the CONTRACTOR in providing the services outlined in Attachment A as provided in THIS CONTRACT. ARTICLE VI. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws ofthe State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, or in the event any of the terms or provisions herein are deemed to be void or otherwise unenforceable for any reason,such clause shall be void(the remainder of the contract shall not be affected)and the laws or ordinances shall be operative in lieu thereof. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT shall be in the Circuit Court of Kane County, Illinois. ARTICLE VII. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race,color,religion,sex,ancestry,national origin,place of birth,age or physical handicap which would not interfere with the efficient performance of the job in question. The CONTRACTOR will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment,screening,referral and selection of job applicants and prospective subcontractors. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incorporated by reference,as if set out verbatim. ARTICLE VIII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE IX. AMENDMENTS. There shall be no modification of the CONTRACT,except in writing and executed with the same formalities of the original. ARTICLE X. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S.mail,certified or registered,return receipt requested,addressed, if to CONTRACTOR,at the address set forth above to the attention of the project manager or undersigned representative, and if to the City,to the attention of the City Manager, 150 Dexter Court,Elgin,IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE XI. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to and shall indemnify,defend and hold harmless the City,its officers,employees,boards and commissions from and against any and all claims,suits,judgments,costs,attorney's fees,damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this CONTRACT, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers,employees, agents,boards or commissions covered by the foregoing duty to indemnify,defend and hold harmless,such action shall be defended by legal counsel of the City's choosing. ARTICLE XII. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XIII. AUTHORIZATION. This CONTRACT is in the best interests of the CITY and is authorized by law. If,for any fiscal year during the term of the CONTRACT,sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized,then the CONTRACT shall terminate as of the last day of the preceding fiscal year,or when such appropriated and authorized funds are exhausted,whichever is later,without liability to the CITY for damages,penalties or other charges on account of such termination. ARTICLE XIV. NO AGENCY. This CONTRACT shall not be construed so as to create a joint venture,partnership, employment or other agency relationship between the parties hereto,except as may be specifically provided for herein. ARTICLE XV. CONFLICT. In the event of any conflict between the terms provided in any attachments hereto and the body of this CONTRACT,the terms and provisions of this CONTRACT shall control. ARTICLE XVI. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises,terms,conditions or obligations other than those contained therein; and this CONTRACT shall supersede all previous communications,representations,or agreements,either verbal or written,between the parties. ARTICLE XVII. TERMINATION. This CONTRACT shall terminate May 31,2006. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. ONTRACTOR •- __ IN i rold Nam: nd Title Olu emi o . 2. �D) Ci M - �' ana:-� FEIN NO. JI ()Q' 1 i i ATTACHMENT A SUMMARY OF COSTS Battalion Chief Base cost per rank $4,000 Evaluation board—2 days ($1500 per day) $3,000 Monitor fee for 2nd day $ 300 Overnight travel for board $ 250 Sub Total $7,550 Captain Base cost per rank $4,000 Evaluation board— 2 days ($1500 per day) $3,000 Monitor for 2nd day($300 day) $ 300 Sub Total $7,300 Lieutenant Base cost per rank $4,000 Evaluation board—4 days ($1500 per day) $6,000 Monitor for 2nd, 3rd, and 4th day($300 day) $ 900 Sub Total $10,900 Estimated Total $25,750 INSTITUTE FOR PUBLIC SAFETY PERSONNEL, INC. Attachment 45 Agreement with the City of Elgin For an Assessment Center For the Rank of Lieutenant Process Steps: I. Establish Job Relevance A. Develop consolidated job descriptions via survey II. Train and Inform Candidates about Process A. Provide candidates with descriptive process booklets B. Prepare training video on preparation for assessment center III. Development of Assessment Center Materials A. Meet with the city to identify assessment goals B. Develop structured questions and scoring guidelines IV. Administer Assessment Center A. Train assessment board B. Monitor assessment center for the first day V. Score Results A. Tally preliminary scores B. Generate preliminary lists C. Combine results with other process components(seniority,etc.) VI. Provide Individual Feedback A. Provide candidates with individual scores and rank order standing VII. Derive Final List A. Provide City with final scores and rank order list Project Costs: I. $4,000.00 to provide assessment center process for the rank of Lieutenant,with the following provisions: A. City will provide assessment center site. B. Cost includes board training, all test materials,scoring and interview monitor for first day. $300.00 per day for IPSP, Inc.,to monitor additional days. C. OPTIONAL-$1,500.00 per day for outside board comprised of three(3)administrative level firefighters. D. $250.00 per overnight stay for monitors or board members. 11. Orientation Meeting with Promotion Candidates(OPTIONAL SERVICE) $500.00 per day to provide candidate training. Each session is scheduled for two hours. Candidate training provides a thorough description of the oral interview and assessment exercises. Specifically,candidates will review the scoring procedures, sample materials,and tips on how to prepare for the process. •(`l OF ECG. . / City of Elgin Agenda Item No. _1_ , L March 17, 2006 G I TO: Mayor and Members of the City Council N SAFE CO MMIJNITY FROM: Olufemi Folarin, City Manager Gail Cohen, Human Resources d Purchasing Director SUBJECT: Assessment Center for Fire Department Promotional Testing PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to authorize entering into an agreement with the Institute for Public Safety Personnel for assessment services for Fire Department promotions. RECOMMENDATION ,�r• It is recommended that the Council approve entering into a contract with the Institute for Public Safety Personnel in the amount of$25,750. BACKGROUND The Agreement between the City of Elgin and the Local #439, International Association of Firefighters, provides that as part of the promotional process candidates for promotion to lieutenant and captain shall be evaluated in part by a third party, independent organization mutually agreed upon by the City and the Union. The City and the Fire Union have agreed upon using the services of the Institute for Public Safety Personnel (IPSP) of Indianapolis, Indiana. The Fire Department will use IPSP for the assessment portion of the Battalion Chief appointment process as well. The anticipated cost for the three assessment processes is: Battalion Chief Base cost per rank $4,000 Evaluation board—2 days ($1500 per day) $3,000 Monitor fee for 2nd day $ 300 Overnight travel for board $ 250 Sub Total $7,550 do" Assessment Center March 17, 2006 Page 2 Captain Base cost per rank $4,000 Evaluation board— 2 days($1500 per day) $3,000 Monitor for 2"d day($300 day) $ 300 Sub Total $7,300 Lieutenant Base cost per rank $4,000 Evaluation board—4 days ($1500 per day) $6,000 Monitor for 2"d, 3rd, and 4th day($300 day) $ 900 Ow Sub Total $10,900 Estimated Total $25,750 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED IAFF Local#439 FINANCIAL IMPACT 61ll There are sufficient funds available ($25,750) and budgeted ($42,500) in the General Fund, Human Resources Department, account number 010-0601-714.45-13, Employee Testing, to enter into a contract with the Institute for Public Safety Personnel in the amount of$25,750. \NV,iI)EGAL IMPACT This contract would be an exception to the procurement ordinance. A Assessment Center March 17, 2006 Page 3 ALTERNATIVES 1. Enter into the agreement as recommended. 2. Ask the Fire Department and IAFF Local#439 to agree upon another assessment center. Respectfully submitted for Council consideration. GAC