HomeMy WebLinkAbout25255AGREEMENT INFORMATION
AGREEMENT NUMBER
25255
NAME/TYPE OF AGREEMENT
FIRE & POLICE SELECTION, INC.
DESCRIPTION
USE AGREEMENT/ENTRY-LEVEL WRITTEN TEST
MATERIALS TERMS & CONDITIONS/MATTER ID: 24-3094
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
11/22/2024
DATE RECEIVED FROM ISSUING
DEPT.
11/25/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Fire -Rescue
DEPT. CONTACT PERSON: Vishwani Ramlal-Campbell EXT. (305) 416-5465
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "Fire & Police Selection Inc/Biddle Consulting
Group
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY)
PURPOSE OF ITEM (BRIEF SUMMARY): Fire & Police Selection Inc (FPSI) Leasing Agreement for Miami
Fire Rescue Written Test Materials - For Signature.
COMMISSION APPROVAL DATE:
FILE ID: ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINTuuAND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
November 19, 2024
PRINT: ROBERT
14:12:01
SIGNATURE:
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Initial
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SUBMITTED TO RISK MANAGEMENT
November 20, 2024
PRINT: ANN
I 11:47:
SIGNATURE:
- TIWARPE
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SUBMITTED TO CITY ATTORNEY
November 20, 2024
PRINT: GEOR
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SIGNATURE:
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APPROVAL BY ASSISTANT CITY MANAGER
@'E91FE88'24815
PRINT:
SIGNATURE:
RECEIVED BY CITY MANAGER
November 21, 2024
PRINT: ART
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SIGNATURE:
NORIEGA
Tusignedby:
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PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
1)
ONE ORIGINAL TO CITY CLERK,
2)
ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
Fire & Police Selection, Inc. (FPSI)
Entry -Level Written Test Materials Terms & Conditions
Fill-in all information; signature is required. Email all pages to: john(&fpsi.com
TEST PRODUCT(s): Miami Fire Rescue Test (CEB2BM)
TEST DATE(s):
Subject to the following terms and conditions, Fire & Police Selection, Inc. (FPSI) hereby agrees to lease to the
City of Miami, FL (Client) the right to use FPSI's Entrv-Level
Written Test(s) Materials. The terms and conditions are effective when signed by the Client and will end 90
business days following administration of the test(s). The Client agrees to the following terms and conditions:
1. It is expressly understood that in selling the right to use its test(s), FPSI cannot guarantee compliance with
the civil rights laws or the requirements of federal or state enforcement agencies. Nor does FPSI agree to
stand as surety or otherwise immunize the Client from any civil rights liability that may result from the
Client's use of the test. FPSI recommends to the Client that a job analysis and validation study would
greatly improve the defensibility of the test(s). FPSI may provide consultation to the Client on a time -and -
charges basis, should its entry-level test be challenged.
2. The right to use FPSI's Test Materials is leased to the Client for the internal use and benefit of the Client
only. The Client agrees not to sell, rent, lease, give, lend, or otherwise disclose or provide the Test Materials
to any other employer or entity, or use the Test Materials for the benefit of any other employer or entity.
Test materials may not be reproduced or copied without the written permission of FPSI. The Client agrees
not to provide, disclose, or otherwise reveal the Test Materials to any persons except the employees of the
Client directly and necessarily involved in test administration and promotional selections. If compromised in
any capacity, the Client agrees to pay all validation expenses associated with the materials compromised.
3. The Client agrees that neither its officers, agents, employees, representatives, nor any persons in active
concert participation with it or them, shall modify, adapt, or alter the Test Materials in any way, or develop
any identical or similar tests without the prior consent, in writing, of FPSI which shall retain the copyright to
all versions of the Test Materials.
4. The Client is responsible for ordering Test Materials at least 10 business days prior to the required day of
delivery by the client. The Client is responsible for the security of all Test Materials during the lease period.
It is understood by the Client that any security breaches may adversely affect FPSI's future ability to license
or lease its Test Materials.
5. The Client agrees to have at least two employees count all written Test Materials and Test Booklets upon
receipt of each and to provide FPSI with email, telephone or facsimile notification within 48 hours of receipt
of any discrepancies between the amount FPSI shipped and the amount the Client received followed by
written notification within five days. If FPSI receives no such notification within the time period specified,
it will be assumed for purposes of this agreement that the Client received a complete shipment as recorded
by FPSI.
6. The Client also agrees to have at least two employees count all Test Materials and Test Booklets being
returned to FPSI, provide FPSI with a written record of the materials being returned and an identification of
those persons who counted them.
7. The Client agrees to pay a 15% Cancellation Fee for the cost of goods or the Base Fee (whichever is more)
and applicable shipping fees if an order is cancelled after the Client has placed a test order with FPSI.
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41)
Fire & Police Selection, Inc.
www.fpsicom • (888) 990-3473
8. The Client's lease costs are based on the options selected by the Client, the base fee, the number of Test
Booklets used, and upon the condition of all materials returned. These charges will be based on current FPSI
Rental/Licensor Rates. There is a $500 Minimum Fee of Client lease costs for all test orders.
9. Rush Order Fee: IF test orders are placed by the Client within 5 business days of day of delivery required by
the client, the Client will be subject to a $350 Rush Order Fee on the final invoice.
10. If the Client purchases a Candidate Orientation Guide .PDF file from FPSI and places the file as a link on
their department or city website, the Client agrees to have the .PDF link removed from their website as soon
as the recruitment has ended. If the Client does not remove the link immediately after their recruitment, the
Client will be charged the original fee, annually, until the link is removed from Client's website.
11. The Client must return all used and unused Test Materials and Booklets preferably via Federal Express
(FedEx®), United Parcel Service (UPS®) or United States Postal Service (USPS--Mail) with LISPS
TrackingrM to FPSI within twenty (20) business days after the test administration and is responsible for the
cost of the return. The Client will be charged the current billable rates for any Test Booklet(s) not returned
within those twenty (20) business days or that are missing any pages or whole booklets. This charge is to
cover the development cost for a replacement test. If you only have access to shipping via the service so all
boxes are tracked during the mailing/shipping process.
12. The Client agrees to pay a 15% Restocking Fee for unused Test Booklets that are being returned. An unused
Test Booklet is one whose seal is not broken. If any unused Test Booklet is damaged from the return shipment
due to lack of proper packing or taping of the box, the Client will pay full price as noted in our price sheet for
each damaged item. The Client will also be charged for shipping of materials (Fed Ex at cost).
13. If FPSI is to score the test, it will typically do so within three (3) business days of receipt of the answer
sheets from the Client, but in no cases more than five (5) business days within receipt of the answer sheets.
FPSI shall provide the client with three viable cutoff options for the test, none of which are binding to the
Client. When possible, FPSI shall conduct and complete an adverse impact analysis and report this
information to the Client in the written recommendation letter. Many clients score in-house.
14. After receiving all Test Materials from the Client FPSI will submit an invoice to include all applicable fees
for the products and services provided. Payment is due on receipt of FPSI's invoice and must be paid in
U.S. Funds. A service fee of one and one-half percent (1-1/2%) per month (eighteen percent [18%] per year)
will be charged on all unpaid balances in excess of thirty (30) days past due.
15. FPSI regularly conducts statistical evaluations of all test items. Occasionally, test administrations will
reveal statistical limitation with the effectiveness or fairness of one or more items on a test administration.
FPSI reserves the right to either remove or "score perfect" such items when they are identified.
16. Should the Client become the subject of any litigation or investigation by state or federal enforcement
agencies arising from the Client's use of the Test Materials, FPSI will provide consultation on a time -and -
charges basis at such hourly rates as may then be current.
Scoring Preference.
Please choose which scoring method is preferred (ONLY Choose ONE below):
FPSI (returning answer sheets for fpsi to score)
XX
Overlay Key (hand score by city/department)
Reference Key (machine score by city/department)
2 1 P a g ell)
Fire & Police Selection, Inc.
www.fpsicom • (888) 990-3473
Optional Candidate Orientation Guide. Please choose which option is preferred (ONLY Choose ONE below):
Purchase Guide (FPSI will provide Client a .PDF file at cost)
XX
$ 1,500
Website Link (Candidates purchase from FPSIs website)
No cost to
Client
Please provide the address where the test materials are to be delivered:
City or Department: City of Miami, Department of Human Resources, Testing & Validation Division
Attention To: Dr. Eyran Kraus or Daily Baez
Address: 444 SW 2 Avenue, Suite 746
City/State/Zip: Miami, Florida 33130
Client Information and Signature
City or Department: City of Miami, City Manager's Office State: Florida
Name: Arthur Noriega
Title: City Manager
Email: anoriega@miamigov.com
Signature:
DocuSigned by:
r
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Date: November 21, 2024 I 10:21:49 EST
3Ii e
Fire & Police Selection, Inc
www.fpsieom • (888) 990-3473
ATTEST:
DocuSigned by:
CD7s6,01frer 1u
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS
DocuSigned by:
atnbrOt. 00(isalA 111
87-76'E9rE882-488...
George K. Wysong III
City Attorney
Signed by:
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THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
I'Tu, r Noritir,
BY: �50eF€C372B 42A...
DocuSigned by:
r
Arthur Noriega
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS
By:
DocuSigned by:
Fralnk Gow�t�j
5CG314E7...
Ann -Marie Sharpe, Director
Department of Risk Management
Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of
which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and
the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement
(whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name
is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other
parties an original signed Agreement upon request.
Olivera, Rosemary
From: Ramlal, Vishwani
Sent: Monday, November 25, 2024 8:43 AM
To: Olivera, Rosemary; Hannon, Todd; Ewan, Nicole; Perez, Juan- Police
Cc: Hardy, Robert C.; Garcia, Aida; Alexandre, Marc
Subject: Matter ID# 24-3094 - Fire & Police Selection Inc Leasing Agreement - Test Materials
Attachments: Firefighter Test Terms and Conditions (FPSI).pdf
Good morning,
Attached, please find the fully executed agreement that is to be retained as an original
by the City.
Thank you,
Vi$16444tb Pasvegt- CUNT/keit MBA
Administrative Assistant I
City of -Miami, Department of Fire -Rescue
Division of Professional Standards
1131 7" Street, 3' Floor
Miami, Florida 33136
Phone: (305': 416-5465
s ramlalerniarrugov.cora
1