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HomeMy WebLinkAboutR-2024-010 Approving Purchase from Fire & Police Selection, INC for Promotional Testing MaterialsRESOLUTION NO. R-2024-010 A RESOLUTION APPROVING PURCHASES FROM FIRE AND POLICE SELECTION, INC. FOR CERTAIN PROMOTIONAL TESTING MATERIALS BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Board of Aldermen approves the purchase of use of fire lieutenant promotional testing materials from Fire & Police Selection, Inc. in the total amount of $880.00 as specified in the attached Quote dated January 25, 2024, and furthermore approves the attached Promotional Test Materials Terms and Conditions of Lease for Test Products FOP 204vB. The Mayor is authorized to sign the agreements on behalf of the City. FURTHER THAT the Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements, and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the day of February 2024. or Kathleen L. Rose ATTEST: Robin Kincaid, ity Clerk Promotional Test Materials Terms & Conditions of Lease Fill-in all information; signature is required. I'mail all Rages tu: hcidi.:a fpsi.com (or fas 916.294.4240). TEST PRODUCT: FOP_205vB Subject to the following terms and conditions, Fire & Police Selection, Inc. (FPSI) hereby agrees to lease to the City of Riverside MO / Riverside Fire Department, MO (Client) the right to use FPSI's Promotional Stock Written Test(s) Materials for their Lieutenant (rank) promotional examination on . The contract is effective when signed by both parties and ends 90 business days following administration of the test(s) by the Client unless extended by written consent of both parties. Under this contract, both parties agree to the following terms and conditions: 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). 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. 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. 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. 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. The Client agrees to pay a 15% Cancellation Fee for the cost ofgoods 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. The Client's lease costs are based on the options selected by the Client, any quoted custom fees, the base fee or base fees for multiple ranks, the number of Test Booklets used, the cost per question (if applicable) 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. Ill, a !1' Fire & Police Selection, Inc. www.fpsi.com • (888) 990-3473 Rush Order Fee: IF test orders are placed by the Client within 5 business days, of required day of delivery by the client, the Client will be subject to a $350 Rush Order Fee on the final invoice. 10. The Client agrees to pay an item appeal fee of $35.00 each for each item on the written exam that may be appealed by the applicants after the written examination. FPSI will review the requested appealed items within five (5) business days. 11. The Client must return all used and unused Test Materials and Booklets preferably via Federal Express (FedEx®) or United Parcel Service (UPS®) 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 gLny Test Booklet(s) not returned within those twenty (20) business days or that are missing aM 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 United States Postal Service (USPS--Mail) you must use the LISPS Tracking TM 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 and/or Study Guides that are being returned. An unused Test Booklet is one whose seal is not broken and any unused Study Guide is one not damage in the return shipment. If any unused Test Booklet or Study Guide 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 the shipping of materials (Fed Ex at cost). 13. Many Clients typically do scoring in-house, however if FPSI is requested to score the test, it will typically do so within five (5) business days of receipt of the answer sheets from the Client. 14. After receiving from the Client the Test Materials, Test Booklets, Key Sheets, FPSI will submit an invoice for the costs and services provided. Payment is due on receipt of FPSI's invoice. 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. Please choose which scoring method is preferred (ONLY Choose ONE below): FPSI (returning answer sheets for fpsi to score) Overlay Key (hand score by city/department) IXX Reference Key (machine score by city/department) z1i1a_ c -ia Fire & Police Selection, Inc. www.fpsi.com .fpsi.com • (888) 990-3473 Please provide the address where the test materials are to be delivered: City or Department: City of Riverside MO Fire Department Attention To: Assistant Chief Jason Snarr Address: 2990 NW Vivion Road City/State/Zip: Riverside, MO.64150 Client Information and Signature City or Department: City of Riverside MO / Riverside Fire Department State: MO c/ Name: �rI2 c.-1 11 Title: e � Email: Or Signature: Date: — �-- Fire & Police Selection, Inc. (FPSI) Date: 02/02/2024 Signature: Name: Stacy Bell, M.S. Title: President 311' a _ e 'f Fire & Police Selection, Inc. wwwfpAcnm • (888) 990-3473 Fire & Police Selection, Inc. 193 Blue Ravine Road, Suite 270 www.fpsi.com / john@fpsi.com 888.990.3473 x111 Dear: David J. Snarr Riverside Fire Department OAssistant Chief of Operations 2990 NW Vlvion Rd Riverside, MO 64150 From: John Ortega FPSI Sales Consultant 193 Blue Ravine Rd. Suite 270 Folsom, CA 95630 FIRE&POLICE SELECTION INC. Quote Date: January 25, 2024 Valid For: 2024 DESCRIPTIONQTY Lease Fee*: One-time Promotional Test, FOP_204vB for Lieutenant 1 PRICE $ 750.00 TOTAL $ 750.00 Test Booklet Fee 5 $ 15.00 $ 75.00 Shipping (estimate) 1 $ 55.00 $ 55.00 Thank you for your utilizing our products and services! SUBTOTAL DISCOUNT SUBTOTAL LESS DISCOUNT Terms & Instructions Check Payments Required; We do not accept credit cards. NET 30 DAYS *Rush Orders Fees may apply and will reflect on final invoice. E:1-3111I11 Quote Total: $ 880.00