HomeMy WebLinkAboutResolution - 6457 - Agreement - Human Performance Systems Inc.- Phyical Testing For Police Officers - 08/12/1999-i - 1 11 _., .
Resolution No. 6457
Aug. 12, 1999
Item. No. 47
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an agreement to develop
and validate physical performance tests for police officers and develop an alternate
scoring system for the City of Lubbock Firefighter test, by and between the City of
Lubbock and Human Performance Systems, Inc., and related documents. Said
agreement is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 12th
A EST:
a barnell
City Iretary
APPROVED AS TO CONTENT:
Mary AndreWs
Director of Human Resources
APPROVED AS TO FORM:
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William de Haas
Competition and Contracts Manager/Attorney
rkb/ccdocs/1999humanperformancesinc.res
August 3, 1999
Resolution No. 6457
AGREEMENT Aug. 12' 1999
Item No. 47
AGREEMENT BETWEEN THE CITY OF LUBBOCK AND HUMAN PERFORMANCE
SYSTEMS, INC. TO DEVELOP AND VALIDATE PHYSICAL PERFORMANCE TESTS
FOR POLICE OFFICERS AND DEVELOP AN ALTERNATE SCORING SYSTEM FOR
THE CITY OF LUBBOCK FIREFIGHTER TEST:
This AGREEMENT, made and entered Into by the HUMAN PERFORMANCE
SYSTEMS, INC. (hereinafter referred to as "HUMAN PERFORMANCE
SYSTEMS/Contractor") and the CITY OF LUBBOCK (Hereinafter referred to as
"CITY") is with reference to the following facts:
WHEREAS, the CITY recognizes the need to develop a valid physical performance
test battery to evaluate candidates applying for Police Officer position and to
establish a validated passing score for'the Firefighter test.
WHEREAS, HUMAN PERFORMANCE SYSTEMS by reason of its specialized
expertise and experience in designing, conducting, and implementing physical
performance tests is especially well-qualified to perform said services, and;
NOW, THEREFORE, HUMAN PERFORMANCE SYSTEMS and the CITY, in
consideration of the covenants and agreements set forth below, hereby covenant
and agree as follows:
1. Term of AGREEMENT/ Compliance with Applicable Laws
The term of this AGREEMENT shall commence fifteen (15) days after both
parties have signed the AGREEMENT. Both parties anticipate that the
AGREEMENT is to have a duration of ten (10) months after it commences.
Contractor shall comply with all applicable federal, state and local laws,
statutes, ordinances, rules and regulations relating to the work specified in
Section 11 of this agreement and any amendments thereto.
II. HUMAN PERFORMANCE SYSTEMS' Services
Police Officer Test Development and Validation
A. HUMAN PERFORMANCE SYSTEMS will conduct a job analysis of
the Police Officer job. The following steps will be undertaken:
1. A preliminary, job review of training materials related to the
Police Officer job and on-site observations and interviews will
be conducted to formulate a task list for Police Officer job.
2. A task inventory will be completed by Police Officer
personnel and the results will be used to develop the physical
tests.
3. A physical abilities analysis will be conducted to identify the
Important physical abilities required to perform the Police
Officer job.
B. Job-related physical performance tests will be developed based on
the job analysis results.
P pGE A
C. HUMAN PERFORMANCE SYSTEMS will conduct a criterion -related
validity study. A criterion measure of job performance will be
developed for use in the validation study.
D. HUMAN PERFORMANCE SYSTEMS will develop a physical
performance test administration manual and train CITY
representatives to administer the tests.
E. HUMAN PERFORMANCE SYSTEMS will provide the CITY with a final
written report which includes all documentation required by the
federal "Uniform Guidelines on Employee Selection Procedures"
(EEOC).
Firefighter Test Validated Passing Score
A. HUMAN PERFORMANCE SYSTEMS will review the previous
firefighter job analysis and test.
B. HUMAN PERFORMANCE SYSTEMS will identify the data needed to
establish a validated passing score for the firefighter test.
C. HUMAN PERFORMANCE SYSTEMS will generate a physical
performance criterion measure to evaluate job performance of
Incumbent firefighters and provide a scoring module for the testing
of incumbent firefighters.
D. HUMAN PERFORMANCE SYSTEMS will analyze the incumbent and
candidate data to establish a passing score for the firefighter test.
E. HUMAN PERFORMANCE SYSTEMS will provide the CITY with a final
written report which includes all documentation required by the
federal "Uniform Guidelines on Employee Selection Procedures"
(EEOC).
III. Facilitation of Contract Work by the City Of Lubbock
Police Officer Test Development and Validation
A. The CITY shall provide a contact person who will serve as a liaison
between HUMAN PERFORMANCE SYSTEMS and the CITY.
B. The CITY shall provide training materials for review by HUMAN
PERFORMANCE SYSTEMS in preparation of the preliminary task
list.
C. The CITY shall provide all demographic information for the fire
department.
D. The CITY shall facilitate the conduct of site visits for gathering of
Information and interviews of incumbents.
E. The CITY shall supply incumbent Police Officer personnel to finalize
the task list and to complete the inventory. This sample of
PAce- 3
Incumbent Police Officer personnel shall be stratified by race, sex,
age, and job tenure.
F. The CITY shall supply incumbent workers and supervisors to assist
In the development of the job performance (criterion) measure to
evaluate the incumbent Police Officer personnel in relation to their
performance on the tests developed in this project.
G. The CITY shall supply test administrators to assist in the collection
of physical performance data for the validation of the Police Officer
test.
H. The CITY shall supply incumbent Police Officer personnel to
participate in the validation study. These incumbents shall be
stratified by race, sex, age, and job tenure.
Firefighter Test Validated Passing Score
A. The CITY shall provide a contact person who will serve as a liaison
between HUMAN PERFORMANCE SYSTEMS and the CITY.
B. The CITY shall provide all previous job analysis and validation data
and reports from the development of the firefighter examination,
along with a description of the test, test setup, equipment used and
the current passing score for the firefighter test.
C. The CITY shall provide all demographic information for the fire
department.
D. The CITY shall provide existing firefighter physical test score data
from the previous validation study and test scores from candidates
who have already completed the test.
E. The CITY shall administer and collect physical performance test and
job performance rating data from a sample of incumbents.
IV. Compensation
Compensation for the project due to HUMAN PERFORMANCE SYSTEMS is
$75,484.00 and shall be paid monthly upon receipt of an invoice based on
labor and other direct costs.
Should the duration of the work to be completed exceed the time frame
stated in this agreement due to delays caused by the City, HUMAN
PERFORMANCE SYSTEMS shall have the right to adjust hourly rates and
the total project cost based on the hourly rates for that current fiscal year.
V. Property Rights in the Work Products
HUMAN PERFORMANCE SYSTEMS agrees that all data, manuals, and
reports that are prepared exclusively for CITY pursuant to this
AGREEMENT, shall be the property of CITY, and CITY may use such
materials in the evaluation of individuals seeking the Police Officer and
Firefighter positions.
P" f y
The CITY hereby acknowledges and agrees that HUMAN PERFORMANCE
SYSTEMS shall retain all copyrights in all original works of authorship
prepared and/or used by HUMAN PERFORMANCE SYSTEMS pursuant to
this AGREEMENT.
In addition, HUMAN PERFORMANCE SYSTEMS hereby grants to the CITY,
subject to CITY's performance of all of its obligations hereunder, an
Irrevocable, non -transferable, paid-up license to use any results and
conclusions based upon HUMAN PERFORMANCE SYSTEMS' study in
evaluating individuals for entry into the Police Officer and Firefighter
positions.
HUMAN PERFORMANCE SYSTEMS also grants to CITY, subject to CITY's
performance of all of its obligations hereunder, an irrevocable, non-
transferable, paid-up license to employ HUMAN PERFORMANCE
SYSTEMS -developed materials in defending any legal challenge to CITY's
evaluation procedures for the Police Officer and Firefighter positions,
where such challenge is based directly upon CITY's use of the HUMAN
PERFORMANCE SYSTEMS -developed materials.
VI. Termination
This agreement may be cancelled by either party upon thirty (30) days
written notice. If so terminated, the CITY will pay at the rate agreed above
for work completed, upon receipt of an invoice.
VII. Insurance Requirements
GENERAL. Contractor shall procure and carry, at its sole cost and
expense through the life of this Contract insurance protection hereinafter
specified below. CITY must approve all policies prior to the
commencement of any activities whether performed by the Contractor,
sub -contractor, agents, or third parties. The Insurance carrier must be an
insurance company authorized to transact business in the State of Texas
and have a Best's Financial rating of A:Vii. A Certificate of Insurance
specifying each and all coverage shall be submitted to City prior to the
execution of this Contract. All insurance shall be prepared and executed
by the insurance company or it's authorized agents and shall contain an
endorsement naming the City of Lubbock an additional insured. Written
notice of cancellation or any material change will be provided thirty (30)
days in advance of cancellation or change. All insurance, other than
Workers' Compensation, shall provide a waiver of subrogation in favor of
the City of Lubbock, and shall contain cross liability and severability
clauses only related to the actions of HUMAN PERFORMANCE SYSTEMS
during the term of this agreement.
REQUIRED COVERAGE. Contractor shall obtain and maintain policies of
Insurance throughout the Contract term in limits specified below.
1. WORKER'S COMPENSATION. The Contractor, if required by
Texas State Law, shall maintain Workers' Compensation and
Employer's Liability insurance coverage as required by
statute.
2. COMMERCIAL GENERAL LIABILITY. The Contractor shall
maintain Commercial General Liability coverage endorsed to
Include premises/operations, contractual liability, and
independent contractors' and completed operations. The
policy shall have a minimum of Five Hundred Thousand and
no/100 Dollars ($500,000) combined single limit in the
aggregate and per occurrence.
3. COMMERCIAL AUTOMOBILE LIABILITY. The Contractor
shall maintain Commercial Automobile Liability coverage with
a minimum of Two Hundred Fifty Thousand and no/100
Dollars ($250,000) combined single for Bodily Injury and
Property Damage and shall include any auto or in the
alternative, owned autos, non -owned autos and hired autos.
4. PROFESSIONAL LIABILITY INSURANCE. The Contractor
shall maintain Professional Liability Insurance coverage with
a minimum of One Million and no/100 Dollars ($1,000,000)
combined single limit In the aggregate and per occurrence.
SUBCONTRACTORS. The Contractor shall require each subcontractor with
whom it contracts to provide activities as contemplated by this Contract, to
obtain proof of insurance coverage as set forth herein, and to provide to
Contractor, prior to such person performing any such activities, a
Certificate of Insurance establishing such coverage.
VIII. Independent Contractor
HUMAN PERFORMANCE SYSTEMS is, and shall be deemed to be, an
independent contractor. CITY's designated agent shall have only such
general authority over the work as is necessary to insure compliance with
the Contract. HUMAN PERFORMANCE SYSTEMS shall not be deemed to
be, nor hold himself out as an agent or employee of the CITY.
IX. Miscellaneous
CAPTIONS. The captions for the articles and sections in this Contract are
Inserted in this Contract strictly of the parties' convenience in identifying
the provisions to this Contract and shall not be given any effect in
construing this Contract.
AUDIT. Contractor shall provide access to its corporate books and records
to the CITY. The CITY may audit, HUMAN PERFORMANCE SYSTEMS
books and records with respect to this Contract between HUMAN
PERFORMANCE SYSTEMS and CITY during the project and for the period
of one year after termination of AGREEMENT.
RECORDS. Contractor shall maintain records that are necessary to
substantiate the services provided by HUMAN PERFORMANCE SYSTEMS.
ASSIGNABILITY. Contractor may not assign this Contract without the prior
written approval of the CITY.
CONSTRUCTION AND VENUE. THIS CONTRACT SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO
THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE
STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL
10 AG F (o
LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS
CONTRACT.
SEVERABILITY. If any provision of this Contract is ever held to be invalid
or ineffective by any court of competent jurisdiction with respect to any
person or circumstances, the remainder of this Contract and the
application of such provision to persons and/or circumstances other than
those with respect to which it is held invalid or ineffective shall not be
affected thereby.
AMENDMENT. No amendment, modification, or alteration of the terms of
this Contract shall be binding unless such amendment, modification, or
alteration is in writing, dated subsequent to this Contract, and duly
executed by HUMAN PERFORMANCE SYSTEMS and the CITY.
ENTIRE AGREEMENT. This Contract, contains the Entire Contract between
the CITY and HUMAN PERFORMANCE SYSTEMS, and there are no other
written or oral promises, conditions, warranties, or representations relating
to or affecting the matters contemplated herein.
PAC -6 7
X. Notices
The following addresses shall serve as the places to which communications, notices,
reports, and deliverable items shall be sent:
HUMAN PERFORMANCE SYSTEMS, INC.'s ADDRESS:
HUMAN PERFORMANCE SYSTEMS, INC.
5000 Sunnyside Avenue, Suite 203
Beltsville, Maryland 20705
ATTN: Deborah L. Gebhardt, Ph.D.
President
CITY's ADDRESS:
City of Lubbock
162513th Street
Lubbock, Tx 79401
ATTN: Mary Andrews
Human Resources
the C,& Cil this 12th day of August 1999.
i
WINDY SI`TTON, MAYOR DEBORAH L GEBHARDT, PRESIDENT
APPROVED AS TO CONTENT:
:2�& az)�
Mary Andre#s
Director of Human Resources
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager/Attorney
PAGE 8
City Manager's Office
InterOffice Memo
To: Victor Kilman, Purchasing Manager
From: Scott Snider, Assistant Director of Human Resources
Date: July 12, 1999
Subject: Agenda Comments - August 12, 1999 Council Meeting
Cc: Mary Andrews, Director of Human Resources
Laura Ritchie, Buyer
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM #/SUBJECT:
# RFP 98198 - Physical Ability Test and Validation for Police.
BACKGROUND/DISCUSSION:
RFP #98198 - Physical Ability Test Validation for Police - This contract is for
development of a Physical Ability Test and validation of the test by determining job
related physical criteria identified by incumbent Police Officers. Once criteria is
identified incumbent officers are tested to determine reasonable cut off scores by
averaging completion times for all categories of officers tested (male, female, etc.).'
The second component of the contract at no extra cost is the re -validation of the
existing Physical Ability Test (Fire Combat Challenge). This will be accomplished by
using similar techniques. Incumbents will be tested to determine an average cut off
score. All categories for Firefighters will be tested (male, female, etc.).
The following five companies submitted proposals and received points from the RFP
Committee:
1. Human Performance Systems, Inc. 387
2. Landy -Jacobs 340
3. CWH Management Solutions 336
PAGE 9
4. Standard & Associates, Inc. 323
5. ARA Human Factors 260
The companies were evaluated and rated on the following Criteria:
• Quality of overall test development
and validation study. 35%
■ Experience in test validation. 25%
■ Staff Qualifications 20%
■ References 20%
The top companies receiving the three highest scores were invited to make oral
presentations and clarify any issues for committee members.
SUM MARY/RECONVAENDATION:
The RFP Committee recommends Human Performance Systems, Inc. for performing
the work outlined in their contract and RFP #98198 proposal response at the cost of
$75,484.
GAScott\Agnda Cmts 98198.doc
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