CM-2022-171 - 7/15/2022Fire & Police Selection, Inc.
193 Blue Ravine Road, Suite 270
www.fpsi.com / john@fpsi.com
888.990.3473 x111
Dear:
W Lisa Pierce -Jones
Assistant Director, Human Resources
ORound Rock Human Resources
221 East Main Street
Round Rock, TX 78664
a
From:
John Ortega
FPSI Sales Consultant
193 Blue Ravine Rd.
Suite 270
Folsom, CA 95630
124�. mg
FIRE& POLICE SELEC7I0N, INC
Quote Date: June 13, 2022
Valid For: 2022
Annual Lease Fee for FACT & PACT -
($250 for Fire, $250 for Police
QTY
1
PRICEDESCRIPTION
$ 500.00
$ 500.00
Test Booklet Fee for FACT & PACT -
(300 each)
600
$ 15.00
$ 9,000.00
Shipping (estimate)
1
$ 200.00
$ 200.00
S -
SUBTOTAL
DISCOUNT
Thank you for your utilizing our products SUBTOTAL LESS DISCOUNT
and services!
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.
9700.00
9700.00
Quote Total: $ 91700.00
City of Round Rock Purchasing
IRCUOIN40 ROCKTEXAS Justification Form
Date:
07/ 11 /2022
Department
Human Resources
Name:
To:
Purchasing
Requestor
Name:
Valerie Francois
Phone
Number:
Instructions: Complete this form for all purchases that will exceed $3,000 and will be exempted from
competition as prescribed in Texas Local Government Code Chapter 252.022. Attach additional
information as needed to support the exemption request.
The City declares the competitive bidding procedures in Texas Local Government Code Chapter 252 to
be exempt for this procurement. This Justification Form is executed and filed with the Purchasing
Division as follows:
1. The undersigned is authorized and certifies that the following exemption is applicable to this
purchase.
Please check the criteria listed below that applies to this purchase request:
❑Sole Source (check one)
❑Items that are available from only one source because of patents, copyrights, secret process, or
natural monopolies.
[]Films, manuscripts, or books.
❑Gas, water, and other utilities.
❑Captive replacement parts or components for equipment
❑Books, papers, and other library materials for a public library that are available only from the persons
holding the exclusive rights to the materials
❑ Goods Purchased for Subsequent Retail Sale
o A procurement of goods being purchased for subsequent resale by the City.
❑ Public Calamity
o A procurement made because of a public calamity that requires the immediate appropriation of
money to relieve the necessity of the municipality's residents or to preserve the property of a
municipality.
Public Health and Safety
o A procurement necessary to preserve or protect the public health or safety of the municipality's
residents.
❑ Unforeseen Damage
o A procurement necessary because of unforeseen damage to public machinery, equipment, or other
property.
11Page
✓ Personal, Professional or Planning Services
o A procurement of personal, professional, or planning services
❑ Other
o Cite the applicable Texas Local Government Code Chapter 252 exemption in the justification box
below.
2. Justification: Describe in detail below why an exemption according to Section 252.022 of the Local
Government Code is being submitted for this purchase. (Attach additional pages if needed)
This is the only testing vendor that is available for fire and police testing services that allows
for on site grading of materials. This is a critical efficiency that is needed to streamline
personnel selection and current hiring issues.
3. Attach and submit the following documentation that supports this justification as applicable.
• Vendor's proposal/quote.
• If sole source a Manufacturer's letter declaring the purchase is sole source and why. The letter
should be no older than 6 months old and signed by an authorized representative on company
letterhead.
4. Because the above facts and supporting documentation the City of Round Rock exempts this
procurement from LGC Chapter 252 and intends to contract with:
Vendor Name: Fire and Police Selection, Inc.
Description:
S. Check the purchase type and fill in the dollar amount and purchase term as applicable
❑This is a one-time purchase request for $
❑✓ This is a term contract request for 12 (# months) in the amount of $ 9,700
Recommended by:
Approved by:
Purchasing Office
Review:
Purchasing Office
Management Review:
Valerie Francois
Requestor
Department Manager, Asst Director, or Director
r v o L. urtstr
Purchaser
Purchasing Manager (over $50,000)
07/11/2022
Date
Date
07/11 /2022
Date
Date
2 1 P a g P
Annual Firefighter and Police Officer Test Materials Terms & Conditions of Lease
Fill-in all information; signature is required. Email all pages to: heidi(a,fpsi.com (or fax 916.294.4240).
FIRE TEST PRODUCT: Firefighter Aptitude and Character Test (FACT)
POLICE TEST PRODUCT: Police Aptitude and Character Test (PACT)
Subject to the following terms and conditions, Fire & Police Selection, Inc. (FPSI) hereby agrees to lease to the
City of Round Rock, Tx (Client) the right to use FPSI's
Entry -Level Fire and Police Written Test(s) Materials for their firefighter and police examinations as ordered during
an annual basis. This lease agreement is effective on July 1, 2022 and concludes on
June 30, 2023_ The first test date the client will begin testing for fire is
July 22, 2022 and for police is Jury 22, 2022 . FPSI will charge a $500 annual
base fee plus costs for test materials, shipping, and scoring if applicable. Under this contract, both parties agree 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 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's lease costs are based on the options selected by the Client and will be determined at the time of
ordering. This includes the annual base fee for entry-level fire or police testing, the used/unused counts, and
upon the condition of all materials. These charges will be based on current FPSI Rental/Licensor Rates.
IIPage-0
Fire & Police Selection. Inc.
www.jpAcom • (888) 990-3473
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 FPS].
8. 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.
9. 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.
10. If the Client requests to do scoring in-house, FPSI reserves the right to invoice for used test materials on a
quarterly basis throughout the term of the annual lease. The Client agrees to report the quantity of used test
materials to FPSI when requested. The Client agrees to pay the annual fee and any shipping accrued once
the annual lease has been signed and the first shipment of test materials has been shipped.
11. If the Client requests FPSI score the tests, it will typically do so within five (5) business days of receip of
the answer sheets from the Client and charge "scoring set up fees" for each scoring session. After each
scoring session during the annual lease, FPSI reserves the right to invoice for any costs or fees accrued.
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.
12. 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.
13. Once the annual lease has expired, the Client must return all used and unused Test Materials and Booklets so
FPSI can invoice for the tests used and the restocking fee for the tests unused. The Client agrees to return
the materials via Federal Express (FedEx®) or United Parcel Service (UPS®) to FPSI within twenty (20)
business days 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 as
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
TrackingTM service so all boxes are tracked during the mailing/shipping process.
14. The Client 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.
15. The Client agrees to pay a 15% Restocking Fee for unused Test Booklets (and Study Guides if applicable)
that are being returned when the lease concludes. An unused Test Booklet is one whose seal is not broken
and any unused Study Guide is one not damaged 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 any
shipping of materials (Fed Ex at cost).
16. 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. 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.
2)Page_e
Fire & Police Selection, Inc.
wwwfpsLcom 9 (888) 990-3473
17. 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 provide the address where the test materials are to be delivered:
City or Department Name: city of Round Rock, Texas
Attention to: Human Resources Department
Address: 211 E_ Main Street
CityiStateiZip: Round Rock, Texas 78664
Client Information and Signature
City or Department:
Name: Valerie Francois
of Round Rock Human Resources Department
Title: Human Resources Director
Email: vrrancois@roundrocktexas.gov
State: Texas
Signature: Date: a�
Fire & Police Selection, Inc. (FPSI)
Date: 07/13/2022
Signature:
Name: Stacy Bell, M.S. Title: President
31Pa ge-0
Fire & Police Selection, Inc.
xnvw, jpsl com • (888) 990.3473
City of Round Rock
UNO ROCK
ITEOXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a lease agreement with Fire & Police Selection, Inc. for the
purchase of annual entry-level firefighter and police officer written test
materials.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/15/2022
Dept Director: Valerie Francois
Cost: $9,700.00
Indexes:
Attachments: LAF - Lease agreement for Fire and Police written test materials - Fire & Police
Selection, Inc. - FPSI, Inc., 2022 Annual FACT & PACT Quote for 600 Booklets,
Purchase -Justification -Form, 2022 Round Rock, TX Annual FACT & PACT Lease
Agreement
Department: Human Resources
Text of Legislative File CM-2022-171
This is a lease agreement for entry-level firefighter and police officer written examinations. This company
was selected because they will allow us to grade onsite to expedite the hiring process and the previous
vendor no longer allows this as an option.
Cost: Not to exceed $9,700.00
Source of Funds: General funds
City at Round Rock page 1 of 1