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CM-12-07-122ROUND ROM. TEXAS CAVI--il" 2.2" RECEIVED JUL 03 2012 City Manager Approval Form Consider executing "Agreement for Consulting Services for Development of Custom Examinations for Item Caption: Firefighter Municipal Civil Service Testing" with Industrial/Organizational, Inc. dba I/O Solutions, Inc. Approval Date: 7/6/2012 Department Name: Fire Department Project Manager: David Coatney Assigned Attorney: Steven Sheets Item Summary: This agreement will provide a job analysis for entry-level firefighter through battalion chief. The job analysis seeks to identify all job tasks that make up a job and the knowledge skills ability and personality characteristics that are required to perform such job tasks. The job analysis is the foundational component of any examination process because it serves to define the knowledge, skills, and abilities. The job analysis when completed will be used to write the examinations questions that will be highly job -relevant, fair, and legally defensible. There will be a 100 question on each examination that can be administered and scored immediately by the City as required by Local Government Code Title 5, Chapter 143 "Municipal Civil Service for Firefighters and Police Officers". No. of Originals Submitted: 2 Project Name: Consulting Services for the Development of Custom Firefighter Civil Services Exams Cost: $39,000.00 Source of Funds: General Fund Source of Funds (if applicable): Select Source Fund Account Number: 5216-100-22000 Finance Director Approval: Cheryl Delaney Department Director Approval: David Coatney Date: 7/3/12 Date: 6/29/2012 **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP I I I I Budget N/A OK 0 0 N/A OK Purchasing El N/A OK Accounting El N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES FOR DEVELOPMENT OF CUSTOM EXAMINATIONS FOR FIREFIGHTER MUNICIPAL CIVIL SERVICE TESTING WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC. dba I/O SOLUTIONS, INC. THIS AGREEMENT is made and entered into on this the ?Pk day of , 2012, by and between the City of Round Rock, a Texas home -rule municipal corp tion, hose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (hereinafter referred to as the "City"), and Industrial Organizational Solutions, Inc. dba I/O Solutions, Inc., whose offices are located at 1127 South Mannheim Road, Suite 203, Westchester, IL 60154-2562 (hereinafter referred to as the "Consultant" or "I/O Solutions"). RECITALS: WHEREAS, City desires to contract for Consultant's services generally described as follows: (1) complete a job analysis process comprised of the methodological elements of job observation/interview sampling and outcomes, job analysis questionnaire development and review, job analysis questionnaire sampling/distribution/analysis, task-KSAP linkage, and essential task and KSAP results; and (2) based thereon, develop and author custom written examinations, in accordance with Local Government Code Title 5, Chapter 143 "Municipal Civil Service for Firefighters and Police Officers," for City's Fire Department entrance and promotional examinations; and WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract for such services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date it has been signed by every party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The initial term of this Agreement shall be for one (1) twelve-month period from the effective date hereof. After that initial term, this Agreement may be extended for successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such extensions, with such extensions to occur on or before the expiration date of the preceding term, and with such 00248523/jkg C,wtv n1- - (22 extensions being absolutely predicated upon the express written agreement of both parties. Such extensions are permitted only provided Consultant has performed each and every contractual obligation specified in this original Agreement. City reserves the right to review this Agreement at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 2.01 CONTRACT AMOUNT, PAYMENT FOR SERVICES In consideration for the professional consulting services to be performed by Consultant, City agrees to pay Consultant in accordance with this section, in payment for services and the Scope of Services deliverables as delineated herein and in attached exhibits. No reimbursable expenses are authorized in this Agreement. Component Cost Entrance Exam Job Analysis Exam Development * Travel/Expenses (1 site visit) ** Driver Exam Job Analysis Exam Development * Travel/Expenses (1 site visit) ** Lieutenant Exam Job Analysis Exam Development * Travel/Expenses (1 site visit) ** Captain Exam Job Analysis Exam Development * Travel/Expenses (1 site visit) ** Battalion Chief Exam Job Analysis Exam Development * Travel/Expenses (1 site visit) * * Total: $ 2,600.00 $ 5,100.00 $ 1,400.00 $ 2,600.00 $ 5,100.00 $ 0.00 $ 2,600.00 $ 5,100.00 $ 0.00 $ 2,600.00 $ 5,100.00 $ 0.00 $ 2,600.00 $ 5,100.00 $ 0.00 $39,900.00 * The Exam Development cost of $5,100.00 shall only be incurred when the City, acting through the Round Rock Fire Chief, orders an exam. The Fire Chief, entirely at his discretion and election, may place an order as needed for any one or more exams at any time during the term of this Agreement. The Exam Development cost shall include either one or two exams (A & B Tests), entirely at the election of the Fire Chief. The $5,100.00 Exam Development cost shall be inclusive of two exams, if so directed by the Fire Chief to be prepared. The $5,100.00 cost shall not be reduced should only one test be directed by the Fire Chief to be prepared. Travel/Expenses (one site visit) shall be performed for all five exams in one comprehensive site visit, and all work to complete the Job Analyses for all five exams shall be done during such one comprehensive site visit. The one site visit shall be made at any time during the term of this Agreement that the Fire Chief schedules said site visit, and such one site visit shall be for three days' duration and shall include, but not be limited to, staff interviews, ride-alongs and observations. The $1,400.00 cost shall include all expenses, and shall be inclusive of all five exams. ** Item Challenge Service $250/hour UO Solutions will provide counsel, deposition and expert testimony services for the purpose of defending the development, validation and administration of selection processes in which it participates, for the following fees associated with such services: Service Expert counsel, deposition or expert testimony provided by a Ph.D. level Industrial/Organizational Psychologist Administrative services related to litigation support Fee $250/hour $25/hour Deductions. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions. No additions shall be made to Consultant's compensation based upon claims, whether paid by City or denied. 3.01 PROPOSAL FOR SERVICES For purposes of this Agreement, Consultant has issued its proposal for services for the tasks delineated therein. Such proposal for services is entitled "Methodology," and comprises pages 88-93 of UO Solutions' "Proposal to Provide Consulting Services for the Development of Custom Firefighter Municipal Civil Service Exams" dated February 2012, and submitted in response to City's Solicitation Number 12-018, Specification Number 12-924-16 dated January 2012. Such proposal for services is appended to this Agreement as Exhibit "A" and is incorporated herein by reference for all purposes. 4.01 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described under this "Scope of Services" category and Exhibit "A." Consultant's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform services in accordance with this Agreement, in accordance with the appended proposal for services, and in accordance with due care and prevailing consulting industry standards for comparable services. Consultant expressly acknowledges and agrees to enter into a Work Made for Hire agreement with City specifying that products and results of Consultant's services hereunder shall be classified as works made for hire, and that such products (including, without limitation) all rights therein and copyright shall belong to and be the sole and exclusive property of City. Consultant expressly acknowledges and agrees that this Agreement is not an exclusive arrangement, and that City has the unfettered right at any time to secure similar or identical services from other sources. Consultant expressly acknowledges and agrees that the required scope of services includes and incorporates Part III Specifications of City's Solicitation Number 12-018, Specification Number 12-924-16 dated January 2012. 5.01 LIMITATION TO SCOPE OF SERVICES Consultant and City agree that the scope of services to be performed is enumerated in Exhibit "A" and herein, and may not be changed without the express written agreement of the parties. Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such to be based solely on criteria accepted by City which may be influenced by but not be dependent on Consultant's work. 6.01 REQUIRED DRAFT REPORTS AND FINAL REPORT Consultant agrees to provide City with any draft reports and a detailed final written report, together with all information gathered and materials developed during the course of work. Consultant agrees to provide City with additional bound copies of the final written report, if and as requested, with the right to make additional copies being at the sole election of City. All copies of the written final report will be to specifications as delineated by City. 7.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT Invoices. To receive payment for services, Consultant shall prepare and submit a series of monthly invoices in a form acceptable to City. Each invoice for professional services shall track the "Scope of Services" category herein, and shall state and detail the services performed, along with documentation for each service performed. All payments to Consultant shall be made 4 on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by City, Consultant shall comply promptly with such request. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. Payment of Invoices. City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 9.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. Offsets. City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 8.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Consultant will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: 5 A. There is a bona fide dispute between City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 10.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Contractor a written notice of termination at the end of its then -current fiscal year. 11.01 TIMETABLES Unless otherwise indicated to Consultant in writing by City, or unless Consultant is unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control, the following timetable structure and deliverable due dates shall apply: not later than twelve (12) months from date of execution hereof, but in reasonable conformity to Consultant's schedule of activities for exam development tendered to City as a requirement of Part III Specifications, 4. Deliverables of City's Solicitation Number 12-018, Specification Number 12-924-16 dated January 2012. 12.01 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement, that being twelve (12) months from the effective date hereof. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 6 13.01 TERMINATION; DEFAULT Termination: It is agreed and understood by Consultant that City may terminate this Agreement for the convenience of City, upon thirty (30) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice City for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this project shall become the property of City upon termination of this Agreement, and shall be promptly delivered to City in a reasonably organized form without restriction on future use, subject to the conditions set forth herein. Should City subsequently contract with a new consultant for continuation of service on the project, Consultant shall cooperate in providing information. Termination of this Agreement shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require City to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the party provides the other party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the parties). If default results in termination of this Agreement, then City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the useable work, and other factors will affect the value to City of the work performed at the time of default. Neither party shall be entitled to any lost or anticipated profits for work terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating party and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require City to pay for any work which it deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement. 7 14.01 NON -SOLICITATION Except as may be otherwise agreed in writing, during the term of this Agreement and for twelve (12) months thereafter, neither City nor Consultant shall offer employment to or shall employ any person employed then or within the preceding twelve (12) months by the other or any affiliate of the other if such person was involved, directly or indirectly, in the performance of this Agreement. This provision shall not prohibit the hiring of any person who was solicited solely through a newspaper advertisement or other general solicitation. 15.01 CITY'S RESPONSIBILITIES Full information: City shall provide full information regarding project requirements. City shall have the responsibility of providing Consultant with such documentation and information as is reasonably required to enable Consultant to provide the services called for. City shall require its employees and any third parties who are otherwise assisting, advising or representing City to cooperate on a timely basis with Consultant in the provision of its services. Consultant may rely upon written information provided by City and its employees and agents as accurate and complete. Consultant may rely upon any written directives provided by City or its designated representative concerning provision of services as accurate and complete. Required materials: Consultant's performance requires receipt of all requested information reasonably necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a comprehensive and detailed information request list, if any. 16.01 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: A. Consultant has the right to perform services for others during the term of this Agreement; B. Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed; C. Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement; D. Consultant or its employees or subcontractors shall perform the services required hereunder. City shall not hire, supervise, or pay any assistants to help Consultant; 8 E. Neither Consultant nor its employees or subcontractors shall receive any training from City in the skills necessary to perform the services required by this Agreement; F. City shall not require Consultant its employees or subcontractors to devote full time to performing the services required by this Agreement; and G. Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 17.01 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by City for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to City's business and any other information which reasonably should be understood to be confidential to City is confidential information of City. Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Consultant is confidential information of Consultant. City's confidential information and Consultant's confidential information is collectively referred to as "Confidential Information." Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party's prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other party's Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Notwithstanding anything to the contrary contained herein, neither party shall be obligated to treat as confidential any information disclosed by the other party (the "Disclosing Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing Party; (2) is released by the Disclosing Party to any other person or entity (including governmental agencies) without restriction; (3) is independently developed by the recipient without any reliance on Confidential Information; or (4) is or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. 9 Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Neither the City nor Consultant will be liable to the other for inadvertent or accidental disclosure of Confidential Information if the disclosure occurs notwithstanding the party's exercise of the same level of protection and care that such party customarily uses in safeguarding its own proprietary and confidential information. Notwithstanding anything to the contrary in this Agreement, City will own as its sole property all written materials created, developed, gathered, or originally prepared expressly for City and delivered to City under the terms of this Agreement (the "Deliverables"); and Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, or other similar information which may have been discovered, created, developed or derived by Consultant either prior to or as a result of its provision of services under this Agreement (other than the Deliverables). Consultant's working papers and Consultant's Confidential Information (as described herein) shall belong exclusively to Consultant. City shall have a non-exclusive, non -transferable license to use Consultant's Confidential Information for City's own internal use and only for the purposes for which they are delivered to the extent that they form part of the Deliverables. 18.01 WARRANTIES Consultant represents that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Consultant shall re -perform any work not in compliance with this representation. 19.01 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of City or of this Agreement, then and in that event City shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re -perform such services to City's satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the cure period set forth herein, then this Agreement may be terminated for default. In no event will Consultant be liable for any loss, damage, cost or expense attributable to negligence, willful misconduct or misrepresentations by City, its directors, employees or agents. In no event shall Consultant be liable to City, by reason of any act or omission relating to the services provided under this Agreement (including the negligence of Consultant), whether a 10 claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive, special or similar damages relating to or arising from the services, or (b) in any event, in the aggregate, for any amount in excess of the total professional fees paid by City to Consultant under this Agreement, except to the extent determined to have resulted from Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service provided hereunder. 20.01 INSURANCE Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term hereof professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Consultant, Consultant shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in the immediately preceding paragraph, including the required provisions and additional policy conditions as shown below. Consultant shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Consultant must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, on -renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. 3. Terms "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and individual members, employees and agents in their official capacities, or while acting on behalf of the City of Round Rock. 11 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any future coverage, or to City's Self -Insured Retentions of whatever nature. 5. Consultant and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. 21.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Compliance with Laws. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the services contracted for herein. Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. 22.01 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for this proj ect. 23.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 24.01 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: 1. Withhold FICA from Consultant's payments or make FICA payments on Consultant's behalf; or 12 2. Make state and/or federal unemployment compensation contributions on Consultant's behalf; or 3. Withhold state or federal income tax from Consultant's payments. 25.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: when delivered personally to recipient's address as stated in this Agreement; or three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: Industrial/Organizational Solutions, Inc. 1127 South Mannheim Road, Suite 203 Westchester, IL 60154-2562 Notice to City: City Manager 221 East Main Street Round Rock, TX 78664 AND TO: City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 26.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas. If legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive jurisdiction and venue shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 27.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Consultant and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 28.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Consultant shall each select a 13 mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 29.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement, through a process of mutual agreement and negotiation, to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 30.01 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner acceptable to City and according to generally accepted business practices. 31.01 GRATUITIES AND BRIBES City may, by written notice to Consultant, cancel this Agreement without incurring any liability to Consultant if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Consultant or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Consultant may be subject to penalties stated in Title 8 of the Texas Penal Code. 32.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 14 33.01 MISCELLANEOUS PROVISIONS Time of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed project schedule may constitute a material breach of this Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Neither City nor Consultant shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Section Numbers. The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original; and all of which, taken together, shall constitute one and the same instrument. City agrees to provide Consultant with one fully executed original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated. INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC. By: Printed Name: )Z.,vva'L1 Title: C_01) I CA) — /uvl� 1/ Date Signed: 15 CITY OF ROUND ROCK, TEXAS By: r 5 N Wood) C. C "Wan g •e... ' Date Signed: FOR CITY, ATTEST: By: 141)6(7/4— Sara L. White, City Clerk FOR CIT A ' PROIVED S TO FORM: By: Stepha L. Sheets, City Attorney SOLICITATION NUMBER 12-018 SPECIFICATION NUMBER 12-924-16 JANUARY 2012 CITY OF ROUND ROCK REQUEST FOR PROPOSAL FOR CONSULTING SERVICES FOR THE DEVELOPMENT OF CUSTOM FIREFIGHTER MUNICIPAL CIVIL SERVICE EXAMS PART I GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified Individual, Firm, or Corporation, hereafter referred to as "Respondent", to provide consulting, development and authoring of the Fire Department's Entrance and Promotional Examinations, herein, "Exams". These customized Exams shall be developed in accordance with Local Government Code Title 5, Chapter 143 "Municipal Civil Service for Firefighters and Police Officers". 2. BACKGROUND: The Fire Department has 122 firefighters that responded to 7,625 calls or events in 2010. The City operates seven (7) fire stations. The City's firefighterss train on various emergency fire services techniques; structure fires, HAZMAT containment, medical emergencies, trench rescue, forcible entries, and high/low angle rescues on an annual basis. Further information can be obtained from the City's Fire Department website located at: http://www. rou nd rocktexas. qov/home/index. asp?page=80 Historically, Exams have been authored internally by staff. This is the City's first effort to outsource the Exam development. 3. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website http://www.roundrocktexas.govihome/index.asp?page=463. 4. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at http://www.roundrocktexas.dov/home/index.asp?pade=463. 5. ATTACHMENTS: The following attachments are herein made a part of this solicitation: Attachment A: Reference Sheet 6. CLARIFICATION: For questions or clarifications of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 jbaggett@round-rock.tx.us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. EXHIBIT "An SOLICITATION NUMBER 12-018 SPECIFICATION NUMBER 12-924-16 JANUARY 2012 7. QUALIFICATIONS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 7.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 7.2. Be firms with familiarity and experience with Civil Service Examinations in the State of Texas. 7.3. Have developed promotional Exams for like sized and type entities within the past three (3) years. 7.4. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 7.5. Provide a representative list of services of a scale and complexity similar to the services being considered by the City. The list shall include the location, client, services provided by your firm, term of services and an owner contact name. 7.6. Identify key project staff, task leaders and sub -contractors along with their expected services to the City for the scope of work on behalf of the firm. Resumes shall be included for each of the individuals and sub -consultants referenced which demonstrate their qualifications to satisfy all the critical and service requirement areas. The City reserves the right to approve or disapprove all sub -contractors prior to any work being performed. 7.7. Provide the name, address, telephone number and E-MAIL of at least three (3) entities applicable to Municipal and/or Government projects that have utilized similar service for at least (two) 2 years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. NOTE: REFERENCE FORM (ATTACHMENT A) PROVIDED. E-MAIL ADDRESSES ARE REQUIRED. 8. BEST VALUE EVALUATION AND CRITERIA: Respondents may be required to make an oral presentation to the selection team to further present their qualifications. These presentations will provide the Respondent the opportunity to clarify their proposal and ensure a mutual understanding of the services to be provided and the approach to be used. All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: 8.1. Purchase price and terms; 8.2. Reputation of Respondent and of Respondent's goods and services; 8.3. Quality of the Respondent's goods and services; 8.4. The extent to which the goods and services meet the City's needs; 8.5. Respondent's past relationship with the City; 8.6. The total long-term cost to the City to acquire the Respondent's goods or services; 8.7. Any relevant criteria specifically listed in the solicitation. 8.8. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 9. AGREEMENT TERM: The terms of the awarded agreement shall: 9.1. The initial term of the resulting agreement shall be one twelve (12) month period from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing. 2 of 7 SOLICITATION NUMBER 12-018 SPECIFICATION NUMBER 12-924-16 JANUARY 2012 9.2. The City reserves the right to review the Respondents' performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 9.3. If the Respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice the respondent of the deficiencies and the respondent shall have thirty (30) days to correct such deficiencies. If the Respondent fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 9.4. If the agreement is terminated, for any reason, the Respondent shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 10. WORK MADE FOR HIRE: If applicable, successful Respondent shall be required to enter into a Work Made for Hire Agreement with the City. The City intends this to be a contract for services and considers the products and results of the services to be rendered to be a work made for hire. The Exams (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City. 11. PRICE INCREASE OR DECREASE: No price increase or decrease to the agreement shall be considered. 12. NO EXCLUSIVE CONTRACT/ADDITIONAL SERVICE: Consultant agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. 13. AWARD: Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http://www.roundrocktexas.gov/home/index.asp?paqe=463. 14. ACCEPTANCE: The City's review and acceptance of Exams for content and applicability should not take more than thirty (30) working days. The vendor will be notified within this time frame if the goods delivered is not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed good may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 15. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 15.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 15.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 15.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 15.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 3 of 7 SOLICITATION NUMBER 12-018 SPECIFICATION NUMBER 12-924-16 JANUARY 2012 16. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 17. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's Agreements, with the consent and agreement of the awarded vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released 1.2. Deadline for questions 1.3. City responses to all questions or addendums 1.4. Responses for solicitation due by 3:00 PM 1.5. Respondent Interviews (if required) February 3, 2012 February 14, 2012 February 21, 2012 February 28, 2012 March, 2012 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART II, Paragraph 1, sub -paragraph 1.3. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexas.qov/home/index.asp?paqe=463. Questions shall be submitted to the City contact named in PART I, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the date noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 2.1. Responses received after this time and date shall not be considered. 2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 2.3. Facsimile or electronically transmitted responses are not acceptable. 2.4. Late responses will be returned to Respondent unopened if a return address is provided. 3. AGREEMENT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process, the City may: 4 of 7 SOLICITATION NUMBER 12-018 SPECIFICATION NUMBER 12-924-16 JANUARY 2012 3.1. Review all submittals and determine which Respondents are reasonable qualified for award of the agreement. 3.2. Determine the Respondent whose submittal is most advantageous to the City considering the evaluation criteria. 3.3. Attempt to negotiate with the most responsive Respondent an agreement at fair and reasonable terms, conditions and cost. 3.4. If negotiations are successful, enter into an agreement or issue a purchase order. 3.5. If not successful, formally end negotiations with that Respondent. The City may then: 3.5.1. Select the next most highly qualified Respondent and attempt to negotiate an agreement at fair and reasonable terms, conditions and cost with that Respondent. 3.5.2. The City shall continue this process until an agreement is entered into or all negotiations are terminated. 3.6. The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most advantageous, or to waive any irregularities or informalities in the submittal received. 4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 4.1. Provide City contact(s) information for implementation of agreement. 4.2. Agreement terms and conditions. 4.3. Identify specific milestones, goals and strategies to meet objectives. PART III SPECIFICATIONS 1. SCOPE OF WORK: The successful Respondent shall develop custom, multiple choice Exams for the following Firefighter positions and modalities in accordance with Local Government Code Title 5, Chapter 143 "Municipal Civil Service for Firefighters and Police Officers": 1.1. Entrance Exam 1.2. Driver Exam 1.3. Lieutenant Exam 1.4. Captain Exam 1.5. Battalion Chief Exam 2. EXAM DEVELOPMENT AND REFERENCE MATERIALS: A job analysis for each position and list of pertinent study references will be provided to the successful Respondent by the City. This combined with the developer's Firefighter interviews and on-site investigations shall be utilized to develop the Exams. 2.1. The consultant will be required to work closely with the City's Fire Department to develop Exams for each position. Said work shall include but not be limited to on-site visits and interviews with crew and staff to assure a comprehensive understanding of the job duties and functions. 2.2. Exams shall be developed with the goal of predicting the success of the candidate in the job. 5 of 7 SOLICITATION NUMBER 12-018 SPECIFICATION NUMBER 12-924-16 JANUARY 2012 2.3. Reference material will be selected by a committee appointed by the Fire Chief and will be provided to the successful Respondent. 2.4. Reference materials shall guide the development of 100 multiple choice Exam questions. 2.5. Only reference materials specified by the City will be permitted for use as reference materials. 2.6. Prior to delivery, successful Respondent shall advise the City of the testing content to justify and explain how the criteria are applicable and defensible. 3. EXAM FORMAT: Exam shall be developed in written, multiple choice format. No computer or video Exam formats shall be accepted. 4. DELIVERABLES: Respondent shall be responsible to delivering the following items upon receipt of Notice to Proceed for Exam development: 4.1. Respondent shall provide City a schedule of activities for Exam development to include site visit schedules(s) and Exam delivery date. 4.2. Respondent shall provide the City a custom, written Exam for each position specified herein by the delivery date established in the subsequent agreement. 5. ADDITIONAL CONSULTING SERVICES: The successful Respondent shall be prepared to serve as an expert witness where legal challenges are made. 6. GRADING: Grading shall be administered by the City. 6.1. Grades will be read aloud to the Firefighters at the time of Exam completion and grading. PART IV SUBMISSION REQUIREMENTS 1. SOLICITATION SUBMISSION REQUIREMENTS: To achieve a uniform review process and obtain the maximum degree of comparability, the responses shall be organized in the manner specified below. Responses shall not exceed thirty (30) pages in length (excluding title pages(s) and index/table of contents, attachments or dividers). Information in excess of those pages allowed will not be evaluated. One page shall be interpreted as one side of a double-spaced, printed, 8 1/2" X 11" sheet of paper. It is recommended that responses not be submitted in ringed binders or metal spirals to conserve cost for both the Respondent and the City. The Respondent shall submit one (1) original signed paper copy and six (6) copies, dearly identified as a "COPY" of its Response. In addition, the Respondent shall submit one (1) CD, each containing a complete copy of Respondent's submission in an acceptable electronic format (PDF, RTF, TXT, DOC, XLS). A complete copy of the response includes all documents required by this Solicitation. The CD shall be titled: "SOLICITATION NUMBER - Complete copy of [Name of Respondent]'s submission." If supplemental materials are included with the response, each CD shall include such supplemental materials. The Response and accompanying documentation are the property of the City and will not be returned. TAB #1 1.1. Title Page (1 page) — Show the solicitation title and number, the name of your firm, address, telephone number(s) name of contact person and date. 1.2. Letter of Transmittal (1 page) — Identify the services for which solicitation has been prepared. 6 of 7 TAB #2 TAB #3 TAB #4 TAB #5 TAB #6 TAB #7 TAB #8 SOLICITATION NUMBER 12-018 SPECIFICATION NUMBER 12-924-16 JANUARY 2012 1.2.1. Briefly state your firms understanding for the services to be performed and make a positive commitment to provide the services as specified. 1.2.2. Provide the name(s) of the person(s) authorized to make representations for your firm, their titles, address, telephone numbers and e-mail address. 1.2.3. The letter of each solicitation shall be signed in permanent ink by a corporate officer or other individual who has the authority to bind the firm. The name and title of the individuals(s) signing the solicitation shall be clearly shown immediately below the signature. 1.3. Table of Contents (1 page) — Clearly identify the materials by Tab and Page Number. 1.4. Previous Performance/Experience — Provide detailed information on firm and team experience with providing consultant services as described in the Scope of Work. 1.4.1. Respondent shall identify the project team and provide statement of qualifications for those individuals to include education, professional registrations and areas and years of service in the respective field. Project team information shall include roles within the organization and anticipated duties for the City. Information provided shall reflect the team and firm experience with all service areas specified herein. 1.4.2. Provide the name, address, telephone number and e-mail of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service for at least (two) 2 years. Include an brief overview of each project with, at a minimum, a short description of the services provided, including costs and methodology used for projects. 1.4.3. Attachment A: Reference Sheet. 1.5. Available Resources and Consultant Location — Provide information on size, resources and business history of the firm. Please indicate the date the firm was founded and number of full time employees on staff. 1.6. Licenses and Certifications — Provide copies of all licenses, certifications, accreditation, and/or permits, which may be required by state, federal, or local law. 1.7. Methodology— Respondent shall define the method and approach to be used in developing Exams as specified herein. Respondent shall provide an overview of their firm's Exam writing experience and statistics such as: 1.7.1. Exam development time requirements 1.7.2. Historical Pass/Fail Rate for other clients 1.7.3. Historical Challenge Rate for other clients 1.8. Sample Exams — Respondent shall provide three (3) sample copies of Civil Service Exams developed for like Fire Departments in the State of Texas. 1.9. Cost Proposal — Respondent shall include a cost proposal to provide services as described herein. Cost proposal shall be value engineered and the break -down shall include a not -to - exceed fee schedule for each aspect of the service. 7 of 7 Proposal to Provide Consulting Services for the Development of Custom Firefighter Municipal Civil Service Exams Solicitation Number: 12-018 Specification Number: 12-924-16 Industrial/Organizational Solutions, Inc. February, 2012 Presented to: City of Round Rock, TX Title Page anc RFP Title: Proposal to Provide Consulting Services for the Development of Custom Firefighter Municipal Civil Service Exams Solicitation Number: 12-018 Specification Number: 12-924-16 Date of Opening: February 28, 2012 This proposal is respectfully submitted to the City of Round Rock, TX. I/O Solutions is a public safety selection consulting firm with ample experience developing, validating and administering selection processes for law enforcement and fire service agencies. This proposal will detail our plans to provide written multiple choice exams for the following Firefighter positions and modalities in accordance with Local Government Code Title 5, Chapter 143 "Municipal Civil Service for Firefighters and Police Officers": Entrance Exam, Driver Exam, Lieutenant Exam, Captain Exam and Battalion Chief Exam. We are committed to providing the highest level of service and the best available products to the City of Round Rock. I/O Solutions has compiled this proposal independently and without collusion. We have endeavored to be completely responsive to your RFP. Please contact us with any questions or for additional information. Fred M. Rafelson, Ph.D., CEO Proposal Contact: Fred M. Rafilson, Ph.D. CEO Industrial/Organizational Solutions, Inc. (d.b.a., I/O Solutions, Inc.) 1127 S. Mannheim Road, Suite 203 Westchester, IL 60154-2562 Fred@iosolutions.org 888.784.1290 fax 708.410.1558 www.iosolutions.org FEIN: 36-3783421 Copyright © 2012, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET THIS PROPOSAL CONTAINS TRADE -SECRET INFORMATION: The Freedom of Information Act, 5 U.S.0 552, generally obligates government agencies to make certain records available to members of the public upon request. FOIA exempts from mandatory disclosure nine categories of information, including documents which contain "trade secrets and commercial or financial information obtained from a person and privileged or confidential." 5 U.S.C. 552(6)(4). The purpose of subdivision 552(b)(4) is twofold — to protect individuals who disclose information to the government from competitive disadvantage and to preserve the confidentiality of information provided by citizens to the government when the information is of a type that ordinarily would not be released to the public. Audio Technical Services, Ltd. v. United States Department of the Army, 487 F. Supp. 779, 781 (D.C., 1 979); Burke Energy Corp. v. United States Department of Energy, 583 F. Supp 507, 510 (D.C. Kan., 1984). In order to be exempt from mandatory disclosure pursuant to subdivision 552(b)(4), information must be (a) relevant to a commercial or financial matter, (b) obtained by the government from a party outside the government and (c) of a confidential or privileged character. National Parks and Conservation Association v. Morton, 498 F2d 765, 766 (D.C., 1974). Since all of the information in this Proposal and related documents concerns the core of I/O Solutions' business and competitive practices and was provided by IOS to the City as part of a proposal in response to an RFP, the Proposal clearly satisfies the first two criteria. The documents satisfy the third criterion because IOS engages in actual competition and will likely suffer substantial competitive injury as a result of disclosure. Id. at 770. Please note that I/O Solutions considers ALL information provided in this proposal document trade secret and we do not authorize the disclosure of this information to any parties outside of the proposal review process without authorization. Copyright © 2012, Industrial/Organizational Solutions, Inc. Ili CONFIDENTIAL — TRADE SECRET Table of Conte Title Page and Letter of Transmittal ii Table of Contents iv Executive Summary 5 Introduction 7 Previous Perfomance/Experience 12 Project Team 34 Management Plan 84 Available Resources and Consultant Location 85 Licenses and Certifications 87 Methodology 88 Sample Exams 93 Cost Proposal 105 Appendix A 106 ■ RFP Addendum Copyright© 2012, Industrial/organizational Solutions, Inc CONFIDENTIAL — TRADE SECRET iv Executive Sum What we will do... Industrial/Organizational Solutions, Inc. (I/O Solutions) is honored to have the opportunity to respond to your Request for Proposal. This proposal will outline our plan to develop custom written multiple choice exams for the following Firefighter positions and modalities in accordance with Local Government Code Title 5, Chapter 143 "Municipal Civil Service for Firefighters and Police Officers": • Entrance Exam • Driver Exam • Lieutenant Exam • Captain Exam • Battalion Chief Exam Specifically, I/O Solutions plans to use a content validation approach to the development of highly job -relevant, fair and legally defensible 100 question examinations that can be administered and scored immediately by the City as required by Chapter 143. How we will do it... Job Analysis Job analysis is the thorough investigation of the elements of a job. Generally, a job analysis is more extensive than a job description, which seeks to describe a job in summary/highlight form. The job analysis seeks to identifyall job tasks that make up a job and the knowledge, skills abilities and personality characteristics (KSAPs) that are required to perform such job tasks. The job analysis is the foundational component of any examination process because it serves to define the knowledge, skills and abilities that can be assessed by selection tools. In short, the job analysis is the basis by which we can demonstrate evidence of content validity. For this project, a detailed review of the existing job analyses will first be conducted for each of the five target positions. These reviews will be supplemented by in-depth interviews and job observations. Written Examinations The entry-level examination is a tool designed to measure the specific knowledge, skills and abilities needed prior to entering training for a given job. Results of the job analysis will be used to determine the content areas from which fair and valid examination questions can be written. The promotional job knowledge examination is a written tool that is specifically designed to assess essential, job-related knowledge. To this end, exam questions will be drawn from relevant, job-related sources of knowledge. The job knowledge promotional exams will be supported by content validity evidence. This evidence will be established through a thorough linkage of essential knowledge areas identified in the job analyses to the measureable dimensions of the exams, and through subject matter expert involvement in the development of the exam plan and review of exam items. Copyright © 2012, Industrial/Organizational Solutions, Inc. 5 CONFIDENTIAL — TRADE SECRET All exam items will be created by our unparalleled item/technical writing team. I/O Solutions technical writers have advanced degrees in writing and are extensively trained, mentored and led by Ms. Karen Steiger, M.S., our Senior Technical Writer/Manager of Technical Writing, who has been with I/O Solutions for over a decade and has devoted her professional career to writing public safety examinations that measure relevant job-related content areas. Ms. Steiger has personally created over 200 entry-level and promotional examinations for public safety agencies and has overseen the development of countless others developed by her staff. Further, our technical writers are responsible for responding to candidate challenges and upholding the reliability of the exams. For anyone who has watched candidates sit through a 2 '/z hour long, 100 item, written exam and worked through a challenge process and then air their concerns regarding each specific item, it becomes abundantly clear that the critical role of written exam item development is the backbone of a successful and fair promotional process. Dr. Rafilsons' insistence on maintaining a highly educated and experienced team of technical writers exam is why I/O Solutions has an unblemished litigation history. Who we are... I/O Solutions is the nation's leading provider of the services you have requested, We work with some of the largest and most notable agencies in the country as well as many small and mid-sixed agencies. With an unblemished litigation record — extending all the way up to the U.S. Supreme Court, we are committed to promoting diversity and fairness through our assessments. We have a staff of six Ph.D. level I/O psychologists and 16 other team members that can ensure we will deliver what we promise. We have decades of combined experience and the resources of a successful 15 year old firm available to dedicate to this project. You can be sure that there is no risk involved when you work with our company, unlike many of our competitors that are staffed by only one or two individuals and lack the capabilities needed to work with large and demanding agencies. We have developed and administered many public safety examinations in Texas in accordance with the Local Government Code Title 5, Chapter 143 "Municipal Civil Service for Firefighters and Police Officers" and are quite familiar with the code. We can demonstrate the defensibility of our fire service examination processes and ensure that your process can be upheld. In 2009, the United States Supreme Court, in Ricci v. DeStefano, ruled that the City of New Haven was required to use the results of Fire Lieutenant and Captain promotional examinations developed by I/O Solutions due to the overwhelming amount of exam validity evidence. This project, led by our CEO and Founder, Dr. Fred Rafilson, helped to cement our firm's reputation as the nation's leader. Our in-depth knowledge and direct association with this landmark ruling enables us to provide unparalleled insights on test fairness issues. Copyright © 2012, Industrial/Organizational Solutions, Inc. 6 CONFIDENTIAL — TRADE SECRET Introduction Industrial/Organizational Solutions, Inc. (I/O Solutions) is a public safety human resources consulting firm that specializes in personnel selection; the development, validation and administration of police, corrections and fire service entrance, physical ability and promotional examinations. I/O Solutions has been providing personnel selection consulting services since 1997 and is incorporated under the laws of the state of Illinois. I/O Solutions is headquartered in Westchester, IL. I/O Solutions is highly qualified to provide the services discussed in this proposal. We are considered the premier public safety assessment firm in the nation as evidence by a few notable events within the past few years: ■ We recently experienced a remarkable legal victory. The United States Supreme Court, in Ricci v. DeStefano, ruled in June 2009 that the City of New Haven was required to use the results of Fire Lieutenant and Captain promotional examinations developed by I/O Solutions due to the overwhelming amount of evidence of exam validity. In their ruling, the high court noted that our exams were "painstakingly developed to test relevant material." That promotional testing process, as well as every process I/O Solutions develops, was overseen by Dr. Fred Rafilson. Our other staff involved in that process included: Amy K. Nowaczyk, M.S. and Kendra Palmer, M.S., who conducted the job analysis and wrote the technical reports; Karen M. Steiger, M.S., our Senior Technical Writer/Manager of Technical Writing, who wrote the multiple choice written examination and responded to candidate challenges; Mr. George Dunne, who acted as the subject matter expert and Brian O'Sullivan, M.S., our Vice President of Consulting Services who developed the structured oral interview questions and rating criteria. In addition, when this case went to trial, our staff provided depositions, under the careful guidance of I/O Solutions' statistician and legal counsel, Dr. Alan King of Littler Mendelson. Our in-depth knowledge and direct association with this landmark ruling enables us to provide valuable insights on test fairness issues. ■ I/O Solutions has also been recognized as having the best entry-level firefighter selection tool in the nation. An independent firm was hired by the City of Chicago to evaluate all commercially available firefighter examinations. After identifying and inspecting nine of the top exams in the nation and then conducting a local validation study for the two superior options, the firm selected I/O Solutions exam as the most valid and fair exam available. The City of Virginia Beach engaged a similar investigation and I/O Solutions exam was again selected as the nation's best firefighter selection tool. ■ In 2007 we worked with the City of Buffalo, NY to develop an entry-level police officer examination that satisfied the scrutiny of the US Department of Justice, which oversees the selection process pursuant to a court order that governed the city's testing practices. Having achieved a successful outcome, in early 201 1 we began work with Buffalo again to build another entry-level testing process. Copyright © 2012, Industrial/Organizational Solutions, Inc. 7 CONFIDENTIAL — TRADE SECRET • Since 1996, I/O Solutions has hosted an annual Police and Fire Testing Summit to provide public safety leaders and human resources personnel with a deeper understanding of recruitment, entry-level testing and promotional assessment topics. Hundreds of police and fire executives and human resources personnel, from around the nation attend this annual event to enhance their understanding of complex assessment issues. We understand the gravity of the decisions you make in hiring and promoting personnel. Having worked with over 1000 public safety agencies throughout the United States and Canada, we are very familiar with the challenges you face in the area of human resources. We know this because we face the same challenges. Not only are we a human resources consulting firm, we are also a national test publishing firm offering over 30 published entry-level and promotional exams and assessments. Our company was founded based on a desire to develop exams and assessments that obtain the highest levels of validity, but are more fair and Tess adverse that those that are typically used throughout this industry. In addition, we are a third - party recruitment and hiring firm that provides human resources services to public safety agencies. We provide guidance in advertising and recruitment efforts, provide and process internet-based job applications, administer entry-level and physical ability tests, develop/conduct oral interviews and provide psychological evaluations and polygraph services. Our unparalleled experience in these areas renders us uniquely qualified to assist you in all aspects of personnel selection. Our expertise and attention to state-of-the-art test development methodology is one of the reasons that I/O Solutions remains one of the only major public safety consulting firms with an unblemished litigation history. In addition to our psychometric and test publishing capabilities, our firm has demonstrated a great deal of expertise in the litigious environment surrounding law enforcement and fire service personnel selection. Our firm works closely with the most prestigious employment law firm in the nation — Littler Mendelson. With nearly 400 attorneys in 28 offices nationwide, Littler Mendelson is the largest law firm in the United States practicing exclusively in employment and labor law, representing management. Our principal, Dr. Fred Rafilson, has served as an expert for the U.S. Department of Justice Employment Litigation Division in police and fire employment testing cases, he has served as an expert for numerous state and municipal public safety agencies, and as an expert for the defense of a test validation and adverse impact class action suit filed against a prominent Fortune 100 company. Finally, you can be confident in the soundness of our services because we adhere closely to professional guidelines that control the quality and precision of the tools we develop and employ. All of our products and services adhere strictly to the following legal and professional guidelines: • Federal Uniform Guidelines on Employee Selection Procedures. • Recent court cases affecting the interpretation of the Uniform guidelines. • Principles for the Validation and Use of Personnel Selection Procedures (Principles), published by Division 14 of the American Psychological Association. • Standards for Education and Psychological Testing published by the American Educational Research Association, and the National Council on Measurement in Education. • Guidelines & Ethical Considerations for Assessment Center Operations published by the International Task Force on Assessment Center Guidelines. Copyright() 2012, Industrial/Organizational Solutions, Inc. 8 CONFIDENTIAL — TRADE SECRET • Civil Rights Acts of 1964 and 1991. • The Americans with Disabilities Act. • Standards published by CALEA (Commission on Accreditation for Law Enforcement Agencies). • International Fire Service Training Association (IFSTA). • State laws, local ordinances and contract (i.e., TX Title 5, Chapter 143). There are a number of qualities and practices that set I/O Solutions apart from our competitors. The qualities that make I/O Solutions different have to do with our desire to deliver an exceptional, technically superior work product while developing strong relationships with our customers. This is easy to say, but it is a guiding principle that we put into practice everyday. Our existing clients can attest to this difference and we encourage you to contact them and ask them how I/O Solutions is different from other consultants they have worked with in the past. Following is a brief overview of the common differences that our clients have noted about our work and our approach to client relationships: • Our approach to serving your agency... We enter into a project with an expectation of implementing a specific best -practice methodology; however, we understand that every client has unique constraints and conditions that must be carefully considered in determining the proper selection system design. Local laws, rules and procedures may cause us to alter our course. Also, there are often conventions that affect testing practices that cannot be easily changed or adapted. This is why we place a high value on conducting an initial kick-off meeting to learn about our client's particular situation and to consider the specific goals and expectations. This meeting is critical to ensure that we deliver a successful and beneficial service. In short, we deliver best -practice solutions that are tailored to your location and specific situation. Many of our competitors have stock processes that they are not willing to adapt. Many selection systems are simply not built in consideration of local conditions and the end result is a frustrating experience and a mediocre assessment process. • Our approach to mitigating adverse impact... Disparities between racial and gender groups are an unfortunate reality with many conventional, valid testing methods. A deep understanding of testing formats and expected outcomes, and steps that can be taken to minimize disparities is of the utmost importance. I/O Solutions has been at the forefront of innovative and proven methods of reducing disparities. Many of our competitors downplay the reality of disparate impact and offer misleading information to marginalize the reality of disparities. For example, many use cognitive ability tests or cognitive -loaded assessments that will result in large disparities, but by significantly lowering the cut-off score of the assessment they are able to claim that the test has no adverse impact (no significant disparity in passing rates). The reality is that while passing rates may not differ significantly, the disparity still exists in that minorities are not present in the upper portion of the rank -ordered list. In effect, the agency will not experience diversity in the hiring process. At I/O Solutions we seek to educate you on the nuances of disparate impact and aid you in designing processes that actively seek to mitigate disparities among protected classes of individuals. Copyright© 2012, Industrial/Organizational Solutions, Inc. 9 CONFIDENTIAL — TRADE SECRET • Our approach to ensuring reliability... Reliability is the degree to which an assessment process assigns a candidate an accurate score — a score that is a true indicator of their level of ability or proficiency. If a selection process is unreliable, this means that the scores are essentially meaningless. Achieving reliability requires a number of careful steps and considerations. Some of these include the rating criteria by which candidates are graded, the mode of administration, the degree of fidelity, careful and thorough training of assessors, standardization of the process, etc. Over the last decade, I/O Solutions has honed valid systems that seek to maximize test reliability. We believe in the merits of using dynamic role-play scenarios in assessment centers, using professional actors instead of police officers or firefighters, using subject matter experts to carefully review rating criteria, allowing ample time for training assessors, and developing scales and exercises that allow for standardization across panels when multiple panels are used. These practices increase reliability. Many of our competitors routinely engage in testing practices that hamper reliability. For example, using video -based scenarios to which candidates respond is a low -fidelity, non - interactive solution that lowers reliability. Likewise, using firefighters and police officers to play complex acting roles during assessment centers lends to unreliability because these individuals, while well-intentioned, often are not able to play a role consistently and accurately over the course of an entire day. One of the most harmful practices that we see is failing to develop comprehensive, accurate rating criteria to guide the rating of oral interviews and assessment centers. Many consultants do not invest the necessary time with subject matter experts to carefully define excellent performance within an agency and then to implement this as the standard that candidates are judged against. It is unfortunately common for consultants to tell the assessors that "you know what good performance looks like and you should judge candidates against your standard." Reliability is a critical psychometric consideration and I/O Solutions designs each process to ensure the most reliable outcome. • Our attention to the important details... Lawsuits are won and lost on the details. A thorough job analysis, involvement of subject matter experts, and a careful demonstration of the link between job analysis data and each test component are critical factors in demonstrating content validity evidence. Likewise, a local criterion -related validation study or transportability analysis is critical to every entry-level testing process. I/O Solutions was able to prevail in the Ricci v. DeStefano (New Haven) Supreme Court Case because of our attention to such details. Often these critical test design elements are neglected or inadequately accomplished. We encourage you to carefully review consultants' litigation records. • Our approach to administering testing processes... Many consultants place the burden of administering a testing process on your agency. We approach every process as if it is ours. We desire to manage the test administration process and to leverage our significant experience to account for every detail and ensure a flawless process. Your agency should not be required to provide the entire administration staff, print materials, supply pencils, design room layouts or manage the administration process. We feel Copyright © 2012, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 1.0 that it is important that the consultant manage the development and implementation of a testing process and ensure that every step of the process is successful. • Tailored Solutions The key to developing a highly valid and relevant selection process is to tailor it to your specific needs. I/O Solutions does not use the same solution for every client. We take great care in working with you to identify your needs and then customize exams and assessments that best meet those needs. Our work sets us apart - we deliver something that was created for your agency. In an industry that is laden with canned assessments and boilerplate material, our innovative, state-of-the-art selection tools stand out. • Environmental Initiatives I/O Solutions is committed to improving the global environment through proactive efforts to use environmentally conscious materials and off -set earth -polluting carbon emissions. We currently fund clean energy and efficiency projects, at our own cost, to off -set the carbon emissions generated by our nationwide business travel. We view this as both a responsible business action and an opportunity for leadership among the national business community. There are numerous other areas in which I/O Solutions excels, but we trust that our current clients will make those differences apparent to you as you contact them to learn about the benefits of working with I/O Solutions. Our primary goal is to help you make better decisions and ensure a defensible process. You will find that we partner with you to make this happen. We look forward to the opportunity to work with you! Better Decisions, Defensible Practices, Rewarding Partnerships. SOLUTIONS Copyright © 2012, Industrial/Organizational Solutions, Inc. 11 CONFIDENTIAL — TRADE SECRET ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 12-018 RESPONDENT'S NAME:Industrial/Organizational Solutions Inc. DATE: 2.9.12 Provide the name, address, telephone number and point of contact of at least three (3) firms applicable to Municipal andlor Govemment projects that have utilized similar service for at least two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Tide of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number Austin, TX Fire Department Barry Cook Civil Service Administrator Barry.Cook@ci.austin.tx.us 505 Barton Sprinqs Road - Suite 600 Austin, TX 78704 ( 512 ) 974.3312 Fax Number: ( Fort Worth, TX Fire Department Sandra Burks sandra. burksnfortworthgov.org 1000 Throckmorton St Fort Worth, TX 76102 ( 817 ) 392-7779 Fax Number: ( 817 ) 871-8869 Carrollton, TX Fire Department Chrystal Davis Civil Service Administrator Chrystal. Davis(a7cityofca rrol lton.co m 1945 E. Jackson Road Carrollton, TX 75006 ( 972 ) 466.4917 Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Copyright() 2012, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 12 ProjectTeam The I/O Solutions' team for this project consists of highly experienced and recognized leaders in the field of industrial/organizational psychology, employment testing and public safety human resources consulting. In addition to this highly skilled project team, I/O Solutions relies on the assistance of numerous technical advisors in the areas of law enforcement, fire service and legal issues. The following tables introduce the project team -members, followed by general biographical information about each member's experience. Project Staff Team Member Fred M. Rafilson, Ph.D. CEO Qualifications Industrial/Organizational psychologist and owner/founder of I/O Solutions. Project Role Project director John V. Harnisher, Ph.D. President Industrial/Organizational Psychologist Project director Allan King, Ph.D., J.D. Statistician/litigation consultant Statistician/Employment Attorney Legal counsel Brian J. O'Sullivan, Ph.D. (ABD) Vice President of Consulting Industrial/Organizational Psychologist Project director David L. Blitz, Ph.D. Senior Psychometrician Industrial/Organizational Psychologist Psychometrician Nahren Ishaya, M.S. Project Manager Industrial/Organizational Psychologist Project manager Emily Landem, M.S. Project Manager Industrial/Organizational Psychologist Project manager Amanda Eibes, M.S. Project Manager Industrial/Organizational Psychologist Project manager Meghan Anderson, M.S. Project Manager Industrial/Organizational Psychologist Project manager Karen Steiger, M.A. Manager of Technical Writing Trained in English/Technical Writing Technical writer Melissa Kramer, M.A. Technical Writer Trained in English/Technical Writing Technical writer Brooke Robb, M.A. Technical Writer Trained in English/Technical Writing Technical writer Reese -Anna Baker, M.A. Technical Writer Trained in English/Technical Writing Technical writer Anna Coyle -Taylor, M.A. Technical Writer *T Trained in English/Technical Writing Technical writer his team is supported by a staff of project associates, Job analysts, interns and administrative personnel. Following is a chart presenting our current organizational structure. The organizational chart is followed by brief biographies for our primary project management team. Copyright© 2012, Industrial/Organizational Solutions, Inc CONFIDENTIAL — TRADE SECRET 34 • ministrative Service 0 Vice President u Q) � u • c U1 CQ LL E 2 fff • rmatio Testing Services Manager IT Director Vice President of Consulting IT Associates (2) Administrative Staff Project Managers (4) Senior Psychometrician Project Associates (3) u a h a o� W N C o W H W o est .4 O Q ph, LL Z 200 Management I/O Solutions project management system is simple and effective. As a single Corporation, we employ a large team of Industrial/Organizational Psychologists who serve as project managers/consultants. From this team, a single individual is identified to manage the day-to-day responsibilities associated with a given project/client. While there is one point of contact in order to simplify the communication process between client and consultant, there is also a team of individuals available to support the project and multiple consultants who are familiar with the project status. Following is an overview of the tenets of our project management system: I. Sole Point -of -Contact: A single, primary consultant/project manager is designated to head a project. This ensures a consistent source of information for the client and simple, effective lines of communication. This individual will be available by email, office phone and cell phone on a regular basis. A secondary contact person will also be designated should the agency have an urgent need to contact someone at I/O Solutions to discuss the project. 2. Team Support: While a single person is managing the project, that person is supported by a large team of consultants, technical writers, project assistants, job analysts, and administrative staff to ensure that the necessary manpower is always available to accomplish the job at hand. The project manager will leverage this assistance to accomplish the proposed project plan according to the stated schedule. The project manager is responsible for quality control measures and for transfer of all project deliverables. I/O Solutions maintains one of the largest professional staffs in the public safety selection consulting industry, allowing us meet your agencies needs with a great deal of flexibility and responsiveness. 3. Director Oversight: The project manager is supervised by the Director of Consulting, who ensures that all timelines are met and all project works meets our high standards. The Director of consulting regularly meets with project managers to discuss project progress and strategies. We constantly analyze and evaluate our methodologies in a `group think' setting to ensure an efficient, effective and state-of-the-art solution. 4. Planning and Scheduling System: Weekly planning and coordination meetings ensure that work is efficiently allocated and project managers are on schedule and capable of devoting the necessary time to any given project to achieve a satisfactory result. Copyright © 20I 1, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 84 Available Reso Industrial/Organizational Solutions, Inc. (I/O Solutions) is a public safety human resources consulting firm that specializes in personnel selection; the development, validation and administration of police, corrections and fire service entrance, physical ability and promotional examinations. I/O Solutions has been providing personnel selection consulting services since 1997 and is incorporated under the laws of the state of Illinois. I/O Solutions is headquartered in Westchester, IL. We have 22 full-time employees. I/O Solutions is the nation's leading provider of the services you have requested, We work with some of the largest and most notable agencies in the country as well as many small and mid-sixed agencies. With an unblemished litigation record — extending all the way up to the U.S. Supreme Court, we are committed to promoting diversity and fairness through our assessments. We have a staff of six Ph.D. level I/O psychologists and 16 other team members that can ensure we will deliver what we promise. We have decades of combined experience and the resources of a successful 15 year old firm available to dedicate to this project. You can be sure that there is no risk involved when you work with our company, unlike many of our competitors that are staffed by only one or two individuals and lack the capabilities needed to work with Targe and demanding agencies. We have developed and administered many public safety examinations in Texas in accordance with the Local Government Code Title 5, Chapter 143 "Municipal Civil Service for Firefighters and Police Officers". I/O Solutions is highly qualified to provide the services discussed in this proposal. We are considered the premier public safety assessment firm in the nation as evidence by a few notable events within the past few years: ■ We can demonstrate the defensibility of our fire service promotional processes and ensure that your process can be upheld. In 2009, the United States Supreme Court, in Ricci v. DeStefano, ruled that the City of New Haven was required to use the results of Fire Lieutenant and Captain promotional examinations developed by I/O Solutions due to the overwhelming amount of exam validity evidence. This project, led by our CEO and Founder, Dr. Fred Rafilson, helped to cement our firm's reputation as the nation's leader. Our in- depth knowledge and direct association with this landmark ruling enables us to provide unparalleled insights on test fairness issues. ■ I/O Solutions has also been recognized as having the best entry-level firefighter selection tool in the nation. An independent firm was hired by the City of Chicago to evaluate all commercially available firefighter examinations. After identifying and inspecting nine of the top exams in the nation and then conducting a local validation study for the two superior options, the firm selected I/O Solutions exam as the most valid and fair exam available. The City of Virginia Beach engaged a similar investigation and I/O Solutions exam was again selected as the nation's best firefighter selection tool. Copyright © 2011, Industrial/Organizational Solutions, Inc CONFIDENTIAL — TRADE SECRET 85 We understand the gravity of the decisions you make in hiring and promoting personnel. Having worked with over 1000 public safety agencies throughout the United States and Canada, we are very familiar with the challenges you face in the area of human resources. We know this because we face the same challenges. Not only are we a human resources consulting firm, we are also a national test publishing firm offering over 30 published entry-level and promotional exams and assessments. Our company was founded based on a desire to develop exams and assessments that obtain the highest levels of validity, but are more fair and less adverse that those that are typically used throughout this industry. In addition, we are a third - party recruitment and hiring firm that provides human resources services to public safety agencies. We provide guidance in advertising and recruitment efforts, provide and process internet-based job applications, administer entry-level and physical ability tests, develop/conduct oral interviews and provide psychological evaluations and polygraph services. Our unparalleled experience in these areas renders us uniquely qualified to assist you in all aspects of personnel selection. Our expertise and attention to state-of-the-art test development methodology is one of the reasons that I/O Solutions remains one of the only major public safety consulting firms with an unblemished litigation history. In addition to our psychometric and test publishing capabilities, our firm has demonstrated a great deal of expertise in the litigious environment surrounding law enforcement and fire service personnel selection. Our firm works closely with the most prestigious employment law firm in the nation — Littler Mendelson. With nearly 400 attorneys in 28 offices nationwide, Littler Mendelson is the largest law firm in the United States practicing exclusively in employment and labor law, representing management. Our principal, Dr. Fred Rafilson, has served as an expert for the U.S. Department of Justice Employment Litigation Division in police and fire employment testing cases, he has served as an expert for numerous state and municipal public safety agencies, and as an expert for the defense of a test validation and adverse impact class action suit filed against a prominent Fortune 100 company. Finally, you can be confident in the soundness of our services because we adhere closely to professional guidelines that control the quality and precision of the tools we develop and employ. All of our products and services adhere strictly to the following legal and professional guidelines: • Federal Uniform Guidelines on Employee Selection Procedures. • Recent court cases affecting the interpretation of the Uniform guidelines. • Principles for the Validation and Use of Personnel Selection Procedures (Principles), published by Division 14 of the American Psychological Association. • Standards for Education and Psychological Testing published by the American Educational Research Association, and the National Council on Measurement in Education. • Guidelines & Ethical Considerations for Assessment Center Operations published by the International Task Force on Assessment Center Guidelines. • Civil Rights Acts of 1964 and 1991. • The Americans with Disabilities Act. • Standards published by CALEA (Commission on Accreditation for Law Enforcement Agencies). • International Fire Service Training Association (IFSTA). • State laws, local ordinances and contracts. Copyright © 2011, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 86 Methodology This section of the proposal provides our detailed plan to develop custom written multiple choice exams for the following Firefighter positions and modalities in accordance with Local Government Code Title 5, Chapter 143 "Municipal Civil Service for Firefighters and Police Officers": • Entrance Exam • Driver Exam • Lieutenant Exam • Captain Exam • Battalion Chief Exam Job Analysis Job analysis is the thorough investigation of the elements of a job. Generally, a job analysis is more extensive than a job description, which seeks to describe a job in summary/highlight form. The job analysis seeks to identify all job tasks that make up a job and the knowledge, skills abilities and personality characteristics (KSAPs) that are required to perform such job tasks. The job analysis is the foundation piece of a selection process because it serves to define the knowledge, skills and abilities that can be assessed by selection tools. In short, the job analysis is the basis by which we can demonstrate evidence of content validity. To begin the job analysis, I/O Solutions will interview a sample of job incumbents for the target position. The sample will be stratified to ensure that a representative number of minorities and females are interviewed. Incumbents will be questioned about critical tasks, daily routines, essential job knowledge, critical skills and abilities, job challenges, critical job incidents, etc. In addition to interviewing incumbents, we will observe them doing their jobs. I/O Solutions will also interview a sample of supervisors to gain an additional perspective concerning job duties and responsibilities. Based on information obtained during the interviews/observations, I/O Solutions will develop a comprehensive job analysis questionnaire (JAQ). The JAQ contains a list of all potential tasks and KSAPs that are associated with the job. This questionnaire will be completed by a sample of incumbents to gain information about the nature of the job. Incumbents will rate each task or KSAP as to its importance (how important successful completion of the task is to the job) and frequency (how often the task is performed). Specific scales will be used to make these ratings. Prior to its administration, 110 Solutions will request that a group of subject matter experts (SMEs) who supervise the target position review the JAQ to ensure that it accounts for all job tasks and KSAPs, uses familiar language and is organized in a meaningful way. After obtaining feedback and making any necessary revisions, I/O Solutions will coordinate the administration of the JAQ. Copyright © 2011, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 88 The JAQ will be administered to a large sample of incumbents. Incumbents will receive the JAQ along with a computer -scannable answer sheet on which ratings will be collected. We will ask the department to coordinate the completion of the JAQs and direct incumbents to turn the JAQ into a supervisor within approximately two weeks. At the end of this period, all JAQs will be returned to I/O Solutions for analysis. JAQ data gathered from incumbents will be analyzed to identify those tasks and KSAPs that are essential to the target job. This will be done by combining the "importance" and "frequency" ratings. Generally, the ratings given to any task or KSAP will be weighted using the following formula: .666(importance rating) + .333(frequency rating). This formula will yield an "essentiality" rating. All those tasks and KSAPs with a high enough essentiality rating will be considered essential job tasks and will be used to define the target job. Using the list of essential job tasks and KSAPs, I/O Solutions will engage a process to Zink essential tasks to the KSAPs that are required to accomplish these tasks. This linkage process will ensure that the job tasks are related to specific, measurable knowledge areas and KSAPs that can be assessed using conventional tests and assessments. Essential KSAPs will later be used as the basis for developing written exams, structured assessments, assessment centers or other types of selection tools. The KSAPs will define the measurable dimensions of each selection tool. The job analysis process will yield a comprehensive list of essential job tasks and KSAPs. A report will be completed to outline the methodology used during the job analysis and to summarize the outcomes and ratings of the job analysis process. This report will document the following methodological elements: • Job observation/interview sampling and outcomes • Job analysis questionnaire development and review • Job analysis questionnaire sampling, distribution and analysis • Task-KSAP linkage • Essential task and KSAP results Entry Level and Promotional Job Knowledge Examination Development and Validation The entry-level examination is a tool designed to measure the specific knowledge, skills and abilities needed prior to entering training for a given job. Results of the job analysis will be used to determine the content areas from which fair and valid examination questions can be written. For the entry-level examination, content areas for item development will be developed from the job analysis study. It is anticipated that those content areas might include: Copyright © 2011, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 89 • Verbal Comprehension — The ability to understand language, either written or spoken. • Verbal Expression — The ability to use language (either oral or written) to communicate information or ideas to other people. • Problem Sensitivity — The ability to recognize or identify the existence of problems. • Deductive Reasoning — The ability to apply general rules or regulations to specific cases or to proceed from stated principles to logical conclusions. • Inductive Reasoning — The ability to find a rule or concept that fits the situation. • Information Ordering — The ability to apply rules to a situation for the purpose of putting the information in the best or most appropriate sequence. • Mathematical Reasoning — The ability to reason abstractly using quantitative concepts and symbols. • Numeric Facility — The ability to manipulate numbers in numerical operations. The promotional job knowledge examination is a written tool that is specifically designed to assess essential, job-related knowledge. To this end, exam questions will be drawn from relevant, job-related sources of knowledge (Le., text books, policy, rules, law, etc.). The job knowledge exam will be supported by content validity evidence. This evidence will be established through a thorough linkage of essential knowledge areas identified in the job analysis to the measureable dimensions of the exam, and through subject matter expert involvement in the development of the exam plan and review of exam items. Exam Plan and Reference List Development The first step in the development of a written job knowledge exam is the identification of the knowledge areas that should be assessed by the exam and the source, or reference materials from which this knowledge can be drawn. An I/O Solutions' consultant will review the target job description/job analysis to identify those knowledge areas that should be assessed by the written exam. I/O Solutions will provide a recommendation as to the knowledge areas that should be assessed. At this point, I/O Solutions can work with department subject matter experts to identify appropriate sources to assess the suggested knowledge areas, or the department can independently recommend sources that assess the suggested knowledge areas. The following table identifies common knowledge areas that are assessed by fire service written examinations: Copyright © 2011, industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 90 General Category Fire Service Exams Technical Knowledge Fireground Tactics Building Construction Hoseline Operations Ladder Operations Safety and Survival Incident Command Management Knowledge Supervision Administration Leadership/Motivation Internal Sources Policy, Procedure, or Operating Guidelines Collective bargaining agreement Once sources are selected from which to draft examination questions, it is necessary to create an exam plan that identifies the percentage of items that will be drawn from each source/knowledge area, the specific content that will be focused on, and the information that will be provided to candidates in the reference/study list. A subject matter expert (SME) meeting will be arranged to review these recommendations and finalize the selection of knowledge areas and sources/references. During this Exam Plan Development Meeting, SMEs will be asked to assist in identifying the relative importance of the knowledge areas that will be assessed by the exam. These ratings will be used to establish the number of items that will be drafted to assess specific knowledge areas. In addition, SMEs will review reference/source materials and assist in identifying the chapters and sections that are most relevant for the target position. This step will ensure the test is as job-related as possible and will allow candidates to focus specifically on essential information contained in study materials. In short, this meeting will allow department subject matter experts to ensure that the exam plan and the candidate study/reference list meet their expectations. Following the Exam Plan Development Meeting, I/O Solutions will generate the final exam study list that will contain a list of sources that will be used to create the exam and the specific chapters/sections that candidates should review. This list will be submitted to the department for distribution to eligible candidates. I/O Solutions will also produce a candidate preparation document that provides helpful strategies for study and preparing for the written examination. This document can be distributed to candidates or posted on the agency website. *Note: The department may wish to develop the reference list on their own. In this case, 110 Solutions will be charged with ensuring that essential knowledge areas are being assessed via the chosen reference list. I/O Solutions may also still need to work with SMEs to identify the specific chapters and sections of source material from which to draw exam items. Copyright © 201 I, Industrial/Organizational Solutions, Inc CONFIDENTIAL — TRADE SECRET 91 Question Development and Review I/O Solutions technical writers have advanced degrees in writing and are extensively trained, mentored and led by Ms. Karen Steiger, M.S., our Senior Technical Writer/Manager of Technical Writing, who has been with I/O Solutions for over a decade and has devoted her professional career to writing public safety examinations that measure relevant job-related content areas. Ms. Steiger has personally created over 200 promotional examinations for public safety agencies and has overseen the development of countless others developed by her staff. Further, our technical writers are responsible for responding to candidate challenges and upholding the reliability of the exams. For anyone who has watched candidates sit through a 2 %z hour long, 100 item, written exam and worked through a challenge process and air their concerns regarding each specific item, it becomes abundantly clear that the critical role of written exam item development is the backbone of a successful and fair promotional process. Dr. Rafilsons' insistence on maintaining a highly educated and experienced team of technical exam writers is why I/O Solutions has an unblemished litigation history. Using the detailed examination plan that was developed, I/O Solutions team of highly -trained technical writers will draft exam questions from the identified source materials. Our technical writers take particular care in identifying the most important topics and concepts from source material and drafting questions that are highly job-related. In addition, the technical writers will draft questions of varying degrees of difficulty to ensure that the test is able to discriminate between candidates' levels of job knowledge. Approximately 125 questions will be drafted based on the examination plan. These questions will later be reviewed and distilled down to the best 100 questions. Each question will be drafted in multiple-choice format. Once test questions are developed, an I/O Solutions' consultant will review each item to ensure that it is job-related, in-line with the exam plan and is free from any apparent bias. The development of good test items is a critical element to the success of any job knowledge exam. For this reason we take care to make sure the following criteria are met: • Focus on essential information: Our item writers comb sources to identify truly job- related, important information from which to draft questions. • Multiple-choice test items: 'Scan -form' style testing is efficient and easy to score but it has a potential weakness — if candidates can identify the correct response through deductive reasoning then they are demonstrating deductive reasoning ability rather than demonstrating the desired knowledge. This is why it is critical that answer options be well constructed and that there are enough answer options such that the candidate does not a stand a reasonable chance of guessing the right answer. True/false formats are simply insufficient. All tests should have at least four answer options. • One correct response: We carefully craft questions such that there is one correct response and the remaining responses are incorrect. • Avoidance of negatively worded stems/response options: Negatively worded questions and answer options are confusing. In order to ensure that we are measuring knowledge in a straight -forward manner, we try to avoid the use of negatively worded items. • Avoidance of overly complex stems/response options: Again, we want questions to be simple and easy to understand. For this reason we avoid confusing or overly lengthy questions. Copyright© 20I I, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 92 • Avoidance of "all of the above" or "c and d" style answer options: This style of questioning is generally overused and tends to reduce the psychometric quality of a test. I/O Solutions will work with the department to assemble an SME panel to review test questions. The purpose of this review is to ensure that test questions are of high quality and to collect SME rating to support the validity of the test and to enable the determination of an appropriate test cut-off score. SMEs will be asked to review each item and offer any pertinent feedback/suggestions. In addition, SMEs will provide a Content Validity Ratio (CVR) Rating and an Angoff Rating. The CVR rating will provide evidence of the degree to which the content of the test mirrors critical content of the job. The Angoff Rating will identify the difficulty of each test item, thus indicating the overall difficulty of the exam. The Angoff process allows for the selection of a cut-off score that equates to minimally qualified levels of job knowledge. While this review is optional, the data collected during this process is highly valuable to the defensibility of the written exam. We recognize that agencies are often required to use a pre -determined cut-off score. In these cases, the Angoff process is still appropriate but must be used in a different manner. As a matter of legal defensibility, it is necessary to demonstrate that a cut-off score, even if mandated, equates to minimally qualified job knowledge levels. In a case where an agency is required to use a 70 percent cut-off score, for example, I/O Solutions will work toward selecting test items whose composite Angoff score is approximately 70 percent. In this manner, the cut-off score will be in-line with the test's difficulty level. Data from the item review meeting will be used to select the 100 test questions that will be included in the written exam. These questions will be professionally compiled into a test booklet. Questions from the same source material will be grouped together under a title heading such that candidates are aware of where the item was drafted from as they take the test. I/O Solutions will produce all necessary test booklets and scannable answer sheets. Exam Scoring, Results Generation and Analysis I/O Solutions will create an exam specification for the written exam that identifies the correct answer for each item, the source citation from which the question and correct answer are drawn and the knowledge area that the question assesses. Item Challenges Our technical writing team is available to handle item challenges on the promotional exams. Typically, we experience less than a 2% challenge rate on our items. Pass Rates Historically, we experience approximately a 30% failure rate on our examinations. Copyright() 20I I, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 93 Sample Exams Given the confidential nature of our client's examinations, we absolutely can not provide sample exams for your review in an open proposal situation. Even if we were to indicate that the exams are confidential, there is an unacceptable risk that they may, under the Freedom of Information Act, be released. We understand that the City would like to review sample examinations and are willing to provide them under secure conditions. If the City so desires, we will provide a confidentiality agreement for each individual who will be reviewing the examinations and then gladly provide the materials for review. We hope you understand the need for absolute test security — we would insist on it for your exams as well. On the following 10 pages are detailed information about our stock entry-level and promotional exams for the fire service. This information is provided to give you a feel for the quality of our examination products. Copyright © 2011, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 94 2 and ovQr roc fl mens-'iolated titles canftr'ls.nt many technical and logistical cffaICongdr, but you and your staff were well= equipped to overcome the many obstadeg encountered from the Initial job analysis, through the delivery of final test scores. ? 3 —Daniel Hill, Assistant Director Selection Services, State of New Jersey, Department of Personnel Copyright() 2011, Industrial/Organizational Solutions, Inc CONFIDENTIAL — TRADE SECRET The essence of I/O Solutions Helping you better serve your community by hiring and promoting high caliber indviduals who are ready to "make a dfference" — thats the essence of I/O Solutions. As the nation's leading public safety human resources consulting firm, I/OSolutions consultants have developed implemented and validated assessment programs for over 1,000 public safety agencies, located in over 40 of the 50 states and Canada Today these programs include police, corrections, fire and emergency medical service promotional and entry-level assessments, includng tests specifically designed for specialty positions such as dspatchers and investigators. Understanding the needs of the public safety dient At I/OSolutions we continually grapple with pudic safety selection issues that challenge you every day, so we understand your concems tom the inside out Many of our public safety clients came to us while struggling to meet the demands of the U.S. Department of Justice. Developing appropriate solutions has made us keenly aware of the steps that must be taken to ensure the validity, reliability, fairness and defensibility of every exam nation process. I/O Solutions was formed by experts in the fields of public safety assessment and psychometric theory to offer the highest possible quality consulting services and personnel testing programs to agencies and departments like yours. 95 Mission statement Over many years of devdoping and implementing testing programs kr pubic safety agencies VO Solutions has developed an exceptional level of evertise that ensures the perception of integrity, fairness and credbifity of the testing process to candidates that sit br our exams and assessments Cur cper sting philosophy includes the following three components Fairness Each individual assessed or tested must have the same opportunity to perform to the best of their abiities here must be no suggestion of prejudice in any of our examination or assessment components due to an indrviduaf s gender, ethnicity or religion. Relevance Each of our exams and assessments is based on a detailed understanding of the essential tasks that job incurrbents must perform VO Solutions products and services are designed to accurately predict a candidate's hkelilsood of success on the job Affordability We befeve that we mist provide our products and services in an affordable fashion without sacrificing the effectiveness or quality of our materials Customization Is key to superior products I/OSolutions has succeeded in helping numerous law enforcement agencies meet the accreditation requirements of the Con -mission on Accredtation of Law Enforcement !genes (CALEA) through the development ofjob anahyss programs and implementation of valid and reliable eyaminations. We also routinely develop customized programs for fre service and correctional agencies. Professional I/O Solutions consultants work hand-in-hand with some of the largest public safety agencies in the nation to customize state-of-the- art selection systems. Our training as psychologists and psychometricians, coupled with our knowledge of the public safety human resources field, allows us to hit the ground running We come to your agency already knowing what many of our competitors have to learn on your lime. New online capabilities put you at the forefront of technology In order to save you time, paperwork and expense, I/O Solutions now offers a state- of-the-art application that allows you to administer any of our exams on your own computers via the Internet This new convenience provides you with immediate purchase of exams administration and score reporting. Achieving better selection outcomes Our informed and unique perspective will allow you to establish critical job-related assessment criteria and then uncover the skills, abilities and personality attributes of those candidates who are ready to serve your agency and your community more effectively. The success of I/O Solutions is measured by our ability to enhance your performance. The reason we URI this promise is simple—I/O Solutions consistently delivers results that earn our clients' trust Copyright © 2011, Industrial/organizational Solutions, Inc CONFIDENTIAL — TRADE SECRET Extensive publI safety. selection knowledge and ea perfenee..z, • A dedicated, team of professional psydiologists, psychorvetrldans and assessment specialists. • A comprehensivechoice of up-to-date examinations and assessment vehicles. • State-of-the-artonline examinations give your agency a tedlnologicd edge and provide you with Inmedate results. • Fully customized job analysis and selection programs. • A sense of urgency and commitment to serve you In a roamer that will enhance your performance and exceed your expectations. 3 96 inE' jJ € methods lf4 Solutions is at the forefront of this movement with products & services that are highly effective, affordable and defensible. 4 Copyright© 2011, Industrial/Organizational Solutions, Inc CONFIDENTIAL — TRADE SECRET Going beyond the cognitive exam Until recently, agencies have relied on cognitive examinations (.e., reading writing mathematics, etc) as the sole assessment device before sendng candidates on to the more costly and time-consum ng processes such as oral boards, psychological evaluations, background investigations, etc Unfortunately, while cognitive examinations are in -portant, they fall short in their ability to select a truly qualified group of canddates This is especially true as the focus of public safety agencies turns increasingly toward an attitude of public service and problem solving Who is more likely to succeedt As is always the case, tracitional cognitive exams tend to produce a list that is very heavily concentrated with scores in the 90-100 range, with many ties at the top scores. This creates a dlemma for personnel selection, as there is no way to dfferentiate between individuals at the top of the list Ultimately this deterrr nation can be made through the addtional steps mentioned above (oral boards, background investigations, psychological evaluations, etc), but this is a costly and time-consuming process. In addition, many well-qualified and highly -motivated individuals never get the chance to "show themselves" on a traditional cognitive exam With the examinations I/O Solutions has developed we effectively provide a way to dfferentiate between individuals by adcing a personality variable into the total score, which goes far beyond traditional, cognitive measures. 97 Avoiding adverse Impact against protected Basses of Individuals Adverse impact against protected classes of indviduals caused by the use of cognitive examinations often reaches unacceptably high levels. While some test developers have tried to overcome this problem with the use of biographical data components as a supplement to the cognitive portions of the examination, this 'biodata' is plagued with many of the same problems as the cognitive data in that it correlates highly with the cognitive scores (.e, does not add any additional information) and also results in high levels of adverse impact The reason for this finding is that "biodata" responses are a function of a candidate's social and environmental experiences as opposed to being an accurate gauge of their valid job-related attitudes and personality characteristics. The identification of numerous social and environmental biases has caused a recent movement away from the collection of 'biodata' in the psychometric and testing community. The psychologsts at VO Solutions, because of their training as psychometricians, coupled with extensive knowledge of the public safety human resources field, have developed examinations that we unmatched in effectiveness. In fact because we indude a personality component our entrance examinations are literally twice as effective as any other currently on the market thereby allowing agencies to select candidates who are significantly more likely to be favorably rated on expensive, time-consuming psychological evaluations and baclvround checks. No wonder, then, that over 1,000 public safety agencies have chosen to rely on I/O Solutions for their testing needs. Our consultants have worked with some of the largest agencies in the nation, and have developed innovative hiring programs that have not only reduced adverse impact against protected classes of individuals, but have actually increased levels of test validity and selection utility to previously unobtainable levels Copyright© 2011, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET rcan. Job-retatec perG.nantj traits motivation and attitudes,tfiereby Providing a more conlpretienslve evaluation.This allow.# you to make more accurate hiring dedsfons. • Because our exams are developed using the latest state-of-the-art psychometric techniques, they are not only more accurate than traditional examinations but also non-discrlminatory and exceed all professional and federal guidelines. • We provide a full range of entry-level eicaminatlons for law enforcement, corrections, fire and emergency medical service employee selection. • Our consultants' extensive public safety selection knowledge and experience guarantees the success of your hiring programs. 5 98 level eicarii r12UUons. — • Saves Money by dramatically reducing falltre rates en interviews, badcground checks, Polygraph examinations, psychological evaluations and other costly employment hurdles. • Displays little to no evidence of adverse Impact against protected dasses of Individuals. 8 Copyright © 2011, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET As your agencys administration well knows, fire depatments need to hire people who are not only smart but also able to workwith a diverse group of people, tolerate stress effectively and have a positive attitude about their jobs, For this reason, the NFSI also consists of both a cognitive and a personality component Because NFSI scores contain both cognitive and personality components, canddates who score at the top of the list typically are much more likely to be successful in additional hiring components such as oral -board interviews, background checks, psychological evaluations, etc, as well as on the job, than candidates ranked solely on the basis of a cogiitive score. Following are the ability areas and personality diaacteristics measured by the NFSI. These areas of measurement were chosen based on extensive firefighter job analysis. Problem solving abilities General mental or cognitive ability; ability to effectively deal with routine or unusual situations that can present themselves on thejob; ability to anticipate situations and to generate alternate pians of action. This component of the NFSI also indudes questions measuring the following job- related abilities Verbal comprehension The ability to understand language, either written or spoken, Verbal expression The ability to use language (either verbal or written) to communicate information or ideas to other people. Problem sensitivity The ability to recognize or identify the existence of problems 99 Deductive reasoning The ability to apply general rules or regulations to spedfic cases or to proceed from stated principles to logical conclusions. Inductive reasoning The ability to find a rule or concept that frts the situation. Information ordering The ability to apply rules to a situation for the purpose of putting the information in the best or most appropriate sequence. Mathematical reasoning The abikty to reason abstractly using quantitative concepts and symbols Numeric fadlity The ability to manipulate numbers in numerical operations. Fireflghter orientation Attitudes and personality characteristics that are necessary to effectively interact with both coworkers and the public. This component of NFSI also includes questions measuring the following job-related personality characteristics: Stress tolerance The ability to deal with The on-the-job stressors of work as a firefighter. Team orientation The ability to function within the dynamic of the firefighter position; the ability to work effectively with others. Motivation/attitude The ability and desire to cany out the duties of a firefighter to the best of ones ability, to strive to maintain a positive attitude about the job. How the NFSI works Just like the NCJOSI (criminal justice officer exam), when a final score is computed, it is actually a composite of both cognitive and personality scores. This allows us to produce a single test score that increases test validity tremendously because you now have two relatively uncorrelated predictors represented in the test score. An additional benefit is that not only will those who pass have the requisite cognitive abilities for the job, they will also be much less likely to fail the psychological evaluations and background checks We have found that failure rates on psychological evaluations are typically reduced by at least 50% for candidates who have passed this exam. Obviously this represents a tremendous cost savings to the agency that far outweighs the initial per -applicant cost of the test Also, the adverse impact of the cognitive section is greatly reduced when the personality component is added to the score. What you have is a test with twice the valicity of the typical entrance exam and very low adverse impact As mentioned earlier, these exams are a test developer's dream and something that our project tears has discussed and researched for years. As the test has been administered in departments throughout the nation, we have found that results typically include reasonable failure rates (i.e., 30%-40%) with adverse impact ratios at or above .E10. The NFSI is available in multiple forms and consists of 155 items with an administration time of 2'/a hours. Test purchase includes User's Manual, answer sheets, test scoring, reporting and statistical analysis. Copyright © 201 I, Industrial/Organizational Solutions, Inc CONFIDENTIAL — TRADE SECRET NFSI Examination Booklets* $15.00 each — includes • Users Manual • Next -day test scoring and reporting • Adverse impact analysis • Cutoff score/statistical analysis NFSI Study Guides (optional)** $4.00 each ▪ NFSI users •MI only be billed for the actual number of tests administered All unused test booklets must be returned within 60 days to avoid invoicing. All test booklets must be returned for scoring and reporting. s* Study Guides may not be returned for credit 9 I00 Introduction I/O Solutions offers a full line o f promotional examinations that are valid for supervisory ranks within law enforcement and fire service agencies. Whether you need an o f f=the-shelf product or a customized assessment solution, we can help you create an efficient ficient cost-effective promotion! process. 18 Copyright() 2011, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET Considerations In developing a promotional process The key to designing an effective promotional process is to thoroughly consider what skills, abilities and attributes contribute to successful job performance as a supervisor in your agency. Clearly, candidates must possess specific job Imowledge to demonstrate that they are suited for a promotion. Written exams assess job knowledge such as tactical and procedural information, management and supervision principles, leadership theory and application, and ethical considerations However, pubic safety departments also need to consider a candidates oral and written communication skills, decision- making skills, judgment, problem sensitivity, organization sitills leadership presence, ethics/integrity, and other important variables that greatly affect a persons ability to succeed in a command rank position. While traditional job -knowledge written exams are valid selection tools they are not typically sufficient to be used alone for making promotional decisions Agencies need to seek out addtional tools that gauge attributes traditional job -knowledge examinations cannot tap In other words, public safety agencies need to employ multiple selection methods that give a more comprehensive view of the candidate's motivation and abilities. A tested and proven approach As the nations leadng public safety testing firm I/O Solutions is experienced in developing and implementing promotional processes and systems that enable public safety agencies to make the best possible employment decisions Our assessment specialists, psychologists and psychometricians work closely with you to determine what attributes we essential for successful performance within a specific rank and to develop a proti do to assess these attributes. Off-the-shelf and customized programs I/O Solutions offers off-the-shelf and customized assessments and examinations. Our examinations are dstinct from traditional job -knowledge tests in that they are primarily based on situational I0I In 2009 the United States Supreme Court affirmed the use of I/O Solutions' promotional assessments, finding them fair, valid and nondiscriminatory. In this landmark decision, the high court noted that the exams were "painstakingly developed to test relevant materials." scenarios. These types of quesiors require that canddates carefully consider how to act in a specific situation rather than demonstrate rote memorization skills Our assessment centers, interactive role-plays, written exercises and promotional oral -board interviews serve as valid evaluations of ability and enure that only the most qualified and skilled canddates will be promoted VO Sdutions offers written promotional examinations for both law enforcement (First -Line Supervisor, Midde Manager & Upper Command ranks) and fire service (Supervisor I and Supervisor II) promotional processes Our law enforcement promotional examnation series offers the option of preparation materials bound into a custom-made sourcebook that con -piles references from five national law enforcement texts irito a single volume — saving your canddates hundreds of dollars. In addtion, we provide eran1nations for promotions into the spedalized positions of fire driver/engineer and law enforcement investigator. These content -valid exams were developed with the help of police chiefs, fire chiefs and command rank public safety personnel throughout the country. VVe also offer a complete line of assessment center components, includng written exercises, interview questions, interactive role-play assessments, in -baskets, tactical exerdses and more These exercises are outstandng tools for evaluating critical leadership and managerrwt skills that cannot be adequately measured using traditional exams I/O Solutions has years of experience developingcustorrNzec4 agency -specific promotional programs for agencies throughout the nation and will be happy to do the sane for you We can create written exams based on materials and resources that your agency specifies, role-play and tactical exercises that focus on relevant departmental or city/town issues, and interview programs that help you assess your candidates' essential job- related skills and attributes We can score all promotional exams and addtional assessment components in-house and provide indvidual candidate reports and selection recommendations. Please contact us with questions concerning how we can help to develop an effective promotional system for your department. Copyright© 2011, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET • Our offerings include both off-the-shelf products and customized, agency -specific components. • Our written promotional examinations are distinct from traditional Job knowledge tests In that they are primarily based on situational scenarios. • Law enforcement preparation materials bound Into a new custom-made sourcebook that compiles references from five national law enforcement texts Into a single volume available exclusively from I/O Solutions. Purchasing this complied resource can save your promotional candidates hundreds of dollars compared to the cost of purchasing each of the texts individually. • We offer a complete line of assessment center components for both law enforcement and fire service promotions. 'These components can be used alone or combined Into a comprehensive assessment center process. • Our consultants' extensive experience allows us to provide you with a cost-effective promotional process that enables you to Identify the best candidates for your critical supervisory positions. 19 102 In 2009 the United States Supreme Court affirmed the use of I/O Solutions' promotional assessments, , ^,=" aid! finding them fair, valid and -!_ ,. , � , � ti nondiscriminatory. In this landmark decision, the high court noted that the exams ; ;� were "painstakingly developed to test relevant materials." �'i scanarios. These types of questions require that canddates carefully consider how to act in a specific situation rather than demonstrate rote memorization skills Our assessment centers interactive role-plays written exercises and promotional oral -board interviews serve as valid evaluations of ability and enaire that only the most qualified and skilled candidates will be promoted UO Solutions offers written promotional examinations for both law enforcement (First -Line Supervisor, Midde Manager & Upper Command ranks) and fire service (Supervisor I and Supervisor II) promotional processes Our law enforcement promotional examination series offers the option of preparation materials bound into a custom-made sourcebook that con -piles references from free national law enforcement texts into a single volume — saving your canddates hundreds of dollars In addition, we provide examinations for promotions into the specialized positions of fire diner/engineer and law enforcement investigator. These content -valid exams were developed with the help of police chiefs, fire chiefs and command rank public safety personnel throughout the country. We also offer a complete line of assessment center corrponents, including written exercises, interview questions, interactive role-play assessments in -baskets tactical exerdses and more These exercises are outstanding tools for evaluating critical leadership and management skills that cannot be adequately measured using traditional exams I/O Solutions has years of experience developing custorrued agency -specific promotional programs for agencies throughout the nation and will be happy to do the same for you We can create written exams based on materials and resources that your agency specifies role-play and tactical exerdses that focus on relevant departmental or city/town issues and interview programs that help you assess your candidates essential job- related skills and attributes. We can score all promotional exams and additional assesaa neat components in-house and provide indvidul candidate reports and selection recommendations. Please contact us with questions conceming how we can help to develop an effective promotional system for your department. Copyright © 201 I, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET • Our offerings Include both off-the-shelf products and customized, agency -specific components. • Our written promotional examinations are distinct from traditional lob knowledge tests In that they are primarily based on situational scenarios. • Law enforcement preparation materials bound into a new custom-made sourcebook that compiles references from five national law enforcement texts into a single volume available exclusively from I/O Solutions. Purchasing this compiled resource can save your promotional candidates hundreds of dollars compared to the cost of purchasing each of the texts Individually. • We offer a complete line of assessment center components for both law enforcement and flre service promotions. These components can be used alone or combined Into a comprehensive assessment center process. • Our consultants' extensive experience allows us to provide you with a cost-effective promotional process that enables you to identify the best candidates for your critical supervisory positions. I9 103 • Our fire; service supervisor exannInsUons are exceptional job -knowledge assessments that an be used for promotions into both first -fine and upper-level supervisory positions. • These promotional examinations are based on the most current and relevant fire service texts and manuals dealing with firefighting prindples and tactics, supervision, building construction and fire scene management • These examinations can be used alone to develop a rank -ordered list of eligible candidates for promotion, they can be combined with additional promotional assessment components, or they can be incorporated Into a full-scale assessment center. Copyright © 2011, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET Fire Service Supervisor Examinations The Fire Service Examinations are designed to assess essential job knowledge related to supervisory positions in the fire service. The consultants at I/O Solutions have worked with command -rank fire personnel from around the country to identify critical knovrledge areas that are related to successful performance and popular fre service texts and training materials that do an excellent job imparting this laiowledge. I/O Solutions has created three levels of supervisor exams Company Officer I, Company Officer II and Chief Officer. Al three exams assess the same basic knowledge areas but at differing levels of complexity. The primary areas assessed include: • Buildng Construction • Fire Scene Management • Firefighter's Role in the Corrmunity • Management and Supervision of Personnel • Principles and Tactics I/O Solutions provides your agency with the necessary reference lists that allow canddates to secure study materials. Candidates should be given at least one month to study and prepare. Each exam consists of 100 items with an administration time of 2'/= hours. Test purchase incudes User's Manual, test scoring, reporting and statistical analysis. Typically, score reports are forwarded within 24 hours of receipt of completed answer sheets. Examination• appropriate Rank' Conpany Officer I I lieutenant Company Officer 11 rn Captain BattalionChief Chief Officer Assistant Chief Deputy Chief The pairing of rank and appropriate htst are based on typical nene.stuebrtes. Conhet VO Solutions to ensure the selection of the ap propdat, test Company Officer I Examination Booklets* $75.00 each (1-25); $70.00 each (26+) Company Officer 11 Examination Booklets* $95.00 each (1-25); $85.00 each (26+) Chief Officer Examination Booklets* $ 110.00 each (1-25); $100.00 each (26+) Each exam purchx e includes • User's manual • Canddate readng/source list • Test scoring and reporting • Item analysis * Fire Service Supervisor Examination users will only be billed for the actual number of tests adrrinistered. AAI unused test booklets must be retumed within 60 days to avoid invoicing. Al test booklets must be retumed for scoring and reporting 23 104 Appendix A RFP Addendum Copyright© 2011, Industrial/Organizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 106 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. CITY OF ROUND ROCK, TEXAS REQUEST FOR PROPOSALS FOR CONSULTING SERVICES FOR THE DEVELOPMENT OF CUSTOM FIREFIGHTER MUNICIPAL CIVIL SERVICE EXAMS RFP No. 12-018 Addendum No. 1 Date of Addendum: February 21. 2012 Please note the dedication and/or additional information to the solicitation referenced above. 1. Q: Has the due date for responses been extended? A: Yes. The due date for responses has been extended by one day to February 29, 2012. 2. 0: How much did the City pay for the previous contract for the services requested in the RFP? A: See Part I, #2 of the RFP. Historically, exams have been authored intemally by staff or contracted out. The average payment per test has been $1,500.00. 3. Q: If the services were not paid as a lump sum, how much did the City pay for each exam: A: See Part I, #2 of the RFP. Historically, exams have been authored intemally by staff or contracted out. The average payment per test has been $1,500.00. 4. Q: Do the above costs include the cost of travel? A: See Part I, #2 of the RFP. Historically, exams have been authored intemally by staff or contracted out. Travel fees were included in the contract price. 5. Q: Was the City/Department pleased with the previous services provided? A: N/A. 6. Q: Does the proposal response need to be double spaced? A: Yes. 7. Q: Does the City desire for the vendor to conduct a full job analysis for each position? A: Yes, for the first round of tests the vendor shall be required to conduct a job analysis for each of the positions. 8. Q: Does the City have estimated dates of when each rank would be testing? A: No. 9. Q: Will Subject Matter Experts (SMEs) from the department be available to review test items? A: The City can provide personnel to assist with the initial round of sample test questions; however, the preference is for the actual exam questions to remain restricted to members of the Fire Department. 10. Q: Is the City willing to conduct meetings remotely via webinar? A: No. 11. Q: Does the vendor need to be in-person for any meetings that take place? A: Yes. 12. 0: Does the City desire situational based multiple choice questions? A: No. The test questions shall be developed from the source material. Copyright() 2011, IndustriallOrganizational Solutions, Inc. CONFIDENTIAL — TRADE SECRET 107 13. 0: Does the consultant need to be present for the administration of the exams? A: No. The City's Human Resource Department will provide oversight of the exam process. The City will require a representative from the vendor be present during the required Protest Hearings with Civil Service. Cost proposals shall include this function. 14. 0: Page 7 of the RFP requests "three (3) sample copies of civil service exams developed for like fire departments in the State of Texas." As this information is proprietary, can the vendor provide a few sample questions instead? A: No. If information is considered confidential please mark it as such. 15. 0: Who conducted the job analyses that will be the basis of the written examinations? When were they conducted? A: Current job analysis data is not available. The City's Human Resource Department may have current job descriptions for each of the positions. 16. Q: Can the City/Department provide a list of the sources that will be required for the development of the examinations? A: Yes, once the subject material has been approved by the Civil Service Commission. The meeting for this approval is set for February 23, 2012. 17. Q: How will the vendor be required to submit the final exams (i.e., electronically, hard copy, etc.)? A: The City will accept either model. 18. Q: Is the City willing to accept a nationally validated stock (i.e., off-the-shelf) examination for the rank of firefighter? A: The City will accept this for entry level exams as long as the test meets the requirements of Texas Civil Service Ch. 143. 19. 0: Is only one form of each examination required? A: Two (2) exams per rank (excluding the entry exam) are preferred. 20. 0: Is the City/Department facing any litigation regarding the ranks referenced within the solicitation? A: No. 21. 0: The solicitation mentions that City references cannot be used — does this include Round Rock Police Department? A: City of Round Rock references are not acceptable. 22. Q: Must the references provided be specific to custom examination development? Or are our test rental clients who rent off-the-shelf exams suitable as references? A: See Part I, #7.7 of the RFP. Similar service references are requested. Approved by Joy Baggett, Purchaser By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED Vendor Authorized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD.