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CONTRACT NO. 1121 d
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH(the "City"), a Texas home rule municipal corporation,
acting by and through Susan Alanis, its duly authorized Assistant City Manager, and Booth Research
Group, Inc. ("Contractor" and "ALC"), a Colorado Corporation, and acting by and through Walter S.
Booth, its duly authorized President, each individually referred to as a"party" and collectively referred
to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—Statement of Work, Contractor's Proposal in response to RFP 15-0249;
3. Exhibit B—Cost Schedule;
4. Exhibit C - Verification of Signature Authority Form
Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,
B or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of
this Agreement shall control.
1. SCOPE OF SERVICES.
Contractor hereby agrees to provide professional consulting services which will be used to
develop and prepare validated, written examinations for entry-level and promotional ranks within the
Fort Worth Fire and Police Departments ("Services"). Attached hereto and incorporated for all purposes
incident to this Agreement is Exhibit"A," Statement of Work, more specifically describing the services
to be provided hereunder.
2. TERM.
This Agreement shall begin on March 2, 2016 ("Effective Date") and shall expire on March 1,
2017 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term").
Following the Initial Term, there shall be four (4) one-year renewals at the City's sole option (each a
"Renewal Term"). The City shall provide Contractor with written notice of its intent to renew at least
thirty(30)days prior to the end of each term.
3. COMPENSATION.
The City shall pay Contractor in accordance with the hourly rate of Contractor personnel who
perform services under this Agreement in accordance with the provisions of this Agreement and the Cost
Schedule attached as Exhibit "B," which is incorporated for all purposes herein; however, total payment
made under this Agreement by the City for all services shall not exceed One Hundred and Thirty-Six
Thousand Four Hundred Dollars ($136,400.00). Contractor shall not perform any additional services
for the City not specified by this Agreement unless the City requests and approves in writing the
additional costs for such services. The City shall not be liable for any additional expenses of Contractor
not specified by this Agreement unless the City first approves such expenses in writing.
Professional Services Agreement LWo:RTHITXECORD
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Acceptance by Contractor of payment shall operate as and shall release the City from all claims
or liabilities under this Agreement for anything related to, done,or furnished in connection with Services
for which payment is made, including any act or omission of the City in connection with such Services.
Contractor shall provide invoices to the City for the completion each Project described in Exhibit
"A", Statement of Work. Invoices shall contain a detailed breakdown to include: type of service
performed including employee name, and functional title and a description of Services provided.
Invoices shall be submitted to City,addressed to:
City of Fort Worth Police Department
Attention: Financial Compliance Unit
505 West Felix Street
Fort Worth,Texas,76115
Payment for Services rendered shall be due within thirty (30) days of the uncontested
performance of Services and receipt by City of Contractor's invoice for payment.
4. TERMINATION.
4.1. Written Notice.
The City or Contractor may terminate this Agreement at any time and for any reason by
providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal
period for any payments due hereunder, City will notify Contractor of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except as to the portions
of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the City
shall pay Contractor for services actually rendered up to the effective date of termination and
Contractor shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination. Upon termination of
this Agreement for any reason, Contractor shall provide the City with copies of all completed or
partially completed documents prepared under this Agreement. In the event Contractor has
received access to City information or data as a requirement to perform services hereunder,
Contractor shall return all City provided data to the City in a machine readable format or other
format deemed acceptable to the City.
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5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of
this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing.
5.2 Confidential Information. Contractor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City as confidential and shall not disclose
any such information to a third party without the prior written approval of the City.
5.3 Unauthorized Access. Contractor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Contractor shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been compromised, in which event,
Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate with
the City to protect such information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Contractor agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, or the final conclusion of any audit commenced during the said three years, have
access to and the right to examine at reasonable times any directly pertinent books, documents, papers
and records of the Contractor involving transactions relating to this Contract at no additional cost to the
City. Contractor agrees that the City shall have access during normal working hours to all necessary
Contractor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. The City shall give Contractor reasonable
advance notice of intended audits.
Contractor further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
payment of the subcontract, or the final conclusion of any audit commenced during the said three years
have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records of such subcontractor involving transactions related to the subcontract,and further that
City shall have access during normal working hours to all subcontractor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the provisions of this
paragraph. City shall give subcontractor reasonable notice of intended audits.
Section 6 shall survive the termination or expiration of this Agreement.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall operate as an independent Contractor
as to all rights and privileges and work performed under this agreement, and not as agent, representative
or employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement,Contractor shall have the exclusive right to control the details of its operations and activities
and be solely responsible for the acts and omissions of its officers, agents, servants, employees,
Contractors and subcontractor. Contractor acknowledges that the doctrine of respondeat superior shall
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not apply as between the City, its officers, agents, servants and employees, and Contractor, its officers,
agents, employees, servants, Contractors and subcontractor. Contractor further agrees that nothing
herein shall be construed as the creation of a partnership or joint enterprise between City and
Contractor. It is further undcrstood that the City shall in no way be considered a Co-employer or a Joint
employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor.
Neither Contractor,nor any officers, agents, servants, employees or subcontractor of Contractor shall be
entitled to any employment benefits from the City. Contractor shall be responsible and liable for any
and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subcontractor.
S. LIABILITY AND INDEMNIFICATION.
A. LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
B. GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING
LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
C. INTELLECTUAL PROPERTY INDEMNIFICATION—Contractor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against the City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay shall not apply
if the City modifies or misuses the software and/or documentation. So long as Contractor
bears the cost and expense of payment for claims or actions against the City pursuant to
this section, Contractor shall have the right to conduct the defense of any such claim or
action and all negotiations for its settlement or compromise and to settle or compromise any
such claim; however, City shall have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect the City's interest, and
City agrees to cooperate with Contractor in doing so.In the event City,for whatever reason,
assumes the responsibility for payment of costs and expenses for any claim or action
brought against the City for infringement arising under this Agreement,the City shall have
the sole right to conduct the defense of any such claim or action and all negotiations for its
settlement or compromise and to settle or compromise any such claim; however,Contractor
shall fully participate and cooperate with the City in defense of such claim or action.
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City agrees to give Contractor timely written notice of any such claim or action,with copies
of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's
assumption of payment of costs or expenses shall not eliminate Contractor's duty to
indemnify the City under this Agreement.If the software and/or documentation or any part
thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a
settlement or compromise, such use is materially adversely restricted, Contractor shall, at
its own expense and as City's sole remedy, either: (a) procure for City the right to continue
to use the software and/or documentation; or(b)modify the software and/or documentation
to make it non-infringing, provided that such modification does not materially adversely
affect City's authorized use of the software and/or documentation; or (c) replace the
software and/or documentation with equally suitable, compatible, and functionally
equivalent non-infringing software and/or documentation at no additional charge to City;
or (d) if none of the foregoing alternatives is reasonably available to Contractor, terminate
this agreement,and refund all amounts paid to Contractor by the City,subsequent to which
termination City may seek any and all remedies available to City under law.
Section 8,including subsections A,B and C shall survive the termination or expiration of this
Agreement.
9. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City. If the City grants consent to an
assignment, the assignee shall execute a written agreement with the City and the Contractor under
which the assignee agrees to be bound by the duties and obligations of Contractor under this
Agreement. The Contractor and assignee shall be jointly liable for all obligations of the
Contractor under this Agreement prior to the effective date of the assignment. If the City grants
consent to a subcontract, the subcontractor shall execute a written agreement with the Contractor
referencing this Agreement under which the subcontractor shall agree to be bound by the duties
and obligations of the Contractor under this Agreement as such duties and obligations may apply.
The Contractor shall provide the City with a fully executed copy of any such subcontract.
10. INSURANCE.
Contractor shall provide the City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
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(b) Automobile Liability
$1,000,000 Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by the Contractor,its employees, agents,
representatives in the course of the providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.0 et
seq.Tex. Rev. Civ. Stat.)and minimum policy limits for Employers' Liability of
$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
(d) Professional Liability(Errors& Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability(CGL)policy,or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made,and maintained for the duration of the contractual
agreement and for two(2)years following completion of services provided. An annual
certificate of insurance shall be submitted to the City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name the
City as an additional insured thereon, as its interests may appear.The term City
shall include its employees,officers, officials,agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery)in favor of the City of Fort Worth.
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(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to the City.Ten (10) days' notice shall be acceptable
in the event of non-payment of premium.Notice shall be sent to the Risk
Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102,
with copies to the City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in
the State of Texas.All insurers must have a minimum rating of A- VII in the
current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with any
work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Contractor agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces
in connection with this agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Contractor of any violation of such laws,
ordinances,rules or regulations, Contractor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and
obligatigns hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN
INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY
AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM SUCH CLAIM.
Section 12 shall survive the termination or expiration of this Agreement.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
Professional Services Agreement
Booth Research Group,Inc.
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To the CITY: To CONTRACTOR:
City of Fort Worth Booth Research Group,Inc.
Attn: Susan Alanis,Assistant City Manager Walter S. Booth,President
1000 Throckmorton Street 19029 E. Plaza Dr., Ste. 200
Fort Worth TX 76102-6311 Parker, CO 80134
Facsimile: (817)392-8654 Facsimile: (303) 840-3347
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Contractor shall, during the term of this agreement and additionally for a
period of one year after its termination, solicit for employment or employ, whether as employee or
independent contractor, any person who is or has been employed by the other during the term of this
Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing,
this provision shall not apply to an employee of either party who responds to a general solicitation of
advertisement of employment by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of the City or Contractor to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
Contractor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action,whether real or asserted, at law or in equity, is brought pursuant to this Agreement,venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
The City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
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20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B,
and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and
agreement between the City and Contractor, their assigns and successors in interest, as to the matters
contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and
void to the extent in conflict with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Contractor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty
(30) days from the date that the services are completed. In such event, at Contractor's option, Contractor
shall either(a)use commercially reasonable efforts to re-perform the services in a manner that conforms
with the warranty, or(b)refund the fees paid by the City to Contractor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which
includes provisions addressing employment eligibility, employment verification, and nondiscrimination.
Contractor shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Contractor shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees, and
upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Contractor shall establish appropriate procedures
and controls so that no services will be performed by any employee who is not legally eligible to perform
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such services. Contractor shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Contractor shall indemnify City from any penalties
or liabilities due to violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement, collectively, "Work Product". Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of the City from the date of conception,creation
or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. if and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work
Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other
proprietary rights therein, that the City may have or obtain, without further consideration, free from any
claim, lien for balance due, or rights of retention thereto on the part of the City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. This Agreement and any
amendment hereto,may be executed by any authorized representative of Contractor whose name,title and
signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit
"C". Each party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
[SIGNATURE PAGE FOLLOWS]
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IN ITNESS WHEREOF, the parties hereto have executed this Agreement on the 191Xday of
O1a�,
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
BOOTH RESEARCH GROUP,INC.
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By: ! t,—
usan lanis, By:
A nt City Manager Walter S.Booth,
President
Date: �S �'� � �o
Date:
APPROVAL RECOMMENDED:
ATT
By ——
Director,Brian Dickerson By:
Human Resources Department
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ATTEST: 0F ON
By: FM I
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aryaye V
City Secre
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APPROVED AS TO FORM °aoa,c,,,,o�' .
LEGALITY: AS' >;
By: jig
Victoria Honey,
Assistant City Attorney I
CONTRACT AUTHORIZATION:
M&C: P'I1�'u
Date Approved:- AO/(o
FORM 1295 Tracking No.
Professional Services Agreement
Booth Research Group,Inc. y
Page 11 of 11 OFFICIAL RECORD
r
CITY SECRETARY
FT. WORTH,TX
EXHIBIT A
STATEMENT OF WORK
I.PROPRIETARY INFORMATION
For All Tests:
1. Contractor shall coordinate and prepare all examinations to the satisfaction of the Civil
Service Director. Contractor shall be in close contact with the Director or the
Director's designee throughout the project and will provide continuous updates to our
work.
2. Contractor shall maintain open lines of communication with all of the stakeholders.
3. Contractor shall ensure the strictest security measures for its tests.
4. Should any of Contractor's tests be subjected to litigation,the Booth Research Group will
provide data analyses, research,advice, and expert witness testimony.
II. PROJECT I AND II-ENTRY-LEVEL TESTINGSMVIGES
Job-Task Analysis:
5. To begin any valid testing, the Contractor shall complete a thorough job-task
analysis.
6. Contractor shall review the current documentation of the target positions, including
previous job analyses and job descriptions, the organizational mission and vision, and
similar documents.
III.PROPRIETARY INFORMATION
7. Contractor shall conduct meetings with the Chief,command staff,Human Resources,and any other
relevant stakeholders. These meetings will help us understand not only the target positions, but
how those positions function in Fort Worth.
8. Contractor shall distribute a job analysis questionnaire to incumbents inthe target positions. If
appropriate,Contractor shall also distribute questionnaires to supervisors of those positions, shall be
provided by the Contractor after the job analysis.
9. The Contractor shall complete a job analysis report for each position, containing both
quantitative and qualitative data, a job description,and a basis for any subsequent testing for the
position.
IV. CANDIDATE STUDY GUIDE
10. Contractor shall provide a study guide to all candidates in an electronic format for the applicants.
The guide includes tips for preparing for a written examination, as well as sample items similar to
the items the applicants will see on the actual test.
V. ITIEM ANALYSIS AND ADEVERSE IMPACT REPORTS
11. For each position,Contractor shall develop a validation report,which will include item analysis and
adverse impact analysis. The reports are thorough, describing the entire selection process,
from the job analysis to completion of the exams. Contractor shall utilize a variety of statistics
to examine the results of the exams.
VI. FIRETRAINEE AND POLICE TRAINEE WRITTEN EXAMINATIONS
12. Contractors examinations shall be designed and developed in accordance with the Standards for
Educational and Psychological Testing adopted by the American Psychological Association, and the
Principles for the Validation and Ude of Personnel Selection Procedures from the Society for
Industrial Organizational Psychology, of which we are long-standing members. Contractors tests
shall be valid and legally defensible and our in accordance with technical, legal and ethical
standards,and will meet the requirements of the Federal Uniform Guidelines.
13. Contractor's exams shall focus on the Knowledge, Skills and Abilities (KSA's) needed for
the position. We do this by creating situational judgment exams. Here, the items are described in
a scenario-like manner, and the applicants are given multiple responses (typically four to five
options). Presented below are sample items from our entry level written tests. It should be
noted that these items were once used as actual test items but became practice items once they
were used. Test security is discussed later in this section of the proposal.
14. Contractor shall work closely with subject matter experts of the department in creating the
KSA's, to ensure not only that the items are relevant to the City and organization, but that the
correct (and incorrect) options refer to the correct processes, culture, and expectations of the
agency.
15. Both before and during test administration,Contractor shall work with the organization to ensure
that confidentiality and test security procedures are in place.
16. Contractor shall provide a sufficient number of copies of the examination for applicant
administration. Tests shall be produced with the same care as Contractor's development of them.
Contractor shall make alternate forms as needed.
17. Contractor shall score the examinations and report the final scores to the agency. Contractor shall
meet any timeline required for delivering the exams to the agency for administration and
scoring. Contractor is familiar with Local Government Code Chapter 143, and will ensure
compliance with the applicable provisions.
18. The City will own an exam that has been customized to the City and to the position. Contractor
shall work with the City to make modifications as needed for subsequent testing administrations.
VII.PROJECT III AND IV-PROMOTIONAL TESTING SERVICES
19. Contractor shall conduct a thorough job analysis for each position tested. Contractor shall review
documentation, meet with relevant stakeholders, and distribute an on-line job analysis
questionnaire. Contractor shall meet any timelines required for completion of the analyses.
20. Contractor shall ensure that the required job tasks and KSA's are relevant to the Fort Worth Police
and Fire Departments.
VIII.PROMOTIONAL WRITTEN EXAMINATION DEVELOPMENT
21. The written examination for the various positions will be designed in accordance with the
"Standards for Educational and Psychological Testing" adopted by the American Psychological
Association and the Society for Organizational Psychology, of which we are long-standing
members.
22. The written examinations will be developed specifically for the Fort Worth Police and Fire
Departments and will be based upon the source materials. Each test item will be developed with
careful attention for accuracy. Contractor shall sample from the entire source material, and each
item will have the source clearly marked.
23. The test questions shall be straight-forward and clear, as are the options. Contractor shall avoid
asking questions where contradictory material may exist either within or across source materials.
Contractor shall not use test item formats that lack sound psychometric qualities, such as the use of
true/false items, items containing double negatives or confusing verbiage, items with "all of the
above" or"none of the above" as options, and so forth.
24. We would welcome a discussion with your organization about the development of situational
judgment items if you so desire. Regardless of the type of written test, it would be custom
designed for the Fort Worth Police or Fire Department and would not be a generic examination.
25. Contractor shall provide an electronic draft of each examination to the department for review by
your subject matter experts. Contractorshall include the source of the item both as a heading prior to
items from the source, and at the end of each item.
26. Contractor shall provide an electronic version of final examination and answer key. Contractor shall
provide comprehensive administration instructions or, if desired, administer and score the
examination. Contractor shall provide a rank ordered list to the Department within the timeframe
required,and provide defense for any challenged items.
27. Contractor shall conduct all relevant test analyses, including test item analyses such as reliability,
test item difficulty level, and similar measures. Contractor shall also analyze adverse impact
using both the four-fifths rule and measures of mean differences (e.g.-tests).
28. Contractor shall provide reports detailing all of the information regarding the exams. These
reports will be written so as to be understandable by those without strong statistical
backgrounds.
EXHIBIT B
COST SCHEDULE
I. Cost:
1. Flat fee for completing Project I
(Entry-Level Fire Testing); $29,000
2. Flat fee for completing Project II
(Entry-Level Police Testing); $29,000
3. Flat fee for completing Project III
(Promotional Fire Testing Services); $39,200
4. Flat fee for completing Project IV
(Promotional Fire Testing Services); $39,200
Total: $ 136,400
H.Additional Fees for Additional Consultine Work:
1. Development of parallel entry level fire test; $ 18,000
2. Development of parallel entry level police test; $ 18,000
3. Development of situational judgement test items for
Promotional fire; $ 12,000
4. Development of situational judgement test items for
Promotional Police. $ 12,000
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Full Legal Name of Company: Booth Research Group,Inc.
Legal Address: 19029 E.Plaza Dr., Ste.200
Services to be provided:Testing Services
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or
positions have the authority to legally bind the Company and to execute any agreement,amendment or change order
on behalf of Company. Such binding authority has been granted by proper order, resolution, ordinance or other
authorization of Company.The City is fully entitled to rely on the warranty and representation set forth in this Form
in entering into any agreement or amendment with Company. Company will submit an updated Form within ten(10)
business days if there are any changes to the signatory authority. The City is entitled to rely on any current executed
Form untilit re elves a revised Form that has beeenn properly executed by the Company.
1. Na S� Me I q 1 _
P n: �p( R�� Cc�Y►Su
S
2. Name:
Positi n:
Signature
3. Name:
Position:
Signature
Name:
Signature of Presiaelft/CEO
Other Title: / �r
Date:
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/1/2016
DATE: Tuesday, March 01, 2016 REFERENCE NO.: **P-11838
LOG NAME: 13P15-0249 CIVIL SERVICE DG HR
SUBJECT:
Authorize Contract with Booth Research Group,Inc.,in an Amount Up to$136,400.00 for the First Year to
Provide Validated Entry—Level Testing and Development of Written Examinations for the City's Human
Resources Department in Coordination with the Fire Department and the Police Department(ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It ig ticornment e�7 tbat the City,Council authorize a contract with Booth Research Group,InC.,in an:amount up
,N2* I.0
t"-136,400 W rtliier stye r to provide validated entry-level,testing and development of written.
examination�orith6,Gi[y's 4uman Resources Department in coordination with the Fire Deponent.and the
Police-Department.
DISCUSSION:
The City of Fort Worth(City)will use this contract to provide testing services for the City's Human Resources
Department in coordination with the Fort Worth Fire Department(Fire)and the Fort Worth Police Department
(Police)for validated entry—level testing and development of written examinations for Fire and Police
promotional ranks. These services will be considered as four separate projects: Project One—Entry—Level Fire
Testing Services,Project Two—Entry—Level Police Testing Services,Project Three—Promotional Fire Testing
Services and Project Four—Promotional Police Testing Services. The Contractor will provide testing services
based on the professional guidelines for developing written examinations advocated by the American
Psychological Association and in accordance with the Uniform Guidelines on Employee Selection Procedure.
BID ADVERTISEMENT—A Request for Proposals(RFP)was advertised in the Fort Worth Star—Telegram on
Wednesdays between June 24, 2015 and July 22 2015. The evaluation factors included quality of product,
experience,responsiveness,relationship with other municipalities and cost. Forty-one vendors were solicited
from the purchasing vendors database system;five responses were received. The proposals received were
reviewed by an evaluation committee consisting of staff from the Human Resources,Fire and Police
Departments. The proposal from Booth Research Group,Inc.,was found to present the best value to the City.
PRICE ANALYSIS —The flat fee per project offered by Booth Research Group,Inc.,is 18.37 percent higher
than the rate charged for the previous Agreement(August 2013,Purchase Order No. 13-79181)due to the
increase in projects and testing for both Fire and Police. Staff reviewed the prices and determined the pricing to
be fair and reasonable.
ADMINISTRATIVE CHANGE ORDER—An administrative change order or increase may be made by the City
Manager in the amount up to$34,100:00 and does not require specific City Council approval as long as
sufficient funds have been appropriated.
CONTRACT TERMS —Upon City Council's approval,the contract will begin on March 2, 2016 and expire on
March 1,2017.
RENEWAL OPTION S —The contract may be renewed for rip to foLar one—year terms at the City's sole
discretion. This action does not require specific City Council approval provided that the City Council has
appropriate.sufficient funds to satisfy the City's obligations during the renewal term.
NVOR OFFICE—A waiver of the goal for the MBE/SBE subcontracting requirements was requested by the
Purcha lg Division and approved by the M/WBE office in accordance with the BDE Ordinance because the
purcha ofgo or services is from sources where subcontracting or supplier opportunities are negligible.
FISCAL INFORMATI^N/CERTIFICATION:
The approval of this action provides purchasingauthority up to$136,400.00 as specified. The Director of
Finance certifies that funds are available in the current'operating budgets, as appropriated,of the Crime Control
and Prevention District Fund for the Police Department and the General Fund for the Fire Department. Prior to
-in expenditure being made,the participating Departments have the responsibility to validate the availability of
I`Unds,
BQN\\
FUND IDENTIFIERS (FIDs):
M
FundDepartment ID Account Project ID Program ActivityBudget YearReference#(Chartrield 2)Amount
FROM
Department Project Budget Reference#(Chartrield
Fund ID Account ID ProgramActivity Year 2) Amount
26001 0359702 5580103 $68,200.00
10100 5330201 0368000 $68,200.00
CERTIFICATIONS:
Submitted for City Manager's Office by; Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Jack Dale (8357)
Darian Gavin (2057)
ATTACHMENTS
1.CCapture.PNG (cFw Internal)
2. CCPD.PNG (cFw Internal)
3.EPLS.ndf (cFw Internal)
4.Form 1295 —RFP 15-0249.pdf (Public)
5.Reguisition.pdf (cFw Internal)
6.Waiver 15-0249,12df (cFw Internal)
7. Yearly Cost Allocation.pdf (CFW Internal)
CERTIFICATE OF INTERESTED PARTIES FORM1 YA5
lofl
OFFICE USE ONLY
Complete Nos.1-4 and 6 if there are interested parties.
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-2547
Booth Research Group, Inc.
Parker,CO United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/12/2016
being filed.
City of Fort Worth,Texas Date Acknowledg .
�> )y
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
RFP 15-0249,Civil Service Fir
Promotional and Entry-Level Testing for the Fort Worth Fire and Police Departments
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 A SUSAN A.QUARLE3 I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
NOTARY PUBLIC
STATE OF ':."01.ORADO
NOTARY IIJ 20054046482
FMYMYCOMMISSION EXPIRES DEC.5,2017
—
Signature of auth rized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE VIA
/�j
Sworn to and subscribed before me,by the said ('y A ` TLI � 900! "` this the �� day of
20 to certify which,witness my hand and seal of office.
4)0a � �
Sig lure of officer administering oath Printed name of office administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032