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HomeMy WebLinkAboutContract 22902 :9 ARA HUMAN FACTORS CONTRACT I i Y SECHE T CONTRACT Agreement is hereby made between the City of Fort Worth (Client) and Health Metrics, Inc., dba FACTORS (ARA), Suite 201, 15312 Spencerville Court, Burtonsville, MD, 20866, an independent contractor, according to the following terms, conditions and provisions: 1. JOB TO BE PERFORMED: ARA will conduct a Job Task Analysis QTA) for the Client to measure and validate minimum acceptable physical performance standards for individuals who seek appointment to entry-level firefighter positions. Deliverables will include JTA Survey Forms, Subject Matter Expert (SME) Pacing Video, JTA Final Report, Applicant Information Package, Test Administration Manual, Training for selected city and fire department staff, and Physical Ability Assessment of not more than 100 firefighter candidates. Client agrees to take part in tasks described in the formal proposal, Firefighter Physical Ability Test Development and Validation for the City of Fort Worth, Texas, January 6, 1997. Client desires that ARA perform and ARA agrees to perform the services set forth and described in the document, Firefighter Physical Ability Test Development and Validation for the City of Fort Worth, Texas, January 6, 1997, attached hereto. 2. TERMS OF PAYMENT. Client shall pay ARA the total sum of $41,200 (forty-one thousand two hundred dollars) as described below: Client will pay $3,000 as a retainer to ARA within ten (10) days of the execution of the contract. The balance of the contract price shall be paid to ARA within thirty (30) days of acceptance of individual deliverables listed below: JTA Final Report $27,700 Applicant Information Package $ 1,000 Test Administration Manual $ 1,500 Staff Training/Applicant Assessments $ 8,000 3. REIMBURSEMENT OF TRAVEL EXPENSES. Client share of contractor travel expenses are included in the base price of this contract. 4. EQUIPMENT, TOOLS, MATERIALS, OR SUPPLIES. ARA shall supply, at ARA's sole expense, all equipment, tools, materials, and/or supplies to accomplish the job agreed to be performed. Client will provide at no expense to ARA a fire training tower and hose suitable for conducting the Pacing Study and for assessment of individual applicants. 5. FEDERAL, STATE, AND LOCAL PAYROLL TAXES. Neither federal, nor state, nor local income tax, nor payroll tax of any kind shall be withheld or paid by the Client on behalf of ARA or the employees of ARA. ARA shall not be treated as an employee with respect to the services performed hereunder for federal or state tax purposes. ORR Worm CM MOM27 1 F1 MOETH y TEI. ARA HUMAN FACTORS 6. CLIENT NOT RESPONSIBLE FOR WORKER'S COMPENSATION. No worker's compensation insurance shall be obtained by the Client concerning ARA or the employees of ARA. ARA shall comply with the worker's compensation law concerning ARA and the employees of ARA. 7. TERMINATION WITHOUT CAUSE. Without cause, any party may terminate this agreement after giving 15 days prior written notice to the other of intent to terminate without cause. The parties shall deal with each other in good faith during the 15 day period after any notice of intent to terminate without cause has been given. 8. TERMINATION WITH CAUSE. With reasonable cause, any party may terminate this agreement effective immediately upon the giving of notice of termination of cause. Reasonable cause shall include: A. Material violation of this agreement B. Any acts exposing the other party to liability to others for personal injury or property damage C. Quality of work 9. NON-WAIVER. The failure of any party to exercise any of its rights under this agreement or a breach thereof shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 10. NO AUTHORITY TO BIND CLIENT. ARA has no authority to enter in contracts or agreements on behalf of the Client. This agreement does not create a partnership between the parties. 11. DECLARATION BY INDEPENDENT CONTRACTOR. ARA declares that it has complied with all federal, state and local law regarding business permits, certificates and licenses that may be required to carry out the work to be performed under this agreement. 12. HOW NOTICES SHALL BE GIVEN. Any written notice given in connection with this statement shall be given in writing and shall be delivered either by hand or by certified mail, return receipt requested, to the party at the party's address stated herein. 13. ASSIGNABILITY. This agreement may not be assigned, in whole or in part, by ARA. 14. INSURANCE REQUIREMENTS. ARA shall take out and maintain during the life of this agreement at its own expense such public liability and property damage insurance as shall protect itself, the client, their agents, employees, representatives and subconsultants from claims for damages for bodily injury, including wrongful death, as well as claims for property which may arise under this contract. The amount shall be no less than the following. • Combined Single Limit (Public Liability) - not less than$1,000,000 • Combined Single Limit(Auto Liability) - not less than $1,000,000 2 ARA HUMAN FACTORS ARA shall carry and keep in full force and effect during the life of this agreement professional liability insurance in an amount not less than one million dollars ($1,000,000) for damages resulting from mistakes or omissions in the professional services rendered by ARA. 15. INDEMNIFICATION. ARA hereby indemnifies and holds harmless the Client and its agents and employees from any and all liability or claim of liability, including attorney fees, arising by reason of personal injury, death or property damage and resulting from ARA's negligent acts, errors, or omissions in performance of this Contract. 16. CHOICE-OF LAW. Any dispute under this agreement or related to this agreement shall be decided in accordance with the laws of the State of Texas. 17. ENTIRE AGREEMENT. This is the entire agreement of the parties. 18. SEVERABILITY. If any part of this agreement shall be held unenforceable, the rest of this agreement will nevertheless remain in full force and effect. 19. ADMENDMENTS. This agreement may be supplemented, amended or revised orgy in writing by agreement of the parties. For Client: Approved as to form and legality. 4 L4 ,-J h4pKity Ahomey - ca'-9" (a - 44# City Manager e !er✓ izati-ou City Secretary Date For Health Metrics, Inc., dba ARA/HUMAN FACTORS Harry W. m1mg, Vice esident Dated: 3 City of Fort Worth Texas low 40 Mayor and Council Communication BATE REFERENCE NUMBER C_16112 NAME PAGE 06/17/97 C-16112 14FIRE I 1 of 2 SUBJECT CONTRACT WITH HEALTH METRICS, INC. DBA ARA/HUMAN FACTORS, TO DEVELOP A VALID PHYSICAL ABILITY TEST FOR ENTRY-LEVEL FIREFIGHTERS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Health Metrics, Inc. dba ARA/Human Factors, to conduct a job analysis on the position of firefighter, develop a valid physical ability test for the entry-level position in the Fire Department (Fire Trainee), and provide training for Human Resources and Fire Department personnel in the administration of the test, for a cost not to exceed $41,200. DISCUSSION: During the 1996-97 budget process the need to develop a job-related and valid physical ability test for entry-level firefighters was recognized and $50,000 was appropriated for a consultant study. The Human Resources Department and Fire Department began working on the project in November 1996,establishing a Selection Committee which would select the consultant and guide the project throughout the study. The Committee includes the following members: Jim Tate, Fort Worth Firefighters Association Hugh Stafford, International Association of Black Firefighters Bill Pearson, Battalion Chief, In-Service Training Cager Mitchell, Battalion Chief, Recruitment and Recruit Training Konnie Peacock, Fire Engineer, Station 31 Bob Garcia, Fire Lieutenant, Human Resources Officer Hugo Esparza, Deputy Chief, Fire Administration Dick Hodapp, Human Resources Administrator Linda Nelson, Human Resources Director Request For Proposals were sent to thirty (30) consultant firms and nine (9) firms submitted proposals, ranging in cost from $24,927 to $86,064. The Committee members evaluated the proposals (based on factors such as quality of the validation study, experience in test validity and physiology, staff qualifications, references, and cost), contacted references and prior clients, and invited three firms to make detailed presentations. The Committee reached consensus on the consultant firm of ARA/Human Factors based upon their lengthy experience in the field of physiology, their recognized expertise in developing job-related physical ability tests, and the number of days they propose to spend in Fort Worth (fifteen days compared to five and nine of the other two firms). 0 Printed on Recyrded Paper City of Fort Worth Texas Mayor and Council Communication DATEREFERENCE NUMBER LOG NAME PAGE 06/17/97 C-16112 14FIRE 2 of 2 SUBJECT CONTRACT WITH HEALTH METRICS, INC. DBA ARA/HUMAN FACTORS, TO DEVELOP A VALID PHYSICAL ABILITY TEST FOR ENTRY-LEVEL FIREFIGHTERS While staff believes that any of the three consultants could develop a test that fairly measures the physical strengths and abilities necessary to be Fort Worth firefighters, it is important that incumbent firefighters believe that will happen. Many firefighters have expressed the concern that the current physical standards will be lowered. One major factor in the Committee recommendation of ARA/Human Factors is the expected buy-in by Fort Worth firefighters because of ARA/Human Factor's reputation in the field of firefighter physical ability athletic events. ARA/Human Factors is in compliance with the City's M/WBE Ordinance by committing to IIS'% M/WBE participation. The City's goal on this project is 10%. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds are available in the current operating budget, as appropriated, of the General Fund. CB:f Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 6183 APPROVED CITYCOUNCILOriginating Department Head: Linda Nelson 7783 (from) JUN 24 MT GG01 539120 0141000 $41,200.00 D_ ' t For Additional Information City Secr! etary of the Contact: City of Fort worth,Texas Linda Nelson 7783 0 Printed on Recyded Paper