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HomeMy WebLinkAboutContract 47215 My SECRETARY , CONTRACT NO, PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas ("City"), acting by and through Valerie R. Washington, its duly authorized Assistant City Manager, and Price, Proctor & Associates, LLP acting by and through Dr. J. Randall Price and Dr. Timothy J. Proctor, its duly authorized representatives ("Consultant"). RECITALS WHEREAS, Consultant provides professional pre-employment psychological services; WHEREAS, City is in need of professional pre-employment psychological services to assist City in complying with state law by providing psychological evaluations to applicants desiring to become police officers, as required by the Texas Commission on Law Enforcement ("TCOLE"); and WHEREAS, pursuant to Texas Local Government Code Section 143.022(b) and Article 5.08 of the Firefighters and Police Officers' Civil Service Commission of the City of Fort Worth (the "Civil Service Commission") has appointed Doctors J. Randall Price, Timothy J. Proctor, Kyle M. Clayton and Christine H. Reed,to administer such evaluations; and WHEREAS, City and Consultant desire to enter into an agreement to have such services provided which benefit City. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT DOCUMENTS The Agreement documents shall include the following: 1. This Professional Services Agreement 2. Exhibit A—Scope of Work 3. Appendix A—Relevant Laws 4. Appendix B—Job Description 5. Appendix C—TCOLE Form Exhibit A, Appendix A, B, and C which are attached hereto, is incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibit A, Appendix A, B, or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions set forth in the body of this Agreement shall control. The term "City" shall include its officers, agents, employees, and representatives. OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Agreement for Professional Services—City of Fort Worth and Price,Proctor&Associates The term "Consultant" shall include Consultant, and its officers, employees, agents, representatives, servants, contractors or subcontractors. The term"Party" shall refer to either the City or Consultant. AGREEMENT 1. Services. Consultant covenants and agrees that Drs. Price, Proctor, Clayton and Reed, will fully perform, with good faith and due diligence, all services and objectives described in Exhibit A, which is attached hereto and incorporated herein ("Scope of Work"). The City also agrees to perform the duties and responsibilities described in Exhibit A. The actions and objections contained in Exhibit A are referred to herein as the "Services." Consultant covenants and agrees to perform the Services in accordance with professionally recognized standards and methods. Consultant shall perform the Services in accordance with all applicable federal, state, and local laws, rules, and regulations. 2. Term. a. Services shall be provided by Doctors Price, Proctor, Clayton and Reed for a term beginning2olSand ending September 30, 2016 ("Initial Term"), unless terminated earlier in accordance with the terms of this Agreement. b. In addition to the Initial Term of this Agreement, there shall be four options to renew for terms of one year each (each a"Renewal Term"), at the City's option, unless this Agreement is earlier terminated as herein provided. Renewal shall occur upon City including in its budget for the option years sufficient funds for its obligations hereunder and Consultant providing proof of continued certifications and insurance. The Initial Term and Renewal Terms are collectively referred to herein as the "Term." 3. Compensation. City agrees to pay Consultant $200.00 per applicant for administering the written examinations, conducting the in-person assessment and completing and providing to the City the forms required by TCOLE and the written reports. The total cost for the Initial Term of this Agreement shall not exceed $49,999.00. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. There is no guarantee expressed or implied as to the minimum quantity of work that the City is obligated to provide or the minimum compensation to be paid under this Agreement. This Agreement is not intended to establish an exclusive provider relationship and the City retains the right to retain the services of other providers. Acceptance by Consultant 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 Agreement for Professional Services—City of Fort Worth and Price,Proctor&Associates 2 connection with the services for which payment is made, including any act or omission of the City in connection with such services. The Consultant shall provide monthly invoices to the City. Invoices shall contain a detailed breakdown to include: type of service performed including employee name, functional title, date and hours of work performed and Services provided. Consultant shall provide the City with all of the documentation necessary for the City to process payments. The invoice 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 Invoices should be received no later than the 15th day of the month following provision of any Services under this Agreement. The City shall remit payment for Services rendered. Payment for Services rendered shall be due within thirty (30) days of the performance of Services and receipt by City of Consultant's invoice and necessary documentation. 4. Termination. Either party may cancel this Agreement at any time and for any reason by providing the other party with thirty days written notice of termination, or the City may terminate this Agreement immediately if Drs. Proctor, Price, Clayton and Reed are removed from his appointment by the Civil Service Commission. In the event this Agreement is terminated prior to expiration of the Term, City shall pay Consultant only for Services actually rendered as of the effective date of termination. 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 Consultant 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. Duties and Obligations of the Parties. In the event this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for Services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with Services requested by City and in accordance with this Agreement up to the effective date of termination. 5. Duties of Consultant. Consultant covenants and agrees that the psychologists employed by Consultant are licensed to practice in the State of Texas by the State Board of Examiners of Psychologists or by the Texas Medical Board. Consultant covenants that its licensed psychologists are familiar with law enforcement duties, have specialized knowledge in the use of psychodiagnostic and personality tests for employment selection decisions, have working knowledge of the laws Agreement for Professional Services—City of Fort Worth and Price,Proctor&Associates 3 surrounding the screening process, and have a comprehensive understanding of tests relevant to employment selection. Each employee of Consultant that conducts, performs, or provides pre-employment psychological services shall be a licensed to practice in Texas by the State Board of Examiners of Psychologists or the Texas Medical Board. Consultant shall (i) conduct reasonably diligent background checks and periodic evaluations of all persons conducting, performing, or providing pre-employment psychological services has an appropriate, valid state professional license, and document the results of such checks and evaluations; (ii) conduct primary verification of License, Contractual expectation of compliance with State/Federal Regulations on all persons conducting, providing, or performing pre-employment psychological services; and (iii) require that each psychologist adheres to all applicable rules and regulations of all regulatory agencies with jurisdiction over that psychologist. 6. Independent Contractor. Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder, and shall be solely responsible for the acts and omissions of its officers, agents, servants and employees. The doctrine of respondeat superior shall not apply as between the City and Consultant, its officers, agents, servants and employees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Consultant. It is expressly understood and agreed that no officer, agent or employee of Consultant is in the paid service of City. 7. INDEMNIFICATION. CONSULTANT 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 CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. Agreement for Professional Services—City of Fort Worth and Price,Proctor&Associates 4 IN ADDITION, CONSULTANT COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS FOR DISCRIMINATION OR VIOLATION OF CIVIL RIGHTS ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES IN CONNECTION WITH THE PROVISION OF THE SERVICES OUTLINED IN EXHIBIT A AND THE CONSULTANT'S FINAL DETERMINATION ON APPLICANTS' FITNESS TO BE EMPLOYED AS FORT WORTH POLICE OFFICERS. This Section 7 shall survive the expiration or termination of this Agreement. 8. Insurance. 8.1 During the Term of this Agreement, Consultant shall carry the following insurance coverage with a company that is licensed to do business in Texas or otherwise approved by the City: (a) Commercial General Liability with a combined limit of not less than $1,000,000 per occurrence, $2,000,000 aggregate. (b) Automobile Liability Insurance with a combined limit of not less than $1,000,000 per occurrence, $2,000,000 aggregate. (c) Professional Liability (Errors & Omissions) in the amount of$1,000,000 per claim and $2,000,000 aggregate limit. (d) Statutory Workers' Compensation and Employers' Liability Insurance requirements per the amount required by statute. (e) Any other insurance as required by City. 8.2 General Insurance Requirements: 1. All applicable 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. 2. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. 3. 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. 4. 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. 5. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. Agreement for Professional Services—City of Fort Worth and Price,Proctor&Associates 5 6. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. 9. Assignment. Consultant shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement, and any attempted assignment or subcontract of same shall be void and constitute a breach of this Agreement. 10. Compliance with Law. Consultant, its officers, agents and employees, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Consultant any such violation on the part of Consultant or any of its officers, agents or employees, then Consultant shall immediately desist from and correct such violation. 11. Professional Competence. Consultant, its staff, employees, psychologists, and psychiatrists shall maintain all required licenses and certifications to perform the Services rendered under this Agreement. Consultant also certifies that if it uses any employees, psychologists, psychiatrists, subcontractors, or other agents in the performance of this Agreement, that such person shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this Agreement. All of the Services under this Agreement shall be performed in accordance with the applicable professional standard of care. Acceptance of work, payments, or approvals issued by the City or another entity shall not constitute or be deemed to be a release of the responsibility and liability of the Consultant, its officers, psychologists, psychiatrists, agents, employees, contractors and subcontractors for the accuracy of its services performed hereunder. 12. Non-Discrimination. Consultant, in the execution, performance or attempted performance of this contract and Agreement, will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color, national origin, sexual orientation, transgender status, gender identity or gender expression, nor will Consultant permit its officers, agents or employees to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Consultant hereby covenants and agrees that Consultant, its agents, employees have fully complied with all provisions of same and that no employee or employee- applicant has been discriminated against by either Consultant, its agents or employees. 13. Right to Audit. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement at no additional cost to the City. The City agrees to pay for the reasonable cost of any necessary copies in accordance with the applicable provisions of the Texas Administrative Code. Consultant agrees that the City shall have access during normal Agreement for Professional Services—City of Fort Worth and Price,Proctor&Associates 6 working hours to all necessary Consultant facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. This Section 13 shall survive the expiration or termination of this Agreement. 14. Entire Agreement. This written instrument constitutes the entire agreement by the parties and Services to be performed hereunder, and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall be void. 15. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this Agreement, venue for said 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 16. Notices. Notices regarding the contractual relationship entered into by this Agreement shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other parry shown below: 1. CITY. Valerie R. Washington,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: James Rodriguez, Senior Contract Compliance Specialist Fort Worth Police Department 505 West Felix Street Fort Worth, TX 76115 Police Legal Advisor Law Department 1000 Throckmorton Street Fort Worth, TX 76102 2. CONSULTANT: Price, Proctor&Associates, LLP 11882 Greenville Ave., Suite 107 Dallas, TX 75243 Agreement for Professional Services—City of Fort Worth and Price,Proctor&Associates 7 17. Non-Waiver. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or Consultant's right to assert or rely upon any such term or right on any future occasion. 18. Disclosure of Conflicts; Proprietary and Confidential Information. a) Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's Services and proposed Services with respect to this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. b) The City acknowledges that Consultant may use products, materials or methodologies proprietary to Consultant. The City agrees that Consultant's provision of Services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials or methodologies unless the parties have executed a separate written agreement with respect thereto. c) Consultant understands and agrees that the City is subject to various public information laws and regulations, including, but not limited to, the Texas Public Information Act. Notwithstanding the foregoing, Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City or otherwise received by it from the applicant, as confidential and shall not disclose any such information to any third party without the prior written approval of the City. 19. 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. 20. Force Majeure. The City and Consultant 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 omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 22. Governmental Powers. It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers. Agreement for Professional Services—City of Fort Worth and Price,Proctor&Associates 8 IN WITNESS WHEREOF, the parties hereto have ex uted this agreement in multiples 'n Fort Worth, Tarrant County, Texas,to be effective this)� iay of , 20 APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR OF FORT WORTH PRICE,PROCTOR& ASSOCIATES, LLP Valerie R. Washington Dr. 1&7andall Price,Ph.D Assistant City Manager Date: �'���� Date: l �' r. y J. Proctor,Ph.D APPROVAL RECOMMENDED f /-7 Date: r 40, n." e— vju'vh� Rhonda K. Robertson Chief of Police APPROVED AS TO FORM AND Date: LEGALITY FOR PRICE, PROCTOR& ASSOCIATES,LLP APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT WORH Attorney In, ►L � Date: Victoria D. Honey r� Assistant C' ttorney Q Date: ty 7t1 ATTEST , ' ` ry J. City Secretary rOFFICIAL RECORD Date: /l b2 f SECRETARY M&C No. A& WORTH,TX Agreement for Professional Services—City of Fort Worth and Price,Proctor&Associates 10 23. Contract Construction. 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 hereto. 24. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 25. Solicitation of Employees. Neither the City nor Consultant 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. 26. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement. 27. Signature Authority. The person signing this Agreement hereby warrants that he or she has the legal authority to execute this Agreement on behalf of his or her respective Parry, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other Party is fully entitled to rely on this warranty and representation in entering into this Agreement. Agreement for Professional Services—City of Fort Worth and Price,Proctor&Associates 9 EXHIBIT A Scope of Work The City desires to engage the services of a psychologist or a psychiatrist as an independent consultant to perform pre-employment psychological evaluations to applicants desiring to become a police officer, as required by state law and the Texas Commission on Law Enforcement ("TCOLE") and in accordance to the Professional Services Agreement to which this Exhibit A is attached (the "Agreement"). Consultant affirms that Consultant employs psychologists licensed to practice in Texas by the State Board of Examiners of Psychologists or the Texas Medical Board, and desires to render professional services for City on the terms and conditions provided in the Agreement. Doctors J. Randall Price, Timothy J. Proctor, Kyle M. Clayton and Dr. Christine H. Reed have been appointed by the Fort Worth Civil Service Commission to administer pre-employment psychological evaluations; they are familiar with the duties of police officers employed by the City of Fort Worth; have specialized knowledge in the use of psycho diagnostic and personality tests for employment selection decisions; have a working knowledge of and will abide by the laws related to the civil service employment screening process in Texas, including those attached to this Exhibit as Appendix A; and will abide by the Americans with Disabilities Act, as amended, and all other laws relevant to the Agreement and the scope of work to be performed. Consultant affiims and agrees that only the licensed psychologists appointed by the Fort Worth Civil Service Commission shall perform the services described in this Exhibit. THEREFORE, by this Exhibit A and the Agreement, and based upon Consultant's affirmations, City retains the services of Consultant, and in consideration of the mutual promises contained herein and in the Agreement, the parties agree as follows: I. SERVICES TO BE PROVIDED BY AND RESPONSIBILITIES OF CONSULTANT A. Licensed psychologists employed by Consultant shall administer pre-employment psychological examinations to applicants seeking to become police officers in the City of Fort Worth (hereinafter referred to as "Applicants") as may be required from time to time on a scheduled basis. B. All examination processes must be conducted pursuant to professionally recognized standards and methods. C. The examination process for each Applicant must consist of a review of the current job description for police officers employed by the City of Fort Worth (an example of which is attached hereto as Appendix B); review of the Applicant's personal history statements and background documents, or a summary of such documents, which will be provided by police department staff to the Consultant at or near the time of the Consultant's interview of the Applicant; scoring and review of at least two instruments, one which measures personality traits and one which measures psychopathology; and a face-to-face interview conducted after the instruments have been scored. Exhibit A-Scope of Work 1 D. The licensed psychologists employed by Consultant shall determine which two instruments to utilize in order to measure the Applicants' personality traits and psychopathology, although all Applicants for a particular academy class should be given the same two tests. The parties to the Agreement will determine whether the tests should be administered at the police training academy or in some other City- owned facility. The tests will be administered by the Consultant and/or his or her staff. E. The licensed psychologists employed by Consultant will conduct the individual interviews of the Applicants at the police training academy or other city-owned facility. The Fort Worth Police Department ("FWPD") will schedule the interviews after conferring with the Consultant regarding availability. The face-to-face interview of each Applicant should entail a meaningful discussion that, along with the review of the relevant test scores and personal history statements and background information, would enable the licensed psychologist employed by Consultant to determine whether the Applicant is in satisfactory psychological and emotional health to serve as a police officer. F. The licensed psychologists employed by Consultant shall complete and submit to the City his or her determination as to whether an Applicant can fulfill the essential job functions of a Fort Worth police officer on a form provided by FWPD and promulgated by TCOLE for that purpose. The most current version of that form as of the effective date of this Agreement can be found at www.tcole.texas.gov, an example of which is attached hereto as Appendix C. G. The licensed psychologists employed by Consultant shall also draft a report regarding each Applicant. The written reports shall include an assessment of each Applicant, including a clear and definitive determination as to whether the Applicant can perform the essential job functions of a Fort Worth police officer. Narrative reports shall be confined to job-related reasons that the Applicant should or should not be hired, and should avoid clinical diagnostic labels or terms that would not be understood by laymen. Any recommendation of disqualification shall be based on an applicant's inability to perform the essential psychological functions of a police officer's duties. Such reports should be maintained by Consultant for no less than three (3) years from the date of the relevant evaluation. H. The licensed psychologists employed by Consultant shall prepare and submit to the FWPD his or her final determination on the appropriate TCOLE-promulgated form within 7 calendar days of the face-to-face evaluation. I. All questions regarding the testing procedures, scheduling or other issues or concerns related to the Scope of Work of this Agreement should be directed to the Sergeant over the Backgrounds Unit of the FWPD, or his or her designee. All completed TCOLE forms regarding applicants should also be provided to this sergeant, or his or her designee. As of the effective date of the Agreement, that sergeant's name and contact information is as follows: Exhibit A-Scope of Work 2 Sgt. Sandra Rhoden 505 W. Felix Street Fort Worth, TX 75115 (817) 871-6504 J. The licensed psychologists employed by Consultant may be required to provide testimony regarding the validity of the psychological screening process and the tests conducted. Consultant shall maintain at his or her place of business complete and accurate records of all examinations of Applicants and employees to support his or her testimony. K. Consultant and the licensed psychologists employed by Consultant shall provide written proof that they are licensed to practice in the state of Texas by the State Board of Examiners of Psychologists or the Texas Medical Board, and shall notify City if their licensure is suspended or terminated while the Agreement is in effect. L. Consultant shall provide written proof that he or she holds the insurance required by the terms of the Agreement. II. DUTIES AND RESPONSIBILITIES OF CITY A. City shall provide access to facilities for the written examinations and face-to- face interviews of the Applicants. B. City, through the FWPD, shall coordinate with the Consultant to schedule the testing and face-to-face interviews. C. City, through the FWPD, shall provide relevant documents, including the Applicants' personal history statements and background documents, or a summary of those documents, to the Consultant for review. D. City shall pay the Consultant for his or her services as outlined in the Agreement. Exhibit A-Scope of Work 3 APPENDIX A RELEVANT LAWS TEXAS LOCAL GOVERNMENT CODE TITLE 5.MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES SUBTITLE A.MUNICIPAL OFFICERS-AND EMPLOYEES CHAPTER 143. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS Sec. 143.022. PHYSICAL REQUIREMENTS AND EXAMINATIONS. (a) The commission shall set the age and physical requirements for applicants for beginning and promotional positions in accordance with this chapter. The requirements must be the same for all applicants. (b) The commission shall require each applicant for a beginning or a promotional position to take an appropriate physical examination. The commission may require each applicant for a beginning position to take a mental examination. The examination shall be administered by a physician, psychiatrist, or psychologist, as appropriate, appointed by the commission. The municipality shall pay for each examination. (c) If an applicant is rejected by the physician, psychiatrist, or psychologist, as appropriate, the applicant may request another examination by a board of three physicians, psychiatrists, or psychologists, as appropriate, appointed by the commission. The applicant must pay for the board examination. The board's decision is final. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec.26(b), eff.Aug. 28, 1989. TEXAS ADMINISTRATIVE CODE TITLE 37 PUBLIC SAFETY AND CORRECTIONS PART 7 TEXAS COMMISSION ON LAW ENFORCEMENT CHAPTER 217 LICENSING REQUIREMENTS RULE §217.1 Minimum Standards for Initial Licensure (a)The commission shall issue a license to an applicant who meets the following standards: Appendix-A-Relevant Laws Page 1 (12) [has been] examined by a psychologist, selected by the appointing, employing agency, or the academy, who is licensed by the Texas State Board of Examiners of Psychologists. This examination may also be conducted by a psychiatrist licensed by the Texas Medical Board. The psychologist or psychiatrist must be familiar with the duties appropriate to the type of license sought. The individual must be declared by that professional, on a form prescribed by the commission, to be in satisfactory psychological and emotional health to serve as the type of officer for which the license is sought. The examination must be conducted pursuant to professionally recognized standards and methods. The examination process must consist of a review of a job description for the position sought; review of any personal history statements; review of any background documents; at least two instruments, one which measures personality traits and one which measures psychopathology; and a face to face interview conducted after the instruments have been scored. The appointee must be declared by that professional, on a form prescribed by the commission,within 180 days before the date of the appointment by the agency; FORT WORTH POLICE AND FIRE CIVIL SERVICE COMMISSION RULES Chapter 5:Minimum Standards for Entry-Level Positions in the Police Department 5.08 Psychological Standard: Within 180 days before the date of employment, each applicant must be examined by a licensed psychologist or psychiatrist and be declared in writing by that professional to be in satisfactory psychological and emotional health for licensing as a peace officer. The examination must be conducted pursuant to professionally recognized standards and methods and must be administered by an experienced professional who is a: Licensed psychologist or psychiatrist, appointed by the Commission; or Qualified psychologist exempt under licensure by the Psychologist Certification and Licensing Act, Section 22, who is recognized under exceptional circumstances, and appointed by the Commission. Appendix A-Relevant Laws Page 2 PEOPLESOFT JOB CODE: 1001 KEY CODE: X03 CITY OF FORT WORTH POLICE OFFICER Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job. GENERAL DESCRIPTION Under general direction, performs law enforcement and crime prevention duties that ensure citizen safety, protection of life and property, and compliance with City, State and Federal laws. Essential Functions: 1. Patrols an assigned area via foot, auto, motorcycle, bicycle and/or horse to ensure law compliance and to investigate suspicious activities, individuals or conditions. 2. Performs arrests of individuals who violate the law and/or ordinance. 3. Subdues violent individuals. 4. Enforces City, State, and Federal laws. 5. Responds to calls for assistance and provide necessary policy protection. 6. Issues traffic citation or warning to individuals violating traffic laws. 7. Investigates traffic accidents and directs traffic. 8. Conducts preliminary investigation of crimes and crime scenes to uncover and document relevant evidence and/or testimony. 9. Conducts searches according to due process procedure and collects physical evidence. 10. Interacts with community to establish rapport. 11. Conducts undercover investigative work. Other Job Functions: 1. Conducts follow-up investigations. 2. Compiles and prepares reports. 3. Process prisoners into jail facility. 4. Prepares cases for court and provides testimony. Revised 3/14/02 CITY OF FORT WORTH Police Officer(Continued) 5. Prepares property, auto, and supplies records. 6. Attends training seminars. Knowledge, Skills and Abilities: Knowledge of City Ordinance, Federal, State and City laws and statutes; approved practice, principle and procedure of police work; and weapons and equipment maintenance. Skilled in both oral and written communications. Ability to follow law enforcement rules and procedures; ---memorize-and-retain-information;-interact and-communicate with-others--in-an-assertive manner-; evaluate information of an uncertain or conflicting nature and make appropriate decisions with regards to the law; solve problems when all necessary facts are not given; remain calm and work fast in emotionally stressful or emergency conditions; and establish and maintain a positive working relationship with fellow employees and the community. MINIMUM QUALIFICATIONS EDUCATION Possess a high school diploma (be a graduate from high school); OR possess a high school equivalency certificate and must have completed 12 hours at an institution of higher education with a grade point average of 2.0 on a 4.0 scale. EXPERIENCE No work experience is required. Must successfully complete training curriculum as specified in the Fort Worth Police Training Academy for Police Trainee. KNOWLEDGE OF Must be able to read and write the English language. WORKING CONDITIONS Extensive travel throughout assigned designated patrol area via foot, auto, motorcycle, bicycle or horse; exposure to emotionally stressful, hostile, dangerous, emergency situations and/or condition; outside working conditions with exposure to extreme weather condition; lifting, carrying, pushing and/or dragging objects weighing up to 200 lbs. (200+ in some situations), 10 feet or less; running, jumping and climbing various inclines, elevated surfaces, terrains, and/or obstacles. SPECIAL REQUIREMENTS: 1. Age: 21 to 35 (cannot have reached 36th birthday by certification date); OR up to age 44 (cannot have reached 45th birthday) with at least five (5) years prior experience as a peace officer or five (5) years of active military experience. 1. Must pass a physical ability assessment as prescribed by the Fort Worth Police Department and approved by the Civil Service Commission, showing the applicant is physically capable of performing the essential job functions of a Police Officer. Revised 3/14/02 CITY OF FORT WORTH Police Officer(Continued) 2. Must pass a psychological examination and be declared in writing (by a licensed psychologist or psychiatrist appointed by the Civil Service Commission) to be in satisfactory psychological and emotional health for licensing as a peace officer. 3. Incumbent must pass all other minimum standards and special requirements outlined in The City of Fort Worth Firefighters' and Police Officers' Civil Service Rules and Regulations (a.k.a. "Local Rules")—more specifically found in Chapter Five: Minimum Standards for Entry Level Positions in the Police Department. Revised 3/14/02 TEXAS COMMISSION ON LAW ENFORCEMENT 6330 E. Highway 290, STE 200, Austin, Texas 78723-1035 Phone: (512)936-7700 http://www.tcole.texas.gov LICENSEE PSYCHOLOGICAL AND EMOTIONAL HEALTH DECLARATION (L-3) Commission Rule 217.01, 217.1, 217.7, 221.35 INDIVIDUAL INFORMATION 1. TCOLE PID 2. Last Name 3. First Name 4. M.1. 5. Suffix (Jr., etc.) 6.Home Mailing Address 7.City 8.State 9,Zip Code Is this exam for a student enrolling in an academy? ❑ Yes ❑ No. If yes, check one ❑ Peace Officer ❑ County Corrections ❑ Telecommunicators ❑ School Marshal Attention Requesting Agency: State Law and Commission Rule require that this psychological examination be performed by a licensed psychologist or a psychiatrist except in an exceptional circumstance when, upon prior approval by the Commission, it may be performed by a qualified licensed physician. The Chief Administrator of the requesting agency must request prior approval in writing and must receive specific written approval before an examination under exceptional circumstances is acceptable. APPOINTMENT Do not check if student) 1o. ❑ Peace Officer ❑ Reserve Officer ❑ County Jailer ❑ Telecommunicator ❑ School Marshal ❑ Juvenile Probation Officer ❑ Public Security Off. ACADEMY/DEPARTMENT INFORMATION 11.TCOLE Number 12.Agency/Academy Name 13.Mailing Address 14.City 15.County 16.Zip Code 17. Phone Number Attention Examining Professional: State Law and Commission Rule require that this psychological examination be performed by a licensed psychologist or a psychiatrist except in an exceptional circumstance when, upon prior approval by the Commission, it may be performed by a qualified licensed physician. The agency must request prior approval in writing and must receive specific written approval before an examination under exceptional circumstances is acceptable. STATEMENT OF EXAMINER: (Please check the appropriate box and provide the requested information) I am a [ ] Licensed Psychologist, [ ] Psychiatrist, and I certify that I have completed a psychological examination of the above named individual pursuant to professionally recognized standards and methods. I have concluded that, on this date, the individual IS in satisfactory psychological and emotional health to perform the duties, accept the responsibilities and meet the qualifications established by the appointing agency. Examiner: Name (type or print) State License Number Mailing Address: Street City State Zip Phone Number: Date of Examination(s) Signature Date THIS DECLARATION IS NOT PUBLIC INFORMATION AND IS VALID UNLESS WITHDRAWN OR INVALIDATED, AND IS VALID ONLY IF SIGNED BY A LICENSED PSYCHOLOGIST OR PHYSICIAN. Licensee Psychological and Emotional Health Declaration 8.21.2014 Page 1 of 1