HomeMy WebLinkAboutContract 35320 (2)�l�i..,( ��_�:f���"A�Y����
�C)P�J ( �A�� PVO . -
PR�FESSIONAR SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGRE�MENT ("Agreement") is made and entered into by
and between the CI7Y OF FORT WORTH (the "City" or "Client"), a home rule municipal corporation
situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and thraugh Karen L.
Montgomery, its duly authorized Assistani Ci�!. Manager and Chief Financiai Officer, and HEALTH
METRICS, INC. ("Consuliant" or "HMI"} a.-�f :/� u- °C ,� r Garparation with�.it� princi a1_place of
business at 2031 Gta nbrook Blvd Richland, WA, 993b2, acting by and through �.� l�.'E �:
its duly authorizecS r, �,� <; r,��� 'r I�
CONTRACT DOCUMENTS:
`Chis Agre�ment shall be camposed of the following documents:
A. 7his Professional Services Agreement, including the Scope of Services attached hereto as
Exhfbit "A", which is hereby made a part of this Agreemenk for all purposes.
B. City of Fort Worth Request for Proposafs (RFP} for Physical Ability Testing Consultation Services
for the Human Resources Qepa�tment, RFQ # 06-0223 ("RFP # 06-0223}, including any related
addendums, which is incorporated herein by reference for all purposes. .
C. HMI's proposal submitted in response to RFP # 06-0223, including responses to any related
addendums, which is incorporated herein by reference for a(I purposes.
If there is a conflict between the terms and �onditions of any of these documents, the order of precedence
shall be this Professionai Setvices Agreement, RFP # 06-0223, and HMI's proposal submiited in respons�
to RFP # 06-0223.
SCOPE O� SERVICES.
Consuitant hereby agrees to provide the City with professional consulting services to conduci a
job analysis on the classificatians of Police �fficers, Deputy Marshals, and Fire Fighters, develop valid
Physical Ability Tests, develop fitness sfandards and strategies, develop a framework for a light duty
program, and provide training for Police, Fire Depatiment, and Wellness persannel in the administration
of fhe perFormance assessments associated with the above. The Scope of Services and the work io be
formed is more specificaliy sef forth in Exhibit "A".
2. TERM.
This Agreemenf shall commence upon the date that both the City and Consultant have executed
this Agreement ("�ffective pate"} and shall continue in full force and effect until completion of the
project unless terminated earlier in accordance wifh the provisions of this Agreement.
3. COMPENSATION.
The City shali pay Consultant an amount not to exceed $US146,000, of which $US141,OQ0 shaii
be paid as a flat fee to Cansultant for ali project deliverables, and up to (and nof exceeding) $US35,000
shall be paid to Consultant for reimbursement of reasonable actual travel expenses and per �liems. All
compensatian shall be paid in accordance with the provisions of this Agreement as set forth in Exhibit
°`, ,A." Consultant shali not perform any additinnal services for the City not specified by fhis Agreemenf
unless the City requests and approves in writing the additional costs fior such services. The City shal( not
be liable for any addifional expenses of Cansulfant not specified by this Agreement unless the Cify firsf
approves such expenses in writing.
,_ : - �
v�'i�lvl��� ':�'v'Va�L%% u
� ,?
�a��� JS�,°� 1`!i�� '
-.� �, u ��
� �.��'�.' `� � �
!��� . <:; �?�l � ¢ �s�.�_�
4. TERMINATION.
4.1. Written Notice.
The City or Consultant may terminate this Agreement at any time and for any reason
without cause by providing the other party with 60 calendar days' written notice of tarmination.
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 Consultant of such occurrence and this
Agreement shail terminate on the last day of the fiscal period for which appropriations were
received without penaity or expense to the City of any kind whatsoever, except as to the portions
of the payments harsin agreed upan for which funds shall be appropriated,
4.3 Duties and Obliqations of the Parties.
Subject to Section 4.2, in the event that this Agreement is terminated prior ta its
expiration, the City shall pay Consultant for services actuaily rendered as of the effective date of
termination and Consulfant shali continue to provide the City with services requested by the City
and in accordance with this Agreement up to the effective date of iermination.
5. DiSCL.OSURE OF CONFLICTS AND CONFIDENTIAL INFORMATIDN.
Consultant hereby warrants to the City that Consultant has made full disciosure in writing of any
existing or potential conflicts of interest related to ConsultanYs services under this Agreement. In the
event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hareby
agrees immediately to make full disc(osure to the City in writing. Consultant, for itself and its officers,
agents and employees, further agrees that it shall treat ali information provided to it by the City ("City
Information"} as confidential and shail not disclose any such information to a third party without the
prior written approval of the City, Consultant shall store and maintain City Information in a secure
manner and shalf not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Consultanf shall notify the City immediately if the security or integrity of any City
information has been compromised or is believed to have been compromised.
RIGHT TO AUDIT.
Consultant.agrees that the City shall, until the expiration of one (1) year after final payment
under this Agreement, have access to and the right to examine at reasonable times any direcfly pertinent
books, documents, papers and racords of the consultant invalving transactions relating to this Contract.
Consultant agrees that the City shall have access during normal working hours to all necessary
Consulfant facilities and shaU be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. The City shall give Gonsultant reasonable
advance notice of intended audits.
Consultant further agrees, if appiicable, to include in ali its subcontractor agreements hereunder
a provision to the effect that the subcontractor agrees that the City shall, until expiration of one (1) year
after final payment under this Agresment, 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.
_. �-���; ,;,; �� 2
�� �j y' J''.; � �=' .: , .
r �t: ni i,;
�.r? � li ����,':� �,' _
;5�� �::,� �I1 �11I'�1J"�� 7l�``l
, �� � •�t,'u�'\%' Y'i Y �� 4 � � ��v J J �
The City's audit rights under this Section 6 shall survive termination or expiration of this
Agreement.
INDEPENDENT CONTRAC70R.
it is expressly understood and agreed that Consultant shall operate as an independent
confracfor as to all rights and privileges granted herein, and not as agent, representative or employee of
fhe City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant
shali have the exclusive right to confrof the details of its operations and acfivities and be solely
responsible far the acts and omissions of its officers, agents, servants, employees, contractors and
subcontractors, Consultant acknowledges that the doctrine of respondeat superior shall noi apply as
betwesn the Gity, its offic�rs, agents, servants and empioyees, and Consultant, its afficers, agents,
employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein
shall be construed as the creation of a partnership or joint enterprise between City and Consultant.
8. L.IABILITY ARID If�DEMNIF[CATIOM.
CONSULTANT SHALL BE L/ABLE AND RESPONS/BLE FOR ANY AND ALL PROPER7'Y
LOSS, PR�PERTY DAMAGEANDIOR PERSONAL 1NJURY, lNCLUDING DEATH, TO ANYAND ALL
PERSONS, OF ANY K1ND OR GHARACTER, WHETHER REAL OR ASSERTED, TD 7HE EX7'ENT
CAUSED BY iHE NEGLIGENT ACT(S) OR OMISSION(S}, MALFEASANCE OR INTENTIONAL
M/SC�NDUCT OF GONSULTANT, !TS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
CONSULTANT COVENANTS AND AGRFES TO, AND DOES HEREBY, iIVDEMNlFY, HOLD
HARMLESS AIVD DEFEND THE ClTY, ITS OFFICERS, AGENTS, SFRVANTS AIVD EMPLOYEES,
FROM A/VD AGAINST ANYAND ALL CLAlMS OR LAWSUITS FOR ElTHER PROf'ERTY DAMAGE
OR LOSS (INCLUDlNG ALLEGED DAMAGE OR LOSS 7"O GONSULTANT`S BUS/NESS AND ANY
RESULTING LOST PROFITS) ANDIOR PERSONAL lNJURY, INCLUD/NG DEATH, TO ANY AND
ALL PERSONS, OF AIYY KIND OR GHARAGTER, WHEiHER REAL OR ASSERTED, ARIS/NG OUT
OF OR IN CUfVNECTION WITH 7'HIS AGREEMENT, TO THE FXTENT CAUSED BY THE
NEGLIGENT ACTS OR DMISSIONS OR MALFEASANCE OF GONSULTANT, !TS OF�'ICERS,
AGENTS, SERVANTS fJR EMPLOYEES.
9. COLLATERAL DUTIES OF CLIENT EMPLOYE�S
All participants of the sfudy undertaken pursuant to this Agreement who are employees af the
City of Fart Worth shall be participating in the study as employees of the City of Fo�fi Worfh. As such
they shall be covered by the City of Fort Warth with regard to on the job inJuries and or accidents that are
not the result of negligence, omission, or malfeasance by Consultant.
10. ASSlGNME(VT AND SUBGONTRACTiNG.
Consultant 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 such consent, the assignee or
subcontractor shall execute a written agreement with ihe City under which fhe assignee or subcontractor
agrees to be bound by the duties and obligations of Consultant under fhis Agreement.
11. INSURANCE.
Consuliant shall provide the City with certificate(s) of insurance documenting policies of the
�
�
following minimum coverage fimifs ihat are io be in effect prior to commencement of any work pursuant
to this Agreement:
19.1 Coveraqe and Limits.
(a) Commercial General Liability
$1,000,000 Each Occurrencs
$1,000,000 Aggregafe
(b) Automobile Liabllity
$1,00O,OOQ Each accident on a combined single limit basis or
$250,000 Property damage
$500,000 Bodily injury per person per occurrence
Coverage shall be on any vehicle used by the Consultant, 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 fiability
$100,000 Each accidenf/occurrence
$100,000 Disease - per each employee
$500,000 Disease - policy limit
This coverage may be written as foflows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Ari. 8308 — 1.01 et
seq. Tex. Rev. Civ. Stat.} and minimum poficy limits for Employers' Liability of $100,000
each acciden�/occurrence, $500,000 bodily injury disease policy limit and $100,000 per
disease per employee. Caverage considered acceptable within the vendor's state of
residence shall be considered equivalent to the above outlined Texas coverage.
11.2 Certifica#es.
Certificates of Insurance evidencing that the Consultant has obiained all required
insurance shall be delivered to the City prior to Consuftant proceeding with any work
pursuant to this Agreement. All palicies ,shall be endorsed to name the City as an
additional primary insured thereon, as its interests may appear. The term City shall
include its empl�yees, ofFicers, officials, agent, and volunteers in respect to the
contracted services. Any failure on the part of the City to request required insurance
dacumentafion shall not constitute a waiver of the insurance requirement. A minimum of
thirty (30) days notice of cancellation or reducfion in limifs of coverage shall be provided
to the City. Ten (10) days natice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice
shall be sent to the Risk Manager, City of Fort Worih, 1000 Throckmorfon, Fort Worth,
7exas 76102, with copies to the City Atiorney at ihe same address.
12. GCIMPLIANCE WITM LAWS ORDINANCES RULES ANb REGUL.A'TIONS.
Consultanf agrees to compfy with all applicable federal, state and local laws, ordinances, rules
and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or
regulations, ConsultanC shall immediately desist from and correct the violation. Consulfant shall meet
wiih the City's Minority/Woman Business Enterprise ("MNU�E") Office so that a goal may be set for
-- r��� _ or���_:o'f �
� �, �
��yd ��.'� ;v, r.�1 il i� �. -. � „t,.`i
r �`�' r� ^ �.,.� h. 4�
1J��� . j i� i J '!
}u s�i�L'�1?��'L'�,��J 3
jYf ?:2��i��;,UG`Y�) U�G��a �
��.1� �'� 1
...� k
Consultant to utilize designated M/WBE companies in pertorming its d�ties and abligations under this
Agreement and shall camply with all applicabfe provisions of the City's MlWBE ordinance.
13. PROPRIE7ARY INFORMATlON.
Ciient acknowledges that Health Metrics considers this entire project and its related de(iverables
to be proprietary to Health Metrics, Inc., and may not be copied in whale or in part, nor divulged by the
recipient or his/her employees or representatives, excepi as required to install, maintain or evaluate,
implement or manage ihe Health Metrics, Inc. program referred to or described therein. Notwithstanding
the foregoing, HMI understands and acknowledges that Client is a public eniity subject to the provislons of
the Texas Public information Act, Chapter 552 of the Texas Government Code, and other laws that
require disclosure of certain documents. Client shall not be liable for any information that is required to be
disclosed pursuanf to such provisians. IP Client receives a request for any information subject to this
Agreement, Client shall notify HMI vf such request and provide HMI with an opportuniry to object to
disclosure of such information. However, HMI is responsible for providing its own arguments, including
any casts or expenses associated therewith, for objections to disclosure. Nothing herein shall prevent
either party from exercising any remedies it has at law to prevent disclosure of information it considers
proprietary. Any final determination regarding disclosure of information shali be made by the Texas
Attorney General's office, or a court of competent jurisdiction. Upon approval and execution, this
Agreement shall become a public document and shall be subject fo disclosure upon proper requ�st.
14. NON-DISGRtMIiVAT10N COVENAi�T.
Consultant, for itself, its personaf represen#atives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the perfarmance af Consultant's duties and
obligations hereunder, it shall not discriminate in the treatment or emplayment of any individual or group of
individuals on any basis prohibited by law. If any claim arises from an alleged violafion of ihis non-
discriminafion covenant by Consultant, its personal represenfafives, assigns, subcontractors or
successors in interesi, Consultant agrees to assume such liability and to indemnify and defend the City
and hold the City harmless from such claim,
15. NOTICES.
Notices required pursuant io the provisions of this Agreement shalf be conclusively determined
to have been delivered when (1) hand-delivered to the oiher party, ifs agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation af the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
To The CITY: j-�,�� �.ec�Li(��E;;
City af Fort Worth/��-Sel�iet3s
1000 Throckmotton �,�_
Fort Worth TX 76102-6311
Facsimile: (8'17) 392-$6�- g'���
16. SOLICITATION l)1= �MPLOYEES.
To CONSULTANT:
H�alth Metrics, Inc.
2031 Greenbrook Blvd.
Richland, Washington 99352
�'acsimile: (509) 628-9215
Neither the Gity nor Consultant shall, during the term of this Agreement and for a period of one
year affer its terminaiion, solicit for employment or employ, whether as employee or independent
contractor, any person who is or has been empfoyed by the other during the term of this agreement,
without the prior written consent of the person's employer.
_. �- _,:_ --�
-Ci � � p r.;, �,�;1
nJ'JyIJ �N��.��Gl,� 11i!S�i`�::%i�aLJ 1�
r� �^% +\ :� /.'� jl r �%;,?. i;',��y�% Y
I
r � i
r� �� r� �s 1�, �i p�,;�.. u r
k'�a •,„,�,� �� �t;��`� ��
;xJ;;�'� ; �
� ��„�ii},.'�ru� 1�va�
17. GOVERNMENTAl. POWERS.
IY is understood and agreed that by execution of fhis Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
18. NO WAIVER.
The failure af the City or Consultant to insist upon fhe performance of any ierm or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
Consultant's respective right to insist upon appropriate performance or to assert any such right on any
future occasian.
19. GONSTRUGTI�N.
This Agreement shall be consfrued in aocordance with the laws of the State of Texas, If any
acfion, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, exclusive
venue for such action shall lie in state courts iocated in Tarrant County, Texas or the United States Districfi
Court for the Northern District of Texas, Fort Worth Divisian.
20. SEVERABI[.ITY.
If any provision of this Agreement is held fo be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall nat in any way be affected or impairect.
21. 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 shalf not be held liable for any delay or omission in
performance due to force majeure , including, but not limited to, compliance with any government law,
ordinance or regulation, acts of God, acis of fhe pubiic enemy, fiires, strikes, lockauts, natural disasters,
wars, riots, material or labor restrictions by any governmental authority, #ransportatian problems andlar
any other causes beyond their reasanabie control.
22. HEADINGS �fOT CON7ROLLING.
Fieadings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
23. REVIEW OF COUNS�L.
The parties acknowledge fhat each party and its counsel have participated in the preparation of
this Agreemeni and that this Agreement shall be interpreted fairiy and impartiafly, wifhout regard to the
party that draffed this Agreement or any part thereof,
24. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire uncferstanding and agreement between the City
� � 1 /
�� r r � J:� ��S'".1��� s' ;G
r.. ;�'[�'�,�„�5?'.1'u5���
t i�,p��� :15�'1�i:�i,='��F�.
�y�� `':J:,^, �.Il �l l 5?jLS�7 �
� �, � � �r;� u' �Jl � J � G� �
i
and Consultant, their assigns and successors in interest, as to the matters confained herein. Any prior
or contemporaneous oral or written agreement is hereby declared null and void to ihe extent in conflict
with any provision of this Agreement.
NE S WHEREOF, the parties hereto have executed this Agreement in multipies this ��� daY of
, 2007.
,
CITY OF
ORT WORTH
Sy.- ; - ; - ' - . � ,l � (' r � � (�; i
Karen L. ontgornery �
Assistant Git� Manager / CFO �
Date: ' � / -T ��- � �J � %
.
:
��:,�.�'i(!► I �� `
. ;,,
HE�qL�ETRIGS, INC.:
�i� ��� By:� d^� �
, % Name: U L , _ C'�
7itle: � ` ' �
Date:
APPRUVED A 7 FQRM ANb LEGALITY:
���i� - -� ���L- .
Assistant ity Attorney
Contract Authorization
M&C: �` —_� '��� 1
Date Approved: � S �C1 ---
�y: ._
Name:
Title:
APPROVAL REC�'1MMENDEb:
By. ��L�.�� r��1 C��-�L���
K ren Marshalf
Director, Human Resources
�.��
����l��G�� ����'��
��Rl� J��;�����
'1 tl o ,':4' �C.�i'� �: U'J L' y�L7 �U �
EXHIBIT A
SCOP� OF SERVICES
Health Metrics, fnc. ("HMI") will conduct a study for fhe City of Fort Worih, Texas, Police ("FWPD"),
Municipal Court Deputy Marshal (MCDM), and Fire ("FWFD") Departments to validate physical
pertormance assessment instruments intended to measure minimum acceptabie physical performance
and fitness requirements for entry-level or incumbent police oifiicer and firefighter positions. Specifications
addressed in this agreement are directly relafed to the ClienYs document, "Request for Proposals (RFP)
for Physical Ability Testing Consulfafion Services for fhe Human Resource Department, RFQ # 06-0223"
and HMI's proposal submitEed in response, "Proposal for Physical Ability Testing Consultation Services for
fhe Human Resources Department, Fort Worth, Texas, RFP # 06-0223,"dated September 16, 2006.
1-1 Perform Job 7ask Analysis (JTA), Identify Essential Job Functions (EJF's) for
Commissioned Police Employees and Municipal Court Deputy Marshals ("MCDM") (Ref.�
6-9 — 6-92 of document)
1-2 Develop Physical Abilify iests ("PAT"), Physicaf Standard Using Pacing Trials, and
Delphi Analysis fior the Commissioned Police Officers (Ref.� 6-12 — 6-99 of document)
1-3 Update JTA and EJFs for the Fire Fighters including review and/or recommendations
regarding retaining, modifying or replacing the current PAT (Ref.• 6-19 — 6-21 of document)
• 1-3A Single PA7 Model and Pacing Trial for the Fire Department (if required) (Ref.� &-27
— 8-22 of document) �
o Final Validation Report & Test Acfministration Manual for the Po(ice
Department (Ref.� 6-22 of documenf)
o Final Va►idation Report & Test Administration Manuaf for the Fire
Department (Ref.� 6-22 of document)
m 2-1 Based on identified EJFs from 1-1, determine if Police Officer 7est shou(d be
modified for MCDM (Ref,� 6-23 of document) -
• 2.9A Modify Police Officer Test for MCDM & Determine MCDM Standard (if required)
(Ref.� 6-23 — 6-24 of documentJ
• 2.1 B TransportabilityNalidation Report for MCDM (Ref� 6-22 of document)
e 2-2 Conduct criterion and construct-related fifness testing and develop fitness
standards for all three departments {Police, Fire, anc! MCDM) (Ref.• 6-24 — 6-25 of
document)
p 2-2A Develop valid fitness standards based on duiy position (Ref.• 6-25 of documenf)
• 2-28 Design and develop fitness strafegies for alf three departments (Ref.� 6-26 — 6-28
of documenf)
— �.� �, o c N"� o'1
�� i, ,�� �, �� � rl ' 1IQ -�
�.;-��1�.�)�:� ����'J��.� 8
'���t� ���R��,�iU ��
�� r,�n�,^ �f', �7 '� p4
��� '��.;�'iic,'�i,n�� U�G,�.
�
• 2-2C Identify light duty positions; present a program plan for transitioning from light to
full dury {Ref.• 6-28 — 6-29 of docum�nt)
� 2-3 Conducf Ce�tified Training Workshop for in-house fitness and wellness
coordinators. Training provided for up to 32 individuals from FWPD, FWFD, and
MCQM. City of Fort Worth agrees to provide HMI with prior notification of the
approximate makeup of the workshop attendees, (Ref• 6-26 — 6-28 of document)
a 2-3P; Develop tracking and impaci assessment tools specific to Physical Fitness Test
Batfery results and PAT requirements.
Travet and per die►n: Upan invoicing after each phase of the praject where irav�l expenses are incurred,
Client agrees to reimburse Consuftant for reasonable actual travel expenses and per diems incurred by
Consultant or Consultant's associates as a direct result of the project. All reimbursable air fravei shall be
based on coach class rafes and aI! reimbursable lodging shall be based on dauble-accupancy rates for a
single standard hotel room in the City of Fart Worth. in no event will the City reimburse Consultanf for any
alcohol purchases, entertainment expenses ar excessive restaurant expenses or charges. Client agrees
to make said compensation upon receipf of bi}(s for same, up to and nat exceeding a totai of $US35,000
for ail such expenses incurred.
Client desires ihat HMI perform and HMI agrees to perform the services sef forth and described in this
document. HMI agrees to complete the analytical aspects of the project, including the determinaiion and
recommendation of appropriate performance requirements associafed with the project on or before fhe
end of the eighth month after the initial kickoff meeting or sooner. These iimelines are agreed to, provided
the kick-off meeting and initial site visit occurs on or before June 1, 2007, and fhe on-site pacing studies
occur on or before October 1, 2�07. If the June and October 2007 deadlines are not met, the camplefion
deadline of the analytical aspects described above shall only be extended by a proportionate number of
days or as necessary to ensure testing safety during the summer months. This fimeline is also contingent
on timely responses by the Client regarding survey insirument completion and Subject Mafter Expert
voting.
Cfient acknowledges thaf HMI's abilify ta produce satisfactory deliverables is dependent on the quality and
accuracy of data gathered in the field. Variances in the reliabilify, qualify, or accuracy of human
performance or human performance data that are not within the control of HMI, and ihat compromise or
may compromise the psychometric quality or adequacy of resultant deliverables, shall nat be the
responsibility of HMI. This includes reasonable expectations of subject performance and availability. In
the event that Consuliant determines fhat data collected is insufficient for fhe desired purposes, Client and
Consulfant agree to meet and confer on a strategy fio provide the resources necessary to adequately
supplement the data.
Terms of Payment. The Client shall pay HMI a sum of $111,0�0 (not including travel and per diem
expenses). The Client will pay as indicafed below:
�i"�, ��� ��,��1� l r �l'�,�l:J�t��'�
�:i''f � ° �
�, �I7�a�,� Sr; �-' �� �;, �i�J
���J�UL� ��S�v��:L�,��u�
f U7o ��,���'✓'� 1.}�'. I� l� u�� �': � 6
4
1. 20% (twenty percent) of fihe agreed to total to HMI within fourteen (14) days af the executian of
this agreement as a non-refundable retainer (unless Consuffant breaches this Agreement and, as
of the date of such breach, Cansuitant has not performed $20,000 worth of services hereunder);
2. 20% (twenty percent) of the agreed to tofal within fourteen (14) days of the completion of the
Kickoff Meeting and inifial on-site visits;
3. 20% (iwenty percent) of the agreed to totai within fourteen (14) days of complefion of all physi�al
ability test administrations and associated reporting.
4. 20% (twenty percent) of the agreed to tofal within fourteen (14) days of provision of
recommendations for fitness standards and associated reports;
5. 20% (twen#y percent) of the agreed to total within fourteen (1�1) days of client receiving remaining
deliverables in accordance with our proposal, "Proposa! for Physical Ability Testrng Consultation
Services for the Human Resources Department, Fort Worfh, Texas, RFP # 06-0223," dated
September 16, 2006.
Specialized Assessment Equipment, Tools, Materials, or Supplies Directly Related to the
Measurement of Human pertormance. HMI shall supply, at HMI's sofe expense, afl specialized
assessment equipment, tools, materials, or supplies directly related to the measurement of human
perFormance in arder to accomplish the job agreed to be performed. Client agrees fo provide a site at no
expense to NMI for the conduct af the On-Site Pacing Study. Client agrees to provide all applicable test
props necessary, e.g., hases, seff-contained breathing apparaius (SCBA), turnouts, rescue mannequin,
training tower, forcible enfry measurement tool or ceiling breach device (if required), power training
machine (control iactics simulator, if required), utility belfs, body armor, fitness testing equipment and
relaked sifes, sta�ng assistance as needed from Human Resources, Fire Depariment, Police Department,
MarshaPs Office, study participants, etc.
The On-siie Pacing Sfiudies will require a fiat paved or cemenE area or athletic sfadium area wiih bleacher
access approximafely one quarter the size of a football field, normally the area around a training tower. [t
will also require the participation of 10-15 incumbent firefighters and 10-15 incumbent police
offiicers/marshals fhat are medically cieared for full and unrestricted duty to serve as pacing study
subjects. Law enforcement related PAT tesfing may be compl�ted indoors if an appropriate gymnasium
type of facility is availabfe. The pacing sfudies will require the additfonal assistance of a readify availabfe
paramedic service and 6�8 test assistants to help with the resetting of hoses, mannequins, forcible enfry
tools, etc.
If the options are sefecfed, the incumbent un-paced physical ability test performance trials will require a
demographically matched sample of incumbent �ort Worth firefighters and police officers (total number
from each department to be determined depending on final demographics) io parEicipate in both PAT
performance trials and physical fitness tesE baitery testing. The Client will be responsible for providing
access to an appropriate athfetic faci(ity and running track as well as physical titness test battery
equipment requlred ta complete ihis phase of the project. The clienf shall make all support personnel and
" ���� ���U,!� '����L�'� 1'�
r� P^ a�,-, a �ro
����� ����G°?���,lU",
��� �:���`,������, �����,
��
EMS support available to HMI for testing purposes at no expense to HMi. Depending on testing logistics
and options selected, HMI reserves the right to request an additional 6-8 Fort Worth personnel from the
Weliness Division of the City of Fort Worth Human Resources Department to be available to assist with
fhe PFTB Eesting, should that opti�n be selected, in order io accommodate scheduling requirements of the
sampte subjects from the Police, Fire ar Deputy Marshal groups.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/15/2007
DATE: Tuesday, May 15, 2007
LOG NAME: 14TESTING
SUBJECT:
Authorize Execution of a Cont
Safety Classifications, Develop
Identify Light Duty Positions an
and Maintain these Programs
REFERENCE NO.: **G-15721
ract with Health Metrics, Inc., to Conduct Job Analysis on Public
Valid Physical Ability Tests, Develop Mandatory Fitness Standards,
d Provide Training for Police, Fire and Marshal Personnel to Conduct
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with Health Metrics, Inc., to conduct job analysis on
public safety classifications, develop valid physical ability tests, develop mandatory fitness standards,
identify light duty positions, and provide training for Police Department, Fire Department and Marshal's
Office personnel to conduct and maintain these programs; and
2. Authorize payment in an amount not to exceed $146,000.
DISCUSSION:
The City recognizes the need for job related and defensible physical ability standards for its public safety
positions. This contract recommendation is for a project whose goal is to establish physical ability
standards for public safety positions. These standards will assist the City of Fort Worth in achieving its goal
of being the safest major city by ensuring a fit and able public safety workforce. The goal of this project will
be achieved by executing a contract with Health Metrics, Inc. to conduct job analyses on public safety
classifications, develop valid physical ability tests, develop mandatory fitness standards, identify light duty
positions, and provide training for Police Department, Fire Department and Marshal's Office personnel to
conduct and maintain these programs
During the 2005-2006 budget process, the City Council identified this project as a priority and necessary to
maintain quality public safety departments. In 2006 the Human Resources, Police Department, Fire
Department, as well as the Marshal's Office, established a Steering Committee that would select the
consultant and guide the work throughout the project.
Request for Proposals were sent to 35 consultant firms and 6 firms submitted proposals. The Committee
evaluated the proposals based on quality of the proposed study, experience and expertise in physical ability
tests for public safety, staff qualifications, experience and expertise in public safety fitness programs,
experience and expertise in light duty programs for public safety, experience with related litigation, and
cost. The Committee reached consensus that the most qualified proposal was from the consultant firm of
Health Metrics, Inc.
The Consultant for this project will assist the City with the following specific tasks and deliverables:
Logname: 14TESTING
Page 1 of 2
1. Conducting a job analysis across all public safety departments;
2. Designing and implementing a valid and job related physical ability test for entry-level Police Officer
(Police Trainee);
3. Reviewing the existing physical ability test for entry-level Fire Fighters;
4. Determining the suitability of the Police physical ability test for Deputy City Marshals;
5. Creating an effective fitness program including mandatory fitness standards for all public safety positions;
6. Developing a practicable light duty program for all public safety departments; and
7. Training appropriate City of Fort Worth staff in the implementation and administration of the above
programs.
Health Metrics, Inc., has a strong collaborative process that will help ensure the necessary buy-in from
Police Officers, Deputy Marshals and Fire Fighters. Their jurisdictionally specific and customized approach
will help ensure that the end product is not only defensible, but will successfully serve the specific needs of
the City of Fort Worth. Health Metrics, Inc., has extensive experience and expertise in developing fitness
and light duty programs. The Committee determined that Health Metrics, Inc., would be the most qualified
of the vendors evaluated to implement these programs.
There is the potential for future additional costs indirectly related to this project. The project outcomes,
particularly related to ongoing mandatory fitness standards, may produce additional future costs in order to
provide equipment and staffing to adequately support the ongoing administration of the fitness standards.
MWBE COMPLIANCE: Health Metrics is in compliance with the City's M/WBE ordinance by committing to
10 percent M/WBE participation. The City's goal in this project is 10 percent. The Contract Compliance
Memorandum is attached.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
Logname: 14TESTING
GG01 539120 0141000 $146,000.00
Karen Montgomery (6222)
Karen Marshall (7783)
Richard Hodapp (7770)
Page 2 of 2