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HomeMy WebLinkAboutContract 52625 Q RECEIVED.. "1TYSECRETARY *- { OP ITRACT NO. (oa *- AUG-7 2019 CITY OF FORT WORTH CITYSECRETARY �4 PROFESSIONAL SERVICES AGREEMENT � ETARY �.; Biddle Consulting Group,Inc. 9� ._ This PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through Valerie Washington, its duly authorized Assistant City Manager, and BIDDLE CONSULTING GROUP, INC. ("Vendor"), a California corporation, and acting by and through John Piatt, its duly authorized Director of EEO Client Services, 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 Professional Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Verification of Signature Authority;and 4. Exhibit C—Price Schedule. Exhibits A and B,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 or B 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. Vendor shall provide the City with an Apprenticeship Program Affirmative Action Plan and related services.Exhibit"A,"-Scope of Services more specifically describes the services to be provided hereunder. 2. TERM. The Agreement shall be binding and effective on the last date of execution by the parties("Effective Date")and shall expire one calendar year later("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term"). This Agreement may be renewed for one,one-year renewal term at the City's option.The City shall provide Consultant with written notice of its intent to renew at least thirty (30)days prior to the end of each term. 3. COMPENSATION. Total payment made under this Agreement by City to Vendor shall be in the total amount of Five Thousand Four Hundred Fifty Dollars and 00/100 ($5,450.00). City shall pay Vendor half of the total amount or Two Thousand Seven Hundred Twenty Five and 00/100 ($2,725.00) on the Effective Date of this Agreement and the other half of the total amount or Two Thousand Seven Hundred Twenty Five and 00/100($2,725.00)upon completion of the written Affirmative Action Plan.Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. OFFICIAL RECORD Professional Services Agreement—Biddle Consulting Group of 1 FT. 1n;` ,tx 4. TERMINATION. 4.1. Written Notice. City or Vendor 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 City in any fiscal period for any payments due hereunder, City will notify Vendor 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 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, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason,Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement.In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers, agents and employees,agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access.Vendor 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. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event,Vendor shall, in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor agrees that 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,including, but not limited to,all electronic records,of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Professional Services Agreement—Biddle Consulting Group Page 2 of 14 7. INDEPENDENT VENDOR. It is expressly understood and agreed that Vendor shall operate as an independent Vendor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor 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, consultants and subvendors.Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers,agents,servants and employees,and Vendor,its officers,agents,employees,servants,Vendors and subvendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor.It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any officers,agents,servants,employees or subvendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subvendor of Vendor shall be entitled to any employment benefits from City. Vendor 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 subvendor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION-VENDOR HEREB Y CO VENANTS AND A GREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND 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 VENDOR'S BUSINESS AND ANY RESULTINGLOSTPROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TOANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense,any claim or action against 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 City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor 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 City's interest, and City agrees to cooperate with Vendor 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 City for infringement arising under this Agreement,City shall have the sole right to conduct the defense of any such claim or action and all Professional Services Agreement—Biddle Consulting Group Page 3 of 14 negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify 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, Vendor 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 Vendor terminate this Agreement,and refund all amounts paid to Vendor by City,subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment,the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and 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 (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle"shall be any vehicle owned,hired and non-owned. Professional Services Agreement—Biddle Consulting Group Page 4 of 14 (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000- Bodily Injury by accident;each accident/occurrence $100,000- Bodily Injury by disease;each employee $500,000- Bodily Injury by disease;policy limit (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 City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name 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 City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to 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,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort Worth 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 City to request required insurance documentation shall not constitute a waiver of the insurance requirement. Professional Services Agreement—Biddle Consulting Group Page 5 of 14 (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder, it shall 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 City notifies Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall immediately desist from and correct the violation 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subvendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations 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 VENDOR, ITS PERSONAL REPRESENTATIVES,ASSIGNS,SUBVENDORSS OR SUCCESSORS IN INTEREST,VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 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: To CITY: To VENDOR: City of Fort Worth Biddle Consulting Group,Inc. Attn: Valerie Washington,Assistant City Manager John Piatt,Director,EEO Client Services 200 Texas Street 193 Blue Ravine Road, Suite 270 Fort Worth,TX 76102-6314 Folsom,CA 95630 Facsimile: (817)392-8654 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Vendor 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 Vendor,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. Professional Services Agreement—Biddle Consulting Group Page 6 of 14 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Vendor 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 City's or Vendor'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. SEVERABILM. 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. City and Vendor 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. 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 and B. 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. Professional Services Agreement—Biddle Consulting Group Page 7 of 14 This Agreement, including Exhibits A and B, contains the entire understanding and agreement between City and Vendor,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. Vendor 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 Vendor's option, Vendor 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 City to Vendor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS,OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 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 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, Vendor 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 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 City. 28. SIGNATURE AUTHORITY. Professional Services Agreement—Biddle Consulting Group Page 8 of 14 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 Vendor whose name,title and signature is affixed on the Verification of Signature Authority Form,which is attached hereto as Exhibit`W'. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W 9,documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of ,2019. (signature page follows) Professional Services Agreement—Biddle Consulting Group Page 9 of 14 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of By: this contract,including ensuring all performance and ame: Valerie Washington reporting requirements. Title: Assistant City Manager Date: (ol By: I-A4/L� ame: Mark Rauscher APPROVAL RECOMMENDED: Title: Assistant Director APPROVED AS TO FORM AND LEGALITY: By: e: James E."Jim"Davis Title: Fire Chief By. c� Name: Britt ey N. Da is ATTEST: Title: A tant City Attorney ®F ' °��' B Y . � : ?a` 1 a ayse U Title: City Secretary r F VENDOR: Biddle Consul ing,I c. ATTEST: By: By: &/y _4_ G �d Name: ° —v i Title: Date: OFFICIAL RECORD; Professional Services Agreement—Biddle Consulting Group Pa e I �f J FT. � �, �� EZHMIT A SCOPE OF SERVICES The Vendor shall provide to City a written Affirmative Action Plan that complies with Title 29 of the Code of Federal Regulations,part 30,et.seq.,and contains,at a minimum,the following: An Equal Opportunity Pledge: Vendor shall include in the written Affirmative Action Plan an Equal Opportunity Pledge that reads as follows: City of Fort Worth Fire Department will not discriminate against apprenticeship applicants or apprentices based on race, color, religion, national origin, sex (including pregnancy and gender identity), sexual orientation,genetic information, or because they are an individual with a disability or a person 40 years old or older. City of Fort Worth Fire Department will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under Title 29 of the Code of Federal Regulations,part 30. A Definitions Section:Vendor shall include in the written Affirmative Action Plan a"Definitions"section that defines key terms and phrases used throughout the Affirmative Action Plan.The definitions contained in the"Definitions"section shall be written in simple,plain English. Apprenticeship Coordinator/EEOP Coordinator Section:Vendor shall work with City to identify as the Apprenticeship Coordinator/EEOP Coordinator an individual who will perform the functions outlined in the written Affirmative Action Plan. The written Affirmative Action Plan must include that individual's name,title,and contact information. Utilization Analysis for Race, Sex and Ethnicity Section: Vendor shall perform a utilization analysis to assess whether possible barriers to apprenticeship exist for particular groups of individuals.The utilization analysis must determine whether the race, sex and ethnicity of apprentices in a sponsor's apprenticeship program reflects persons available for apprenticeship by race,sex and ethnicity in the relevant recruitment area.Vendor shall analyze the race,sex and ethnic composition of the City of Fort Worth Fire Department apprentice workforce in two steps. In analyzing the race, sex and ethnic composition of the apprentice workforce, Vendor shall first group all apprentices in the program by occupational title and then identify the race, sex and ethnicity of its apprentices within that occupation.The Utilization Analysis section must also include an Availability Analysis that complies with 29 C.F.R.§30.6(c)and a Rate of Utilization figure that complies with 29 C.F.R. § 30.6(d). Utilization Goals for Race,Sex and Ethnicity Section:Vendor shall work with City to develop utilization goals that are based on external and internal availability of racial and ethnic minorities as well as women. Vendor shall ensure that none of the goals included in the Affirmative Action Plan(1)establish inflexible, compulsory quotas; (2) create set-asides for specific groups; (3) justify extending a preference to an individual, selecting an individual or adversely affecting an individual's status as an apprentices on the basis of his or her race, sex or ethnicity;(4)supersede eligibility requirements for becoming an apprentice in the apprenticeship program;(5)require City to select a person who lacks qualifications to participate in the apprenticeship program successfully;and(6)require City to select a less-qualified person over a more- qualified one. Utilization Goals for Individuals with Disabilities Section: Vendor shall work with City to develop a benchmark against which City must measure the representation of individuals with disabilities in the apprenticeship workforce by major occupation group. Vendor shall ensure that none of these utilization goals establish quotas or ceilings that limit or restrict the employment of individuals with disabilities as Professional Services Agreement—Biddle Consulting Group Page 11 of 14 apprentices. Targeted Outreach,Recruitment and Retention Section:on finding underutilization,Vendor shall work with City to ensure the Affirmative Action Plan includes specific targeted outreach, recruitment and retention activities City plans to take for the upcoming program year.The Targeted Outreach,Recruitment and Retention section of the written Affirmative Action Plan must, at a minimum, include the following activities: i. Dissemination of information to organizations serving the underutilized group regarding the nature of apprenticeship, requirements for selection for apprenticeship, availability of apprenticeship opportunities, and the equal opportunity pledge of the sponsor. These organizations may include: Community-based organizations; local high schools; local community colleges; local vocational, career and technical schools; and local workforce system partners including One Stop Career Centers; ii. Advertising openings for apprenticeship opportunities by publishing advertisements in appropriate media which have wide circulation in the relevant recruitment areas; iii. Cooperation with local school boards and vocational education systems to develop and/or establish relationships with pre-apprenticeship programs targeting students from the underutilized group to prepare them to meet the standards and criteria required to qualify for entry into apprenticeship programs; and iv. Establishment of linkage agreements or partnerships enlisting the assistance and support of pre-apprenticeship programs,community-based organizations,advocacy organizations, or other appropriate organizations,in recruiting qualified individuals for apprenticeship; Invitations to Self-Identify as an Individual with a Disability: In connection with providing the written Affirmative Action Plan,Vendor must also create and provide City with three different types of Voluntary Invitations to Self-Identify as an Individual with a Disability: one for the (1) pre-offer phase of the apprenticeship;(2)post-offer phase of the apprenticeship;and(3)apprentice.The Pre-Offer invitation must invite applicants for apprenticeship to inform the City of Fort Worth Fire Department whether the applicant believes that he or she is an individual with a disability, as defined in 29 C.F.R. § 30.2. The Post-Offer invitation must invite the applicant to inform the City of Fort Worth Fire Department whether the applicant believes that he or she is an individual with a disability, as defined in 29 C.F.R. § 30.2. The Apprentice invitation must invite the apprentice to inform the City of Fort Worth Fire Department no later than January 18,2019. Selection of Apprentices Section: Vendor shall include in the written Affirmative Action Plan a section that outlines and evaluates City's procedures for selecting apprentices for the apprenticeship program. Annual Review of Personnel Processes Section: Vendor shall include in the written Affirmative Action Plan a description of City's review of City's personnel processes related to the administration of the apprenticeship program. In this section, Vendor shall also identify any modifications City made or will make to the program as a result of its annual review of personnel processes related to the administration of the apprenticeship program. The written Affirmative Action Plan must be completed and submitted to City on or before September 15,2019. Professional Services Agreement—Biddle Consulting Group Page 12 of 14 EDIT B VERIFICATION OF SIGNATURE AUTHORITY JOHN PIATT DIRECTOR,EEO CLIENT SERVICES BIDDLE CONSULTING GROUP,INC. JPIATT@BIDDLE.COM Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor.City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit to City an updated Form within ten(10)business days if there are any changes to the signatory authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: J '` P,lu tT Position: �t Signa e 2. Name: JJIkj i0 Ftova Positio (' Signature 3. Name: PA7RlG,t- X'0( Ncaecx) Position: &—VP `Si re Name: Signature of President/CEO Other Title: Date: Professional Services Agreement—Biddle Consulting Group Page 13 of 14 *ebiddle opportunity. for all. EX1 Mrr C PRICE QUOTE CITY OF FORT WORTH APPRENTICESHIP PROGRAM AAIP $5,450 NOVEMBER 15,.2018 Create if written irmative action plan Narrative a ■ Assignmitnt of responsibility(29 CFR 30.3(b)(1)) ■ Internal dissemination of EO policy(29 CFR 30.3(b)(2)) • Universal outreach and recruitment(29 CFR 30.3(b)(3)) • Develop and update annually a list of current recruitment sources • Identify contact person from the recruitment sources • Provide 30-days advance notice to recruitment sources of apprenticeship openings ■ Maintain apprenticeship programs free from harassment,intimidation and retaliation(29 CFR 30.3(b)(4)) ■ Internal audit and reporting(29 CFR 30.4(a)(3)) ■ Annual review of the personnel processes(29 CFR 30.9) Technical components(29 CFR 30.5 to 30.9) ■ Utilization analysis by EEO category/job group(develop job groups) ■ Establish utilization goals for minorities and women(conduct availability analysis) ■ Establish utilization goals for persons with disabilities ■ Evaluate the impact of a selection procedure(i.e.,disparate impact analysis)(29 CFR 30.10(b)(1)) Exempted from the requirements: • Less than 5 apprentices ■ Already have an AAP(e.g.,EOP done for the City or AAP completed under EO 11246) Development of AAP ■ Within 2 years of January 18,2017 ■ Or within 2 years of registration of apprenticeship program • Must be updated at each compliance review of the Office of Apprenticeship or every 3 years if no review is conducted 193 blue ravine road suite 2M folsom,ca 9563o toll free:am 999 0438 Professional Services Agreement--Biddle Consulting Croup Page 14 of 14