HomeMy WebLinkAboutContract 52912 City Secretary Contract No. —1 d�
FORTWORTH
PROFESSIONAL SERVICES AGREEMENT
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 ,its duly authorized Assistant City Manager,and Morris&McDaniel,Inc.
("Vendor"), a Virginia Corporation, and acting by and through David M. Morris, its duly authorized
President,each individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule;and
4. Exhibit C—Verification of Signature Authority Forin.
Exhibits A,Band C,which are attached hereto and incorporated herein,are made apart of this Agreement
for all purposes.In the event of any conflict between the terms and conditions of Exhibits A,B or C and
the terms and conditions set forth in the body of this Agreement,the termsand conditions of this Agreement
shall control.
1. Scope of Services.Police Captain Assessment Center[simple description ofseope of
services]. Exhibit "A," - Scope of Services more specifically describes the services to be provided
hereunder.
2. Term. This Agreement shall begin on the date signedby the Assistant City Manager below
("Effective Date")and shall expire one year from the effective date,unless terminated earlier in accordance
with this Agreement("Initial Term"). City shall have the option, in its sole discretion, to renew this
Agreement under the same terms and conditions,for up to four(4)one-year renewal options,at City's sole
discretion.
3. Compensation. City shall pay Vendor in accordance with the fee schedule of Vendor
personnel who perform services under this Agreement in accordance with the provisions of this Agreement
and Exhibit"B,"—Price Schedule. Total payment made under this Agreement for the first year by City
shall be in an amount up to Thirty-Five Thousand Five Hundred and no/100 Dollars($35,000.00).
This sum includes$2 7,000.00 in professional fees and a flat fee amount of$8,000.00 to cover all expenses
required to score the oral exercise videos at Vendor's National Scoring Center in Memphis,TN,including
all facilities costs and travel and lodging expenses for independent external assessors recruited by Vendor.
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.
Professional Services Agreement
FT. WORTH,TX
City Secretary Contract No.
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 b een 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 perforin services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other fonnat
deemed acceptable to City.
S. 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 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure underthe Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure.A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
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 even
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
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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.
7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work perfonned 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,Vendors 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-employeror a Joint employer of Vendor or any
officers,agents,servants,employees or sub Vendor 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 LIABLEAND RESPONSIBLE FORANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR 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
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL I: EMNIFICATION- VENDOR HEREBY COVENANTSAND
AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS
AGENTS,SERVANTSAND EMPLOYEES,FROMAND A GAINSTANYAND ALL CLAIMS
OR LA WSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGEDDAMAGE ORLOSSTO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY,INCLUDING DEATH, TOANYAND ALL PERSONS,ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENTACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICEn
AGENTS,SER VANTS 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
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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 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 assignor 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 boundby 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 effectprior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
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(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.
(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
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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.
(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)receivedby the otherpartyby United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Morris&McDaniel,Inc.
Attn:Jay Chapa,Assistant City Manager David M. Morris,President
200 Texas Street 117 S. St.Asaph Street
Fort Worth,TX 76102-6314 Alexandria,VA 22314
Facsimile:(817)392-8654 Facsimile:703.836.4280
With copy to Fort Worth City Attorney's Office at With email to"contact@morrisandmedaniel.com"
same address
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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 contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision shall not apply to an employee of eitherparty who responds
to a general solicitation of advertisement of employment by either party.
15. Governmen'al 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 temi 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.
is. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity,legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Maieure. 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 ControllinL. Headings and titles used in this Agreement are for reference
purposes only,shall not be deemed apart of this Agreement,and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A,B,and C.
22. Amendments/ Modifications/Extensions. No amendment,modification,or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement,including Exhibits A, B and C, contains the
entire understanding and agreement between 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
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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 high 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 nonconfomling
services.
26. Immigration Nationality Act.Vendorshall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (1-9). Upon request by City,Vendor shall provide City with copies of all 1-9
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 th is 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 aspectof the Work Product shall be considereda"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. 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 hasbeen 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 Vendorwhose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
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
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specified documentation so may adversely impact future invoice payments.
30. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreementis for less
than$100,000,this section does not apply. 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 Govemment
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,theparties hereto have executed this Agreement in multiples.
(signature page follows)
Professional Services Agreement Page 9 of 13
Cily Sccrctary Conuacl i;u.
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
Name: _ ��� ,�,� � reporting requirements.
Title: Assistant City Manager
Date: 46—/,o ,2V F By. �.
Name: ___LL?- '` �,.
APPROVAL RECOMMENDED: Title: wo- i- 4 v'.L
APPROVED AS TO FORM AND LEGALITY:
By: C6- 2
Name: Olt
Title:
By:
Name: t'
ATTEST: Title: Assistant City M orney
CONTRACT AUTHORIZATION:
M&C: -Nh—
Name:
Title: City Secr
VENDOR: Af
�XAS
Morris&McDaniel,lire.
, r
if !/
NaniP avid M. Morris
Title: President
Date: September 27,2019
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Professional Services Agreement Page 10 of 13
EXHIBIT A
SCOPE OF SERVICES
Vendor Services Agreement—Exhibit A Page 11 of 13
SCOPE OF SERVICES
As described in the RFP, Morris & McDaniel will create and administer an assessment center process for
the rank of Police Captain,as well as possibly administer future assessment center processes.These services
can be considered as three separate but connected projects.
■ Project V. A Create Assessment Center
■ Project V. B Administer the Assessment Center Process
■ Project V. C Possible Administration of Future Assessment Center Processes
Project V A Create Assessment Center
Morris&McDaniel shall develop the assessment center based on the professional guidelines for assessment
centers advocated by the American Psychological Association and in accordance with the federal Uniform
Guidelines on Employee Selection Procedures (UGESP). We will work with the City to ensure that the
assessment center exercises are developed in a manner that will result in the least amount of adverse impact
possible. We will also make all final decisions concerning the design and implementation of the assessment
center.
Candidate Orientation Presentations: Morris & McDaniel shall provide an initial Assessment Center
Orientation in a video or PowerPoint presentation format to selected City employees.This presentation can
include "mock" or sample versions of assessment modules. Morris & McDaniel is a strong advocate of
candidate orientation briefings. We find that these sessions "level the playing field." If some candidates
have had previous experience with a particular promotional assessment process, they have a potential
advantage due to familiarity with the approach. By giving all candidates information about the assessment
process,we eliminate errors that are referred to as methodological variance(resulting from some candidates
being familiar with the process, while others are not). We also believe that candidate orientation sessions
are beneficial in reducing adverse impact.
Professional psychological standards provide guidance on candidate and test taker orientation as do the
Guidelines and Ethical Considerations for Assessment Center Operations.Morris&McDaniel has over 42
years of experience in developing and conducting candidate orientation sessions for written tests and the
promotional performance-based assessment programs. We anticipate conducting three sessions
approximately two hours in length, with an adequate amount of extra time allowed for questions and
answers, for all promotional components for each of the targeted ranks to accommodate the City's shift
schedules. Orientation packets are provided by our firm. The following outline is a sample of the topics
covered in candidate orientations for an assessment system with a written test and some form of a
performance-based assessment (i.e., oral boards, assessment centers). Candidates are provided with
information on the following topics:
• Overview of the Examination Plan with Test Date, Time and Location
• Test Security
• Test Components/Content
• Written Multiple-Choice Examination
• Performance-Based Assessment(if applicable)
- Informed Participation
- What is a Performance-Based Assessment?
- History of Performance-Based Assessments
- Performance-Based Assessment Dimensions
- Scoring the Performance-Based Assessment
Page 1 of 7
SCOPE OF SERVICES
- Performance-Based Assessment Exercises
- Administrative Logistics
• Preparation Strategies for the General Multiple-Choice Test and Performance-Based
Exercises
• Rules of Conduct
• Overall Helpful Suggestions
We have found these candidate orientation sessions to be effective in reducing candidate anxiety
regarding the assessment process. They help candidates to perform at their maximum capability and ensure
that they have adequate knowledge regarding the City's policies and procedures for the entry level and
promotional process. It is our common practice for the first session to be recorded, complete with Q&A
session, and replayed for all subsequent sessions. After all sessions are complete, a list of Q&As are then
posted for all candidates. This ensures all candidates are given the same information. In addition, if a
candidate is unable to attend one of the orientation sessions or has additional questions, he/she can set up a
date and time with the City to review the orientation tape (if the City deems appropriate).
We shall also select the assessors who shall meet the following criteria: Hold a rank equivalent to
that of Captain, or above; Shall not reside in the City of Fort Worth; Shall not be related within the second
degree to any candidate for promotion; Shall not personally know any candidate for promotion; Shall have
at least two (2) years of experience in the rank being assessed or an equivalent rank; and Shall not be a
current or former employee of the City, Department or any other entity legally related to or controlled by
the city of Fort Worth.
As stated in the RFP, Morris&McDaniel will use,as appropriate,the following types of exercises
typically found in assessment centers: In-Basket, Problem Solving/Analysis, Written and Oral
Resumes/Structured Interviews, Role-Playing, Memo/Report Writing, Oral Presentation/Plan Preparation,
Staff Meeting, and/or Special Event/Operations.Our firm is a leader in developing assessment methods for
measuring knowledges and supervisory skills of protective service personnel. We have developed many
types of tests and exercises, and we have used many different types of technology to adapt the measuring
process to the demands of both the job and the administrative logistics. It is common practice for our firm
to allow all candidates who participate in the written test to move forward to the performance-based
assessment. Typical performance-based exercises that could be used are as follows:
• An In-Basket Exercise including items a Supervisor might deal with, such as memos,
telephone messages, background information,a partial organizational chart and a calendar.
Candidates are to take appropriate action on each item.
• A Situational Exercise consisting of hypothetical situations or questions of general inquiry.
Hypothetical situations will be standardized across candidates.
• A Subordinate Problem Exercise where the candidate is presented with a packet of
information which he/she must study prior to the question/answer period. The instructions
identify the role that the candidate must assume and provide background information
necessary to answer questions asked by a Supervising Officer.
• An Oral Tactical Exercise consisting of a scenario presented in which candidates are to
respond orally, applying law enforcement knowledge, skills and abilities.
• An Oral Presentation Exercise concerning a problem/situation relevant to police services,
with identical instructions for all candidates, where the candidate must analyze the
problem/situation and present a plan of action in an oral presentation.
Of course,these are only examples. We have provided sample test items for both promotional and
entry-level written tests in Appendix F. Exercises will be chosen based on the job analysis, and the specific
exercises developed will be tailored to the City's specific request and needs. It is assumed that the
performance-based exercises will measure primarily the administrative/supervisory components of the jobs.
The primary objective of the assessment exercises will be to identify and rank order high potential
individuals for promotion to the targeted ranks quickly. None of our performance-based tests have had
adverse impact on women or minorities. In addition to the instruments that assess the cognitive,
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SCOPE OF SERVICES
communication, problem-solving skills and other abilities, we can also offer the Department instruments
that assess writing proficiency, competencies such as Accountability, Integrity, Decisiveness,
Communication, Teamwork, Flexibility, Delivering Results, Serving, Technical Competency, and
Leadership, all of which reflect the competencies of the Fort Worth Fire and Police Department.
We understand that we may use other types of assessment exercises or methods if there is
documented research on the validity of the exercise or method for use with assessing the rank of Captain,
or equivalent rank.Morris&McDaniel will have responsibility or oversight of the following administrative
functions: collect data on the essential job duties of the tested rank for test and exercise development,
develop an assessment center based on the essential job functions of the tested rank,document that selection
devices are valid and reliable measurement instruments and that acceptable and legally defensible statistical
methods were used, conduct any necessary transportability studies for use of standard assessment exercise
or methods for use with the tested rank, provide any documentation or research supporting the validity of
the exercises or methods used,provide an Administrator's manual to the HR department,provide guidance
on the selection of assessors, conduct or provide a training manual for training assessors to objectively
evaluate candidate performance or behavior and rate candidates on the appropriate rating scales. Provide
rating scales and criteria for evaluating candidates on the appropriate assessment dimensions and a
methodology to combine assessment center scores to place candidates on a rating scale with 100 points,
conduct or provide materials and information for an orientation to the assessment center process for
candidates,and provide guidance or conduct any other administrative function deemed necessary to insure
the fairness or efficiency of the assessment process.
Train Raters or Assessors: Morris&McDaniel firmly believes that the quality of the performance-based
assessment is dependent upon the quality of the assessor/rater training. It is important to select individuals
from other jurisdictions who have the potential to be good assessors (good observational, recording and
evaluating skills, free from bias) and to place them in a comprehensive training program to test their
assessor/rater skills for a given promotional system.
Morris & McDaniel follows the procedures outlined for assessor/rater training in the Guidelines
and Ethical Considerations for Assessment Center Operations. A diverse group of assessors, equal to the
tested rank or higher and including ethnic, racial and gender diversity, will be recruited from surrounding
jurisdictions and trained to rate and evaluate each rank. A panel of four(4) assessors/raters from outside
of the City will be provided for each exercise,for each rank,in the performance-based assessment. We will
conduct a one and one-half to two-day training session for assessors immediately prior to the assessment
activities. Morris&McDaniel recognizes the importance of a well-trained cadre of assessors to ensure the
successful operation of public safety performance-based assessment programs. A principal or senior
researcher from our firm will be on-site to conduct the assessor training and to monitor the entire scoring
process.A sample table of contents for assessor training is given below.
TABLE OF CONTENTS
L Introduction 1
II. Outline of Assessor Training Program 2
III. History of Performance-Based Exercises 5
IV. Assessment Center Principles: Standards and Ethical Considerations 8
V. Assessment Center Dimensions and Exercises 14
VL Behavioral Observation and Recording 23
VII. Use of Assessor Report Forms 26
VIIL Recognizing and Classifying Behavior by Dimensions 36
IX. Rating Behavior 41
X. Evaluating Behavior by Dimensions 45
XI. Practice on the Actual Exercises 48
XII. Exercise #1 49
XIII. Exercise #2 89
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XIV. Exercise#3 150
XV. Assessment Council Activities 181
XVI. Guidelines for Assessors 192
XVII. Schedules and Administration 194
During each training session, each assessor will receive a written reference manual for use and study and
will be evaluated to determine his or her ability to:
1. Recognize, observe, and report the behaviors measured in the exercise;
2. Classify behaviors into the appropriate dimensions; and
3. Score the performance-based exercise.
The performance-based exercise will be assessor scored using consensus procedures and the
following scale:
7.0 Superior
6.0 Very Good
5.0 Good
4.0 Clearly Competent
3.0 Needs Some Improvement
2.0 Needs Considerable Improvement
1.0 Poor
A seven-point scale is used to provide for adequate range. The final rank-ordered eligibility list
may be based on the assessment process and the score on the written test. The scores are typically converted
to a 100-point scale. During the training sessions the assessors will participate in a mock performance
assessment to ensure that they have obtained a thorough knowledge and understanding of the assessment
techniques used and of the dimensions being assessed. Their participation in this mock center will help
them to acquire skill in behavior observation and recording,as well as thorough knowledge of the evaluation
and rating procedures. Assessors will also become acquainted with the assessment policies and practices
of the City's assessment program. This process provides for further pre-testing of the exercises and pilot
testing of the rating protocol.
Project V. B Administer the Assessment Center Process
Morris&McDaniel will administer the Assessment Center Process based on times, dates and locations as
predetermined by the HR and Police Department. Morris & McDaniel and the selected assessors will be
available in a timely manner to administer all exercises related to a given promotional exam.We understand
that we shall also:
■ Conduct an initial Assessment Center Orientation in a video or PowerPoint presentation format to
selected City employees. This presentation can include "mock" or sample versions of assessment
modules.
• Discuss event-specific, planned exercises, scenarios and modules only the HR and the Police
Department staff assigned to administration of the Assessment Center process.
■ Meet with designated members of the Police Officers Association, along with the HR and Police
Department staff assigned to administration of the Assessment Center, to review statistical test
evaluations,outcomes and methodology,which shall include the materials associated with assessor
training and performance, and any candidate orientation materials.
■ Video all applicant participation in all assessment center testing modules. These videos should be
provided to HR at the conclusion of all testing.
■ Provide the HR Department an overall summary report of all materials, methodologies, and
exercises, and the individual module scores and final scores for all candidates involved in the
respective assessment center process.
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■ Document and prepare a comprehensive summary report with a final grade for each participant in
an assessment center process. This report shall be in such a format so that HR and assigned Police
Department City staff can discuss the final results with the participant.
■ If necessary, an assessment center will be revised by Contractor or Consultant if the revision
involves removing unnecessary exercises or adjusting rating scales.
■ Document that the selection devices used are valid and reasonable measurements with regard to the
transportation study and the Federal Uniform Guidelines on Employee Selection Procedures
(UGESP).
■ Provide any documentation and testimony to appear in court or before any regulatory authorities
or bodies to provide any testimony as an expert witness in conjunction with any challenges,appeals,
suits, grievances which might arise from providing the proposed services.
■ Defend and/or represent the City and testify on the City's behalf if any claims or allegations are
made regarding the services provided including, but not limited to, the validity of test battery or
evaluations methods or results.
■ Research and investigate to ensure that all tests, procedures, results, and interpretations are valid,
reliable, cross cultural, and legally defensible for the purposes used.
■ Document that the entire selection process is valid and meets all required criteria.
Project V C Possible Administration of Future Assessment Center Processes
Morris & McDaniel agrees that if the City of Fort Worth decides to conduct future Assessment Center
processes, that we will ensure all requirements for Project II and Project III are met with the exception of
the requirement to conduct the initial assessment center orientation referenced in Section 31.10.1 of the
RFP.
Examination Schedule: Morris & McDaniel will work with the City and Department decision-makers to
prepare an examination schedule for each rank. These schedules are often driven by a number of factors—
City policies, Departmental preferences and possible conflicts. Sufficient time must be provided for
distribution of the final Reading List prior to job knowledge tests, proper appeal process, the presentation
of results, etc. The final schedule will reflect all of these factors and City preferences. We recommend
extending the time allotted to a minimum of ninety days and longer, if possible, because this will result in
more learning and reduce legal exposure. We have provided a time-related Gantt chart on the following
page to show tasks and milestones related to the scope of work. This Proposed Project Schedule is only a
sample will be adjusted according to the City/Department's needs.
6. Review Developed Examinations or Assessments with Subject Matter Experts
In an effort to further ensure content validity of the written exams and the performance-based
exercises, Morris &McDaniel will conduct a review with subject matter experts from within the Fire and
Police Department. In order to ensure that the items are correctly keyed, exercises are appropriate,and are
properly tailored to the particular organization, we will have all test items and/or exercises reviewed by
competent SMEs.
7. Conduct the Approved Examinations or Assessments
Our Morris & McDaniel team, including an officer and senior researchers, will be on site and
supervise the administration of the assessment exercises. All exercises will be administered and captured
via video, provided by our firm. This method provides many benefits; one of which is security. It allows
all exercises to be administered in such a way that no one candidate will have an opportunity to acquire
additional information regarding the exercise content before he or she actually takes the exercise. Video-
based assessments also increase the efficiency and accuracy of the assessor ratings. This represents an
improvement over the administration of the same exercise over several days and ensures no breach of test
security. It is best for the City to provide support staff to assist in the administration of these exercises.
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TASKS 1 2 3 4 5 6 7 8 9 10 11 1 1 1 1 1 17 1
2 3 4 5 6 8
Project Planning
Review Existing Job
Analysis&Conduct Job
Analysis to Demonstrate
Validity
Selection of Source
Material; and
Development of Written
Examination; SME
Review/Input
Develop and Conduct
Candidate Orientation
Sessions
Written Exam
Administration and
Scoring
Candidate Appeal
Process; establish cut-off
score(if used)
Develop Assessment
Center Exercises(if
applicable); SME
Review/Input
Administer Assessment
Center Exercises
Assessor Training and
Monitor Assessment
Center Scoring
Presentation of Results
(Eligibility List)
Provide Final Reports
Our firm will work with the City's staff to train them on the administration, set-up, and breakdown of
assessment procedures.
8. Analyze Test Results for Adverse Impact
Per the RFP, Morris & McDaniel shall compile an item analysis and other statistics for adverse
impact and submit statistical reports for each exam. Item analysis, item difficulty, score distributions, and
other relevant analyses including how members of protected groups scored will be reviewed, and the
standard error of each test will be calculated. Statistical tests for determining adverse impact will be
conducted for all protected groups. All test components will meet the validation requirements to refute any
challenge based on adverse impact.
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9. Provide Score Reports and Customized Developmental Feedback
Accurate and timely score reports and feedback are essential to an effective entry-level and
promotional screening program. These are high stakes testing programs, and the candidates are eager to
learn how well they performed as well as to learn what they must do differently to perform at an even higher
level. As stated in the RFP, Morris & McDaniel will be responsible for grading the written examinations
for each rank applicable no later than(7) calendar days after receipt of exam answer sheets from the City.
Morris & McDaniel has had extensive experience in developing a variety of score and feedback reports.
We shall work with the City to determine (a) what types of reports the candidates have been receiving in
the past, (b)City preferences for future report formats(any improvements that they wish to have made)and
(c) scheduling for the delivery of scores and feedback for a given examination. Depending on the wishes
of the City and the Department, candidates can be provided with immediate feedback on the written test
and allowed appeals for each written test item.It has been Morris&McDaniel's experience that acceptance
of the promotional process is enhanced by providing candidates with feedback on their performance in the
assessment programs.
Morris& McDaniel proposes to provide each candidate with individual written feedback. Written
feedback will consist of providing each candidate with the overall score and with a skills profile. This will
indicate the areas in which he/she excelled, and the areas where there are developmental needs. It is
recommended that candidates be given the opportunity to view, or listen to, aspects of their performance if
video recordings were used. The skills profile will provide the candidate's scores for each of the
performance-based exercises and the low, the high and the mean scores for each exercise. Candidates
should be encouraged to view their video tape as a learning tool if the City chooses to record.
Again, our firm is prepared to present many different options for candidate score reporting and
feedback that the City and the Department may consider. These options are best provided in person and in
a dialog with decision makers.
10. Conduct Challenge/Appeal Procedures
Our firm has had extensive experience in developing model appeal procedures which comply with
all elements in administrative law. There are various options available for candidate review and appeal. In
discussion with the administration decision-makers, informed decisions can be made on this issue. Factors
to consider are:
• Test Security Issues
• Administrative Cost in Scheduling and Monitoring
• Fourteenth Amendment Rights
• Local Rules and Ordinance which may govern or impact
As required by the RFP,in the event that the validity of an examination question is appealed,Morris
&McDaniel will provide a written response to the Civil Service Commission(CSC)defending the validity
of the question. We will prepare written defenses of all appealed questions within fourteen (14) calendar
days of receipt. We will also prepare briefing materials that shall include seven (7) binders/booklets
containing the following: 1) a list of appealed questions, 2) Morris & McDaniel's written defenses, 3)the
portion of study material containing the source from which the answer was taken and any pages in the study
material referenced by the appellant, and 4) an item analysis for all exam questions.
11. Provide a Final Reliability and Validity Report
Morris & McDaniel will provide the City and Department with a Final Reliability and Validity
Report.
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EXHIBIT B
PRICE SCHEDULE
Vendor Services Agreement—Exhibit B Page 12 of 13
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EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
MORRIS&MCDANIEL,INC
117 S.ST.ASAPH STREET
ALEXANDRLA,VA 2213
703.836.3600
703.836.4280 FACSIMILE
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 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: Joe F.Nassar
Position: Vice-Pr sident
Si nature
2. Name:Roger H.McMillin f�
Posi ion►: Vice-Presiout t� 1
4
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Signs ►re
3. Name:
Position:
Signature
Name:
1 �� -----
n tire of President/CEO
Date: September 27,2019
Vendor Services Agreement—Exhibii% Page 13 of 13