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HomeMy WebLinkAboutContract 52913 City Secretary Contract No. 5" � 9 FORT WORTH �.,� _. 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 municti pal corrppoQration,actin 1 by and through _ ,its duly authorized Assistant City Manager,and I�7►tticWlts"loDettr�tW+ ("Vendor"), an ImAtWt LA►qWM'04, and acting by and through &ft(.1. , its duly authorized f#d5gjrMf 4 lraa ,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 Form. Exhibits A,B and C, 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, B or C 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. Police and Fire Testing Services [simple description of scope of services]. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 40 t3� 2. Term. This Agreementf full begin on the date signed by the Assistant City Manager below ("Effective Date") and shall expire_fear 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 Seventy-Two Thousand One Hundred Dollars ($72,100.00). 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 Cit first approves such expenses in writing. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Professional Services Agreement Page I of 13 City Sccretary C ntraci 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-ap roRriution 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 Ohli--ations 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 wan-ants 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 C_onFidential 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 under the Texas Public Information Act.In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will he 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 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. Professional Services Agreement Page 2 oC 13 City Scctetary Contract No 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, Indeyendent Contractor. It is expressly understood and agreed that Vendor shall operate as an independent contractor 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, 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-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. Liabilily 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 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 INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES 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 PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND 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 Professional Services AEreelnenl Page 3 of 13 City Secretary Contract No. 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. Assit;nmcut 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 nunimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 coovera-c and ]_units (a) Commercial General Liability: Professional Services A.-reement Pa,e 4 of 13 City Secretary Crniva;;t NO, $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/occun•enc.e. $100,000 - Bodily Injury by disease; each employee $500,000- Bodily Injury by disease; policy limit A 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 contractua] 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 Gencrcrl IZec uiremenis (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 pre.mium. 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. Professional Sei vices Agreement Page 5 of 13 City Secre(ary Contract No. (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 RCL'UIa1i011S. 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, sub Vendors 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. 11, 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: INwst�u�t.joa�u�iat�- City of Fort Worth SflLuTlor�S . Attn: Jay Chapa,Assistant City Manager �u 1e �le Title A�Tee 200 Texas Street t�71� ISIefG3Tpr1 t7t�GtilO Fort Worth, TX 76102-6314 OAV,fxt2L 1 ty►A01r_a3 Facsimile: (817) 392-8654 Facsimile: :1M.AkQ.1!.f 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 fora 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 Professional Services Agreement Page 6 of 13 City Secretary Contract No. 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. 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 Lary/Venue. This Agreement shall be.construed in accordance with the laws of the Stale 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. Severabilily. 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 Maiettre. 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. Ileadint s 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, 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 Alircement. 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. Counle+'parts. 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. Professional Services Agreement Page 7 of 13 City Secretary Conu-act No. 25. %yarranty of Services. Vendor warrants that its services will be of a high quality raid 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 Cily 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 Fond (1-9), 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 he 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. Ownershit) of Work i'roduct. 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-rnade- 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 pall 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 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"C",Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. Chanl;e in Conmany 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. No Boveolt of Israel. If Vendor has fewer than 10 employees or this Agreement is for less Professional Services Agreement _ Page 8 of 13 City Secretary Contract No. 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 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. (signature page follows) Professional Services Agreement Page 9 of 13 City Secretary Contract No. 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: eSvS reporting requirements. Title: Assistant City Manager' Date: l� �d .20 r/ By: rx� APPROVAL RECO MENDED: Name: 1� c5t-S� Title: �� (',(� APPROVED AS TO FORM AND LEGALITY: By: Name: Title: t,�L4ls1XJ By. Name: e ATTEST: Title: Assistant City Att ney CONTRACT AUTHORIZATION: M&C: Imo_ Name: rN: .. Title: City Secr t ry O 2 VENDOR: (AS 1�• By: Name. CA4b G. Title: QE*11' ,� CC-eQ Date: Cj62ffl6ft9=V.20tn 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 I of 13 A:} f ry UVO 4. dw Scope of Service ' 5 } y Industrial/Organizational Solutions, Inc. (IOS) is honored to have the opportunity to respond to your Request for Proposals. This section of the proposal will detail our plan to provide both the Police and Fire Departments of Fort Worth, TX with entry-level and promotional testing services. Kick-off Meeting We enter into a project with an expectation of implementing a specific best-practice methodology; however, we understand that every client has unique constraints and conditions that must be carefully considered in determining the proper assessment process design. Local laws, rules and procedures may cause us to alter our course. Also, there are often conventions that affect testing practices that cannot be easily changed or adapted such as Civil Service rules, collective bargaining agreements, etc. This is why we place a high value on conducting an initial kick-off meeting to learn about our client's particular situation and to consider the specific goals and expectations. This meeting is critical to ensure that we deliver a successful and beneficial service. The Project Director will first meet with your project manager and other designated personnel to discuss and determine specific objectives, personnel roles and project timelines. Job Analysis Job analysis is the thorough investigation of the elements of a job. Generally, a job analysis is more extensive than a job description, which seeks to describe a job in summary/highlight form. The job analysis seeks to identify all job tasks that make up a job and the knowledge, skills abilities and personality characteristics (KSAPs) that are required to perform such job tasks. The job analysis is the foundation piece of a selection process because it serves to define the knowledge, skills and abilities that can be assessed by selection tools. In short, the job analysis is the basis by which we can demonstrate evidence of content validity. To begin the job analysis, IOS will interview a stratified random sample of job incumbents for the target position. The sample will be stratified to ensure that a representative number of minorities and females are interviewed. Incumbents will be questioned about critical tasks, daily routines, essential job knowledge, critical skills and abilities, job challenges, critical job incidents, etc. In addition to interviewing incumbents, we will observe them doing their jobs. IOS will also interview a sample of supervisors to gain an additional perspective concerning job duties and responsibilities. Based on information obtained during the interviews/observations, IOS will develop a comprehensive job analysis questionnaire QAQ). The JAQ contains a list of all potential tasks and KSAPs that are associated with the job. This questionnaire will be completed by a sample of incumbents to gain information about the nature of the job. Incumbents will rate each task or KSAP as to its importance (how important successful completion of the task is to the job) and Copyright 01019,Industrial/Organizational Solutions,Inc. 3 CONFIDENTIAL--PROPRIETARY INFORMATION frequency (how often the task is performed). Specific scales will be used to make these ratings. Prior to its administration, IOS will request that a group of subject matter experts (SMEs) who supervise the target position review the JAQ to ensure that it accounts for all job tasks and KSAPs, uses familiar language and is organized in a meaningful way. After obtaining feedback and making any necessary revisions, IOS will coordinate the administration of the JAQ. The JAQ will be administered to a large sample of incumbents. Incumbents will receive the JAQ along with a computer-scannable answer sheet on which ratings will be collected. We will ask the department to coordinate the completion of the JAQs and direct incumbents to turn the JAQ into a supervisor within approximately two weeks. At the end of this period, all JAQs will be returned to IOS for analysis. JAQ data gathered from incumbents will be analyzed to identify those tasks and KSAPs that are essential to the target job. This will be done by combining the "importance" and "frequency" ratings. Generally, the ratings given to any task or KSAP will be weighted using the following formula: .666(importance rating) + .333(frequency rating). This formula will yield an "essentiality" rating. All those tasks and KSAPs with a high enough essentiality rating will be considered essential job tasks and will be used to define the target job. Using the list of essential job tasks and KSAPs, IOS will engage a process to link essential tasks to the KSAPs that are required to accomplish these tasks. This linkage process will ensure that the job tasks are related to specific, measurable knowledge areas and KSAPs that can be assessed using conventional tests and assessments. Essential KSAPs will later be used as the basis for developing promotional written exams and ensuring that our entry level exams also display content validity for your departments. The job analysis process will yield a comprehensive list of essential job tasks and KSAPs. A report will be completed to outline the methodology used during the job analysis and to summarize the outcomes and ratings of the job analysis process. This report will document the following methodological elements: • Job observation/interview sampling and outcomes ■ Job analysis questionnaire development and review ■ Job analysis questionnaire sampling, distribution and analysis • Task-KSAP linkage ■ Essential task and KSAP results Entry Level Testing Services Based on the City's RFP, IOS has provided entry level police and fire examination options below. During the application process, candidates will have the opportunity to obtain a study guide for each of these exams that includes sample cognitive and non-cognitive questions. IOS will work with the City of Fort Worth to ensure that these exams comply with Chapter 143 of the Local Government Code as well as the CBA and M&C Labor Agreement. Upon completion of job and linkage analyses for both entry level ranks to ensure content validity, Copyright©2019,Industrial/Organizational Solutions, Inc. 4 CONFIDENTIAL—PROPRIETARY INFORMATION tests will be printed, bound, and shipped to the City along with administration instructions and answer sheets no later than ten (10) calendar days prior to each examination. Following the administration of the exam, the City will send answer sheets to IOS where they will be graded no later than seven (7) calendar days after receipt. Upon completion of each entry level exam process, IOS will provide the City with a bound technical report documenting the procedures used to establish the validity of the examination. Specifically, we propose that a transportability study be conducted in conjunction with the job analysis for each of the entry-level positions. The following sections provide entry-level exams available to the City of Fort Worth along with a brief description. Police Officer Entry-Level Written Examination We propose the use our proprietary National Criminal Justice Officer Selection Inventory- Integrity (NCJOSIZ). The NCJOSI' has a 2 '/2 hour time limit and are available in multiple parallel forms. Following is a history of the development of these exams and additional information: The National Criminal Justice Officer Selection Inventory-Integrity (NCJOSI2) has been validated numerous times for law enforcement positions and it is capable of demonstrating little to no disparity between protected classes. This is accomplished by using a cognitive ability component and an integrity measure as a compensatory, weighted composite. The NCJOSI2 has been used by numerous law enforcement agencies including Chicago IL, Miami Beach FL, Indianapolis IN, St. Paul MN, Corpus Christi TX, and many others In order to provide the most detail possible regarding this test, we have supplied its technical report as an appendix to this proposal. IOS has a web-based platform for the administration of examinations, if necessary. The City of San Antonio utilizes our online system. Firefighter Entry-Level Written Examination The National Firefighter Selection Inventory (NFSIT') exam is proposed for use in Fort Worth, TX and has been used by the City of Fort Worth for the past 10 years in addition to many additional agencies. The NFSI is a combination of cognitive ability assessments and a measure of behavioral orientation. We have four parallel forms of this exam. The NFSITI was administered to approximately 20,000 applicants for the City of Chicago on May 2006 (with follow-up administrations in 2009 and 2010) and again in December 2014. Prior to these administrations, the City of Chicago retained the services of a private consulting firm Qeanneret and Associates) to review all firefighter entry-level exams available nationwide and to identify the most valid and fair exam for use in Chicago. After a review of nine of the nation's top exams, the firm chose two which were used in a side-by-side local criterion-related validation study in the Chicago Fire Department. Following this large scale validation study, the firm recommended that the city use the NFSIT"' due to its far superior validity and fairness levels. In 2010, Virginia Beach Fire engaged a similar study by the consulting firm Valtera and again the NFSI was selected as the best firefighter selection tool for Virginia Beach. It is Copyright©2019,IndustriallOrgonizational Solutions,Inc. 5 CONFIDENTIAL—PROPRIETARY INFORMATION important to note that in each of these cases, the NFSITI was not only selected based on its superior validity evidence, but also based on its proven ability to reduce disparate impact levels and to promote greater racial diversity in hiring. Both Chicago and Virginia Beach faced the challenge of mitigating racial disparity and selected the NFSIT" to help accomplish this goal. In 2012, the NFSI` was subject to another criterion-related validation study in Pittsburgh, PA to meet the demands of the U.S. Department of Justice. In addition to the City of Fort Worth, TX, the NFSI has also been administered in Miami FL, Washington DC, Indianapolis IN, Arlington TX, Fairfax County VA, Milwaukee WI, and many more. In order to provide the most detail possible regarding this test, we have supplied its technical report as an appendix to this proposal. job Analysis & Transportabilitly Using the list of essential job tasks and KSAPs established in the job analyses for each entry level rank, our consultants will transport validity evidence that has been established in other jurisdictions to Fort Worth using a validity transportability study. During this process, IOS will link those essential police officer and firefighter job tasks that were identified in other jurisdictions to the essential police officer and firefighter tasks identified in the City of Fort Worth's job analyses to ensure a substantial job similarity. Having established this, IOS will also ensure that sufficient similarity exists in the demography of the two locations. Once a significant similarity is established it will be reasonable to transport criterion-related evidence established for another locale to Fort Worth. Litigation Support IOS will work with the City to provide litigation support and expert testimony to defend processes developed by IOS. Information regarding rates for these services can be found in the Pricing/Fee Structure. F9P?ftcAVq cr(F_ b EXHIBIT B PRICE SCHEDULE Vendoi Services Agreement—Exhibit B Page 12 o1'13 ire Investment The following table outlines costs associated with Project 1: Entry Fire Testing. Note that the cost for each testing cycle in presented. The first testing cycle will include job analysis and subsequent cycles will not, hence the reduction in price for subsequent cycles. Project 1(Entry-Level Fire Testing Services) Consultont Consulting Tech. Wrtr. Project Step Hrs. Assoc.Hrs. Hrs Admin. Hrs. Cost Job Analysis 16 34 0 3 $5,615 Job analysis interviews and observations with incumbents. 8 8 Design of job analysis questionnaire. 2 8 Coordination of JAQ administration. 1 Analysis of 1AQ,linkage analysis and compilation of results. 2 41 3 Documentation of job analysis outcomes in ajob analysis report. 3 6 Conduct transportability study to transport exam validity evidence to Ft.Worth. 8 Travel expenses. $1,660 Entry Level Examinations Entry-level licensing fee for exam count of approximately 2000.($15/exam) $30,000 Licensing fee for electronic study guide. $6,D00 Exam shipping. $575 Adverse impact analysis and reporting. $1,200 Not-to Exceed Flat Rate for Entry-Fire Testing Cycle(WITH JOB ANALYSIS) $45,050 Not-to Exceed Flat Rate for Entry-Fire Testing Cycle (W ITHOUTJOB ANALYSIS) $37,775 `IOS recented completed a job analysis and transportability study for entry level firefighter. We have provided these costs for future reference;however,these services should not be needed immediately. The following table outlines costs associated with Project 2: Entry Police Testing. Note that the cost for each testing cycle in presented. The first testing cycle will include job analysis and subsequent cycles will not, hence the reduction in price for subsequent cycles. Copyright©2019,Industrial/Organizational Solutions,Inc 20 _____.__. _. _____ _-- -�� Project 2(Entry-Level Police Testinges Services) Consultant Consulting Tech. Admin. Project Step Hrs. Assoc. Hrs. Wrtr, Hrs H rs. Cost Job Analysis 16 34 01 3 $5,615 Job analysis interviews and observations with incumbents. 8 8 Design of job analysis questionnaire. 2 8 Coordination of 1AQ administration. 1 Analysis of 1AQ,linkage analysis and compilation of results. 2 4 3 Documentation of job analysis outcomes in a job T analysis report. 3 6 Conduct transportability study to transport exam validity evidence to Ft.Worth. 8 Travel expenses. $1,660 Entry Level Examinations Entry-level licensing fee for exam count of approximately 1000. ($15/exam) $15,000 Licensing fee for electronic study guide. Y $3,000 Exam shipping. $575 Adverse impact analysis and reporting. $1,200 Not-to Exceed Flat Rate for Entry-Fire Testing Cycle (WITH JOB ANALYSIS) $27,050 Not-to Exceed Flat Rate for Entry-Fire Testing Cycle (WITHOUT JOB ANALYSIS) $19,775 *Job analysis and transportability study will only be performed during first test cycle. Copyright©2019,Industrial/Orgonizational Solutions,Inc. 21 Schedule of Hourly Rates -IOS 2019 Category Rate Cons ultant/Industrial cholo ist Ps y g $185/hour Consulting Associate _ $75/hour Technical Writer $_70/hour Administrative Assistant _ $35/hour Details Regarding Proposed Pricing.- The cost information provided is based on the facts and figures that were provided in the request for proposals. Should the scope of services need to be changed/modified, or the candidate numbers increase, IOS will calculate any additional project costs, based on our published hourly rates, and submit a change order to the agency prior to engaging in additional work. The proposed costs are fixed-firm and, unless the scope of work is modified, will be invoiced in total. IOS proposes the following invoice schedule: 1/3 upon contract execution, 1/3 upon development of the written examination, and 1/3 upon completion of the project. IOS will provide counsel, deposition and expert testimony services for the purpose of defending the development, validation and administration of selection processes in which we participate. Following are the fees associated with these services: Service Fee Expert counsel, deposition or expert testimony provided by a Ph.D. level $250/hour Industrial/Organizational Psychologist. Administrative services related to litigation support. $25/hour Copyright©20)9,IndustriallOrgonizational Solutions,Inc. 24 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY lt�R.lS(�al(1.�OQ(aht11�A�1caM• 5xx�xttuts,tNc. 0AV-p u* ,fit, ipob23 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:CAA/'q C, LeAe�L, Position: CC44-V a C Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: - Y. U Signat - c l'Presi ent /CF ) Other Title: Nb�, Date: �Ap\ Vendor Services Agreement—Exhibit C Page 13 of 13