HomeMy WebLinkAboutContract 53044 City Secretary Conti-act No. 53044
vJECENEP' -..
Nov 1 A V19
ClVf1YS�CNET1A Y H FORT WORTH,,,,
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ('City'), a Texas home rule municipal corporation and
PSYCHSCREENING, a sole proprietorship ("Vendor'), acting by and through Cindy Dickason, its dul\
authorized O\�ner,each individually referred to as a "party"and collectively referred to as the"parties.'
RECITALS:
WI I1:RI:AS, Vendor provides professional pre-employment psychological services: and
WI II::RI:AS. City is in need of professional pre-employment psychological services in order to
comply with state law and Texas Commission on Law Enforcement("TC01,U)requirements by providing
psychological cyalualions to applicants desiring to become telecommunications: and
WI IF.REAS. Vendor affirms that PSYCHSCREENING employs psychologists and/or psychiatrists
licensed to practice in the State of'Texas by the State Hoard of Fminliners of Psychologists or the Texas
Medical Board. Vendor further affirms that its licensed psychologists have knowledge of law enforcement
methods and procedures, have specialized knowledge in the use of psychodiagnostic and personality tests
fur employment selection decisions, have working knowledge of the laws surrounding the screening
process, and have a comprehensive understanding of the tests relevant to employment selection. and
WIIFIZI:AS. City and Vendor desire to enter into an agreement to have such professional pre-
employment psychological services provided to►he City.
NOW l'HERk;IY�ftl:, based upon Vendor's affirmations and in consideration of the mutual
covenants expressed herein, the parties agree as follows:
AGREEMENT DOCUMENTS:
Tile Agreement documents shall include the following:
I. This Vendor Services Agreement:
2. Exhibit A - Scope of Services:
3. Appendix A
4. Appendix 13
5. Exhibit B — Verification of Signature Authority form.
All Exhibits and Appendices, which are attached hereto and incorporated herein. arc made a part of this
Agreement fur all purposes. In the event ofany conflict between the teens and conditions of any Exhibit or
Appendix and the terms and conditions set forth in the body of this Agreement,the terms and conditions of
this Agreement shall control.
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FT. WG
City 8ccretary Contract No.
1. Scone of Service. Vendor shall provide profession4I pre-employment psychological
services to the City. Exhibit"A,"-Scope of Services more specifically dCscribes the services to be provided
hereunder.
2. Term. This Agreement shall begin on October 1,2019 "Effective Date)and shall expire
on September 30,2020.("Expiration Date"), unless terminated earlier i accordance with this Agreement
("Initial Term"). City shall have the option,in its sole discretion,to ren v this Agreement under the same
terms and conditions,for up to four(4)one-year renewal options,at City's sole discretion.
3. Fee. City agrees to pay Vendor $200.00 per applicant for administering the written
examinations, conducting the in-person assessment and completing ano providing to the City the forms
required by TCOLE and the written reports. The total cost for the Initi,at Term of this Agreement shall not
exceed $20,000.00. The City is only responsible for paying for servi,ws actually received, and does not
guarantee a certain amount of business by entering into this Agreement. The Fee shall be compensation
for all Services actually received. Payment shall be made monthly and shall be based upon the number of
applicant evaluations processed during the previous month, as reflected by notification to the City of
assessment results. No payment shall be due for any applicant un it completion by Vendor of all
documentation necessary for the City to process payments. Payment Vom City to Vendor shall be made
on an invoice basis fallowing receipt by City from Vendor of a signed invoice. The invoice shall be
submitted to City,addressed to:
City of Fort Worth Police Department
Attention: Financial Management Divisipn
505 W.Felix St.
Fort Worth,Texas,76115
Invoices should be received no later than the 151b day of the month following provision of any Services
under this Agreement. City agrees to pay invoices within thirty(30)days of receipt.
4. Termination.
4.1. Written Notice. Either party may cancel this Agreement at any time and for any
reason by providing the other party with thirty days written notice of termination,or the City may
terminate this Agreement immediately if PSYCHSCREENING, a sole proprietorship, or its
employees fail to provide written proof of a license to pmgctice in the State of Texas by the State
Board of Examiners of Psychologists or the Texas Medical Board or fails to provide written proof
of insurance as required by the terms of this Agreement. In the event this Agreement is terminated
prior to expiration of the Term,City shall pay Vendor only for Services actually rendered as of
the effective date of termination
4.2 Non-appMRriation 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 Oblig,Ltions 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
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termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in
writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it shall treat all information provided to it by City("City Information")as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
5.3 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 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 event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years after
final payment under this contract, or the final conclusion of any audit commenced during the said three
years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to,all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during
normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Vendor reasonable advance notice of intended audits.
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 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
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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 sub Vendor.
8. Professional Competence. Vendor, its staff,employees, psychologists,and psychiatrists
shall maintain all required licenses and certifications to perform the Services rendered under this
Agreement.Vendor also certifies that if it uses any employees,psychologists,psychiatrists,subcontractors,
or other agents in the performance of this Agreement that such person shall have and maintain all of the
current, valid,and appropriate federal, state,and local licenses and permits necessary for the provision of
services under this Agreement. All of the Services under this Agreement shall be performed in accordance
with the applicable professional standard of care. Acceptance of work, payments,or approvals issued by
the City or another entity shall not constitute or be deemed to be a release of the responsibility and liability
of the Vendor, its officers,psychologists,psychiatrists,agents,employees,contractors and subcontractors
for the accuracy of its services performed hereunder.
9. Duties of Vendor. Each employee of Vendor that conducts, performs, or provides pre-
employment psychological services shall be a licensed to practice in Texas by the State Board of Examiners
of Psychologists or the Texas Medical Board. Vendor shall (i) conduct reasonably diligent background
checks and periodic evaluations of all persons conducting, performing, or providing pre-employment
psychological services has an appropriate,valid state professional license,and document the results of such
checks and evaluations;(ii)conduct primary verification of License,Contractual expectation of compliance
with State/Federal Regulations on all persons conducting, providing, or performing pre-employment
psychological services; and (iii) require that each psychologist adheres to all applicable rules and
regulations of all regulatory agencies with jurisdiction over that psychologist.
10. Liability and Indemnification.
10.1 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
10.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROM AND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED 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.
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10.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend,settle or pay shall not apply if
City modifies or misuses the software and/or documentation.So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations,or lawsuit as necessary to protect City's interest,and City agrees to cooperate
with Vendor in doing so. In the event City,for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all 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.
IL Assignment and Subcontracting.
11.1 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.
11.2 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.
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12. Insurance. Vendor shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
12.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used b;y 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 accidont;each accidentloccurrence
$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.
12.2 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.
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(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City.Ten (10) days' notice shall be
acceptable in the event of non-payment of premium.Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(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.
13. 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.
14. 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-DISCRE IINATION 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.
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15. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Cindy Dickason, Owner
Attn: Assistant City Manager for IT PSYCHSCREENING
200 Texas Street 1650 W. Rosedale,Ste 307
Fort Worth,TX 76102-6314 Fort Worth,Texas 76104
Facsimile:(817)392-8654
With copy to Fort Worth City Attorney's Office at
same address
J.
16. Solicitation of Emalovees. 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 either party who responds
to a general solicitation of advertisement of employment by either party.
17. 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.
18. 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.
19. 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.
20. 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.
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21. 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.
22. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
23. 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 its Exhibits and Appendices.
24. Amendments/Moditieations/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.
25. Entirety of Agreement. This Agreement,including all Exhibits and Appendices,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.
26. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constitute
one and the same instrument.
27. 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 nonconforming
services.
28. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all 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.
29. 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
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1
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 ofthe Work Product shall be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof, is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended,Vendor hereby expressly assigns to City all exclusive right,title and interest in
and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim,lien for balance due,or rights of retention thereto on the part of City.
30. 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.
31. Change in Company Name or Ownershil! 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.
32. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is 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 tens 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)
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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 this contract,including
By; s J.Chapa(Nov 019) ensuring all performance and reporting
Name: Jesus J. Chapa requirements.
Title: Assistant City Manager
APPROVAL RECOMMENDED: COr/l1Gl cC i D`Yl�f
By. Corina S.Lomas(Nov 6,2019)
Name: Corina Lomas
C-olwc;',�Kra Title: Administrative Assistant
By: Edwin Kraus(Nov 7,2019)
Name: Edwin Kraus APPROVED AS TO FORM AND
Title: Chief of Police LEGALITY:
ATTEST:
/vial'N1ur�av
Matt Murray(Nov 11,2019)
By:
Name: Matthew A. Murray
By: Mary J. ayser(NovIf,2019) S Title: Assistant City Attorney
Name: Mary J. Kayser; '
Title: City Secretary;�;�; '`•.;��'� CONTRACT AUTHORIZATION:
3: M&C: (None Required)
¢' U
d ) Date Approved:
Form 1295 Certification No. N/A
PSYCHSCREENING
I I C
By:
Name: Cindy Dic on
Title: Owner
B
Vendor Services Agreement Page 11 of 22
EXHIBIT A
Scope of Work
1. SERVICES TO BE PROVIDED BY AND RESPONSIBILITIES OF VENDOR
A. Licensed psychologists employed by Vendor shall administer pre-employment psychological
examinations to applicants seeking to become telecommunicators in the City of Fort Worth
(hereinafter referred to as "Applicants")as may be required from time to time on a scheduled
basis.
B. All examination processes must be conducted pursuant to professionally recognized standards
and methods.
C. The examination process for each Applicant must consist of a review of the current job
description for telecommunicators employed by the City of Fort Worth; review of the
Applicant's personal history statements if any,background documents,or a summary of such
documents, which will be provided by Fort Worth Police Department("FWPD")staff to the
Vendor at or near the time of the psychologist's interview of the Applicant;scoring and review
of at least two instruments, one which measures personality traits and one which measures
psychopathology; and a face-to-face interview conducted after the instruments have been
scored.
D. The psychologist shall determine which two instruments to utilize in order to measure the
Applicants' personality traits and psychopathology, although all Applicants should be given
the same two tests. The tests will be administered by the Vendor and/or his or her staff.
E. Psychologists employed by Vendor will conduct the individual interviews of the Applicants at
the police training academy, other city-owned facilities, or the business office of
PsychScreening. FWPD will schedule the interviews after conferring with the Vendor
regarding availability. The face-to-face interview of each Applicant should entail a meaningful
discussion that, along with the review of the relevant test scores and personal history
statements and background information,would enable the psychologists employed by Vendor
to determine whether the Applicant is in satisfactory psychological and emotional health to
serve as a telecommunicator.
F. The psychologists employed by Vendor shall complete and submit to the City his or her
determination as to whether an Applicant can fulfill the essential job functions of a Fort Worth
telecommunicator on a form provided by FWPD and promulgated by TCOLE for that purpose.
The most current version of that form as of the effective dare of this Agreement can be found
at www.tcole.texas.gov.
G. The psychologists employed by Vendor shall also draft a report regarding each Applicant. The
written reports shall include an assessment of each Applicant, including a clear and definitive
determination as to whether the Applicant can perform the essential job functions of a Fort
Worth telecommunicator. Narrative reports shall be confined to job-related reasons that the
Applicant should or should not be hired,and should avoid clinical diagnostic labels or terms
that would not be understood by laymen. Any recommendation of disqualification shall be
based on an applicant's inability to perform the essential psychological functions of a
telecommunicator's duties. Such reports should be maintained by Vendor for no less than
three(3)years from the date of the relevant evaluation.
Vendor Services Agreement Page 12 of 22
City Secretary Contract No.
H. The psychologists employed by Vendor shall prepare and submit to the FWPD his or her final
determination on the appropriate TCOLE-promulgated form within 7 calendar days of the
face-to-face evaluation.
I. All questions regarding the testing procedures, scheduling or other issues or concerns related
to the Scope of Work of this Agreement should be directed to the Human Resources
Coordinator,or his or her designee. All completed TCOLE forms regarding applicants should
also be provided to the Human Resources Coordinator, or his or her designee. As of the
effective date of the Agreement,that Coordinator's name and contact information is as follows:
Yvette Jones
505 W. Felix St.
Fort Worth,TX 76115
(817)392-4256
J. The psychologists employed by Vendor may be required to provide testimony regarding the
validity of the psychological screening process and the tests conducted. The psychologists
employed by Vendor and Vendor shall maintain at his or her place of business complete and
accurate records of all examinations of Applicants and employees to support his or her
testimony.
K. The psychologists employed by Vendor,who perform services pursuant to this Exhibit A and
the Agreement,shall provide written proof that he or she is licensed to practice in the state of
Texas by the State Board of Examiners of Psychologists or the Texas Medical Board,and shall
notify City if his or her licensure is suspended or terminated while the Agreement is in effect.
L. Vendor shall provide written proof that he or she holds the insurance required by the terms of
the Agreement.
11. DUTIES AND RESPONSIBILITIES OF CITY
A. City,through the FWPD,shall coordinate with the Vendor to schedule the testing and face-
to-face interviews.
B. City, through the FWPD, shall provide relevant documents, including the Applicants'
personal history statements and background documents,or a summary of those documents,
to the Vendor for review.
C. City shall pay the Vendor for his or her services as outlined in the Agreement.
Vendor Services Agreement Page 13 of 22
City Secretary Contract No.
Appendix A
TEXAS ADMINISTRATIVE CODE
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 7 TEXAS COMMISSION ON LAW ENFORCEMENT
CHAPTER 217 LICENSING REQUIREMENTS
RULE§217.1 Minimum Standards for Initial Licensure
(a) The commission shall issue a license to an applicant who meets the following standards:
(12)[has been]examined by a psychologist,selected by the appointing,employing agency,
or the academy,who is licensed by the Texas State Board of Examiners of Psychologists.
This examination may also be conducted by a psychiatrist licensed by the Texas Medical
Board. The psychologist or psychiatrist must be familiar with the duties appropriate to the
type of license sought. The individual must be declared by that professional, on a form
prescribed by the commission, to be in satisfactory.psychological and emotional health to
serve as the type of officer for which the license is sought. The examination must be
conducted pursuant to professionally recognized standards and methods.The examination
process must consist of a review of a job description for the position sought;review of any
personal history statements; review of any background documents; at least two
instruments, one which measures personality traits and one which measures
psychopathology; and a face to face interview conducted after the instruments have been
scored. The appointee must be declared by that professional, on a form prescribed by the
commission,within 180 days before the date of the appointment by the agency;
Vendor Services Agreement Page 14 of 22
City Secretary Contract No.
APPENDIX B
PEOPLESOFT JOB CODE: 1482
KEY CODE W12 CITY OF FORT WORTH
PUBLIC SAFETY COMMUNICATOR I
Class specifications are intended to present a descriptive list of the range of duties performed by employees in lite class.
Specifications are not intended to reflect all duties performed within the job.
DEFINITION
To receive and respond to emergency and non-emergency calls from the general public; to route
calls to appropriate emergency services; and to perform a variety of technical tasks relative to
assigned area of responsibility.
DISTINGL►SHING CHARACTERISTICS
This is the entry level class in the Public Safety Communicator series. This class is distinguished
from the Public Safety Communicator II by the performance of the more routine tasks and duties
assigned to positions within the series including responding to emergency and non-emergency
calls and routing to appropriate services. Since this class is typically used as a training class,
employees may have only limited or no directly related work experience.
SUPERVISION RECEIVED AND EXERCISED
Receives immediate supervision from higher level communications staff.
Exercises no supervision.
ESSENTIAL AND MARGINAL FUNCTION STATEMENTS-Essential and other important
responsibilities and duties may include,but are not limited to, the following:
Essential Functions:
1. Receive and prioritize emergency and non-emergency calls and situations; locate area of
emergency situation on a map and route calls to the appropriate department.
2. Enter into computer all pertinent data relating to dispatch incidents, and other important
information;retrieve information from Computer Aided Dispatch(CAD)system and route
to dispatchers.
3. Monitor City alarm systems and monitor security of various municipal buildings;identify
needed emergency responses and route calls to dispatchers.
4. Respond to calls received from hearing impaired machines on various hotlines including
crime stoppers and drug enforcement hotlines.
Vendor Services Agreement Page 15 of 22
City Secretary Contract No.
Marginal Functions:
1. Train new employees as required.
2. Perform related duties and responsibilities as required.
QUALIFICATIONS
Knowledge of:
Modem office procedures,methods and computer equipment.
Principles and procedures of record keeping.
Pertinent federal,state and local laws and ordinances.
Abili to:
Learn methods and techniques of emergency dispatching.
Learn to process information and make sound decisions in emergency situations.
Learn the geography and surrounding area of the City.
Learn to interpret City maps and geographical locations.
Respond to emergency and non-emergency situations from the general public.
Type at a speed necessary for successful job performance.
Communicate clearly and concisely,both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of
work.
Maintain the abilities that permit:
- making observations
- communicating with others
- reading and writing
- operating assigned equipment.
- operating assigned equipment.
Maintain mental capacity which permits:
making sound decisions and using good judgment
- prioritizing work activities
demonstrating intellectual capabilities.
Maintain physical condition appropriate to the performance of assigned duties and
responsibilities which may include the following:
- walking, standing or sitting for extended periods of time
- lifting or carrying light to moderate objects
- operating assigned equipment.
Vendor Services Agreement Page 16 of 22
City Secretary Contract No.
Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities
is qualafjing. A typical wmj to obtain the knowledge and abilities would be:
Experience:
One year of emergency or public safety dispatch experience is desirable.
Trainin
HS diploma/GED
WORKING CONDITIONS
Environmental Conditions:
Office environment;emergency peace control environment;exposure to computer screens;work
under stressful conditions.
Physical Conditions:
Essential and marginal functions may require maintaining physical condition necessary for
sitting for prolonged periods of time.
Vendor Services Agreement Page 17 of 22
City Secretary Contract No.
PEOPLESOFT JOB CODE: 1483
KEY CODE:W13 CITY OF FORT WORTH
PUBLIC SAFETY COMMUNICATOR II
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class.
Specifications are not intended to reflect all duties performed within the job.
DEFINITION
To dispatch appropriate emergency services; to perform a variety of duties in support of the
Police Information Center;and to perform a variety of technical tasks relative to assigned area of
responsibility.
DISTINGUISHING CHARACTERISTICS
This is the full journey level class within the Public Safety Communicator series. Employees
within this class are distinguished from the Public Safety Communicator I by the performance of
the full range of duties as assigned including the performance of duties in support of the Police
Information Center. Employees at this level receive only occasional instruction or assistance as
new or unusual situations arise, and are fully aware of the operating procedures and policies of
the work unit.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from higher level communications Staff.
Exercises no supervision.
ESSENTIAL AND MARGINAL FUNCTION STATEMENTS- Essential and other important
responsibilities and duties may include, but are not limited to, the follozoing:
Essential Functions:
1. Dispatch calls to patrol units and receive and communicate information pertaining to the
incident.
2. Retrieve from the computer all pertinent data relating to dispatch incidents, special
requests from officers,and other important information.
3. Update and monitor unit status;transmit officer request for emergency services.
4. Verify and input data as requested by officers in the field.
5. Notify wrecker services,fire department,medical investigator or other entities as requested.
Vendor Services Agreement Page 18 of 22
City Secretary Contract No.
Police Information Center Essential Functions:
1. Enter into computer all pertinent data relating to dispatch incidents.
2. Perform criminal history checks;copy in custody reports;file completed case and incident
reports.
3. Conduct file inquiries of NCIC,TCIC or regional data bases;access information regarding
driving records, vehicle registrations, stolen property listings, warrants and/or missing
persons.
4. Operate a teletype machine to receive and transmit information and requests regarding
wanted persons,stolen items or vehicles,missing persons,arrests and other crime informa-
tion.
5. Record all telecommunications and radio transmission operations; maintain recordings
according to established guidelines; retrieve recordings as requested for investigative
purposes.
6. Maintain statistical and graphic reports showing productivity of dispatching services and
geographical areas of citizen demand for police services.
Marginal Functions:
1. Train new employees as required.
2. Perform various clerical duties as required including receiving and sorting mail.
3. Perform related duties of Public Safety Communicator I as required.
4. Perform related duties and responsibilities as required.
QUALIFICATIONS
Knowledge of:
Methods and techniques of emergency call response and dispatching.
Operational characteristics of various emergency recording and dispatching equipment.
Basic operations of a Police Information Center.
Methods and techniques of police records research and file retrieval.
Principles and procedures of data entry.
Modern office procedures,methods and computer equipment.
Principles and procedures of record keeping.
Geography and surrounding area of the City.
Pertinent federal,state and Iocal laws and ordinances.
Vendor Services Agreement Page 19 of 22
City Secretary Contract No.
Ability to:
Respond to emergency and non-emergency situations from the general public.
Process information and make sound decisions in emergency situations.
Interpret City maps and geographical locations.
Dispatch staff to emergency scenes as appropriate.
Perform various duties in support of the Police Information Cenber.
Access various criminal and crime history information.
Operate various emergency recording and dispatching equipment under stress in an efficient
manner.
Maintain and update a variety of detailed records and reports.
Type at a speed necessary for successful job performance.
Communicate clearly and concisely,both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of
work.
Maintain the abilities that permit
- making observations
- communicating with others
- reading and writing
- operating assigned equipment.
Maintain mental capacity which permits:
- making sound decisions and using good judgment
- prioritizing work activities
- demonstrating intellectual capabilities.
Maintain physical condition appropriate to the performance of assigned duties and
responsibilities which may include the following:
- walking, standing or sitting for extended periods of time
- lifting or carrying light to moderate objects
- operating assigned equipment.
Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities
is qualifi�ing. A typical way to obtain the knowledge and abilities would be:
Experience:
Two years of emergency or public safety dispatch experience preferred.One year of public
safety call taking/dispatch experience required.
Training:
HS diploma/GED
Vendor Services Agreement Page 20 of 22
City Secretary Contract No.
WORKING CONDITIONS
Environmental Conditions:
Office environment;emergency peace control environment;exposure to computer screens;work
under stressful conditions.
Physical Conditions:
Essential and marginal functions may require maintaining physical condition necessary for
sitting for prolonged periods of time.
Vendor Services Agreement Page 21 of 22
EXIEIIBIT B
VERIFICATION OF SIGNATURE AUTHORITY
Cindy Dickason, Owner
PSYCHSCREENING
1650 W. Rosedale,Ste 307
Fort Worth,Texas 76104
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. j�
1. Name: 01,NO _v ' �'L A 5°n
Signature
2. Name: S1�tZ
Posi 'on: A.�'1 -�L�S�
:J
Signa re
3. Name:
Position:
Signature
Name:
Signature coresident/CEO
Other Titleq
Date: � 1
Vendor Services Agreement Page 22 of 22