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HomeMy WebLinkAboutContract 43916CITY SECRETARY/ CONTRACT NO. i3ciattis,. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas ("City"), acting by and through Charles W. Daniels, its duly authorized Assistant City Manager, and John Lehman, Ph.D. and Associates, P.C., a Professional Corporation ("Consultant"), acting by and through John Lehman Ph.D., its duly authorized representative. RECITALS WHEREAS, Consultant provides professional pre -employment psychological services; WHEREAS, City is in need of professional pre -employment psychological services to assist City by providing psychological evaluations to applicants desiring to become a police officer or a reserve police officer as required by Texas Commission on Law Enforcement Officer Standards and Education; and WHEREAS, City and Consultant desire to enter into a contract to have such services provided which benefit City. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. Services. Consultant covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all objectives described in Exhibit "A," attached and incorporated herein as if copied in full ("Services"). The City also agrees to perform the duties and responsibilities described in Exhibit "A." 2. Term. a. Services shall be provided by Consultant for an initial term beginning November 1, 2012 and ending when City determines the Services are complete, or November 30, 2013, whichever occurs first. b. In addition to the initial term of this Agreement, there shall be four options to renew for terms of one year each, unless earlier terminated or herein provided. Renewal shall occur upon City including in its budget for the option years sufficient funds for its obligations hereunder and Consultant providing proof of continued certifications and insurance. 3. Fee. City agrees to pay Consultant $150.00 per applicant screened. The total cost for the initial term of this Agreement shall not. exceed $20,000.00. The City is only responsible for P paying for services actually received, and does not guarantee a certain amount of business through this Agreement. The Fee shall be compensation for all Services actuallyreceived. p 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 until completion by Consultant of all OFFICIAL RECO 1 1--?u-1 2 P01 .40 Agreement for Psychological Services — a,._' ETARY e WORTH, TA 1 • documentation necessary for the City to process payments. Payment from City to Consultant shall be made on an invoice basis following receipt by City fiom Consultant of a signed invoice. The invoice shall be submitted to City, addressed to Aya Ealy, 350 West Belknap, Fort Worth, Texas, 76102, no later than the 15th day following the end of the month. 4. Termination 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. In the event this Agreement is terminated prior to expiration of the Tenn, City shall pay Consultant only for Service actually rendered as of the effective date of termination 5. Independent Contractor. Consultant shall operate hereunder as an independent contractor and not as an officer agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder, and all persons pei forming same and shall be solely responsible for the acts and omissions of its officers, agents, servants employees, subcontractors and program participants. The doctrine of respondeat superior shall not apply as between the City and Consultant, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Consultant. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of Consultant is in the paid service of City. 6. Indemnification CONSULTANT COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND CONSULTANT HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN. CONSULTANT LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONSULTANT, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, Consultant shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. Agreement for Psychological Services — CFW & Dr. Lehman 2 This Section 6 shall survive the expiration or termination of this Agreement 7 Insurance. During the term of this Agreement, Consultant shall procure and maintain at all times, in full force and effect, a policy or policies of insurance that provide the specific coverage set forth in this Section 7 as well as any and all other public risks related to Consultant's performance of its obligations under this Agreement. Consultant shall specifically obtain the following types of insurance at the following limits: ® Errors & Omissions (also called Professional Liability) Errors & Omissions coverage is an integral part of the Professional Liability policy. The coverage protects the insured against liability (financial loss) should an error or an omission occur in the performance of his professional duties The minimum requirement for this line of coverage should be sufficient enough to cover the completed operations of the construction project. Policies are to be written on an occurrence basis or if coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement The certificate of insurance shall state that the coverage is claims -made and include the retroactive date The insurance shall be maintained for the duration of the contractual agreement and contain an extended reporting period foi five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. Professional Liability limits should be consistent with other requirements Although for some contracts, the required limits of coverage may be higher. However, the recommended minimum should be no less than: ® $1,000,000 pet claim and aggregate The certificate of insurance shall document the City of Fort Worth, its' Officers, Employees and Volunteers as an ` Additional Insured" on all liability policies. ® "Unless otherwise stated all required insurance shall be written on the "occurrence basis'. It is understood that the professional liability insurance carried by this contractor is on a claims made basis and will be in effect throughout the contracting period and will be continued for at least five years following the contract period. If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained foi the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. Agreement for Psychological Services — CFW & Dr. Lehman 3 o Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage s unless such endorsements are approved in writing by the City. Consultant shall promptly provide the City with certificates of insurance that verify Consultant s compliance with the insurance requirements of this Agreement. The City's Risk Manager shall have the right to review and evaluate Consultant's insurance coverage and to make reasonable requests om revisions pertaining to the types and limits of that coverage. Consultant shall comply which such requests or revisions as a condition precedent to the effectiveness of this Agreement 8. Assignment Consultant shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement without the prior written consent of City, and any attempted assignment of subcontract of same without such prior written approval shall be void and constitute a breach of this agreement 9. Compliance with Law. Consultant, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Consultant any such violation on the part of Consultant of any of its officers, agents, employees or subcontractors, then Consultant shall immediately desist from and correct such violation. 10. Non -Discrimination. Consultant, in the execution, performance or attempted performance of this contract and Agreement, will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color oz national origin, nor will Consultant permit its officers, agents, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Consultant hereby covenants and agrees that Consultant, its agents, employees and subcontractors have fully complied with all provisions of same and that no employee or employee -applicant has been discriminated against by either Consultant, its agents, employees or subcontractors. 11. Right to Audit. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine Agreement for Psychological Services — CFW & Dr. Lehman 4 any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and furthei that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph City shall give subcontractor reasonable advance notice of intended audits. This Section 11 shall survive the expiration or termination of this Agreement 12. Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify Consultant 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 shall have been appropriated. 13. Entire Agreement This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall be void 14. Not an Exclusive Agreement. This Agreement in no way is intended to be an exclusive agreement for rendering such services described in Exhibit A. City reserves the right to use alternate companies, and such use of alternate companies shall not be considered a breach of this Agreement. 15. Venue and Jurisdiction Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this Agreement, venue for said action shall he in Tarrant County, Texas. 16. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other patty by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: 1. CITY: Charles W. Daniels, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies To: Aya Ealy, Contract Compliance Fort Worth Police Department 350 W. Belknap Fort Worth, TX 76102 Police Legal Advisor Law Department 1000 Throckmorton Street Agreement for Psychological Services — CFW & Dr. Lehman 5 Fort Worth, TX 76102 2. CONSULTANT: John Lehman, Ph.D. Clinical Psychologist 1401 North Central Expressway Richardson, Texas 75080 17. Non -Waiver. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or Consultant's right to assert or rely upon any such teini or right on any future occasion. 18. Disclosure of Conflicts. Consultant hereby wan ants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services and proposed services with respect to the Project In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing The City acknowledges that Consultant may use products, materials or methodologies proprietary to Consultant. The City agrees that Consultant s provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials or methodologies unless the parties have executed a separate written agreement with respect thereto. Notwithstanding the foregoing, Consultant understands and agrees that the City is subject to various public information laws and regulations, including, but not limited to, the Texas Open Records Act. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. 19. 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. 20. Force Maieure. The City and Consultant 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 omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authonty, transportation problems and/or any other similar causes. 21. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement Agreement for Psychological Services — CFW & Dr. Lehman 6 IN WIT1\ FS S WI I F REOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective as of '1) J0 // , 2012. CITY OF FORE WORT B AP B LIR Charles W. Daniels Assistant City Manager VAL C =1; MMRNDf Plase Jeffrey W. Halstead Chief of Police AT!`UST: (C-9tf 00 00 /i of 11 Plic 00 4ar1I4'ayser, city Seci 0 0 0 APPROVED AS TO FORM AN e tir Jessica Sa gsvang• Assistant City Attorney Date: ‘ k t CONSULTANT By: /iJohn Lehman, PhD D. Clinical Psychologist t_. ®c l ontract Ant -hock --lion: a U aoo�°° v� M&C: eCy ! EGA 1i /ITTTY: Date Approved: • Agreement for Psychological Services — CFW & Dr. Lehman u--1 T) l7 1 0 C. EXHIBIT "A" City desires to engage the services of an outside Psychologist, as an independent Psychologist (Consultant) and not as an employee, to give pre -employment psychological evaluations to applicants desiring to become a police officer or a reserve police officer as required by Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) Consultant affirms that he is licensed to practice in the State of Texas and desires to render professional services for City on the terms and conditions provided in this agreement; has knowledge of a police officer's job; has specialized knowledge in the use of psycho diagnostic and personality tests for employment selection decisions; has a working knowledge of laws surrounding the screening process; and has a comprehensive understanding of tests relevant to employment selection. THEREFORE, by this Agreement and based upon Consultant's affirmations, City retains the services of Consultant, and in consideration of the mutual promises contained in this contract, the parties agree as follows: I. SERVICES AND RESPONSIBILITIES OF CONSULTANT A. Contractor shall administer pre -employment psychological examinations to applicants foi police officer and reserve police officer, and hereinafter referred to as "applicants' , as may be required from time to time on a scheduled basis. The psychological examination will consist of a battery of assessment instruments provided by the psychologist, but administered by the police department This battery will meet the standards established by Texas Commission on Law Enforcement Officer Standards and Education TCLEOSE The examination will also include an individual clinical interview of each applicant. B. If an applicant or employee passes the psychological examination, Consultant shall prepare complete and submit to the City a written report of the evaluation and an L-3 Declaration of Psychological and Emotional Health if the applicant passes the evaluation. C. If an applicant or employee fails to pass the psychological examination, Consultant shall advise City in writing, and shall advise City of those areas that the applicant or employee failed to pass. D. Consultant shall be solely responsible for determining what psychological tests should be given an applicant or employee. At a minimum, two psychological tests shall be given. One test shall be normed in such a manner to identify patterns of abnormal behavior; the other shall be oriented toward assessing relevant dimensions of noinial behavior. Agreement for Psychological Services — CFW & Dr. Lehman 8 E. Consultant shall interview all applicants and employees and perforrn a clinical interview as part of the evaluation process. F. Consultant shall maintain at his place of business complete and accurate records of all examinations of applicants and employees to support his testimony as required under "I' below. G. The Fort Worth Police Department will administer the psychological testing required for the evaluation of the applicants and send the completed test materials to the consultant for scoring The consultant will provide the testing materials to the Fort Worth Police Department. Fort Woith Police Department agrees to store all materials securely to prevent any violation of the integrity of the instruments H. Following the completion of the testing and scoring, the Consultant will come to Fort Worth Police Department and conduct individual interviews of the applicants. Fort Worth Police Department will schedule the interviews and provide space for the interviews. I. Consultant shall provide expert testimony regarding the validity of the psychological screening process and the tests conducted. Testimony in cases involving an applicant's or employee's attempt to overturn a disqualification is included in the compensation. Compensation shall be negotiated between the parties for other expert testimony J. All services required hereunder shall be performed at Fort Worth Police Department or at the Consultant s office at 1401 N. Central Expressway, Suite 385, Richardson Texas. K. Consultant shall prepare and submit to the City a written psychological report within six calendar days of the psychological examination which shall include at a minimum the following 1. Consultant shall provide City a written assessment of each applicant or employee, which shall include a clear and definitive recommendation to hire or not to hire the applicant. 2. Narrative reports shall be confined to job related factors and should avoid clinical diagnostic labels and/or psychological jargon. 3. A recommendation of disqualification shall be based on an applicant's inability to perform the essential psychological functions of a police officer's duties. L Consultant shall notify only the City's Police Department of the assessment results. The department will provide the Consultant with a list of acceptable people to receive such notifications. Agreement for Psychological Services — CFW & Dr. Lehman 9 II. DUTIES AND RESPONSIBILITIES OF CITY A. City shall provide Consultant a job analysis that documents the essential functions and duties of a police officer and a reserve police officer. B. City shall provide Consultant a copy of an applicant's life history contained in the Police Department's background investigation. C. City agrees to pay invoices within 30 days of receipt. Agreement for Psychological Services — CFW & Dr. Lehman 10