Loading...
HomeMy WebLinkAboutContract 45293 (2)CITY SECRETARY - - CONTRACT No. 14S7 ai . PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HERRERA AND WARE RESEARCH SOLUTIONS, LLC This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on this 'lit of NA r' , 2014 ("Effective Date") by and between the City of Fort Worth ("City"), a home - rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Herrera and Ware Research Solutions, LLC ("Consultant"), a Texas limited liability company, acting by and through Anne Ware, its duly authorized Member. WHEREAS, the City applied for and received grant funds from The Wallace Foundation to improve learning and enrichment opportunities for children through, among other things, building systems to provide children with after -school, summer, and other out -of -school time programs for all of Fort Worth's youth; WHEREAS, during the term of The Wallace Foundation grant, the City, through its Parks and Community Services Department ("Sponsor"), will use the grant funds to initiate a citywide system to support and strengthen the afterschool and summer programming in the local community and throughout the City of Fort Worth, said program otherwise known as Strengthening Programs through Advocacy, Resources, and Collaboration ("SPARC"); WHEREAS, the Sponsor requires certain professional development services for the overall purpose of improving and strengthening the SPARC program; WHEREAS, the purpose of the Consultant is to provide comprehensive, high -quality research and evaluation services for Pre-K through post -secondary education programs, non-profit organizations, and public agencies; WHEREAS, the Consultant's services provide program and evaluation planning, short and long term research or evaluation studies, data collection and analysis, and report writing with a collaborative approach to help practitioners, program staff, academics, and business and community leaders translate and use research results in their day-to-day efforts to impact the people they serve; WHEREAS, to carry out the purposes of The Wallace Foundation grant and SPARC, the Sponsor and Consultant mutually desire to enter into this Agreement to have Consultant provide research, evaluation, data collection, and data analysis services for the Sponsor's SPARC program for the implementation of a city-wide data sharing system; WHEREAS, the Wallace Foundation grant establishes as one of its key goals the establishment of a sustainable citywide OST program coordinating entity; WHEREAS, the City has proposed that a nonprofit organization ("SPARC Nonprofit") be created as the coordinating entity for the purpose of improving, strengthening, and sustaining the SPARC initiative; WHEREAS, once the SPARC Nonprofit is created, then it will serve as the coordinating entity for the SPARC initiative, and the parties will amend this Agreement to include the SPARC Nonprofit as a party; and 2J m cl follows: m c r-n Ina NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as OFFICIAL aECOIRFNj ij ©Mt' SECRETAY ,i'lEt'C6`t TT Professional Services Agreement with Herrera and Ware Research Solutions, LLC 1. SCOPE OF SERVICES. 1.1 Consultant hereby agrees to provide the City with professional consulting services for the purpose of consultation and technical expertise to the SPARC planning team to support its implementation of a city-wide data sharing and management information system ("System") for Out of School Time ("OST") programs in the Fort Worth Area. Attached hereto and incorporated herein for all purposes incident to this Agreement is Exhibit A, which more specifically describes the services to be provided hereunder ("Services"). Consultant agrees to perform all Services in accordance with the highest professional industry standards. 1.2 The Services for this Agreement shall be split into six steps, all of which are generally described below and set forth in more detail in Exhibit A 1.2.1 Step I - Conduct a Needs Assessment at OST sites and school districts within the City of Fort Worth ( `School Districts"): The purpose is to gather information about OST programs, practices uses of data, resources, constraints and expectations that can be used to make recommendations for the development of the System. 1.2.2 Step II - Address Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) (`FERPA") Issues: The purpose is to ensure a legal data sharing process that meets all FERPA regulations and alleviates OST providers and School Districts concerns about privacy and confidentiality. 1 2 3 Step III - Conduct Stakeholder Meeting: The purpose is to obtain feedback from key stakeholders that can be used to guide the development, installation, and maintenance of System. 1.2.4 Step IV - Develop Logic Model: The purpose is to provide a written description of a data sharing process that can be used as a guide for the development of a request for proposal, selection of a vendor, and implementation of the System. 1.2.5 Step V - Select Vendor: The purpose is to select a vendor or software developer most qualified to provide a System that meets the expectations described in the logic model. The Consultant's role in this step is to participate as a member of a team that will recommend a vendor. 1.2.6 Step VI - Develop and Pilot the System: The purpose is for the vendor to install a user- friendly data sharing system thoroughly tested by OST staff using OST sites and School Districts data. The Consultant's role in this step is to support the pilot phase of the implementation of the system. 2. CREATION OF THE SPARC NONPROFIT ENTITY 2.1 Once the SPARC Nonprofit exists as a legal entity registered to do business in the State of Texas, then the parties shall have thirty (30) days to amend this Agreement to add the SPARC Nonprofit as a party to this Agreement. For purposes of this Agreement, the SPARC Nonprofit will legally exist on the date stamped on the certificate of formation by the Texas Secretary of State (or another future effective date, if one is specified on the certificate of formation). If this Agreement is not amended to add the SPARC Nonprofit as a party within the deadline prescribed above, then this Agreement shall automatically terminate upon the expiration of said deadline. If the Agreement terminates pursuant to this Section 2, then the City shall pay Consultant for Services actually performed in accordance herewith prior to such termination, less such payments as have been previously made, in accordance with a final statement submitted by Consultant documenting the performance of such Services. The parties may extend this deadline by mutual written agreement. 2.2 Notwithstanding anything to the contrary Consultant shall not consult with legal counsel, as required in Action Step 2 until such time as the SPARC Nonprofit legally exists and is added as a party to this Agreement. Any deadlines associated with seeking legal counsel or affected by such may be amended by the parties, in writing, to ensure that Consultant has sufficient time to complete all phases of this Agreement. Professional Services Agreement with Herrera and Ware Research Solutions, LLC 2 of 13 3. TERM AND TERMINATION. 3.1 Term. Unless terminated earlier pursuant to the terms of this Agreement, this Agreement shall commence upon the Effective Date and terminate on December 31 2014 or upon completion of the Services specified whichever is earlier. Articles 5, 7, 8, and 9 herein shall survive the term of this Agreement. 3.2 Termination for Convenience. 3.2.1 The City may terminate this Agreement for its convenience upon ten (10) days written notice to Consultant. Upon receipt of such notice, Consultant shall immediately discontinue all Services and work and the placing of all orders or the entering into of contracts for all supplies, assistance, facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. If the City terminates this Agreement under this section, the City shall pay Consultant for Services actually performed in accordance herewith prior to such termination, less such payments as have been previously made, in accordance with a final statement submitted by Consultant documenting the performance of such work. 3.2.2 Consultant may, for any reason, terminate this Agreement upon thirty (30) days written notice to the City. Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Agreement on or before the effective date of termination. If the Consultant terminates this Agreement under this section, the City shall pay Consultant for Services actually performed in accordance herewith prior to such termination, less such payments as have been previously made in accordance with a final statement submitted by Consultant documenting the performance of such Services 3.3 Termination for Cause. The City may terminate this Agreement for cause in the event Consultant fails to perform in accordance with the terms and conditions contained herein. In such event, the City shall give Consultant written notice of Consultant's failure to perform, giving Consultant fourteen (14) calendar days to come into compliance with the Agreement s requirements. If Consultant fails to come into compliance with this Agreement, City shall notify Consultant, in writing and this Agreement shall be terminated as of the date of such notification. Termination of this Agreement under this provision shall not relieve the Consultant of any damages resulting from a breach or a violation of the terms of this Agreement. 3.4 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall to lninate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 3.5 Upon termination of this Agreement for any reason Consultant shall provide the City with originals and copies of all completed or partially completed work prepared under this Agreement within thirty (30) calendar days after the effective date of termination, unless otherwise stated in this Agreement. 4. COMPENSATION. 4.1. The City shall pay Consultant an amount not to exceed Forty -Nine Thousand Nine Hundred Ninety -Five Dollars and No Cents ($49,995.00) in accordance with the terms of this Agreement and the fee schedule set forth in Exhibit A, and upon completion of Services rendered shall constitute full compensation for all Services rendered and materials furnished by Consultant under this Agreement. Professional Services Agreement with Herrera and Ware Research Solutions, LLC 3 of 13 4.2 The City shall make each installment payment within thirty (30) calendar days after the City receives an invoice for the respective Service, deliverable, or Work Product (as hereinafter defined) unless there is a dispute as to the invoice or service performed. In the event of a disputed of contested billing, the City shall notify the Consultant of any error in an invoice not later than the 21st calendar day after the City receives the invoice Only that portion so contested may be withheld from payment and the undisputed portion will be paid. If any dispute is resolved in favor of the City, then the Consultant shall submit a corrected invoice to the City, which shall be paid within (30) calendar days after the City receives said invoice. 4.3 Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional services and costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first duly approves such expenses in writing. City and Consultant may amend this Agreement to allow for additional payment if additional services are required. 4.4 Consultant and the City understand that completion of many of the deliverables is dependent on collaborative work by both parties and on meetings with multiple stakeholders from various organizations. As such, it may be necessary to modify the timeline and/or due dates for deliverables as the project progresses. In such cases and where appropriate, the parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. 5. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS. 5.1 City shall own all right, title and interest in the work produced by Consultant under this Agreement (collectively, ` Work Product') at all times throughout the world. 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 the City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976 as amended, and City will be considered the author of the Work Product, with all rights appurtenant thereto. 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, Consultant hereby expressly assigns, sells, and transfers, and to the extent any such assignment, sale, or transfer cannot be made at the present time to City, agrees to assign sale, and transfer, 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 the 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 the City. Consultant shall have no copyright or other intellectual property interest in the Work Product. 5 2 The City shall have access to and be entitled to review and copy any portion of the Work Product at any time. 6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 6.1 Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. 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 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 a third party without the prioi written approval of the City. Consultant 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. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. Professional Services Agreement with Herrera and Ware Research Solutions, LLC 4 of 13 7. RIGHT TO AUDIT. 7.1 Consultant agrees that the City shall, until the expiration of three years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books documents, papers and records of the Consultant involving transactions relating to this Agreement at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits 7.2 Consultant further agrees to include in all its subcontractor agrcements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three years after final payment of the subcontract, have access to and the light to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 8. INDEPENDENT CONTRACTOR. 8.1 It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City Subject to and in accordance with the conditions and provisions of this Agreement Consultant 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, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 9. LIABILITY AND INDEMNIFICATION. 9.1 LIABILITY. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, 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 CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9.2 INDEMNIFICATION. CONSULTANT COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, THE CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LEVHTED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMISSIONS OF CONSULTANT AND/OR CONSULTANT'S CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS CONTRACT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO Professional Services Agreement with Herrera and Ware Research Solutions, LLC 5 of 13 ANY LIABILITY RESULTING FROM THE SOLE GROSS NEGLIGENCE OF THE CITY. 9.3 IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, CONSULTANT, ON NOTICE FROM THE CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT CONSULTANT'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. 9.4 Consultant shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of the City in substantially the same form as above. 10. ASSIGNMENT AND SUBCONTRACTING. 10.1 Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 11. INSURANCE. 11.1 Consultant shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement. Consultant has an ongoing duty to provide the City with an annual certificate of insurance to evidence coverage. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Agreement. Consultant shall maintain the following coverage and limits thereof: 11.1.1 Professional Liability — Errors & Omissions i. $1,000,000 Each Occurrence ii. $1,000,000 Annual Aggregate Limit iii. This coverage shall protect the insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising out of their management duties. 11.2 Additional Requirements 11 2.1 Insurers of Consultant's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rated of A-: VII or other equivalent insurance industry standard rating otherwise approved by the City. 11.2.2 Coverage shall be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. The certificate of insurance shall state the coverage is claims -made and include the retroactive date. Professional Services Agreement with Herrera and Ware Research Solutions, LLC 6 of 13 12. COMPLIANCE WITH LAWS. ORDINANCES, RULES AND REGULATIONS. 12.1 Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 13. NON-DISCRIMINATION COVENANT. 13.1 Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual of group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non- discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM SUCH CLAIM. 14. NOTICES. 14.1 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: City of Fort Worth Parks and Community Services Department Attn Director 4200 South Freeway, Suite 2200 Fort Worth TX 76115 15. GOVERNMENTAL POWERS. To CONSULTANT: Herrera and Ware Research Solutions LLC Attn' Anne Ware, Member 23901 Redbird Trail Marble Falls, TX 78654 15.1 It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 16. NO WAIVER AND SEVERABILITY. 16.1 The failure of the City or Consultant 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 the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16.2 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. 17. GOVERNING LAW / VENUE. 17.1 This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted at law of in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northein District of Texas Fort Worth Division. Professional Services Agreement with Herrera and Ware Research Solutions, LLC 7 of 13 Date: 18. FORCE MAJEURE. 18.1 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 (force majeure), 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. 19. HEADINGS NOT CONTROLLING. 19.1 Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement 20. REVIEW OF COUNSEL AND SIGNATURE AUTHORITY. 20.1 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 hereto. 20.2 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. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 21. AMENDMENTS / MODIFICATIONS / EXTENSIONS. 21.1 No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 22. ENTIRETY OF AGREEMENT. 22.1 This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Tarrant County, Fort Worth, Texas to be effective as of the Effective Date. CITY OF FORT WORTH: HERRERA AND WARE RESEARCH SOLUTIONS, LLC /e i41O�Q By: t, / .._CZ` By, an Alanis Anne Ware Assistant City Manager Member / if/Of Date: Professional Services Agreement with Herrera and Ware Research Solutions, LLC 8 of 13 APPROVED AS TO FORM AND LEGALITY: APPR • Ty el*, allach ATTES By: 1stant City Attorney City rY No M&C required F�FF1C1ALRECORD CITY SECRETARY J'IK WORT , TX I. Professional Services Agreement with Herrera and Ware Research Solutions, LLC 9of13 EXHIBIT A ACTION STEPS, SUBSTEPS, SCOPE OF WORK, DELIVERABLES, DEADLINES & INSTALLMENT PAYMENTS Table 1. Actions Steps forCFW/SPARC Implementation of a City -Wide Data Sharing System for OST Programs in the Fort Worth Area SPARC ACTION STEP 1: CONDUCT A NEEDS ASSESSMENT AT OST AND SCHOOL DISTRICT SITES —The purpose is to gather information about OST programs, practices, uses of data, resources, constraints and expectations that can be used to make recommendations for the development of the data sharing system. SPARC Sub -steps 1.1 Develop interview protocols. 1.2 Conduct a kick-off meeting with OST planning team. Consonant Scope of Work Interview SPARC staff, review SPARC documents and draft two interview protocols for interviews with OST and school district staff. Attend meeting with SPARC staff to plan the kick-off meeting, participate in the kick-off as co -facilitator with SPARC staff. Deliverables Deadline Installment Payment Preliminary draft of OST and 1/31/2014 $6058.00 school district interview topics and questions Meeting agendas, power point 1/31/2014 $1345.00 slides and handouts for kick- off meeting. 1,3 Schedule and conduct Train Consultant staff on interview protocol. Conduct one -hour Final draft of interview 3/31/2014 $4850.00 interviews. interview with 12 OST providers and 9 School District data staff. protocols, list of dates, times and persons interviewed at each site 1.4 Assess readiness of OST sites. 1.5 Prepare summary report. Analyze data gathered from OST and School District site Interim report submitted to 4/30/2014 $8807.00 interviews. Prepare an interim report summarizing the results of the City the site interviews, including an assessment of sites' readiness to use a data system, their current use of data, their expectations for a System, and recommendations for how the System can be used to meet the needs of the OST and School District sites. Professional Services Agreement with Herrera and Ware Research Solutions, LLC 10 of 13 EXHIBIT A ACTION STEPS, SUBSTEPS, SCOPE OF WORK, DELIVERABLES, DEADLINES & INSTALLMENT PAYMENTS (CONTINUED) SPARC ACTION STEP 2: ADDRESS FERPA ISSUES —The purpose is -to ensure a legal data sharing process that meets all FERPA regulations and alleviates provider and district concerns about privacy and confidentiality. - 2.1 Review regulations and Review FERPA regulations and School District data policies Summary of key issues, potential 2/28/2014 $2475.00 OST procedures. and procedures. Conduct 2-3 phone interviews with OST barriers, and recommended sites and other cities that are currently using data sharing procedures for a FERPA compliant systems. data sharing process. 2.2 Consult with legal counsel 2,3 Draft compliance procedures. Participate in a 1-1/2 hour meeting with SPARC staff and appropriate legal counsel to ensure compliance with all applicable federal, state, and local laws, rules, and regulations and obtain legal feedback and recommendations. Send FERPA summary to legal counsel prior to the meeting. Prepare a draft of compliance procedures, including a template for OST sites and School Districts to use for MOU's and data sharing agreements. Summary of meeting. 3/31/2014 $1125.00 Drafts of FERPA procedures, MOU 4/30/2014 $3355.00 and data sharing templates submitted to CFW. 2.4 Prepare MOU/data sharing templates. SPARC ACTION STEP 3: CONDUCT STAKEHOLDER MEETING —The purpose is to obtain feedback from key stakeholders that can be used to guide the development, installation and maintenance of the system. - - - 3.1 Review needs Participate in SPARC planning meeting to review results of Meeting agendas, power point 5/31/2014 $2634.00 assessment and FERPA needs assessment and FERPA review and plan stakeholder slides and handouts for procedures with meeting. Prepare consultant materials far stakeholder stakeholder meeting. SPARC. meeting, present power point summary of needs assessment and FERPA review at stakeholder meeting. 3.2 Prepare and schedule meeting. 3.3 Conduct the meeting. Professional Services Agreement with Herrera and Ware Research Solutions, LLC 11 of 13 EXHIBIT A ACTION STEPS, SUBSTEPS, SCOPE OF WORK, DELIVERABLES, DEADLINES & INSTALLMENT PAYMENTS (CONTINUED) SPARC ACTION STEP 4: DEVELOP LOGIC MODEL —The purpose is to provide a written description of a data sharing process that can be used as a guide for the development of an RFP, selection of a vendor and implementation of the system. 4.1 4.2 Finalize data system expectations and recommendations. Develop logic model. Prepare a narrative and/or logic model proposal describing how the data sharing process should work. Prepare a list of data that OST sites and School Districts will be expected to provide. Include a recommended timeline for gathering, uploading and reporting data to the System. Narrative and/or logic model of data sharing process submitted to CFW. 6/30/2014 $7000.00 SPARC ACTION STEP 5: SELECT VENDOR -The purpose is to select a vendor or software developer most qualified to provide a data sharing system that meets Me expectations described in the logic model. 5.1 Recruit a selection team, schedule meetings. 5.2 Investigate software products, determine if system should be purchased or built. 5,3 Write RFP/RFQfor data system vendor and for an institution to house the system. 5.4 Evaluate applications, select vendor and institution for housing the data. Meet with SPARC to discuss potential team members, provide recommendations and contact information, contact potential members. members. Participate in three vendor selection team meetings as a member of the team. Present summary of logic model to vendor selection team. Collaborate with SPARC staff to write the scope of work and evaluation criteria sections of the Request for Proposals ("RFP"). Review applications and evaluate each according to the evaluation criteria. Participate In team meetings to make vendor recommendation to CFW. list of potential team 7/31/2014 $500.00 Meeting agendas, power point 8/31/2014 $1350,00 slides of logic model presentation. Scope of work and evaluation 9/30/2014 $2098.00 criteria submitted for inclusion in the RFP. Copies of the consultant ratings and rationale for each application. 10/31/2014 $1350.00 Professional Services Agreement with Herrera and Ware Research Solutions, LLC 12of13 EXHIBIT A ACTION STEPS, SUBSTEPS, SCOPE OF WORK, DELIVERABLES, DEADLINES & INSTALLMENT PAYMENTS (CONTINUED) SPARC ACTION STEP 6: DEVELOP AND PILOT SYSTEM —The purpose is for the vendor to install a user-friendly data sharing system thoroughly tested by OST staff using site and School District data. - 6.1 Recruit pilot School N/A —SPARC will conduct this task. Districts and OST sites. 6.2 Conduct kick-off meeting with pilot group. 6.3 Prepare MOUs and data requests and submit to School Districts. 6.4 Identify process for transferring School District data to vendor. N/A N/A N/A Participate in a meeting with SPARC to plan pilot kick-off Meeting agendas, power point 8/31/2014 $3898.00 meeting. Prepare drafts of forms and procedures for pilot slides, drafts of forms and sites to use for gathering and reporting data. Participate in procedures kick-off meeting —discuss logic model, data collection/reporting processes, MOUs and data requests. Meet with pilot OST providers to review and finalize their MOUs and data requests from 9/30/2014 $2250.00 MOUs and first data requests for submission to two pilot pilot sites are ready for School Districts. submission to the school districts. Participate in planning sessions with vendor, data housing institution, School District staff and SPARC to determine data transfer process. Meeting agendas and notes TOTAL 11/30/2014 $900.00 $49,995.00 Professional Services Agreement with Herrera and Ware Research Solutions, LLC 13 of 13