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HomeMy WebLinkAboutContract 58664City Secretary Contract No. 58664 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 MATRIX CONSULTING GROUP, LTD ("Vendor"), a limited liability company, each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Price Schedule; and 4. Exhibit C — Verification of Signature Authority Form. Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Scope of Services. Conduct an update to the workload and staffing study. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below ("Effective Date") and shall expire on December 31, 2023 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). 3. Compensation. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit "B," — Price Schedule. Total payment made under this Agreement by City shall be in an amount up to One Hundred and Sixty -Six Thousand Nine Hundred and Forty Dollars ($166,940.00). Payments for the following years shall be as described in Exhibit B. Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. Vendor Services Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page] of 22 City Secretary Contract No. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to 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. Vendor Services Agreement Page 2 of 22 City Secretary Contract No. 6. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. 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 not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subVendor. Liability and Indemnification. 8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND 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. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the Vendor Services Agreement Page 3 of 22 City Secretary Contract No. cost and expense of payment for claims or actions against City pursuant to this section, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assi ng ment. Vendor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: Vendor Services Agreement Page 4 of 22 City Secretary Contract No. $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the 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. Vendor Services Agreement Page 5 of 22 City Secretary Contract No. 11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Assistant City Manager200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Matrix Consulting Group, LTD Richard P. Brady, President 1650 S Amphlett, Suite 213 San Mateo, CA 94402 Phone: (605)823-3174 14. Solicitation of Employees. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Vendor Services Agreement Page 6 of 22 City Secretary Contract No. 17. Governing Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. Force Maieure. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force maj eure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting parry shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 26. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Vendor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures Vendor Services Agreement Page 7 of 22 City Secretary Contract No. and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28. Signature Authority. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. Change in Company Name or Ownership. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. 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 term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples Vendor Services Agreement Page 8 of 22 City Secretary Contract No. ACCEPTED AND AGREED: CITY OF FORT WORTH: 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: ensuring all performance and reporting requirements. Name: Fernando Costa Title: Assistant City Manager Date: Dec 30, 2022 Jaco ohse (Dec 28, 202213:42 CST) By: Name: Jacob Lohse APPROVAL RECOMMENDED: Title: Administrative Services Manager APPROVED AS TO FORM AND By: Roberth11dr0ge(Dec 30,202209:19CST) LEGALITY: Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief a pORTIlIIII � ATTEST: e: Nico Arias Et ova o:, °Q nIl 7e: Assistant City Attorney nEXo 66q" By: Jannette S. Goodall (Dec 30, 202218:34 CST) CONTRACT AUTHORIZATION: M&C: 22-1075 Name: Jannette Goodall Title: City Secretary Date Approved: 12/13/22 Form 1295 Certification No.: 2022-958977 TRIX CONSULTING GROUP, LTD By: . / 8� Name: Richard P. Brady Title: President OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 9 of 22 VY141RIT A SCOPE OF SERVICES Proposal to Conduct the Update to the Workload and Staffing Study Fort Worth, TX 1. Proposed Approach to Conduct the Study The following task areas outline our plan to complete the update to the 2017 study. ask 1 1 Initiation and Initial Interviews The project team will begin the study by developing an initial understanding of the department through an extensive input phase. The team will meet with internal and external stakeholders using a combination of on -site and virtual interviews that are designed to help us learn about the department, its goals, the unique factors of the service environment, and to obtain views on issues relevant to the project. This process includes the following interviews: • Conduct a kickoff meeting with the City Manager's Office and the project review committee, including project objectives, approach, deliverables, and schedule. • Interviews with city officials and management team. • Meet with the chief and command staff of department, both individually and as a group. • Conduct one-on-one interviews with department personnel at all levels of the organization — managers, supervisors, and line staff. • Meet with representatives from labor groups to better understand issues relevant to specific groups. • Interview contacts within the department to start the data collection process, as well as other key contacts within the organization. • Other interviews with key stakeholders as identified throughout this process. In preparation for the kickoff meeting, the project team will develop a comprehensive list of data needed to conduct the study, as well as a week -by -week schedule for project completion. The initial interviews will also be used to identify key points of contact to collect data and schedule interviews within the department. TASK RESULT Based on the results of these interviews and initial data collection, the project team will prepare an issues list that will provide the basis for subsequent analytical steps. The project team will also finalize the project work plan project deliverable schedule. Matrix ConsultiS�; ,'aru!p Page 1 Vendor Services Agreement — Exhibit A Page 11 of 13 EXHIBIT A Proposal to Conduct the Update to the Workload and Staffing Study Fort Worth, TX Task 2 1 Employee Survey Input obtained through interviews will be supplemented through an online anonymous survey of all department employees in order to give everyone in the organization the opportunity to participate in the study. The survey will cover a wide range of issues relevant to the study, including perceptions of service levels, community support, training availability, staffing, and organizational issues. The results will be tabulated into an analysis that examines key findings and differences in perception among different groups. For instance, there may be some areas where civilian and sworn opinions exist on internal department issues. Respondents will also be given a chance to provided more open-ended input. TASK RESULT An anonymous online employee survey will be distributed to all department employees, offering everyone the opportunity to provide input to the study. The responses will be tabulated, and the key findings and conclusions will be summarized in an analytical report that will be reviewed with the project steering committee. Task 3 I Descriptive Profile The project team will document its initial understanding of the department, its service levels, staffing, and service environment in a comprehensive descriptive profile of the organization. The draft document will provide a foundation for subsequent analysis by ensuring the accuracy of our assumptions and understanding of key details. The profile will also review the functionality of each area of the department, the key workload and service level drivers of each work unit. The draft document will be reviewed on site with the project team, with corrections and revisions being made thereafter. This meeting will also provide an opportunity to discuss initial observations and findings, coordinate any remaining data collection needs, and discuss the next steps of the project. TASK RESULT The project team will develop a descriptive profile of the department will be created, detailing the staffing, workload levels, service goals, and deployment schedules of the department, as well as outline the organizational and public safety objectives achieved by each unit. Matrix Consulting Group Vendor Services Agreement — Exhibit A Page 11 of 13 VY14TRIT A Proposal to Conduct the Update to the Workload and Staffing Study Fort Worth, TX Task 4 I Analysis of Workload, Staffing, and Deployment The project team will develop a comprehensive analysis of staffing needs for every function and assignment within the department, including both sworn and civilian employees. Additionally, the analysis will determine strategies achieving the best use of existing resources. For every function, the analysis will focus on the ability of staffing levels to achieve targeted service levels and support effective operations management. This includes review of key workload drivers and processes for administrative and support functions. (1) Patrol Workload, Proactivity, and Staffing Analysis of community -generated calls for service using computer aided dispatch data is central to this effort. project team will determine current service levels through the following: Analysis of patrol workload, including at the following levels: — Calls for service by hour and weekday, month, area, priority level. — Response and travel times by priority level and call classification. — Total spent handling calls by primary and backup units by time and area. — Factors and assumptions for other workload factors, such as report writing. Patrol self -initiated activities and community engagement strategies, including self -initiated activities by hour and weekday, as well as trends in types and frequency for self -initiated activities. Determine patrol staffing needs, both overall and at the level of each patrol division and shift, based on workloads and targets for proactivity. Analyze patrol supervisory staffing needs based on span of control and the impact of the administrative workloads handled by sergeants and ability to be in the field. The following tables provide examples of the firm's approaches to analyzing crime, calls for service, and patrol proactivity (uncommitted) time. - Matrix Consulting Group Vendor Services Agreement — Exhibit A Page 11 of 13 Proposal to Conduct the Update to the Workload and Staffing Study Fort Worth, TX Uncommitted Time by Hour and Weekday Probability of Code 3 Calls Meeting Response Time Goal Sun Mon Tue Wed Thu Fri Sat Overall tam-fiam 54%75% 6am-10am 34% 34%33% 34°,6 34% (: 40%1Oam-2pm 22% 1A 20% 20% 28% 19% 21% 21% 50% rresponded 2pm-fipm 32% 27% 29% 29% 28% 27% 31% 29%tes 6pm-10pm 24% 23% 22% 22% 24% 22% 22", 25%25% 10pm-2am 21% 39% 36% - 346 30% 20% 30% Overall 31% 32% 34% 34% 33% 32% 30% 32% 0 min. 20 min. 40 min. Deployed Officers Needed to Meet Uncommitted Time Goal Response Time Performance by Hour 29 30 3o 29 30 30 29 30 3o 31 31 30 31 27 26 25 22 23 19 20 15 14 12 10 12a 4a Ba 12p 4p Bp Matrix Consulting Group 150 min 120 in 60 min. Code 6 (Non -Emergency} 90 min. 60 min. Code 2 (Urgent) 30 min. Code 3 (Emergency) 0 min. - 12a 4a Ba 12p 4p Bp 4 Vendor Services Agreement — Exhibit A Page 11 of 13 EXHIBIT A Proposal to Conduct the Update to the Workload and Staffing Study Fort Worth, TX Hotspot analysis I Patrol deployment zones Matrix Consulting Group Visibility and saturation Response time analytics Vendor Services Agreement — Exhibit A Page 11 of 13 EXHIBIT A 'roposal to Conduct the Update to the lAlorkload and Stajiimiy LJ ,'y , (2) Investigations The analysis of investigations workload and staffing needs incorporates input received from the interviews conducted with investigative managers, comprehensive collection of data to examine caseloads and associated workloads, as well as a review of participation in specialized regional task forces. Through this process, the project team will develop an analysis of staffing needs for investigative functions, including review of the following: • Case assignment and screening. • Management of versus inactive cases. • Average workloads by detective in each investigative unit. • Coordination with patrol and records. • Average time from initial report, assignment of the case, and start of work. • Solvability factors and work priority management. • Division of case types by unit. The interim deliverable of staffing needs will provide preliminary findings on issues associated with staffing throughout the department, as well as the number of staff needed by function to meet targeted service levels. The draft document will be reviewed with the project steering committee, with revisions made thereafter. TASK RESULT The project team will develop an interim report that provides a comprehensive analysis of the workload and staffing needs in every function in the department. Organization and Performance Management Using issues identified throughout the input and analytical phases to this point, the project team will provide analysis on the department's organizational structure, and identify potential efficiencies to be gained from making, changes as needed, and opportunities to restructure how services are provided. Performance management is a critical component of this, and should be facilitated by the reporting relationships of the organizational structure. The project team will work department stakeholders to key metrics to use in achieving performance objectives, Matrix Con3ulting Groi.. Vendor Services Agreement — Exhibit A Page 11 of 13 EXHIBIT A 'roposai to Conduct the Update to the lAlorkload and Staffing Study Fort Worth, TX processes for monitoring and reporting data, and ensuring that accountability is maintained. The project team will develop a report that analyzes issues and opportunities to realign the organizational structure of the department, in addition to a framework for implementing performance measures and data reporting throughout the department. Importantly, these steps serve as a foundation forthe department to replicate the staffing analysis in the future as needs evolve. TASK RESULT The project team will develop an analysis of recommended changes to the department's organizational and frameworks for performance management and reporting. The metrics identified as part of this analysis will be utilized as part of the projections analysis, and provide a basis for the department to replicate the study's analysis in the future as needs evolve. Update Projections for Service Demands and Staffing Needs The unique factors of a community shape the service environment that law enforcement personnel operate in, and as a result, there is not a one -size -fits -all approach to identifying strategic planning. The projections completed in the last study will be updated with a re -analysis of growth and development within the city and associated service level impacts, as well as how those impacts translate into staffing needs. The modeling system we have developed to determine the impacts of development and growth on police service demands is the combined product of using advanced technical capabilities and our experience in working with law enforcement clients. Key aspects of the model employed to create an accurate and defensive model for planning service and personnel needs include the following: Matrix Consulting Group 7 Vendor Services Agreement — Exhibit A Page 11 of 13 EXHIBIT A Proposal to Conduct the Update to the Workload and Staffing Study Illustrative Factors Considered to Project Staffing Needs JL uoarr�� - -AcR� 1 LLE Imo: 'I 1 LI — R A, FsrA—ll l �sliaRa vurn. J H L ,. Matrix Consulting Group Fort Worth, TX Geographic Analysis of Service Needs In order to model the effects of the anticipated growth in the community, it is critical to understand the rates at which existing and similar developments generate police workloads. Our analysis will utilize a GIS-centered approach to examine geospatial trends in police service demand. Current and Anticipated Land Use Different types of residential, commercial, and industrial zoning spaces have unique impacts on public ID RESERvr safety service needs. L —,_ ri We will meet with city and county planning and development to understand how land is used currently, as well as the configurations of anticipated developments, in order to accurately model how these needs will evolve. The data collected from city and/or county planning and development departments, as well as other resources, will form the basis of our GIS model of how police service needs will evolve over the next 10 years. Local and Regional Interactions Understanding the context of the community within its surrounding region is essential to forecasting its planning needs. This includes developing an understanding of factors such as: • Daytime working population and effects on field resource demands. • Entertainment area growth and impacts on needs for specialized resources. 8 Vendor Services Agreement — Exhibit A Page 11 of 13 EXHIBIT A Proposal to Conduct the Update to the `j"Vorkload and Staffing Study 11IF"1111111111111111111 Workload -Based Projections Fort «Vorth, TX Rather than base projections for future staffing needs on a simple ratio such as officers per capita, our analysis builds staffing needs from how workload is changes — whether driven by calls for service for patrol personnel, cases for investigators, or reports and administrative workloads for records staff. Data collected for the analysis of projected service and personnel needs includes the following: • CAD data (up to the past three years if current CAD system has been in place for that timeframe). • Supporting information for CAD analysis (e.g., unit code and incident type lists, patrol schedules, incident report totals, arrest and booking totals). • UCR/NIBRS (up to the past three years; including location coordinates if data systems allow). • Planning and land use GIS shapefiles (preferably including information such as commercial space, housing unit counts, and other key data). • Information on planned development activity, including the current stage of each project (e.g., development review permit issued, etc.) and estimated timeframe for completion. The project team will collect other publicly available data used for the analysis, such as road networks, census data, and geographical features. The results of the service needs and staffing projections will be developed into an interim deliverable that provides comprehensive projections for service and staffing needs for every police department function. The projections will be provided at multiple timeframes in order to provide for a more accurate planning process. The interim document will be reviewed with the project steering committee, with revisions being made thereafter as needed. It is also important to note that our planning models will also be provided to the department prior to the completion of the project, enabling for adjustments to be made in the future as growth trajectories shift. Matrix Consulting Group Vendor Services Agreement — Exhibit A Page 11 of 13 VY14TRIT A Proposal to Conduct the Update to the Workload and Staffing Study Fort Worth, TX TASK RESULT The analysis will result in an interim deliverable that updates the previously completed analysis, comprehensively projecting law enforcement workloads and staffing needs over the next decade for every department position and functional area. The project team will review the draft deliverable with the steering committee on site or remotely, and make revisions thereafter as needed. Final Report and Phased Implementation Plan The draft final report combines each of the analytical steps and interim deliverables into one document, including recommendations for each area covered in the study. It is critical that the recommendations made as part of the study be specific, measurable, prioritized, and associated with a detailed and comprehensive timeline for implementation. It will include the following elements: • An .xecutlive summari, summarizing the major findings of the study. • Comprehensive analysis of workload, staffing, and deployment for each function within the department. • Analysis ofby shifting beat, sector, and division boundaries to equalize workload and facilitate community policing. • Detailed projection of future growth and developer- over the next decade, included associated impacts on service demands, and how those impacts translate into staffing needs in every police department functional area. • Ability of the ,rganizaiioikau &taut �w' to facilitate effective operations and performance management. • A comprehensive list of recommendations, including staffing needs for each function within the department, both now and throughout the projection timeframe. This includes a plan for implementation that factors in: — Identification of financial impacts associated with each recommendation. — Phasing the implementation of staffing recommendations based on a framework for prioritization in a phased manner. — As part of the organizational and performance management analysis, benchmarks for adding staff so that the analysis. can be replicated as needs change. Matrix Consulting Group Vendor Services Agreement — Exhibit A Page 11 of 13 EXHIBIT A Proposal to Conduct the Update to the Workload and Staffing Study Fort Worth, TX The draft final report will be reviewed with the project steering committee on site, and any key stakeholders identified through the process of the study. The project team will thereafter be available make presentations to key stakeholders, including the elected officials, as requested. TASK RESULT The project team will develop a draft final report that builds upon all interim deliverables to provide a comprehensive analysis of the department, including recommendations, projected impacts over the next ten years, and a prioritized plan for implementation that prioritizes recommendations and associated costs. 2. Schedule We proposed a 20-week timeline to conduct all items outlined in the task plan, as illustrated by the following week -by -week Gantt chart outlining how these tasked would be sequenced across the study timeline: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Initiation and Interviews Descriptive Profile Workload and Staffing Organization & Mgmt. Projections Report and Impl. Plan Matrix Consulting Group IN Vendor Services Agreement — Exhibit A Page 11 of 13 EXHIBIT B PRICE SCHEDULE Proposal to Conduct the Update to the Workload and Staffing Study Fort Worth, TX 3. Cost The following table provides our proposed not -to -exceed cost for the project, as well as house dedicated per task, by staff category: Project Sr. Manager VP Manager Consultant Consultant Cost Initiation and Interviews 40 40 64 64 8 $30,721 Employee Survey 8 8 0 24 4 $7,955 Descriptive Profile 8 12 24 24 12 $9,735 Workload and Staffing 16 24 48 48 36 $20,791 Organization & Mgmt. 16 4 40 40 0 $1 1,226 Projections 12 32 36 10 32 $15,701 Report & Implementation 32 24 56 64 24 $26,481 Total Hours 132 144 268 274 116 Hourly Rate $300 $225 $150 $138 $110 Total Professional Fees $39,600 $32,400 $40,200 $37,850 $12,760 $162,810 Project Expenses $4,130 Total Project Cost $166,940 Terms. The Matrix Consulting Group will invoice work monthly based upon the level of fulfillment of each task (outlined below) until project completion. Payment Terms are net 30 days. Tasks 1. Initiation and Interviews 2. Employee Survey 3. Descriptive Profile 4. Workload and Staffing 5. Organization & Mgmt. 6. Projections 7. Report & Implementation Vendor Services Agreement — Exhibit B Pagc 12 of 13 ACITY COUNCIL AGEND Create New From This M&C DATE: 12/13/2022 REFERENCE **M&C 22- LOG NAME: NO.: 1075 CODE: P TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas F{l RT WO RT H 35POLICE STAFFING STUDY UPDATE ZUG SUBJECT: (ALL) Authorize Agreement with Matrix Consulting Group, LTD., to Update the 2018 Staffing Analysis and Deployment Study of the Police Department for Planning and Data Analytics and Police Departments in a Total Amount Up to $166,940.00 RECOMMENDATION: It is recommended that the City Council authorize an agreement with Matrix Consulting Group, LTD., to update the staffing analysis and deployment study of the Police Department that was previously authorized by Mayor and Council Communication P-12160 and conducted in 2018. DISCUSSION: This Mayor and Council Communication (M&C) requests approval to execute a contract with Matrix Consulting Group, LTD to conduct an update of the 2018 study of the Fort Worth Police Department. While conducted in recent years, the study results were reflective of staffing challenges that existed prior to both the COVID-19 pandemic and unprecedented changes in policing across the United States over this time. These new challenges have resulted in necessary adjustments to programming and staffing recommendations in the original study. As such, the Planning and Data Analytics and Police Departments believe that refreshing the study will ensure that the City of Fort Worth Police Department (FWPD) efficiently identifies and deploys resources to address the current environment. Matrix Consulting will be updating the previous study after responding to a formal Request for Qualification (RFQ) process conducted by the Purchasing Department. The contract authorized by M&C P-12160 followed the RFQ process. This has been reviewed and approved for an exemption from competive bid. The contractor in the original contract (Matrix Counsulting) provided an objective, systematic and comprehensive study to evaluate the Police Department's staffing and deployment. The 2018 study resulted in 116 recommendations for response and deployment by the Department. Of those recommendations that are still relevant to current operations; 8 have been implemented, 42 are pending additional resources, and 38 can be implemented without increased resources. Of the remaining, 20 were not accepted and 8 are pending additional information. The study's update will include all divisions in the Police Department and will entail staff interviews, analysis of resources, operations, and deployment, projection of service demands and staffing needs, an analysis of organizational structure and management, and best practice assessment. The final updated report will include specific recommendations for policy, management action, improved efficiency and deployment, appropriate staffing levels, and identification of functions that could be performed more appropriately by other means. The contract price to update the study and analysis is $166,940.00 which is $46,940.00 more than the previous study. The Scope of Work provides 20-weeks to complete stakeholder interviews, descriptive profile, reviews of workload, staffing, organization and management. The final report will include recommendations, projections, and an implementation plan. Upon City Council approval, the Agreement shall commence on the date of contract execution and shall expire on September 30, 2023. Police Department was approved for a sole source exemption by City Attorney's Office, therefore, the business equity goal requirement is not applicable. Funding is budgeted in the Police Administration Department's rollup within the General Fund. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. Fund Department ' Account Project ' Program ' Activity Budget ID I ID I Year Fund Department Account Project Program Activity Budget ID ID Year Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: Neil Noakes (4212) Additional Information Contact: Leo Luna (4243) ATTACHMENTS 221129 Dept Waiver Approved PD STAFFING STUDY.pdf (CFW Internal) Chapter 252 Exemption Form PD Staffing Study 4.5.22.pdf (Public) Fort Worth Police Study Update.pdf (Public) Fort Worth, TX - Form 1295.pdf (CFW Internal) Matrix Consulting Funds Availability.docx (CFW Internal) STAFFING STUDY FID TABLE.XLSX (CFW Internal) Reference # Amount (Chartfield 2) Reference # Amount Chartfield 21 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Matrix Consulting Group, LTD 650 S Amphlett, Suite 213 San Mateo, CA 94402 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President / CEO Other Title: Date: Vendor Services Agreement — Exhibit C Page 13 of 13