HomeMy WebLinkAboutContract 45702 eff
C014TRACT NO.
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation
situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Charles
Daniels, its duly authorized Assistant City Manager, and Morris & McDaniel, Inc., ("Consultant"), a
Texas Corporation and acting by and through David M. Morris, Ph.D., J.D., its duly authorized
President, each individually referred to as a"party"and collectively referred to as the"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—Statement of Work
3. Exhibit B—Budget
4. Exhibit C—Morris &McDaniel, Inc.Response to City of Fort Worth's Request for Proposals
Number 14-0076 dated March 4,2014(incorporated by reference but not attached due to the
proprietary information contained in the document)
5. Exhibit D—City of Fort Worth's Request for Proposals for Police Captain Assessment Center
Number 14-0076 issued on February 05,2014
All Exhibits are incorporated herein and made a part of this Agreement for all purposes. In the event of
any conflict between the documents, the terms and conditions of this Professional Services Agreement
shall control.
1. SCOPE OF SERVICES.
Consultant hereby agrees to provide the City with professional services for the creation and
administration of a Police Captain Assessment Center.Attached hereto and incorporated for all purposes
incident to this Agreement is Exhibit "A," Statement of Work, which describes the services to be
provided hereunder. Consultant's services are more specifically described in Exhibit "C," Morris & t
McDaniel, Inc. Response to City of Fort Worth's Request for Proposals Number 14-0076 dated March
4, 2014, which is incorporated by reference but not attached due to the proprietary information
contained in the document, and Exhibit "D," City of Fort Worth's Request for Proposals for Police
Captain Assessment Center Number 14-0076 issued on February 05, 2014, attached hereto and
incorporated for all purposes incident to this Agreement.
2. TERM.
This Agreement shall commence upon final execution by all parties ("Effective Date") and shall
expire one year from that date ("Initial Term"), unless terminated earlier in accordance with the
rn provisions of this Agreement. The City shall have the option, in its sole discretion, to renew this
C-) Agreement under the same terms and conditions, for up to four (4), one (1) year periods after the
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expiration of the Initial Term.
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® 3. COMPENSATION.
The City shall pay Consultant an amount not to exceed $49,999.99 annually for creation and
administration of a Police Captain Assessment Center. The not to exceed arnount shall be in accordance
with the provisions of this Agreement and the Budget attached as Exhibit"B," which is incorporated for
PSA City ofFW and Morris&McDaniel,Inc.(Execution Copy 6/10/14)
COFFICIAR.RECORD
CITY SECRETARY
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all purposes herein. 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 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 approves such expenses in writing.
Consultant will invoice the City for Project I and Project II upon completion of the services
rendered by Consultant. Consultant will invoice the City for completion of future Police Captain
Assessment Centers, as described in Project III, upon completion of the services rendered by Consultant.
Consultant will coordinate all travel arrangements for the assessors upon City's request. Travel
arrangements will include travel to and from Fort Worth, transportation around Fort Worth, associated
parking fees, lodging, food, and all other travel related expenses incurred by assessors. The estimated
amount for travel for the assessors is approximately $6,940. Consultant will be entitled to a fifteen
percent(15%) administrative fee based on the actual travel cost. The total amount for assessor travel and
the administrative fee will not exceed$8,000 per Police Captain Assessment Center unless confirmed in
writing by City prior to arrangements being booked. Consultant will invoice City for the travel
arrangements of the assessors and the administrative fee after completion of each Police Captain
Assessment Center. City will pay all invoices within thirty(30)days upon receipt.
4. TERMINATION.
4.1. Written Notice.
The City or Consultant 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 the City in any fiscal
period for any payments due 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 the City of any kind whatsoever, except as to the portions
of the payments herein agreed upon for which funds shall have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the City
shall pay Consultant for services actually rendered up to the effective date of termination and
Consultant shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
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 prior 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.
PSA City of FW and Morris&McDaniel,Inc.(Execution Copy 6/10/14)
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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.
Consultant understands and acknowledges that the City is a public entity under the laws of the
State of Texas, and as such, all documents held by the City, whether a part of this Agreement or
otherwise, are subject to disclosure under Chapter 552 of the Texas Government Code. If the City is
required to disclose any documents that may reveal any of Consultant's proprietary information to third
parties under the Texas Government Code or by any other legal process, law, rule, regulation or judicial
order by a court of competent jurisdiction, City will utilize its best efforts to notify Consultant prior to
disclosure of such documents. It is Consultant's responsibility to seek any injunctive relief, file necessary
objections and/or submit appropriate arguments to the Texas Attorney General's Office as to why such
information shall not be disclosed. Notwithstanding the foregoing, City shall not be liable for any
damages or loss to Consultant or Consultant's business as a result of City's obligation to release such
information pursuant to law,rule,regulation or by judicial or other order.
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, 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 Contract
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.
Consultant further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
payment of the subcontract, have access to and the right 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.
7. INDEPENDENT CONSULTANT.
It is expressly understood and agreed that Consultant shall operate as an independent Consultant
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, consultants 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,
consultants and subcontractors. Consultant further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Consultant.
8. LIABILITY AND INDEMNIFICATION.
A. LIABILITY - CONSULTANT 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 HIND OR
PSA City of FW and Morris&McDaniel,Inc.(Execution Copy 6/10/14)
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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.
ADDITIONALLY, CONSULTANT SHALL BE LIABLE FOR AND RESPONSIBLE
FOR DEFENDING THE CITY AGAINST ANY AND ALL CLAIMS AGAINST THE
CITY OF DISCRIMINATION IN CONNECTION WITH THE DEVELOPMENT,
ADMINISTRATION OR DISPARATE IMPACT OF THE ASSESSMENT CENTER
UNDER TITLE VII; THE AMERICANS WITH DISABILITIES ACT, AS AMENDED;
THE AGE DISCRIMINATION IN EMPLOYMENT ACT; THE TEXAS COMMISSION
ON HUMAN RIGHTS ACT; AND THE TEXAS LABOR CODE.
B. INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST
PROFITS); PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OR DISCRIMINATION, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OR
MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
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.
10. INSURANCE.
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:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis
PSA City of FW and Morris&McDaniel,Inc.(Execution Copy 6/10/14)
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Coverage shall be on any vehicle used by the Consultant, its employees, agents,
representatives in the course of the providing services under this Agreement.
"Any vehicle"shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas workers' Compensation
Act(Art. 8308— 1.01 et seq. Tex. Rev, Civ.Stat.)and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and$100,000 per disease per employee.
(d) Professional Liability(Errors&Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the
contractual agreement and for two (2) years following completion of services
provided. An annual certificate of insurance shall be submitted to the City to
evidence coverage.
10.2 Certificates.
(a) The commercial general liability and automobile liability policies shall name the
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 the City of Fort Worth.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to the 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, 1000 Throckmorton, Fort Worth, Texas 76102,
with copies to the 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
PSA City of FW and Morris&McDaniel,Inc.(Execution Copy 6/10/14)
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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 the City to request required insurance documentation
shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that the Proposer has obtained all required
insurance shall be delivered to the City prior to Proposer proceeding with any
work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS.
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.
12. NON-DISCRIMINATION COVENANT.
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 or group
of individuals on any basis prohibited by law including Chapter 17,Article III of the Code of the City of
Fort Worth. 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.
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 The CITY: To CONSULTANT:
City of Fort Worth Morris &McDaniel, Inc.
Attn: Charles Daniels David M. Morris,Ph.D., J.D.,President
1000 Throckmorton Street 117 South Saint Asaph Street
Fort Worth,TX 76102-6311 Alexandria,VA 22314
Facsimile: (817)392-8654 Facsimile: (703) 836-4280
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Consultant 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 Consultant, 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.
PSA City of FW and Morris&McDaniel,Inc.(Execution Copy 6/10/14)
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15. GOVERNMENTAL POWERS.
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.
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.
17. GOVERNING LAW/VENUE.
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 or 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 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 MAJEURE.
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.
20. 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.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
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.
PSA City of FW and Morris&McDaniel,Inc.(Execution Copy 6/10/14)
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23. ENTIRETY OF AGREEMENT.
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 the event of any conflict between the documents, the terms and
conditions of this Professional Services Agreement shall control.
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. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration&Nationality Act(INA)which includes
provisions addressing employment eligibility, employment verification, and nondiscrimination. Proposer
shall verify the identity and employment eligibility of all employees who perform work under this
Agreement.Proposer shall complete the Employment Eligibility Verification Form(I-9),maintain
photocopies of all supporting employment eligibility and identity documentation for all employees,and
upon request,provide City with copies of all 1-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement.Proposer shall establish appropriate procedures and
controls so that no services will be performed by any employee who is not legally eligible to perform such
services.Proposer shall provide City with a certification letter that it has complied with the verification
requirements required by this Agreement.Proposer shall indemnify City from any penalties or liabilities
due to violations of this provision. City shall have the right to immediately terminate this Agreement for
violations of this provision by Proposer.
26. 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. The other party is fully entitled to
rely on this warranty and representation in entering into this Agreement.
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 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. 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,
Proposer 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
PSA City of FW and Morris&McDaniel,Inc.(Execution Copy 6/10/14)
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this.3X.)day of
(Ifs ( C? ,2014.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
Chart W. Daniels
Assistant City Manager
Date:—,P6. 2Y.Y U-
APPROVAL RECOMMENDED:
By: _
Jeffre talsit�
C hief of Police
Date:
APPROVED AS TO FORM
AND LE a T ',
By: "
Jessica Safi
svang
Assistant,Ci y Attorney
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Contract Authorization:
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Date Approved: 000000
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By: 0.. �(kd0
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Ci ' Secretary
Morris&McDanie4 Inc. ATTEST:
By: t
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David M.IVlorris,Ph.D, J.D. Name
President
Date:
PSA City of FW and Morris&McDaniel,Inc.(Execution Copy 6/10/14)
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EXHIBIT A
STATEMENT OF WORK
1. Project I
• Creation of the Police Captains Assessment Center
The Consultant shall develop the assessment center based on the professional guidelines
for assessment centers advocated by the American Psychological Association and in
accordance with the federal Uniform Guidelines on Employee Selection Procedures
(UGESP). The Consultant will work with the City to ensure that the assessment center
exercises are developed in a manner that will result in the least amount of adverse impact
possible.
• The Consultant shall make all final decisions concerning the design and
implementation of the assessment center.
• The Consultant shall provide an initial Assessment Center Orientation in a video or
PowerPoint presentation format to selected City employees. This presentation can
include"mock"or sample versions of assessment modules.
• The Consultant shall also select the assessors who shall meet the following criteria:
1. Hold a rank equivalent to that of Captain, or above;
2. Shall not reside in the City of Fort Worth;
3. Shall not be related within the second degree to any candidate for promotion;
4. Shall not personally know any candidate for promotion;
5. Shall have at least two(2)years of experience in the rank being
assessed or an equivalent rank;and
6. Shall not be a current or former employee of the City, Department or any other
entity legally related to or controlled by the city of Fort Worth.
• The Consultant will utilize, as appropriate, the following types of exercises typically
found in assessment centers:
1. In-Basket
2. Problem Solving/Analysis
3. Written and Oral Resumes/Structured Interviews
4. Role-Playing
5. Memo/Report Writing
6. Oral Presentation/Plan Preparation
7. Staff Meeting
8. Special Event/Operations,
PSA City of FW and Morris&McDaniel,Inc.(Execution copy 6/9/14)
• The Consultant may utilize other types of assessment exercises or methods if
there is documented research on the validity of the exercise or method for use
with assessing the rank of Captain,or equivalent rank.
• The Consultant will have responsibility or oversight of the following administrative
functions:
1. Collect data on the essential job duties of the tested rank for test and
exercise development.
2. Develop an assessment center based on the essential job functions of
the tested rank, including the above-referenced exercises.
3. Document that selection devices are valid and reliable measurement
instruments and that acceptable and legally defensible statistical
methods were used.
4. Conduct any necessary transportability studies for use of standard
assessment exercise or methods for use with the tested rank.
5. Provide any documentation or research supporting the validity of the exercises or
methods used.
6. Provide an Administrator's manual to the HR department.
7. Provide guidance on the selection of assessors.
8. Conduct or provide a training manual for training assessors to objectively evaluate
candidate performance or behavior and rate candidates on the appropriate rating scales.
9. Provide rating scales and criteria for evaluating candidates on the appropriate assessment
dimensions and a methodology to combine assessment center scores to place candidates on
a rating scale with 100 points.
10. Conduct or provide materials and information for an orientation to the assessment center
process for candidates.
11. Provide guidance or conduct any other administrative function deemed necessary
to insure the fairness or efficiency of the assessment process.
• The Assessment Center plan must be completed and submitted by September
30,2014.
2. PROJECT II
• Administration of Initial Assessment Center
• The Consultant will administer the Assessment Center Process based on times, dates
and locations as predetermined by the HR and Police Department. The Consultant
and the selected assessors will be available in a timely manner to administer all
exercises related to a given promotional exam.The Consultant shall also:
1. Conduct an initial Assessment Center Orientation in a video or PowerPoint
presentation format to selected City employees. This presentation can include
"mock"or sample versions of assessment modules.
PSA City of FW and Morris&McDaniel,Inc.(Execution copy 6/9/14)
2. Discuss event-specific,planned exercises, scenarios and modules only the HR
and the Police Department staff assigned to administration of the Assessment
Center process.
3. Meet with designated members of the Police Officers Association, along with the
HR and Police Department staff assigned to administration of the Assessment
Center, to review statistical test evaluations, outcomes and methodology, which
shall include the materials associated with assessor training and performance,and
any candidate orientation materials.
4. Video all applicant participation in all assessment center testing modules.These
videos should be provided to HR at the conclusion of all testing.
5. Provide the HR Department an overall summary report of all materials,
methodologies, and exercises,and the individual module scores and final scores
for all candidates involved in the respective assessment center process.
6. Document and prepare a comprehensive summary report with a final grade for
each participant in an assessment center process. This report shall be in such a
format so that HR and assigned Police Department City staff can discuss the final
results with the participant.
7. If necessary, an assessment center will be revised by Consultant if the revision
involves removing unnecessary exercises or adjusting rating scales.
8. Document that the selection devices used are valid and reasonable measurements
with regard to the transportability study and the Federal Uniform Guidelines on
Employee Selection Procedures(UGESP).
9. Provide any documentation and testimony to appear in court or before any
regulatory authorities or bodies to provide any testimony as an expert witness in
conjunction with any challenges, appeals, suits, grievances which might arise
from providing the proposed services.
10. Defend and/or represent the City and testify on the City's behalf if any claims or allegations
are made regarding the services provided including,but not limited to,the validity of test
battery or evaluations methods or results.
11. Research and investigate to insure that all tests,procedures,results,and interpretations are
valid,reliable,cross cultural and legally defensible for the purposes used.
12. Document that the entire selection process is valid and meets all required criteria.
13. Consultant will coordinate all travel arrangements for the assessors upon City's
request. Travel arrangements will include travel to and from Fort Worth,
transportation around Fort Worth, associated parking fees, lodging, food, and all
other travel related expenses incurred by assessors.
PSA City of FW and Morris&McDaniel,Inc.(Execution copy 6/9/14)
3. PROJECT III
• All requirements for Project II are required for Project III with the exception of the
Requirement to conduct the initial assessment center orientation.
• Conduct an initial Assessment Center Orientation in a video or PowerPoint
presentation format to selected City employees.This presentation can include
"mock"or sample versions of assessment modules.
• Exam Administration
• Scoring and Reporting
• Consultant will coordinate all travel arrangements for the assessors upon City's
request. Travel arrangements will include travel to and from Fort Worth,
transportation around Fort Worth, associated parking fees, lodging, food, and all
other travel related expenses incurred by assessors.
PSA City ofFW and Morris&McDaniel,Inc.(Execution copy 6/9/14)
EXHIBIT B
BUDGET
1. PROJECT
• All requirements for Project II are required for Project III with the exception of the
Requirement to conduct the initial assessment center orientation.
• Cost
• Detailed price proposal:
1. Flat-fee for completing Project I $14,010.00
(Assessment Center)
2. Flat-fee for completing Project II $9,065.00
(Administer the Initial Assessment Center Process)
Estimated fees for assessor travel $6,940.00
Estimated admin fee for arranging assessor travel(15%) $1,041.00
* Per person fee for completing Project II $1,295.00*
(Possible Future Assessment Center Process)
3. Flat-fee for completing Project III $8,590.00
Estimated fees for assessor travel $6,940.00
Estimated admin fee for arranging assessor travel(15%) $1,041.00
* Per person assessed Flat-fee for completing project III $1,227.14*
(Based on estimate of 7 candidates)
2. BUDGET TOTAL
• Flat-Fee for completing Project I $14,010.00
• Flat-Fee for completing Project II $9,065.00
• Estimated fees for assessor travel $6,940.00
• Estimated admin fee for arranging assessor travel(15%) $1,041.00
• Flat-Fee for completing Project 111 $8,590.00
• Estimated fees for assessor travel $6,940.00
• Estimated admin fee for arranging assessor travel(15%) $1,041.00
* Budget Total $31,665.00+actual assessor travel
PSA City of FW and Morris&McDaniel,Inc.(Execution copy 6/9/14)
Budget Schedule
PROJECT I
Level of
Job Analysis Employee Rate Effort Hrs. TOTAL
Project Director David Morris $250.00 4 $1,000.00
Associate Director Joe Nassar $185.00 2 $370.00
Senior Technician Mark Minc $185.00 4 $740.00
Senior Technician Kim Anderson $175.00 4 $700.00
Support Staff $125.00 4 $500.00
Staff Travel $1,250.00
Misc. Expenses $150.00
Sub-Total $4,710.00
Level of
Exercise Development Employee Rate Effort Hrs. TOTAL
Project Director David Morris $250.00 10 $2,500.00
Associate Director Joe Nassar $185.00 6 $1,110.00
Senior Technician Mark Minc $185.00 10 $1,850.00
Senior Technician Kim Anderson $175.00 9 $1,575.00
Su ort Staff $125.00 6 $750.00
Staff Travel $1,310.00
Misc. Ex enses $205.00
Sub-Total $9,300.00
TOTAL $14,010.00
PROJECT 11
Level of
Exam Administration Employee Rate Effort Hrs. TOTAL
Project Director David Morris $250.00 2 $500.00
Associate Director Joe Nassar $185.00 1 $185.00
Senior Technician Mark Minc $185.00 2 $370.00
Senior Technician Kim Anderson $175.00 2 $350.00
Support Staff $125.00 6 $750.00
Staff Travel $2,500.00
Misc. Expenses $275.00
Assessor Travel If requested b City Estimated $6,940.00
Admin fee 15% If requested by City Estimated $1,041.00
Sub-Total $12,911.00
Level of
Scoring and Reporting Employee Rate Effort Hrs. TOTAL
Project Director David Morris $250.00 1 $250.00
Associate Director Joe Nassar $185.00 1 $185.00
Senior Technician Mark Minc $185.00 1 $185.00
Senior Technician Kim Anderson $175.00 1 $175.00
Support Staff $125.00 5 $625.00
Staff Travel $2,500.00
Misc. Expenses $215.00
Sub-Total $4,135.00
TOTAL $17,046.00
PSA City of FW and Morris&McDaniel,Inc.(Execution copy 6/9/14)
PROJECT III
Exam Administration Employee Rate Level of Effort Hrs. TOTAL
Project Director David Morris $250.00 2 $500.00
Associate Director Joe Nassar $185.00 1 $185.00
Senior Technician Mark Minc $185.00 2 $370.00
Senior Technician Kim Anderson $175.00 2 $350.00
Support Staff $125.00 4 $500.00
Staff Travel $2,250.00
Misc. Expenses $275.00
Assessor Travel If requested by City Estimated $6,940.00
Admin Fee 15% If requested by City Estimated $1,041.00
Sub-Total $12,411.00
Scoring and Reporting Employee Rate Level of Effort Hrs. TOTAL
Project Director David Morris $250.00 1 $250.00
Associate Director Joe Nassar $185.00 1 $185.00
Senior Technician Mark Minc $185.00 1 $185.00
Senior Technician Kim Anderson $175.00 1 $175.00
Support Staff $125.00 5 $625.00
Staff Travel $2,500.00
Misc. Expenses $240.00
Sub-Total $4 160.00
TOTAL $16,571.00
PSA City of FW and Morris&McDaniel,Inc.(Execution copy 6/9/14)
Exhibit D
FO R riv WO R T H.,
PURCHASING DIVISION
REQUEST FOR PROPOSALS (RFP)
for
POLICE CAPTAIN ASSESSEMENT CENTER
RFP No.14-0076
Issued. February 05,2014
PROPOSAL SUBMISSION DEADLINE:
**** Thursday,March 6,2014 by 1:30PM Local Time *******
NO LATE PROPOSALS WILL BE ACCEPTED
RESPONSES SHALL BE DELIVERED TO: RESPONSES SHALL BE MAILED TO:
CITY OF FORT WORTH PURCHASING DIVISION CITY OF FORT WORTH PURCHASING DIVISION
LOWER LEVEL LOWER LEVEL
1000 THROCKMORTON STREET 1000 THROCKMORTON STREET
FORT WORTH,TEXAS 76102 FORT WORTH,TEXAS 76102
Pre-Proposal Conference will be held: NAME AND ADDRESS OF COMPANY
SUBMITTING PROPOSAL:
Wednesday, February 12,2014 at 2:00 P.M. (Local Time)
at the Purchasing Department's Large Purchasing
Conference Room,Lower Level, City Hall, 1000
Throckmorton Street, Fort Worth, Texas 76102
FOR ADDITIONAL INFORMATION
REGARDING THIS RFP PLEASE CONTACT: Contact Person:
Darian Gavin, Contract Compliance Specialist Title:
Darian.Gavin @FortWorthTexas.gov
Phone: ( )
RETURN THIS COVER SHEET WITH Fax: ( )
RESPONSE TO:
Email:
Darian Gavin, Contract Compliance Specialist
Contract Compliance Signature:
Purchasing Division Printed Name:
1000 Throckmorton Street,Lower Level
Fort Worth,Texas 76102
Will contract be available for Cooperative Agreement use? (See Section 27, page 7)Yes No
Acknowledgment of Addenda: #1 #2 #3 #4 #5
Request for Proposals
The City of Fort Worth (City) invites firms to participate in our Request for Proposals (RFP) for
professional services related to the creation and administration of a Police Captain Assessment Center.
The successful Contractor will provide the City's Human Resources Department, in coordination with the
Police Department, an assessment center process for the Rank of Police Captain.
1.0 SUBMISSION OF PROPOSALS
1.1 One (1) original, six (6) copies, and one (1) CD or flash drive of all Proposal documents
shall be submitted in sealed packages. Proposer's name and address should be marked on
the outside of the envelope. Facsimile transmittals or offers communicated by telephone
will not be accepted or considered. Proposal information that is not submitted in sealed
packages will not be considered.
1.2 Mail or Deliver Responses to the Following Address:
City of Fort Worth
Purchasing Division
1000 Throckmorton Street,Lower Level
Fort Worth, Texas 76102
2.0 DELIVERY OF PROPOSALS
Proposals must be received in the City's Purchasing Division no later than 1:30 p.m., March 6,
2014. The submitting Proposer is responsible for the means of delivering the proposals to the
location listed in paragraph 1.2 on time. Delays due to any instrumentality used to transmit the
Proposals including delay occasioned by the Proposer or the City of Fort Worth's internal mailing
system will be the responsibility of the Proposer. Proposals must be completed and delivered in
sufficient time to avoid disqualification for lateness due to difficulties in delivery. The time and
date stamp clock in City of Fort Worth (City) Purchasing Division is the official clock for
determining whether submittals are submitted timely. Late Proposal documents will not be
accepted under any circumstances.
3.0 PROPRIETARY INFORMATION
3.1 If a Proposer does not desire proprietary information in the Proposal to be disclosed, it
is required to identify all proprietary information in the Proposal. This identification will
be done by individually marking each page with the words "Proprietary Information" on
which such proprietary information is found. If the Proposer fails to identify proprietary
information, it agrees that by submission of its Proposal that those sections shall be
deemed non-proprietary and made available upon public request.
3.2 Proposer's are advised that the City, to the extent permitted by law, will protect the
confidentiality of their Proposals. Proposer shall consider the implications of the Texas
Public Information Act, particularly after the RFP process has ceased and the Contract
has been awarded. While there are provisions in the Texas Public Information Act to
protect proprietary information, where the Proposer can meet certain evidentiary
standards, please be advised that a determination on whether those standards have been
met will not be decided by the City of Fort Worth, but by the Office of the Attorney
General of the State of Texas. In the event a request for public information is made, the
RFP No. 14-0076,Police Captain Assessment Center,Page 2 of 26
City will notify the Proposer, who may then request an opinion from the Attorney
General pursuant to 552.305, Texas Government Code. The City will not make a request
of the Attorney General.
4.0 COMPLETION OF RESPONSES
4.1 Information presented in the Proposals will be used to evaluate the professional
qualifications of the Proposer(s) and to determine the Proposer(s) which will be selected
to provide professional services to the City.
4.2 Responses shall be completed in accordance with the requirements of this RFP.
Statements made by a Proposer shall be without ambiguity, and with adequate
elaboration,where necessary,for clear understanding.
4.3 Proposals shall be limited to a maximum of twenty five(25) 8-1/2"X 11"pages(one side
only and including cover letter) using a font size no smaller than 11 point and one inch
margins.
5.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA
5.1 Any explanation, clarification, or interpretation desired by a Proposer regarding any part
of this RFP must be requested from Darian Gavin, Contract Compliance Specialist, at
least fifteen (15)days prior to the published submission deadline, as referenced in Section
2.0 of this RFP.
5.2 If the City, in its sole discretion, determines that a clarification is required, such
clarification shall be issued in writing. Interpretations, corrections or changes to the RFP
made in any other manner other than writing are not binding upon the City, and Proposers
shall not rely upon such interpretations, corrections or changes. Oral explanations or
instructions given before the award of the Contract are not binding.
5.3 Requests for explanations or clarifications may be faxed to the City of Fort Worth at
(817)392-2057 or emailed to Darian.Gavin@fortworthtexas.gov. Emails and Faxes must
clearly identify the RFP Number and Title.
5.4 Any interpretations, corrections or changes to this RFP will be made by addendum. Sole
issuing authority of addenda shall be vested in the City of Fort Worth Purchasing
Division. Proposers shall acknowledge receipt of all addenda within the responses.
6.0 WITHDRAWAL OF PROPOSALS
A representative of the company may withdraw a Proposal at any time prior to the RFP
submission deadline, upon presentation of acceptable identification as a representative of such
company.
7.0 AWARD OF CONTRACT
7.1 It is understood that the City reserves the right to accept or reject any and all Proposals
and to re-solicit for Proposals, as it shall deem to be in the best interests of the City of
Fort Worth. Receipt and consideration of any Proposals shall under no circumstances
obligate the City of Fort Worth to accept any Proposals. If an award of contract is made,
RFP No. 14-0076,Police Captain Assessment Center,Page 3 of 26
it shall be made to the responsible Proposer whose Proposal is determined to be the best
evaluated offer taking into consideration the relative importance of the evaluation factors
set forth in the RFP.
7.2 The City reserves the right to award a single contract or multiple contracts by section
listed in the Scope of Work.
7.3 Tentative Schedule of Events
RFP Release Date Wednesday, February 5, 2014
Pre-Proposal Conference Wednesday,February 12,2014,2:00 PM(CST)
Deadline for Questions Thursday, February 20, 2014, 5:00 PM(CST)
Proposals Due Date Thursday, March 6, 2014 by 1:30 PM(CST)
Evaluation Selection Friday,March 07,2014 through March 14,2014
Contract Negotiations Friday,March 14, 2014 through March 24, 2014
City Council Consideration Tuesday,April 1,2014
Notice to Proceed(anticipated) Wednesday,April 2,2014
Assessment Center Complete Tuesday September 30, 2014
8.0 PERIOD OF ACCEPTANCE
Proposer acknowledges that by submitting the Proposal, Proposer makes an offer that, if accepted
in whole or part by the City, constitutes a valid and binding contract as to any and all items
accepted in writing by the City. The period of acceptance of proposals is one hundred and eighty
(180)calendar days from the date of opening, unless the Proposer notes a different period.
9.0 TAX EXEMPTION
The City of Fort Worth is exempt from Federal Excise and State Sale Tax;therefore,tax must not
be included in any contract that may be awarded from this RFP.
10.0 COST INCURRED IN RESPONDING
All costs directly or indirectly related to preparation of a response to the RFP or any oral
presentation required to supplement and/or clarify a Proposals which may be required by the City
shall be the sole responsibility of and shall be borne by the participating Proposers.
11.0 NEGOTIATIONS
The City reserves the right to negotiate all elements that comprise the successful Consultant's
response to ensure that the best possible consideration be afforded to all concerned.
12.0 CONTRACT INCORPORATION
The contract documents shall include the RFP, the Response to the RFP, the City's Professional
Services Agreement (Attachment B to this RFP) and such other terms and conditions as the
patties may agree.
RFP No. 14-0076,Police Captain Assessment Center,Page 4 of 26
13.0 NON-ENDORSEMENT
If a Proposal is accepted, the successful Proposer, hereinafter "Contractor," shall not issue any
news releases or other statements pertaining to the award or servicing of the agreement that state
or imply the City of Fort Worth's endorsement of the successful Proposer's services.
14.0 UNAUTHORIZED COMMUNICATIONS
After release of this solicitation, Proposers' contact regarding this RFP with members of the RFP
evaluation, interview or selection panels, employees of the City or officials of the City other than
the Purchasing Manager, the Minority and Women-owned Business Enterprise (MWBE) Office,
or as otherwise indicated is prohibited and may result in disqualification from this procurement
process.No officer, employee, agent or representative of the Proposers shall have any contact or
discussion, verbal or written, with any members of the City Council, members of the RFP
evaluation, interview, or selection panels, City staff or City's consultants, or directly or indirectly
through others, seek to influence any City Council member, City staff, or City's consultants
regarding any matters pertaining to this solicitation, except as herein provided. If a representative
of any Proposers violates the foregoing prohibition by contacting any of the above listed parties
with whom contact is not authorized, such contact may result in the Proposers being disqualified
from the procurement process. Any oral communications are considered unofficial and non-
binding with regard to this RFP.
15.0 PROPOSAL EVALUATION PROCESS
15.1 An evaluation committee will evaluate the responses to this Request for Proposals, may
interview one or more firms, and may recommend one or more firms to the City
Manager. Selection of a firm may be made without discussion with Proposers after
proposals are received. Proposals should, therefore, be submitted on the most favorable
terms.
15.2 The City's evaluation panel will review all responsive submittals and select the best
evaluated proposals for further interview.
15.3 The City anticipates selecting Proposer(s) that will be recommended to the City Council
for award of a contract to provide the requested professional services to the City of Fort
Worth,
15.4 The City reserves the right to reject any or all proposals.
16.0 PROPOSAL EVALUATION FACTORS
16.1 Overall development and implementation strategy for 15 points available
the Police Captain's Assessment center.
16.2 Prior experience and demonstrated success developing 10 points available
and implementing Police Assessment Centers.
16.3 Overall development and implementation strategy for initial 10 points available
orientation, and first and subsequent assessor and participant
orientations.
RFP No. 14-0076, Police Captain Assessment Center,Page 5 of 26
16.4 Experience and demonstrated success 10 points available
in providing continuously unique assessment modules.
16.5 Demonstrated measurable success in 10 points available
assisting employers in identifying better-prepared
leaders and supervisors.
16.6 Provide your strategy for and/or proven success in 10 points available
eliminating or minimizing any disparate impact of the
proposed Assessment Center process.
16.7 Availability and experience of proposed staff 5 points available
(capacity to deliver the required services)
16.8 Cost 30 points available
17.0 GENERAL PROVISIONS
The Contractor may not assign its rights or duties under an award without the prior written
consent of the City of Fort Worth. Such consent shall not relieve the assignor of liability in the
event of default by its assignee.
18.0 ERRORS OR OMISSIONS
The Contractor will not be allowed to take advantage of any errors or omissions in this RFP.
Where errors or omissions appear in this RFP, the Contractor shall promptly notify the City of
Fort Worth Purchasing Division in writing of such error or omission it discovers. Any significant
errors, omissions or inconsistencies in this RFP are to be reported no later than ten (10) days
before time for the RFP response is to be submitted.
19.0 TERMINATION
19.1 If this award results in a contract, it shall remain in effect until the contract expires,
delivery and acceptance of products and/or performance of services ordered or terminated
by the City within a thirty (30) day written notice prior to cancellation. In the event of
termination, the City of Fort Worth reserves the right to award a contract to next lowest
and best Contractor as it deems to be in the best interest of the City of Fort Worth.
19.2 Further, the City of Fort Worth may cancel this contract without expense to the City in
the event that funds have not been appropriated for expenditures under this contract. The
City of Fort Worth will return any delivered but unpaid goods in normal condition to the
Contractor.
20.0 TERMINATION,REMEDIES,AND CANCELLATION
Right to Assurances. Whenever the City has reason to question the Contractor's intent to perform,
the City may demand that the Contractor(s) give written assurances of Contractor's intent to
perform. In the event such a demand is made, and no assurance is given within ten (10) calendar
days,the City may treat this failure as an anticipatory repudiation of the contract.
RFP No. 14-0076,Police Captain Assessment Center,Page 6 of 26
21.0 CHANGE ORDERS
No oral statement of any person shall modify or otherwise change or affect the terms, conditions
or specifications stated in the resulting contract. All change orders to the contract will be made in
writing by the City of Fort Worth's Financial Management Services Department and approved by
City Council if the dollar amount is over$50,000.00.
22.0 VENUE
The agreement(s) will be governed and construed according to the laws of the State of Texas.
The agreement(s) is (are) performable in Tarrant County, Texas. Venue shall lie exclusively in
Tarrant County,Texas.
23.0 CONFLICT OF INTEREST
No public official shall have interest in this contract, in accordance with Vernon's Texas Codes
Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
24.0 INSURANCE
The Contractor shall carry insurance in the types and amounts for the duration of this agreement
as listed in the Professional Services Agreement, Attachment B to this RFP, and furnish
certificates of insurance along with copies of policy declaration pages and policy endorsements as
evidence thereof.
25.0 CONTRACT CONSTRAINTS AND CONDITIONS
25.1 All services shall be provided in accordance with applicable requirements and ordinances
of the City of Fort Worth, laws of the State of Texas, and applicable federal laws.
25.2 The Contract(s) awarded from this RFP shall be executed for a one-year initial term with
options for up to four(4) one-year renewals at the City's sole discretion.
26.0 INVOLVEMENT OF MINORITY AND BUSINESS ENTERPRISES(MBE)
A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office, in accordance with the M/WBE or BDE
Ordinance, because the application of the provisions of this ordinance will impose an economic
risk on the City or unduly delay acquisition of the goods or services.
27.0 COOPERATIVE PURCHASING
27.1 Should other governmental entities decide to participate in this contract, Proposers, shall
indicate in their proposals whether they agree that all terms, conditions, specification, and
pricing would apply.
27.2 If the successful Proposer agrees to extend the resulting contract to other governmental
entities, the following will apply: Governmental entities within utilizing Contracts with
the City of Fort Worth will be eligible, but not obligated, to purchase material/services
under this contract(s) awarded as a result of this solicitation. All purchases by
governmental entities other than the City of Fort Worth will be billed directly to that
RFP No. 14-0076,Police Captain Assessment Center,Page 7 of 26
governmental entity and paid by that governmental entity. The City of Fort Worth will
not be responsible for another governmental entity's debts. Each governmental entity will
order its own material/services as needed
28.0 PAYMENT
All payment terms shall be"Net 30 Days"unless otherwise specified in the proposal.
28.1 Service provider shall invoice no more frequently than monthly for services provided.
28.2 Invoices shall be submitted to the Fort Worth Police Department, Attention: Police
Department Assistant Director of Finance and Personnel, 350 West Belknap Street, Fort
Worth, Tx 76102, copy to Fort Worth Human Resources Department, Attention: Director
over Classification and Compensation, 1000 Throckmorton Street,Fort Worth,Tx 76102.
28.3 Successful proposers are encouraged to register for direct deposit payments prior to
providing goods and/or services using the forms posted on the City website at
http://www.fortworthtexas.g_ov/finance.
29.0 BACKGROUND
In accordance with current Meet and Confer Agreement between the City of Fort Worth and the
City of Fort Worth Police Officer's Association, the City's Human Resources Department, in
coordination with the Police Department have agreed to hire a consultant to develop an
assessment center process in advance of the need to create an eligibility list for a promotional
rank of Captain using an assessment center process.
In accordance with the terms of the Meet and Confer Agreement, the portions of the assessment
center that require verbal communication from the Officer, such as Structured Interviews, Role-
Playing, Oral Presentation, etc., will be video recorded. An individual candidate may review, but
may not copy, their recorded video responses on a single occasion after executing a
confidentiality/non-disclosure form. The Association shall be entitled to meet with the test
designer to review statistical test evaluations, outcomes and methodology, which shall include the
materials associated with assessor training and performance, and any candidate orientation
materials. After such meeting, if the Association raises a concern about failure to comply with the
provisions of this Agreement, they may request access to the video recorded assessments, which
shall be considered by the Chief.
30.0 SCOPE OF WORK
The City is seeking a Consultant who will provide the following services to the City. These
services can be considered as three separate but connected projects, each with its own timeline for
completion.
Project I Create Assessment Center*
Project II Administer the Assessment Center Process*
Project III Possible Administration of Future Assessment Center Processes*
*See sections below
RFP No. 14-0076,Police Captain Assessment Center,Page 8 of 26
Project I
303 Creation of the Police Captains Assessment Center
The Contractor shall develop the assessment center based on the professional guidelines
for assessment centers advocated by the American Psychological Association and in
accordance with the federal Uniform Guidelines on Employee Selection Procedures
(UGESP). The Contractor will work with the City to ensure that the assessment center
exercises are developed in a manner that will result in the least amount of adverse impact
possible.
30.1.1 The Contractor shall make all final decisions concerning the design and
implementation of the assessment center.
30.1.2 The Contractor shall provide an initial Assessment Center Orientation in a video
or PowerPoint presentation format to selected City employees. This presentation
can include"mock"or sample versions of assessment modules.
30.1.3 The Contractor shall also select the assessors who shall meet the
following criteria:
30.1.3.1 Hold a rank equivalent to that of Captain, or above;
30.1.3.2 Shall not reside in the City of Fort Worth;
30.1.3.3 Shall not be related within the second degree to any candidate for
promotion;
30.1.3.4 Shall not personally know any candidate for promotion;
30.1.3.5 Shall have at least two(2)years of experience in the rank being
assessed or an equivalent rank; and
30.1.3.6 Shall not be a current or former employee of the City,Department
or any other entity legally related to or controlled by the city of
Fort Worth.
30.1.4 The Contractor will utilize, as appropriate, the following types of exercises
typically found in assessment centers:
30.1.4.1 In-Basket
30.1.4.2 Problem Solving/Analysis
30.1.4.3 Written and Oral Resumes/Structured Interviews
30.1.4.4 Role-Playing
30.1.4.5 Memo/Report Writing
30.1.4.6 Oral Presentation/Plan Preparation
RFP No. 14-0076,Police Captain Assessment Center,Page 9 of 26
30.1.4.7 Staff Meeting
30.1.4.8 Special Event/Operations.
30.1.5 The Contractor may utilize other types of assessment exercises or methods if
there is documented research on the validity of the exercise or method for use
with assessing the rank of Captain,or equivalent rank.
30.1.6 The Contractor will have responsibility or oversight of the following
administrative functions:
30.1.6.1 Collect data on the essential job duties of the tested rank for test and
exercise development.
30.1.6.2 Develop an assessment center based on the essential job functions of
the tested rank, including the above-referenced exercises.
30.1.6.3 Document that selection devices are valid and reliable measurement
instruments and that acceptable and legally defensible statistical
methods were used.
30.1.6.4 Conduct any necessary transportability studies for use of standard
assessment exercise or methods for use with the tested rank.
30.1.6.5 Provide any documentation or research supporting the validity of the
exercises or methods used.
30.1.6.6 Provide an Administrator's manual to the HR department.
30.1.6.7 Provide guidance on the selection of assessors.
30.1.6.8 Conduct or provide a training manual for training assessors to
objectively evaluate candidate performance or behavior and rate
candidates on the appropriate rating scales.
30.1.6.9 Provide rating scales and criteria for evaluating candidates on the
appropriate assessment dimensions and a methodology to combine
assessment center scores to place candidates on a rating scale with
100 points.
30.1.6.10 Conductor provide materials and information for an orientation to
the assessment center process for candidates.
30.1.6.11 Provide guidance or conduct any other administrative function deemed
necessary to insure the fairness or efficiency of the assessment
process.
30.1.7. The Assessment Center plan must be completed and submitted by September
30, 2014.
RFP No. 14-0076, Police Captain Assessment Center,Page 10 of 26
PROJECT II
30.2 Administration of Initial Assessment Center
The Contractor will administer the Assessment Center Process based on times, dates and
locations as predetermined by the HR and Police Department. The Contractor and the
selected assessors will available in a timely manner to administer all exercises related to a
given promotional exam. The Contractor shall also:
30.2.1 Conduct an initial Assessment Center Orientation in a video or PowerPoint
presentation format to selected City employees. This presentation can include
"mock"or sample versions of assessment modules.
30.2.2 Discuss event-specific, planned exercises, scenarios and modules only the HR
and the Police Department staff assigned to administration of the Assessment
Center process.
30.2.3 Meet with designated members of the Police Officers Association, along with the
HR and Police Department staff assigned to administration of the Assessment
Center, to review statistical test evaluations, outcomes and methodology, which
shall include the materials associated with assessor training and performance, and
any candidate orientation materials.
30.2.4 Video all applicant participation in all assessment center testing modules. These
videos should be provided to HR at the conclusion of all testing.
30.2.5 Provide the HR Department an overall summary report of all materials,
methodologies, and exercises, and the individual module scores and final scores
for all candidates involved in the respective assessment center process.
30.2.6 Document and prepare a comprehensive summary report with a final
grade for each participant in an assessment center process. This report shall
be in such a format so that HR and assigned Police Department City staff
can discuss the final results with the participant.
30.2.7 If necessary, an assessment center will be revised by Contractor or Consultant if
the revision involves removing unnecessary exercises or adjusting rating scales.
30.2.8 Document that the selection devices used are valid and reasonable
measurements with regard to the transportation study and the Federal
Uniform Guidelines on Employee Selection Procedures (UGESP).
30.2.9 Provide any documentation and testimony to appear in court or before any
regulatory authorities or bodies to provide any testimony as an expert
witness in conjunction with any challenges, appeals, suits,grievances which
might arise from providing the proposed services.
30.2.10 Defend and/or represent the City and testify on the City's behalf if any
claims or allegations are made regarding the services provided including,
but not limited to,the validity of test battery or evaluations methods or
results.
RFP No. 14-0076,Police Captain Assessment Center,Page 11 of 26
30.2,11 Research and investigate to insure that all tests,procedures, results, and
interpretations are valid, reliable, cross cultural,and legally defensible for
the purposes used.
30.2.12 Document that the entire selection process is valid and meets all required
criteria.
PROJECT III
30.3 All requirements for Project II are required for Project III with the exception of the
Requirement to conduct the initial assessment center orientation referenced in
section 30.2.1.
30.3.1 Cost
Please provide a detailed price proposal which includes:
1. Flat-fee for completing Project I $
(Assessment Center)
2. Flat-fee for completing Project II $
(Administer the Initial Assessment Center Process)
3. Per person fee for completing Project II $
(Possible Future Assessment Center Process)
4. Flat-fee for completing Project III $
5. Per person assessed Flat-fee for completing Project III $
30.3.2 Describe how your team developed the quoted fees for the Project. Define the
general conditions and associated range of cost, policies, contingencies and
expenses, expected staffing necessary to complete the project within the
established timelines and whether you offer discounts for prompt payment.
RFP No. 14-0076,Police Captain Assessment Center,Page 12 of 26
REFERENCE SHEET
Please Complete and Return This Form with the bid
The Proposer shall furnish, with the RFP, the following information, for at least three (3) recent
references to whom products and/or services have been provided that are similar to those required by this
RFP.
1. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number( )
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number( )
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number( )
RFP No. 14-0076,Police Captain Assessment Center,Page 13 of 26
ATTACHMENT A
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who
contracts or seeks to contract for the sale or purchase of property, goods, or services with a local
governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ
("Questionnaire") the person's affiliation or business relationship that might cause a conflict of
interest with the local governmental entity. Bylaw, the Questionnaire must be filed with the Fort
Worth City Secretary no later than seven days after the date the person begins contract
discussions or negotiations with the City, or submits an application or response to a request for
proposals or bids, correspondence, or another writing related to a potential agreement with the
City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The
form is also available at http://www.ethics.state.tx.us/forms/CIQ.pd
you have any questions about compliance,please consult your own legal counsel.
Compliance is the individual responsibility of each person or agent of a person who is
subject to the filing requirement.An offense under Chapter 176 is a Class C
misdemeanor.
RFP No. 14-0076,Police Captain Assessment Center,Page 14 of 26
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Date Received
Government Code by a person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code.
An offense under this section is a Class C misdemeanor.
1. Name of person doing business with local governmental entity.
2. ❑ Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority
not later than September 1 of the year for which an activity described in Section 176.006(a),Local
Government Code, is pending and not later than the 7th business day after the date the originally filed
questionnaire becomes incomplete or inaccurate.)
3. Describe each affiliation or business relationship with an employee or contractor of the local
governmental entity who makes recommendations to a local government officer of the local
governmental entity with respect to expenditure of money.
4. Describe each affiliation or business relationship with a person who is a local government
officer and who appoints or employs a local government officer of the local governmental entity
that is the subject of this questionnaire.
RFP No. 14-0076, Police Captain Assessment Center,Page 15 of 26
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
5. Name of local government officer with whom filer has affiliation or business relationship.
(Complete this section only if the answer to A,B,or C is YES.)
This section, item 5 including subparts A, B, C&D, must be completed for each officer with whom the
filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income
from the filer of the questionnaire?
❑ Yes ❑ No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction
of the local government officer named in this section AND the taxable income is not from the local
governmental entity?
❑ Yes ❑ No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
❑ Yes ❑ No
D. Describe each affiliation or business relationship.
6. Describe any other affiliation or business relationship that might cause a conflict of interest.
7.
Signature of person doing business with the governmental entity Date
RFP No. 14-0076,Police Captain Assessment Center,Page 16 of 26
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation
situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Susan Alanis,
its duly authorized Assistant City Manager, and ("Contractor"), a
Corporation and acting by and through its duly authorized
each individually referred to as a "party" and collectively referred to as the
"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—Statement of Work plus any amendments to the Statement of Work
3. Exhibit B—Payment Schedule
4. Exhibit C—Network Access Agreement
5. Exhibit D—Signature Verification Form
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes.
In the event of any conflict between the documents,the terms and conditions of this Professional Services
Agreement shall control.
1. SCOPE OF SERVICES.
Contractor hereby agrees to provide the City with professional consulting services for the
purpose of(description of scope of services). Attached hereto and incorporated for all purposes incident
to this Agreement is Exhibit "A," Statement of Work, more specifically describing the services to be
provided hereunder.
2. TERM.
This Agreement shall commence ("Effective Date") and shall expire on
unless terminated earlier in accordance with the provisions of this Agreement. The
City shall have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions,for up to [Insert any available options]
3. COMPENSATION.
The City shall pay Contractor in accordance with the hourly rate of Contractor personnel who
perform services under this Agreement in accordance with the provisions of this Agreement and the
Payment Schedule attached as Exhibit"B,"which is incorporated for all purposes herein; however,total
payment made under this Agreement by the City for all services shall not exceed
$ Contractor shall not perform any additional services for the City not
specified by this Agreement unless the City requests and approves in writing the additional costs for such
RFP No. 14-0076,Police Captain Assessment Center,Page 17 of 26
services. The City shall not be liable for any additional expenses of Proposer not specified by this
Agreement unless the City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice.
The City or Contractor may terminate this Agreement at any time and for any reason by
providing the other parry with 30 days' written notice of termination.
4.2 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 Contractor 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 the City of any kind whatsoever, except as to the portions
of the payments herein agreed upon for which funds have been appropriated.
4.3 Breach.
Subject to Section 29 herein, either party may terminate this Agreement for breach of
duty, obligation or warranty upon exhaustion of all remedies set forth in Section 29.
4.4 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the City
shall pay Contractor for services actually rendered up to the effective date of termination and
Contractor shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination. Upon termination of
this Agreement for any reason, Contractor shall provide the City with copies of all completed or
partially completed documents prepared under this Agreement. In the event Contractor has
received access to City information or data as a requirement to perform services hereunder,
Contactor shall return all City provided data to the City in a machine readable format or other
format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of
this Agreement,contractor hereby agrees immediately to make full disclosure to the City in writing.
5.2 Confidential Information. Contactor, for itself and its officers, agents and employees,
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 prior written approval of the City.
5.3 Unauthorized Access. Contractor 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. Contractor shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been compromised, in which event,
Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
RFP No. 14-0076, Police Captain Assessment Center,Page 18 of 26
identifying what information has been accessed by unauthorized means and shall fully cooperate with
the City to protect such information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Contractor agrees that the 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 of the Contractor involving transactions relating to this Contract at no additional cost to the
City. Contractor agrees that the City shall have access during normal working hours to all necessary
Contractor 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 Contractor reasonable
advance notice of intended audits.
Contractor further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
payment of the subcontract, 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 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.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor 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 the City. Subject to and in accordance with the conditions and provisions of this
Agreement, Contractor 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. Contractor acknowledges that the doctrine of respondeat superior shall
not apply as between the City, its officers, agents, servants and employees, and Contractor, its officers,
agents, employees, servants, contractors and subcontractors. Contractor further agrees that nothing
herein shall be construed as the creation of a partnership or joint enterprise between City and
Contractor. It is further understood that the City shall in no way be considered a Co-employer or a Joint
employer of Contractor or any officers, agents, servants, employees or subcontractors of Contractor.
Neither Contractor, nor any officers, agents, servants, employees or subcontractors of Contractor shall
be entitled to any employment benefits from the City. Contractor 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 subcontractors.
8. LIABILITY AND INDEMNIFICATION.
A. LIABILITY - CONTRACTOR 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 CONTRACTOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
RFP No. 14-0076,Police Captain Assessment Center, Page 19 of 26
ADDITIONALLY, CONTRACTOR SHALL BE LIABLE FOR AND RESPONSIBLE
FOR DEFENDING THE CITY AGAINST ANY AND ALL CLAIMS AGAINST THE
CITY OF DISCRIMINATION IN CONNECTION WITH THE DEVELOPMENT,
ADMINISTRATION OR DISPARATE IMPACT OF THE ASSESSMENT CENTER
UNDER TITLE VII; THE AMERICANS WITH DISABILITIES ACT, AS
AMENDED; THE AGE DISCRIMINATION IN EMPLOYMENT ACT; THE TEXAS
COMMISSION ON HUMAN RIGHTS ACT; AND THE TEXAS LABOR CODE.
B. INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES
TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO PROPOSER'S BUSINESS AND ANY RESULTING LOST
PROFITS); PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OR DISCRIMINATION, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR
OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS,AGENTS,
SERVANTS OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
Contractor 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 Contractor under
which the assignee agrees to be bound by the duties and obligations of Contractor under this
Agreement. The Contractor and Assignee shall be jointly liable for all obligations of the
Contractor under this Agreement prior to the effective date of the assignment. If the City grants
consent to a subcontract, the subcontractor shall execute a written agreement with the Contractor
referencing this Agreement under which the subcontractor shall agree to be bound by the duties
and obligations of the Contractor under this Agreement as such duties and obligations may apply.
The Contractor shall provide the City with a fully executed copy of any such subcontract.
10. INSURANCE.
Contractor 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:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by the Contractor, its employees, agents,
representatives in the course of the providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned
RFP No. 14-0076,Police Captain Assessment Center,Page 20 of 26
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of
$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
(d) Professional Liability(Errors &Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the
contractual agreement and for two (2) years following completion of services
provided. An annual certificate of insurance shall be submitted to the City to
evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name the
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 the City of Fort Worth.
(c) A minimum of Thirty (30) days notice of cancellation or reduction in limits of
coverage shall be provided to the City. Ten (10) day's notice shall be acceptable
in the event of non-payment of premium.Notice shall be sent to the Risk
Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102,
with copies to the 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.
RFP No. 14-0076,Police Captain Assessment Center,Page 21 of 26
(e) Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with any
work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS.
Contractor agrees that in the performance of its obligations hereunder, it will 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 the City notifies Contractor of any violation of such laws,
ordinances,rules or regulations, Contractor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor'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 Contractor, its personal representatives, assigns, subcontractors or successors
in interest, Contractor agrees to assume such liability and to indemnify and defend the City and hold the
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 the CITY: To Contractor:
City of Fort Worth
Attn: Susan Alanis,Assistant City Manager
1000 Throckmorton Street
Fort Worth TX 76102-6311
Facsimile: (817)392-8654
With Copy to the City Attorney
At same address
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Contractor 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,
RFP No. 14-0076,Police Captain Assessment Center,Page 22 of 26
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, the City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of the City or Contractor 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
Contractor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
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 MAJEURE.
The City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20. 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 party shall not be employed in the interpretation of this Agreement or exhibits hereto.
RFP No. 14-0076, Police Captain Assessment Center,Page 23 of 26
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
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
Contractor, 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.
Contractor warrants that its services will be of a professional 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 Contractor's option, Contractor
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 the City to Contractor for the nonconforming services.
26. NETWORK ACCESS.
If Contractor, and/or any of its employees, officers, agents, servants or sub-contractors (for
purposes of this section "Contractor Personnel"), requires access to the City's computer network in order
to provide the services herein, Contractor shall execute and comply with the Network Access Agreement
which is attached hereto as Exhibit"C" and incorporated herein for all purposes.
28. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which
includes provisions addressing employment eligibility, employment verification, and nondiscrimination.
Contractor shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Contractor shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees, and
upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Contractor shall establish appropriate procedures
and controls so that no services will be performed by any employee who is not legally eligible to perform
such services. Contractor shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Contractor shall indemnify City from any penalties
or liabilities due to violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
RFP No. 14-0076, Police Captain Assessment Center,Page 24 of 26
29. INFORMAL DISPUTE RESOLUTION.
Except in the event of termination pursuant to Section 4.2, if either City or Contractor has a claim,
dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that
arises under this Agreement,the parties shall first attempt to resolve the matter through this dispute resolution
process. The disputing party shall notify the other party in writing as soon as practicable after discovering the
claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons
for such dispute. Within ten (10) business days of receipt of the notice, both parties shall commence the
resolution process and make a good faith effort, either through email, mail, phone conference, in person
meetings, or other reasonable means to resolve any claim,dispute,breach or other matter in question that may
arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60)
days of the date of receipt of the notice of the dispute,then the parties may submit the matter to non-binding
mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in
accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable
rules governing mediation then in effect.The mediator shall be agreed to by the parties. Each party shall be
liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs
of the mediation. If the parties cannot resolve the dispute through mediation,then either party shall have the
right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact
that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution
process,the parties agree to continue without delay all of their respective duties and obligations under this
Agreement not affected by the dispute. Either party may, before or during the exercise of the informal
dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining
order or preliminary injunction where such relief is necessary to protect its interests.
30. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. This Agreement and any
amendment hereto, may be executed by any authorized representative of Contractor whose name,title and
signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit
I'D" and incorporate herein by reference. Each party is fully entitled to rely on these warranties and
representations in entering into this Agreement or any amendment hereto.
31. 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 the City fi•om 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,
Contractor 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 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.
[SIGNATURE PAGE FOLLOWS]
RFP No. 14-0076, Police Captain Assessment Center,Page 25 of 26
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this day
of , 2014.
Title:
ACCEPTED AND AGREED: Date:
CITY OF FORT WORTH: ATTEST:
By:
By:
Susan Alanis
Assistant City Manager
Date:
ATTEST:
By:
City Secretary
APPROVED AS TO FORM AND
LEGALITY:
By:
Senior Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
Date Approved:
ORGANIZATION:
By:
Name:
RFP No. 14-0076, Police Captain Assessment Center,Page 26 of 26