Res 007-82 1/5/1982I
RESOLUTION NO. 7-82
RESOLUTION APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO CONTRACT WITH ADLS
PROFESSIONAL SERVILES, INC. FOR THE
DEVELOPMENT OF AN ENTRY LEVEL FIRE-
FIGHTER SELECTION PROCESS
WHEREAS, the City of Wichita Falls has entered into a contract with ADLS
Professional Services, Inc. for the development of an entry level firefighter
selection process, and
WHEREAS, it is in the best interests of the City to amend this contract for
a variety of reasons including extension of the contract deadline,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute a contract amendment, a copy of
which is attached hereto, with ADLS Professional Services, Inc. , for a variety
of reasons including extension of the contract deadline.
PASSED AND APPROVED this the 5th day of January, 1982.
M A Y O R
ATTEST:
City Clerk
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THE STATE OF TEXAS
COUNTY OF WICHITA
AMENDMENT TO
FIREFIGHTER TEST DEVELOPMENT
CONTRACT
This first amendment to firefighter test development contract made and entered
into this the day of 1982, by and between the City of Wichita
Falls, Texas, hereinafter referred to as City, and ADLS Professional Services, Inc. ,
hereinafter referred to as ADLS,
WITNESSETH:
Whereas, the City and ADLS entered into a firefighter test development contract
dated June 2, 1981, and the parties desire to change such contract to read as
follows,
NOW, THEREFORE, the parties hereto do hereby agree as follows:
SECTION 1. CONTRACT PERIOD.
This contract and agreement shall supercede the contract between ADLS and the
City dated June 2, 1981. This contract shall be effective as of December 31 , 1981
and shall terminate February 28, 1982.
SECTION 2. SCOPE OF SERVICES.
ADLS agrees to provide City with a professionally defensible process for
selection of entry level firefighters through performing the following work
elements.
2. 1. Completing a review of relevant literature. This review shall
provide information on the tasks and duties normally performed
by firefighters, the related knowledges, skills and abilities
required by firefighters. This review shall also include an
evaluation of the validity, reliability, and adverse impact of
alternative selection processes utilized by other municipal
governments or otherwise available.
2.2. Completing a report summarizing and presenting the results of a
job analysis performed on City firefighters. This analysis
shall identify the most important tasks and duties performed
by firefighters and the knowledges, skills, and abilities
required for performance of these tasks.
2.3. Developing a written test, physical agility test, and patterned
panel interview to be used for initial screening of firefighter
applicants. These screening instruments shall he developed
in such a way as to meet the requirements of the Uniform
Guidelines on Employee Selection Procedures.
2.4. Providing technical assistance for purposes of pre-testing
selection procedures. Such assistance shall include aid in
designing the pre-testing process, formatting of testing
results for purposes of data analysis, advice in selecting
appropriate statistical tests to be applied to pre-test data,
and other assistance required by City for purposes of establish-
ing: (a) reliability estimates; (b) a determination of item
difficulty and an item discrimination index; (c) norms, pass
points, and time limits for the testing process.
2.5. Preparing and submitting a plan for subsequent test validation.
This plan shall provide a sufficiently detailed procedure
which City may follow in order to validate the new selection
procedures.
2.6. Limited technical assistance to City in preparation of final
project report and associated documentation. .
SECTION 3. CITY SUPPORT.
The City of Wichita Falls shall perform the following work elements and
provide the following support to ADLS:
3.1. Review and revision, as necessary, of the background pro-
cedures used in screening applicants.
3.2. Preparation of a final report to be submitted to the State of
Texas, Department of Community Affairs.
3.3. Staff support required for the development of written test
questions. Such support will include drafting written
questions to be reviewed by consultant for inclusion in the
written test.
3.4. Administration• of proposed written test for the purpose of
developing data required for purposes outlined in 2.4 above.
3. 5. Provision of such other support to ADLS as ADLS may request
so long as such support is deemed reasonable by City.
SECTION 4. PROJECT SCHEDULE.
ADLS agrees to provide for review by City final drafts of products in
accordance with the following schedule.
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WORK ELEMENT DUE DATE
Revised Literature Review 2-01-82
Job Analysis Report 1-15-82
Written Test, Strength and Agility Test, Patterned
Panel Interview 2-01-82
Technical Assistance in Administering and
Evaluating Pre-test 2-22-82
Plan for Test Validation - 2-22-82
Time is of the essence in completing these work elements.
City project leader will review final draft products for acceptability.
Should revisions be required, the City project leader will inform ADLS of such
within five (5) working days of receipt of the final draft. Should ADLS and
City project leaders disagree on the need for or extent of revisions, the
disagreement will be referred to the City Manager of the City of Wichita Falls.
The determination of the City Manager shall be conclusive on both parties.
SECTION 5. CONTRACT EXTENSION.
The termination date of this contract may be extended for a maximum period of
30 days. Such extension shall be granted only upon approval by the Texas Department
of Community Affairs. Should such an extension be approved, ADLS and City must
jointly agree to any revisions in the project schedule as shown in SECTION 4 above.
SECTION 6. PROJECT LEADERS.
ADLS designates Dr. Rod Cannedy as Project Leader. City designates
Edward A. Barrett, Director of Administrative Services, as Project Leader. All
correspondence and contacts between ADLS and City shall be directed to these
individuals or their designees.
SECTION 7. PAYMENT.
Total contract amount is amended from $17,500 to $14,758. Total payment
by City to ADLS shall not exceed $14,758. ADLS additionally agrees that City
payments of $7 ,258 which have been made to date have satisfied all City financial
obligations to ADLS for work performed by ADLS during the period from June 2, 1981
to December 31, 1981.
Remaining payments, not to exceed $7,500, shall be made by City upon
satisfactory completion of the contracted work elements. The payment schedule
shall be as follows:
3-
WORK ELEMENT COI[PLETED PAYMENT
Revised Literature Review 750
Job Analysis Report 2,000
Written Test, Strength and Agility Test,
Patterned Panel Interview 2,500
Technical Assistance in Administering and
Evaluating Pre-test 1,000
Plan for Test Validation 500
The City shall retain $750 of the total contract amount. This amount shall
be payable upon full and satisfactory completion of all elements of the contract
for which ADLS is responsible. Final payment shall be contingent upon a determina-
tion by the City Manager that all elements of the contract have been satisfactorily
completed. Such determination shall be made within 30 days of contract termination
and shall be conclusive upon ADLS.
SECTION 8. METHOD OF BILLING AND PAYMENT.
ADLS hereby authorizes City to make payment directly to Dr. Rod Cannedy.
Invoices prepared by Dr. Cannedy must be submitted to City with final drafts
of work products and in the amounts shown above in Section 7,. Payment shall be
made by City within 30 days of City acceptance of completed work elements.
SECTION 9. TERMS AND CONDITIONS OF STATE OF TEXAS, DEPARTMENT OF COMMUNITY
AFFAIRS.
ADLS agrees to abide by all terms and conditions required of subcontractors
by the City's contract with the Texas Department of Community Affairs.
Specifically, ADLS agrees to abide by the principles stated in the "Conflict
of Interest" and "Nepotism" provisions, a copy of which is attached hereto as
Exhibit "A", and which are expressly incorporated herein and made a part of this
agreement.
SECTION 10. EFFECTIVE DATE.
The parties hereto agree that this amendment shall become effective this
31st day of December, 1981.
SECTION 11. TERMINATION.
City may terminate this contract at any time in the event that the Texas
Department of Community Affairs notifies City that the Department of Community
Affairs is exercising its right to terminate City's contract. In no event
shall City be liable to ADLS for expenses incurred after the termination date.
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Should City terminate this contract, City shall reimburse ADLS for work performed
prior to termination date, but not yet completed, based on the percentage of the
work completed and the payment schedule shown in Section 7. City project leader
shall determine, based on a review of work in progress, the percentage of the task
which has been completed. Such determination shall take place within 10 days of
contract termination. Should ADLS project leader disagree, appeal may be made to
the City Manager whose determination shall he conclusive.
SECTION 12. RETURN OF DOCUMENTS.
ADLS agrees to return to City all job analysis questionnaires completed by
City staff on or before termination date of this contract.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed as of the day and year first above written.
CITY OF WICHITA FALLS, TEXAS
BY:
Stuart A. Bach, City Manager
ATTEST:
City Clerk
ADLS PROFESSIONAL SERVICES, INC.
BY:
Marilyn M. Smith, President
APPROVED AS TO FORM
City Attorney
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EXHIBIT "A"
CONFLICT OF INTEREST
A. The Contractor covenants that neither it nor any employee or member of its
governing body presently has any interest or shall acquire any interest,
direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this contract.
The Contractor further covenants that in the performance of this contract
no person having such interest shall be employed or appointed as a member
of its governing body.
B. The Contractor shall establish and enforce safeguards to prevent members
of its governing body or its staff members, subcontractors, or employees
from using their positions for a purpose that is or gives the appearance
of being motivated by desire for private gain for themselves, or others,
particularly those with which they have family, business, or other ties.
C. No officer, member, or employee of Department or Contractor and no member
of their governing bodies, and no other public official of the governing
body of the State or locality or localities in which the contract is
being carried out who exercises any functions or responsibilities in the
review or approval of the undertaking or carrying out of this contract shall
1) participate in any decision relating to this contract which affects his
personal interest or the interest of any corporation, partnership, or associa-
tion in which he has a direct or indirect interest; or (2) have any interest,
direct or indirect, in this contract or the proceeds thereof.
NEPOTISM
A. Neither the contractor nor any of its subcontractors shall hire any person
in an administrative capacity or staff position funded under this contract
if a member of such person's immediate family is employed in an administrative
capacity for the Contractor or any of its subcontractors.
1. For the purposes of this Section, the term "member of the immediate
family" includes: wife, husband, son, daughter, mother, father,
brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-
in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew,
stepparent, stepchild, grandfather, grandmother, grandson, and
granddaughter.
2. For the purposes of this Section, the term "administrative capacity"
includes those persons who have overall administrative responsibility
for the activities and performances funded under this contract, in-
cluding all elected and appointed officials who have any responsi-
bility for the obtaining of and/or approval of this contract, as well
as other officials who have influence or control over the administra-
tion of the activities or performance funded under this contract, such
as the project director, deputy director, or any persons having selec-
tion, hiring, placement, or supervisory responsibilities for the
activities and performances funded under this contract.
3. For the purpose of this Section, the term "staff position" means any
employment or position funded under this contract.
B. The Contractor assures that it shall in no way exercise its authority
in the performance of this contract to confer any monetary or other
benefit arising directly or indirectly from this contract upon any member
of the immediate family of persons employed in an administrative capacity
for the Contractor or any of its subcontractors.
C. The Contractor assures that it shall in no way exercise its authroity in
the performance of this contract in a manner that would violate the state
law relating to nepotism (Article 5996a, Tex. Rev. Civ. Stat. Ann.) .
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