HomeMy WebLinkAboutResolution - 4707 - Contract - ARA_Human Factors Inc - Job Task Analysis, LFD - 01_12_1995Resolution No. 4707
January 12, 1995
Item #39A
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and ARA/Human Factors, Inc., for a job task analysis for the
Lubbock Fire Department, attached hereto, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 12th day of January 1995.
ATTEST:
&a-'- Joi rlvXL
Betty MI. JohnsrqCitySecretary
APPROVED AS TO CONTENT:
Mary An ews, Managing Director
of Human Resources
APPROVED AS TO FORM:
I-4/a't�aa
arold Wi ard, Assistant Ci Attorney
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January 5, 1995
Resolution No. 4707
January 12, 1995
A ft-,a HUMAN Item #39A
CONTRACT
Agreement is hereby made between the City of Lubbock, Texas and ARA/HUMAN
FACTORS, INC., 15312 Spencerville Court, Burtonsville, MD 20866, (ARA), an
independent contractor, according to the following terms, conditions and provisions:
1. JOB TO BE PERFORMED: ARA will conduct a Job Task Analysis for the
Lubbock Fire Department to validate a physical performance selection instrument to
measure minimum acceptable physical performance for individuals who seek
appointment to entry level and lateral firefighter positions. Client desires that ARA
perform and ARA agrees to perform the services set forth and described in this
document.
2. TERMS OF PAYMENT. The Client shall pay ARA the sum of $10,000 (ten
thousand dollars) plus reasonable and customary travel expenses described below:
The Client will pay $3,000 (three thousand dollars) as a retainer to ARA within seven (7)
days of the execution of the contract. The balance of the contract price shall be paid to
ARA within twenty (20) days upon receipt of the final report by the Client.
3. REIMBURSEMENT OF EXPENSES. The Client shall not be liable to ARA for any
other expenses (other than travel) paid or incurred by ARA unless otherwise agreed in
writing. Minimum travel requirement to complete the project will be one round trip
(air) from Baltimore, MD or Washington, DC to Lubbock, TX and return (two days, one
overnight, a rental car, hotel and reasonable per diem). If client desires, ARA will make
additional trips funded by client.
4. EQUIPMENT, TOOLS, MATERIALS, OR SUPPLIES. ARA shall supply, at
ARA's sole expense, all equipment, tools, materials, and/or supplies to accomplish the
job agreed to be performed. It is strongly recommended that the city procure and
ultimately retain for their own purposes the Keiser Force Machine.
5. FEDERAL, STATE, AND LOCAL PAYROLL TAXES. Neither federal, nor state,
nor local income tax, nor payroll tax or any kind shall be withheld or paid by the Client
on behalf of ARA or the employees of ARA. ARA shall not be treated as an employee
with respect to the services performed hereunder for federal or state tax purposes.
6. CLIENT NOT RESPONSIBLE FOR WORKER'S COMPENSATION. No worker's
compensation insurance shall be obtained by the Client concerning ARA or the
employees of ARA. ARA shall comply with the worker's compensation law concerning
ARA and the employees of ARA.
7. TERM.INATION WITHOUT CAUSE. Without cause, either party may terminate
this agreement after giving 15 days prior written notice to the other of intent to
terminate without cause. The parties shall deal with each other in good faith during the
15 day period after any notice of intent to terminate without cause has been given.
1
i:++ HUMAN
8. TERMINATION WITH CAUSE. With reasonable cause, either party may
terminate this agreement effective immediately upon the giving of notice of termination
of cause. Reasonable cause shall include:
A. Material violation of this agreement
B. Any acts exposing the other party to liability to others for personal injury
or property damage.
C. Quality of work
9. NON -WAIVER. The failure of either party to exercise any of its rights under this
agreement for a breach thereof shall not be deemed to be a waiver of such rights or a
waiver of any subsequent breach.
10. NO AUTHORITY TO BIND CLIENT. ARA has no authority to enter in contracts
or agreements on behalf of the Client. This agreement does not create a partnership
between the parties.
11. DECLARATION BY INDEPENDENT CONTRACTOR. ARA declares that is has
complied with all federal, state and local law regarding business permits, certificates
and licenses that may be required to carry out the work to be performed under this
agreement.
12. HOW NOTICES SHALL BE GIVEN. Any written notice given in connection
with this statement shall be given in writing and shall be delivered either by hand or by
certified mail, return receipt requested, to the party at the party's address stated herein.
13. ASSIGNABILITY. This agreement may not be assigned, in whole or in part, by
ARA.
14. INDEMNIFICATION. ARA agrees to indemnify and hold the client harmless for
any and all claims for damages or injuries proximally caused by any act or omission of
ARA in the performance of this contract.
15. CHOICE OF LAW. Any dispute under this agreement or related to this
agreement shall be decided in accordance with the laws of the State of Texas.
16. ENTIRE AGREEMENT. This is the entire agreement of the parties.
17. SEVERABILITY. If any part of this agreement shall be held unenforceable, the
rest of this agreement will nevertheless remain in full force and effect.
18. AMENDMENTS. This agreement may be supplemented, amended or revised
only in writing by agreement of the parties.
2
HUMAN
t�FOi
For the Client:
Name: V "v
Signat%�
Date
Atte t:
Betty M. Johnson, Jty Secretary
AWro d as to ten
Mary And ws, Director of Human Resources
A p ved as to Fo :
Harold Willard, Assistant City Attorney
For ARA/H'UMAN FACTORS, INC.
January `Y , 1995 k )
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Harry W. Cr ling, Vice Presid t
Dated:_ ___ /� S % 9 c