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HomeMy WebLinkAboutContract 47809 r . Z CITY SECRETAffif MAY 19 V16 CONTRACT NO, C,�YOFFORT L PROFESSIONAL SERVICES CONTRACT This Professional Services Contract ("Contract") is made by the City of Fort Worth, a Texas municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, with its principal location at 1000 Throckmorton Street, Fort Worth, Texas 76102, hereinafter called"City," and Taylor Resource Group, LLC, a Texas limited liability company, with its principal location at 8744 Trinity Vista Trail, Fort Worth,Texas 76053, hereafter called"Contractor." 1. SCOPE OF SERVICES Contractor agrees to provide executive team building workshops for the Fort Worth Police Department Patrol Bureau Command Staff, as more specifically described in the attached "Exhibit A." 2. COMPENSATION The maximum amount to be paid to Contractor for all services performed and expenses incurred hereunder shall not exceed$6,500.00. 3. TERM This agreement shall be effective upon the last date executed by both parties and shall expire upon completion of all services contemplated herein, but not later than June 22, 2016. 4. TERMINATION Either party may terminate this Contract at any time for any reason upon thirty (30) days written notice to the other party. If termination is by the City, upon the receipt of such notice by Contractor, Contractor shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. Contractor shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. City shall pay Contractor for all services rendered through the effective date of termination. 5. LIABILITY; INDEMNIFICATION; RELEASE OF LIABILITY CONTRACTOR SHALL BE LIABILE FOR AND SHALL RELEASE FROM LIABILITY, INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE LIABILITY OR EXPENSE FOR DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY PERSON, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR SUBCONTRACTORS, WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR OR OMISSION BY CONTRACTOR IN THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, OR ANY OF THEM, RESULTING FROM SUCH NEGLIGENT ACT, ERROR OR OMISSION; AND CONTRACTOR SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION THEREWITH RESULTING FROM SUCH NEGLIGENT, ERROR OR OMISSION. CONTRACTOR SHALL NOT BE LIABLE FOR ANY HARM, LOSS OR DAMAGE CAUSED BY THE NEGLIGENT ACTS OR OMISSION OF THE CITY, ITS OFFICERS,AGENTS OR EMPLOYEES. 6. INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Contractor shall have exclusive control of and the exclusive right to control, the details of the work performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Contractor, its agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the City and the Contractor. 7. 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: Coverage and Limits (a) Professional Liability(Errors and Omissions) $1,000,000 Each Occurrence $1,000,000 Aggregate (b) 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 General Requirements (a) All applicable 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 strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. PROFESSIONAL SERVICES CONTRACT Taylor Resource Group,LLC Page 2 of 5 (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 Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. 8. PROHIBITION OF ASSIGNMENT Neither party hereto shall assign, sublet or transfer their interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 9. CHOICE OF LAW; VENUE This Contract shall be construed in accordance with the laws of the state of Texas. Should any action, at law or in equity, arise out of the terms herein, exclusive venue for said action shall be in Tarrant County,Texas. 10. FORCE MAJEURE Neither party shall liable for failure to perform its obligations under this Contract if the performance is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party. 11. CONFIDENTIAL INFORMATION Contractor understands and acknowledges that Contractor will be provided with information that may be confidential by law, rule, statute, ordinance or legal order. Contractor shall not disclose any information deemed confidential to any party who is not privy to or who does not have a special right of access to said information. Contractor agrees to use confidential information for purposes of providing the services contemplated herein only as determined by the City. Disclosure of, or unauthorized use of, any confidential information by Contractor is a material breach of this Agreement. If Contractor violates this provision, and in addition to any other remedies at law or in equity that the City may have, the City may immediately obtain injunctive relief in a court of competent jurisdiction enjoining any continuing or further breaches and exercise any further remedies as authorized by law. Contractor agrees to indemnify and hold the City harmless for any claims or damages caused by Contractor's breach of this confidentiality provision. 12. RIGHT TO AUDIT During the term of this Agreement, and at any time within three (3) years following the expiration of this Agreement, the City shall have the right of access to all information held in the possession of the Contractor related to services performed under this Agreement, for audit purposes or otherwise. Contractor agrees to provide access to such information unless expressly prohibited from doing so by court or other governmental order. Except in the event of an emergency, the City will provide reasonable advance notice of any intended audits and the need for the information. Contractor agrees that it will keep records relating to the services provided hereunder for as long as required by law. PROFESSIONAL SERVICES CONTRACT Taylor Resource Group,LLC Page 3 of 5 13. NOTICES Any notice required to be given hereunder shall be given by certified mail, return receipt to the following addresses: If to City: If to Contractor: City of Fort Worth Taylor Resource Group, LLC Attn:Assistant City Manager Attn: Ray Taylor 1000 Throckmorton Street 8744 Trinity Vista Trail Fort Worth, Texas 76102 Fort Worth,Texas 76053 EXECUTED on this, the day of "lam 2016. ACCEPTED AND AGREED: TA4PresiX OURCE G OUP, LLC TY OF FORT WORTH: IAQ,,i By: By: Nar Valerie Washington Titlt Assistant City Manager Date: S�5' ��Y6 Date: ATTEST- APPR V L CO N D: By: By: Name:G' fdTL1C`e(� Joe itzgerald Title: Cxe�,+ive F}SSiSr1�} '�' Chief of Police A I; ary J. Kayser �IYD . City Secretary l� APPROVED TO RM AND LEGALITY: B'y\, Malesh'a B. Farmer Sr.Assistant City Attorney PROFESSIONAL SERVICES CONTRACT rpt+ Taylor Resource Group,LLC OFFICIAL RECORD Page 4 of 5 CITY SECRETARY FT. WORTH,TX EXHIBIT"A" Taylor Resource Group LLC is submitting a proposal for an Executive Team Building Workshop at the request of Assistant Chief Kenneth Dean from The City of Fort Worth Police Department Patrol Bureau, 505 W Felix St, Fort Worth, TX 76115,817-392-4000 and Kenneth.W.Dean@fortworthtexas.gov. Taylor Resource Group(TRG)is a team of experts who deliver One-on-One Executive Coaching, Team Leadership programs and custom Leadership Program Design and Development. We specialize in helping individuals, teams and organizations achieve their maximum potential with a focus on enhancing and improving critical aspects of leader's business skills and business behavior. Objectives TRG's objective for the FWPD Patrol Bureau Command Staff is building a consistent approach of creating excellence, improving management communication skills, and maximizing the effectiveness of the staff as a team. The program is designed to: • Create learning initiatives that provide the biggest impact on improving team performance • Deliver development initiatives for immediate performance results at all leadership levels • Articulate strategic priorities for the communications skill set of management staff • Support critical initiatives for improved team and department performance It also creates a motivated leadership team with the ability to: • Set a consistent standard of excellence for business behavior throughout the department • Communicate expectations with enhanced precision, clarity and focus • Better manage and contribute more effectively to department objectives • Facilitate improved leadership business behavior in others • Utilize effective communication to develop individual and team productivity • Motivate Command Staff to be accountable for their own and overall department performance • Create a positive impact on the department performance through effective team leadership Session Date and Time • All sessions will take place in the training room provided by the client at the Bob Bolen Public Safety Complex, located at 505 W Felix St, Fort Worth TX 76115. • Each of the five sessions will last a total of 4 hours from 8am to 12pm. • Session dates will be Wednesdays: April 27, 2016 May 11, 2016 May 25, 2016 June 8, 2016 June 22, 2016 Investment • The program investment is$12,000.00 for 3 to 15 participants,with a 45.8% Introductory Training discount agreement between Ray Taylor of Taylor Resource Group LLC and Assistant Chief Kenneth Dean of City of Fort Worth Police Department. Therefore,the discounted cost will be$6500.00. • All pre-work, DISC profiles, materials including textbooks, workbooks and handouts are included. PROFESSIONAL SERVICES CONTRACT Taylor Resource Group,LLC Page 5 of 5