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HomeMy WebLinkAboutContract 49701 CITY SECRETARY CONTRACT NO.. AGREEMENT THIS AGREEMENT is made and entered into thisay of SPA. , 2017 ("Effective Date"), by and between the City of Fort Worth, Texas, a municip 1 corporation (hereinafter referred to as"City"), and Management Partners, Inc., (hereinafter referred to as "Partners"). RECITALS WHEREAS, City is desirous of improving the efficiency and effectiveness of its operations, and WHEREAS, City desires to engage Partners to assist City as part of the Midwest Benchmarking Partnership Project, and to render certain management and analytical services in connection therewith and Partners is willing to provide such services, and NOW THEREFORE, in consideration of the premises and mutual obligations herein, the parties hereto do mutually agree as follows: 1. Scone of services. Partners shall perform management consulting services (hereinafter referred to as the"Services") in a satisfactory and proper manner in accordance with direction provided by the City's City Manager, or his designee. The services provided will be those described in Attachment A,the Partners proposal to City dated May 15, 2017, which is incorporated for all purposes. 2. Time of Performance. This Agreement shall commence upon the Effective Date of the Agreement,and continue in effect for a period of one (1)year or until such time as Services are completed under this Agreement. The parties may agree in writing to renew the Agreement for one(1)additional year if necessary to complete Services. Services of Partners shall be available upon receipt of an approved copy of this Agreement,and shall be undertaken and completed in accordance with individual project plans of work as to assure their completion in a time frame consistent with the purposes of this Agreement. 3. Comnensation and Method of Payment. Partners will invoice City for $3,975.00 after the Effective Date of this Agreement and $3,975.00 upon completion of the meeting of the managers to discuss the results of data collection an analysis. The total amount of payment in accordance with this Agreement shall not exceed $7,950. No additional costs will be due from City unless agreed to in an Amendment to this Agreement. 4. Independent Partners. Neither Partners nor its employees are considered to be o es of the City, for any purpose whatsoever. Partners is an independent contractor in e p ance of the services herein described. Partners acknowledges that the doctrine of !Npon uperior shall not apply as between the City, its officers, agents, servants and ��C,�' ► ye nd Partners, its officers, agents, employees, servants, contractors and CIO �< o �tr rs. Partners further agrees that nothing herein shah be construed-as' the creation N 5 F�GQ � 4� s OFFICIAL RECORD �6. PS een CFW& Management Partners, Inc. CITY S6CR!"tARY 1 of 6 ford 91 n Copy 9/19/17 FT.WORTH,TX of a partnership or joint enterprise between City and Partners. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Partners or any officers, agents, servants,employees or subcontractors of Partners.Neither Partners, nor any officers, agents, servants, employees or subcontractors of Partners shall be entitled to any employment benefits from the City. Partners 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. 5. Personnel. Partners represents that it has, or will secure at its own expense, all personnel required in performing all of the services required under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the City. All the services required hereunder will be performed by Partners or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. City actively supports the Immigration&Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Partners shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Partners 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. Partners 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. Partners shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Partners 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 Partners. 6. Discrimination Prohibited. In performing the services required hereunder, Partners shall not discriminate against any person on the basis or race, creed,color,religion, sex, national origin or ancestry, familial status, sexual orientation, transgender, gender identity, gender expression, age,physical handicap,or disability as defined in the American with Disabilities Act of 1990, as now enacted or hereafter amended. 7. Reports and Information. At such times and in such forms as City may require, there shall be furnished to City such statements, records,reports, data and information, as City may request pertaining to matters covered by this Agreement. Unless authorized by City,Partners will not release any information concerning the project, including any reports or other documents prepared pursuant to this Agreement. 8. Establishment and Maintenance of Records. Partners shall maintain records in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized by City, such records shall be maintained for a period of three (3)years after receipt of final payment under this Agreement. PSA between CFW&Management Partners, Inc. 2 of 6 Execution Copy 9/19/17 9. Assiunability. Partners shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement(whether by assignment or novation),without the prior written consent of City thereto. 10. Termination for Convenience of City. City may terminate this Agreement at any time by giving at least fifteen (15)days' notice in writing to Partners. If Partners is terminated by City as provided herein, Partners will be paid for the services actually performed to the time of termination, but only up to the total amount provided in section 3 of this Agreement. 11. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 12. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings,oral or written,whether previous to the execution hereof or contemporaneous herewith. 13. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas. 14. Notice. 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: City of Fort Worth With Copy to the City Attorney Attn: City Manager at same address 200 Texas Street Fort Worth TX 76102 Facsimile: (817)392-8966 TO PARTNERS: Management Partners Attn: Gerald E.Newfarmer 1730 Madison Road Cincinnati, Ohio 45206 Facsimile: 513-861-3480 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. Israel. Partners acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. PSA between CFW&Management Partners, Inc. 3 of 6 Execution Copy 9/19/17 The terms"boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Partners certifies that Partners's signature provides written verification to the City that Partners: (1) does not boycott Israel, and(2) will not boycott Israel during the term of the Agreement. 17. Right to Audit. Partners agrees that the City shall,until the expiration of three (3)years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents,papers and records of Partners involving transactions relating to this Agreement at no additional cost to the City. Partners agrees that the City shall have access during normal working hours to all necessary Partners 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 Partners not less than 10 days written notice of any intended audits. Partners 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 not less than 10 days written notice of any intended audits. 18. Disclosure of Conflicts. Partners hereby warrants to the City that Partners has made full disclosure in writing of any existing or potential conflicts of interest related to Partners's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Partners hereby agrees immediately to make full disclosure to the City in writing. 19. INDEMNIFICATION. PARTNERS 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 EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO PARTNERS'S BUSINESS,AND ANY RESULTING LOST PROFITS)PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS,AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF PARTNERS, ITS OFFICERS,AGENTS, SUBCONTRACTORS, SERVANTS OR EMPLOYEES. 20. Insurance. 20.1 Partners shall carry the following insurance coverage with a company that is licensed to do business in Texas or otherwise approved by the City: 1. Commercial General Liability with a combined limit of not less than $1,000,000 per occurrence; PSA between CFW&Management Partners, Inc. 4 of 6 Execution Copy 9/19/17 2. Automobile Liability Insurance with a combined limit of not less than $1,000,000 per occurrence; 3. Professional Liability(Errors & Omissions) in the amount of$1,000,000 per claim and $1,000,000 aggregate limit; 4. Statutory Workers' Compensation and Employers' Liability Insurance requirements per the amount required by statute; and 5. Any other insurance as required by City. 20.2 General Insurance Requirements: 1. 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. 2. The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) in favor of the City. 3. 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, 200 Texas St., Fort Worth, Texas 76102,with copies to the City Attorney at the same address. 4. 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. 5. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 6. Certificates of Insurance evidencing that Partners has obtained all required insurance shall be delivered to and approved by the City's Risk Management Division prior to execution of this Agreement. IN WITNESS WHEREOF, City and Partners have executed this Agreement as of the date first above written. City of Fort Worth,Texas Management Partners,Inc. Z-AP,� (s' nat e) Gerald E.Newfarmer, President& CEO 9/20/17 Title 0� ru ATTEST: Mar Kays r ?(AS City Secretary OFFIPSA between CFW&Management Partners, Inc. RETARD CITY SE 5 of Execution Copy 9/19/17 [T�'SECRETARY FT. WORTH,TX APPROVED AS TO FORM AND LEGALITY: By: Jessica Sangsv Assistant Ci ttorney II Form 1295 Certification No. N/A M&C: No: N/A CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. t Name: Title: P r--)fry&nCt 0- J'311 CUfD - OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX PSA between CFW& Management Partners, Inc. 6 of 6 Execution Copy 9/19/17 Attachment A Management Partners May 15,2017 Mr. Scott Sanders Mr.Troy Schulte City Manager City Manager City of Des Moines City of Kansas City Mr.David Cooke Mr. Robert Layton City Manager City Manager City of Fort Worth City of Wichita Gentlemen: Management Partners is pleased to provide this proposal to assist your four cities in structuring and analyzing services that you have identified as being of particular interest.To get to this point,we facilitated your initial conference call about the approach,requested and summarized your responses identifying services of interest, and held follow-up conversations with the staff contact leader each of you designated to further refine our understanding of your specific areas of interest.In our calls,each reflected excitement about the possibilities for learning and organizational improvement offered by this partnership. Management Partners is well qualified to assist you and your managers in assessing the costs and techniques you use for service delivery, including reference to best practices, to identify opportunities for improvement.We have rich experience in both comparative service delivery analysis and in local government service sharing and organizational improvement.Unlike other performance measurement initiatives we've all participated in,our intent for this work is to set up a true partnership between four cities that can lead to serious organizational development of managers actually involved in leading service delivery.We are excited about the potential for this project and are eager to facilitate learning among your organizations. About Management Partners As you may know,Management Partners was founded in 1994 with a specific mission to help local government leaders improve their service to the public. We are a national consulting firm with offices in Cincinnati, Ohio, and San Jose and Costa Mesa, California.We have a well- established track record of helping public sector organizations throughout the United States, including all of the services provided by cities, counties, towns and special districts at the local level. 1730 MADISON ROAD • CINCINNATI,OH 45206 • 513 8615400 • FAx 513 8613480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET,SUITE 470 • SAN JOSE,CALIFORNIA 95131 • 408 437 5400 • FAx 408 453 6191 3152 RED HILL AVENUE,SUITE 210 • COSTA MESA,CALIFORNIA 92626 • 949 2221082 • FAx 408 453 6191 During our more than 20 years of service,we have earned a national reputation by delivering quality, actionable work products to our clients.We bring extensive experience to this project, along with first-hand knowledge of local government operations.We are distinguished by the fact that each team we assign is led and staffed by associates who have actual experience in direct public service and experience working together as a team.The work we do is not an academic exercise;it is grounded in the real world of customer service and accomplishment in the public sector.As a result, we have a bias for producing value-added work for each client that will be actionable, and will be implemented. The firm is staffed with about 80 professionals who are experienced public service managers as well as qualified management consultants. This group includes generalists as well as subject- matter experts.Our consultants have years of experience working in all aspects of local government management and have built a track record of extraordinary quality service for our clients. Management Partners has worked with a large number of governments in a variety of different circumstances to assist in identifying the true costs of service delivery to enable local governments to take advantage of opportunities for improvement.We have worked with many communities across the country on the idea of service delivery sharing, which often is the stimulus for analyzing comparative service delivery techniques and costs. Project Understanding and Approach Based on our experience and our understanding of your expectations, we have prepared the following plan of work. Activity 1: Start Project Based on the preparatory work to date,we will propose metrics for the services you want to compare,which will comprise the work plan for this first engagement. We intend to identify and define metrics,both standard ones that have appeared elsewhere in various comparative performance measurement initiatives, and others we think appropriate to give everyone a good understanding of results. We will also review relevant publicly available information such as budgets about the services being compared to complement our understanding of the character of the service in each city. We will submit recommended metrics to each city for review,then discuss the results with your project coordinator.We can then finalize and distribute our request for data/information.We know that the effort associated with this work is in addition to the normal work of your organizations and we will be respectful of that reality. Activity 2: Gather Data and Analyze Results Once we have the information you provide in response, we will compile the data in a way that clarifies and simplifies a comparison of service delivery methods and costs.As we compile and normalize the data,we will be looking for differences and similarities that will allow an understanding and comparison in a way that is helpful in making future decisions.By normalizing, we mean to create a common comparative framework for the costs and benefits of each service,to equalize the benefits and actual costs for each.We initiate follow-up inquiries as necessary,obtain supplementary information, analyze the results, and prepare a draft summary. As a result of working with a variety of local governments to help them best use their resources, we have extensive knowledge about best practices in jurisdictions throughout the country.We will combine our own knowledge of local government best practices (including reforms that have been implemented or considered in other cities)with additional research tailored specifically to each program or service.Although there are not established standards for every city function, there are several sources in addition to our own work on which we will draw.Our team also has considerable experience identifying,analyzing and assisting with the application of common measurement data among local governments. Activity 3:Report Results During this activity,we will prepare a document with the results of the comparative analytical work and our analysis for discussion with each city.That information will be reviewed with the project coordinator in each jurisdiction,then finalized in a report that can become the basis of a project review by the city managers. At the project review conference,which may be appropriate to hold in person,we can discuss the next steps in the four-city partnership.A logical next step to anticipate would be to arrange for the managers with responsibility for areas we have studied to meet to add their perspectives and develop action items that could be pursued by each city.This dimension of the partnership offers the best opportunity for genuine organizational development, where functional managers collaborate with their peers who face similar challenges and hear each other's perspectives for ideas to improve operations. In any case, the city managers' project review is contemplated to be the milestone result of this first phase of collaborative work.At the conclusion of that review,Management Partners will prepare a work plan for a second phase for consideration by the leaders. Project Team Management Partners has a strong project team that is well qualified to complete this work for the participating cities.This project will be a top priority for Management Partners and our team members will be available in whatever capacity and with whatever availability will contribute to the success of the project.Jerry Newfarmer will serve as project director and will oversee the substantive work of the project.Kevin Knutson will serve as project manager and will be responsible for the execution of the project.They will be supported by Jacquelyn McCray and Sam Lieberman. The qualifications of each team member are summarized below. Jerry Newfarmer,President and CEO,founded Management Partners in 1994 after many years of public management leadership in California and Ohio.He is a national leader in local government performance management, and he has led his firm to nationally recognized expertise in quality leadership of all forms of local government.Jerry served as city manager in Fresno and San Jose,California;and Cincinnati,Ohio.He was assistant city manager of Oakland,California,which was the chief operating officer role.He has been a key presence in the International City/County Management Association, and was team leader of the State-Local Relations Team of the National Performance Review.He currently serves as Executive Director of the Large Cities Executive Forum, and has received the ICMA designation as a Credentialed Manager. Kevin Knutson,Regional Vice President,has more than 20 years of experience in local government,including ten years in strategic planning,budget,performance measurement, and process improvement and six years in community relations, communications, and citizen engagement.He is recognized as a national expert in local government performance management,long-term financial planning, and communications.He was part of a team that implemented quality management practices in Coral Springs,Florida that led to the City being the first local government to earn the Malcolm Baldrige National Quality Award.Kevin served as interim city manager, assistant city manager, director of the office of management and budget,and director of community relations in Reno,Nevada; and as director of communications and marketing and budget and strategic planning manager for Coral Springs, Florida. He has earned the designation of Credentialed Manager from ICMA and was named the City-County Communications and Marketing Association's 2011 Communicator of the Year. Jacquelyn McCray,Ph.D., Senior Manager,is a professional planner and a certified economic development professional.She has worked on numerous projects involving development review, organizational and workflow analyses,performance measurement, strategic benchmarking and planning,and service sharing.Jacquelyn has expertise in process improvement and re-engineering of local government development review processes involving multiple departments and agencies. She also has excellent interview and facilitation skills, and frequently conducts leadership,employee and stakeholder focus group meetings. Before joining Management Partners,Jacquelyn held positions as a budget analyst,project manager and land- use manager with the City of Cincinnati.After concluding her tenure with Cincinnati, she served as vice chairperson and member of the Cincinnati City Planning Commission for nine years.Jacquelyn is a member of the American Institute of Certified Planners(AICP). Sam Lieberman,Senior Management Advisor,is responsible for conducting complex financial and operational analyses to support many different types of clients including organization reviews, process improvement studies, service sharing projects, and financial planning and budgeting studies. He has helped facilitate strategic planning and process improvement workshops, developed and analyzed strategic planning community input surveys,conducted research and analyses, assisted in the development of performance measurement systems, and directed benchmarking research.He also collects,analyzes, and reports data for the annual Southwest Ohio Fire Benchmarking Project.Recent clients whom he has served include Berkeley,Carson, San Bernardino,Orange County,Santa Clara Valley Water District, and Zone 7 Water Agency in California;Hartford,Mansfield, and New Haven,Connecticut;Kenton County and Florence,Kentucky;Kansas City,Missouri;DeKalb County, Georgia;Pinellas County and Largo,Florida;Phoenix, Arizona;and Hamilton County, Fairfield,Mason, Montgomery, and Westerville,Ohio. Hours and Cost Management Partners anticipates devoting a minimum of 172 hours of our staff time to execute the plan of work described above.The ultimate test of a quality project is that the client is pleased with the results, and we are committed to achieving that goal.The total fixed price cost of this project is$31,800 which would be divided among the four participating governments. To simplify the contracting approach,it may be easiest for each of you to simply issue a purchase order(citing this proposal,if appropriate)that we can invoice against. We would bill one-half of your cost at the outset and one-half upon completion of the meeting of the managers to discuss the results of data collection and analysis. We are excited about the potential of this project. We look forward to discussing our approach and qualifications with you in more detail, and to working with you to make it a success.Please let me know if there is any other information we can provide. Sincerely, Gerald E.Newfarmer President and CEO c: Project Leaders Ms.Laura Graham Ms.Kate Bender Assistant to the City Manager, City of Des Moines Deputy Performance Officer, City of Kansas City Ms.Lynda Johnson Ms. Elizabeth Wadle Chief Performance Officer, City of Fort Worth Senior Budget Analyst,City of Wichita