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HomeMy WebLinkAboutContract 27047 CITY SECRETARY CONTRACT NO. G' STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTIES OF TARRANT § AND DENTON CONTRACT FOR PROFESSIONAL CONSULTING SERVICES This contract is made by the City of Fort Worth, Texas, a municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City", and Public Strategies, Inc., a Minnesota corporation doing business in Texas, hereinafter called "Consultant",both parties acting herein by and through their duly authorized representatives: 1. Scope of Services. In accordance with the highest professional standards, Consultant agrees to provide consultation services to assist the City in improving their Performance Managementprocesses and transition into a High Performance Organization. The specifics of such consultation services are listed in Attachment "A," provisions extracted from the July 30, 2001 proposal letter from Jeff Zlonis. Public Strategies. Inc., to Paul Sweitzer, Assistant to the City Manager, and the additional August 15. 2001 MWBE letter attached hereafter and incorporated into this agreement hereby. 2. Compensation: a. The amount to be paid to consultant for all services performed hereunder shall be Eighty Nine Thousand Five Hundred ($89,500)dollars,hereinafter"Consultant's Fee",which shall include all expenses incurred by Consultant. �(l` . .. .. i U'eJ0 ` N, a. b. It is understood that this Contract contemplates the provision of full and complete consulting services for this project, including any and all necessary changes or contingencies to complete the work as outlined in the Scope of Work, Attachment A. 3. Term. The term of this Contract shall commence upon date of full execution by City and Consultant shall terminate the 31 st day of May, 2002, unless terminated earlier as provided herein. 4. Termination. a. City may terminate this Contract at any time for any cause by notice in writing to Consultant. Upon the receipt of such notice, Consultant 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. If the City terminates this Contract under this Section 4.a., the City shall pay Contractor for services actually performed in accordance herewith prior to such termination, less such payments as have been previously made, in accordance with a final statement submitted by Consultant documenting the performance of such work. b. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder. City will notify Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. City has infonned Consultant that, CIO CNV R'CUIL5U11 1'1�11Y concurrently with approval of this Contract, City intends to appropriate 100% of the funds specified in this Contract, so that all funds will be budgeted and appropriated prior'to the commencement date of this Contract. C. Upon termination of this Contract for any reason,Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Contract. 5. Indemnification. a. Consultant shall 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 Consultant or subcontractors, which may arise out of any negligent act, error or omission in the performance of Consultant's professional services. Consultant 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 shall pay all expensesand satisfy all judgments which may be incurred by or rendered against them or any of them in connection therewith resulting from such negligent act, error or omission. 5. Insurance. a. Consultants shall not commence work under this Contract until it has obtained all insurance required under this section and until such insurance has been approved by the City, nor, if applicable.shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City. b. Workers' Compensation Insurance. If required by law. Consultant shall take out and maintain during the life of this Contract statutory Workers' Compensation Insurance for ail of its © ��OU QI( o UV�J�-�YY9��� employees performing any of the services hereunder, and, in case any work is sublet, Consultant shall require the subcontractor similarly to provide Workers' Compensation Insurance for an of the latter's employees unless such employees are covered by the protection afforded by Contractor's insurance. In case any class of employee who engages in hazardous work under this Contract is not protected under the Workers' Compensation statute,Consultant shall provide and shall cause each subcontractor to provide adequate and suitable insurance for the protection of employees not otherwise protected. C. Public Liability and Property Damage Insurance. Consultant shall take out and maintain during the life of this Contract such public liability and property damage insurance as shall protect Consultant and any subcontractor performing work covered by this Contract from claims for personal injuries,including death, as well as from claims for property damages or losses which may arise from operations under this contract, whether such operations be by Consultant or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows: (1) Public Liability Insurance. In an amount no less than Two Hundred Fifty Thousand Dollars($250,000)for injuries,including accidental death,to any one person; and subject to the same limit for each person, in an amount not less than Five Hundred Thousand Dollars ($500.000) on account of one accident, (2) Property Damage Insurance. In an amount not less than Five Hundred Thousand Dollars ($500,000); (3) Umbrella Policy. In an amount not less than Two Million Dollars($2,000,000); 05 FFV i, sA; CUQDD d. Proof of Insurance Coverage. Contractor shall furnish the City with a certificate of insurance as proof that it has obtained for the duration of this Contract the insurance amounts required herein. Consultant's insurance policy shall provide that the insurer shall give the City thirty (3 0) days' prior written notice before altering, modifying or terminating the insurance coverage. 7. Independent Contractor. Consultant shall perform all work and services hereunder as an independent contractor and not as an officer. agent or employee of the City. Consultant 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 officers.agents,employees and subcontractors. Nothing herein shall be construed as creating apartnership or joint venture between the City and the Consultant. its officers,agents,employees and subcontractors;and the doctrine of respondeat superior shall have no application as between the City and the Consultant. 8. Disclosure of Conflicts. Consultant warrants to the City of Fort Worth that it has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Contract. 9. 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 any directly pertinent books.docume t ., . _ . . p L'o U'n"II:tlYU� Y{7L'�lo l papers and records of the consultant involving transactions relating to this Contract. 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 the expiration of three (3)years after final payment under the subcontract,have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions 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 advance notice of intended audits. 10. Prohibition of Assignment. Neither party hereto shall assign,sublet or transfer its 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. 11. M/WBE Goals; Nondiscrimination. a. Consultant acknowledges its commitment to meet or make"good faith"effort to meet the City of Fort Worth's goals for Minority/Women-owned Business Enterprises (M/WBE) participation in Citv contracts. Failure to comply may result in the Consultant being classified as nonresponsive and being barred from City work for a period of not less than six months. Consultant �o Usti tlYU' �ISWo agrees to furnish documentation of NVWBE participation such as canceled checks, etc., or such evidence as may be deemed proper by the City of Fort Worth. The M/WBE goal for this project has been set at 10%. b. As a condition of this Contract, Consultant covenants that it will take all necessary actions to insure that, in connection with any work under this Contract, Consultant, its associates and subcontractors,will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color,religion,national origin, age, sex, sexual orientation or disability unrelated to job performance, either directly, indirectly or through contractual or other arrangements. 12. Choice of Law; Venue. a. This Contract shall be construedin accordance with the internal law of the State of Texas. b. Should any action,whether real or asserted, at law or in equity,arise out of the terms of this contract, venue for said action shall be in Tarrant County, Texas. EXECUTED on this, the day of , 20,0/ . 1'7, Contra pt-ALthori zation Date ATTEST: CITY OF FORT WORTH City Secretary Approved as to form and legality: r Public Strategies, Inc. (f-City Attorney BY: TITLE:_ 6�i t f O' J"'J 145 X130 lo MCI�L G��COQD CR OEM R. 1717oU`_ O TEX City of Fort Worth, Texas "agor And Council communieniflon DATE REFERENCE NUMBER LOG NAME PAGE 8/28/01 C-18724 02REVIEW 1 of 2 SUBJECT AWARD OF CONTRACT TO PUBLIC STRATEGIES GROUP, INC. FOR A PERFORMANCE MANAGEMENT STUDY OF THE CITY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of$89,500 with Public Strategies Group, Inc. to conduct a Performance Management review of the City of Fort Worth. DISCUSSION: The City of Fort Worth, with an estimated population of 540,391, is growing rapidly. At present, the City employs approximately 5,470 employees to serve its citizens. The City will continue to grow both in population and geographic area. In order to handle such change, the City must continue its transition to becoming a High Performance Organization. Public Strategies Group, Inc. proposes to assist the City of Fort Worth in this transition by conducting a Performance Management review that will include: a) Conduct a performance management orientation to provide management employees throughout the City with an overview of the processes and terminology of performance management and performance measurement; and b) Perform a diagnostic appraisal by collecting information and identifying strategic opportunities for change in Fort Worth city government; and c) Facilitate a retreat of key leaders in Fort Worth city government to reach agreement on change strategies to improve service to citizens; and d) Draft an Action Plan for change; and e) Provide assistance in implementation (if needed). At the August 14, 2001 City Council Workshop, the City Manager informed the Council that Public Strategies Group, Inc. was chosen for this project after extensive consideration and review of several other consulting groups. The firm has a proven track record in Performance Management processes. In recent years they have successfully conducted similar studies in the cities of Carrollton, Texas, Hartford, Connecticut, Indianapolis, Indiana, Pasadena, California, Richmond, Virginia, and Columbus, Ohio. Their proposed team for Fort Worth has been thoughtfully selected for their tremendous experience in creating high performance teams in local government. A M/WBE - Public Strategies Group, Inc. is in compliance with the City's M/WBE Ordinance by committing to 10% M/WBE participation. The City's goal on this project is 10%. City of Fort Worth, Texas "avow and coun"K Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/28/01 C-18724 02 REVIEW 2 of 2 SUBJECT AWARD OF CONTRACT TO PUBLIC STRATEGIES GROUP, INC. FOR A PERFORMANCE MANAGEMENT STUDY OF THE CITY OF FORT WORTH FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available for the current operating budget of the General Fund. Funds were not budgeted for this expenditure. The department is projected to exceed the appropriation and this will further increase the projected overage. MG:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPRO'V IEAD'(� Mike Groomer 6140 CITY COUNCIL Originating Department Head: AUG 28 2001 Tom Higgins 6192 (from) GG01 539120 0905500 $89,500.00 ` Additional Information Contact: City secratary of tba City of Fort Word:,T Ardina Washington 8003