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HomeMy WebLinkAboutContract 36105 i'Y SECRETARYrD CONTRACT NO. STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § SERVICES AGREEMENT FOR A WORKPLACE ASSESSMENT AND SUPERVISORY TRAINING PROGRAM FOR THE WATER DEPARTMENT This agreement ("Agreement"), is made between the City of Fort Worth, Texas, a home rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "City", and International Ford Group, L.L.C., hereinafter called "IFG" IFG and City may be referred to herein individually as a party or collectively as the parties. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenant and agree as follows: Section 1. The Scope of Services In consideration for, and subject to, the mutual undertakings set forth herein, IFG agrees to provide the Services described in this Agreement and as outlined in Exhibit A, "Scope of Services", attached hereto. Section 2. Term and Termination The term of this Agreement shall begin on the date it is fully executed by both parties and shall terminate upon completion of the Scope of Work, as determined by the City or within one year, whichever is sooner. City may terminate this Agreement for any reason, at any time, with or without cause, or for the convenience of the City by ten(10) days' notice in writing to IFG. Upon the receipt of such notice, IFG shall immediately discontinue all services and work in connection with the performance of this Agreement. If the City terminates this Agreement for convenience pursuant to this Section, the City shall pay IFG for services actually and satisfactorily performed in accordance herewith prior to such termination, in accordance with a final statement submitted by IFG documenting the performance of such work. IFG shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. City may terminate this Agreement upon a material breach of the Agreement by IFG that has not been cured within thirty (30)days following its receipt of written notice of such breach. This Agreement may be terminated by IFG upon a material breach of the Agreement by City (including without limitation failure to pay all fees and expenses when due) which has not been cured within thirty (30) days following its receipt of written notice of such breach. IFG&CFW Water Department CRL 11.05,07 Page I of 5 Section 3. Fees and Expenses. Invoicing and Payment For and during the term of this Agreement, the City will pay IFG the Fees specified on Exhibit B hereto ("Time Frame/Budget Required") based on the completion of all of the services in each step of the fee schedule. In the event the scope of services is modified, the City and IFG shall mutually agree in writing of the cost for such modified services. Total compensation to be paid to IFG under this Agreement shall not exceed Sixty-Seven Thousand and Hundred Dollars ($67,800) unless this Agreement is amended in writing. Section 4. Independent Contractor The relationship of IFG (or any of its officers, directors, or employees)to City (or any of its officers, directors, or employees) is intended to be only that of an independent contractor and service provider and not employee, agent, fiduciary or other similar relationship. The doctrine of respondeat superior shall have no application as to the relationship between IFG and the City. Section 5. Complete Agreement, Governing Law; Venue; Compliance with Laws; No Assignment, Amendment This writing contains the entire agreement of the parties with respect to the matters dealt with herein, supersedes all previous agreements between the parties with respect to the matters dealt with herein, and there are no promises, understandings, or agreements of any kind pertaining to this Agreement other than stated herein. This Agreement will be construed and enforced in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. The parties agree to comply with all provisions of law applicable to this Agreement and the services to be performed hereunder and with all applicable rules, regulations, orders, and directives of all governmental bodies having jurisdiction. IFG may not voluntarily or involuntarily assign its rights or delegate its duties under this Agreement to any person without the prior written consent of the City. This Agreement may be amended only in writing and signed by the parties hereto. Section 6. Insurance IFG shall secure and maintain insurance through an insurance company authorized to write casualty insurance in the City of Fort Worth. Any such policy shall protect IFG and the City from fire and extended coverage losses, and from claims for bodily injury, death or property damage that may arise from performance under this Agreement. All insurance policies must be approved and accepted by the City, and shall name the City of Fort Worth as an additional named insured. The policy shall be issued by a Surety authorized to do business in the State of Texas and have an "A best" rating of at least AA-". IFG will not commence performance under the agreement until it has obtained all insurance IFG&CFW Water Department CRL 11.05.07 Page 2 of 5 required by this Section and filed a certificate of insurance or certified copy of the insurance policy with the City. Each insurance policy will contain a clause providing that the insurance company will not cancel the policy without ten (10) days prior written notice to the City of its intention to cancel. The amount of such insurance coverage will not be less than the following: a. Worker's Compensation and Employer's Liability Insurance (unemployment compensation) as required by the State of Texas. b. Public Liability, Bodily Injury and Property Damage: (I) Injury or death of one or more persons in a single accident-$500,000.00 c. Property damage- $1,000,000.00 Section 7. Indemnity IFG will indemnify, save, and hold.harmless the City, its officers, agents and employees from all claims or damages or injuries sustained by persons or properties that occur as a result of the acts or omissions on the part of the IFG, it's agents or employees in the performance of this Agreement. This indemnification will include, but is not limited to, payment of all costs and reasonable attorney fees. Section 8. Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Section 9. Minority and Women Business Enterprise Participation IFG acknowledges the M/WBE goal established for this contract is twenty percent(20%). Any misrepresentation of facts(other than a negligent misrepresentation) and/or the commission of fraud by IFG may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three(3)years. Section 10. No Third-Party Beneficiaries This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. IFG&CFW Water Depamnent CRL 11.05.07 Page 3 of 5 Section 11. Notices All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail,postage prepaid, or by hand delivery: City: IFG: City of Fort Worth Water Department International Ford Group,LLC. Attn: Director Attn: 1000 Throckmorton Fort Worth, TX 76102 Section 12. Right to Audit IFG 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 any directly pertinent books, documents, papers and records involving transactions relating to this Agreement. IFG agrees that the City shall have access during normal working hours to all necessary IFG facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this Section. The City shall give IFG reasonable advance notice of intended audits. IFG further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultant 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 subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subconsultant reasonable advance notice of intended audits. IFG and subconsultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse IFG and any subconsultants for the costs of copies at the rate published in the Texas Administrative Code. (Remainder of Page Intentionally Left Blank) IFG&CFW Water Department CRL 11.05.07 Page 4 of 5 a T e Agreement set forth herein is hereby agreed to and accepted this ja�d y o 2007. Attest: CITY OF FO T WORTH MAY Hendri Marc Ott City Secretary Assistant City Manager M thorized: - a I0-� A proved as to Form and Legality: Recommended: � Christa R. Lopez �Y& S. Frank Crumb, P.E. Assistant City Attorney Water Director INTERNATIONAL FORD GROUP,LLC By: Title:�� L-`__��__� Witness: By: Printed 1FG 8c CFW _ 1 u ISIS�iy�r �I��1 Water Departrnent CRL,11.05.07 Page 5of5 I WATER DEPARTMENT LEADERSHIP DEVELOPMENT TRAINING AGREEMENT EXHIBIT A SCOPE OF WORK Work Environment Assessment & Development of Training Program Goal: To assess the current workplace environment. To use the results of the assessment to develop a leadership and team building training that will assist leaders and employees in working more productively as a team. To establish good work ethics and relationships that will propel the team to its highest level of customer service. To created a positive work environment that produces superior results. To sustain the results by establishing a long term strategy and plan. Key Components: -Initial meeting with selected leaders -Focus group sessions -Review previous and current training available -On-site visits to determine relevant training needs -Determine knowledge and skill level improvement areas -Determine which learning techniques to apply -Consult with leaders to determine time allocation/scheduling Develop customized content for the following areas: 1. Elements of teamwork 2. Elements of leadership 2. Code of conduct— polic,y review 3. Set departmental standards 4. Appropriate team communication at work 5. Strategy for resolving team conflict 6. Development of an ongoing relationship management strategy 7. Development of a on-going continuous improvement plan Time Frame: The plan is to start the project in November 2007 and complete the work by January 2008 2007. However the time frames can be adjusted by management in order to accommodate work schedules. EXHIBIT B Date Time Frame/Budget Re uired DEVELOPMENT/TRAINING LAB/ENGINEERING LAB/ENG Focus Groups Results: November 2007-January 2008 -Focus Group Results Meeting 2 hours @ 150. $600. (2 consultants) DEVELOPMENT: -Customize Team Building 16 hours @ 150. $2400. (LAB/ENU) Development -Customized Leadership 16 hours @ 150. $2400. (LAB(ENG/) Development TRAINING: Supervisor Training Session (6) 32 hours @ 150. $4800. (LAB/ENG) (2 days/2 instructors) Team Building Session #1 (15) 32 hours @ 150 $4800. -Technical/Quality/Operations (2 days/2 instructors) Team Building Session #2 (15) 32 HOURS @ 150 -TechnicaVQuality/Operations (2 days/2 instructors) $4800. Mana ement Coaching 10 hours @ 150 $1500. TOTAL LAB/ENGINEERING $21,300. DEVELOPMENT/TRAINING FIELD OPERATIONS FOCUS GROUPS: November 2 7-January 2008 -Group 1 Leaders (SUPT/SUPV) Small Group (30 $600. -Group 2 Employees ill Rodgers) Large Group (120) $1200. -Group 3 Employees (Will Rodgers) Large Group (120) $1200. -Group 4 Employees (Will Rodgers) Large Group (120) $1200. Focus Group Data Input/Analysis 16 hours @ 150 $2400. Final Report Development 10 hours @ 150 $1500. TRAINING: Supervisor Training Session#1(15) 32 hours @150 $4800. (Supt/Supv.) (2 days/2 instructors) Supervisor Training Session#2 (15) 32 hours @ 150 $4800. (Supt/Supv.) (2 days/2 instructors) Team Building Session (30) 32 hours @ 150 (Supt/Supv.) (2 days/2 instructors) $4800. All Employee Team Building Sessions 16 hours @ 150 TOTAL FIELD OPERATIONS (300 employees--10 sessions) (1 day/2 instructors = $24000. $2400 per session x 10 sessions) $46,500. GRAND TOTAL $67,800. Payment terms: 1/3 November 2007 Upon Signing 113 December 2007 December 1,2007 1/3 January 2003 January 1,2003 2 M&C Request Review Page 1 of 2 City of FortWorth Ernpfoyet Intranet wwwcfwneLors •i t. i* t • Print M& COUNCIL ACTION: Approved on 10/30/2007 DATE: 10/30/2007 REFERENCE NO.: **C-22493 LOG NAME: 60TRAINING CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Professional Services Agreement with the International Ford Group, LLC, for a Workplace Assessment and Supervisory Training Program in the Water Department RECOMMENDATION: It is recommended that the City Council authorize the execution of a professional services agreement with th, International Ford Group, LLC, for a workplace assessment and supervisory training program in the Water Department for a compensation amount not to exceed $67,800. DISCUSSION: The International Ford Group has provided diversity training and cultural competency training for the City of Fort Worth in recent years. The training has proven to be invaluable in the Water Department as most employees are keenly aware of the importance of culture in the delivery of services to all segments of the population. Approval of this request for services will enhance lessons learned previously and include specialized training designed specifically for supervisors. Training will be provided for new and inexperienced supervisors as well as experienced supervisors who haven't had the benefit of formal training in supervisory skills. Supervisors will be taught how to communicate management directives effectively, coach subordinates to be self- confident and effective members of the team, and pave the way for change management. Subsequent to the training, supervisors will be better equipped to lead a diverse workforce to great performance amid individual who may be content to remain average. This training will be provided in the Laboratory Services Section and the Field Operations Division. The International Ford Group, LLC, is in compliance with the City's MWBE Ordinance by committing 20 percent MWBE participation. The City's goal on this project is 20 percent. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the operating budget, as appropriated, of the Water Department. TO Fund/Account/Centers FROM Fund/Account/Centers PE45 539120 0607001 $23,250.00 http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-22493 M&C Request Review Page 2 of 2 PE45 539120 0707001 $23,250.00 PE45 539120 0703001 $21,300.00 Submitted for City Manager's Office bv: Marc A. Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Maebell Brown (8144) ATTACHMENTS http://www.cfWnet.org/council_packet/mc review.asp?refnum=C-22493 t t l7hnn�