Loading...
HomeMy WebLinkAboutContract 36989 `r` SECRETARY3j�)(24 COI TRACT NO. J STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT, entered into the 8th day of April, 2008 by and between the City of Fort Worth, a home-rule municipal corporation of Tarrant, Denton, Parker, and Wise Counties, Texas ("City") acting herein by and through Karen L. Montgomery, its duly authorized Assistant City Manager/CFO and The Waters Consultant Group, Inc., an independent contractor, acting by and through Rollie O. Waters, its duly authorized President, hereinafter called"Consultant". City and Consultant may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 SERVICES Section 1. Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Sunset Reviews for the Municipal Courts and Housing Departments ("Project"). Section 2. Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. ARTICLE 2 COMPENSATION Consultant shall be compensated a lump sum fee not to exceed $120,000 ($65,000 for the Municipal Courts review and $55,000 for the Housing Department review in accordance with Attachment "A". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment"A". The Consultant shall provide monthly invoices to the City. Payment for services due within thirty (30) days of the uncontested performance of the �R_ 04-1 8-08 P02: 15 IN particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made. including any act or omission of the City in connection with such services. ARTICLE 3 TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. ARTICLE 4 INDEPENDENT CONTRACTOR Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. ARTICLE 5 PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1. Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. Section 2. In this connection, Consultant shall indemnify, hold harmless and defend the City and its officers, agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons of whatsoever kind or character, including but not limited to employees of Consultant, employees of subcontractors, and all other persons performing work incident to this Agreement which may rise out of or be connected with directly or indirectly with h s Agreement. Consultant shall likewise indemnify, and hold harmless. ,�LJ L=�� '1 V V , q, 0 City for any and all injury or damage to City property arising out of, or in connection with, any and all acts or omissions of Consultant, its officers, agents, employees or subcontractors. ARTICLE 6 INSURANCE Section 1. Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1.000,000 each occurrence $1,000,000 aggregate Automobile Liability $1.000.000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee Section 2. Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers. employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the City of Fort Worth, Attention: Bridgette Garrett. Sunset Review Director, 1000 Throckmorton Street, Fort Worth, TX 76102. prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. � 9 d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy ternls or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. ARTICLE 7 TRANSFER OR ASSIGNMENT City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. ARTICLE 8 o l TERMINATION OF CONTRACT Section 1. City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter Section 2. If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. Section 3. All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. ARTICLE 9 RIGHT TO AUDIT (a) Consultant 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 of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (b) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant 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 Consultant and any subconsultant reasonable advance notice of intended audit. (c) Consultant and subconsultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. °rc ARTICLE 10 MINORITY AND WOMAN BISUNESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE"') in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant 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. ARTICLE 11 OBSERVE AND COMPLY Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers. agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE 12 VENUE AND JURISDICTION 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. This Agreement shall be construed in accordance with the laws of the State of Texas. ARTICLE 13 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. ARTICLE 14 SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentences o aph, section or other part of this Agreement or the application thereof to ;� j'any l c rcumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason,the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. ARTICLE 15 NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Bridgette Garrett, Sunset Review Director 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: The Waters Consulting Group, Inc. Attn: Rollie O. Waters, President 5050 Quorum Drive, Suite 625 Dallas, Texas 75254 ARTICLE 16 HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement ARTICLE 17 COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. (Remainder of Page Intentionally Left Blank) IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County. Texas. CITY OF FORT WORTH: CONSULTANT: The Waters Consulting Group, Inc. Karen L. Montgomery Assistant City Manager/CFO Rollie O. Waters President RECOMMENDED: Bridge to Garrett Sunset Review Director APPROVED AS TO FORM AND LEGALITY: Amy J. se Assista City Attorney ATTEST: Contract Authorization Marty Hendrix If.1 City Secretary Date Date i ��'� �� ?•, o^ Authorization: C-22753, April 8,2008 v c-!i a.�lilJ�� YL�ive ATTACHMENT "A" N11THE `'WATERS CONSULTING GROUP, INC. March 19,2008 Ms. Bridgette Garrett Sunset Review Director City of Fort Worth/City Manager's Office 1000 Throckmorton St. Fort Worth,Texas 76102 (Transmitted via email to: Bridaette.Garrettna,fortworthaov.or7) Dear Ms. Garrett: Thank you for the opportunity to submit this letter describing our approach in assisting the City of Fort Worth in its Sunset Review strategy for the departments of Housing and Municipal Court. After you have had a chance to review the attached, we will look forward to discussing it with you in greater detail. Please let me know if I can provide any additional information. Best Regards, Dal Anderson (via electronic signature) !a 1� � ,gip Rj� 2� j o I THE WATERS CONSULTING GROUP,INC. PRODUCTIVE MANAGEMENT CONCEPTS 5050 Quorum Drive.Suite 625,Dallas.Texas 75254 972/481/1950 972/481/1951(Fax) Aw".NNatersconsulting.com MARCH 19,2008 CITY OF FORT WORTH,TEXAS SUNSET REVIEW PROPOSAL OVERVIEW OF THE ASSIGNMENT The Waters Consulting Group, Inc. (WCG)proposes to conduct a Sunset Review focused on two key departments within the City: Housing and Municipal Court. In an effort to evaluate the effectiveness of the Department's operations and to examine opportunities for improvements in productivity, efficiency and reduction in costs,the City desires to retain an outside consultant to conduct a review of the operations similar to the State of Texas Sunset Review process. The City desires this review to be completed by June 30,2008, The firm, in this capacity,recommends that it serve as the agent to conduct this review process. Execution of the Sunset Review is proposed to occur in four phases per each department;Initial Project Strategy and Planning;Performance and Productivity Review; Technology and Technical Process Review;and Recommendations, Reporting and Review. Each phase is detailed below. Elements of the State Sunset Review process are incorporated into this proposal where applicable. Process steps are,however, custom designed to most effectively represent the scope of this project and provide appropriate review by the City. Methodologies include comprehensive information gathering including but not limited to a Self Evaluation Report(SER)from the respective operating department;employee focus groups;and survey of customers,interest groups and relevant agencies. Sunset Review criteria are recommended to provide a consistent and objective standard for evaluation. Upon completion of the Sunset Review process,the City will have a thorough assessment of operations necessary for decisions to maintain, improve,reduce or eliminate certain administrative functions and services in order to reduce costs. The Sunset Review processes outlined in this proposal represent a framework and methodology that is appropriate for a Citywide Sunset Review process. OUR PROPOSED APPROACH PHASE I-INITIAL PROJECT STRATEGY AND PLANNING WCG proposes to conduct this project in a phased approach,allowing the City to control the extent of the review and the cost of each step in the project. Each phase will include a specific work plan describing the activities to be conducted and the level of outside resources and City staff involvement required. Given the project scope and desired completion date,these phases will run concurrently requiring overlapping activity across both departments. This initial phase will involve discussions between WCG and City staff members,potentially including the City Manager, Director of Sunset Review and others as appropriate,to clarify the work plan, specify discrete areas for exploration and develop a preliminary schedule for the project. Other information that may be requested by WCG during this phase may include,but is not limited to: • Management and activity reports; • Organization charts and roster information; • Job descriptions for positions in the department; • Departmental mission,purpose and strategic planning information; ep�" l erformance measures and performance reports; Citizen co-nip] rots and requests for service; ATTACHME\T"A"-PAGE 2- Lo U 9 8-T WATERS CONSULTING GROUP,INC. PRODUCTIVE-MANAGEMENT CONCEPTS MARCH 19,2008 CITY OF FORT WORTH, TEXAS SUNSET REVIEW PROPOSAL • Selected incident reports(to be determined jointly with the City representative); • Departmental policy manuals and operating procedures; • Any recent or outstanding documentation regarding employment law issues;and • Detailed budgetary reports. During this phase, Sunset Review criteria will be established with the input and verification of the City. Criteria, stated in the form of a question, should include multiple standards similar to and including the following: • How successful has the department been in achieving its mission, goals,and objectives? • Does the department perform any functions that are not statutorily required? If so, what is the purpose of these functions and are they necessary? • In what ways could the department's functions/operations be less burdensome or restrictive and still adequately serve the public? • Does the department promptly and effectively address complaints? • How does the department's programs and jurisdiction duplicate those of other agencies or departments and how well does the department coordinate with those agencies/departments? Finally,WCG will conduct orientation sessions,to include a schedule of meetings sufficient to provide reasonable opportunity for the attendance of all department personnel. The sessions will be designed to provide information on project scope,methods,timelines and possible outcomes. Once preliminary information has been gathered, Sunset Review criteria established,a general project plan determined, and orientation sessions have been completed, WCG will enter Phase Il of the project. PHASE II—PERFORMANCE AND PRODUCTIVITY REVIEW During the second phase, WCG will execute targeted discovery tactics to gather relevant information about the department's performance and productivity. Each may occur concurrently or sequentially as necessary to balance the capture of data, availability of personnel, and maintenance of the project timeline. These tactics will include but not necessarily be limited to the following: Self Evaluation Report (SER)—The department will submit a report identifying problems, opportunities, and issues the department feels should be considered in the Sunset Review. Overview Meetings — WCG will facilitate overview meetings with department management to obtain information about the department and follow-up information driven by the SER. Employee Survey — An effectively designed and implemented survey will assist in gaining valuable information about the employees' attitudes and opinions regarding their current work enviromnent, management team,operating processes and overall culture. Focus Group Sessions —Employee focus groups representative of each functional area will be conducted to drill down on issues identified in the employee survey to assist in discovering root issues and gaps in performance and productivity. Sessions will involve supervisors and non-supervisory personnel in separate sessions with 3-5 employees in each session. Given the number of personnel included, we anticipate the interviews can be completed over a one-week period, though this timeline will be largely dependent upon the availability of the department personnel. Individual Interviews—As necessary, where focus group design inhibits information exchange, individual employee interviews may be conducted to assist in information discovery. Customer Survey — WCG will design and launch a confidential web-based survey for department customers to provides tured feedback on service delivery and efficiencies. nter- encv-f. r-- e artmental Survey—A confidential survey tool will be developed and distributed to agencies an&Nepa� ents with which collaboration and/or regular interaction is required to gain structured feedback on cc mmunication and process efficiencies. ATTACHMENT"A"-PAGE 3- S WATERS CONSULTING GROUP,INC. PRODUCTIVE MANAGEMENT CONCEPTS MARCH 19,2008 CITY OF FORT WORTH; TEXAS SUNSET REVIEW PROPOSAL Assessment of Policy,Procedure,and Business Process—WCG will thoroughly review existing policies, goals,processes,performance measures, etc. gathered during Phase l;integrating this analysis with the data gathered from the aforementioned discovery tactics to further confirm inefficiencies and diagnose gaps and/or redundancy in work flow and performance delivery. A preliminary project report will be provided following the completion of Phase II. Findings in this phase are critical in determining the scope, depth,direction and specific content of the next phase. PHASE III—TECHNOLOGY AND TECHNICAL PROCESS REVIEW In most operating departments,the procurement, implementation and efficient utilization of technology as well as the identification of technical work-flow and process efficiencies represent the most critical opportunities for performance and productivity gains. The Sunset Review will not be complete without appropriate consideration being given to these areas. Based on findings from Phase I and II,the degree to which technology deficiencies exist and if they exist in terms of system limitations and/or utilization can be further estimated. Based on the Phase I and II assessment, WCG will propose an appropriate depth and scope of engagement necessary to determine contributing technology issues and technical process limitations. WCG understands the City to be presently reviewing technology efficiencies and information system options in some areas of operation. These present and ongoing considerations may affect the depth and breadth of Phase III. PHASE IV—RECOMMENDATIONS,REPORTING AND REVIEW Following completion of the first four phases on Sunset Review, WCG will provide recommendations and reporting. WCG will prepare a written draft of findings and observations describing the results of the Sunset Review. These results will be provided in preliminary form to the City for review. WCG will conduct an on-site meeting to discuss the preliminary report. Subsequently,this report of findings and recommendations will be provided to the department for the purpose of preparing a departmental response. WCG findings and recommendations and the department response will be considered by the City in detennining specific outcomes. Based on the findings of the Sunset Review,it is recommended the City consider certain decisions through the annual budget process to include the following: • Retain current department structure, administrative functions and services. • Modify current department structure and modify or eliminate certain administrative function and services. Public review,consideration and input will be critical to the City's final considerations. This may be most effectively generated during the public hearing proceedings as part of the annual legislative budget approval process. WCG will participate in public sessions as requested by the City. WCG final reporting will identify specific recommendations to the City and provide City staff with direction for implementation of the recommendations if adopted. The information in the Final Report will be organized and presented in a way intended to maintain the confidentiality of individual sources. The General result of this analysis and documentation should be a comprehensive discussion of the current state of the operations of the departments and modifications where efficiencies in performance,productivity and/or operating expense can be identified. ROLE OF THE CONSULTANT -WCG will serve as a th rd party resource and technical advisor to the City during this project. We understand the interest f the City in involving the employees of the departments and other key staff members at appropriate oints and believe this approach will accomplish that objective. We will conduct ATTACHNIENT"A"-PAGE 4- C2008-THE WATERS CONSULTING GROUT.INC. PRODUCTIVE MANAGEMENT CONCEPTS MARCH 19,2008 CITY OF FORT WORTH,TEXAS SUNSET REVIEW PROPOSAL orientation sessions,focus group meetings and individual interviews as appropriate with department employees and other City staff members in a way that will assure confidentiality of individual responses will ensure that employees will be open and honest in their discussions. Finally,WCG will prepare a report including observations, findings,recommendations and a strategy for pursuing the Sunset Review Options. ROLE OF THE CITY AND DEPARTMENT STAFF The City staff will be involved in this project in the following ways: The consultants will meet with the Director of Sunset Review and other appropriate staff as part of the initial data collection effort. These City staff members also will be involved throughout the duration of the project with periodic updates as well as in providing assistance in the information collection process. Employees will be involved in the review by participating in individual or focus group discussions with the consultants. Department personnel will be involved in submitting the SER;participating in overview and orientation sessions and preparing a departmental response to findings and recommendations. To effectively administer the project components, achieve optimum organizational awareness, and maximize access and time with relevant staff; WCG requests to establish office space on site at the City of Fort Worth for members of the project team to share throughout the project term. The nature and scope of this project,undertaken with strategy and planning to accomplish the desired project completion date,will initiate a significant change management cycle for these departments. Timely and effective execution of such compact, comprehensive and paralleled project steps require consistent cooperation and responsiveness of City staff within each department. WCG will provide the plan,structure and the external resources to execute each phase of the project as proposed. Maintenance of timelines and project completion is considered equally dependent upon WCG execution and City participation. ATTACHMENT"A"-PAGE 5- C'_008-THE WATERS CONSULTING GROUP.INC. PRODUCTIVE MANAGEMENT CONCEPTS MARCH 19,2008 CITY OF FORT WORTH,TEXAS SUNSET REVIEW PROPOSAL TIMELINE AND PROFESSIONAL FEES We are prepared to initiate this review within ten days of project authorization by the City of Fort Worth. Assuming an April 15,2008 start date,we anticipate completion of all tasks by June 30,2008,depending upon the flexibility of City staff in attending relevant meetings and providing timely responses as necessary. The professional fees for this project will be$110,000.00 for the Housing and Municipal Court departments excluding the professional fees"to-be-determined" for Phase III. Expenses are additional and are anticipated to be approximately$10,000.00 and include out-of-pocket expenses for items such as travel, printing and telephone charges. Expenses will be billed as incurred. Invoices are due within thirty business days of being mailed. WCG would be willing to negotiate a not-to-exceed fee for the City's consideration. While this work plan has been designed to give the City the maximum amount of flexibility in the design of this review, we are prepared to discuss any modifications that the City believes necessary. A significant cost factor for this review is the number of interviews proposed. The use of focus Groups during the interview phase will reduce consultant time requirements while still allowing the collection of comprehensive data. A specific work plan will be prepared for any additional services beyond the scope of this project and submitted to the City for approval prior to commencing any work. Below is a project overview of professional fees per project phase: Professional Fees Professional General Description of Services Fees for for Housing Municipal Court PHASE I INITIAL PROJECT STRATEGY AND PLANNING 5,000.00 5,000.00 PHASE II PERFORMANCE AND PRODUCTIVITY REVIEW 25,000.00 35,000.00 PHASE IH TECHNOLOGY AND TECHNICAL PROCESS TO BE TO BE REVIEW DETERMINED DETERMINED PHASE IV RECOMMENDATIONS, REPORTING AND 20.000.00 20,000.00 REVIEW SUBTOTAL PER DEPARTMENT—EXCLUDING PHASE III $50,000.00 $60,000.00 —PRICING TO BE DETERMINED UPON COMPLETION OF PHASE I AND PHASE IL ADDITIONAL WORK OR ON-SITE ACTIVITY BEYOND $200.00 PER $200.00 PER THE PROPOSED SCOPE OF WORK AS REQUESTED AND HOUR HOUR AGREED TO BY THE CITY ��f�Jv�1=iL�li�'VV�p�gIJ i y�j L U "• �L � �U PI i 6, L LC _� ___ •---erg ATTACHIMENT"A"-PAGE 6- C2008-T1-IE WATERS CONSULTING GROUP.INC. PRODUCTIVE MANAGEMENT CONCEPTS ATTACHMENT "A" NJTHE WATERS CONSULTING GROUP, INC. March 28,2008 Ms. Bridgette Garrett Sunset Review Director City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 Dear Ms. Garrett: Our proposal for the City of Fort Worth's Sunset Review includes hi/VIBE participation through the use of Ms. Michelle Collins,CEO of HRD Solutions. Michelle is certified through NCTRC A, (North Central Texas Regional Certification'agency), and her certification number is BF\VBZ81151N0805 as a M/\VBE. Please let me know if this information satisfies the City of Fort Worth's requirements for M/lYBE participation for the scope of this project. Best Regards, Dal Anderson (via electronic signature) THE WATERS CONSULTING GROUP,INC. • PRODUCTIVE MANAGEMENT CONCEPTS 5050 Quonun Suite 625 Dallas.TX 75254 972/481/1950 972/481/195](Fax) v%ivw.v%aterseonsulting.com Dallas•Seattle•Austin•Cleveland ATTACHMENT "A" ROLLIE O. WATERS President and Founder The Waters Consulting Group,Inc. Rollie O. Waters is the President and Founder of The Waters Consulting Group, Inc., (WCG)and the firm has three primary divisions: HR and Compensation Consulting; Salary Survey Web-based Solutions; and Executive Search (Waters-Oldani Executive Recruitment). Since 1976, Rollie has been a management consultant to private and public sector clients. He has consulted with national and international clients in the area of compensation system design and strategic management and has given various lectures and seminars for organizations in the areas of compensation as it relates to performance management. He is viewed on a national level as one of the foremost authorities in compensation and performance management system design for the public sector. He has spoken before such organizations as the American Management Association, Southern Methodist University, the University of Maryland, California Institute of Technology, the Texas Municipal League (TML), the International Personnel Management Association (IPMA-HR), several international companies based in Great Britain, and various U.S. public sector agencies and organizations. Rollie has been widely published in national journals and magazines focusing on human resource challenges. His publications include a research article in the Public Personnel Management Journal titled "The Impact of Behavioral Traits on Performance Appraisal." Prior to founding WCG, Rollie held an executive position with Dun & Bradstreet Co., Inc., and a management position with Owens Corning Fiberglass. AREAS OF EXPERTISE Wage and Salary Administration Performance Management Compensation System Design Organizational Design Management Development Skill-based Pay Design Job Evaluation System Design Competency-based Systems Organizational Strategy Expert Witness Services Mentoring Programs Succession Planning PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Rollie is a member of Mensa, WorldatWork (formerly the American Compensation Association), International Management Consultants, and several other professional groups. He also has appeared in several professional directories such as Who's Who in the World, Who's Who in Finance and History, and many others. Rollie has an extensive background in the behavioral sciences, strategic planning and compensation design. He received his MBA at Pepperdine University and his bachelor's of science degree in psychology from the University of South Carolina. In addition, he is a Certified Management Consultant(CMC). CMC is a certification mark awarded by the Institute of Management Consultants USA and represents evidence of the highest standards in consulting and adherence to the ethical canons of the profession. <J J ? ❑❑ THE WATERS CONSULTING GROUP, INC. ATTACHMENT "A" DAL ANDERSON Senior Consultant and Director The Waters Consulting Group,Inc. Dal Anderson serves as a Senior Consultant for WCG's Consulting Services Division since 2007. In this role, he assists in developing custom human resources and compensation-related programs to meet our client's strategic goals and philosophy. With more than 15 years of hands-on experience, Dal understands the complex and diverse human resources and compensation challenges of both public and private sector organizations. Before joining the WCG team, he served as Assistant City Manager for Colleyville, Texas, providing oversight to several municipal service areas, including Parks and Recreation, Community Development, Economic Development, Communications, Human Resources and Facilities Management. Previously, Dal was the Director of Human Resources with the City of Arlington, Texas, leading a large complex organization through significant change, integration of technology, succession planning and creative adjustments in compensation and benefit design. Dal has experience in information strategies, functions and applications — specifically the implementation of Enterprise Resource Planning (ERP) systems for financials, procurement, payroll, electronic recruiting and employee information. His project team is recipient of the 2006 Outstanding Achievement in Innovation Award given by The Innovation Groups. Dal also is well versed in practices and programs necessary to maintain a qualified, diverse,trained and motivated workforce. AREAS OF EXPERTISE • Competitive, Comprehensive and Creative Recruitment, Compensation and Benefit Programs • Employee Relations Strategies • Performance Management Programs and Policy Development • Complaints, Grievances and Formal Investigations into Alleged Workplace Misconduct • Self-funded Healthcare Plans and Rate Setting • Performance Evaluation System Development • HR Policies and Procedures • Testing, Training and Promotional Processes • Meet and Confer Negotiations PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Dal attended Texas A&M University in College Station, Texas, earning a bachelor's in business administration. He is a member of the Society of Human Resource Management, and the Texas Municipal Human Resource Association. He has made presentations at the International City/County Management Association(ICMA)Best Practices Conference and WorldatWork Annual Conference. THE WATERS ---- CONSULTING GROUP, INC. ATTACHMENT "A" CHARLES (CHUCK) S. ANDERSON Chief Executive Officer Waters-Oldani Executive Recruitment Division Charles (Chuck) S. Anderson is the Chief Executive Officer for the Waters-Oldani Recruitment Division within the Waters Consulting Group (WCG). In this role he also is a senior consultant within the HR Consulting Division for projects related to organizational design and development, strategic planning, and leadership/management development. Prior to joining the WCG, Chuck worked for local governments and public education, including City Manager for Dallas, Texas; Executive Director for the Dallas Area Rapid Transit(DART); and Executive Director for the Michigan Education Association. Chuck also served as Director for Local Government Reform for the International City/County Association (ICMA), managing a U.S. government contract for the planning and delivery of technical assistance to local governments in Central and Eastern Europe. His last assignment in this role with ICMA was to recruit and supervise a team of technical consultants to assist in re-building local governments in Bosnia following agreement on the Dayton Accords. During his service with the Michigan Education Association, Chuck also served as Senior Consultant for Urban Planning and Management for Michigan State University's Institute for Public Policy and Social Research. AREAS OF EXPERTISE • Executive Recruitment • Leadership/Management Development • Organizational Design • Organizational Development PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Chuck received a Bachelor of Arts degree in political science and human resources management and a Masters of Public Administration degree from the University of Kansas. He received the prestigious L.P. Cookingham Award for Development of Young Professionals from the International City/County Management Association (ICMA)and the Minority and Women Advancement Award from the American Public Transit Association (APTA). He was also recognized as Public Administrator of the Year by the American Society of Public Administration (ASPA) and Outstanding Management Innovator(Honorable Mention)by ICMA. Chuck was recognized recently with the 2007 Lifetime Achievement Award from his Public Administration Alumni Association at the University of Kansas. >, V THE WATERS CONSULTING GROUP, INC. ATTACHMENT "A" TROY COLEMAN,Ph.D. Senior Consultant The Waters Consulting Group, Inc. Troy has more than 25 years of impressive professional and executive level human resources experience. Before joining Waters Consulting Group, Inc., Dr. Coleman was most recently the Associate Superintendent for Human Resource Services with the Dallas Independent School District, where he designed and managed program efficiencies and automation to support employee on-boarding, and employee relations and mediation services. He designed and managed a nationally recognized program focused on international recruitment and selection of teachers, professionals and administrators to staff the 10,000-member teacher group and more than 20,000 total employees in the district. He served as Human Resources Director for the City of Dallas, Texas. Dr. Coleman was Senior Vice- President for Human Resources for an eCommerce business, and he has held various human resources posts in higher education and in local and federal government. He was a lecturer in Organizational Behavior and Personnel and Human Resources Administration at the University of Texas, Arlington; College of Business Administration; and Southern Methodist University, Cox School of Business, where he also lectured on Alternative Dispute Resolution. Throughout his career, Dr. Coleman has designed and led organizational development engagements on Organizational Change, Workplace Diversity, Conflict Management, and Employee Relations. He successfully facilitated dispute resolution and mediation processes involving disputes between police/public safety agencies and the communities they serve, employee disputes over diversity issues at work, EEO/Affirmative Action matters affecting companies and government agencies, differences between governing bodies and executive leadership teams, employee relations issues regarding pay and work conditions, and general interpersonal relations disputes. He was a faculty member with leadership institutes at George Washington University and the National Forum for Black Public Administrators. AREAS OF EXPERTISE • Recruitment and Selection • Pre-employment and Promotional Testing and Assessments • Workplace Diversity and Inclusion Programs • Training and Organizational Development • EEO and Equity Systems Analysis and Design • Mediation and Conflict Resolution Training • Competency-based Performance Achievement Programs PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION For more than 12 years with his own firm, Dr. Coleman successfully designed and facilitated diversity training programs and services for federal and local governments, police, fire and public safety agencies, corporate businesses, and he has lectured at national conferences on the subject of managing diversity in the workplace. He has also managed projects that incorporate diversity and community relations with communities experiencing demographic and social change. He earned his doctorate from the University of North Texas and his master's and bachelor's degrees from Texas A&M University, Commerce. He has been a Licensed Professional Counselor, and he is an active member_ofthe n Psychological Association. THE WATERS CONSULTING GROUP, INC. ATTACHMENT "A" G. CHRIS HARTUNG Senior Consultant The Waters Consulting Group, Inc. Chris Hartung is a Senior Consultant for The Waters Consulting Group, Inc. (Waters-Oldani). In his role, he is responsible for managing and conducting executive recruitment assignments for the firm. Chris has more than 35 years of experience in managing and consulting in both the private and public sector. He has served as Director of Finance, Assistant City Manager, and City Manager in full service municipalities with populations ranging from 15,000 to 160,000. Mr. Hartung served for 8 years as City Manager of Denton, TX. Chris joined Waters-Oldani in October 1997. He has conducted management-consulting assignments in a number of areas including compensation planning and implementation, strategic planning, organizational staffing, total quality management, and executive recruitment. He has written and presented training in a number of subject areas including perfonnance evaluation, leadership and management skills, and customer relations. AREAS OF EXPERTISE • Executive Recruitment • Classification and Compensation Studies • Skill-based Pay • Employee Surveys • Customer Service Training • Leadership Training PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION � Chris received his bachelor's degree in government from Southern Methodist University and his master's degree in public administration from the University of North Texas. He has conducted lectures and seminars for Texas A&M University, the University of Texas at Austin, the University of Texas at Arlington, and the University of North Texas. Chris is on the faculties of the Bill Blackwood Law Enforcement Management Institute of Texas (LEMI) and the Certified Public Manager Program (CPM), which is managed by the faculty at Texas State University, San Marcos. Chris is also fully certified to administer ASSESS Strategic Success Modeling by the professional organizational psychologists at Bigby, Havis&Associates—a nationally known, accredited and respected firm. LIJITHE WATERS CONSULTING GROUP, INC. ATTACHMENT "A" TEODORO(TED)J. BENAVIDES Senior Vice President The Waters Consulting Group, Inc. Ted Benavides works as a Senior Vice President for The Waters Consulting Group, Inc. for special projects with a focus on organizational analysis, strategic design, and compensation analysis. He is the former City Manager of Dallas and joined The University of Texas at Dallas (UTD) in January 2005 as a faculty member in the School of Social Sciences' Public Affairs Program. Ted served from 1998 to 2004 as City Manager of Dallas, Texas. There, he was responsible for administering all programs and services for the city's 1.2 million people and overseeing an annual $1.9 billion municipal budget and directing a workforce of 12,500 employees. From 1996 to 1998, Ted was City Manager of the City of Denton, Texas, and from 1990 to 1996, he served as one of five Assistant City Managers in Dallas. While in Denton, Texas, Ted was also responsible for the management of Denton Municipal Electric. Previously, he held a number of other positions with the City of Dallas, including director of the Budget and Research Department, assistant director of the Health and Human Services Department, assistant director of capital budget programs, capital budget administrator and budget analyst. As City Manager of Dallas, Texas, and Denton, Texas, Ted has extensive experience in executive search. He has recruited and selected individuals for positions as diverse as Assistant City Managers, Department Directors, and Assistant Directors from a wide range of professional fields and backgrounds. In addition he has developed and implemented recruitment efforts for public sector employees for such categories as uniform, professional, administrative,technical,trades, and clerical. AREAS OF EXPERTISE RE • Organizational Analysis • Classification and Compensation Studies • Skill-based Pay • Employee Surveys • Leadership Training • Executive Search PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Ted earned his bachelor's degree in education, political science, and history from Texas A&I University (now Texas A&M University-Kingsville) and a master's degree in public administration from Southern Methodist University. He is also a graduate of both Leadership Dallas and the Executive Institute of the Texas Municipal League at the LBJ School of Public Affairs in Austin and is a fellow of the National Academy of Public Administration. Ted serves on the board of directors of the National Forum for Black Public Administrators and is the Vice-Chair of the Texas City Management Association University Relations Committee. He was named Public Administrator of the Year in 2004 by the North Texas American Society of Public Administration. 1'd:HI ,t tu �� 1� THE WATERS I ❑I ICONSULTING GROUP, INC. ATTACHMENT "A" RUTH ANN ELEDGE, SPHR CEO of Consulting Services Division The Waters Consulting Group, Inc. Ruth Ann Fledge started working with WCG in 2000 and is the CEO of the Consulting Services Division. In this role, she leads and oversees many of our HR studies and compensation projects and works closely with the entire consulting team to ensure on-time delivery while meeting the quality requirements of our clients. Ruth Ann has more than 24 years of public sector experience with the City of Austin, Texas. Before joining the WCG team in 2000, she served as the City's Director of Human Resources and Civil Service. Under Ruth Ann's leadership, the City of Austin received an A+ rating from Governing Magazine for having a top Human Resource Department in 2000, an honor given only to two cities nationwide. Ruth Ann has worked closely with and supported various boards and commissions for the City of Austin, Texas, including the Civil Service Commission, Human Rights Commission, Mayor's Committee for Person's with Disabilities, and the City Council Affirmative Action Subcommittee. AREAS�OF EXPERTISE • Total Compensation and Classification System Design and Development • Position Description Analysis • Point Factor Job Evaluation System Design and Installation • Market Surveys and Analysis • Benefits Surveys and Reporting • Salary Administration Audits • Employee Opinion Surveys • Compensation Philosophy Design • FLSA Analysis • EEO Analysis • Expert Witness Services in the area of compensation and classification for municipalities PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Ruth Ann received her master's degree (MPA) from Southwest Texas State University and her bachelor's degree from the University of Texas at Austin. 17 .i THE WATERS CONSULTING GROUP, INC. ATTACHMENT "A" MICHELLE COLLINS CEO HR Solutions Michelle provides a variety of professional services related to employee and leadership assessments and development. She frequently partners with internal HR consultants to provide technical guidance on various assessment and employee development projects. Michelle works with a variety of industries, including high tech, retail, consumer products, transportation, and government to help them maximize their human resources and leadership capabilities. Prior to starting her consulting practice, Michelle served as Director of Executive Development at a large financial services company. There she managed the annual succession planning process and coordinated internal and external development programs for 250 senior executives. Internally, Michelle consulted on employee selection and development projects with American Airlines where she also coordinated various employee research projects. She worked at an organizational psychology-consulting firm, Personnel Decisions International (PDI), where she conducted management assessments and coaching. During her graduate training, Michelle worked in city government and taught at the university level. In her city government position, she designed and delivered tests and assessment center exercises for police, fire,and other municipal positions. PROFESSIONAL ACCOMPLISHMENTS AND EDUCATION Michelle holds an M.S. and Ph.D. in Industrial/Organizational Psychology from Tulane University and a B.S. in Psychology from Howard University. She is currently serving on the Society for Industrial/Organizational Psychology's Minority Teaching Institute Committee and serves as a reviewer for the Society's annual conference. She was Program Chair for the International Personnel Management Assessment Council's 2002 conference. She has presented several papers and workshops both in academic and business settings and co-authored a publication on education and training in a human resources journal, Public Personnel Management. Michelle has completed the Center for Creative Leadership's Tools for Developing Successful Executives. Her book, The Thin Book of 360 Feedback: A Manager's Guide, is designed as a guidebook for managers to accompany any multi-rater process. THE WATERS L� CONSULTING f` , GROUP, INC. Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/8/2008 DATE: Tuesday, April 08, 2008 LOG NAME: 38SUNSET REVIEW REFERENCE NO.: C-22753 SUBJECT: Authorize Execution of a Professional Services Agreement with The Waters Consulting Group, Inc., to Perform Sunset Reviews for the Municipal Courts and Housing Departments RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a professional services agreement with The Waters Consulting Group, Inc., in the amount of $120,000 ($65,000 Municipal Courts and $55,000 for Housing) to perform abbreviated Sunset Reviews for the Municipal Courts and Housing Departments. DISCUSSION: During the FY2007-08 budget process, and in subsequent discussions, Council members have indicated a desire to implement a formal Sunset Review Process for the City of Fort Worth. Accordingly, the City Manager established the Sunset Review Division. The purpose of the Sunset Review Process is to: 1. Identify more effective methods for service delivery; 2. Identify efficiencies in the organization; 3. Identify overlap and/or duplication of programs, services and/or functions; and 4. Provide periodic validation of programs, services and functions. For the current year, staff has been tasked with bringing a consultant on board to perform abbreviated Sunset Reviews for the Municipal Courts and Housing Departments. The results from these reviews will be finalized prior to the adoption of the FY2008-09 budget. Once the reviews are completed, the consultant will provide the City with a detailed assessment for each department. The City Manager will consider the recommendations when making decisions related to improvements, eliminations and reductions of services, functions and programs for these departments in the FY2008-09 budget process. The Waters Consulting Group, Inc., is in compliance with the City's MWBE Ordinance by committing to 10 percent MWBE participation on this contract. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget of the General Fund. No funds were budgeted for this purpose; however, the departments will attempt to find savings to http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 4/21/2008 Page 2 of 2 offset these expenditures. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 531200 0381000 $65,000.00 GG01 531200 0051010 $55,000.00 Submitted for City Manager's Office by: Karen Montgomery (6191) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Bridgette Garrett (8518) http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 4/21/2008