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HomeMy WebLinkAboutContract 47598 CONTRACT NO. PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation, acting by and through Valerie R. Washington, its duly authorized Assistant City Manager, and Stevie Dawn Inspires, LLC ("Contractor"), a Texas Limited Liability Company, acting by and through Dr. Stevie Dawn Blakely, its duly authorized Owner. RECITALS WHEREAS,the City has a desire to increase the leadership training and skills of City personnel; WHEREAS, Contractor provides Leadership Training through her work as Chief Leadership Officer and Owner of Stevie Dawn Inspires, LLC; and WHEREAS, Contractor's Leadership Training is designed to help the City, specifically the Fort Worth Police Department, achieve improved leadership skills in current police personnel. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. SCOPE OF SERVICES Contractor agrees to provide Leadership Training to Fort Worth Police Department ("FWPD") employees beginning on March 31, 2016 and ending on May 26, 2016 ("Set-vices"). Each week Contractor shall provide Services on Thurdays from 8 am to 12 pin, Central Standard Time. Contractor will also provide online training (totaling approx. 4 hours), to which participants will have lifetime access. In-person services shall be performed at the Bob Bolen Public Safety Training Complex located at 505 W. Felix Street, Fort Worth,Texas 76115 ("Premises"). Specifcially, Contractor will perform all duties outlined and described in "FWPD Sergeant Leadership Training(Pilot)",which is attached hereto as Exhibit A. 2. TERM This Agreement shall become effective upon execution by both parties and shall expire on June 30, 2016. 3. COMPENSATION The maximum amount to be paid to Contractor for all services performed and expenses incurred hereunder shall not exceed $4,500.00 dollars. Such rate shall include all fees and expenses associated with this agreement. Payment for Services shall be due within thirty (30) days of uncontested performance of the particular services so ordered and receipt by the City of Contractor's invoice for payment. 4, TERMINATION City or Contractor may terminate this Agreement at any time up to ten(10)working days prior to the scheduled event for any reason by notice in writing to the other party. Upon such termination, neither party shall be obligated to the other to perform under this Agreement. If Contractor terminates less than 10 working OFFICIAL REC Professional Services Agreement ort Worth and Stevie Dawn Inspires,LLC. CITY SECRETARY Page i of 6 FY.WARTM a days prior to the scheduled event,then Contractor shall be liable for any costs or losses the City may incur for replacing Contractor at the scheduled event. If the City terminates less than 10 working days prior to the scheduled event,then the City shall pay contractor any amounts due at the time of termination. h1 no event shall Contractor be entitled to lost or anticipated profits nor shall the City be otherwise liable for indirect, special, or consequential damages should the City choose to exercise its option to terminate. 5. DUTIES AND OBLIGATIONS OF THE PARTIES Contractor will provide a qualified instructor for the gaining program who will facilitate the Services. The City shall be responsible for providing the classroom facilities and audio/visual equipment needed by Contractor. Contractor agrees to provide the City a list of necessary audio/vistual equipment needed at least two (2) weeks prior to the start of Services. Contractor also agrees to provide the City with information regarding the classroom size necessary to conduct the training at least two (2)weeks prior to the start of Services. 6. OWNERSHIP OF PRESENTATION MATERIALS Contractor hereby warrants that Contractor is the sole and exclusive owner and copyright holder of the presentation materials and/or has the right to use, copy, display, sell, distribute and reproduce the presentation materials. Contractor shall retain ownership rights of all presentation materials and may use then for the presentation in any manner not inconsistent with any applicable laws, ordinances, rules, and regulations. Presentation materials shall include the presentation, handouts, slides, displays, props, graphics, charts, diagrams, and any other materials Contractor utilizes for the actual presentation or to promote Contractor's products, brands or services (collectively "presentation materials"). Contractor hereby grants the City an unrestricted, irrevocable, non-exclusive right to use Contractor's name and to reproduce, display, market and use Contractor's presentation materials for the sole purpose of performing the City's responsibilities under this Agreement and for promoting the scheduled event. The City is specifically prohibited from marketing and/or selling the presentation materials for a profit and such prohibition shall survive any termination or expiration of this Agreement. 7. ACCESS The access granted to Contractor pursuant to this Agreement shall be limited to the property defined as Premises in Section I of this Agreement. Contractor shall be escorted by a City employee at all times while on Premises. The City employee escorting Contractor must be authorized to access Criminal Justice Information Services ("CJIS") protected data. The parties acknowledge and understand that the Premises contains one or more areas where CJIS protected data is viewed, modified, and used. Furthermore,the parties acknowledge that Federal and State law set forth the access requirements for CJIS protected data. The parties agree to comply with all Federal and State law requirements regarding access to CJIS protected data. Contractor shall sign in and out at the front desk of Premises upon entry. Contractor shall carry a valid photo ID while on Premises. 7. INDEMNIFICATION; LIABILITY CONTRACTOR SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY CLAIM THAT THE PRESENTATION Professional Services Agreement City of Fort Worth and Stevie Dawn Inspires,LLC. Page 2 of 6 MATERIALS INFRINGE ON ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT. CONTRACTOR SHALL FURTHER INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM FOR LOSS, DAMAGE, LIABILITY OR EXPENSE FOR DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY PERSON, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR SUBCONTRACTORS,WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR OR OMISSION IN THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR SHALL DEFEND AT HIS 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 EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION THEREWITH RESULTING FROM SUCH NEGLIGENT ACT, ERROR OR OMISSION. Section 7 shall survive the termination or expiration of this Agreement. 8. INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of his agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Contractor, its agents,employees and subcontractors; and the doctrine of respondent superior shall have no application as between the City and the Contractor. 9. INSURANCE Contractor shall provide and deliver to the City a certificate of insurance documenting policies in the the following coverage at minimum limits that are to be in effect prior to commencement of work under this Agreement: Commercial General Liability Insurance $1,000,000 each occurrence $1,000,000 aggregate 10. PROHIBITION OF ASSIGNMENT Neither party hereto shall assign, sublet or transfer its interest herein. Any attempted assignment, sublease or transfer of all or any part hereof shall be null and void. 11. RIGHT TO AUDIT Contractor 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 Contractor involving transactions relating to this Agreement at no additional cost of the City. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor 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 Contractor reasonable advance notice of intended audits. Professional Services Agreement City of Fort Worth and Stevie Dawn Inspires,LLC. Page 3 of 6 12. CHOICE OF LAW; VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Should any action, at law or in equity, arise out of the terms of this Agreement, exclusive venue for said action shall be in Tarrant County,Texas. 13. NOTICES Any notices required to be given hereunder shall be given by certified mail, return receipt to the following addresses: To The CITY: City of Fort Worth Attn: Valerie R. Washington Assistant City Manager 1000 Throckmorton Fort Worth TX 76102-6'1 1 Facsimile: (817) 392-8502 With a copy to: Contract Compliance Specialist Bob Bolen Public Safety Complex 505 W. Felix St. Fort Worth, TX 76115 To CONTRACTOR: Stevie Dawn hlspires, LLC PO Box 174465 Arlington, TX 76003 14. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. FORCE MAJEURE. The City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 16. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. Professional Services Agreement City of Fort Worth and Stevie Dawn Inspires,LLC. Page 4 of 6 17. AMENDMENTS. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument,which is executed by an authorized representative of each party. 18. ENTIRETY OF AGREEMENT. This Agreement contains the entire understanding and agreement between the City and Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Professional Services Agreement City of Fort Worth and Stevie Dawn Inspires,LLC. Page 5 of 6 EXECUTED on this,the l 4'day of 2016. CITY OF FORT WORTH: STEVIE DAWN INSPIRES,LLC. By: By: Valerie R. Washington Dr. Stevie Dawn Blakely Assistant City Manager Owner / Date: Date: APPROVAL RECOMMENDED BY: By� � Joel F. Fitzgerald Chief of Police Date: Y2 APPROVED AS TO FO AND LEG TTY: By: Victoria D. Honey Assistant City Attorney Contract Authorization: No M&C Required ATTE T. 6 dp v B Mary J. Kayser 44. o Ci� Secretary 9 9 Al �0, ' Form 1295 Certification No: NOT REQUIRED This agreement does not require City Council approval. OFFICIAL RECORD CITY SECRETARY Professional Services Agreement �p City of Fort Worth and Stevie Dawn Inspires,LLC. eu FTo tIYORTH'TGA; Page 6 of 6 EXHIBIT A FWPD Sergeant Leadership Training ( Pilot) WEEK ONE: OVERVIEW AND ASSESSMENTS 25 Min. Welcome and Overview of Program 50 Min. Introduction of All Participants(icebreakers) 10 Min. Break 45 Min. True Colors Personality Assessment and Activity 20 Min. Emotional Intelligence Pre-Assessment 10 Min. Break 45 Min. Leadership Assessment 20 Min. Putting it All'Together: EI+Personality+Leadership 15 Min. Schedule Coaching Calls/Wrap-Up WEEK TWO: POLICIES AND PROCEDURES 15 Min. Opening Remarks 60 Min. Leadership Development Plan 10 Min. Break 15 Min. Mentor Introductions and Q&A(2-3 Mentors) 60 Min. Policies and Procedures(What do they need help with?What do they need to know?) 10 Min. Break 60 Min. Application of Policies and Procedures(Case Studies,Scenarios) 10 Min. Wrap-Up i WEEK THREE: EMOTIONAL INTELLIGENCE 15 Min. Opening Remarks 15 Min. Mentor Introductions and Q&A(2-3 Mentors) 45 Min. Overview of Emotional Intelligence 10 Min. Break 75 Min. Competency Area Activity(5 Small Groups) 10 Min. Break 60 Min. Application of Emotional Intelligence Skills(Case Studies,Scenarios) 10 Min. Wrap-Up WEEK FOUR: ETHICS AND ACCOUNTABILITY t 10 Min. Opening Remarks 15 Min. Mentor Introductions and Q&A(2-3 Mentors) E 45 Min. Overview of Ethics/Accountability 10 Min. Break 75 Min. Ethics/Accountability(What do they need help with?What do they need to know?) E 10 Min. Break 60 Min. Practical Application of Ethics/Accountability(Case Studies,Scenarios) 15 Min. Wrap-Up 1 I I a i I ( WEEK FIVE: COMMUNICATION 10 Min. Opening Remarks 60 Min. Communication Strategies(Up, Down,and Sideways/Killer Whales vs. Friendly Dolphins) 10 Min. Break 15 Min. Mentor Introductions and Q&A(2-3 Mentors) 60 Min. Practical Application of Communication (Case Studies,Scenarios) 10 Min. Break 60 Min. The Importance of Networking 15 Min. Wrap-Up WEEK SIX: SUPERVISION 10 Min. Opening Remarks 30 Min. Supervisory Policies and Procedures 45 Min. Supervisory Strategies that Establish Trust 10 Min. Break 60 Min. Developing Talent Activity(5 Small Groups) 15 Min. Mentor Introductions and Q&A(2-3 Mentors) 10 Min. Break 50 Min. Practical Applications of Supervisory Strategies 10 Min, Wrap-Up WEEK SEVEN: LEADERSHIP 10 Min. Opening Remarks 15 Min. Mentor Introductions and Q&A(2-3 Mentors) 45 Min. Leadership: Putting It All Together 10 Min. Break 45 Min. The 36fr Leader(5 Small Groups) 45 Min. Practical Application of Leadership Lessons 10 Min. Break 45 Min. Post-Assessment 15 Min. Wrap-Up WEEK EIGHT: LIEUTENANT PANEL AND GRADUATION 15 Min. Opening Remarks 60 Min. Lieutenant Panel 10 Min. Break 30 Min. Mentor Match-Up 45 Min. Final Focus on the Development Plan 10 Min. Break 40 Min. Keynote Speech 20 Min. Graduation 10 Min. Closing/Farewell Online Program Components • A Coach Approach: By taking a talent development approach to supervision, leaders can empower subordinates to accomplish great things.This topic includes videos,examples,and web resources to help leaders better understand this supervisory tonL • Team Dynamics:The importance of team cohesion and understanding is imperative to creating an effective organization.This topic allows participants to investigate their own place within a team and better understand all team members through videos,examples,and resources. • Personal Branding:What many leaders forget is that they lead by example on a daily basis,and therefore he/she must exemplify leadership through their own personal brand.The videos and examples in this topic illuminate the different elements of personal branding and assist the participant in developing their own leadership brand. Emotional Intelligence Competency Areas &Skills Effective leaders learn and develop appropriate social skills,effective leaders accept and accurately understand others;effective leaders make decisions and solve problems;and effective leaders influence others in positive ways. interpersonal Communication • Assertion:The ability to clearly and honestly communicate personal thoughts and feelings to another person in a comfortable,direct,appropriate,and straightforward manner.Assertive communication is a positive way of talking to people and expressing thoughts and feelings in a way that promotes understanding,care,and respect. Personal Leadership • Comfort:The ability to judge appropriate social,emotional,physical distance,verbal,and non-verbal interactions with others and to impact and influence others in positive ways. Interpersonal comfort includes the ability to establish rapport,and develop trust in relationships by using effective attending skills and being honest,self-assured,and open. • Empathy:The ability to accurately understand and constructively respond to the expressed feelings,thoughts, behaviors,and needs of others.Accurate empathy involves engaged listening in a patient,compassionate,and non judgmental manner and communication back to the person the feelings of being heard, understood,and accepted as a person. • Decision Making:The ability to plan,formulate,initiate,and implement effective problem solving procedures. Decision making involves using problem solving and conflict resolution strategies in solving personal problems and using a skills approach in making decisions. • Leadership:The ability to positively impact,persuade,Influence others,and in general make a positive difference. Leadership is a behavioral reflection of self-empowerment with developed abilities and skills in interpersonal and goal-directed areas of life. Leadership is a set of personal and goal directed behaviors and actions that create momentum,consensus,and support in working with others. Self-Management • Drive Strength:The ability to effectively direct personal energy and motivation to achieve personal, career,and life goals. Drive strength Is reflected in goal achievement and in the ability to complete meaningful goals that result in personal satisfaction and positive feelings. • Time Management:The ability to organize tasks into a personally productive time schedule and use time effectively for task completion.Time management is reflected in the ability to achieve and productively mange the valuable resource of time,rather than responding or reacting to the demands of time. • Commitment Ethic:The ability to complete tasks,projects,assignments,and personal responsibilities in a dependable and successful manner,even in difficult circumstances.Commitment ethic is reflected by an Inner- directed,self-motivated,and persistent effort to complete projects regardless of other distractions and difficulties. Intrapersonal Communication • Self-Esteem:The ability,belief,and skill to view self as positive,competent,and successful in achieving personal goals.Self-esteem is reflected in genuine self-confidence, a high regard for self and others,and self-worth. Positive self-esteem is the foundation of achievement and a general sense of wellbeing. • Stress Management:The ability and skill to choose and exercise healthy self-control and self-management in response to stressful events.Stress management is reflected in the ability to control and manage stress and strong emotions in the many situations of daily life and work. Potential Problem Areas • Aggression:A measure of the degree in which an individual employs a personal communication style or pattern the violates,overpowers,dominates,or discredits another person's rights,thoughts,feelings,or behaviors. Aggression is reflected in communication that is too strong and overpowering and results in bas feelings and negative outcomes.Aggression comes from anger,and a person with a high score in aggression needs to learn anger control and management. • Deference:A measure of the degree to which an individual employs a personal communication style or pattern that is indirect,self-inhibiting,self-denying,and Ineffectual for the accurate expression of thoughts,feelings,or behaviors. Deference is reflected in in communication that is too weak,indirect,or ambiguous and results in unclear and/or mixed messages. Deference involves fear,and a high score in deference is a person who needs to learn how to control and manage their fear. • Change Orientation:A measure of the degree to which an individual is satisfied and the magnitude of change needed or desired for developing personal and professional effectiveness. Change orientation includes the degree to which a person is motivated and ready for change.Change orientation Is reflection of satisfaction of dissatisfaction with current emotional skills and abilities.A high measure of change orientation signifies a person who is highly dissatisfied with current situation and needs to focus on positive personal change.