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HomeMy WebLinkAboutContract 48092 t+ ► City Secretary Contract No. � AUG 1.6 2016 FORTWORTH, �ItYS�� PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City" or "Client"), a home- rule municipal corporation situated in portions of Tarrant, Denton, Johnson and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager, and DELIZIA CONSULTING SERVICES ("Consultant"), a California Sole Proprietor , and acting by and through James S. De Lizia its duly authorized Principal. City and Consultant are each individually referred to herein as a"party"and collectively referred to as the"parties."The term "Consultant" shall include the Consultant, its officers, agents, employees, representatives, contractors or subcontractors. The term "City" shall include its officers, employees, agents, and representatives. 1. Scope of Services. Consultant hereby agrees, with good faith and due diligence, to provide the City with professional consulting services for conducting and analysing an anonymous survey of employees of the city's animal care and control. Specifically, Consultant will perform all duties outlined and described in the Statement of Work, which is attached hereto as Exhibit"'A" (Employee Research Process )" and incorporated herein for all purposes, and further referred to herein as the "Services." Consultant shall perform the Services in accordance with standards in the industry for the same or similar services. In addition, Consultant shall perform the Services in accordance with all applicable federal, state, and local laws, rules, and regulations. If there is any conflict between this Agreement and Exhibit A,the terms and conditions of this Agreement shall control. 2. Term. This Agreement shall commence upon execution by both parties ("Effective Date") and shall expire no later than July 31, 2017 ("Expiration Date"), unless terminated earlier in accordance with the provisions of this Agreement or otherwise extended by the parties. This Agreement may be renewed 3 times at the City's option. 3. Compensation. The City shall pay Consultant an amount not to exceed $22,856.00 In Accordance With The Fee Schedule Attached As Exhibit A,And in accordance with the provisions of this DELIZIA CONSULTING SERVICES OFFICIAL RECORD Professional Services Agreement—General CITY SECRETARY Page I of 10 Rev. 12/2015 FT. WORTH,TX City Secretary Contract No. Agreement. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. City agrees to pay all invoices of Consultant within thirty (30) days of receipt of such invoice. Consultant may charge interest on late payments not to exceed one percent(M). 4. Termination. 4.1. Convenience. Either the City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 4.2 Breach. If either party commits a material breach of this Agreement, the non-breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten (10) calendar days after receipt of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time,the non-breaching party may, in its sole discretion, and without prejudice to any other right under this Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. 4.3 Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, the City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.4 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. In the event Consultant has received access to City information or data as a requirement to perform services hereunder, Consultant shall return all City provided data to the City in a machine readable format or other format deemed acceptable to the City and certify that all City data has been removed from Consultant's computers and other electronic devices. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. DELIZIA CONSULTING SERVICES Professional Services Agreement—General Page 2 of 10 Rev. 12/2015 City Secretary Contract No. 5.2 Confidential Information. The City acknowledges that Consultant may use products, materials, or methodologies proprietary to Consultant. The City agrees that Consultant's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials, or methodologies unless the parties have executed a separate written agreement with respect thereto. Consultant, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of the City. 5.3 Unauthorized Access. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised, in which event, Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. 6. Right to Audit. 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 at reasonable times any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant not less than 10 days written notice of any intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that city shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. city shall give subcontractor not less than 10 days written notice of any intended audits. 7. Independent Contractor. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this DELIZIA CONSULTING SERVICES Professional Services Agreement—General Page 3 of 10 Rev. 12/2015 City Secretary Contract No. Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. . It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Consultant or any officers, agents, servants, employees or subcontractors of Consultant. Neither Consultant, nor any officers, agents, servants, employees or subcontractors of Consultant shall be entitled to any employment benefits from the City. Consultant shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractors. S. Liability and ;indemnification. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARA CTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. Assigninuent and SubcontractinIz. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which DELIZIA CONSULTING SERVICES Professional Services Agreement—General Page 4 of 10 Rev. 1212015 City Secretary Contract No. the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 10. Insurance. 10.1 The Consultant shall carry the following insurance coverage with a company that is licensed to do business in Texas or otherwise approved by the City: 1. Commercial General Liability with a combined limit of not less than $1,000,000 per occurrence. 2. Automobile Liability Insurance with a combined limit of not less that $1,000,000 per occurrence. 3. Professional Liability (Errors & Omissions) in the amount of $1,000,000 per claim and $1,000,000 aggregate limit. 4. Statutory Workers' Compensation and Employers' Liability Insurance requirements per the amount required by statute. 5. Any other insurance as required by City. 1.2 General Insurance Requirements: 1. All applicable policies shall name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. 2. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. 3. A minimum of Thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. 5. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 6. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules and Regulations. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. DELIZIA CONSULTING SERVICES Professional Services Agreement—General Page 5 of 10 Rev. 12/2015 City Secretary Contract No. 12. Non-Discrimination Covenant. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 13. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: TO THE CITY: City of Fort Worth With Copy to the City Attorney Attn: Dr. Tim Morton at same address 1000 Throckmorton Fort Worth TX 76102 Facsimile: (817) 392- TO CONSULTANT: DeLizia Consulting Services Attn: Jim Delizia 710 E. Grinnell Drive Burbank, CA 91501 818-559-1472 14. Solicitation of Employees. Neither the City nor Consultant shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. This provision shall not apply to an employee who responds to a general solicitation or advertisement of employment by either party. DELIZIA CONSULTING SERVICES Professional Services Agreement—General Page 6 of 10 Rev. 12/2015 City Secretary Contract No. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 16. No Waiver. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis 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. 18. 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. 19. Force Maieure. The City and Consultant 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. 20. 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. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved DELIZIA CONSULTING SERVICES Professional Services Agreement—General Page 7 of 10 Rev. 12/2015 City Secretary Contract No. against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. Amendments. No amendment of this Agreement shall be binding upon a party hereto unless Such amendment is set forth in a written instrument, and duly executed by an authorized representative of each party. 23. Entirety of Agreement. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, 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. 24. Signature Authority. The person signing this Agreement, and any amendment hereto, hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 25. Counterparts. This Agreement may be executed in in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same. An executed Agreement, modification, amendment, or separate signature page shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects the signing of the document by any party. Duplicates are valid and binding even if an original paper document bearing each party's original signature is not delivered. 26. Third Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of the City and Consultant, and their lawful successors or assigns, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 27. Survival. Section 4.4 (Duties and Obligations of Parites), Section 5 (Confidentiality), Section 6 (Right to Audit), and Section 8 (Liability and Indemnification) shall survive termination of this DELIZIA CONSULTING SERVICES Professional Services Agreement—General Page 8 of 10 Rev. 12/2015 City Secretary Contract No. STATEMENT OF WORK SEE ATTACHED EXHIBIT A DELIZIA CONSULTING SERVICES Professional Services Agreement—General Page 2 of 10 Rev. 12/2015 EXHIBIT A CONTRACT WITH DELIZIA CONSULTING ANIMAL CARE AND CONTROL EMPLOYEE RESEARCH PROCESS PROJECT BACKGROUND AS PART OF THE CHARGE OF THE ANIMAL SHELTER TASK FORCE APPROVED BY THE FORT WORTH CITY COUNCIL IN NOVEMBER 2015, RECOMMENDATIONS WERE SOLICITED AROUND THREE ISSUES RELATED TO STAFF CAPACITY, STRUCTURE AND SATISFACTION: 1. IS THE ANIMAL SHELTER STAFF LARGE ENOUGH AND SUFFICIENTLY WELL QUALIFIED TO PERFORM ITS MISSION? 2. DOES THE DEPARTMENT PROVIDE STAFF WITH A SUPPORTIVE WORK ENVIRONMENT? 3. DOES THE ANIMAL CARE AND CONTROL DIVISION'S ORGANIZATIONAL STRUCTURE FACILITATE HIGH PERFORMANCE? AS A RESULT OF THEIR INVESTIGATION, THE TASK FORCE FOUND THAT THE SHELTER WAS `PERFORMING WELL, BUT COULD DO EVEN BETTER' IN THE AREA OF WORK ENVIRONMENT, AND THAT THE SHELTER `NEEDS SIGNIFICANT IMPROVEMENT' IN THE AREAS OF STAFFING RESOURCES AND ORGANIZATIONAL STRUCTURE. TO ADDRESS THESE ISSUES IN PART, A RECOMMENDATION WAS MADE AND APPROVED TO CONDUCT AN ANONYMOUS SURVEY OF EMPLOYEES USING A THIRD-PARTY CONSULTANT. SCOPE OF WORK THE CITY OF FORT WORTH CODE COMPLIANCE DEPARTMENT IS SEEKING A CONSULTANT TO DESIGN AND FACILITATE A PROCESS TO SOLICIT INPUT AND PERSPECTIVE FROM ANIMAL CARE AND CONTROL EMPLOYEES IN THE FOLLOWING AREAS: • WORK ENVIRONMENT • WORK PROCESSES • SCOPE AND ORGANIZATION OF WORK • EMPLOYEE SATISFACTION • EMPLOYEE SUPPORT AND DEVELOPMENT BASED ON THE RESULTS, THE DEPARTMENT MAY WANT TO PROCEED WITH FURTHER STEPS, INCLUDING ENGAGING EMPLOYEES IN IDENTIFYING ISSUES AND IN SETTING GOALS AND PRIORITIES FOR IMPROVEMENT OVERALL PROJECT GOAL: TO GAIN INSIGHT INTO AND DEVELOP SOLUTIONS AROUND ISSUES THAT IMPEDE EMPLOYEE SATISFACTION AND PRODUCTIVITY, AND THAT, ULTIMATELY, IMPACT ANIMAL OUTCOMES. Delizia Consulting Exhibit A Page 1 of 5 THE SUGGESTED SCOPE OF WORK WOULD ENCOMPASS THREE PHASES: RESEARCH AND ANALYSIS, ISSUE IDENTIFICATION, AND PLANNING. AN OPTION FOR FOLLOW-UP TO ASSESS PROGRESS AND SET FORTH GOALS FOR CONTINUAL IMPROVEMENT IN SUBSEQUENT YEARS IS ALSO INCLUDED. SUCCESS IN ACHIEVING THE PROJECT GOAL ABOVE WILL REQUIRE UNDERSTANDING AND ADDRESSING ISSUES, MANY OF WHICH ARE SHAPED BY EMPLOYEE EXPERIENCE, FEELINGS, ATTITUDES AND PERCEPTIONS. THE SUGGESTED RESEARCH STRATEGY IS ONE THAT INCLUDES A COMBINATION OF QUANTITATIVE (PHASE I) AND QUALITATIVE (PHASE II) RESEARCH METHODS TO GAIN THE DEPTH OF INSIGHT REQUIRED TO GENERATE THE BEST SOLUTIONS. IT ALSO ENGAGES EMPLOYEES AT ALL LEVELS AND IS MANAGED BY AN OBJECTIVE THIRD PARTY, TO RAISE THE LIKELIHOOD THAT THE FINDINGS ARE VIEWED AS CREDIBLE AND CAN SUPPORT A COLLABORATIVE PLANNING PROCESS (PHASE III) IN WHICH EMPLOYEES ARE COMMITTED TO THE RESULTS. PHASE I: RESEARCH AND ANALYSIS STEP 1 CONDUCT PHONE INTERVIEWS WITH ANIMAL CARE AND CONTROL SUPERVISORS TO PROVIDE AN OVERVIEW OF THE RESEARCH PROCESS, BETTER UNDERSTAND THEIR VIEW OF THE ISSUES, AND SOLICIT INPUT ON LINES OF INQUIRY WITH VARIOUS EMPLOYEE SEGMENTS. IT WILL BE IMPORTANT TO GAIN THE COMMITMENT OF THIS GROUP AS THEY WILL LIKELY LEAD IMPLEMENTATION OF THE GOALS AND PRIORITIES FOR IMPROVEMENT THAT RESULT FROM THE PLANNING PROCESS. STEP 2 CONDUCT AN ANONYMOUS SURVEY OF ALL ANIMAL CARE AND CONTROL EMPLOYEES TO 1) ESTABLISH A BASELINE FOR FACTORS THAT CONTRIBUTE TO THE PROJECT FOCUS AREAS ABOVE, AND 2) TO IDENTIFY ISSUES THAT SHOULD BE PROBED FURTHER. ENSURE THE ABILITY TO SORT RESPONSES BY KEY EMPLOYEE PROFILE VARIABLES, SUCH AS POSITION TYPE OR LEVEL. THE CONSULTANT WILL USE THE UNIVERSITY OF NORTH CAROLINA SHELTER EMPLOYEE ENGAGEMENT AND DEVELOPMENT SURVEY (SEEDS) FOR THIS PURPOSE. THE SEEDS INSTRUMENT HAS BEEN DESIGNED AND TESTED SPECIFICALLY FOR PRIVATE AND PUBLIC ANIMAL SHELTERS TO ASSESS EMPLOYEE ATTITUDES, PERCEPTIONS AND OPINIONS ON SUCH ISSUES AS COMMUNICATION EFFECTIVENESS, SUPERVISORY STYLE, TEAMWORK, PEER SUPPORT EUTHANASIA PRACTICES, MORALE, TRUST, JOB STRESS, TRAINING, ETC. KEY BENEFITS OF SEEDS IN MEETING THE CITY OF FORTH WORTH'S NEEDS IN PARTICULAR, INCLUDE: • INSTRUMENT WAS DEVELOPED USING DATA COLLECTED FROM STAFF OF HUNDREDS OF ANIMAL SHELTERS ACROSS THE COUNTRY, OVER A PERIOD OF 10 YEARS, COMBINED WITH EXPERTISE IN THE FIELD OF INDUSTRIAL PSYCHOLOGY FOCUSING ON WORKPLACE HEALTH AND EFFECTIVENESS. Delizia Consulting Exhibit A Page 2 of 5 • SURVEY RESULTS INCLUDE BENCHMARK DATA COMPARING FORT WORTH ANIMAL CARE AND CONTROL WITH OTHER SHELTERS OF SIMILAR SIZE, ADDING AN INVALUABLE EXTERNAL DIMENSION TO THE INSIGHT GAINED. • ANALYSIS OF RESULTS IS PROVIDED ALONG WITH RELATED BEST PRACTICE IDEAS IN AREAS OF IMPROVEMENT. THIS INFORMATION CAN SUPPORT STRATEGY DEVELOPMENT IN THE GOAL SETTING PROCESS DESCRIBED IN PHASE II. • SEEDS IS A NON-PROFIT ENTITY OF THE UNIVERSITY THAT NOT ONLY BRINGS THIRD-PARTY CREDIBILITY TO THE RESEARCH PROCESS, BUT AT A REASONABLE COST. THE DEVELOPMENT OF SEEDS WAS SUBSIDIZED BY THE HUMANE SOCIETY OF THE UNITED STATES AND UNC CHARLOTTE. 'THE ROLE OF THE CONSULTANT IN STEP 2 WOULD BE TO CONTRACT DIRECTLY WITH SEEDS AND FACILITATE AND GUIDE THE INTERACTION BETWEEN CODE COMPLIANCE DEPARTMENT LEADERSHIP AND SEEDS TO ENSURE THE SURVEY PROCESS AND ANALYSIS WILL PROVIDE THE GREATEST VALUE WITHIN THE OVERALL RESEARCH STRATEGY PLANNED. STEP 3 BASED ON SEEDS ANALYSIS IN STEP 2, CONSULTANT TO ESTABLISH A BASELINE AND RECOMMEND ISSUES FOR FURTHER INVESTIGATION USING QUALITATIVE RESEARCH METHODS (PHASE II). PHASE II: ISSUE IDENTIFICATION RECOMMEND AND DISCUSS WITH CODE COMPLIANCE DEPARTMENT LEADERSHIP, INCLUDING ANIMAL CARE AND CONTROL SUPERVISORS, A QUALITATIVE RESEARCH STRATEGY, LIKELY INCLUDING ON-SITE INDIVIDUAL INTERVIEWS AND EMPLOYEE FOCUS GROUPS TO PROBE UNDERLYING CAUSES OF IDENTIFIED ISSUES AND DYNAMICS THAT WILL INFORM THE DEVELOPMENT OF SOLUTIONS. DETERMINE MAKE-UP AND LOGISTICS FOR INTERVIEWS AND FOCUS GROUPS, AND CONDUCT. VARIABLES SUCH AS POSITION, FUNCTION/SPECIALTY, LEVEL OR TENURE WOULD BE USED TO SEPARATE FOCUS GROUP PARTICIPANTS TO BE ABLE TO COMPARE/CONTRAST EMPLOYEE PERSPECTIVES TO DEEPEN INSIGHT. CONSULTANT WILL SUMMARIZE ALL RESEARCH AND DEVELOP KEY FINDINGS, INCLUDING AREAS FOR IMPROVEMENT AND POSSIBLE SOLUTIONS THAT CAN SUPPORT THE PLANNING PROCESS IN PHASE III. PHASE III: PLANNING GATHER AND PACKAGE ADDITIONAL INFORMATION (ANIMAL CARE AND CONTROL STATS/TRENDS, ETC.) TO SUPPORT THE PLANNING PROCESS. SET THE AGENDA AND TIMETABLE, PRODUCE DISCUSSION AIDS. CONSIDERING THE LARGE ANIMAL CARE AND CONTROL STAFF, AND YET THE Delizia Consulting Exhibit A Page 3 of 5 NEED TO ENGAGE ALL IN A COLLABORATIVE PROCESS, THE FOLLOWING PLANNING PROCESS STRUCTURE IS SUGGESTED. PLANNING GROUPS CORE PLANNING GROUP: COMPOSED OF AROUND 15 EMPLOYEES, INCLUDING SUPERVISORS, AND SELECTED REPRESENTATIVES FROM WITHIN ANIMAL CARE AND CONTROL, ENSURING COVERAGE BY FUNCTION, LEVEL, TENURE, ETC. THE CORE PLANNING GROUP WOULD ASSESS PLANNING DATA AND INPUT, MOVE THROUGH THE KEY STEPS OF THE PLANNING PROCESS, BUILD CONSENSUS AND DETERMINE THE FINAL PLAN. CONSENSUS GROUP: OPEN TO ALL INTERESTED STAFF IN ANIMAL CARE AND CONTROL, THE CONSENSUS GROUP WOULD PROVIDE INPUT TO THE CORE PLANNING GROUP, AND REVIEW AND PROVIDE FEEDBACK ON THE PLAN AS IT DEVELOPS. PLANNING SESSIONS SESSION 1 WOULD INCLUDE A MEETING WITH THE CONSENSUS GROUP TO GATHER INPUT, FOLLOWED BY A PLANNING MEETING WITH THE CORE PLANNING GROUP TO DRAFT GOALS AND STRATEGY. SESSION 2 WOULD INCLUDE A MEETING WITH THE CONSENSUS GROUP TO WORKSHOP THE GOALS, PROVIDE FEEDBACK ON STRATEGY AND TO SET PRELIMINARY PRIORITIES. THIS WOULD BE FOLLOWED BY A MEETING WITH THE CORE PLANNING GROUP TO REFINE AND FINALIZE THE PLAN, AS WELL AS TO DISCUSS IMPLEMENTATION AND A PROCESS TO MONITOR, REPORT AND EVALUATE PLAN PROGRESS AND RESULTS. OPTIONAL WORK CONSULTANT WOULD FACILITATE A PROCESS TO: • REVISIT AND ASSESS ANY CHANGE IN THE EMPLOYEE BASELINE FOR WORK ENVIRONMENT, SATISFACTION, ETC. (POSSIBLY INCLUDING RE- ADMINISTRATION OF THE SEEDS INSTRUMENT) • CONDUCT AN ASSESSMENT OF PROGRESS ON ANIMAL CARE AND CONTROL'S PLAN, GOALS AND PRIORITIES • UPDATE PLAN DELIVERABLES FOR 2017-2018 AND REFINE, AS NEEDED, THE PLANNING PROCESS MODEL. Delizia Consulting Exhibit A Page 4 of 5 CONSULTANT FEE SCHEDULE CONSULTANT NON-PROFIT AND PUBLIC AGENCY FEE SCHEDULE: FACILITATION: $3,000/DAY CONSULTATION: $1,750/DAY DEVELOPMENT: $100/HOUR PROJECT MANAGEMENT:$50/HOUR PHASE I: RESEARCH AND ANALYSIS (SEE TASKS ABOVE) CONSULTANT SCOPE OF WORK 8 DEVELOPMENT HOURS $800.00 4 PROJECT MANAGEMENT HOURS (SURVEY MANAGEMENT) $200.00 SEEDS SURVEY AND ANALYSIS BASE COST, EXCLUDING ANY DESIRED CUSTOMIZATION $1,765.00 SUBTOTAL PHASE I $2,756.00 PHASE II: ISSUE IDENTIFICATION (SEE TASKS ABOVE) CONSULTANT SCOPE OF WORK 2 ON-SITE DAYS (QUALITATIVE RESEARCH, CHARGED AT CONSULTATION RATE) $3,500.00 11 DEVELOPMENT HOURS $1,100.00 SUBTOTAL PHASE II $4,600.00 PHASE III: PLANNING (SEE TASKS ABOVE) CONSULTANT SCOPE OF WORK 2.5 ON-SITE FACILITATION DAYS $7,500.00 20 DEVELOPMENT HOURS $2,000.00 SUBTOTAL PHASE III $9,500.00 REIMBURSABLE EXPENSES INCLUDE: ROUND-TRIP COACH AIRFARE, GROUND TRANSPORTATION, LODGING ROOM/TAX, MEALS NOT PROVIDED IN SESSIONS, AND COPYING OF SESSION MATERIALS. Delizia Consulting Exhibit A Page 5 of 5 City Secretary Contract No. Agreement. Executed in multiples this the day o , 20i AGREED: AGREED: CITY OF FORT WORTH: DELIZIA CONSULTING SERVICES: // By, By: s � 4 FERNANDO COSTA IM DELIZIA Assistant City Manager Pri cip 1 Date: S Zi G Date: O/06" AT TES g, 0 ATTEST: By: By: Mary J. kaysevUjl Name City Secretary �XAS Title APPROVED AS TO FORM AND LEGALITY: By. 0,7� 11_ Arthur N. Bashor City Attorney CONTRACT AUTHORIZATION: M&C: n 9— Date Approved: Form 1295 Certification No. 99� OFFICIAL RECORD CITY SECRETARY FT. WORTH, U DELIZIA CONSULTING SERVICES Professional Services Agreement—General Page 9 of 10 Rev. 12/2015