HomeMy WebLinkAboutContract 49701 CITY SECRETARY
CONTRACT NO..
AGREEMENT
THIS AGREEMENT is made and entered into thisay of SPA. , 2017
("Effective Date"), by and between the City of Fort Worth, Texas, a municip 1 corporation
(hereinafter referred to as"City"), and Management Partners, Inc., (hereinafter referred to as
"Partners").
RECITALS
WHEREAS, City is desirous of improving the efficiency and effectiveness of its
operations, and
WHEREAS, City desires to engage Partners to assist City as part of the Midwest
Benchmarking Partnership Project, and to render certain management and analytical services
in connection therewith and Partners is willing to provide such services, and
NOW THEREFORE, in consideration of the premises and mutual obligations herein,
the parties hereto do mutually agree as follows:
1. Scone of services. Partners shall perform management consulting services
(hereinafter referred to as the"Services") in a satisfactory and proper manner in accordance
with direction provided by the City's City Manager, or his designee.
The services provided will be those described in Attachment A,the Partners proposal
to City dated May 15, 2017, which is incorporated for all purposes.
2. Time of Performance. This Agreement shall commence upon the Effective Date
of the Agreement,and continue in effect for a period of one (1)year or until such time as
Services are completed under this Agreement. The parties may agree in writing to renew the
Agreement for one(1)additional year if necessary to complete Services. Services of Partners
shall be available upon receipt of an approved copy of this Agreement,and shall be
undertaken and completed in accordance with individual project plans of work as to assure
their completion in a time frame consistent with the purposes of this Agreement.
3. Comnensation and Method of Payment. Partners will invoice City for
$3,975.00 after the Effective Date of this Agreement and $3,975.00 upon completion of
the meeting of the managers to discuss the results of data collection an analysis. The
total amount of payment in accordance with this Agreement shall not exceed $7,950. No
additional costs will be due from City unless agreed to in an Amendment to this
Agreement.
4. Independent Partners. Neither Partners nor its employees are considered to be
o es of the City, for any purpose whatsoever. Partners is an independent contractor in
e p ance of the services herein described. Partners acknowledges that the doctrine of
!Npon uperior shall not apply as between the City, its officers, agents, servants and
��C,�' ► ye nd Partners, its officers, agents, employees, servants, contractors and
CIO �< o �tr rs. Partners further agrees that nothing herein shah be construed-as' the creation
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�6. PS een CFW& Management Partners, Inc. CITY S6CR!"tARY 1 of 6
ford 91 n Copy 9/19/17
FT.WORTH,TX
of a partnership or joint enterprise between City and Partners. It is further understood that
the City shall in no way be considered a Co-employer or a Joint employer of Partners or any
officers, agents, servants,employees or subcontractors of Partners.Neither Partners, nor any
officers, agents, servants, employees or subcontractors of Partners shall be entitled to any
employment benefits from the City. Partners 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.
5. Personnel. Partners represents that it has, or will secure at its own expense, all
personnel required in performing all of the services required under this Agreement. Such
personnel shall not be employees of or have any contractual relationships with the City. All
the services required hereunder will be performed by Partners or under its supervision and all
personnel engaged in the work shall be fully qualified and shall be authorized or permitted
under state and local law to perform such services.
City actively supports the Immigration&Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and
nondiscrimination. Partners shall verify the identity and employment eligibility of all
employees who perform work under this Agreement. Partners shall complete the
Employment Eligibility Verification Form(I-9), maintain photocopies of all supporting
employment eligibility and identity documentation for all employees, and upon request,
provide City with copies of all 1-9 forms and supporting eligibility documentation for
each employee who performs work under this Agreement. Partners shall establish
appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Partners shall provide City
with a certification letter that it has complied with the verification requirements required
by this Agreement. Partners shall indemnify City from any penalties or liabilities due to
violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Partners.
6. Discrimination Prohibited. In performing the services required hereunder,
Partners shall not discriminate against any person on the basis or race, creed,color,religion,
sex, national origin or ancestry, familial status, sexual orientation, transgender, gender
identity, gender expression, age,physical handicap,or disability as defined in the American
with Disabilities Act of 1990, as now enacted or hereafter amended.
7. Reports and Information. At such times and in such forms as City may require,
there shall be furnished to City such statements, records,reports, data and information, as
City may request pertaining to matters covered by this Agreement. Unless authorized by
City,Partners will not release any information concerning the project, including any reports
or other documents prepared pursuant to this Agreement.
8. Establishment and Maintenance of Records. Partners shall maintain records in
accordance with applicable law and requirements prescribed by City with respect to all
matters covered by this Agreement. Except as otherwise authorized by City, such records
shall be maintained for a period of three (3)years after receipt of final payment under this
Agreement.
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9. Assiunability. Partners shall not assign any interest in this Agreement and shall
not transfer any interest in this Agreement(whether by assignment or novation),without the
prior written consent of City thereto.
10. Termination for Convenience of City. City may terminate this Agreement at
any time by giving at least fifteen (15)days' notice in writing to Partners. If Partners is
terminated by City as provided herein, Partners will be paid for the services actually
performed to the time of termination, but only up to the total amount provided in section 3 of
this Agreement.
11. Construction and Severability. If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or enforceability of any
other part of this Agreement so long as the remainder of the Agreement is reasonably capable
of completion.
12. Entire Agreement. This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings,oral or written,whether
previous to the execution hereof or contemporaneous herewith.
13. Applicable Law. This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Texas.
14. Notice. 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: City Manager at same address
200 Texas Street
Fort Worth TX 76102
Facsimile: (817)392-8966
TO PARTNERS:
Management Partners
Attn: Gerald E.Newfarmer
1730 Madison Road
Cincinnati, Ohio 45206
Facsimile: 513-861-3480
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. Israel. Partners acknowledges that in accordance with Chapter 2270 of the Texas
Government Code,the City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract.
PSA between CFW&Management Partners, Inc. 3 of 6
Execution Copy 9/19/17
The terms"boycott Israel" and"company" shall have the meanings ascribed to those terms in
Section 808.001 of the Texas Government Code. By signing this contract, Partners certifies
that Partners's signature provides written verification to the City that Partners: (1) does
not boycott Israel, and(2) will not boycott Israel during the term of the Agreement.
17. Right to Audit. Partners 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 Partners
involving transactions relating to this Agreement at no additional cost to the City. Partners
agrees that the City shall have access during normal working hours to all necessary Partners
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 Partners not less
than 10 days written notice of any intended audits. Partners 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 the right to examine at reasonable times any directly pertinent books,
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.
18. Disclosure of Conflicts. Partners hereby warrants to the City that Partners has
made full disclosure in writing of any existing or potential conflicts of interest related to
Partners's services under this Agreement. In the event that any conflicts of interest arise after
the Effective Date of this Agreement, Partners hereby agrees immediately to make full
disclosure to the City in writing.
19. INDEMNIFICATION. PARTNERS HEREBY COVENANTS AND
AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY,ITS
OFFICERS,AGENTS, SERVANTS AND EMPLOYEES,FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO PARTNERS'S BUSINESS,AND
ANY RESULTING LOST PROFITS)PERSONAL INJURY,INCLUDING DEATH,
TO ANY AND ALL PERSONS,AND DAMAGES FOR CLAIMS OF
INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
ACTS OR OMISSIONS OF PARTNERS, ITS OFFICERS,AGENTS,
SUBCONTRACTORS, SERVANTS OR EMPLOYEES.
20. Insurance.
20.1 Partners 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;
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2. Automobile Liability Insurance with a combined limit of not less than $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; and
5. Any other insurance as required by City.
20.2 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.
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,
200 Texas St., 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 Partners has obtained all required insurance
shall be delivered to and approved by the City's Risk Management Division prior to
execution of this Agreement.
IN WITNESS WHEREOF, City and Partners have executed this Agreement as of
the date first above written.
City of Fort Worth,Texas Management Partners,Inc.
Z-AP,�
(s' nat e) Gerald E.Newfarmer, President& CEO
9/20/17
Title 0� ru
ATTEST:
Mar Kays r ?(AS
City Secretary
OFFIPSA between CFW&Management Partners, Inc. RETARD
CITY SE 5 of
Execution Copy 9/19/17 [T�'SECRETARY
FT. WORTH,TX
APPROVED AS TO FORM AND LEGALITY:
By:
Jessica Sangsv
Assistant Ci ttorney II
Form 1295 Certification No. N/A
M&C: No: N/A
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
t
Name:
Title: P r--)fry&nCt 0- J'311 CUfD -
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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Execution Copy 9/19/17
Attachment A
Management
Partners
May 15,2017
Mr. Scott Sanders Mr.Troy Schulte
City Manager City Manager
City of Des Moines City of Kansas City
Mr.David Cooke Mr. Robert Layton
City Manager City Manager
City of Fort Worth City of Wichita
Gentlemen:
Management Partners is pleased to provide this proposal to assist your four cities in structuring
and analyzing services that you have identified as being of particular interest.To get to this
point,we facilitated your initial conference call about the approach,requested and summarized
your responses identifying services of interest, and held follow-up conversations with the staff
contact leader each of you designated to further refine our understanding of your specific areas
of interest.In our calls,each reflected excitement about the possibilities for learning and
organizational improvement offered by this partnership.
Management Partners is well qualified to assist you and your managers in assessing the costs
and techniques you use for service delivery, including reference to best practices, to identify
opportunities for improvement.We have rich experience in both comparative service delivery
analysis and in local government service sharing and organizational improvement.Unlike other
performance measurement initiatives we've all participated in,our intent for this work is to set
up a true partnership between four cities that can lead to serious organizational development of
managers actually involved in leading service delivery.We are excited about the potential for
this project and are eager to facilitate learning among your organizations.
About Management Partners
As you may know,Management Partners was founded in 1994 with a specific mission to help
local government leaders improve their service to the public. We are a national consulting firm
with offices in Cincinnati, Ohio, and San Jose and Costa Mesa, California.We have a well-
established track record of helping public sector organizations throughout the United States,
including all of the services provided by cities, counties, towns and special districts at the local
level.
1730 MADISON ROAD • CINCINNATI,OH 45206 • 513 8615400 • FAx 513 8613480 MANAGEMENTPARTNERS.COM
2107 NORTH FIRST STREET,SUITE 470 • SAN JOSE,CALIFORNIA 95131 • 408 437 5400 • FAx 408 453 6191
3152 RED HILL AVENUE,SUITE 210 • COSTA MESA,CALIFORNIA 92626 • 949 2221082 • FAx 408 453 6191
During our more than 20 years of service,we have earned a national reputation by delivering
quality, actionable work products to our clients.We bring extensive experience to this project,
along with first-hand knowledge of local government operations.We are distinguished by the
fact that each team we assign is led and staffed by associates who have actual experience in
direct public service and experience working together as a team.The work we do is not an
academic exercise;it is grounded in the real world of customer service and accomplishment in
the public sector.As a result, we have a bias for producing value-added work for each client
that will be actionable, and will be implemented.
The firm is staffed with about 80 professionals who are experienced public service managers as
well as qualified management consultants. This group includes generalists as well as subject-
matter experts.Our consultants have years of experience working in all aspects of local
government management and have built a track record of extraordinary quality service for our
clients.
Management Partners has worked with a large number of governments in a variety of different
circumstances to assist in identifying the true costs of service delivery to enable local
governments to take advantage of opportunities for improvement.We have worked with many
communities across the country on the idea of service delivery sharing, which often is the
stimulus for analyzing comparative service delivery techniques and costs.
Project Understanding and Approach
Based on our experience and our understanding of your expectations, we have prepared the
following plan of work.
Activity 1: Start Project
Based on the preparatory work to date,we will propose metrics for the services you want to
compare,which will comprise the work plan for this first engagement. We intend to identify
and define metrics,both standard ones that have appeared elsewhere in various comparative
performance measurement initiatives, and others we think appropriate to give everyone a good
understanding of results.
We will also review relevant publicly available information such as budgets about the services
being compared to complement our understanding of the character of the service in each city.
We will submit recommended metrics to each city for review,then discuss the results with your
project coordinator.We can then finalize and distribute our request for data/information.We
know that the effort associated with this work is in addition to the normal work of your
organizations and we will be respectful of that reality.
Activity 2: Gather Data and Analyze Results
Once we have the information you provide in response, we will compile the data in a way that
clarifies and simplifies a comparison of service delivery methods and costs.As we compile and
normalize the data,we will be looking for differences and similarities that will allow an
understanding and comparison in a way that is helpful in making future decisions.By
normalizing, we mean to create a common comparative framework for the costs and benefits of
each service,to equalize the benefits and actual costs for each.We initiate follow-up inquiries as
necessary,obtain supplementary information, analyze the results, and prepare a draft
summary.
As a result of working with a variety of local governments to help them best use their resources,
we have extensive knowledge about best practices in jurisdictions throughout the country.We
will combine our own knowledge of local government best practices (including reforms that
have been implemented or considered in other cities)with additional research tailored
specifically to each program or service.Although there are not established standards for every
city function, there are several sources in addition to our own work on which we will draw.Our
team also has considerable experience identifying,analyzing and assisting with the application
of common measurement data among local governments.
Activity 3:Report Results
During this activity,we will prepare a document with the results of the comparative analytical
work and our analysis for discussion with each city.That information will be reviewed with the
project coordinator in each jurisdiction,then finalized in a report that can become the basis of a
project review by the city managers.
At the project review conference,which may be appropriate to hold in person,we can discuss
the next steps in the four-city partnership.A logical next step to anticipate would be to arrange
for the managers with responsibility for areas we have studied to meet to add their perspectives
and develop action items that could be pursued by each city.This dimension of the partnership
offers the best opportunity for genuine organizational development, where functional managers
collaborate with their peers who face similar challenges and hear each other's perspectives for
ideas to improve operations.
In any case, the city managers' project review is contemplated to be the milestone result of this
first phase of collaborative work.At the conclusion of that review,Management Partners will
prepare a work plan for a second phase for consideration by the leaders.
Project Team
Management Partners has a strong project team that is well qualified to complete this work for
the participating cities.This project will be a top priority for Management Partners and our
team members will be available in whatever capacity and with whatever availability will
contribute to the success of the project.Jerry Newfarmer will serve as project director and will
oversee the substantive work of the project.Kevin Knutson will serve as project manager and
will be responsible for the execution of the project.They will be supported by Jacquelyn
McCray and Sam Lieberman. The qualifications of each team member are summarized below.
Jerry Newfarmer,President and CEO,founded Management Partners in 1994 after many years
of public management leadership in California and Ohio.He is a national leader in local
government performance management, and he has led his firm to nationally recognized
expertise in quality leadership of all forms of local government.Jerry served as city manager in
Fresno and San Jose,California;and Cincinnati,Ohio.He was assistant city manager of
Oakland,California,which was the chief operating officer role.He has been a key presence in
the International City/County Management Association, and was team leader of the State-Local
Relations Team of the National Performance Review.He currently serves as Executive Director
of the Large Cities Executive Forum, and has received the ICMA designation as a Credentialed
Manager.
Kevin Knutson,Regional Vice President,has more than 20 years of experience in local
government,including ten years in strategic planning,budget,performance measurement, and
process improvement and six years in community relations, communications, and citizen
engagement.He is recognized as a national expert in local government performance
management,long-term financial planning, and communications.He was part of a team that
implemented quality management practices in Coral Springs,Florida that led to the City being
the first local government to earn the Malcolm Baldrige National Quality Award.Kevin served
as interim city manager, assistant city manager, director of the office of management and
budget,and director of community relations in Reno,Nevada; and as director of
communications and marketing and budget and strategic planning manager for Coral Springs,
Florida. He has earned the designation of Credentialed Manager from ICMA and was named
the City-County Communications and Marketing Association's 2011 Communicator of the Year.
Jacquelyn McCray,Ph.D., Senior Manager,is a professional planner and a certified economic
development professional.She has worked on numerous projects involving development
review, organizational and workflow analyses,performance measurement, strategic
benchmarking and planning,and service sharing.Jacquelyn has expertise in process
improvement and re-engineering of local government development review processes involving
multiple departments and agencies. She also has excellent interview and facilitation skills, and
frequently conducts leadership,employee and stakeholder focus group meetings. Before joining
Management Partners,Jacquelyn held positions as a budget analyst,project manager and land-
use manager with the City of Cincinnati.After concluding her tenure with Cincinnati, she
served as vice chairperson and member of the Cincinnati City Planning Commission for nine
years.Jacquelyn is a member of the American Institute of Certified Planners(AICP).
Sam Lieberman,Senior Management Advisor,is responsible for conducting complex financial
and operational analyses to support many different types of clients including organization
reviews, process improvement studies, service sharing projects, and financial planning and
budgeting studies. He has helped facilitate strategic planning and process improvement
workshops, developed and analyzed strategic planning community input surveys,conducted
research and analyses, assisted in the development of performance measurement systems, and
directed benchmarking research.He also collects,analyzes, and reports data for the annual
Southwest Ohio Fire Benchmarking Project.Recent clients whom he has served include
Berkeley,Carson, San Bernardino,Orange County,Santa Clara Valley Water District, and Zone
7 Water Agency in California;Hartford,Mansfield, and New Haven,Connecticut;Kenton
County and Florence,Kentucky;Kansas City,Missouri;DeKalb County, Georgia;Pinellas
County and Largo,Florida;Phoenix, Arizona;and Hamilton County, Fairfield,Mason,
Montgomery, and Westerville,Ohio.
Hours and Cost
Management Partners anticipates devoting a minimum of 172 hours of our staff time to execute
the plan of work described above.The ultimate test of a quality project is that the client is
pleased with the results, and we are committed to achieving that goal.The total fixed price cost
of this project is$31,800 which would be divided among the four participating governments.
To simplify the contracting approach,it may be easiest for each of you to simply issue a
purchase order(citing this proposal,if appropriate)that we can invoice against. We would bill
one-half of your cost at the outset and one-half upon completion of the meeting of the managers
to discuss the results of data collection and analysis.
We are excited about the potential of this project. We look forward to discussing our approach
and qualifications with you in more detail, and to working with you to make it a success.Please
let me know if there is any other information we can provide.
Sincerely,
Gerald E.Newfarmer
President and CEO
c: Project Leaders
Ms.Laura Graham Ms.Kate Bender
Assistant to the City Manager, City of Des Moines Deputy Performance Officer, City of Kansas City
Ms.Lynda Johnson Ms. Elizabeth Wadle
Chief Performance Officer, City of Fort Worth Senior Budget Analyst,City of Wichita