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HomeMy WebLinkAboutContract 51292 CITY SECRETARY CONTRACT NO.v ... VENDOR SERVICES AGREEMENT Q 3'an S. Cook-Project Management and Project Management Professional(PMP) Certification Course This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through its duly authorized Assistant City Manager, and Bryan S. Cook, an individual ("Vendor), each individually referred to as a"party"and collectively referred to as the"parties,"to be effective as of the effective date described herein. AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Price Schedule; and 4. Exhibit C—Verification of Signature Authority Form. Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Provide Project Management Professional (PMP) Certification multi-day training. Exhibit "A,"- Scope of Services more specifically describes the services to be provided hereunder("Services"). 2. TERM. This Agreement shall begin on the Effective Date,as described herein, and shall expire upon the completion of the Services or thirty days after the Effective Date,whichever shall occur first("Expiration Date"),unless terminated earlier in accordance with this Agreement. 3. COMPENSATION. City shall pay Vendor as per the fee schedule provided in Exhibit `B,"—Price Schedule. Total payment under this Agreement shall not exceed the amount of Seventeen thousand,seven hundred and forty-five Dollars ($17,745.00). Vendor shall not perform any additional services or bill for expenses incurred not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. City or Vendor 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 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence Vendor Services Agreement CITY SECRETARY Page 1 of 15 F7.W4RTNI TX and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason,Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement.In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,agrees that it shall treat all information provided to it by City ("City Information') as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access.Vendor 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.Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event,Vendor shall,in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor agrees that City shall, until the expiration of three(3)years after final payment under this contract,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records,including, but not limited to,all electronic records,of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor 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, consultants and Vendor Services Agreement Page 2 of 15 subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any officers,agents,servants,employees or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City. Vendor 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 subVendor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- VENDOR SHALL BE LJABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR 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 VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION- VEND ORHEREBYCOVENANTSAND AGREES TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FR OM AND A GA INS T AN Y AND A LL CLAIMS OR LAWSUITS OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to Vendor Services Agreement Page 3 of 15 continue to use the software and/or documentation;or(b)modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid to Vendor by City,subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of City.If City grants consent to an assignment,the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Insurance requirements have been waived for this agreement. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES,ASSIGNS,SUBVENDORSS OR SUCCESSORS IN INTEREST,VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD 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 Vendor Services Agreement Page 4 of 15 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 CITY: To VENDOR: City of Fort Worth Bryan S.Cook Attn: Michael Owen,Engineering Manager 11267 W Petunia Drive 200 Texas Street Boise,Idaho 83709 Fort Worth,TX 76102-6314 Facsimile:N/A Facsimile: (817)392-8654 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Vendor 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.Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Vendor 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 City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/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 pursuant to 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 MAJEURE. Vendor Services Agreement Page 5 of 15 City and Vendor 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, 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, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B,and C. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A, B and C,contains the entire understanding and agreement between City and Vendor, 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. 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 one and the same instrument. 25. WARRANTY OF SERVICES. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30)days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or (b)refund the fees paid by City to Vendor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Vendor Services Agreement Page 6 of 15 Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation,created,published,displayed,and/or produced exclusively for City in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression(whichever occurs first).Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. Vendor retains ownership rights of any and all documents, displays, training aids and the like which Vendor has created, obtained or which are specifically detailed in Attachment A and which are not otherwise construed or could be construed as Work Product. 28. SIGNATURE AUTHORITY. The person signing this Agreement 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.This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9,documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Vendor Services Agreement Page 7 of 15 Vendor 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. The terms"boycott Israel"and"company"shall have the meanings ascribed to those t8rms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. ACCORDINGLY,the parties hereto have duly executed this Agreement which becomes effective on the date subscribed by the City's designated Assistant City Manager("Effective Date"). (signature page and Attachments/Exhibits follow) Vendor Services Agreement Page 8 of 15 ACCEPTED AND AGREED: CITY OF FORT WORTH: 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 N By. e: usan Alanis reporting requirements. ' Tit A sistant City Manager Date: By. 7•-?v--�C7 Name: Michael Owen APPROVAL RECOMMENDED: Title: Engineering Manager APPROVED AS TO FORM AND LEGALITY: By: Name: ouglas W. Wiersig Title: Director, TPW By: Name: Douglas Black ATTEST: Title: Assistant City Attorney i CONTRACT UTHORIZATION: By: FO �, &c: 1/ arre: M s Title: City cretary a: * 2 ).;L.......... VENDOR: ►S Bryan S. Cook ATTEST: ">, >, ( x By: By: Name: Name: Bryan S. Cook Title: Title: Sole Proprietor Date: September 19, 2018 OFFICIAL RECORD sEel-Vendor Services Agreement g 9 of 15 EXHIBIT A SCOPE OF SERVICES Project Management and Project Management Professional (PMP) Certification Course- City of Fort Worth, Texas Offered By Bryan S. Cook Project Training Solutions BACKGROUND The Project Management Professional (PMP)® is the most important industry- recognized certification for project managers. You can find PMPs leading projects in nearly every country and, unlike other certifications that focus on a particular geography or domain, the PMP® is truly global. The PMP can also provide a significant advantage when it comes to salary and earning potential. Among survey respondents to PMI's Earning Power Salary Survey, those with a PMP certification garner a higher salary (20% higher on average) than those without a PMP certification. The City of Fort Worth benefits as well. When more than one-third of their project managers are PMP-certified, organizations complete more of their projects on time, on budget and meeting original goals. (Pulse of the Profession® study, PMI, 2015.) Approximately two out of five candidates fail their first attempt at the PMP exam. The City of Fort Worth's PMP Certification course continues to be very successful with almost all candidates passing on the first try. The course scheduled for April 16-20, 2018, provides the following: This is a 35 hour course over four days and based on a proven trilogy of: 1. PMBOK instruction and presentations; 2. Real life case studies for each of the ten PM knowledge areas; and, 3. Exercises and applications in the 49 PM processes. This is a fully comprehensive and effective Project Management/PMP Certification Preparatory course that will include the following: 1. PMBOK 6th edition Text 2. Agile Practice Guide Text 3. 13 PMBOK written practice tests 4. Website that includes online practice exams, questions and answers, dictionary, and flash cards 5. Flash Drive of the course material and Project Management Best Practices Forms, Tools and Techniques for participant use (approximately 180 files) Vendor Services Agreement—Exhibit A Page 10 of 15 6. Project Management Course Certificate 7. Case Studies, basic and advanced 8. Coffee, sodas, water, and pastries each day 9. Lunch provided on the last day for the Mock PMP Exam (LUNCH Monday through Thursday on your own) COURSE OUTLINE Introduction Why Perform Project Management? Top 10 Reasons Projects Fail Project Success Factors Definition of a Project Definition of Project Management The Five Process Groups Project Management Knowledge Areas Projects, Programs, and Portfolios The Project Life Cycle Project Management Maturity Assessment and Model Project Initiation and Planning Project Risk Management Risk Identification Risk Assessment and Analysis Planning Risk Responses Strategies for Negative Risks or Threats Avoidance Transference Mitigation Acceptance Monitor and Tracking Risks Work Breakdown Structure (WBS) Why use a Work Breakdown Structure? Work Breakdown Structure Guidelines Project Scope of Work Scope Definition Special Considerations Introductory Scope Statement & Objectives Scope Activity Definition Project Scheduling Activity List and Sequencing Leads and Lags Resource Leveling Schedule Compression Crashing the Schedule Fast-tracking Professional Services Agreement MAXIMUS Consulting Services,Inc.,Page 11 of 15 Scheduling Tools Cost Estimating Budget Development Earned Value Management Earned Value Formula and Interpretation Elements of the Project Management Plan 1.0 Project Purpose 2.0 Scope of Services and Work Breakdown Structure 3.0 Schedule 4.0 Budget and Cost 5.0 Document Production, Distribution, and Control 6.0 Project Design Criteria and Technical Requirements 7.0 Stakeholder and Project Team 8.0 Quality Plan 9.0 Procurement Plan (if applicable) 10.0 Change Management Plan 85 11.0 Communication Plan 12.0 Risk Management Plan 13.0 Safety Plan 14.0 Project Closeout Communications Management Audience Information Needs Media Timing Responsibilities Stakeholder Management High Level Stakeholder Analysis Detailed Stakeholder Analysis Power Proximity Receptiveness (rating of 1 to 5) Level of Support (rating of 1 to 5) Level of Support Change Management Submit Change Request Review Change Request Identify Change Feasibility Approve Change Request Implement Change Request Project Execution Project Execution Activities Manage Project Work and Deliverables Status Meetings Scope Change Management Professional Services Agreement MAXIMUS Consulting Services,Inc.,Page 12 of 15 Update Project Management Plan and Schedule Perform Quality Assurance Project Risk Updates Issues Management Produce and Distribute Documentation Project Recovery Process Indicators of a Project in Trouble Top Five Causes of Troubled Projects Troubled Project Steps Recovery Initiation Define the Process with the Sponsor Understand the Project History and Sensitivities Establish Project Team Contact Determine the Assessment Approach Recovery Assessment Recovery Plan Development Recovery Plan Outline and Execution Recovery Closeout Project Monitoring and Controlling Project Monitor and Control Activities Monitor and Control Project Work Perform Integrated Change Control Validate and Control Scope Control Schedule Control Costs Earned Value Management Forecasting Earned Value Variance Analysis Control Cost Performance Reviews Report Performance Monitor and Control Risks Proiect Closeout Project Close-out Lesson Learned Other Close-out Activities Professional Services Agreement MAXIMUS Consulting Services,Inc.,Page 13 of 15 EXHIBIT B PRICE SCHEDULE COURSE COST Cost for Services shall be one thousand, three hundred and sixty-five Dollars $1,365 per participant. Payment for all Services to be provided pursuant to this Agreement shall be made to Vendor by September 28, 2018. Vendor Services Agreement—Exhibit B Page 14 of 15 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name:Bryan S Cook Position: Sole Proprietor Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Date: Vendor Services Agreement—Exhibit C Page 15 of 15