HomeMy WebLinkAboutContract 51935 CITY SECRETARY
ONTRACT NO. 51q 3 5
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL 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 Fernando Costa its duly authorized Assistant City Manager, and Jeff Cole Group, LTD
(`Consultant"), a Ohio LTD and acting by and through Jeff Cole its duly authorized President, each
individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Professional Services Agreement;
2. Exhibit A—Scope of Services; and
3. Exhibit B—Verification of Signature Authority Form.
Exhibits A and B,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 and B 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.
The consultant will provide the City with professional consulting services for lean six sigma
training, to include lean courses and other presentation and training services. Exhibit "A," - Scope of
Services more specifically describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on February 1,2019(`Effective Date")and shall expire on January 31,
2020 (`Expiration Date"), unless terminated earlier in accordance with this Agreement (`Initial Term").
City shall have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions, for up to one,one-year renewal.
3. COMPENSATION.
City shall pay Consultant in accordance with the fee schedule of Consultant personnel who perform
services under this Agreement in accordance with the provisions of this Agreement. Total payment made
under this Agreement for the first year by City shall be in an amount up to Sixty-Thousand Dollars and
00/100($60,000.00). Consultant shall not perform any additional services or bill for expenses incurred for
City 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 Consultant not specified by this
Agreement unless City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice. 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 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 Consultant of such occurrence
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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 Consultant for services actually rendered up to the effective date of
termination and Consultant 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, Consultant shall provide 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 City in a
machine readable format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL MFORMATION.
5.1 Disclosure of Conflicts. Consultant hereby warrants to 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 City ill writing.
5.2 Confidential Information. Consultant, 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 Public Information Act. City is a government entity under the laws of the State of Texas
and all documents held or maintained by City are subject to disclosure under the Texas Public Information
Act. In the event there is a request for information marked Confidential or Proprietary,City shall promptly
notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure.A determination
on whether such reasons are sufficient will not be decided by City,but by the Office of the Attorney General
of the State of Texas or by a court of competent jurisdiction.
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 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 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.
Consultant 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 Consultant involving transactions relating to this
Agreement at no additional cost to City. Consultant agrees that 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. City shall give Consultant
reasonable advance notice of intended audits.
Professional Services Agreement Page 2 of 13
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant 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,
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, consultants and
subConsultants. Consultant acknowledges that the doctrine of respondeat superior shall not apply as
between City, its officers, agents, servants and employees, and Consultant, its officers, agents,employees,
servants,Consultants and subConsultants. Consultant further agrees that nothing herein shall be construed
as the creation of a partnership orjoint enterprise between City and Consultant. It is further understood that
City shall in no way be considered a Co-employer or a Joint employer of Consultant or any officers,agents,
servants,employees or subConsultant of Consultant. Neither Consultant,nor any officers,agents,servants,
employees or subConsultant of Consultant shall be entitled to any employment benefits from 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 subConsultant.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- CONSUL TANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY L OSS,PROPERTY DAMAGE AND/OR PERSONAL INJUR Y,INCL UDING
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. CITYAGREES-THAT CONSULTANT WILL NOT
BE LIABLE FOR ANY LOST PROFITS, OR FOR ANY CLAIM OR DEMAND AGAINST
CITY BY ANY OTHER PARTY. IN NO EVENT WILL CONSULTANT BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF CITY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT, IN THE EXERCISE OF ITS
BUSINESS JUDGMENT, SHALL BE SOLELY RESPONSIBLE FOR THE USE OF THE
INFORMATION,ADVICEAND RECOMMENDATIONS PROVIDED BYCONSULTANT.
8.2 GENERAL INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND 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(INCL UDINGALLEGED DAMAGE OR LOSS TO CONSUL TANT'S BUSINESS
ANO ANYRESULTING LOSTPROFITS)AND/OR PERSONAL INJURY,INCL UDINGDEA TH, TO
ANYAND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CAUSED BY THE NEGLIGENTACTS OR OMISSIONS OR MALFEASANCE OF
CONSULTANT,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION—Consultant 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 Consultant bears the cost and expense of payment for claims or actions
against City pursuant to this section, Consultant 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
Professional Services Agreement Page 3 of 13
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
Consultant 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,
Consultant shall fully participate and cooperate with City in defense of such claim or action.
City agrees to give Consultant 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 Consultant'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, Consultant shall, at its own expense and as City's sole remedy, either: (a)
procure for City the right to 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 Consultant terminate this Agreement, and refund
all amounts paid to Consultant 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. Consultant 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 Consultant under which the
assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. Consultant
and Assignee shall be jointly liable for all obligations of Consultant under this Agreement prior to the
effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,sub Consultant shall execute a written
agreement with Consultant referencing this Agreement under which sub Consultant shall agree to be bound
by the duties and obligations of Consultant under this Agreement as such duties and obligations may apply.
Consultant shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Consultant shall provide City with certificate(s)of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$1,000,000- Aggregate
(b) Automobile Liability: Waived.
Professional Services Agreement Page 4 of 13
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$1nnnn,000 Bodily -,=,jury by disease; eaeh employee
$500,00() Bodilyznjufy by disease; peliey limit
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name 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.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to 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 Street, Fort Worth,Texas 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) 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- V11 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.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Consultant has obtained all required
insurance shall be delivered to the City prior to Consultant proceeding with any
work pursuant to this Agreement.
Professional Services Agreement Page 5 of 13
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Consultant 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 Consultant of any violation of such laws,ordinances,rules
or regulations,Consultant shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subConsultants 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, SUBCONSULTANTSS OR SUCCESSORS IN
INTEREST, CONSULTANT 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
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:
T o CITY: To CONSULTANT:
City of Fort Worth Jeff Cole Group
Attn: Fernando Costa,Assistant City Manager Attn: Jeff Cole
200 Texas Street 2160 Belleville Lane
Fort Worth, TX 76102-6314 Centerville,OH 45459
Facsimile: (817)392-8654
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither 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.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.
Professional Services Agreement Page 6 of 13
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 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 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/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.
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, 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 and B.
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.
Professional Services Agreement Page 7 of 13
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between 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. 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.
Consultant 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 Consultant's option, Consultant 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 Consultant for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Consultant shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon
request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Consultant shall adhere to
all Federal and State laws as well as establish appropriate procedures and controls so that no services will
be performed by any Consultant employee who is not legally eligible to perform such services.
CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Consultant, shall have the; right to immediately terminate this
Agreement for violations of this provision by Consultant.
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 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,
Consultant 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.
Professional Services Agreement Page 8 of 13
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 Consultant 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
Consultant 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 Consultant 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
Consultant 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 terms in Section 808.001 of the Texas Government Code. By signing this contract,
Consultant certifies that Consultant's signature provides written verification to the City that
Consultant:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
day of gP—V 2011
(signature page follows)
Professional Services Agreement Page 9 of 13
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a
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
By.
� this contract, including ensuring all performance and Name: Fernando Costa reporting requirements.
Title: Assistant City Manager
Date: ,Z�,sZ/-j By: /'/M
NAS. A&4yst Sloane
APPROVAL RECOMMENDED: Title: Performance Administrator
APPROVED A TO FORM AND LEGALITY:
By:
Nam : Lynda John n
Title: Performance&Budget Director By:
meSt: Jon B. g
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
By: FO r. C. _
Nalnef: Ma er Gy
Title: Ci ecretary 6:
jt
CONSULTANT: A$
J EFF COLE GROUP,LTD
By:
Ne: nreente
Ti le
Date: x-171�t9
OFFICIAL RECORD
Professional Services Agreement CITY SEGREWARY
FT. WORTH.TX
EXHIBIT A
SCOPE OF SERVICES
Following are planned services and costs for the Jeff Cole Group, Ltd.to provide to the City of Fort Worth,Texas.
TRAINING &COSTS:
2 Lean Yellow Belt Sessions(1 Spring 2019,1 Fall 2019)
• Session 1(up to 13 students): .................................................$13,500
• Session 2(up to 13 students): ..............................................$13,500
• Students(14-25):....................................................................... $750/per student
• Ex: 2 Classes of 25: Students 1-13: $13,500+(12 *$750)=$22,500 Total,x 2 Sessions=$45,000
Custom Training Presentations on Process Improvement as listed in Exhibit A(Summer 2019):
• Presentations+travel allowance..............................................Not to Exceed$15,000
• Content,dates,and number of students to be determined
TOTAL TRAINING COST NOT TO EXCEED$60,000
PAYMENT TERMS:
Client to be invoiced after completion of each event. Payment terms are Net 30. Please make payment to: The
Jeff Cole Group, Ltd.
Lean Yellow Belt Sessions to include:
• Minor material customization
• Pre-course survey
• Pre and post-course videos
• Hard-copy Student binders
• Yellow Belt tools and templates
• Yellow Belt Exam,evaluation and reporting
• Yellow Belt certification
• Exercise materials
• (1)instructor including all travel expenses to Fort Worth,Texas
Custom Training Presentations to Include
• Custom development of presentation and any handouts
• (1)presenter including all travel expenses to Fort Worth,Texas
• E-Copy of the presentation and handouts
Ft.Worth to handle all costs and logistics associated with providing:
• Training facility (preferred layout to be provided by instructor)
• Projector and screen
• Flipcharts or whiteboards and markers
• Table and chair for instructor
• Any meals or refreshments for students
• Access to a photocopier
• Point of contact for logistics and receiving shipped student materials
Vendor Services Agreement—Exhibit A Page 11 of 13
• Student email addresses for pre and post-course surveys&communications
• Any costs associated with ADA compliance for the event
Additional Available Services:
• Project Coaching(On-site or Virtual)
• Leadership Coaching(On-Site or Virtual)
• Lean and Six Sigma Consultation [ex: MSA or DOE strategies,Control Charting,etc.]
• Lean Six Sigma Training(Online and classroom—White Belt to Master Black Belt)
• Change Management Training and Consultation
• Data Analysis
• Customer or Employee Survey Design and Analysis
• Process Mapping
• Kaizen Event Facilitation
• Shared Expectations Facilitation [Customer/Supplier Relationship Building]
• Alignment Model&Balanced Scorecard Consultation/Facilitation
• Professional Development Process
• Custom LSS Videos&e-Courses
• Additional Training:
0 8D
o Change Management Overview
o FMEA
o Basic Statistics
o Introduction to Minitab/Introduction to SigmaXL
o LSS Champion Training
o Quality Function Deployment(DFSS)
o Statistical Process Control
o Individual Tools Training
o Creative Thinking
o Monte Carlo Simulation
o Custom Presentations
Vendor Services Agreement—Exhibit A Page 12 of 13
EXHIBIT B
VERIFICATION OF SIGNATURE AUTHORITY
Consultant 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 Consultant and to execute any agreement,amendment or
change order on behalf of Consultant. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Consultant. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Consultant.
Consultant 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 Consultant.
1. Name:
Position:
—VV Z'�
Signat e
2. Name.
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature f r nt!CEO
Other Tit : �l dti L�
Date: -2-1 �-2�I q
Vendor Services Agreement—Exhibit B Page 13 of 13