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HomeMy WebLinkAboutContract 34347 Ci T Y SECRETARY CONTRACT NO. STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § SERVICES AGREEMENT FOR EMPLOYEE TRAINING This agreement ("Agreement"), authorized by Fort Worth City Council on October 31, 2006 via M&C P-10478 is made between the City of Fort Worth, Texas, a home rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "City", and International Ford Group, L.L.C., hereinafter called "IFG" IFG and City may be referred to herein individually as a party or collectively as the parties. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenant and agree as follows: Section 1. The Scope of Services In consideration for, and subject to, the mutual undertakings set forth herein, IFG agrees to provide the Services described in this Agreement and as outlined in Exhibit A, "Scope of Services", attached hereto. Section 2. Term and Termination The term of this Agreement shall begin on the date it is fully executed by both parties. The term of this Agreement shall be for one year or until the completion of the subject matter contemplated herein,whichever occurs first. City may terminate this Agreement for any reason, at any time,with or without cause, or for the convenience of the City by ten (10) days' notice in writing to IFG. Upon the receipt of such notice, IFG shall immediately discontinue all services and work in connection with the performance of this Agreement. If the City terminates this Agreement for convenience pursuant to this Section, the City shall pay IFG for services actually and satisfactorily performed in accordance herewith prior to such termination, in accordance with a final statement submitted by IFG documenting the performance of such work. IFG shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. City may terminate this Agreement upon a material breach of the Agreement by IFG that has not been cured within thirty(30) days following its receipt of written notice of such breach. This Agreement may be terminated by IFG upon a material breach of the Agreement by City(including without limitation failure to pay all fees and expenses when due) which has not been cured within thirty(30) days following its receipt of written notice of such breach. IFG&CFW �,� r% a l6 TPW TRAINING ' t, v�� J NOVEMBER2006 Page I of 5 ..,. apQN x ��jj IIU_II � 7 Yo '�:'V'1�UUuf I J�o Section 3. Fees and Expenses, Invoicing and Payment For and during the term of this Agreement, the City will pay IFG the Fees specified on Exhibit B hereto ("Schedule of Fees") based on the completion of all of the services in each step of the fee schedule. In the event the scope of services is modified, the City and IFG shall mutually agree in writing of the cost for such modified services. Total compensation to be paid to IFG under this Agreement shall not exceed Thirty-nine Thousand Three Hundred Dollars ($39,300) unless this Agreement is amended in writing. Section 4. Independent Contractor The relationship of IFG (or any of its officers, directors, or employees) to City(or any of its officers, directors, or employees) is intended to be only that of an independent contractor and service provider and not employee, agent, fiduciary or other similar relationship. The doctrine of respondeat superior shall have no application as to the relationship between IFG and the City. Section 5. Complete Agreement; Governing Law;Venue; Compliance with Laws; No Assimnent, Amendment This writing contains the entire agreement of the parties with respect to the matters dealt with herein, supersedes all previous agreements between the parties with respect to the matters dealt with herein, and there are no promises, understandings, or agreements of any kind pertaining to this Agreement other than stated herein. This Agreement will be construed and enforced in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision 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. The parties agree to comply with all provisions of law applicable to this Agreement and the services to be performed hereunder and with all applicable rules, regulations, orders, and directives of all governmental bodies having jurisdiction. IFG may not voluntarily or involuntarily assign its rights or delegate its duties under this Agreement to any person without the prior written consent of the City. This Agreement may be amended only in writing and signed by the parties hereto. Section 6. Insurance IFG shall secure and maintain insurance through an insurance company authorized to write casualty insurance in the City of Fort Worth. Any such policy shall protect IFG and the City from fire and extended coverage losses, and from claims for bodily injury, death or property damage that may arise from performance under this Agreement. All insurance policies must be approved and accepted by the City, and shall name the City of Fort Worth as an additional named insured. The policy shall be issued by a Surety authorized to do business in the State of Texas and have an "A best" rating of at least AA-". IFG will not commence performance under the agreement until it has obtained all insurance required by this Section and filed a certificate of insurance or certified copy of the IFG&CFW TPW TRAINING NOVEMBER 2006 Page 2 of 5 insurance policy with the City. Each insurance policy will contain a clause providing that the insurance company will not cancel the policy without ten (10) days prior written notice to the City of its intention to cancel. The amount of such insurance coverage will not be less than the following: Worker's Compensation and Employer's Liability Insurance (unemployment compensation)as required by the State of Texas. Public Liability, Bodily Injury and Property Damage: (I) Injury or death of one or more persons in a single accident- $500,000.00 Property damage- $1,000,000.00 Section 7. Indemnity IFG will indemnify, save, and hold harmless the City, its officers, agents and employees from all claims or damages or injuries sustained by persons or properties that occur as a result of the acts or omissions on the part of the IFG, it's agents or employees in the performance of this Agreement. This indemnification will include, but is not limited to, payment of all costs and reasonable attorney fees. Section 8. Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Section 9. Minority and Women Business Enterprise Participation In accord with City of Fort Worth Ordinance No. 15530,the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. IFG acknowledges the M/WBE goal established for this contract and its commitment to meet that goal.Any misrepresentation of facts(other than a negligent misrepresentation)and/or the commission of fraud by IFG may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three(3)years. Section 10. No Third-Party Beneficiaries This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner,be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. IFG&CFW ^ TPW TRAINING g NOVEMBER2006 CITY Page 3 of 5 Section 11. Notices All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing,by certified mail,postage prepaid, or by hand delivery: City: IFG: City of Fort Worth Transportation&Public Works Department International Ford Group,LLC: Attn:Director Attn: 1000 Throckmorton Fort Worth,TX 76102 Section 12. Right to Audit IFG 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 any directly pertinent books, documents, papers and records involving transactions relating to this Agreement. IFG agrees that the City shall have access during normal working hours to all necessary IFG facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this Section. The City shall give IFG reasonable advance notice of intended audits. IFG further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subconsultant reasonable advance notice of intended audits. IFG and subconsultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse IFG and any subconsultants for the costs of copies at the rate published in the Texas Administrative Code. (Remainder of Page Intentionally Left Blank) IFG&CFW TPW TRAINING NOVEMBER 2006 Page 4 of 5 The Agreement set forth herein is hereby agreed to and accepted this I day of 2006. Attest: CITY OF FORT RTH M Hendrix 61c A.[Ott v City Secretary Assistant City Manager Authorized: 0_ ApproVed as to Form and Legality: Recommended: �r y J. s y Robert Goode, Director Assist t City Attorney Transportation &Public Works International Ford Group, LLC By: 114 Title: TPW TRAINING NOVEMBER2006 'C)T Page 5 of 5 5 �, Scope of Services Management Plan TPW Street Services Division EXHIBIT A -- SCOPE OF SERVICES Proiect Goals Develop and assist in the implementation of a Management Coaching and Relationship Management Plan, for TPW Street Services Division. Key aspects of the plan should: • Address leadership and employee concerns identified by employees through feedback meetings and training programs • Clarify policy and procedures • Bridge the professional development training gap for leaders • Re-focus leaders and employees on a team effort • Improve the work environment and increase productivity • Finalize five year training plan • Ensure appropriate change management is occurring • Ensure the City of Fort Worth's, " A Class ACT Vision," is reinforced through ACCOUNTABILITY- CHARACTER-TRUST building. Deliverables Task 1 • Meetings with TPW Street Services management to discuss a plan that will be communicated to employees. Get buy-in and commitment for the plan • Meetings to discuss agreed upon plan with designated leaders & employees Suggested meeting topics: - Clarification of key issues - Address findings of the feedback meeting - Conclusions made as a result of the feedback meetings - Recommendation of the committee - Acknowledgement of support for the leader - Acknowledgement of concern for employees issues - Re-focusing the group on the new direction of the team - Explanation of what will happen next - Review of current open door policy D hC'_JikI 1`i E. 0 u Expected deliverable: Develop a summary report (PowerPoint or similar bulleted format) and present the three (3) month management coaching plan and relationship management plan and show how it relates to the City Manager's, "A Class ACT" initiative and TPW's core values of Honesty and Respect. Task 2 Implement the three-month plan including on-site management to assist the division in its day to day management processes: • Identify and designated an on-site management coach to be a mentor to Street Services leaders and managers providing mentoring skills in the areas of- - Building productivity through mutual respect - Communicating with tact and skill - Managing change - Problem solving techniques - Teambuilding - Eliminating harassment in the work place - Coordinate review of staffing service policies - Coordinate review of human resources disciplinary policies - Provide on-site assistance and advice as issues arise during day to day activities. • During this three month period, meet with designated employees to determine what is working well and what needs improvement in the work environment. Task 3 Final Deliverables A written summary report that presents an overall evaluation of the division as well as go forward plan for ongoing Management Coaching and Relationship Management in the Street Services Division (TPW), 2 V�XU v' y'.'�7 EXHIBIT B -- FEE SCHEDULE Professional Fee for Scope of Services and Prices: All services listed in Task 1, Task 2, and Task 3 will be charge at the standard consulting hourly rate $150/hr. services include: Preparation of coaching materials Review of current policies and applicable materials One on one coaching sessions Meetings and meeting preparation Report writing Finalize five year training plan Payment Terms: For actual worked performed on receipt of invoice 3 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/31/2006 DATE: Tuesday, October 31, 2006 LOG NAME: 13P06-0242 REFERENCE NO.: **P-10478 SUBJECT: Authorize the Execution of a Professional Services Agreement and Increase to an Existing Purchase Order with International Ford Group, LLC, for a Management Training Program for the Transportation/Public Works Department RECOMMENDATION: It is recommended that the City Council authorize the execution of a professional services agreement and increase to an existing purchase order with International Ford Group, LLC, for a management training program for the Transportation/Public Works Department (T/PW) for a total purchase order not to exceed $39,300. DISCUSSION: T/PW has and will use this agreement to help develop and assist in the implementation of a Management Coaching and Relationship Management Plan. The plan will address leadership and employee concerns to improve the work environment with the goal of increasing productivity. On June 9, 2006, the Purchasing Manager awarded a purchase order to International Ford Group for development of a managerial training program for the Transportation/Public Works Department at cost of $24,900. In accordance with the Local Government Code and City of Fort Worth purchasing regulations, administrative approval only is needed for contracts in the amount of less than $25,000. This request will allow T/PW to expand the purchase order and execute a professional services agreement to include the implementation of the managerial training program by International Ford Group. International Ford Group agreed to implement the training phase of the agreement for a cost of $150 per hour. T/PW and International Ford Group agreed to 96 hours of training for a cost of $14,400. The total cost of developing and implementing the managerial training program will be $39,300. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/ BE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the operating budget, as appropriated, of the General Fund. BQN\06-0242\DHM http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007 Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0201000 $39,300.00 Submitted for City Manager's Office by. Karen Montgomery (6222) Originating Department Head: Richard Zavala (Acting) (8313) Additional Information Contact: Jack Dale (Acting) (8384) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007