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HomeMy WebLinkAboutContract 44433 CffY SECRETARY, o CONTR=Nof AGREEMENT EOR PROFESSIONAL SERVICES TI-H A ("'A err ent�� is made and entered into on, day of 2013 by and between THE CITY OF' FORT WORTS:, a home rule *cip l C0 r tion of the State of Texas ("City") acting by and through its day authorized Assi*stant City Manager, and Gary Hernbroth a Training for Winners("Consultant"), RECITALS WHEREAS, City a substantial need to o f ` training, f for the City's P"la Development Department ent for professional development, of staff and to, assist in developing exception customer service skills; WHEREAS, City desires to a professional knowledgeable and ex training services related to providing exceptional customer service and professional development'. ASS, Consultant has represented that it is Imowledgeable and oxpeneno d provi l services of training on exceptional customer service protessional development, d WHEREAS, City and Consultant mutually desire to eater 'into a contract to have Consultant erg training services for the PI Development Department. NOW, T consideration of the mutual covenants herein expressed,, the parties agree as follows. AGREEMENT 1. Services. Consultant agrees to provide training to the City of Port 'Worth Planning � Development staff for Professional Development,t Customer Service Team detailed Exhibit A ached hereto a incorporated herein for purposes rvices employees will be participating 'in this, training as a re part of their duties. City will be responsible for providing appropriate space and any necessary equipment required by Consultant Consultant shall advise City of any needs regarding equipment five days of the first day Servi*ces,will be provided 2. Term. Services shall be provided by Consultant for a term be on e 01, 2013 d ending on November 30, 2013, unless this Agreement is terminated Wilier as provided herein. OFFICIAL RECORD ' I)D Clory SECRETARY Professional ServicesAgreement For.,WORTH,T I of 7 RECEWH ............. lit 0 R m )ROOM dLllJLIPJ o 0 D14 ill I IS W W orp OU ol 1 ikrrlt I I t low v 111 f1pe. slim JAIL 4L WAS n r, AL A A06 m ML Igo R w a M.-IN VIA IF oak IP dd I Elf .� Oo ON • '" #+ 0 This Agreement is made and entered into with reference specifically to Chapter 17, Article III., Division 3, of the City Code of the City, of Fort Worth C' sc , i ion *in Employment Practices"), and Consultant hereby covenants and agrees that Consultant, its agents, employees and subcontractors have fully complied with all provisions of same and that no employee or employee-applicant has been dl*scrn*m* ated agam* st by either Consultant, its agents, employees or subcontractors., 10. to Audit. Consultant agrees that the City shall,, until the expiration of three (3) years, after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records, of the Consultant involving transactions relating to this Agreement. Consultant agrees, that -the City shall have access during normal working, hours to all necessary Consultant 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 Consultant reasonable advance notice of intended audits. Consultant, firther agrees, to clude 'in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor 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 subcontractor involving transactions 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 workspace order to conduct, audits, in compi t lance with the provisions of this paragraph. CAY shall give subcontractor reasonable advance notice of intended audits. This Section 10 shall survive the expiration or termination of this Agreement ins 0 . ^ it. Fiscal Funding.Out. In the event no funds or insunicient funds are appropriated by the City *in any fiscal period for any payments hereunder,., City will notify Consultant, of such occurrence and -this Agreement shall terminate on the last day of the fiscal penoct for wwch 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 shall have been appropriated. 12. Entire'A This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms here f shall be void. 13. Venue and Jurisdiction. Should any action, whether real or asserted, at law or *in equity, V anse out of the execution, performance, attempted performance of this Agreement, venue for said action shal lip i=ant County,Texas. s I fie 14. Noti Notices, to be provided, hereunder shall be sufficient It t ea, to the other party by hand-delivery or via U.S. Postal S,em*ce certified mail, postage pr mod, to the address of the other party shown below, Ptofessional Services,Agreement 4 of 7 City of Fort Worth—Planning&Development Gary Hernbroth 1000 Throckmorton 1125 Sunshine Circle Fort Worth,Texas 76102 Danville,CA 94506 (81 7) 392-8318 (925)736-9392 Ip * a .12 15. Nod.- yen The failure of City or Consultant to insist upon tne performance of any 2 term or provision of this Agreement, or to exercise any rip" t herein conferred shall not be construed as a waiver or relm' qshment to any extent of City's or District's right to assert or rely upon any,such term or right on any future occasion. 16. Disc Loaure of Conflicts. Consultant hereby warrants to the City that Consultant has made full disclosure 'in writing of any existing or potential conflicts of interest related to 0 Consultant's services and proposed services with respect to the Project, In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees V tm 9.0 immediately to make ftAl disclosure to the City in wng. The City acknowledges that Consultant may use products, materials or methodologies proprietary to Consultant. The City agrees that Consultant's provision of services under this # 9 Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials, or methodolo ies, unless the parties have executed a separate written 91 agreement with respect thereto. Notwithstanding the foregoing, Consultant understands and agrees that the City is su-bject to various public information laws and regulations, M" cluding, but not limited to, the Texas Open Records Act. Consultant, for itself and its officers, agents and employees, fiirther agrees that it shall treat all information provided to it by the City as confidential, and shall not disclose any such information to any third party without the prior written approval of the City. 17. Sever abilitL. If any provision of this Agreement is held to be My d, illegal or unenforceable, the validity, legality and enforceability of the ro isions, shall not in any way be affected or .* aired imp 18. Force-M shall exercise their best efforts to meet their .-Aeure. The City and Consultant respective duties and obligations as set forth *in this Agreement, but shall not be held liable for A A I any delay or omission *in performance due to force majeure or ot,ner causes beyond their reasonable control, 'including, but not limited to, compliance with any government law, -4 '10 1 ordinance or regulation, acts of God, acts of omission,, fires, strikes, lockouts, nationai wsasters,,, wars, hots, material or labor restrictions by any governmental authority, transportation problems and/or any other sm"lar causes. 1 1,94 HeadLm s not.Control Headings and titles used in this Agreement are for reference purposes only and shaB not be deemed a part of this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE.] Professional Services,Agreement 5 of 7 S F, parties e did scut W faubipks in F tl CITY OF FORT WORTH GARY HERNBROM DIUVA TRAINING FOR WINN t� pity APPROVED AS TO FORM AM LEGALITY: Y? City Afti�W 4�v:o 4A ;4 May MMi am Kayser � " fill P j(f M secreuy '000 Agmmcnt 0 V MMI OFFICIAL RECO CITy Sf .cRETARY Fare woftl% qY 1125 Sunshine Cuxle rA'Danville,CA 94506 flus Phone/Fax 73 2 a f s-cone*www.trainingforwinners.com ExhibitA Training Program Details Trainin for Winners City of Fort Worth Planning & Departntent April 2 , 2013 Tr uing for Winners Will develop and deliver a customized customer service training program for the City of Fort Worth Planning&Development Department �2013, for its management, supervisory,and line-staff teams. Thi's program will be delivered vii.two 2-hour workshops in June followed by 2 training days in the fall of 2013 exact dates based can mutual availability . his program will be customized,and will incl ude a variety oflearnig,methods:Lecture, group e xerc i ses, i di idual w k interacti,ve exercises,mad one-on-one personalized coachin . Topics gill emphasize internal/external customer service,communication, management/supervisory tools,and team- building essentials. TFW will provide-tis training for$1 5,500.00,plus covered d ne al travel expenses,outlined below, payable to Training for Winners, This rate also includes handouts and materials for the workshops. Payment of$7,750.00l is due at time of cow nt,with e remainder due at to time of the;erne del ivery. Covered travel items will be invoiced by TFW immediately following the installments, and payment is due 30 days following.Late payments incur a$1 00.00 charge. As a special bone, TFW will offer co n ary f ow—up coaching to rogra participants (via phone or email)for those who request it,for up to 4 total hours. This benefit is normally$195.00 per hour. Covered normal travel includes: Coach,airfare,borne off-airport parking,bridge tell,mileage x prevailing Federal rate), DFW airport transfers,accommodations eluding room.,tax,fees,M-room WI- F0,and reasonable meals. FWPDD is responsible for providing the tram* in site,props(if used),audio-vias al equipment, *ins, labor,and equipment ent soeiated with program deliverer.Reproduction or other use of TFW content requires permission trom TFW. Should this agreement be cancelled by FWPDD,TFW will receive$10,500.001, no later than 1 days after notice of cancellation., Should Acts of God make it impossible or not practical to deliver an installment,,make-up date(s)will be selected d on t al availability),within, days of the n mail date(s),without penalty to either party,at the,above rates and tens.Once dates are set,if they are changed by FWPDD for any reason other than Act of God,there gill be an additional 10%charge to,the training rate for each day changed. The pies warrant that they have the legal authority to bid their respective sties to this agreement.