HomeMy WebLinkAboutContract 45914 CITY S IgW
CONTRACT NO.
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AGREEMENT FOR PROFESSIONAL SERVICES
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THI§P AGREEMENT ("Agreement") is made and entered into on day of
2014 by and between THE CITY OF FORT WORTH, a home rule i
uni &pal corporation of the State of Texas ("City"), acting by and through its duly authorized i
Assistant City Manager, and Gary Hernbroth d/b/a Training for Winners("Consultant").
RECITALS
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WHEREAS, City has a substantial need to obtain training for the City of Fort Worth,
Planning & Development Department for professional development of staff and to assist in
developing exceptional customer service skills; I
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WHEREAS, City desires to hire a professional knowledgeable and experienced in
training services related to providing exceptional customer service and professional
development;
WHEREAS, Consultant has represented that it is knowledgeable and experienced in
providing services of training on exceptional customer service and professional development;
and
WHEREAS, City and Consultant mutually desire to enter into a contract to have
Consultant perform training services for the City of Fort Worth, Planning & Development
Department_
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NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the i
parties agree as follows:
AGREEMENT }
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1. Services. Consultant agrees to provide training to front line and supervisory personnel
within the City's Planning & Development Department on Professional Development, Customer
Service and Team Building, as detailed in Exhibit A, attached hereto and incorporated herein for
all purposes ("Services"). City employees will be participating in this training as a required 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 within five days of the first day Services will be provided. i
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2. Term. Services shall be provided by Consultant for a term beginning on October 1, I
2014,and ending on September 30,2015,unless this Agreement is terminated earlier as provided i
Cl) herein. j
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a s OFFICIAL RECORD
® Professional Services Agreement CITY SECRETARY 1 of 7
FT.WORT H, 7X
3. Fee. In consideration of the Services to be performed hereunder by Consultant, City
promises and agrees to pay Consultant an amount not to exceed $25000.00 ("Fee") as full and
complete compensation for the Services to be performed hereunder, including any and all i
expenses incurred in connection with performance of the Services, except that City shall
reimburse the Consultant for reasonable travel related expenses (such as airfare to fly coach,
mutually agreed upon hotel property, parking, shuttle or taxi service to and from airport and a
reasonable meal allowance) at Consultants cost. Upon execution of the Professional Service
Agreement, City shall pay Consultant 50% of the Fee prior to the training and the remainder due
immediately following the Services.
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4. Termination. Either party may cancel this Agreement at any time and for any reason by
providing the other party with ten days written notice of termination. Upon Consultant's receipt
of such notice by City, Consultant shall immediately discontinue all Services and the placing of
all orders or the entering into of contracts for all supplies, assistance, facilities and materials in
connection with the performance of this Agreement, and shall proceed to cancel promptly all
existing contracts insofar as they are chargeable to this Agreement. In the event this Agreement
is terminated prior to expiration of the Term, City shall pay Consultant only for Services actually
rendered as of the effective date of termination, in accordance with a final statement submitted
by Consultant documenting the performance of such Services. 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.
5. Independent Contractor. Consultant shall operate hereunder as an independent contractor
and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive
control of and the exclusive right to control the details of the Services performed hereunder, and
all persons performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, subcontractors and program participants. The doctrine of
respondent superior shall not apply as between the City and Consultant, its officers, agents,
servants, employees, subcontractors, or program participants, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Consultant. It is
expressly understood and agreed that no officer, agent, employee, or subcontractor of Consultant
is in the paid service of City.
6. Indemnification.
CONSULTANT COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND,AT ITS OWN EXPENSE, CITY AND ITS OFFICERS,AGENTS, SERVANTS,
AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,WHETHER REAL
OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED
HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, OR SUBCONTRACTORS OF CITY; AND CONSULTANT HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS,
Professional Services Agreement 2 of 7
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AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR i
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER
REAL OR ASSERTED,ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS,AGENTS, SERVANTS,EMPLOYEES,CONTRACTORS
OR SUBCONTRACTORS OF CITY. CONSULTANT LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM
AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY
OF CITY,ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF
CONSULTANT, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS i
OR SUBCONTRACTORS OF CITY.
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CONSULTANT AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR
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INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY
CITY'S SOLE OR CONCURRENT NEGLIGENCE.
Consultant shall require all of its subcontractors to include in their subcontracts a release
and indemnity in favor of City in substantially the same form as above.
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This Section 6 shall survive the expiration or termination of this Agreement.
7. Assignment. Consultant shall not assign or subcontract all or any part of its rights,
privileges or duties under this Agreement without the prior written consent of City, and any
attempted assignment of subcontract of same without such prior written approval shall be void I
and constitute a breach of this agreement.
8. Compliance with Law. Consultant, its officers, agents, employees and subcontractors,
shall abide by and comply with all laws, federal, state and local, including all ordinances, rules
and regulations of City. It is agreed and understood that, if City calls to the attention of j.
Consultant any such violation on the part of Consultant or any of its officers, agents, employees
or subcontractors,then Consultant shall immediately desist from and correct such violation.
9. Non-Discrimination. Consultant, in the execution, performance or attempted
performance of this contract and Agreement, will not discriminate against any person or persons
because of disability, age, familial status, sex, race, religion, color or national origin, nor will
Consultant permit its officers, agents, employees, or subcontractors to engage in such
discrimination.
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Professional Services Agreement 3 of 7
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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 ("Discrimination in
Employment Practices" and Consultant hereby covenants and r
), y agrees that Consultant, its agents, I
employees and subcontractors have fully complied with all provisions of same and that no I
employee or employee-applicant has been discriminated against by either Consultant, its agents,
employees or subcontractors.
10. Right 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 i
working hours to all necessary Consultant facilities and shall be provided adequate and a
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. i
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Consultant further agrees to include 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 j
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 in
order to conduct audits in compliance with the provisions of this paragraph. City shall give
subcontractor reasonable advance notice of intended audits.
This Section 10 shall survive the expiration or termination of this Agreement.
11. Fiscal Funding Out In the event no funds or insufficient 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 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 shall have been
appropriated.
12. Entire Agreement. 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 hereof shall
be void.
13. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity,
arise out of the execution, performance, attempted performance of this Agreement, venue for i
said action shall lie in Tarrant County,Texas.
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14. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the i
other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the
address of the other party shown below:
Professional Services Agreement 4 of 7
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City of Fort Worth,Planning&Development Gary Hernbroth
1000 Throckmorton 1125 Sunshine Circle
Fort Worth,Texas 76102 Danville,CA 94506 j
(817)392-8318 (925) 736-9392 I
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15. Non-Waiver. The failure of City or Consultant to insist upon the performance of any 1
term or provision of this Agreement or to exercise any right herein conferred shall not be
construed as a waiver or relinquishment to any extent of City's or District's right to assert or rely {
upon any such term or right on any future occasion.
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16. Disclosure 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
Consultant's services and proposed services with respect to the Project. In the event that any a
conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees
immediately to make full disclosure to the City in writing. F
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
Agreement shall not be grounds for the City to have or obtain any rights in such proprietary
products, materials or methodologies unless the parties have executed a separate written
agreement with respect thereto. Notwithstanding the foregoing, Consultant understands and
agrees that the City is subject to various public information laws and regulations, including, but
not limited to, the Texas Open Records Act Consultant, for itself and its officers, agents and
employees, further 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.
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17. 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.
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18. Force Majeure. The 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 i
reasonable control, including, but not limited to, compliance with any government law,
ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters,
wars, riots,material or labor restrictions by any governmental authority, transportation problems
and/or any other similar causes.
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19. Headings not Controlling Headings and titles used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE.]
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Professional Services Agreement 5 of 7
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
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Worth, Tarrant County, Texas,to be effective on the Effective Date.
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CITY OF FORT WORTH GARY HERNBROTH
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DB/A TRAINING FOR WINNERS 'I
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By: G'z�r Lis —•
Fernando Costa
Assistant City Manager
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APPROVED AS TO FORM AND LEGALITY:
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Assistant City Attorney
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Professional Services Agreement 6 of 7
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A -Cliq"Atto lne
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Mary.`Kay six �
City Secretary
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1125 Sunihine Circle*Danville;CA 9 506`
Phone/Fax 925-736-9392 s a4ry@4 iningfQrwinnecs com it wwwtraiaingf6 twinnenx6m I
2015 Training Program Details
Training for Winners&
City of Fort Worth Planning&Department
October 1,2014
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Training for Winners(TFW)will develop and deliver a customized customer service
training program for the City of Fort Worth Planning&Development Department
(FWPDD)in fiscal year 2015, for its management,supervisory, and front-line teams,
consisting of six(6)total training days that it is suggested be allocated in 4 quarterly
installations of 1.5 days each(exact dates based on mutual availability), although other
installation options are possible to accommodate the 6 training days.
TFW will provide this training for$25,000.00,plus covered normal travel expenses
outlined below,payable to Training for Winners.FWPDD will reproduce the workshop
handouts for participants.Equal payments of$12,500.00 are due at time of contract
commitment(no later than October 30,2014) and again on or before January 30,2015.
Covered travel items will be invoiced by TFW immediately following each installment,
with the full payment due 30 days following. Late payments incur a$100.00 charge.
As a special bonus, TFW will offer complimentary follow-up coaching to program
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/bag fees(if any),home off-airport
parking, bridge toll,home mileage(x prevailing Federal rate),DFW airport transfers,
accommodations(including room,tax,fees,in-room Wi-Fi),and reasonable meals during
the trip.
This program will include a variety of learning methods: Lecture, group exercises,
individual work,interactive exercises,and one-on-one personalized coaching. Topics will
emphasize internal/external customer service,communication,management/supervisory
tools, and team-building essentials.
FWPPD is responsible for providing the training site,props (if used), audio-visual
equipment,insurance, labor, and equipment associated with program delivery.
Reproduction or other use of TFW content requires permission from TFW.
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Should this agreement be cancelled by FWPPD, TFW will receive $3,500.00 for each
canceled day,no later than 21 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
(based on mutual availability), within 60 days of the original date(s),without penalty to
either party, at the above rates and terms. Once dates are set, if they are changed by
FWPPD for any reason other than Act of God,there will be an additional 10%charge to
the training rate for each day changed. The parties warrant that they have the legal
authority to bind their respective parties to this agreement.
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