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HomeMy WebLinkAboutContract 30430 CITY SECRETARY ON T FACT NO. PROFESSIONAL SERVICES AGREEMENT FOR SENSITIVITY TRAINING This agreement ("Agreement") sets forth the terms of the contractual relationship between International Ford Group, L.L.C., hereinafter referred to as "IFG", and the City of Fort Worth, hereinafter referred to as "City" with regard to IFG's provision to City of certain employee benefit consulting services for or on behalf of the City, all of which services are more particularly described in Exhibit A attached hereto (the "Services"). 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. It is acknowledged and understood that the description of the Services set forth in Exhibit A hereto, including the timeframes for performance and delivery, represent good faith estimates and assume that City will take or provide whatever actions may be necessary on City's part to support and facilitate the Services 2. Term and Termination. The initial term of this Agreement will be for a period of 12 months, beginning August 17, 2004 and ending July 31, 2005. 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. 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 $59,950, unless this agreement is amended in writing. 4. Independent Contractor, Service Provider; Fiduciary Status. Nothing in this Agreement is intended or shall be construed to give IFG discretionary authority or discretionary responsibility in the management of the City's business operations or administration of City's Plan. 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. 5. Complete Agreement; Governing Law; Compliance with Laws; No Assignment; Amendment. This writing contains the entire agreement of the parties with respect to the matters dealt with herein, supercedes all previous agreements between the parties with UE1,�, ORIGINAL 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. 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. 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 the 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 the contract. 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 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: a. Worker's Compensation and Employer's Liability Insurance (unemployment compensation) as required by the State of Texas. b. Public Liability, Bodily Injury and Property Damage: (I) Injury or death of one or more persons in a single accident - $500,000.00 c. Property damage - $1,000,000.00 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 the agreement. This indemnification will include payment of all costs and reasonable attorney fees. 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. INTERNATIONAL FORD GROUP,LLC DIVERSITY TRAINING Page 2 of 7 ' P I 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 which is 10% and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by lFG 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. 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. 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 Water Department International Ford Group, LLC. Attn: Director Attn: 1000 Throckmorton Fort Worth, TX 76102 11. Right to Audit. 1FG 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 Architect involving transactions relating to this Agreement. IFG agrees that the City shall have access during normal working hours to all necessary 1FG 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. 4 OJ `J INTERNATIONAL FORD GROUP,LLC DIVERSITY TRAINING Page 3of7 � Phase IV—Program Management Project management services (50.00/per class) $1,900.00 " To provide the following: Developing and maintaining schedules Interface with management Managing material flow Preparing monthly reports Committee meetings Phase V—train the trainer Developing Customized Trainer Guide (20hrs @ $100.00 per hour) $2,000.00 Train the Trainer Class — 3 full days (1,200 per day) $3,600.00 TOTAL $59,950.00 Payment Terms: 1/3 upon signing of contract - August, 2004 $19,983.00 1/3 30 days after signing $19.983.00 1/3 November 30, 2004 $19,983.00 * Changed from 500 to 750 employees. "Changes made after 7-28-04 meeting. INTERNATIONAL FORD GROUP,LLC Rj�Q% DIVERSITY TRAINING AI GLe Page 7 of 7 — 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. The Agreement set forth herein is hereby agreed to and accepted this day of August, 2004. Attest: CITY OFF T WOR N I B ` Marty Hendrix Mc A. O City Secretary As . tant City Manager Approved as to Form and Legality: Approval Recommended: Water Department GtW l! -J?j Assistant City Attorney Frank Crumb, P. E. Acting Director Attest: International Ford Group, LLC By: ;o race Author zatioz INTERNATIONAL FORD GROUP,LLC �� DIVERSITY TRAINING Page 4 of 7 Exhibit A Scope of Service Fort Worth TENTATIVE TRAINING PLAN/SCHEDULE Date Scope of Work Assessment Phase August 18-27 Planning Meetings: Develop Project Plan. Determine long term and short term objectives. August 23 Conduct Focus Groups— Field Operation/Strategic Cit wide committee August 25 Conduct Focus Groups—Village Creek August 26-31 Focus Group -- Data Analysis/ Report Writing August 27-28 750 Employee Survey Administered August 29— September 3 Receive survey from 750 employees September 3- 10 750 Employee Survey-- Data Analysis/ Report Writing September 13 Presentation of Focus Group and 750 employee survey finding to managers and selected committee members. Meet with 2 se arate rou s to deliver findin s Development Phase September 13 - 17 Workbook/ Material Development September 22 Pilot Class for Committee, Designated Managers, and Potential Trainers September 23— 26 Revisions made based on Managers and Committee recommendations. If needed III,IN 11 Traininz Delivery and Implementation Phase September 28 Start training: Measure training effectiveness and document non-training issues upon completion of each class. Provide ongoing feedback to designated employees. September 28—October 1 Deliver Employee Training Classes 1-4 October 5—8 Deliver Employee Training Classes 5-8 October 12- 15 Deliver Employee Training Classes 9-12 October 19 - 22 Deliver Employee Training Classes 13-16 October 26 - 29 Deliver Employee Training Classes 17-20 1 class in Spanish) November 2- 5 Deliver Employee Training Classes 21-24 November 9-12 Deliver Employee Training Classes 25 —28 November 16- 19 Deliver Employee Training Classes 29 —32 1 class in Spanish) November 23 - 24 Deliver Employee Training Classes 33 —34 ' (Thanksgiving on November 25 November 30— December 3 Deliver Em to ee Trainin Classes 35—38 Transition Phase December 9 Follow—up meeting with water department managers December 10 Final Report: Summary of Class Evaluations/non training issues/recommendations for follow- . INTERNATIONAL FORD GROUP,LLC DIVERSITY TRAINING +��1� CGL�IL/tiiaFU Page 5 of 7 a 1n t up. December 14, 15, 16 Complete Train the Trainer Process: Certification of trainers. Follow-up Plan starts. Exhibit B—Schedule of Fees PHASE I — ASSESSMENT Fee Customized Focus Group Survey Assessment Tool $1,000.00 10 hours @ $100.00 Focus Groups facilitation/Reporting $1,750.00 * $250 per group (7 groups or 10 employees) Focus Group Data Analysis & Final Report Writing $3,000.00 (30 hours @ 100.00) Customized Survey for 750 employees $1,000.00** 10 hours @ $100.00 Distribution of survey instrument/ data analysis $3,000.00** and reporting for 750 employees survey (30 hours @ 100,00) PHASE II — Training / Material Preparation Workbook Development 40 hours @ $100.00 $4,000.00 Translation of workbook in Spanish 15 hours @ 100.00 $1,500.00** Printing (Handouts/job Aids) $4/per participant (750 participants) $ 3,000.00 * Phase III — Training Delivery— 1 Day hour Training Program 38 Training Classes (20 participants each) $34,200.00 * (Based on Full day rate of$900.00 per class and 1 classes per day between the hours of 9am to 3pm) tD' .AAPS INTERNATIONAL FORD GROUP,LLC DIVERSITY TRAINING City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/17/2004 DATE: Tuesday, August 17, 2004 LOG NAME: 141NTERNATIONAL REFERENCE NO.: **C-20211 SUBJECT: Award of Contract to the International Ford Group, L.L.C. for Diversity Training Services for All Employees in the Water Department RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the International Ford Group, L.L.C. in the amount of $59,950 in order to provide a Cultural Climate Assessment and Diversity Training for all employees in the Water Department. DISCUSSION: The training in the Water Department, provided by the International Ford Group, L.L.C., will serve as a model for Citywide Diversity Training. The City's Diversity Advisory Committee and Human Resources Department will ensure that Citywide Diversity training begin January 2005. The City of Fort Worth values a workforce that has the cultural competency to serve a diverse population. A competitive process for soliciting Request for Qualifications for a consultant to perform Diversity and Sensitivity Training in the Water Department was initiated April 26, 2004. A committee comprised of employees from the Water Department and Human Resources evaluated proposals from the following seven companies: Colon Tele-Consultants, Inc. Dunson &Associates Hubbard & Hubbard, Inc. International Ford Group, L.L.C. P. Jefferson Consulting Services SCENDIS LLC The HLC Group, Inc. The committee recommended the International Ford Group, L.L.C. based on their qualifications and experience in performing diversity training. The company is based in Fort Worth and its former clients include the City of Dallas, City of Plano, University of Texas at Arlington and American Airlines. The International Ford Group, L.L.C. has bilingual trainers and competitive pricing. The International Ford Group, L.L.C. will assist the Water Department in developing training, programs and systems necessary to ensure all employees possess the social and cultural competencies of the organization by: Designing and conducting organizational audits, surveys, or assessments that identify diversity issues, gauge organizational culture, and collect baseline data Developing work plans that guide the assessments and diagnostic efforts Providing written reports with findings and recommendations Designing and implementing organizational and individual training Providing train-the-trainer training to selected employees Loaname: 141NTERNATIONAL Upon Council approval, the International Ford Group can begin meeting with employees and focus groups in the Water Department and begin developing the training material. It is anticipated that all employees in the Water Department will be trained by December 10, 2004. M/WBE - International Ford Group, L.L.C. is in compliance with the City's M/WBE Ordinance by committing to 10% M/WBE participation. The City's goal on this project is 10%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. Although funds were not budgeted for this expense, it will be offset by increased revenue collections. TO Fund/Account/Centers FROM Fund/Account/Centers PE45 539120 0601000 $29.975.00 PE45 539120 0701000 $29.975.00 Submitted for City Manager's Office by: Charles Boswell (6183) Originating Department Head: Karen Marshall (7783) Additional Information Contact: Mark Washington (8058) LoLyname: 141NTERNATIONAT, D- 1 --P )