HomeMy WebLinkAboutContract 31946 CITY SECRETARY
CONTRACT NO. MlrWl 6
PROFESSIONAL SERVICES AGREEMENT
FOR EMPLOYEE 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 training services, all of which services are more particularly described
in Exhibit A attached hereto (the "Services").
1. Previous Agreement. City and IFG previously executed City Secretary Contract
No. 30430 on August 31, 2004 (M & C C-20211) for diversity training for employees of
City's Water Department. Amendment No. 1 to such agreement (City Secretary
Contract No. 30897) was executed on November 9, 2004. All services have been
performed and all payments have been made pursuant to such agreement and amendment.
2. 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 and Schedule of Fees",
attached hereto, generally consisting of leadership training for approximately 180
supervisors in the Water Department and sensitivity training for approximately 2,250
City employees. 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.
3. Term and Termination. The initial term of this Agreement will begin on the date
of execution and end on October 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.
4. Fees and Expenses, Invoicing and Payment. For and during the term of this
Agreement, City will pay IFG the fees specified on Exhibit A hereto 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, City and IFG shall mutually agree in writing to the cost for such
modified services. Total compensation to be paid to IFG under this Agreement shall not
exceed $97,100.
5. 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 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, agentfiduciary
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or other similar relationship. The doctrine of respondeat superior shall have no
application as to the relationship between IFG and City.
6. 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 and supersedes all previous agreements between the parties with
respect to the matters dealt with herein. 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 City's prior written consent. This Agreement may be
amended only in writing and signed by the parties hereto.
7. 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 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 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 this 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 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 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: Injury or death of
one or more persons in a single accident - $500,000.00
c. Property damage - $1,000,000.00
8. Indemnity. IFG will indemnify, save, and hold harmless 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 IFG, its agents or
employees in the performance of this Agreement. This indemnification will include
payment of all costs and reasonable attorney fees.
9. 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 draftin I „,�
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party must not be employed in the interpretation of this Agreement or any amendments or
exhibit hereto.
10. 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 10% 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.
11. 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.
12. 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: Michelle Ford
1000 Throckmorton 6050 Forest River Dr.
Fort Worth, Tx. 76102 Fort Worth, Tx. 76112
13. Right to Audit. IFG agrees that 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 IFG involving transactions
relating to this Agreement. IFG agrees that 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.
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 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.
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IFG and subconsultants agree to photocopy such documents as may be requested by
City. 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 16 day
of , 2005.
Attest: CITY OF FORT WORTH
BY•
" AL
Marty Hendrix Nlarc . Ott
City Secretary Assistant City Manager
Approved as to Form and Legality: International Ford Group, LLC
By:
�
Assi fant C At rney Michelle Ford, Managing Member
C-am1 '
contract Authorizatiox
Date
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Exhibit "A" SCOPE OF SERVICES AND SCHEDULE OF FEES
I. WATER DEPARTMENT TRAINING
TRAINING DEVELOPMENT
Customized Class Development: $5,000.00
Spanish Class Development/Translation $2,500.00
Time Frame: June 2005
TRAINING CLASSES FOR MANAGERS/CREW LEADERS
Total number of classes needed= 9 (20—25 IN EACH CLASS)
Number of class dates = (2 DAYS PER CLASS)
Total Training Days = 18 @ $900.00/PER DAY $16,200.00
Time Frame: September/October 2005
Printing of Training Books = (125 BOOKS @ $4.00) $500.00
(Note: This can be done in house if you prefer)
TOTAL COST OF DEVELOPMENT AND TRAINING $24,200.00
Payment schedule for Water Department Training
June, 2005 $8,066.00
September 1, 2005 $8,067.00
October 1, 2005 $8,067.00
1FG will invoice the City's Water Department based on the above payment schedule.
II. DIVERSITY TRAIING FOR ALL CITY EMPLOYEES
The International Ford Group will continue to provide diversity training to all City
employees at the following costs:
Half-day training sessions at $600.00 half day
Full-day training sessions at $900.00 day
Train-the-trainer sessions at $1,200 day
There are approximately 81 classes to be taught between May and September 2005 for an
estimated cost of$72,900 based on the above fee schedule and the below calendar.
Month #Classes
May—05 17
June—05 18
July—05 12
August—05 18
September-05 16
IFG will invoice the City's Human Resources Department on a bi-monthly basis after services
have been rendered for a previous month's bill.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/7/2005
DATE: Tuesday, June 07, 2005
LOG NAME: 14FORD REFERENCE NO.: **C-20776
SUBJECT:
Authorize Execution of a Contract with the International Ford Group, L.L.C. for Leadership and
Diversity Training for City Employees
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 $97,100 for leadership and diversity training for City
employees.
DISCUSSION:
On August 31, 2004, (M&C C-20211) the City Council authorized the City Manager to enter into a
Professional Services Agreement for Sensitivity Training with the International Ford Group, L.L.C. (IFG) in
the amount of $59,950. Pursuant to the agreement (City Secretary Contract No. 30430) IFG identified
issues concerning social and cultural competencies in the workplace and designed a diversity-training
course for Water Department employees which was used as a model for a training course for all City
employees. IFG conducted diversity-training classes for Water Department employees from September
2004 through December 2004.
On November 9, 2004, Amendment Number 1 to the original contract (City Secretary Contract No. 30897)
was executed by the City and IFG for additional services not to exceed $15,900. The scope and
deliverables included in this amendment were for planning and development of training materials, facilitation
of a citywide management forum and diversity training sessions for approximately 600 supervisors and
managers. All services have been performed and all payments have been made pursuant to the original
contract and Amendment Number,.1•
Approval of this Mayor and Council Communication will authorize execution of a second contract with IFG
to 1) Conduct nine-leadership-training courses for-approximately_180_supervisors in the Water Department
for a cost not to exceed $24,200. The training is in response to developmental needs that were identified
by Water Department employees during the 2004 sensitivity training classes. 2) Provide diversity training
for the remaining 4,400 employees. IFG will conduct approximately 81 classes for approximately 2,250 City
employees from May through September 2005, for a cost not to exceed $72,900. The proposed contract
includes the provision of the additional classes necessary to train the remaining 2,150 employees from
October 2005 through March 2006 at a cost of$70,000, subject to appropriation in the FY 2005-06 budget.
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 the project is 10%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated; in
the General Fund and the Water and Sewer Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 539120 0601000 $12,100.00
PE45 539120 0701000 $12,100.00
GG01 539120 0141000 $72,900.00
Submitted for City Manager's Office by; Richard Zavala (Acting) (6222)
Originating Department Head: Karen Marshall (7783)
Additional Information Contact: Mark Washington (8058)