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HomeMy WebLinkAboutOrdinance 11473ORDINANCE NO AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $280,000 00 FOR THE PURPOSE OF FUNDING A CONTRACT WITH INSTITUTE OF MANAGEMENT RESOURCES TO IMPLEMENT PHASE II OF THE POLICE DEPARTMENT'S ORGANIZATIONAL ANALYSIS, PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 That in addition to those amounts allocated to the various City departments for the Fiscal Year 1993-94 and in the Budget of the City Manager, there shall also. be increased estimated receipts and appropriations in the General Fund in the amount of $280,000 00 for the purpose of funding a contract with institute of Management Resources (I M.R.) to implement Phase II of the Police Department's organizational analysis in the total amount of $480,000 00 SECTION 2. Should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No 11379 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of'said prior ordinances and appropriations are hereby expressly repealed. SECTION. 4 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained APPROVED AS TO FORM AND LEGALITY G~ G;~ ~ssf .City Attorney // - ~ - ~ 3 Date 1~ ~ /~ ~~ Adopted Effective STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TARRANT § CONTRACT FOR PROFESSIONAL MANAGEMENT CONSULTING SERVICES This contract is made by the City of Fort Worth, Texas, a municipal corporation situated in Tarrant County, Texas, herein- after called "City", and Institute of Management Resources, a general partnership, hereinafter called "Consultant", both parties acting herein by and through their duly authorized representatives: 1. Scope of Services. Consultant agrees to perform in accordance with the highest professional standards the following professional management consulting services: Development and implementation of Phase II of a program for improved management operating controls, policies, and responsibilities for the Fort Worth Police Department in the area cif vehicle utilization, as more specifically described in the attached Exhibit "A". 2. Compensation: Payment Schedule. a. The maximum amount to be paid to Consultant for all services performed hereunder shall be Four Hundred Eighty Thousand and No/100 Dollars ($480,000), hereinafter "Consultant's Fee", which shall include all expenses incurred by Consultant. b. Consultant's Fee shall be paid in eight (8) equal bi- weekly payments with the first payment to be made two ( 2 ) weeks after written notice to proceed is given to Consultant and subsequent payment to be made every two (2) weeks thereafter. c. Consultant shall submit bi-weekly invoices to the City for payment of the sums referenced in Section 2(b). d. It is understood that this Contract contemplates the provision of full and complete consulting services for this project, including any and all necessary changes or contingencies to complete the work as outlined in Section 1, "Scope of Services", for the fee described in Section 2.a. 3. Term. This Contract shall be for a term of sixteen (16) weeks, beginning with the day of 1993, and ending the day of , 1994, unless terminated earlier as provided herein. 4. Termination. a. City may terminate this Contract at any time and for any cause by notice in writing to Consultant. Upon the receipt of such notice, Consultant shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City terminates this Contract under this Section 4.a., the City shall pay Consultant for services actually performed in accordance herewith prior to such termination, less such payments as have been previously made, in accordance with a final 2 statement submitted by Consultant documenting the performance of such work. b. In the event no funds or insufficient funds are appro- priated and budgeted by City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were made 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 and budgeted. City has informed Consultant that, concurrently with approval of this Contract, City will appropriate and budget 100 of the funds specified in this Contract, so that all funds will be appropriated and budgeted prior to the commencement date of this Contract. c. Upon termination of this Contract for any reason, Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Contract. 5. Indemnification. a. Consultant .shall indemnify and hold the City and its officers, agents and employees harmless from any loss, damage, liability or expense for damage to property and injuries, including death, to any person, including but not limited to officers, agents or employees of Consultant or subcontractors, which may arise out of any 3 negligent act, error or omission in the performance of Consultant's professional services. Consultant shall defend at its own expense any suits or other proceedings brought against the City, its officers, agents and employees, or any of them, resulting from such negligent act, error or omission; and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection there- with resulting from such negligent act, error or omis- sion. 6. Insurance. a. Consultant shall not commence work under this Contract until it has obtained all insurance required under this section and such insurance has been approved by the City, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City. b. Compensation Insurance. Consultant shall take out and maintain during the life of this Contract statutory Workers' Compensation Insurance for all of its employees performing any of the services hereunder, and, in case any work is sublet, Consultant shall require the subcon- tractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by Contractor's insurance. In case any class of employee 4 who engages in hazardous work under this Contract is not protected under the Workers' Compensation statute, Consultant shall provide and shall cause each subcon- tractor to provide .adequate and suitable insurance for the protection of employees not otherwise protected. c. Public Liability and Property Damage Insurance. Consultant shall take out and maintain during the life of this Contract such public liability and property damage insurance as shall protect Consultant and any subcontractor performing work covered by this Contract from claims for personal injuries, including death, as well as from claims for property damages or losses which may arise from operations under this contract, whether such operations be by Consultant or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows: (1) Public Liability Insurance. In an amount no less than Two Hundred Fifty Thousand Dollars ($250,000) for injuries, including accidental death, to any one person; and, subject to the same limit for each person, in an amount not less than Five Hundred Thousand Dollars ($500,000) on account of one accident; (2) Property Damage Insurance. In an amount not less than Five Hundred Thousand Dollars ($500,000); and (3) IImbrella Policy. In an amount not less than One Million Dollars ($1,000,000). d. Proof of Insurance Coverage. Contractor shall furnish the City with a certificate of insurance as proof that it has obtained for the duration of this Contract the insurance amounts required herein. Consultant's ~~ insurance policy shall provide that the insurer shall give the City thirty (30) days' prior written notice before altering, modifying or terminating the insurance coverage. 7. Independent Contractor. Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Consultant shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Consultant, its officers, agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the City and the Consultant. 8. Disclosure of Conflicts. Consultant warrants to the City of Fort Worth that it has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Contract. 9. Right to Audit. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, 6 documents, papers and records of the Consultant involving transac- tions relating to this Contract. Consultant agrees that the City shall have access during normal worY.ing hours to all necessary Consultant facilities and shall be provided adequate and appropri- ate work space 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 further agrees to include in all its subcantractor agreements hereunder a provision to the effect that the subcon- tractor 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 work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 10. Prohibition of Assignment. Neither party hereto shall assign, sublet or transfer its interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 11. DBE Goals: Nondiscrimination. a. Consultant acknowledges its commitment to meet or make "good faith" effort to meet the City of Fort Worth's 7 goals for Disadvantaged 'Business Enterprises (DBE) participation in City contracts. DBE participation was part of the evaluation criteria used in the award of this Contract; therefore, failure to comply may result in the Consultant being classified as nonresponsive and being barred from City work for a period of not less than six months. Consultant agrees to furnish documentation of DBE participation such as canceled checks, etc., or such evidence as may be deemed proper by the City of Fort Worth. At the present time this paragraph does not apply since Consultant has not nor does it plan to retain the services of any subcontractors in connection with the performance of this Contract. b. As a condition of this Contract, Consultant covenants that it will take all necessary actions to insure that, in connection with any work under this Contract, Consultant, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, ,religion, national origin, age, sex or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. 12. Choice of Law,; Venue. a. This Contract shall be construed in accordance with the internal law of the State of Texas. 8 b. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Contract, venue for said action shall be in Tarrant County, Texas. EXECUTED on this, the day of , 1993. ATTEST: CITY OF FORT WORTH By: City Secretary Libby Watson Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney INSTITUTE OF MANAGEMENT RESOURCES By: Printed Name: Title: Institute of Management Resources Objectives of the Program The Fort Worth Police Department and IMR. working m a "co-venture" relationship will develop and Implement improved management operating controls, polices, and responsib~l~ties which will result m. • Increased management v~sibihty to departmental performance • Increased management and supervisory control and awareness • Spans of control • Establishment of supervisory routines • Streamlining of work flows • Ehminatton of redundant paperwork Elimination of unnecessary data gathenng and commumcahons • Simplified and consolidated functions Improved equipment ut~hzation • Establishment of goals for improvement that are tied to a process for planned versus actual performance measurements for each group An atmosphere for team building • Improved communication (inter and intradepartmental) Improved teamwork and pursuit of common objectives. - Creation of process teams to cover current communications and information flow - The development of action plans and measurements for improvement • Establishment of a management feedback reporting system to identify and communicate problems - Problem solving - Action plans r EXHIBIT "A" - PAGE 1 OF 4 Institute of Management :Resources Major Program Steps Vehicle Utilization • Enhance current vehicle maintenance schedules, procedures and policies to reduce equipment downtime and cost factors. • Develop and enhance backlog tracking, work planning system, work order system in Egwpment Services. • .Review procedures and policies for non-uniform maintenance requirements. • Establish appropnate levels of service, staffing and capacity of Equipment Services. • Review administrative interface between Police Department and Equipment Services to eliminate redundancies and properly align functional responsibilities. • Review and align guidelines for vehicle allocation. • Develop improved guidelines for vehicle assignment to officers at divisional level Measurement • Review all available related reporting (management -departmental) • Evaluate, design, and implement management report m co-venture atmosphere - Identify areas to measwe - Identify frequency of measurement - Identify method of measwement - Design reporting format. - Establish base penod to measwe improvements • Evaluate current service levels • Establish new goals and objectives • Establish measurement as a pnnciple ingredient to continuous improvement • Stimulate morale and employee involvement EXH~'~:~~_~ "A"r - PAGE 2 OF 4 Institute of Management Resources Co-venture Approach All IMR programs Are conducted in a "co-venture" relationshep, meaning that resources from the Fort Worth Police Department and IMR share the responsibility to obtain the program ob~ecteves together We will develop thes relateonshep early en the program. Opening Meetings Roll down and communicate the program scope and objectives of our "co-venture" approach to the program as well as management's commitment. Progress Meetmg_s Regularly scheduled meetings to review the program status using the project schedule to evaluate progress. These meetings provede management with the ability to plan and control the progress of the program. Approach and Joint Development of Program Schedule • Review program scope and definition • Develop the program approach - Installation schedule - Evaluateon methods - Measurement endeces • Ob~ecteves and mutual responsibilities agreed - Detailed area schedules prepared - Assignments made Program Development Phase • An extension of the analyses whech continues the process of involving the Fort Worth Police Department management and superveseon m problem edenteficateon and soluteon - Identeficateon of departments and functeons requereng change and emprovement - Joint development of systems and work flow analyses to implement necessary changes for emprovement Bureau /Department Operating Profiles • Orgamzateonal structure • Detailed departmental and operating functeons • Work flows /systems documentation and review • Teming /personnel /hours /volumes • Establesh work loads • Define capacetees • Actevetees /units of measure • Acceptable backlogs (support functeons) • Servece regwrements • Skills flexibilety • Operating problems and vareables • Current and future requerements EXHIBIT "A" - PAGE 3 OF 4 ~~;~.. Institute of Management Resources Co-venture Approach Program Installation Phase • Review the Fort Worth Police Department management. bottom up' - Specific changes required - Jointly designed systems and procedures with users - Operate change for short time penod - Fine tune new systems and procedures - Agreement to proceed Install complete systems and procedures - Upgrade overall system usage - Regular area function review meetings Account Review • IlvIR internal quahty`controi program - a complete review of - Program approach and layout - Program objectives, responsibihhes, and schedule - Evaluation of management reporting - "Co-venture" participation -Timing and development steps to proceed with change Program Evaluation • Developed ~omtly and reported by financial management: - Review current methods of measurement - Select evaluation methods and indices Select base performance penods Penodic review Follow=up Phase • We will follow-up the procedures and techniques implemented to - Maintain and refine the systems - Assure the perpetuation of the program benefits - Capture additional benefits - Train new members of management EXHIBIT "A" - PAGE 4 OF 4 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/21 /93 C-14125 131MR 1 of 2 SUBJECT AUTHORIZING EXECUTION OF A CONTRACT WITH INSTITUTE OF MANAGEMENT RESOURCES F.OR IMPLEMENTATION OF PHASE II OF THE POLICE DEPARTMENT ORGANIZATIONAL ANALYSIS AND ACCEPTANCE AND SUPPLEMENTAL APPROPRIATION OF DONATIONS FROM ORGANIZATIONS AND BUSINESSES FOR PARTIAL FUNDING OF THE CONTRACT RECOMMENDATION. It is recommended that the City Council 1 Accept a donation from the following organizations/businesses Union Pacific Resources Company (U P R C) $100,000 00 Amon Carter Foundation 5100,000 00 William S Davis, Davis, Inc 5 25,000 00 Nationsbank 5 25,000 00 Adeline and George McQueen Foundation 5 15,000 00 Union Pacific CoFporation 5 15,000 00 2 Adopt the attached supplemental ordinance increasing estimated receipts and appropriations by 5280,000 00 in the General Fund, from increased revenue, and 3 Authorize the City Manager to execute a contract with the Institute of Management Resources (I M R) to implement Phase II of the Police Department organizational analysis for an amount not to exceed 5480,000 00 DISCUSSION On September 8, 1992, the City Council approved M&C C-13530 authorizing the City Manager to enter into a contract with the Institute of Management Resources to implement Phase I of the Police Department Organizational Analysis A 12-week study of the Department's DECOR (Direct Entry Computerized Offense Report System) Division was initiated with a budget cost of 5240,000 00 The results of Phase I included recommendations that identified 5439,000 00 in immediate savings and an estimated projected annual savings of between 5500,000 00 to 5600,000 00 The savings can be attributed to study recommendations on overtime control, method improvement, staff reduction, and response time improvement Phase II of the Police Department Organizational Analysis will entail conducting a study and making recommendations on vehicle utilization The study by the Institute of Management Resources, will focus on reviewing current systems for vehicle control and maintenance, and making recommendations to improve the effective use of vehicles and vehicle maintenance ~~~~ Printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication DATE .REFERENCE NUMBER C-14125 LOG NAME PAGFs' 12/21 /93 131MR 2 of 2 SUBJECT AUTHORIZING EXECUTION OF A CONTRACT WITH INSTITUTE OF MANAGEMENT RESOURCES FOR IMPLEMENTATION OF PHASE II OF THE POLICE DEPARTMENT ORGANIZATIONAL ANALYSIS AND ACCEPTANCE AND SUPPLEMENTAL .APPROPRIATION OF DONATIONS FROM ORGANIZATIONS AND BUSINESSES FOR PARTIAL FUNDING OF THE CONTRACT ~ Major program steps include enhancing current vehicle maintenance schedules, procedures, and policies to reduce equipment downtime and cost factors, develop and enhance backlog tracking and work systems in Equipment Services related to police vehicle maintenance, review and align guidelines for police vehicle allocation, develop improved guidelines for vehicle assignment to officers at divisional level, and provide other recommendations related to service, maintenance, administrative responsibilities, and requirements related to vehicle utilization Savings from Phase II (vehicle utilization) recommendations is being estimated to be between 51,200,000 00 to 51,300,000 00 The vehicle utilization study is projected to take 16 weeks to complete The total cost of the contract is 5480,000 00 Several organizations, foundations and businesses have come forward to raise and donate 5280,000 00 toward the cost of the contract The balance of the cost of the contract will be taken from funds budgeted for this study in the General Fund (5100,000 00) and in the Police Department's Awarded Assets budget (5100,000 00) The City has also agreed. to provide staff support for the study to reduce the cost of the contract from 5560,000 00 to 5480,000 00 The contributing organizations, foundations and businesses are listed above in the Recommendation section of the M&C FISCAL INFORMATION/CERTIFICATION. The Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budgets, as appropriated, of the General Fund (5100,000 00) and the Special Trust Fund (5100,000 00) and. that upon adoption of the attached ordinance the remaining funds required will be available in the current operating budget of the General Fund (5280,000 00) CBI Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (~o) q~l-y~®~~~ € (I) GGO1 481306 0134010 $280,000 00 ~~ ~~ ~~ Charles Boswell 8500 (2) GGO1 531200 0905500 $280,000.00 ~~~ ~~ Originating Department Head: (2) GGOI 481306 0134010 $280,000.00 L 4 ~ ~ ~ ~gg~ Charles Boswell 8500 (from) ~~ ~~ ~ ~ ~~~ (3) GGOI 531200 0905500 $380,000.00 City ~ ~,¢ ~ For Additional Information (3) FE72 531200 035535000000 $100,000.00 C'~Y ©~ FOLi i!Vextlt,'Y~t~ ~°ntact: opted Ordinance N o. +-=r~ .Printed on recycled paper