Item 5DCity of Southlake, Texas
M E M O R A N D U M
February 1, 2006
TO: Shana Yelverton, City Manager
FROM: Ben Thatcher, Assistant to the City Manager
Professional Services Agreement to Conduct a Management Study for the
SUBJECT:
Department of Community Services.
___________________________________________________________________________
Action Requested:
Authorize the City Manager to enter into a professional services agreement
with Matrix Consulting Group to conduct a management study of the
Department of Community Services.
Background
Information:
One of the initiatives of the City Manager’s transition plan is to conduct
management studies of the larger operating departments to identify
opportunities for improved resource utilization. The scope of the Community
Services study is intended to be comprehensive and the areas of review will
include:
Workload, staffing and deployment
Organization structure
Management systems
Recruitment and training
Policies and procedures
Use of technology
Fleet size and utilization
Comparison of parks and recreation operations to industry best
practices
Space needs assessment
Long term community needs
Potential long term impact of programs and services on operating
budget
The Matrix Consulting Group has experience conducting management reviews
and feasibility studies of parks and recreation agencies. In addition, the project
team has conducted several hundred operations studies around the nation. You
may recall that the Matrix Consulting Group conducted the DPS study for the
City last year, and staff was impressed with the work they performed. Matrix
has also worked with many communities similar to Southlake in regards to size
of population, high quality of life, and high development standards.
Shana Yelverton, City Manager
November 29, 2010
Page 2
Financial
Considerations:
A fixed priced fee of $54,200 has been negotiated with Matrix that includes all
professional fees and travel costs.
Financial Impact:
$50,000 was budgeted for the current fiscal year to conduct this study. The
remaining $4,200 is available out of the Community Services budget due to
savings from position vacancies during the first quarter. In addition, prior
experience has shown that the cost of the study will be recouped as a result of
implementing recommendations which reduce or avoid increases in operating
costs.
Citizen Input/
Board Review:
N/A
Legal Review:
The professional services agreement has been reviewed by Tom Scollon of
TOASE.
Alternatives:
The City could look at proposals from other consulting groups.
Supporting
Documents:
Professional Services Agreement with Matrix Consulting Group.
Staff
Recommendation:
Authorize the City Manager to enter into a professional services agreement
with Matrix Consulting Group to conduct a management study of the
Department of Community Services for $54,200.
AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT
, entered into this ___ day of February, 2006 and effective immediately by and between Matrix
Consulting Group, a _____________ __________________ (hereinafter called the "CONSULTANT") and THE CITY
OF SOUTHLAKE, TEXAS (hereinafter called "CITY"), WITNESSETH THAT,
WHEREAS,
CITY desires to engage the CONSULTANT to Conduct a Management Study of the Department of
Community Services.
NOW, THEREFORE
, the parties hereto mutually agree as follows:
Employment of Consultant
(1) .
(a) CITY agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the
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professional services described in the CITY’s Request for Proposals dated November 18, 2005 and
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incorporated into this Agreement as Attachment A; CONSULTANT’S proposal dated December 15,
2005and incorporated into this Agreement as Attachment B; and the redefined scope of services
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which is described in Attachment C dated January 19, 2006 (the “Project”).
(b) Notwithstanding anything to the contrary contained in this Agreement, CITY and CONSULTANT
agree and acknowledge that CITY is entering into this Agreement in reliance on CONSULTANT’s special
and unique abilities with respect to management audits and studies of community services operations.
CONSULTANT accepts the relationship of trust and confidence established between it and the CITY by
this Agreement. CONSULTANT covenants with CITY to use its best efforts, skill, judgment, and
abilities to perform the work in the Project and to further the interests of CITY in accordance with CITY’s
requirements, in accordance with the highest standards of CONSULTANT’s profession or business
and in compliance with all applicable national, federal, state, municipal, laws, regulations, codes,
ordinances, orders and with those of any other body having jurisdiction. The CONSULTANT warrants,
represents, covenants, and agrees that all of the work to be performed by the CONSULTANT
under or pursuant to this Agreement shall be of the standard and quality which prevail among similar
businesses and organizations of superior knowledge and skill engaged in providing similar
services in major United States urban areas under the same or similar circumstances and involving
a project such as the Project. CONSULTANT warrants, represents, covenants, and agrees that the work
it performs will be accurate and free from any material errors.
Time of Performance
(2) . The services to be performed hereunder by the CONSULTANT shall be undertaken
and completed in accordance with the “Project Work Schedule” found on page 19 of Attachment B.
Compensation
(3) . The CITY agrees to pay the CONSULTANT a sum not to exceed fifty-four thousand two
hundred dollars ($54,200), to be paid in accordance with the services CONSULTANT performs as described in
Attachment A, and as Attachment A is modified by Attachment C, Redefined Scope of Services.
CONSULTANT agrees to complete the project and all services provided herein for said sum.
Method of Payment
(4) . The CONSULTANT shall bill monthly out of current funds for hours completed to date
as described in Attachment B. Total payments shall not exceed the amount shown in (3), above. CITY shall
pay invoices for services properly performed within thirty (30) days of receipt; provided however, that in the
event CITY requests any supporting documentation for charges, payment shall be made within 30 days of
receipt of the documentation.
Changes.
(5) CITY may, from time to time, require changes in the scope of services of the CONSULTANT to be
performed hereunder. Such changes, which are mutually agreed upon by and between CITY and the
CONSULTANT, shall be incorporated in written amendments to this Agreement.
Services and Materials to be Furnished by CITY.
(6) CITY shall furnish the CONSULTANT with all available
information, data, and material CONSULTANT requests pertinent to the execution of this Agreement. CITY
shall cooperate with the CONSULTANT in carrying out the work herein and shall provide adequate staff for
liaison with the CONSULTANT.
Termination of Agreement.
(7)
(a) If, for any cause, the CONSULTANT shall fail to fulfill in timely and proper manner its
obligations under this agreement, CITY shall thereupon have the right to terminate this Agreement by
giving written notice to the CONSULTANT of such termination and specifying the effective date
thereof, at least five (5) days before the effective date of such termination.
(b) CITY has the right to terminate this agreement for any reason upon 10 days’ notice to
CONSULTANT.
(c) Upon termination pursuant to this paragraph, the CONSULTANT shall be entitled to payment
of such amount as shall compensate CONSULTANT for the services satisfactorily performed from the time
of the last payment date to the termination date in accordance with this Agreement, provided the
CONSULTANT shall have delivered to CITY such statements, accounts, reports and other materials as
required herein, and provided that CONSULTANT shall have delivered to CITY all reports, documents and
other materials prepared by CONSULTANT prior to termination. CITY shall not be required to reimburse
CONSULTANT for any services preformed or expenses incurred after the date of the termination notice.
Information and Reports.
(8) The CONSULTANT shall, at such time and in such form as CITY may require,
furnish such periodic reports concerning the status of the project, such statements, and copies of proposed
and executed plans and other information relative to project as may be requested by CITY. The
CONSULTANT shall furnish CITY, upon request, with copies of all documents and other material prepared or
developed in relation with or as part of project. The CONSULTANT shall furnish CITY with an electronic copy
of all materials prepared or developed in relation with or as part of the project.
Records and Inspections.
(9) CONSULTANT shall maintain full and accurate records with respect to all matters
covered under this Agreement for a period of one year after the completion of the project, or if litigation relating
to any aspect of this Agreement is commenced within that year, until there is a final, nonappealable judgment
or a settlement agreement has been executed between all the parties. CITY shall have free access at all
proper times to such records, and the right to examine and audit the same and to make transcripts therefrom,
and to inspect all program data, documents, proceedings, and activities.
Completeness of Contract.
(10) This contract and any additional or supplementary document or documents
incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties
hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part
thereof shall have any validity or bind any of the parties hereto.
CITY Not Obligated to Third Parties.
(11) CITY shall not be obligated or liable hereunder to any party other than
the CONSULTANT.
When Rights and Remedies Not Waived.
(12) In no event shall the making by CITY of any payment to the
CONSULTANT constitute or be construed as a waiver by CITY of any breach of covenant, or any default
which may exist on the part of the CONSULTANT and the making of any such payment by CITY while any
such breach or default shall exist in no way impairs or prejudices any right or remedy available to CITY in
respect to such breach or default.
Hold Harmless.
(13) Each party shall be responsible for its own acts and will be responsible for all damages,
costs, fees and expenses which arise out of the performance of this Agreement and which are due to that
party’s own negligence, tortious acts and other unlawful conduct and the negligence, tortious action and other
unlawful conduct of its respective agents, officers and employees.
Insurance.
(14) Consultant agrees to maintain insurance for comprehensive general liability, automobile liability
insurance, workers’ compensation and professional liability during the term of this Agreement in the amounts
not less than those required of other professional consultants retained by CITY. CONSULTANT shall provide
CITY with evidence of such coverages in a form which is acceptable to the CITY. Such policies shall name
the CITY, its officers, and employees as an additional insured and shall provide for a waiver of subrogation
against the CITY.
Personnel.
(15) The CONSULTANT has all personnel required in performing the services under this Agreement.
All of the services required hereunder will be performed by the CONSULTANT or under CONSULTANT'S
supervision, and all personnel engaged in the work shall be qualified to perform such services.
Assignability.
(16) The parties hereby agree that Consultant may not assign, convey or transfer its interest, rights
and duties in this Agreement without the prior written consent of CITY.
Notices.
(17) Any notices, bills, invoices, or reports required by this Agreement shall be sufficient if sent by the
parties in the United States mail, postage paid, return receipt requested or via overnight delivery service, to the
addresses noted below and shall be effective upon receipt:
Shana Yelverton Richard P. Brady, President
City Manager Matrix Consulting Group
City of Southlake 2470 El Camino Real, Suite 210
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1400 Main Street, 4 Floor Palo Alto, California 94306
Southlake, TX 76092
Miscellaneous
(18) .
(a) This Agreement shall be governed by the laws of the State of Texas and any action relating to this
Agreement shall be filed in state district court in Tarrant County, Texas.
(b) CONSULTANT is an independent contractor and not an employee of the CITY.
IN WITNESS WHEREOF,
CITY and the CONSULTANT have executed this agreement as of the date first written
above.
CITY OF SOUTHLAKE, TEXAS
By: ____________________________
Date:
MATRIX CONSULTING GROUP
By: ____________________________
Richard P. Brady, President
Date: