Broward County Commission Regular Meeting
Director's Name: Stephen Farmer (Acting Director)
Department: Finance and Administrative Services Division: Human Resources
Information
Requested Action
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MOTION TO APPROVE Third Amendment to Agreement between Broward County and VitalSmarts, LC., LLC D/B/A Crucial Learning for VitalSmarts Training Materials, Agreement No. OPN2123686Q2_1, for the Human Resources Division, to extend the term for up to five additional one-year terms, amend certain terms applicable to the services and optional services, and increase the maximum not-to-exceed amount by $411,000, for a ten-year not-to-exceed amount of $870,000.
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Why Action is Necessary
In accordance with Broward County Procurement Code Section 21.47, Award and Execution Authority, the Board shall make all awards, and authorize the execution of the associated contracts, with a value of more than $500,000, inclusive of the value of any renewals or extensions.
What Action Accomplishes
Approves the Third Amendment to extend the term, amends certain terms applicable to services and optional Services, and increases the maximum not-to-exceed amount.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT/HUMAN RESOURCES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
The Human Resources Division Learning and Organizational Development Team (LOD) is committed to developing leaders who can create an environment where employees will want to join, grow, and stay. The LOD offers targeted supervisory and leadership development programs to Broward County managers. As the County continues to find ways to better develop its leaders and in response to training needs identified through employee “exit” and employee “stay” surveys, the County adopted the Crucial Conversations© program offered by VitalSmarts D/B/A Crucial Learning in November 2021 after entering into a Sole Source Agreement [OPN2123686Q1_1]. LOD Specialists became certified to deliver Crucial Conversations©, and the materials (learner guides) are proprietary, copyrighted and cannot be purchased from any other vendor.
Over the past five years covered by this Agreement, the County has adopted the Crucial Conversations©, Crucial Accountability©, Influencer©, and Getting Things Done© courses, which have all been delivered by Broward County LOD Specialists using training materials purchased from VitalSmarts. In FY27, LOD will be adding the Crucial Teams© and Strengths Development Inventory (SDI)© to its Crucial Learning curriculum.
The original Agreement was amended by a First Amendment, dated December 19, 2022, which added Optional Services, and a Second Amendment, dated December 11, 2024, which added two additional one-year renewal terms and established pricing for same, increased the maximum award amount, and increased the maximum amount payable for Optional Services.
The Third Amendment extends this agreement for up to five additional one-year terms, which allows for the continued offering of the Crucial Learning courses.
The Third Amendment has been approved as to form and legal sufficiency by the County Attorney’s Office. The Amendment includes non-standard terms addressing the County’s use of Contractor’s proprietary training materials, including intellectual property, virtual training, and artificial intelligence restrictions, and establishes terms governing cancellation or rescheduling of training events. It also permits reimbursement of certain nonrefundable or nonrecoverable expenses associated with cancelled or rescheduled training events.
Source of Additional Information
Allen Wilson, Director, Human Resources Division, (954) 357-6090
Fiscal Impact
Fiscal Impact/Cost Summary
The Third Amendment is for a not-to-exceed amount of $870,000 over a potential five-year period, which includes $120,000 in Optional Services, allocated by general funds. The funds estimated for the current Fiscal Year are included in the current Fiscal Year budget.