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HomeMy WebLinkAboutContract 48121-A2 �g�p "� t CITYSECRETARY CONTRACT N0. cq�y c��+; sti RtijPRv SECOND AMENDMENT ¢ TO FORT WORTH CITY SECRETARY CONTRACT NO. 48121 This Second Amendment to Fort Worth City Secretary Contract No. 48121 ("Amendment") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), acting herein by and through Jesus Chapa, its duly authorized Assistant City Manager, and Mackenzie Eason & Associates, LLC ("Consultant"), a Texas limited liability company, acting by and through J. Darien George, its duly authorized Managing Partner, each individually referred to as a "Party" and collectively referred to as the "Parties". WHEREAS, City and Consultant entered into the Agreement for talent acquisition services,the same being Fort Worth City Secretary Contract No. 48121 ("Agreement"); and WHEREAS, the Agreement provided for an initial one-year term expiring on August 28, 2017,with up to four one-year Renewal Periods upon mutual agreement; and WHEREAS, the Parties are currently in their second Renewal Period under City Secretary Contract Number 48121-R2; and WHEREAS, due to an increased amount of higher level executive vacancies during this second Renewal Period, the Parties wish to amend the Compensation section of the Agreement to increase the maximum amount of compensation permissible under the Agreement for the current renewal term only; and WHEREAS, the Parties wish to further amend the Agreement to refine and clarify the process of submitting invoices to ensure that all necessary City personnel are included and to provide more guidance on how payments will be made; and WHEREAS, the Parties wish to amend the Agreement to allow for electronic signatures to be deemed and considered as originals which will be binding on the Agreement. NOW THEREFORE, KNOW ALL BY THESE PRESENT, City and Consultant do mutually agree as follows: 1. That Fort Worth City Secretary Contract No. 48121, as previously amended by Fort Worth City Secretary Contract No. 48121-A1, is hereby further revised by deleting Section 3.1, "General Provisions," in its entirety and by enacting a new Section 3.1 to read as follows: 3.1 General Provisions. Except as otherwise specifically provided below, the full and complete compensation for the Consultant's professional services performed hereunder, including any applicable Statement of Work, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) for ny annual ,FICIAL RECORD SECOND AMENDMENT OF CSC NO.48121 Page 1 of 4 contract period (initial term or Renewal Period). During the one-year second Renewal Period, which ends on August 28, 2019, the full and complete compensation for Consultant's professional services performed hereunder, including under any applicable Statement of Work, shall not exceed Three Hundred Forty-Five Thousand Dollars ($345,000.00); this revised amount shall apply to this second Renewal Period only and does not apply in any subsequent Renewal Period. The City shall pay Consultant in accordance with the provisions of this Agreement. Consultant shall not perform any additional services for the City not specified by the applicable Statement of Work unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by the applicable Statement of Work unless the City first approves such expenses in writing. City agrees to pay all invoices of Consultant within thirty (30) days of receipt of such invoice. Consultant may charge interest on late payments not to exceed one percent (1%)per month, or, if less,the highest rate permitted by law. 2. That Fort Worth City Secretary Contract No. 48121, as previously amended by Fort Worth City Secretary Contract No. 48121-A], is hereby further revised by deleting Section 3.4.2, "Invoice," in its entirety and replacing it with a new Section 3.4.2 to read as follows: 3.4.2 Invoice. Each invoice shall reference the applicable Statement of Work by addendum number. Reimbursable Expenses will be invoiced on a monthly basis until completion of the assignment. If an invoice is seeking both payment of a Fee and reimbursement of expenses, each said amount will be identified separately on the invoice. On each invoice, the Consultant shall separately list the total amount for both Fees and Reimbursable Expenses for which invoices were previously submitted during the then-current annual contract period (either initial term or Renewal Period) and the total amount of Fees and Reimbursable Expenses for the entire period, including those amounts being requested under the then- current invoice. In submitting invoices, Consultant shall provide copies of receipts for all Reimbursable Expenses under subsection 3.3 and shall reference the appropriate Statement of Work. If the City requests additional documentation of expenses, the Consultant shall provide such information if available. Consultant shall submit invoices for Fees and Reimbursable Expenses to the individual identified as the employing department's point person in the applicable Statement of Work and also submit a copy to the Talent Acquisition Manager in the Human Resources Department, 200 Texas Street, Fort Worth, Texas 76102. On full and final completion of the Services for a Statement of Work, the Consultant shall submit a final invoice; including any unpaid Reimbursable Expenses pursuant to subsection 3.3. SECOND AMENDMENT OF CSC NO.48121 Page 2 of 3. That Fort Worth City Secretary Contract No. 48121, as previously amended by Fort Worth City Secretary Contract No. 48121-A1, is hereby further revised by deleting Section 25, "SIGNATURE AUTHORITY," in its entirety and replacing it with a new Section 25 to read as follows: 25. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of his or her respective party and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment(s) hereto may be executed accordingly. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. Any signature delivered by a party by facsimile or other electronic transmission (including email transmission of a portable document file (pdf)or similar image shall be deemed to be an original signature hereto. 4. Except as expressly modified in this Amendment, all other terms and conditions of Fort Worth City Secretary Contract Number 48121, as previously amended, shall remain in full force and effect. (Signature page to follow) SECOND AMENDMENT OF CSC NO.48121 Page 3 of 4 IN WITNESS WHEREOF, the said parties have hereto set their hands and seal of office to triplicate originals on this kcl"O'day ofJul , 2019. CITY: CONSULTANT: CITY OF FORT WORTH MACKENZIE EASON & ASSOCIATES, LLC By: By: Name: Jesus J. Chapa Nam : . Darien Ge Title: Assistant City Manager Title: Managing artner APPROVAL RECtMNDED: By: r/ Name,,AAr Dicker o Titl uman Res ur es Director APPROVED AS TO FORM AND LEGALITY: By: Thomas Royce Ha sen,Assistant City Attorney Contract Authorization: C-J7��-j , Amendment Authorization: M&C NA OF FOR; ATTE n GLC3 By: Ma K yser, City Secretary Contract Compliance Manager: A� By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirem r ts. Nathan Gregory, A sistai irector—Human Resources OFFICIAL.RECORD CITY SECRETARY FT. WORTH,TX SECOND AMENDMENT OF CSC NO.48121