HomeMy WebLinkAboutContract 54439 City Secretary Contract No. 54439
FOR*
T WORTH,
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and The
Research Foundation of The City University of NY(the"Research Foundation"), on behalf of the CUNY
Institute for State and Local Governance("ISLG"),("Vendor"),a non-profit educational corporation,each
individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Payment Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. Scope of Services.Equity Plan Consulting Services.Exhibit"A,"-Scope of Services more
specifically describes the services to be provided hereunder.
2. Term. This Agreement shall be effective on the date countersigned by the Assistant City
Manager below ("Effective Date") and shall expire TWELVE MONTHS from the signed contract date
("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City
shall have the option,in its sole discretion,to renew this Agreement under the same terms and conditions,
for up to TWO(2)one-year renewal options.
3. Compensation. City shall pay Vendor an amount not to exceed ONE-HUNDRED-
EIGHTEEN THOUSAND & THREE-HUNDRED-FIFTY-FOUR DOLLARS and NO CENTS
($118,354.00) in accordance with the provisions of this Agreement and Exhibit `B," Payment Schedule,
which is attached hereto and incorporated herein for all purposes.Vendor shall not perform any additional
services for the City not specified by this Agreement unless the City requests and approves in writing the
additional costs for such services. City shall not be liable for any additional expenses of Vendor not
specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all
invoices of Vendor within thirty(30)days of receipt of such invoice.
OFFICIAL RECORD
4. Termination. CITY SECRETARY
FT.WORTH, TX
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4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date,City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in
writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it shall treat all information provided to it by City ("City Information") as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Vendor. It will be the responsibility of Vendor to submit reasons
objecting to disclosure.A determination on whether such reasons are sufficient will not be decided
by City,but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access,modify, delete or otherwise corrupt City
Information in any way. Vendor shall notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised,in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years after
final payment under this Agreement,or the final conclusion of any audit commenced during the said three
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years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during
normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Vendor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees,Vendors and subVendors.Vendor acknowledges that the doctrine of respondeat superior shall
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents,
servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City.
Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers, agents, servants, employees or subVendor.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS
OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend,settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
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however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action,with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or,if as a result of a settlement or compromise,such use is materially adversely
restricted,Vendor shall, at its own expense and as City's sole remedy,either: (a)procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d)if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
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(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease; policy limit
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium.Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
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11. Compliance with Laws,Ordinances,Rules and ReEulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR,ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth _CUNY Institute for State and Local Governance
Attn: Assistant City Manager for IT Attn: Victoria Lawson,Research Project Director
200 Texas Street 10 East 34th St
Fort Worth,TX 76102-6314 New York,NY 10016
Facsimile: (817)392-8654 Facsimile: (646)664-3450
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
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17. Governing Law/Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted, at law or in equity,is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Majeure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, pandemics, quarantines, material or labor
restrictions by any governmental authority,transportation problems;provided that the parties stipulate that
Force Majeure shall not include the novel coronavirus Covid-19 pandemic which is ongoing as of the date
of the execution of this Agreement. The impacted party shall give the other party notice of the failure or
delay as soon as possible.
20. Timeline Changes. To the extent that any deliverable dates described in Appendix A are
affected by the Covid-19 pandemic,the parties will revise the timeline and establish new deliverable dates
agreed upon by both parties. The City and ISLG will document any changes in dates by email. Any in-
person meetings will occur as soon as is feasibly possible in light of Covid-19 as agreed ed upon by both
parties,and based on the most up-to-date public health guidance and any relevant legal restrictions in Texas
or New York State.
21. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
22. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A,B, and C.
23. Amendments/Modifications/Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
24. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in interest, as
to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
25. Counterparts and E-Signatures. This Agreement may be executed in one or more
counterparts and each counterpart shall, for all purposes,be deemed an original,but all such counterparts
shall together constitute one and the same instrument. The parties agree that execution of this Agreement
by exchanging facsimile, PDF, or e-Signature signatures shall have the same legal force and effect as the
exchange of original signatures.
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26. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's
option,Vendor shall either(a)use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
27. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
28. Ownership of Work Product. Except for any pre-existing intellectual property used by
Vendor, City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in the course of its work under this
Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all
copyright,patent, trademark, trade secret and other proprietary rights in and to the Work Product, except
for any pre-existing intellectual property included by Vendor in the deliverables, to which City shall be
granted a license to use such pre-existing intellectual property for the limited purposes of implementing and
using the services contracted for under this Agreement and doing additional research based on the
deliverables and/or using the Vendor's methodology. Ownership of the Work Product shall inure to the
benefit of City from the date of conception,creation or fixation of the Work Product in a tangible medium
of expression(whichever occurs first). Each copyrightable aspect of the Work Product shall be considered
a"work-made-for-hire" within the meaning of the Copyright Act of 1976,as amended. If and to the extent
such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of
the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title
and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent,
trademark,trade secret,and all other proprietary rights therein,that City may have or obtain,without further
consideration,free from any claim,lien for balance due,or rights of retention thereto on the part of City.
In the event that ISLG wishes to release information relating to this Agreement (i.e. information
mentioning the services provided hereunder or naming City)it shall contact the[Project Director]to ensure
that the information has the approval of City. This paragraph does not affect ISLG's rights to publish any
materials or research funded with this Agreement or to release public statements or release information
about activities or research funded with this Agreement to the extent such materials, research, statements,
or information do not mention the Agreement or City.
29. City of Fort Worth's Obligations. City acknowledges that performance by Vendor
requires information and cooperation City. City shall provide complete, timely and accurate information
where and when available,regarding City's requirements and all other data and information necessary for
performance by Vendor.
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30. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the 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 hereto,may be executed by any authorized representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
31. Change in Company Name or Ownership. Vendor shall notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
32. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1)does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during
the term of the contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
I cl— responsible for the monitoring and administration of
By:
Fernando Costa(Sep 8,202011:56 CDT) this contract,including ensuring all performance and
Name: Fernando Costa reporting requirements.
Title: Assistant City Manager
Se tember8 20
Date: p ,20 By: Veronica Villegas(Sep 8,202011:54 CDT)
Name: Veronica Villegas
APPROVAL RECOMMENDED: Title: Municipal Equity Manager
O, APPROVED AS TO FORM AND LEGALITY:
By:
Christina Brooks(Sep 9,202014:38 CDT)
Name: Christina Brooks
Director/Chief Equity Officer JB Strong(Sep 8, 2012:22 CDT)
Title: By:
4,d4UURn-� Name: JBStrong
ATTEST: F FORto�ad Title: Assistant City Attorney
�o
CONTRACT AUTHORIZATION:00
ddaa>i n..... M&C: 20-0610 09/01/2020
By: U
Name: Mary J.Kayser
Title: City Secretary
VENDOR:
RESEARCH FOUNDATION OF THE CITY
UNIVERSITY OF NEW YORK on behalf of
THE CUNY INSTITUTE FOR STATE AND
LOCAL GOVERNANCE
472ft/. S&I*
Jeffrey I.Slo (Sep 8,2020 11:25 EDT)
By:
Name: Jeffrey Slonim
Title: Chief Counsel
Date: Sep 8,2020 20Sep 8,2020
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
CUNY INSTITUTE FOR STATE & LOCAL GOVERNANCE
Using Data and Performance Management to Increase Equity and Inclusion in Fort Worth
Scope of Services
1. Scope of Services
This Statement of Work establishes the Scope of the Work to be performed, defines the context,describes
specific deliverables,and identifies the responsibilities of the parties in the project defined below.
1.1.Project Description
Equity Plan Consulting Services
In fulfillment of the City of Fort Worth Race and Culture Task Force("Task Force")Recommendations
approved by City Council,the City seeks to retain the CUNY Institute for State and Local Governance
(the"Provider")to:
• Guide the City of Fort Worth Department of Diversity and Inclusion and the Department of
Planning and Data Analytics in the establishment of a quantitative and qualitative methodology to
collect, analyze,and use data to maintain a City Equity Plan. The Equity Plan will measure the
equitable delivery of municipal services,internal workforce development by demographics,and
help inform the fair allocation of City resources that reduce and or eliminate racial disparities in
municipal service delivery and City employee development.
1.2.Statement of Work
The PROVIDER shall provide services and project deliverables as specified herein below:
1.2.1. Project Scope
The scope of services that the Provider shall provide as part of this Statement of Work will consist of five
primary tasks: 1)Project Initiation; 2)Community Engagement; 3)Outcome/Metric Identification and
Data Diagnostic; 3)Municipal Service Mapping; 4)Departmental Equity Assessment; and 5)Final
Report.More detail on each of these tasks is provided below.
1.2.1.1. Project Initiation
Project Initiation will lay the groundwork for the remainder of the work. As part of this task,the Provider
will develop working relationships with the City of Fort Worth Equity Plan Project Manager("Project
Manager") and City of Fort Worth Equity Plan Working Group(EPWG),confirm the plan for moving the
work forward,and establish the local context.
Project initiation will begin with a kickoff call between the Provider and Project Manager to introduce the
team and establish roles and responsibilities for the Provider,Project Manager,and EPWG; before
moving to a discussion of the context for the work and the plan for moving it forward.A follow-up call
with the EPWG will be scheduled as soon as possible following the kickoff to further establish the
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context for the work and how it will unfold.From there,the Provider will engage in background research
on the work of the Task Force,including conversations with individual Task Force members as needed,
and the existing state of equity across the seven substantive areas identified by the Task Force: criminal
justice,economic development, education,governance,health,housing,and transportation.
1.2.1.2. Community Engagement
Once the Provider has gained a fuller understanding of the context for the work and findings and
recommendations of the Task Force,the Provider will seek to engage the broader community in further
fleshing out the substantive areas identified by the Task Force and discussing additional critical outcomes
and metrics that could be tracked, as well as getting community members' input on the best ways to
ensure that the local community is kept informed of progress moving forward and provided opportunities
to contribute to change efforts wherever possible.
The community engagement process will begin during project initiation with a discussion between the
Provider,Project Manager,and EPWG of the key groups and individuals that should be involved and in
what capacity. In order to ensure the process is equitable and inclusive,the Provider will prioritize
engagement with those that have the lowest levels of influence,such as hard-to-reach members of the
community. The Provider will also discuss with the Project Manager any recent engagement efforts in
order to avoid engagement fatigue,which can occur when communities are approached repeatedly with
the same questions but without any progress on the issues that they need addressed.
Community engagement will utilize two primary methods: an online survey and a series of up to six
large,in-person meetings co-facilitated by the Provider and the Department of Diversity and Inclusion.
Through both of these methods,the Provider will investigate attendees'/respondents'perceptions of
equity in Fort Worth across multiple substantive areas(e.g.,economic opportunity,criminal justice,
public health), including their own experiences,and solicit their opinions on the most important areas and
outcomes to measure and track over time. The Provider will also ask them about whether they have
knowledge of the best ways in which to obtain information about those areas and outcomes.
The online survey will allow community members to provide input early in the process,while the
restrictions imposed by COVID-19 are still in place. It will also provide a forum for those unable or
unwilling to attend in-person meetings to contribute to the process and have their voices heard. The
Provider will create and manage the online survey using Google Forms,and will work with the Project
Manager and EPWG to disseminate the survey as widely as possible.
The in-person meetings will occur as soon as is feasibly possible in light of COVID-19 as agreed upon by
both parties, and based on the most up-to-date public health guidance,restrictions imposed by the City
University of New York,and any relevant legal restrictions in Texas or New York State. The Provider
will conduct a site visit to enable it to present the project to attendees in partnership with the Department
of Diversity and Inclusion and EPWG,and facilitate breakout groups.All of these meetings will be held
in places of trust and safety in different parts of the city and at different times of day in order to provide
the widest range of possibilities for stakeholders with different availabilities to attend.
If the Provider,Project Manager,and EPWG agree that in-person engagement is necessary prior to the
easing of COVID-related restrictions that would allow the Provider to travel to Fort Worth,the Provider
will participate in engagement sessions remotely. If engagement is desired prior to the easing of
restrictions that would allow convenings of large groups of individuals at all,sessions will be conducted
remotely in their entirety, or only the online survey will be utilized; this decision will be made by the
Provider,Project Manager,and EPWG based on the priorities of the City of Fort Worth.
Both the online survey and the written materials provided at the in-person meetings will include an email
address for stakeholders to contact the Provider directly with additional pieces of information and any
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questions or concerns they might have. The Provider will collect the responses received by email and
analyze them together with the survey results and notes from the in-person meetings.
1.2.1.3. Outcome/Metric Identification and Data Diagnostic
Drawing on the work of the Task Force and input from community stakeholders,the Provider will
identify a subset of key outcomes within each of the Task Force's seven areas and any other critical areas
identified by the community during the engagement process, and establish a framework of metrics that
can be used to track progress on these outcomes over time. The Provider will also work with the Project
Manager and EPWG to develop benchmarks for outcomes and metrics as appropriate based on the nature
of the outcome/metric.The Provider will then conduct an in-depth diagnostic of the City's ability to
measure these key outcomes and metrics using the data available to them. The diagnostic will explore not
only whether data are or have been collected,but whether they are regularly collected(and if so,how
often),whether they are disaggregated by group(e.g.,race and ethnicity),and whether geographic
information is collected to enable geocoding. Based on the findings from the diagnostic,the Provider will
make recommendations for improving existing data collection,as well as any new data collection efforts
that might be necessary to track key metrics.
Where data were provided as part of the data diagnostic,the Provider will populate metrics using the most
recent data available, explore disparities by geography and disadvantaged group,and compare findings to
benchmarks. Where disparities can be disaggregated by geography,these will be geocoded and mapped
using GIS.For this set of metrics,the Provider will also conduct analyses to explore what outcomes
would look like if there were equity on each metric(e.g., if arrest rates were equal,XX fewer Blacks
would be arrested per year).
Once the Provider has assessed existing data for the City of Fort Worth,the Provider will explore which
outcomes and metrics are suitable for comparison to national and regional data,as well as to one or more
comparable cities,based on the extent to which comparable data are collected. The Provider will then
develop instructions for collecting and analyzing these data,as well as for how to appropriately interpret
and use these comparisons.The Provider will collect data for one key outcome/metric to provide a
concrete example for the City to use when collecting these data in future.
The Provider will then develop a detailed guide for collecting, analyzing, and interpreting data to populate
the metrics,assess progress on outcomes,and use the information to inform policy and practice. The
guide will include the methodology for making comparisons to other locations and for exploring potential
outcomes were equity to be achieved and examples from the Provider's analyses during this phase of
work.
1.2.1.4. Municipal Service Mapping
Once the key outcomes and metrics have been established,the Provider will turn to examining the work
of Fort Worth's agencies and departments. The Provider will first work with the Project Manager and
EPWG to identify all of the City's agencies and departments that the Department of Diversity and
Inclusion will want to assess over time. Once these agencies and departments have been identified,the
Provider will next map each one onto the critical municipal services each provides. Service delivery and
the equity of service delivery, in turn,will be examined as part of the Departmental Equity Assessment.
1.2.1.5. Departmental Equity Assessment
The Departmental Equity Assessment tool will be created by the Provider and piloted on one department.
In addition to measuring the equitability of service delivery,the Departmental Equity Assessment tool
will be designed to assess the extent to which the internal workforce is equitable and representative of the
broader Fort Worth population by key demographics such as race, ethnicity,and gender; and how well its
policies and practices,including professional development,promote diversity and inclusion.The tool will
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then explore how the agency or department's critical services are delivered and the extent to which
inequities in the delivery of these services or the manner in which they are allocated might contribute to
existing inequities.The tool will also include a basic methodology for estimating what outcomes would
look like were equity in service delivery to be achieved, akin to those utilized for broader outcomes(e.g.,
if equity in street conditions were achieved,Minority Majority Areas would have X%of good-condition
streets).The tool will rely on departmental and City data combined with interviews, focus groups,and/or
surveys with staff across levels and positions.
Once the draft tool has been created,the Provider will solicit feedback from the Project Manager and
EPWG,revise as necessary, and then pilot it on one Fort Worth department or agency, currently
designated as the Department of Transportation and Public Works. Once the pilot has been completed,the
Provider will document the findings and revise the tool based on both its own assessment and feedback
from Department staff,the Project Manager,and the EPWG. Once the tool has been finalized, detailed
instructions for using it and interpreting the results will be created to enable the Department of Diversity
and Inclusion to conduct future assessments of City departments and agencies on an ongoing basis.
1.2.1.6. Final Report
The project will culminate in a final report that can be used to develop the City of Fort Worth's Equity
Plan. The report will contain the following:
• Summary of the work conducted;
• Final list of outcomes and metrics to be tracked;
• Results from the data diagnostic and recommendations for improving existing data collection
and/or undertaking new data collection efforts;
• Baseline measurements for select outcomes and metrics that were able to be populated based on
data provided during the data diagnostic;
• Results from the pilot Departmental Equity Assessment; and
• Any recommendations for policy and practice that can be drawn from the findings from the above
activities.
Appendices to the report will include the guide to collecting,analyzing,and interpreting metrics;map of
municipal services provided by individual City of Fort Worth departments and agencies; and
Departmental Equity Assessment tool.
The report, findings,and recommendations will be presented in an interactive webinar with City staff,
Executive Level City Administration, and the local community.
1.2.2. Outside Project Scope
Here is the list of the services/items that are outside the list of responsibilities and deliverables of the
PROVIDER.
• City of Fort Worth workforce data protected by Texas Open Records laws
1.2.3. Timeline and Deliverables
The project will proceed over a 9-month period projected to run from October 1,2020 to June 30,2021. If
the start date is delayed,all deliverable dates and the end date will shift accordingly(e.g., if the project
starts November 1,all dates will be moved back one month). The City and ISLG will document any
change(s)in dates by email.
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City Secretary Contract No.
Task Deliverable Deadline
Task 1: Project Initiation N/A
Task 2: Outcome and Metric •List of outcomes and metrics
Identification •Results and recommendations from
the data diagnostic
•Findings from analyses of select
data provided during the data February 28,
diagnostic 2021
•Reproducible,color-printed GIS
map of disparities with key based
on data provided during the data
diagnostic
•Any raw datasets obtained
Task 3: Municipal Service Mapping •Map of municipal services
provided by City of Fort Worth March 30,2021
departments and agencies
Task 4: Departmental Equity Assessment •Departmental Equity Assessment May 31,2021*
tool
Task 5: Final Report •Final report June 30,2021*
•Webinar
*Assuming an October 1,2020 start date
2. Term of Statement of Work
Shall be bound by the conditions outlined in the contract agreement attached.
3. Project Management
3.1.Project Managers
The Project Manager for PROVIDER is:
• Victoria Lawson,Research Project Director,CUNY Institute for State and Local Governance
The Project Managers for the CITY OF FORT WORTH are:
• Christina Brooks,Chief Equity Officer&Director of Department of Diversity and Inclusion
• Veronica Villegas,Manager Municipal Equity Division—Department of Diversity and Inclusion
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City Secretary Contract No.
EXHIBIT B
PRICE SCHEDULE
Task Deliverable Deadline Payment
Schedule
Task 1:Project Initiation N/A
Task 2:Outcome and •List of outcomes and metrics
Metric Identification .Results and recommendations from the
data diagnostic
•Findings from analyses of select data
provided during the data diagnostic February 28,2021
•Reproducible,color-printed GIS map
of disparities with key based on data
provided during the data diagnostic
•Any raw datasets obtained
Task 3:Municipal Service .Map of municipal services provided by 50%upon
Mapping City of Fort Worth departments and March 30,2021* completion
agencies
Task 4:Departmental •Departmental Equity Assessment tool May 31,2021
Equity Assessment
Task 5:Final Report .Final report * Final
•Webinar June 30,2021 Payment
*Assuming an October 1,2020 start date
Vendor Services Agreement Page 16 of 17
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
Vendor Services Agreement—Exhibit C Page 17 of 17
9/10/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTII
DATE: 9/1/2020 REFERENCE **M&C 20- LOG NAME: 08EQUITY PLAN
NO.: 0610 CONSULTANT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL)Authorize Execution of a Services Agreement with City University New
York Institute for State and Local Governance in the Amount Not to Exceed $130,190.00
for Consultation Services Related to the Development of an Equity Performance
Management System
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a services agreement with City
University New York Institute for State and Local Governance in an amount not to exceed
$130,190.00 for consultant services with the City's Department of Diversity& Inclusion to develop and
implement an equity performance management system.
DISCUSSION:
The City of Fort Worth has demonstrated a substantial commitment to increasing equity and inclusion
through data-driven decision-making and community engagement. The framework for this
commitment is the work carried out by the City's Race and Culture Task Force, whose 22
recommendations span seven substantive areas: criminal justice, economic development, education,
governance, health, housing, and transportation. Each recommendation was accompanied by an
implementation strategy and a set of performance metrics by which the organization taking the lead in
implementation could gauge its success.
The City University New York Institute for State and Local Governance (ISLG) is uniquely positioned
to build on the work of the Task Force. Through its Equality Indicators Project, ISLG has worked with
local governments to create Equality or Equity Indicator tools in six cities. ISLG also has extensive
experience developing performance metrics and systems for performance management, as well as
conducting operational assessments and making recommendations for improvement. To aid in these
efforts ISLG will work with the City's Department of Diversity& Inclusion to develop and implement an
equity performance management system by:
Engaging the local community in further fleshing out the substantive areas identified by the City's
Race and Culture Task Force and discussing additional critical outcomes and metrics that could be
tracked.
Soliciting community input on the best ways to ensure that the local community is kept informed of
progress moving forward and provided opportunities to contribute to change efforts wherever
possible.
Identifying reliable data sources which can be measured on an ongoing basis and merge these
outcomes with those identified by the Task Force to create a robust framework of metrics that the
City of Fort Worth can track moving forward.
Establishing a performance management system in which these metrics will be regularly reviewed
and used to inform policy and practices.
Developing a customized departmental equity assessment tool that can be used to measure the
performance of Fort Worth's different departments and agencies on an ongoing basis. The
customized equity assessment tool will include identification of the critical municipal services each
department provides and a system for measuring delivery of each of those services by geography
and by disadvantaged group, wherever possible.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon the approval of the recommendation, funds are available in
the current operating budget, as previously appropriated, in the General Fund. Prior to any
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9/10/2020 M&C Review
expenditure being incurred, the Diversity& Inclusion Department has the responsibility to validate the
availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by_ Fernando Costa (X. 6122)
Originating Department Head: Christina A. Brooks (x.8988)
Additional Information Contact: Veronica Villegas (x.6178)
Angela Rush (x.6155)
ATTACHMENTS
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