HomeMy WebLinkAboutContract 55656City Secretary ContractNo.l 55656 j
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VENDOR SERVICES AGREEMENT
This VENDOR SERVICFS AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through its duly authorized Assistant City Manager, and TIP STRATEGIFS, INC. ("Vendor"), a Texas
corporation, and acting by and through its duly authorized representative, each individually referred to as a
"party" and collectively referred to as the "parties."
L Scope of Services. Vendor agrees to review and update the City's 2017 Economic
Development Strategic Plan as set forth in more detail in Exhibit "A," attached hereto and incorporated
herein for all purposes ("Services").
2. Term. This Agreement begins on Apri126, 2021("Effective Date") and expires on August
31, 2021 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Term").
3. Compensation.
3.1 Total compensation under this Agreement will not exceed Ninety-Five Thousand
Dollars and No Cents ($95,000.00).
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and provisions of this Agreement, including Exhibit "B,"
which is attached hereto and incorporated herein for allpurposes.
3.3 Vendor will not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City will not be liable for any additional expenses of
Vendor not specified by this Agreement unless City first approves such expenses in
writing.
4. Termination.
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 will 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 herem agreed upon for which funds have been appropriated.
Vendor Services Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
4.3 Duties and Obli�ations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termmation and Vendor will 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 will 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 hereundex,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made fuIl
disclosure in writing of any existmg 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 will treat all information provided to it by City ("City Information") as confidential
and will 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 will promptly notify Vendor. It will be theresponsibility of Vendor to submitreasons 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.
5.4 Unauthorized Access. Vendor must store andmaintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information m any way. Vendor must 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 will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Ri�ht to Audit. Vendor agrees that City will, 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
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 will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will 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
Vendor Services Agreement Page 2 of12
provisions of this Agreement, Vendor will have the exclusive right to controlthe details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will 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, contractors, or contractors.
Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCL UDING, INCL UDING, BUT NOT LIMI7'ED TO, DEATH, TO ANY AND ALL
PERSONS, OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAZISED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL M7SCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATNES,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDENINIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND PERSONAL INJURY, INCL UDING, BUT NOT LIMITED TO, DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH TH7S
AGREEMENT, TO THEEXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MAL FEASANCE OF VENDOR, TlS OFFICERS, AGENTS, REPRSENTATIVES,
SERYANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIF7CATION — 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 or documentation in accordance with this Agreement,
it being understood that this agreement to defend, settle or pay will 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 will 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; however, City will have the right
to fully participate in any and all such settlement, negotia�ons, 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 C�ty for infringement arising under this Agreement, C�ty
will 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 will fully participate and cooperate with City in defense of such claim or action.
Vendor Services Agreement Page 3 of12
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 will 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 materiaIly adversely restricted, Vendor will, 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
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and 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
Assignment and Subcontracting.
9.1 Assi�nment. Vendor will 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 will 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 will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the as s ignment.
9.2 Subcontract.IfCitygrantsconsenttoasubcontract,thesubcontractorwillexecute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies ofthe following types and minimum coverage limits that areto be in effectpriorto commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providmg Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non-owned.
Vendor Services Agreement Page 4 of12
(c) Worker's Compensation:
Statutory lunits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are 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
(d) Professional Liability (Errors & Omissions): � Applicable� N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must 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 must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must 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 will not constitute a waiver of the insurance requirement.
Vendor Services Agreement Page 5 of12
(f) Certificates of Insurance evidencing that Vendor has obtained allrequired
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Re�ulations. Vendor agrees that in the
performance of its obligations hereunder, it will 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 must immediately desist
from and carrect the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate m 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 TEIIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRFSINTATIVFS, ASSIGNS, CONTRACTORS,
SUBCON'IRACTORS, OR SUCCFSSORS IN INTERFST, VENDOR AGREFS TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLES S
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will 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, ar(3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
�:f�����
TIP Strategies, Inc.
Tom Stellman, CEO/Founder
2905 San Gabriel Street, Ste. 205
Austin Texas 78705
Facsimile: (512) 343-9113
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, 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 will 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.
Vendor Services Agreement Page 6 of12
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 does 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.
17. Governin� Law / Venue. This Agreement willbe 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 will 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 will not in any way be
affected or impaired.
19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, includmg, 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; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbanc es; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Farce Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headin�s not Controllin�. Headings and titles used in this Agreement are for reference
purposes only, will notbe deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. 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 will not be employed in the mterpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Fxtensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warrantyo uf 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
Vendor Services Agreement Page 7 of12
option, Vendor will 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.
25. Immi�ration Nationality Act. Vendor must 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 requestby City, Vendar will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must 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. VINDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLFSS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced �
conjunction with the services provided under tl�is Agreement (collectively, "Work Product"). Further, Cily
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Wark Product. Ownership of the Work Product will 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 will be considered a"work-mad�
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Wark
Product, or any part thereof, is not considered a"wark-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 ha�e or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Si�nature Authority. The person signing this Agreement hereby warrants that they haue
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, ordmance or other authorization of the entity. Thi�
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Chan�e in Company Name or Ownership. Vendor must 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.
29. No Boycott of IsraeL If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contractcontains awritten verification from the company that it: (1) does
notboycottIsrael; and (2) will notboycottIsraelduring the term ofthe contract. Theterms "boycottIsraeP'
Vendor Services Agreement Page 8 of12
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Electronic Si�natures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for allpurposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. viapdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
31. Entirety of A�reement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or c ontemporaneous oral or written agreement is hereby dec lared null and void to the extent m c onflict
with any provision of this Agreement.
(signature page follows)
Vendor Services Agreement Page 9 of12
IN WITNE.SS WHII2EOF, the parties hereto have executed this Agreement in multiples.
City:
�'
Name:
Title:
Date:
Je$us J. DigitallysignedbyJesusJ.
Chapa
Chapa OSppz021042808:52:09
Jay Chapa
Deputy City Manager
Vendor:
Digitally signed by Tom
�++ Stellman
T�m Jlellman Date 2021 04 20 17:48:43
Th,: -O5'00'
�-�.r
Name: Tom Stellman
Title: CEO/Founder
Date:
FOR CITY OF FORT WORTHINTERNAL PROCESSES:
Approval Recommended:
Digitally signed by Robert Sturns
Robert Sturns oa=e:2o2,.04.22�5:34:32
-�5����
BY:
Name: Robert Sturns
Title: Director, Economic Development
Approved as to Form and Legality
T��er VVa��aC� DigitallysignedbyTylerWallach
Date: 2021.04.23 08:1534
-O5'00'
�•
Name: �'yler F. Wallach J
Title: Assistant City Attorney
Contract Authorization:
M&C: jN�
Form 1295:�N�
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and admmistration
of this contract, including ensuring all
performance and reporting requirements.
Brenda L. H�CkS- DigitallysignedbyBrendaL.
Hicks-Sarensen
Sorensen Date:2021.04.2116:46:05
Rc �. -05'00'
'-'.Y
Name: Brenda Hicks-Sorensen
Title: Assistant Director, Economic
Development
City Secretary:
By: ��/������� (�
Name: Mary Kayser
Title: City Secretary
OFFICIAL RECORD
Vendor Services Agreement
CITY SECRETARY
FT. WORTH, TX
City Secretary ContractNo.l I
EXHIBIT A
SCOPE OF SERVICES
1. DISCOVERY � What has changed in the last three years? In light of the COVID-19 pandemic, what
trends are likely to affect the City going forward?
• Project kickoff. Vendor will facilitate a priority-setting conference call with the City to discuss
objectives and expectations.
• Current conditions. Vendor will prepare a targeted assessment of data and trends integral to re-
visiting the plan.
• Organizational update. Vendor will interview key personnel to discuss any changes to the City's
mission, vision, and major initiatives, as well as any potential challenges or opportunities. TIP
can also conduct roundtables with key stakeholders and partners to solicit input on the update.
2. OPPORTUNITY � What new opportunities are open to the City? Which opportunities are no longer
relevant?
• Goals & objectives. Vendor will collaborate with city staff to conduct a review of the existing
plan's goals and objectives.
• Tar�et industry refresh. Vendor willrevisit the established sectors and emerging opportunities
identified in the 2017 Economic Development Strategic Plan to evaluate how these sectors have
been impacted by the pandemic and associated economic uphea�al.
• Equity and inclusion. Emphasis will be placed on ensuring the strategies and recommendations in
the 2017 Economic Development Strategic Plan are approached through an equity lens. Vendor's
current work establishmg an Office of Economic Equity and Opportunity for Harris County will
help to inform this work.
• Strate�ies. Once the goals and objectives have been confirmed, Vendor will work closely with
City staff to build out a matrvc showing current strategies and suggested revisions.
IMPLEMENTATION � How ha�e the City's priorities and resources changed?
• Recommendations. Vendor will present its findings in an abbreviated written document. Vendor
will also collaborate with City staff to prepare an updated implementation matriY.
• Rollout presentation. Vendor will prepare a PowerPoint summarizing key findings and
highlighting any significant change in direction. If requested by the City, Vendor will also
participate in a rollout presentation to the City leadership
Vendor Services Agreement Page 11 of12
City Secretary ContractNo.l I
EXHIBIT B
PAYMEI�IT SCHEDULE
COMPINSATION.
1.1 Total compensation will not exceed Ninety-Five Thousand Dollars and Zero Cents
($95,000.00) for all Services performed under this Agreement. Subject to Section 3 of the Agreement, City
will pay Vendor in the following installments set forth below:
a. Nineteen Thousand Dollars and No Cents ($19,000.00) within thirty (30)
calendar days after execution of this Agreement by the City.
b. Nineteen Thousand Dollars and No Cents ($19,000.00) after the City receives
and approves of an invoice for all Services performed in June of 2021.
c. Nineteen Thousand Dollars and No Cents ($19,000.00) after the City receives
and approves of an invoice for all Services Performed m July of 2021.
d. Nineteen Thousand Dollars and No Cents ($19,000.00) after the City receives
and approves of an invoice for all Services Performed in August of 2021.
e. Nineteen Thousand Dollars and No Cents ($19,000.00) after Vendor's
completion of all of the Services, City's review and acceptance of the same, and
receipt and approvalby the City of an invoice.
1.2 Upon completion of each of the milestones listed in Exhibit B, Section 1(a) —(e), the
Vendor will provide the City with a fee invoice summarizing the portion of the Services that have been
completed. If the City requires additional reasonable information, it will request the same promptly after
receiving the above information, and the Vendor will provide such additional reasonable information to the
extent the same is available. Invoices mustbe submitted to the City ofFort Worth, Economic Development
Department, Brenda Hicks-Sorensen, 1150 South Freeway, Ste. 106, Fort Worth, Texas 76104.
Vendor Services Agreement Page 12 of12