HomeMy WebLinkAboutContract 48121-A1 CITY SECRETARY "LL$I
CONTRACT NO. —
FIRST AMENDMENT
TO FORT WORTH CITY SECRETARY
CONTRACT NO. 48121
This First 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 Susan Alanis, its duly
authorized Assistant City Manager, and Mackenzie Eason & Associates, LLC ("Consultant"), a
Texas limited liability company, acting by and through 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 provides for an initial one-year term expiring on August 28,
2017,with up to four one-year renewal options upon mutual agreement; and
WHEREAS, during the course of the Agreement, the Parties have come to realize that
finding long-term placements for some positions has been particularly challenging; and
WHEREAS, the Parties are currently in their second renewal under City Secretary
Contract Number 48121-R2;and
WHEREAS,the Parties wish to amend the Compensation section of the Agreement; and
WHEREAS, the Parties wish to add an additional clause to the Agreement titled
"Prohibition on Contracting With Companies that Boycott Israel."
NOW THEREFORE, KNOW ALL BY THESE PRESENT, City and Consultant do
mutually agree as follows:
1.
That Section 3 of the Agreement, "Compensation," is hereby deleted in its entirety and replaced
with a new Section 3 to read as follows:
3. COMPENSATION.
3.1 General Provisions. As full and complete compensation for the
Consultant's professional services performed hereunder, Consultant's services
510EA�Jso under this Agreement, including any applicable Statement of Work, shall not
OCA 5 20 exceed Two Hundred Fifty Thousand Dollars($250,000.00)annually.
� SR `l The City shall pay Consultant in accordance with the provisions of this
Agreement. Consultant shall not perform any additional services for the City not
FIRST AMENDMENT OF CSC NO.48895 Page 1 of 5
CITY SECRETARY
�'�i9�RT1•N,TX
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(10/6)per month,or, if less,the highest rate permitted by law
3.2 Fee Structure.
3.2.1 Standard Statement of Work. In the event the City hires a candidate that
the Consultant has presented under a standard Statement of Work for the initial
posting of a position (Initial Posting), the City'agrees to pay the Consultant as
follows:
a. If a candidate is hired for a salary of up to one hundred twenty thousand
dollars ($120,000.00), City will pay Consultant twenty-five percent (25%) of
the candidate's base salary or a set amount of Twenty-Four Thousand Five
Hundred Dollars($24,500.00), whichever is lower.
b. If a candidate is hired for a salary above $120,000.00, City will pay
Consultant twenty percent(20%)of the candidate's base salary.
If the selected candidate (other than an internal candidate) should be terminated
within two hundred seventy (270) days from the date of hire or if the City
reasonably determines not to hire a candidate presented by Consultant, Consultant
shall conduct another search (Re-Posting) as contemplated herein for no
additional professional fee under this section 3.2.1, but Consultant shall be
entitled to Reimbursable Expenses in accordance with section 3.3.
3.2.2 Nonstandard Statement of Work. In the event that City requests Consultant
to perform the Services as described in this Agreement for a position that has had
"historically high turnover" and which the City has had difficulty filling, the
Parties may mutually agree in writing, within that specific position's Statement of
Work, to an alternate fee structure for that position only. The alternate fee
structure may include a shorter time period than 270 days, should a candidate be
terminated, as indicated in the above paragraph, Consultant will also agree to a
lower Fee than what is described in section 3.1 of this Agreement.
To establish that a position has had"historically high turnover" evidence must be
provided by Consultant to City that shows how it would be more difficult to fill
that position and that historical evidence suggested that individuals in that
position had not remained in that position for an extended period of time.
3.2.3 Additional Services: In the event the City requires services other than talent
acquisition, the City shall make a request in writing for such additional services.
FIRST AMENDMENT OF CSC NO.48895 Page 2 of 5
The Consultant shall be compensated at a negotiated rate plus expenses as set
forth in writing.
3.3 Reimbursable Expenses: Consultant may seek reimbursement for actual
expenses for travel (such as airfare, lodging, personal car mileage, and a limited
per diem), background checks, brochure development, placement of
advertisements, and printing, photocopy, and mailing and any optional services
requested by the City (collectively "Reimbursable Expenses"). Personal car
mileage will be billed at rates not to exceed standard IRS business mileage rates
in effect at the time of travel. The Consultant shall provide the City with a listing
of expenses by category of expense as a part of monthly billings
In addition to any fee due under subsection 3.2.1 for an Initial Posting, the City
shall reimburse Consultant for Reimbursable Expenses incurred under each
Statement of Work provided however that all such expenses must be approved by
the City in advance and shall not exceed Eight Thousand Dollars ($8,000) per
each Statement of Work. In case of a Re-Posting the City shall reimburse
Consultant for actual expenses as agreed in writing but not to exceed Eight
Thousand Dollars ($8,000) for each Re-Posting. In the case of any Additional
Services under 3.2.3 the amount of Reimbursable Expenses shall be mutually
agreed to in advance in writing by the parties prior to commencement of the work.
3.4 Payments:
3.4.1 Structure of Payments. Each Statement of Work for Talent Acquisition
services shall outline Consultant's fee to be paid. The Fee shall be structured as
three (3) payments with the first payment equaling one third (1/3) of the total as
the retainer/deposit and the last two (2) payments each equaling one third (1/3) of
the total due.
Consultant shall submit invoices for each of the three (3) payments with such
invoices corresponding to project milestones as follows:
a. Execution of Statement of Work
b. Identification of Qualified Candidates or at other date specified in the
Statement of Work
c. Seven days atter Candidate begins work at the City
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.
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.
FIRST AMENDMENT OF CSC NO.48895 Page 3 of 5
Consultant shall submit invoices for Fees and Reimbursable Expenses to Monique
Schomp, 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.
3.4.3 Time for Payment: Dispute. Invoices are generally due and payable within
thirty(30)days of receipt. In the event of a disputed or contested billing, only the
portion being contested will be withheld from payment, and the undisputed
portion will be paid. City will exercise reasonableness in contesting any bill or
portion thereof. No interest will accrue on any contested portion of the billing
until the contest has been mutually resolved. Additionally, City is not liable to
Consultant for attorney's fees incurred in collection of any disputed or contested
charges.
For contested billings,the City shall make payment in full to Consultant within 60
days of the date the contested matter is resolved. If City fails to make such
payment, Consultant may, after giving 7 days' written notice to City, suspend
services under this Agreement until paid in full, including interest calculated from
the date the billing contest was resolved. In the event of suspension of services,
Consultant shall have no liability to City for delays or damages caused to City
because of such suspension of services.
2.
That a new clause, "PROHIBITION ON CONTRACTING WITH COMPANIES THAT
BOYCOTT ISRAEL,"is hereby added to the end of the Agreement and will read as follows:
27. PROHIBITION ON CONTRACTING WITH COMPANIES THAT
BOYCOTT ISRAEL
Consultant 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, Consultant certifies that
Consultant's signature provides written verification to the City that
Consultant: (1) does not boycott Israel; and (2)will not boycott Israel during
the term of the contract.
3.
Except as expressly modified in this Amendment, all other terms and conditions of Fort
Worth City Secretary Contract Number 48121 shall remain in full force and effect.
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IN WITNESS WHEREOF, the said parties have hereto set their hands and seal of office
to triplicate originals on this day of , 2018.
CITY: CONSULTANT:
CITY OF FORT WORTH MACKENZIE EASON & ASSOCIATES,
LLC
By: By:
Name: Susan Tanis Name: Darien George
Title: A&4sfant City Manager Title: Managing Partner
APPROVAL RE ENDED:
By:
Na Tan Dick r on
Title: Human Retvbrces Director
APPROVED AS TO FORM AND LEGALITY:
By:_
Name: Thomas Royce Hansen
Title: Assistant City Attorney
Contract Authorization:
Amendment Authorization: M&C
ATTE D:
By:
Na e: Mary yse 6U
Title: City Secretary �c
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance OFFICIAL.RECCRD
and reporting requireaetits.
CITY SECRBTA '1`
FT.WGRTH�
N than Gregory
Contract Compliance Sp cialist
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