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PROFESSIONAL SERVICES AGREEMENT
���o�T1 SEGS Colette Holt&Associates
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH (the "City"), a Texas home rule municipality, and
COLETTE HOLT&ASSOCIATES("Consultant"),a sole proprietor,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 Professional Services Agreement;
2. Exhibit"A"—Scope of Services;
3. Exhibit B"—Compensation;and
4. Exhibit"C"—Verification of Signature Authority.
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 Exhibit A or
B 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.
Consultant shall prepare and deliver a comprehensive Disparity Study related to the availability
and utilization of minority-owned, woman-owned, and disadvantaged business enterprises in contracting
opportunities in the City, as more specifically set forth in Exhibit "A" (the "Services"). Consultant
understands and agrees that the Services provided hereunder are strictly for consulting services and do not
constitute a retainer or engagement for legal services.
2. TERM.
This Agreement shall begin on the date as of which it has been executed by both parties
("Effective Date")and shall expire upon completion of all Services hereunder("Expiration Date"), unless
terminated earlier in accordance with this Agreement(the"Term"). This Agreement may not be extended
or amended unless mutually agreed in writing by both the City and Consultant.
3. COMPENSATION.
City shall pay Consultant an amount not to exceed $454,200.00 as full and complete
compensation for all Services rendered under this Agreement. Consultant will submit monthly invoices
to the City outlining the Services performed during the month covered by the invoice, including sufficient
information with respect to the actual Services performed; identification of the individuals performing
such Services; and the amount of time, on a daily basis, spent by such individual or individuals on such
Services. The hourly rates for each individual assigned to perform Services under this Agreement are set
forth in Exhibit"B". Individuals not listed in Exhibit"B" may not perform Services hereunder without
the express prior written consent of the City. Hourly rates for individuals listed in Exhibit B"may not
be billed at a higher rate than those specified in Exhibit "B" unless expressly approved in writing in
advance by the City. In the event that the City authorizes new or additional individuals to perform
Services or hourly rates that differ from those set forth in Exhibit"B",the parties shall amend Exhibit B"
to reflect the then-current list of individuals assigned to perform Services and their hourly rates. Invoices
submitted by Consultant will be due and payable by the City within 30 calendar days of receipt.
Consultant shall not perform any additional services or bill for expenses incurred for Cit, not specified by
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Professional Services Agreement with
Colette Holt&Associates(Fort Worth M/WBE Disparity Study) CITY SECRETARY
FT. WORTH,TX
this Agreement unless City requests and approves in writing in advance the additional costs for such
services. City shall not be liable for any additional expenses of Consultant not specified by this
Agreement unless City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice. City or Consultant may terminate this Agreement at any time and for any
reason upon provision of written notice to the other.
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 Consultant 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 Consultant for services actually rendered up to the effective date of
termination. Upon termination of this Agreement for any reason, Consultant shall provide City with
copies of all completed or partially completed documents prepared under this Agreement. In the event
Consultant has received access to City Information or data as a requirement to perform services
hereunder, Consultant 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. Consultant hereby warrants to City that Consultant has made full
disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Consultant hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Consultant, 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 Unauthorized Access. Consultant 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. Consultant 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,Consultant
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.
Consultant agrees that City shall, until the expiration of three(3)years after final payment under
this contract, 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 Consultant involving transactions relating to this
Agreement at no additional cost to City. Consultant agrees that City shall have access during normal
working hours to all necessary Consultant 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
Consultant reasonable advance notice of intended audits.
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Professional Services Agreement with
Colette Holt&Associates(Fort Worth lvVWBE Disparity Study)
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant 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,
Consultant 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, consultants and
subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as
between City,its officers, agents,servants and employees, and Consultant, its officers,agents,employees,
servants,contractors and subcontractors. Consultant further agrees that nothing herein shall be construed
as the creation of a partnership or joint enterprise between City and Consultant. It is further understood
that City shall in no way be considered a Co-employer or a Joint employer of Consultant or any officers,
agents, servants, employees or contractor and subcontractors. Neither Consultant, nor any officers,
agents, servants, employees or subcontractors of Consultant shall be entitled to any employment benefits
from City. Consultant 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 subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS,PR OPER TYDAMAGEAND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY RIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANYAND 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 CONSULTANT'S
BUSINESS AND ANY RESULTINGLOSTPROFITS)AND/OR PERSONAL INJURY,INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF CONSULTANT,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION—Consultant 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 Consultant bears the cost and expense of payment for claims or actions
against City pursuant to this section, Consultant 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; 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 Consultant 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, Consultant shall fully participate and cooperate with City in
defense of such claim or action. City agrees to give Consultant timely written notice of any such
claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the
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Professional Services Agreement with
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foregoing, City's assumption of payment of costs or expenses shall not eliminate Consultant'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, Consultant 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 Consultant terminate this Agreement, and refund all amounts paid to
Consultant 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. With the exception of the work to be performed by Nervi' Strategic
Solutions LLC as described in Exhibit A, Consultant 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 Consultant under which
the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement.
Consultant and the assignee shall be jointly liable for all obligations of Consultant under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,any such subcontractor shall execute
a written agreement with Consultant referencing this Agreement under which the subcontractor shall
agree to be bound by the duties and obligations of Consultant under this Agreement as such duties and
obligations may apply.Consultant shall provide City with a fully executed copy of any such subcontract.
10. MINORITY AND SMALL BUSINESS ENTERPRISE (MBE)(SBE)PARTICIPATION
In accordance with the City of Fort Worth Business Diversity goals(Chapter 20, Article X of the
City's Code of Ordinances, as amended), the City has goals for the participation of minority business
enterprises and/ or small business enterprises in City contracts. Consultant acknowledges that this
Agreement is subject to an MBE African-American (MBE AA) subcontracting goal of 15% and its
accepted written commitment to MBE and SBE participation. Any misrepresentation of facts(other than
a negligent misrepresentation) and/or the commission of fraud by the Consultant with respect to its
compliance efforts with respect to this goal may result in the termination of this Agreement and
debarment from participating in City contracts for a period of time of not less than three (3) years. By
execution of this Agreement,Consultant represents that it will meet the MBE AA goal for this Agreement
through the engagement of Nervi' Strategic Solutions LLC, a Texas limited liability company and
certified African-American-owned MBE, to provide assistance with anecdotal and contract data
collection.
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Professional Services Agreement with
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11. INSURANCE.
Consultant 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:
11.1 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 shall be on any vehicle used by Consultant in the course of providing
services under this Agreement.
11.2 General Requirements
(a) The commercial general liability policy 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) 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(i)
the Fort Worth City Attorney at the same address and (ii) the Contract
Compliance Manager at 1150 South Freeway, Suite 144, Fort Worth, Texas
76104.
(c) 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.
(d) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(e) Certificates of Insurance evidencing that Consultant has obtained all required
insurance shall be delivered to the City prior to Consultant proceeding with any
work pursuant to this Agreement.
12. COMPLIANCE WITH LAWS,ORDINANCES.RULES AND REGULATIONS.
Consultant 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,
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Professional Services Agreement with
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ordinances, rules and regulations. If City notifies Consultant of any violation of such laws, ordinances,
rules or regulations,Consultant shall immediately desist from and correct the violation.
13. NON-DISCREVMATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Consultant'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 CONSULTANT, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN
INTEREST, CONSULTANT AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY
AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
14. 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 to:
To CITY: To CONSULTANT:
City of Fort Worth Colette Holt&Associates
Attn:Gwen Wilson, Business Development Manager 3350 Brunell Drive
Economic Development Department Oakland,CA 94602
1150 South Freeway,Suite 144 Email: colette.holtgmwbelaw.com
Fort Worth,TX 76104
Email:gwen.wilsonna.fortworthtexas. ov
With copy to:
City of Fort Worth
Attn: Peter Vaky,Deputy City Attorney
City Attorney's Office
200 Texas Street
Fort Worth,TX 76102
15. SOLICITATION OF EMPLOYEES.
Neither City nor Consultant 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.
16. 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.
17. NO WAIVER.
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Professional Services Agreement with
Colette Holt&Associates(Fort Worth M/WBE Disparity Study)
The failure of City or Consultant 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 Consultant's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
18. 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.
19. 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.
20. FORCE MAJEURE.
City and Consultant 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, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
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 and
B.
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" and `B", contains the entire understanding and
agreement between City and Consultant, 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.
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Professional Services Agreement with
Colette Holt&Associates(Fort Worth M/WBE Disparity Study)
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.
26. WARRANTY OF SERVICES.
Consultant 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 Consultant's option, Consultant 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 Consultant for the nonconforming services.
27. EVMGRATION NATIONALITY ACT.
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Consultant shall
verify the identity and employment eligibility of all employees who perform work under this Agreement.
Consultant shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of
all supporting employment eligibility and identity documentation for all employees, and upon request,
provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Consultant shall establish appropriate procedures and controls so
that no services will be performed by any employee who is not legally eligible to perform such services.
Consultant shall provide City with a certification letter that it has complied with the verification
requirements required by this Agreement. Consultant shall indemnify City from any penalties or liabilities
due to violations of this provision. City shall have the right to immediately terminate this Agreement for
violations of this provision by Consultant.
28. 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 Consultant 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.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Consultant 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 Consultant 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 may adversely
impact future invoice payments.
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Professional Services Agreement with
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30. 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 terns 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective as of
the later date indicated below.
ACCEPTED AND AGREED:
CITY OFJEQQT WORTH: COLETTE UMT&ASSOC ES:
By: 54q46YBy:
r4ampi Susan Alanis Name: Colette Hol
Tit e: Assistant City Manager Title:
Date: A56 Date: ao
RECO
Xy:
ert S unms,economic Development Director
V0 R
ATTEST:
By: U .
Name: ary J. r,-Ciky 5ecretary
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 and
reporting requirements.
By.
Gwen Wilson, Business Development Manager
APPRO"vED AS TO FORM AND LEGALITY:
By:
Peter Vaky, Deputy City Allo
t�,—
CONTRACT AUTHORIZATION:
M&C: C-29017 01/29/2019
Form 1295: 2018-421991
U�60AL kkLUsd(D
Page 9 CITY SECRETARY
Professional Services Agreement with
Colette Holt&Associates(Fort Worth IWWBE Disparity Study) FT WORTH,TX
EXHIBIT"A"
Scope of Work
Scope of Work
The following Scope of Work provides the disparity study tasks and deliverables to be provided by
Colette Holt & Associates ("CHA" or "consultant"). The Scope of Work describes in detail the tasks
related to the disparity study's implementation, data collection, data analysis, reports, recommendations,
and presentations.
A Project Timeline is provided at the end of this Exhibit A. The Timeline begins on the date of the Study
Initiation Meeting.
The study elements that can be utilized, with modifications, from the DFW Airport Study (after being
updated)are as follows:
•Legal chapter: updated case law
• Economy-wide disparities chapter: new Census Bureau American Community Survey and
Survey of the Business Owners, if available
• Master MWDBE Directory: some updating
• Stakeholder Directory: some updating
•Relevant anecdotal research on market barriers and effective remedies.
Public Engagement Strategies
CHA will engage the public through numerous channels.
At the beginning of the study process, CHA will develop and maintain a public study website to provide
information in an accessible and easy to understand format. This website will be updated throughout the
study process to keep the community and all interested parties informed. It will have the City of Fort
Worth's logo on the home page, along with one or more photo images provided by the agency. There will
be pages explaining the elements of a disparity study; a Frequently Asked Questions sheet; a biography of
CHA and its subconsultant; and information on how the community can participate in the Public Meeting
and Business/Stakeholder Owner Interview sessions. There will also be a page for any interested party to
submit contact information to be informed about and invited to appropriate participation sessions. A
dedicated study email address and telephone number will be listed on the contact page for easy access to
the study team members.
To ensure that there is as much public participation as possible, CHA will engage Nervi' Strategic
Solutions, LLC as its local subconsultant. Nervi' Strategic Solution ('Nervi"') is a consulting firm that
strategically aligns D/M/WBEs to compete in today's challenging contracting industry in both the private
and public sectors. President Pam Ervin-Davis has over 25 years of experience working in supplier
diversity and has worked with partnerships of D/M/WBEs in construction, professional services, goods
and services industries. Nervi' served as the subconsultant to CHA on the Dallas County and Parkland
Health and Hospital System Disparity Studies. The firm is currently working on the DFW Airport
Disparity Study,where Ms. Ervin-Davis is assisting with anecdotal and contract data collection activities.
CHA and Nervi' will perform extensive outreach to invite firms, industry trade groups, community
organizations and other interested stakeholders and business owners to the public meetings and the
appropriate interview session.CHA will provide multiple avenues for interested parties to participate and
provide feedback.
Study Management and Initiation Process
Coordination of all efforts, including meeting logistics, shall be the responsibility of the consultant. CHA
will provide a full project team to include a Project Manager and Assistant Project Manager who will be
the point of contact between the firm and assigned City staff, as needed. The Project Manager and
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Professional Services Agreement with
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Assistant Project Manager shall be available to the City as needed for updates and reviews on project
progress.
CHA will schedule a call with the person or persons at the City who will be responsible for providing the
contract data records for the study. The consultant will review all data collection aspects of the study and
identify requirements from the City.CHA will supply all data request and instruction forms in advance of
the telephone conference.
CHA will conduct the Study Initiation Meeting with the City's study team by telephone to facilitate data
collection, project planning and scheduling, and address questions or concerns regarding approach or
timeline. Prior to the meeting, the consultant will submit all documents needed such as the agenda, study
elements and methodology presentation, Frequently Asked Questions sheet, etc.; and work with the
agency to Identify key City personnel to include in the meeting. At the meeting, CHA will present the
study approach,timeline,and review roles and responsibilities of all parties.
Legal Review
CHA will provide the legal standards that form the governing principles of the study methodology, both
to educate the reader about the elements of strict constitutional scrutiny and provide a framework for a
court in litigation. The consultant will describe the legal standards and research methodologies that guide
the overall conduct and specific elements of the study to inform readers including a court-of the approach
applied to meet strict scrutiny.
Quantitative Analyses
Development and Analysis of City Contract Data
The analysis of the City's contract data involves three overall steps. First, we will determine the City's
market area based on its utilization of M/WBEs. Next, based on where the City purchases goods and
services,we will determine its utilization of M/WBEs in that geographic market.Third, we will develop
the estimates of minority-and woman-owned firms that are available in the City's market area.
Utilization Analysis of City Contracts
Strict constitutional scrutiny requires the City to determine its market area. A market area has two
dimensions: geography and industry. The study will analyze the City's utilization of minority- and
women-owned business enterprises ("M/WBEs") on formally procured contracts $50,000 and above
during the study period of FY 2014 through FY 2018- October 1, 2013 to September 30, 2018.
Information regarding the results of the last disparity study and its implementation and application is
included as"Additional Information"following the Timeline at the end of this Exhibit"A."
CHA will collect contract data through the receipt of the agency's contract records. CHA will provide the
City with detailed instructions and a formatted spreadsheet on which to provide the data.
The following data points will be necessary for initial contract data collection from the City:
Prime Contracts
• Contract number
• Contract industry Construction,Professional Services, Services,and Goods
• Original contract award amount
• M/WBE contract goal
• Zip code
• Contract title
• Total amount paid to business to date
• Prime contractor name
• Prime contractor address
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Professional Services Agreement with
Colette Holt&Associates(Fort Worth M/WBE Disparity Study)
• Prime contractor phone number
• Prime contractor email
• Contact person at the prime contractor firm
• Description of work performed on the contract
• Contract start date
• Contract end date
• Contract status(open/closed)
• Contractor role(prime or subcontractor)
• Number of subcontractors(if known)
• The NIGP code(if known)
• Race(51 %ownership)(if known)
• Gender(51 %ownership)(if known)
Subcontractors/Subconsultants/Suppliers(if available)
• Name of subcontractor/subconsultant/supplier
• Address of the subcontractor
• Contractor role(prime or sub)
• Total amount paid to subcontractor to date(if known)
• Contract number
• Contract title
• Description of work performed on the contact
• The NIGP code(if known
• Race(51 %ownership)(if known)
• Gender(51 %ownership)(if known)
Based on those records, CHA will compile and analyze an Initial Contract Data File. Given the large
number of the City's contracts we will develop a statistically valid sample from the Initial Contract Data
File. In constructing this sample, CHA will select appropriate contracts to ensure that the study is legally
defensible. We will use this Sample Contract Data File to identify the subcontracting opportunities for the
selected prime contracts.
We understand that some of the required information for the study analysis may not have been tracked by
the City. Therefore, CHA will collect the remaining necessary data directly from the prime contractors.
CHA will assign 6-digit NAICS codes and race and gender to the prime contractor or subcontractor.
Follow up by the team will continue until all necessary data for at least 80% of the contract dollars in the
Sample Contract Data File have been collected.
The Sample Contract Data File will be used to determine the utilization of M/WBEs as prime contractors
and subcontractors as a percentage of overall firms, constrained by the City's geographic and industry
markets. This will include all identifiable minority- and women-owned firms, regardless of certification
type or status.
CHA will take the following contract data collection steps to create the Final Contract Data File:
1.Collect prime contract award,and location data for all contracts;
2.Conduct outreach to prime vendors to collect missing data for contracts;
3.Assign missing race and sex values to all firms;and
4.Assign any missing detailed industry codes to each firm.
Beginning with the completed Final Contract Data File, CHA will take three steps to create the File's
constrained product market. The first step involves determining the unconstrained product market, which
is the set of NAICS codes determined by contracts typically awarded by the City without regard to the
geographic location of the firms awarded the contracts. CHA will determine the unconstrained product
market by examining Initial Contract Data File three ways: all contracts (prime contractors and
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Professional Services Agreement with
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subcontractors); prime contracts only; and subcontracts only. For each approach, CHA will sort the
NAICS codes according to the dollar value of the contracts in each NAICS code(from largest to smallest
dollar value). CHA will then take the NAICS codes whose dollar value is at least 1 % of the total dollar
value of the approach (all contracts, prime contracts and subcontracts). This methodology results in the
unconstrained product market where the dollar value of contracts is usually at least 80% of the Initial
Contract Data File.
The second step involves defining the relevant geographic market for assessing the availability of prime
contractor and subcontractor MWBEs to participate in City contracts (i.e., the location of the firms that
were awarded contracts). To determine the geographic market, CHA will use the accepted 75 percent
threshold of the location of the firms who were awarded contracts to define the geographic market, i.e.,
determine the contiguous political jurisdictions that capture at least 75% of the dollars in the
unconstrained product market.
The third step is the determination of the constrained product market. CHA will limit the unconstrained
product market by the geographic parameters established in step two. When this constraint is imposed on
the unconstrained product market, NAICS codes whi9h were part of the unconstrained product market
may be dropped. The resulting Contract Data Utilization File consists of all contracts within the City's
constrained product market. We will use the Contract Data Utilization File to calculate the utilization of
M/WBEs in the market areas as a percentage of all firms by detailed industry code. CHA will produce
estimates of the City's M/WBE utilization for:
•Detailed race and sex groups by all industry classifications combined;and
•Detailed race and sex by detailed industry classifications.
One result of the utilization analysis will be the distribution of the City's spending across the NAICS
codes in its constrained product market. These results will be used to form the weights for the availability
analysis.
Availability Analysis
Based on the product and geographic utilization data in the Final Contract Data File, CHA will calculate
an overall M/WBE estimate of the number of ready, willing and able firms that is a narrowly tailored,
dollar-weighted average of all the underlying industry availability numbers,with larger weights applied to
industries with relatively more spending and lower weights applied to industries with relatively less
spending.The availability figure is also sub-divided by race,ethnicity,and gender.
The availability estimates will include both certified M/WBEs and non-certified firms owned by
minorities or women.
There are three components of the process to estimate availability: the compilation of the M/WBE Master
Directory;the determination of the constrained product market; and the extraction of firms from the Dun
& Bradstreet MarketPlaceMoovers database. To perform this analysis, CHA will take the following
steps:
• Acquire all available government M/WBE directories and listings from private entities that
maintain such listings.
• Prepare a final list of all the combined collected directories that consolidates information across
fields, resolves field conflicts, and removes duplicates. CHA will limit the firms to those within
the City's constrained product market.
• Using the relevant geographic and product market definitions identified previously in the City's
constrained product market, define a subset of business data to be licensed from Dun &
Bradstreefs/Hoover's MarketPlace database to create the Master Business List.
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Professional Services Agreement with
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• Merge the Master M/WBE Directory with the Master Business List and the list of firms from the
Contract Data Utilization File to create a final Merged Business List of firms in the relevant
markets. CHA will assign any missing industry codes or racelgender status.
The Merged Business List will be the available universe of relevant firms for the study. This process will
significantly improve the identification of minority-owned and woman-owned businesses in the business
population.CHA will assign race and sex to any firm not already classified.
CHA will produce estimates of women and minority business availability in the county' markets for all
detailed industry groups combined by detailed race and sex,and detailed race and sex by detailed industry
groups.
This unweighted availability determination will later be weighted by the share of dollars the City actually
spends in each NAICS code, derived from the utilization analysis. These resulting weighted availability
estimates will be used in the calculation of disparity indices.
Disparity Analysis of City Contracts
CHA will apply the accepted statistical tests to measure the amount of any disparities between the City's
utilization of M/WBEs and their availability in the market area. Using the M/WBE utilization estimates
and the M/WBE weighted availability estimates, CHA will calculate a disparity index. The disparity
index will be formed by dividing M/WBE availability into M/WBE utilization and multiplying the result
by 100.
CHA will produce statistical comparisons of M/WBE availability with the utilization of M/WBEs on City
contracts for the study period; produce disparity indices for all race, sex,and detailed industry categories;
and apply statistical significance tests,to the extent permitted by the sample sizes.These results will shed
light on the extent to which identified disparities may be attributable to race and
gender.
Separate disparity indices will be calculated for:
• All detailed industry groups combined by detailed race and sex.
• Detailed race and sex by detailed industry groups.
Economy-Wide Disparity Analyses
To determine the utilization of MWBEs within the relevant market area as a percentage of all firms on
private and public-sector jobs in all NAICS codes identified in the availability analysis, CHA will
examine two large Census Bureau databases. CHA will use approved statistical techniques to examine
these databases that provide information on the rates at which minorities and women form business and
their earnings from such businesses compared to comparable non-M/WBEs and the receipts of
comparable M/WBEs and non-M/WBEs,throughout the City of Fort Worth greater economy.
To evaluate possible barriers to the formation of M/WBEs, the consultant will use ordinary least squares
and probit regression techniques to analyze recent federal census data for the City's metropolitan area at
the greatest level of detail permitted by the data sets. The consultant will use data from the Public Used
Microdata Sample (PUMS) of the American Community Survey ("ACS") to determine if minorities or
women form businesses at lower rates than comparable non-minority men, and whether minorities or
women who do form businesses earn less from their entrepreneurial activities than comparable non-
minority men. CHA will prepare the ACS datasets for analysis, utilize statistical software to produce
descriptive statistics and carry out relevant regression analyses of business formation and business owner
earnings,with associated statistical tests.
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Professional Services Agreement with
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To evaluate possible barriers to the fair competition of M/WBEs, CHA will examine the most recent
Census Bureau's Survey of Business Owners and Self-Employed Persons (SBO), which collects and
disseminates data on the number, sales, employment, and payrolls of businesses owned by women and
members of racial and ethnic minority groups. The consultant will prepare the SBO dataset for analysis
and utilize statistical software to produce descriptive statistics and carry out relevant disparity
comparisons. Using this data source, CHA will determine the percentage of sales or receipts attributable
to minority-owned or woman-owned firms (utilization), compare to corresponding percentage of
minority-owned or woman-owned businesses in any given geographic or industry category(availability).
CHA will apply the accepted principles of disparate impact and disparate treatment analysis. We will
employ "four fifths" rule of the Equal Employment Opportunity Commission to determine whether
disparities on the basis of race are sufficiently large so as to support an inference that discrimination is the
cause of those disparities.
CHA will test disparate impact and disparate treatment comparisons for statistical significance for those
cases where data have not been suppressed and where standard errors have been published.
Qualitative Evidence of Discrimination
CHA will collect anecdotal or qualitative evidence of discrimination through a public meeting webinar
and business owner/stakeholder group interviews. These data will examine what, if any, barriers may be
adversely affecting the participation of M/WBEs in contracts issued by the City and associated
subcontracts.
CHA will conduct an initial in-person public meeting in Fort Worth to introduce the study process to the
community and answer questions about the methodology and public involvement.
CHA will conduct a separate public meeting webinar to introduce the study process to the community and
answer questions about the methodology and public involvement.
The consultant will conduct 6 in-person business owners/stakeholders interview sessions over the course
of three days. Sessions will be divided into M/WBEs and non-M/WBEs, and further divided by industry
(construction; construction-related services; and goods and services). CHA will explore barriers based on
race or gender to the utilization and success of minorities and women on City contracts and private sector
projects and the
efficacy of race-and gender-neutral measures.
CHA will perform broad outreach to invite firms, industry groups, community organizations and other
interested stakeholders to the public meetings and interview sessions. The consultant will conduct
outreach through trade associations, industry groups, stakeholder groups, media and the study website to
ensure wide community awareness and participation.
CHA will also interview the City's procurement and other appropriate staff with responsibility for making
decisions regarding the types of contracts and market areas covered, as well as possible barriers faced by
M/WBEs to obtaining County contracts and associated subcontracts.
City Policies Review
We will conduct a thorough review of the City's current M/WBE efforts. We will examine relevant
documents and interview the City's staff and business owners about outreach efforts and how the City can
assist M/WBEs. This evaluation is crucial to ensure that CHA's recommendations are narrowly tailored in
compliance with strict scrutiny and best practices for contracting equity programs.
Recommendations,Reports and Presentations
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Professional Services Agreement with
Colette Holt&Associates(Fort Worth M/WBE Disparity Study)
CHA will present the results of research to the City in a Draft Report, inclusive of all aspects of the study,
and will conduct an in-person presentation of a Final Report.The Report will include recommendations to
remedy the effects of any discrimination identified, and to reduce or eliminate any other marketplace
barriers that adversely affect the contract participation of such small, minority and women-owned
businesses, including the extent to which the effects of discrimination can be addressed through race and
gender-neutral measures.
All statistical data and results will be provided in electronic format at study completion. CHA will make
one in person presentation of the Final Report as directed by the City. Any additional meetings requested
will be by contract amendment.
Progress Reports
CRA will submit monthly written progress reports that detail the actions and accomplishments of the
prior month; upcoming tasks; any problems encountered, and solutions to ensure the project remains on
track and on budget.
CHA will conduct monthly telephone meetings with the City's study manager to ensure all parties are
fully up to date on study progress,issues,resolutions,and next steps.
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Professional Services Agreement with
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Study Timeline:
TASK _ M MM: M M M M M M. ; M. (VI M
1 2 3 `. ._ 4_- S 6 7_._ - 8 ': 9, 10_. :
Conduct Pre-Initiation Meeting
Phone Meeting
Conduct Study Internal
Initiation Telephone Meeting
Create and maintain Study
Website
Perform M/W/DBE Directory
Collection
Conduct In-Person
Introductory Meeting
Conduct Public Introductory
Webinar
Request and receive policy
documents from the City
Receive City Contract Data
File -
Questions to City and final
answers from agency to clarify
data submitted in data file
Create Sample Contract Data
File =
Collect missing information from
prime contractors; prepare Final
Contract Data File
Analyze Utilization and
Availability
Conduct Economy Wide
Analyses
Perform City Contracts Disparity
Analysis
Review City's M/WBE Programs
Qualitative Evidence Analysis-
conduct Group -
Stakeholder/Business Owner
Interview Sessions
Conduct Staff Interviews
Perform Legal Review
Develop Recommendations
Draft Study Report/ Final Report
Present Final Study Report(TBD
as instructed by City of Fort
Worth
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Professional Services Agreement with
Colette Holt&Associates(Fort Worth NYWBE Disparity Study)
ADDITIONAL INFORMATION:
OVERVIEW
BUSINESS DIVERSITY ENTERPRISE ORDINANCE#20020-12-2011
As of June 1, 2012, The City of Fort Worth has been implementing the Business Diversity Enterprise
(BDE) Ordinance to reflect the City's availability and disparity study findings conducted in 2009 and
approved by City Council on December 12, 2011. The new market areas in which 80% of the City's tax
dollars are being spent are in the counties of Tarrant,Dallas,Denton,Johnson,Parker and Wise. All
projects over $50,000.00 are applicable to the BDE Ordinance so as long as there are two or more
certified contractors available under specific supplies and services.
Per the BDE Ordinance,the M/WBE Office is required to assign applicable subcontracting goals based
on availability for the below categories:
CATEGORY CERTIFICATION GROUPS ANNUAL ASPIRATIONAL
TYPE GOAL
CONSTRUCTION MBE AFRICAN,ASIAN, 25%
HISPANIC AND
NATIVE
AMERICANS
PROFESSIONAL MBE(AA)ONLY AFRICAN 15%
SERVICES AMERICANS ONLY
PROFESSIONAL SBE RACE AND 15%
SERVICES GENDER NEUTRAL
(ARCHITECTURAL
AND ENGINEERING
SERVICES
GOODS AND NON- M/WBE MINORITIES AND 25%
PROFESSIONAL WOMEN
SERVICES
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Professional Services Agreement with
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INDUSTRY CATEGORIES
Construction(MBE Subcontracting Opportunities)
New Construction, Remodeling, Renovation, Maintenance, Demolition and Repair of any Public Structure or
Building, and Other Public Improvements (Examples: Asphalt and Concrete Paving, Construction Materials
and Demolition Services)
Architecture and Eneineering_(SBE Subcontracting Opportunities)
Construction Management, Landscape Architecture, Surveying, Mapping Services, and Architecture and
Engineering (Examples: Mechanical Engineering, Structural Engineering and Geotechnical and Construction
Material Testing)
Professional Services(MBE {AA) Subcontracting Opportunities)
Services Provided by Attorneys, Accountants, Medical Professionals, Technical Services, Research Planning,
and Consultants (Examples: ITServices,Accounting Services and Marketing Services)
Non-Professional Services(M/WBE Subcontracting Opportunities)
Maintenance and Other Services Which could be performed without a Professional License, Special Education,
or Training (Examples: Mowing Services,Janitorial Services and Trash Services)
Goods(AWWBE Subcontracting Opportunities)
Materials, Supplies, and Equipment (Examples:Janitorial Supplies, Safety Supplies, Mowing Equipment and
Office Supplies and Equipment)
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Professional Services Agreement with
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EXHIBIT"B"
Compensation
Services will be billed at hourly rates on a monthly basis. The following individuals are
authorized to provide Services at the following hourly rates:
Colette Holt, Project Manager $400.00 per hour
Steven Pitts, Ph.D., Economist and Statistician $400.00 per hour
Joanne Lubart, Associate Counsel $275.00 per hour
Glenn Sullivan, IT Director $200.00 per hour
Ilene Grossman,Assistant Project Manager $200.00 per hour
Carol Borst, Data Collection Team Manager $125.00 per hour
Victoria Farrell, Assistant Principal Researcher $100.00 per hour
Pam Ervin-Davis, Subconsultant $200.00 per hour
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Professional Services Agreement with
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EXHIBIT C
Verification of Signature Authority
Colette Halt&Associates
3350 Brunell Drive
Oakland,CA 94602
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:Colette Holt
Positi wner
Signature
2. Name:
Position:
S ignature
3. Name:
Position:
Signature
Z
. ette Hol ' Y —
ature of Presiden /CEO
Other Title:_
Date: �!�% s22 l q
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Professional Services Agreement with
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M&C Review Page I of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FaRm
COUNCIL ACTION: Approved on 1/29/2019
DATE: 1/29/2019 REFERENCE NO.: C-29017 LOG NAME: 170BD
STUDY
CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of an Agreement with Colette Holt and Associates for a Minority and
Women-Owned Business Enterprise Availability and Disparity Study for an Amount Up to
$454,200.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize an Agreement with Colette Holt and Associates for
a Minority and Women-owned Business Enterprise Availability and Disparity study for an amount up
to $454,200.00.
DISCUSSION:
The U.S. Supreme Court decision, J.A. Croson Company v. City of Richmond, VA (1989), created the
need for the City to periodically validate its Minority and Women Business Enterprise (M/WBE)
Ordinance by undertaking an Availability and Disparity Study. The Office of Business Diversity
approached the Purchasing Division to assist with an agreement to provide a new Availability and
Disparity Study to be conducted in Fiscal Year 2019.
The DFW International Airport Board (DFW) issued a Request for Proposals (RFP) and awarded a
contract for similar professional services to Colette Holt and Associates (CHA) on February 1, 2018.
Staff recommends that the same firm be used for the City's contract due to CHA's success in the
DFW selection process and its recent experience with the Fort Worth area marketplace. The City is
authorized to enter into a contract directly with CHA without formally going through a competitive
bidding process because the services provided by CHA are professional services and are exempt
from competetive bidding requirements under Section 252.021(a)(4) of the Texas Local Government
Code.
The Availability and Disparity Study process will take 12 months from the date of the study initiation
meeting.
Study elements that can be utilized, with modifications, from the DFW Study (after being updated) are
as follows:
Legal chapter: updated case law
Economy-wide disparities chapter: new Census Bureau American Community Survey and Survey of
Business Owners, if available
Master MWDBE Directory
Stakeholder Directory
Relevant anecdotal research on market barriers and effective remedies.
CHA will engage the public through numerous channels. At the beginning of the study process, CHA
will develop and maintain a public study website to provide information in an accessible and easy to
understand format. This website will be updated throughout the study process to keep the
community and all interested parties informed on the elements of the disparity study and how the
community can participate in the Public Meeting and Business/Stakeholder Owner Interview
sessions.
To ensure that there is as much public participation as possible, CHA will engage Nervi' Strategic
Solutions, LLC as a local sub-consultant. Nervi' Strategic Solution (Nervi') is a consulting firm that
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M&C Review Page 2 of 3
strategically aligns D/M/WBEs to compete in today's challenging contracting industry in both the
private and public sectors. Nervi' has previously served as the subconsultant to CHA on the Dallas
County and Parkland Health and Hospital System Disparity Studies.
CHA and Nervi' will perform extensive outreach to invite firms, industry trade groups, community
organizations and other interested stakeholders and business owners to the public meetings and
the appropriate interview session. CHA will provide multiple avenues for interested parties to
participate and provide feedback.
Analysis of the City's contract data will involve three overall steps. First, CHA will determine the City's
market area based on its utilization of M/WBEs. Next, based on where the City purchases goods and
services, CHA will determine its utilization of Minority and Women-owned Enterprises (M/WBE) in
that geographic market. Third, CHA will develop the estimates of minority- and woman-owned firms
that are available in the City's market area.
Based on the product and geographic utilization data in the Final Contract Data File, CHA will
calculate an overall MIWBE estimate of the number of ready, willing and able firms that is a narrowly
tailored, dollar-weighted average of all the underlying industry availability numbers, with larger
weights applied to industries with relatively more spending and lower weights applied to industries
with relatively less spending. The availability figure will also be sub-divided by race, ethnicity, and
gender. The availability estimates will include both certified M/WBEs and non-certified firms owned by
minorities or women.
CHA will apply accepted statistical tests to measure the amount of any disparities between the City's
utilization of M/WBEs and their availability in the market area. Using the M/WBE utilization estimates
and the M/WBE weighted availability estimates, CHA will calculate a disparity index. CHA will
produce statistical comparisons of M/WBE availability with the utilization of M/WBEs on City contracts
for the study period; produce disparity indices for all race, gender, and detailed industry categories;
and apply statistical significance tests, to the extent permitted by the sample sizes. These results will
shed light on the extent to which identified disparities may be attributable to race and gender.
Separate disparity indices will be calculated for:
All detailed industry groups combined by detailed race and gender.
Detailed race and gender by detailed industry groups.
CHA will conduct a thorough review of the City's current M/WBE efforts. CHA will examine relevant
documents and interview the City's staff and business owners about outreach efforts and how the
City can assist M/WBEs.
CHA will present the results of research to the City in a Draft Report, inclusive of all aspects of the
study, and a Final Report. The Report will include recommendations to remedy the effects of any
discrimination identified, and to reduce or eliminate any other marketplace barriers that adversely
affect the contract participation of such small, minority and women-owned businesses, including the
extent to which the effects of discrimination can be addressed through race and gender-neutral
measures.
CHA will also submit monthly written progress reports that detail the actions and accomplishments of
the prior month and will conduct monthly telephone meetings with the City's study manager to ensure
all parties are fully up to date on study progress, issues, resolutions, and next steps.
Colette Holt & Associates is a MBE firm located outside of the marketplace; therefore, a 15% MBE—
African American goal, compliant to the BIDE ordinance, has been assigned on this contract.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
appropriated, of the General Fund and that, prior to an expenditure being made, the Economic
Development 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
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FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Robert Sturns (2663)
Additional Information Contact: Gwen Wilson (2676)
Jack Dale (8357)
ATTACHMENTS
Disparity Study Goal Assignment Signed 112818.pdf
Form 1295 Holt Assoc Certificate.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26543&councildate=1/29/2019 2/19/2019