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