HomeMy WebLinkAboutContract 54058 3 FORT WORTHo
CS 54058
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and
through Fernando Costa, its duly authorized Assistant City ana,�er9 'and Smith Temporaries Inc., dba
Cornerstone Staffing("Vendor"),acting by and through, �M l✓••(t(ry� its duly authorized
representative, each individually referred to as a"party"and co ectively re erred to as the "parties."
WHEREAS, the Neighborhood Services Department of the City of Fort Worth (the "Department")
administers various housing and public assistance programs;and
WHEREAS, in response to the impacts of the novel coronavirus COVID-19, the federal government has
awarded the City additional finds for those various housing and public assistance programs("Supplemental
Funds") and also has provided the City with more than $158 million in fonds under Title V of the
Coronavirus Aid, Relief,and Economic Security Act(CARES Act),a portion of which has been allocated
for certain housing and other social service assistance(the"Title V" Funds);and
WHEREAS, among other applicable criteria, the CARES Act limits use of the Title V Funds to costs
associated with responding to COVID-19; and
WHEREAS, the Department has established the FWCARES Housing Assistance Program to help
individuals who have been affected by COVID-19; and
WHEREAS,the costs for processing applications and administering programs to be paid out of the Title V
Funds were not included in the City's adopted budget,and the Department lacks sufficient staff to perform
such work;and
WHEREAS, the Department wishes to engage temporary workers to process applications to be paid Out of
the Title V Funds; and
WHEREAS, Vendor has agreed to provide such temporary workers;and
WHEREAS,the benefits and services to be paid out of the Title V Funds constitute necessary expenses of
Title V Funds; and
WHEREAS,the City finds that the costs of engaging temporary workers to process applications;to be paid
out of the Title V Funds is also a necessary expense of Title V Funds; and
Now,therefore, City and Vendor do hereby agree as follows
AGREEMENT DOCUMENTS:
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The Agreement documents shall include the following:.
I. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A, B,and C,which are attached hereto and incorporated herein,are made a part of this Agreement
for all purposes "Exhibits." In the event of any conflict between the terms and conditions of the Exhibits
and the terms and conditions set forth in the body of this Agreement, the teens and conditions of this
Agreement shall control.
1. Scone of Services. Vendor agrees to provide City with temporary staffing services to fill
up to three(3)Eligibility Specialist positions in the City's Neighborhood Services Department to assist in
screening individuals for housing assistance options based on circumstances related to the COVID-19
Pandemic. Exhibit "A," - Scope of Services more specifically describes the services to be ,provided
hereunder.
2. Term. This Agreement shall begin on June 2,2020("Effective Date")and shall expire on
September 30, 2020 ("Expiration Date"), unless terminated earlier in accordance with this Agreement
("Initial Term").
3. Compensation. City shall pay Vendor an amount not to exceed Sixty thousand
($60,000,00) in accordance with the provisions of this Agreement and Exhibit "B," Payment Schedule,
which is attached hereto and incorporated herein for all purposes.Vendor shall not perform any additional
services for the City not specified by this Agreement unless the City requests and approves in writing the
additional costs for such services. City shall not be liable for any additional expenses of Vendor not
specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all
invoices of Vendor within thirty(30)days of receipt of such invoice.
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 shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement.In the event Vendor has received access to City information or data as a requirement
to perform services hereunder, Vendor shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
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5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor,for itself and its officers,agents and employees,agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Public Information Act. City is a government entity under the laws of the State of Texas
and all documents held or maintained by City are subject to disclosure under the Texas Public Information
Act. In the went there is a request for information marked Confidential or Proprietary,City shall promptly
notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A
determination on whether such reasons are sufficient will not be decided by City, but by the Office of the
Attorney General of the State of Texas or by a court of competent jurisdiction.
5.4 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in
any way.Vendor shall notify City immediately if the security or integrity of any City Information has been
compromised or is believed to have been compromised, in which event,Vendor shall, in good faith, use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
b. Rizht to Audit. Vendor 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 Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during
normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Vendor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees,contractors and subcontractors.Vendor acknowledges that the doctrine of respondent superior
shall 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
shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is
further understood that City shall in no way be considered a Co-employer or a Joint employer of
Vendor or any officers,agents,servants,employees or subcontractors of Vendor. Neither Vendor,nor
any officers, agents, servants, employees or subcontractors of Vendor shall be entitled to any employment
benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of
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taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractors. It is
further understood that Vendor shall be responsible for the management of its officers, agents. servants,
employees and subcontractors for any violations of the Vendor's own policies and procedures, which
Vendor represents meet the requirements under the request for proposal for these services.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREB Y CO VENANTS AND A GREES
TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LA WSUITS OFANYKIND
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)ANDIOR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE INTENTIONAL AND NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
FURTHER, IN THE EVENT CITY IS HELD LIABLE ASA JOINT-EMPLOYER OR DETERMINED
TO BE A JOINT-EMPLOYER BY A COURT OF LAW, ADMINISTRATIVE BODY OR SIMILAR
AUTHORITY, VENDOR COVENANTS AND AGREES TO INDEMNIFY CITY FOR ANY
JUDGEMENTS, AWARDS, EXPENSES AND COSTS (INCLUDING BUT NOT LIMITED TO
ATTORNEYS FEES) ORDERED AGAINST THE CITY.
8.1
WAIVER OF CLAIMS AS JOINT-EMPLOYER— Vendor hereby disclaims and waives
any and all claims or causes of action against the City with regard to liability or responsibility for
Vendor's obligations as employer with respect to Vendor's employees, including but not limited to
obligations such as payment of workers compensation claims or benefits; compliance with the Federal
Fair Labor Standards Act, payment or furnishing of health, retirement or other benefits; and
responsibility for payment of unemployment insurance or contributions.
8.4 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend,
settle, or pay,at its own cost and expense, any claim or action against City for infringement of any
patent,copyright,trade mark,trade secret,or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Vendor bears the cost and expense of payment for claims or actions
against City pursuant to this section,Vendor shall have the right to conduct the defense of any such
claim or action and all negotiations for its settlement or compromise and to settle or compromise
any such claim; however,City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Vendor in doing so. In the event City, for whatever reason,assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under
this Agreement,City shall have the sole right to conduct the defense of any such claim or action and
all negotiations for its settlement or compromise and to settle or compromise any such claim;
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however,Vendor shall fully participate and cooperate with City in defense of such claim or action.
City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers
City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of
costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the
software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted,Vendor shall,at its own expense and as City's sole remedy,either:(a)procure for City the
right to continue to use the software and/or documentation; or (b) modify the software and/or
documentation to make it non-infringing, provided that such modification does not materially
adversely affect City's authorized use of the software and/or documentation; or (c) replace the
software and/or documentation with equally suitable,compatible,and functionally equivalent non-
infringing software and/or documentation at no additional charge to City; or (d) if none of the
foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all
amounts paid to Vendor by City, subsequent to which termination City may seek any and all
remedies available to City under law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non-owned.
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(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident;each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease; policy limit
(d) Professional Liability(Errors &Omissions):
$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&G. Either is acceptable if coverage meets all other requirements.
Coverage shall 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 shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium.Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- V I I
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
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(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws Ordinances Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal,state and local laws,ordinances,rules and regulations. In particular,and
without limiting the generality of the foregoing statement,the Vendor acknowledges and agrees that it is
responsible for compliance with all applicable requirements of the Federal Fair Labor Standards Act,
including but not limited to restrictions regarding number of hours worked per week and payment of
lawfully owed over time and minimum wage. If City notifies Vendor of any violation of such laws,
ordinances,rules or regulations,Vendor shall immediately desist from and correct the violation.
12. Dion-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR,ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3) received by the other parry by United States Mail, certified, return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Smith Temporaries Inc.,dba Cornerstone Staffing
Attn: Assistant City Manager
200 Texas Street Amber Thomas,Operations Manager
Fort Worth,TX 76102-6314 P.O. Box 969
Facsimile: (817)392-8654 Grapevine, TX 76099
Facsimile:(817)335-3717
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees Vendor shall not, 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 ,;ho is or has been employed by the City during the term
of this Agreement, without the prior written consent of the City. Notwithstanding the foregoing, this
provision shall not apply to an employee of City who responds to a general solicitation of advertisement of
employment by Vendor.
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.
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16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governinff Law 1 Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability, If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Maieure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any 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.
20. 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.
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 shall not be employed in the interpretation of this
Agreement or Exhibits A,B,and C.
22. Amendments 1 Modifications 1 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.
23. Entirety of A regiment. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in interest, as
to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. 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.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor shall either(a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
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26. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (1-9). Upon request by City, Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBVENDORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor. shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
shall be the sole and exclusive owner of all copyright, patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product shall be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof, is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
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 Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
29. Change in Company Name or Ownership Vendor shall notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
30. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (l)does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written
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verification to the City that Vendor; (1)does not boycott Israel;and(2)will not boycott Israel during
the term of the contract.
(Signature page to follow.)
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
ACCEPT AND AGREED: CONTRACT COMPLIANCE MANAGER:
_C>_ By signing I acknowledge that I am the person
By: Femandofasfa(Jun73,202015:a0CDn responsible for the monitoring and administration of
Name: Fernando Costa this contract,including ensuring all performance and
Title: Assistant City Manager reporting requirements.
Date: Jun 23,2020 20_ Sonia SinaLLOJ2
Bysonia Singletonj3un 22,202012:46 CDT)
Name: Sonia Singleton
Title: Assistant Director
APPROVED AS TO FORM AND LEGALITY:
ATTEST:
Roy ansen(Jun 23,202015:34 CDT)
1 '^•� --r'.1 ,Name: Royce Hansen
By: U s ')ipe: Assistant City Attorney
Name: Mary Kayser
Title: City Secretary y. y.,CONTRACT AUTHORIZATION:
M&C: n/a: Emergency Memo
.,s•<s - e'er
VENDOR:
Smith Temporaries Inc., dba Cornerstone Staffing
By: A"
Name: htd r.
Title: f.
Date: xt`;209,15
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Fir. wovi-TH, YK
EXHIBIT A
SCOPE OF SERVICES
Vendor shall provide up to three(3)temporary staffing workers for Eligibility Specialist positions
for the City's Neighborhood Services Department "Department" that will provide screening and
eligibility determinations of individuals applying for housing assistance due to the COVID-19
Pandemic ("Temporary Workers").
GENERAL SUMMARY OF THE ELIGIBILITY SPECIALIST POSITION.
Vendor will ensure that the Temporary Workers provided will be able to perform intake duties
and determine applicant eligibility in assigned human services or housing assistance programs
that were created in relation to the COVID-19 Pandemic. Vendor will ensure that Temporary
Workers can perform a variety of administrative tasks in support of assigned area of
responsibility.
ESSENTIAL DUTIES & RESPONSIBILITIES FOR THE ELIGIBILITY SPECIALIST
POSITION
Temporary Workers assigned to the Eligibility Specialist position will be required to:
- Intake applications and determine applicant eligibility for assigned human services or housing
assistance program areas related to the COVID-19 Pandemic.
- Receive and process initial or reactivated applications. Reviews provided information to ensure
application is complete and complies with program requirements.
- Contact applicant and schedule and conduct interviews. Obtain further documentation to
supplement initial application in order to determine eligibility.
- Contact employers or other agencies to verify applicant information, income and special status.
- Determine applicant eligibility for requested program or service within established guidelines
for assigned program. Notify applicant and refer to appropriate counselor, coordinator or
administrator.
- Explain program policies, procedures, rules and regulations to potential applicants. Provide
various informational brochures and videos.
- Conduct recertification for applicable programs.
- Maintain file-tracking system to tag recertification dates and advises participant of
recertification requirements.
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Between City of Fort Worth and
Cornerstone Staffing(Neighborhood Services) —Exhibit A Page 12 of 19
- Provide case management and Input initial and subsequent data into computer system and copy
relevant documentation for files.
- Make referrals and partner with other social service agencies that assist clients' additional
needs.
- Perform other duties as required.
- Adhere to assigned work schedule as outlined in the Department and City attendance policies
and procedures; ensure all behaviors comply with the City's Personnel Rules and Regulations.
GENERAL RESPONSIBILITIES OF VENDOR:
1. Vendor shall provide Temporary workers that have the following knowledge, skills and
abilities:
- Knowledge of:
o Pertinent Federal, State and local laws, codes and regulations.
o Computer and data entry.
o Program guidelines.
o Jurisdiction requirements.
o Fair Housing ACT.
o Fair Employment Laws.
o City Ordinances.
o Housing and Urban Development(HUD)and Equal Employment Opportunity
Commission (EEOC)procedures.
a Freedom of Information Act.
o Human Relations Commissions mission and goals.
- Skill in:
o Time management.
0 Professionalism.
o Organizational.
o Basic math.
o Conflict resolution.
Ability to:
o Learn rules, regulations and procedures of assigned human services or
employment and training program.
o Conduct eligibility assessments for a variety of programs in assigned human
services or employment and training area.
o Apply policies, procedures,rules and regulations of specific agency in
determining program eligibility.
o Explain policies,procedures, rules and regulations to applicants.
Vendor Services Agreement
Between City of Fort Worth and
Cornerstone Staffing(Neighborhood Services) —Exhibit A Page 13 of IS
o Interview program applicants.
a Communicate clearly and concisely, both orally and in writing.
o Develop relationships with diverse groups and individuals.
* Maintain a variety of records and files.
* Operate office equipment including computers and supporting word processing
and spreadsheet applications.
o Establish and maintain effective working relationships with those contacted in the
course of work.
o Verify data for various programs.
o Elicit information from clients.
o Maintain personal relationships.
o Explain rules, regulations and procedures for services.
o Work with diverse population.
2. Vendor shall provide one of its employees to be specifically assigned as Project Manager
to the City's account to support delivery of temporary staffing services in accordance
with all applicable requirements. Vendor shall be required to provide City with a phone
number,email, fax and emergency phone number of Project Manager.
3. In addition to screening for the requirements listed above for this specific position,
Vendor shall furnish workers who are at least 18 years of age, legally authorized to work
in United States of America,possess a valid U.S. federal or state government-issued
identification and are appropriately dressed for the assigned position.
4. Vendor must be able to provide all requested temporary workers within forty eight(48)
hours of receipt of a City request for services.
5. Vendor will be required to maintain insurance and/or bonds in accordance with the
solicitation to protect the City from any loss caused by a temporary worker assigned by
Vendor.
6. Vendor must have a written dress code or policy for assigned temporary workers that
requires them to be clean and appropriately dressed for their specific assignment.
7. The City reserves the right to decline the services of any temporary worker provided by a
Vendor, for any reason with or without notice.
8. If the City deems an assigned temporary worker to be a safety risk, the City may contact
the Vendor and request the individual be removed that same day.
9. If one of Vendor's temporary workers leave the job site before the requested service time
period has expired, no payment will be rendered to Vendor for the remaining time left
based on the requested service time period. Payments will be rendered only for actual
hours of temporary services supplied by Vendor.
Vendor Services Agreement
Between City of Fort Worth and
Cornerstone Staffing(Neighborhood services) —Exhibit A Page 14 of 18
10, Should the City wish to hire one of Vendor's temporary workers who has been filling a
temporary position, neither the worker nor the City will be required to pay a placement or
similar fee to Vendor.
11. Vendor shall submit the following details to the applicable departmental liaison for the
City department requesting the temporary worker and the City's Human Resources
Department before assignment of each temporary staff and notify within a day of end of
such assignments, by email to CFW_TempScreening@fortworthtexas.gov
a. Full name of the temporary staff;
b. Assigned to which City department;
c. Assigned City department manager;
d. Start date of assignment;
e. Confirmation on background check cleared; Yes/No
f. Assigned temporary staff pay rate;
g. Vendor's bill rate;
h. Upon completion of service vendor should notify last day of assignment.
12. Vendor's employees will present their timesheet to the City Department representative
who will sign off on the Vendor's employee's timesheet that he or she was present for the
specified period.
13. Vendor will be required to provide a weekly timesheet summary showing(i)the name of
each worker assigned to the City during the preceding week, (ii) the date(s) each listed
worker was assigned during the reporting period, (iii)the department(s)to which the
worker was assigned on each date, (iv)the hourly rate billed to the City for each
assignment and (v) hours of service provided each day.
14. Vendor shall be required to pay each temporary worker assigned to the City at least the
hourly minimum wage rate established by federal law.
15. All scheduling will be done through Vendor. Once the City makes a request for
temporary services during a specified time frame, the Vendor will be required to
coordinate the scheduling with its employee who will be performing the temporary
service.
16. The City will not provide transportation to or from the assigned work site. The City will
not reimburse mileage or parking for temporary workers.
17. Vendor shall be responsible and liable for the safety, injury and health of its personnel
while they are performing the temporary services on City property.
Vendor Services Agreement
Between City of Fort Worth and
Cornerstone Staffing(Neighborhood Services) —Exhibit A Page 15 of 1S
18. Vendor must call City to confirm the name of the assigned temporary worker and verify
that his or her skills meet the City needs.
14. The Vendor shall describe, in writing, what immediate action it will take to replace
temporary workers whose services are declined.
20. If non-English speaking temporary workers are assigned to the City, Vendor shall ensure
interpretation services are also provided, which may be furnished by one of the other
assigned temporary workers.
21. Vendor must conduct background checks on all temporary workers assigned to the City
which will include minimum factors consisting of the following:
a. 7 yr- County Criminal Record Search for Felonies & Misdemeanors from all
counties;
b. SSN trace to National Criminal/Sex &Violent Offender Search—National
c. Social Security Number Trace
d. Statewide Criminal check from all counties SSN was traced to
22. Vendor will provide City with proof such checks have occurred. On request, Vendor
shall provide City a copy of an assigned temporary worker's background check.
23. Vendor shall ensure that its assigned temporary workers do not have any type of firearm,
weapon, drug or alcohol on City premises.
24. Vendor will be responsible for processing payroll for its temporary workers who are
assigned to the City. This responsibility will include but not be limited to making all
necessary deductions and paying all taxes and insurance required by federal, state, or
local law. Each selected Vendor shall be responsible for payment of taxes,assessments,
fees, and fines that may be due or owing to any local, state or federal government agency
relating to or arising out of Vendor's role as employer of the assigned temporary workers.
Vendor Services Agreement
Between City of Fort Worth and
Cornerstone Staffing(Neighborhood Services) —Exhibit A Page 16 of 18
EXHIBIT B
PRICE SCHEDULE
Vendor will provide up to three (3)temporary workers assigned to FWCares Housing Assistance
Program that will be funded by the CARES Act Title V funding at $22.021hour
Projected Start and End Dates for Assignment: 612120-9J30120
Anticipated total number of hours: up to 40 hours per week
Hourly Billing Rate to Vendor: $22.02 per hour
Total Anticipated Cost for Assignment: $15,854.40 for each position
Vendor Services Agreement
Between City of Fort Worth and
Cornerstone Staffing(Neighborhood Services) —Exhibit B page 17 of 18
EXHIBIT C
VERIFICATION OF SIGNATitRE AUTHORITY
Smith Temporaries Inc.. dba Cornerstone Stalling
P.O. BwL 909
Grapevine.TX 76099
l'.xectlt1C117 of this Signature Verification Form ("Form") hereby certifies that the follo%%ink:
individuals ondior positions ha%'c the autlloritN to iegall} bind Vendor and to execute atw agreement.
amendment or change order on hehalf'offendor.Stich binding authority has been granted bN proper order.
retinitition. ordinance or olhcr authod/ation oI'Vendor. Citw is ti.tlh entitled to re Iv on the warratttti tatui
representation set forth in this form in enterhig into any a�rcenient or atncridnicnt with Vendor, Vendor
\gill submit an updated norm within ten (10) busincss da\s if'there are anN changes to the signator\
tutthOritV, City' is entitled to rely on any current executed Form Until it receiv"a revised Form that has been
properly executed by Vendor.
t
I-'Ositiol : S At (A
Signature
2.
Naatttc:
position:
Signature
3. Name:
f'ositiott:
Name:
i
Sr attire of�President CFO
Other Title: 7 . �{f 11...
Date:
Signature:
Email: colbyw@cornerstonestaffing.coni
Vendor Services Auive1uCl)l
I3ciwe n City of for! Va'cuih and
('411'nel•StC}lie Stilfllnf!(I uighborhood Sel.%riCe.') Exhibit C rage IN of fR
OTWO .TI
MEMORANDUM
Date: May 26, 2020
To: COVID JOEC Resource Team
From: Sonia Singleton,Assistant Director
Marie Francis, Human Services Manager
Thru: Rhonda Hinz, Senior Administrative Services Manager
Subject: COVID-19 Purchase Request, Cornerstone
Due to the COVID-19 pandemic,the City of Fort Worth is launching a new housing assistance program
with an online application process utilizing CARES Act funding. The initial allocation for the housing
assistance program is $7.2M of the CARES Act. The program began Wednesday, May 6, 2020.
Currently, the Community Action Partners (CAP)Division of Neighborhood Service Department utilizes
existing Human Service Specialists and Eligibility Specialists to implement the eligibility determination
process for rental and utility assistance. However, additional staff are needed to manage the increased
demand for assistance from citizens that have experienced a loss of employment or a reduction in income
due to COVID-19 and are struggling making their rental or mortgage payments. Three temporary staff
will be secured using Cornerstone Staffing Services to assist with processing applications. Staff will start
working on June Ist and continue working until funds have been expended.
The quote from Cornerstone Staffing Services is $60,000 for 3 Eligibility Specialists for up to 40 hours
per week from June I —September 30, 2020.
APPROVED FOR EMERGENCY PROCUREMENT:
Prepared by: Signature: Rhonda Hinz(May 26,202012: T)
Rhonda Hinz, Sr. Admin Services Manager
Approved: Signature:Victor Tu rner(May 26,202014:50 CDT)
Victor Turner,Neighborhood Services Director
M'Iwaw MA h144QZ
Approved by JEOC: Signature: Maribel Martinez(M ay 26,2020 18:21 C DT)
Maribel Martinez,Emergency Mgmt Coordinator
Approved As To Form and Legality: Signature: jo Pate(A,a 2 ,2020 0:29 CDT)
City Attorney Office;Name:
Cm-thia GAYGia
Approved: Signature: Cynthia Garcia(May 28,202019A4CDT)
Cynthia Garcia,Assistant Finance Director