HomeMy WebLinkAboutContract 55621City Secreta►y ConfractNo. Click or i�ap here to enter text.
CSC No. 55621
�RT �RTH«
VENDC}R SERVICES AGREEMENT
This VFNDOR SERVIC�S AGR��M�NT ("Agreement"} is made and entered into by ai�d
between the C�TY �F FORT WORTH {"City"), a Texas home rule mluiicipa] co►•poi•ation, acting i�y and
through its duly authorized Assista��t City Manager, and Daw�� Ricllarcis Elliolt {"Vendar"), an individual
and actiiag by and through its duly authorized representative, e�.ch individually refe�-��ed to as a"party" and
collectively 1•efei-�•ed to as the "pay�ties,"
1. Sco�e of Se�-vices. Co�ssult on the Neighborl�ood 5eivices Depart•tment's Financial
Empowerment Program and complete Fi�zancial Empovverment Bluepz�iz7t ("Se�vices"), which are set forth
in �nare detail i�� E��ii�it "A," attacl�ed hereto and incoi•por�ted lierein for all �urposes.
2. Tei��n. Tl�is Agreement begins on execution by the Assista�7t City 1Vlanager of City
("Effectiv� Date") anc� ex�i��es on Dece��ber 31, 2021 ("Expiration Date"), unless terminated ear�ier in
accordance with tl�is Agreement {"Initial Terin"). City will have the optior�, i�� its sole discretion, to renew
ihis Agr�eeme»t under the same terms and co�iditions, for up to one one-year renewal opiion{s) (each a
"Renewal Te��m").
3. Compensation. City will pay Ve��dor' in acco�-dance with tiie provisions ofthis Agreement,
i»clt�ding �x.l�ibit "A" wi�ich is attached hereto and incorporated herein for� all �u��poses. Tatal
coinpensation �uide�• tliis Ag�•eement will not exceed Seven Thousand TFtree Hundred and Seventy-Tive
Dollars ($7,375.Q0). Vendor will not pei•fai•m any additional seivices or• biil fo�• expenses incurrcd %r City
nol specifed by this Ageeement u«less City i�equcsts ancE ap}�roves in writing the additioiial costs for such
services. Cify will not be liable for any additional expenses of Vendo�• not specified by this Agreetneiit
unless City fii•st app►'oves such expenses in writing. City will issue pay�nent within 30 days of receipt of
Veiidot•'s invoice upo�� co�n�Ietion of aIi services provided lte�'eunder.
4. Tez�anination.
4.1. Written Notice. City or Vendo3� may terminate this Agreement at any time and for
any reason by providing #he othei• party with 30 days' vvr�itte�� noiice of tanninakion.
4,2 Non-approp��iation of Funds. In tl�e eveilt 11D fiuids or insufficient funds are
appropriated by City in any fiscal periad for any payments due hereunde3•, City will natify Vendor
of such occurrence and ti�is Agreement will tenninate on the last c�ay of the fiscal period for wl�ich
approp�•iatio�is wet•e received without penal#y oi• expense to City of a��y ki«d wIlatsaever, except as
to the portions of'the pay��ents hea�ein agreed upon fo�� which funds have been appropriated.
4.3 D«ties and Obli�ations of the Parlies. In the eveii# that this Agreenlcnt is
terminated prioj� to the Expiration Date, City wil.l pay Veiidar for seivices actually rendered up to
the effective date af te���nination and Vendor will contii�ue to provide City with services requested
Vendor Services Agreeinent
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
by City a��d ii� accordance witlz this Ag��ee�nent up to tha effective dale of terinination. Upon
te1•mination of this Agreetnent far any �•eason, Vendor wiIl provide City witih copies of all
cornpleted or pai•tially completed docurr►ents p�•epat•ed undeE• this Ag��eement. Ir� the event Vendo�•
has received access ta City Info�•zr�ation o�• data as a �•equi�•ezne��ti to pe�•fo�•m services hereunder,
Vendo�• will return all City provided data to City iji a inachine readable fo��rr►at or other fo�•mat
deemed acceptable to City.
5. Disclosure of Conflicts and Coniidential Informafion.
5.1 Disclosure of Conflicts. Vendot• hereby wai•f•ants to City that Vendor has �nade fuli
disclasure ir� wa•iting of any existi��g oz• potential conflictis af inte►•est �•elaied ta Vea�doa�'s services
undei• this Agreement. In the event that any conflicts of intei�est arise after the Effective Date of tl�is
Ag�•eeinent, Ve2�doz' hereby ag�•ees iininediately to �nalce full disclosiire to City in writing.
5.2 Co��fidential Tnforination. Vendor, %r itseliand its oftice�•s, agents and employe�s,
agrees that it will treat a1i info�•rnation provided to it by Ciiy ("City Info�•mafian") as confidantial
and wil3 not disclose any sucl► informatifln to a t�ii•d party without the prior• written ap�roval of
City.
5 3 Public Infoimation Act. City is a�overnment entity under the laws of tl�e State of
Texas and alI dacuinents held or maintaiiied by City are subject to disclosu�•e undal• the Texas Public
Informatio�i Act. Tn tl�e event there is a request for informatian marked Confidential or Proprieta�y,
City wilE pi•omptly notify Ver►dor. It will be the responsibility of Vendor ta sub�nit �'easons obj�cting
to disclosure. A deter�nination o�i whet�ie�• st�ch reasons are sufticisnt will not be decided by City,
but by the O�'�ce o� the Attoz�ney GeneE�al of ihe State of Texas oz� by a caua�t of coinpetent
jurisdiction.
5.4 Uilauthorized Access. Vendo3• �ust store and mairttain City Inforrr►ation i�� a secu�'e
�nan��e�• and will i�at alIow ��nauthorized use�'s to access, modify, delete or otherwis� corrupt City
Inforination in a��y way. Vendor �nust notify City im�nediately if the security or integrity of any
City Tn%r�nation 1►as been cojnpromised or is b�lieved to l�ave bee�� compj-omised, in whic� event,
Vendoa• will, in gaad faith, use al1 camme�•cially reasonable effarts ta coape►•ate witl� Ciiy in
identifying what inforrr�ation has been accessed by una�thorized rneans and will fully cooperate
vvith City ta pratecl such City Informalion fi•o�n furthe�• unauthorized disclosut'e.
b. Ri�ht to Audit. Vendor agrees that City will, until tlae expi►•atinr� of th�•ee (3} years after•
�ttal payment unde�• this Agr�einent, or #he final conclusion of any audit comn�eiiced during the said three
years, have access to and the right to exainine at reasonable times any directly pertinenE books, documents,
papers and �•eco�'ds, including, but not Ii�nited to, all elect�•o�►ic rccords, of Vendor involving transactio��s
relating to tl�is Agreement at no additionat cost to Ci�ty. Vendor agrees that City will have access during
normai workiiig haurs io alI necessa�y Vendor faciiities and wi11 be p►•avided adequate and app�•opriate work
space in orde�• to conduct audits in co�npliance witl� the p�•ovisioi�s of ti3is section. City will give Ve�dor
reasai�able advance notice af inte�ided audiis.
7. I�de�ende�it Co�tractor. It is expressly unde��stoocl and agreed that Vendo�- wilI operate
as an irzdepe�fdent cantracto�• as to ali rights aiid privileges and work p�rform�d ��nder this Ag�•eement, a��d
nat as agei�t, re�resentative or empioyee of City. Subject ta and in accordance with the conditions and
p�•ovisio��s of tl�is Agreenrze�t, Ve�ado�• w�ll l�ave the e�clusive right to control the details nf its operatians
and activities and be solely responsible fo�• the acts and omissions of its off'ice�•s, agents, set•vants,
employees, Vendo�-s, and subcontractors. Vendor acicE�owledges that the doctriiae of r�espondent superio�•
Vendor Seivices Agreement Page 2 of ��
will not apply ds beEween City, its offcers, agents, servants and employees, and Ve��dor, its of�icers, agei�ts,
e�nployees, sez•vai�ts, cont�•acto�•s, and s�ibcanf►'actior•s. Vendo�• fi���ther ag�•ees that t�at��i��g he�•�in wili be
construed as #he creatio�� of a paj-tnershi�� or joint ei�terprise between City and Vendor. It is further
u��derstood that City will in j�o way be conside�•ed a Co-etztploye�' a►' a Jaint employer of Vendor or any
office�•s, agents, servants, empioyees, contractois, a�• subcontractors. Neither Vendor, ilor any office�•s,
agents, servanfis, ernployees, contracto��s, or subca��tractors of Ve�zdor will be ei�titled to any emplayment
b�nefits fro�n City. Vendor will be �•esponsible ai�d Iiable for any a��d all payment and �•e�ortiilg of taxes an
behali of itself, and any af its officers, agents, servants, employees, cont�-actors, or contractors.
Liabilitv and �ndemni�'icatioii.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPL'IlTY LOSS, PIZOPERTY DAMAGE AND/OR PERSONAL IN.IURY,
INCLUDING DEATH, TO A�VY AND ALL PERSONS, OF ANY ICIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THL*' EXTENT CAiISED BY THE NEGLIGENT
ACT(S) OR OM1"SS1`ON(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS 4FFICERS, AGENTS, SERYANTS, EMPLOYEE,S', CONTRACTORS, 4R
SUBCONTRACTORS
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO 1'NDEMNIFY, H�LD HARMLESS A1VD DEFEND C,�TY, .ITS 4FF.ICERS,
AGEIVTS, SERTjANTSANDEMPLOYEES, FROMANDAGAINSTANYANDALL CLAIMS
OR LA WSUITS OF ANY ICIND OR CHARACTER, WHETHER REAL 4R ASSERTED, FOR
EITHER PROPERTYDA.MAGE Ol� LOSS (INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROF1`TS) AND/OR PERSONAL
.INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING DUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISS.IONS 4R MALFEASANCE OF VEND4R, ITS OFFICERS,
AGL'NTS, SERVAIVTS, EMPLOYEES, CONTRACTORS, OR SUI3CONTRACTORS.
S.3 IIVTELLECTUAL PROPERTY 1"NDEMNI"FICATIDN — Vendor agrees ta
defe»d, settle, or pay, at its owEi cost and expense, any claina or action against City for
�n�ringement of any �atent, copyright, trade marlc, trade secret, oE• simila�� property right
arising from City's use of the software andlor document�tian in accordance with this
Agz•eenne��t, ii being understood t�af this agreemerit to defend, settle or pay wil[ not apply if
City modi�es or misuses the sofi�vare andloe• docuenentation. So long as Vendor bears the
cost and expense of payment for claims ol• actio�ns against Cxiy pt�t�si�a�# to this sectio�,
Vendor• wil[ ha�ve the right to conduct #he defense of any such claim or action and al[
negotiations for ifs settlement or compromise and to settle o�• cort�p�•o�aise a�ny such claim;
E►owever, City will have Yhe r•ight fo fnlly participate in any and all such settlernent,
ne�otiations, or lawsuit as necessaey to protect City's intee•est, and Ciiy agrees �o coo�erate
with Vendor in daing so. In the eve�t City, for whafever reasor�, assumes the respansib�[ity
for payment of casfs and expenses for any clai�n or action brought against Ciiy for
infringement arising under this Agreeinent, City will k�ave the snle rigl�t to canduct the
defe�se af any such c[aim or action and ali negotiations for its settlement or compromise and
to settle ar compromise any such claim; howeve�•, Vendor will �ully pa�•titipate and cooperate
with Ciiy i� defense o� such claim or action. City agrees to give Vendor timely written notice
of any such claim or actian, with copies of all papers Ciiy may receive relating �hereto.
Notwithstanding the foregoing, City's assumptEart of payrnent of co�ts ar expenses rvill no�
eliminatc Vendor's dufy to indemnify Cify under this Agreement. If the software and/or
Vendo�' Setvices Ageeement Page 3 of 11
documeystatio�� ar an� part thereof is he[d to i��fringe and the use fhereof is enjoined ar•
restrained or, if as a result of a setElement or compromise, such nse is raxate�•ially adverseCy
��esh•icted, Vendoa• will, at its owrt expey�se and as City's so[e re�nedy, either: (a) procur•e �or
City the right to continue to use the saftware a�d/or documentation; or (b) modify the
software and/or c�acumentatian to �na[�e it non-i�fR�itng�ng, pt•ovided thaf such rnodification
does not materially adversely affect City's authorized use of the saftware and/or
documeEitaiiau; or (c) replace the softwa�•e andloa• docu�entation �vith equally stKitable,
eom�atible, ar►d furictio�a[ly equivalent uon�infringing software andloi• documentation at no
additional charge to City; or {d) if none o#' the foregoing alternatives is reasonably avaiCable
to Vendo�• terrnin�ate this Agt�eement, aysd refu�d all arnounts paid to Vendor by City,
subsec�uent to w1►ich termination Cify may seek any and all e•emedies available to City under
[aw.
9. Assi�nment and Subcontractin�.
9.1 Assi n� t�ent. Ve�do�' will na1 assign o�• subcontt•act any of its duties, obligaiians
or rights imde�• this Agreeine��t without the �rior written consent of City. If City grar�ts consent to
an assignme��t, the assignEe will execute a written aga'eet�aent with City and Vendoz' undez' whicl�
the assignee ag��ees to be bo��iid by the duties and o6ligations of Vendor unde�• this Agreeme��t.
Vendor will be liable %r ali obligations of Vendor under tl3is A�re��n�nt prior to tlze effective date
of t�e assagnt�ent.
9.2 Subcorziract. If City g�•a�afs cansent ta a subcontract, the subcantractor will execute
a written agree�nent with Vet�dor referencing tl�is Agreement under which subcon�-actor ag►•ees to
be bound by the duties a��d obligatioj�s of Vendo�' under ti�zs Ag►'ee��ent as such duties a��d
abligations may ap�ly. Vendor �nust provide City wifl� a fiilIy executed copy of any sucl�
su6contract.
�
�
.
! I�,,,,,,,,,,,,,,,,,1 !'_,,,,,,...,1 7 ;.,I.;E:+,.•
� A � � � � �
/ � � / l l •
!l-.1 A ,.+,-.,�„�,!-.; I,., T ;.,k; [;+...
� � � i � l
,> > >
Gi
�el�#E�t,�" �,,;lt t, �' i ,a t,' ,� ,� ,a
�mnr�vc'ii-ia�� —r�rr��r�v'9''v'sci.Q�xi�za $irQ irc�ir v^r'v�ic¢:
.�
Vendor Services Agxeement Page 4 of 11
�
�
r%rsses��:en�e�.�e��re�
r�s�o�i.a�avo�
� l � � i � .
� / l � � � �
� � � i � � '
� � - � 4
- w �
i� l �
� � � l� � •.
� �
a
i �
■ �
• �
! _
� -
� � i i � !
_ �
a - a
� . ■
� Il
� . �
1
•
Vendo�� Secvices Agreement Page 5 of 11
1 l. Co _m_ pCiance �yith Laws, Ordinances, Rules and Re�ulati�ns. Vendor agt•ees that in lhe
perforinance of its obligatiot�s hereu��det•, it will colnply ovitl� all applicable fedet'al, state a�ad focal laws,
ordinances, ��ules and �•egulations and that auy woE•1c it produces in connectio�� with ti�is Ag��ea���e�t wi]1 also
comply with aIl appIicable Fedet'al, state and locaI laws, ot•dinai�ces, rules aizd regufations. If City notifes
Vendoc of any �iolation of s��ch laws, ordinances, rules or regulations, Vendor �nust immediately desist
fro�� and correci the vioIation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal represei�tatives, assigns,
coiit�•actors, s�zbcoiitracto�•s, and successo�•s in interest, as par•t of the conside�'atia�a �ea'ein, ag�ees thafi in the
per%�•mance of Vendor's duties and obligations hereunder, it will not discri�i�inata i�z t�ze tr•eatment o�•
emplayrnent of any individual az• g�•oup of individuals an any basis prohibited by law. ri` ANY CLAIM
ARISES FROM AN ALL�GED VIOLATION OF THIS NON-D�SCRIMCNAT�ON COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACT�RS,
SUBCONTRA.CT�RS, �R �UCC�SS4RS IN INTFR.EST, VENDOR AGYtEES TO ASSUME
SUCH LIABILITY AND TO INDEMNIi'Y ANll DEFEND CITY AND HOLD CITY HARMLESS
TROM SUCH CLAIlVI.
13. Notices. Notices a'equired pursuani to the provisio�zs of this Agreement wi11 be
conclusively deter�nined to haWe been delivered when (1) hand-delivered to th� othe�• party, ifs age��ts,
employees, servants or rcpresentatives, (2) delive�-ed by facsi��ile witi� electronic confir�nation of the
traiis�nission, or (3) �•eccived by th� othe�• pat-ty by United States Mail, �•egistet'ed, �'etu�'� receipt requested,
addressed as follows:
To CITY:
City of Port Wo��th
Attn: Assistant City Manage�•
200 Texas St��eet
Foz-t Wo��th, TX 76102-6314
Facsimile: (817) 392-8654
To VENDOR:
Dawn Richards Elliott
8116 Sundate Ct.
Fort Worth, TX 76123
With co�y to �ort Woi�th City Attorney's Office at
sanle address
14. Solicitation of E�np1oY��s. Neither City nor Vendor wili, du�'ing the te�'m of this
Ag�-eem�nt and additio�lally fo�- a p�riod of on� yea�� a$er its teiminatio�-�, salicit %r ernployment or em�loy,
whether as em�loyee or independent coiitractor, a��y person who is o�• Ilas been employed by tlle other
during the tenn of this Agreement, without the prior written consent of the persoii's �mplaye�'.
Nntwitihstanding tt�e for•egoing, this p��avision will not apply to an e�npIayee nf eitl�er �a�-ty who responds
to a�eneral solicitatio�� of advertiseinen# of em�loyment by either pa�-ty.
15. Governmental Pawers. It is understood and agreed tl�at by execution of this Agreetnent,
Cify does not waive or surrei�der any of its govennnental powars o�� immunities.
16. No Waiver. The failure of City or Vendoi• to insist upon the performance of airy ter•in o�•
provision of this Ag�•ee�nez�t or to exe�•cise any ��ight g►•anted he►•ein does not co��stiiute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any futu�•e
accasion.
Vandor Services Agreenlent Page b of 11
17. Governin� La��v 1 Venue. This A�recinent will be const��ued in accordance with the laws
of tite State of Texas. If any action, whethet• �•eal or asserted, at law or in eq�iity, is b�•oi�ght pu►'suant io this
Agreement, venue fo�� si�ch action will lie in state courts located in Tai�rant County, Texas or tl�e United
5tates Dist�•ict Court for the Northeri�► Dish�ict of Texas, Fo�•t Wo��h Divisio�t.
18. Seve�•ability. If a��y p�•ovision o1F il�is Agr�etnent is held to be invaEid, illegal or
unenforceable, the validity, legality and enforceability of the re��jaining p�•ovisions will not in any way be
affected or impaired.
19. Force Ma_�eure. City and Vendor wili exercise their best efforts tQ ��eet their respectir�e
duties and obligations as set fartl� in this Agreemenf, buE will not be held liable fo�' any deIay or oinission
i�� pe�-fo�•mance due to force rnajeu�•e or other causes beyond their r•easonable controI, including, but not
li�niied to, conrrpliance wiil� any gove�•�anaent law, o�•dinance, or r�gulation; acts of God; acts oi�he public
enetny; fit•es; strikes; lackouts; natural disasters; wa�s; riots; epide�nics or �andemics; gover•mnent action
oa- i��actioil; orde�-s of governrn�jzt; materiai or lai�or restrictions by any govet•nmental autho�•ity;
iransportation problems; rest3•aints o�• p��ohibitions by any court, board, depa�•t�nenl, com�aaissio�, o�' agency
of the United States or of any States; civil distu��bances; other national or �•egional einergencies; or any othet•
simila�• cause nat enui�e�•ated he�•ein but whzch is beyond tlae �•easo��able co��trol of thc Party whose
perfarmance is affected (collectiveiy, "Force Majeui•e Event"). Tl�e performance of any st�ch ol�Iigation is
suspended d�aring the period of, and only to th� exte�zt of, such prevention or hindrance, provided tl�e
affected Pa��ty p�•ovides �o#ice af tlle Focce Majeure Event, and a�z �xplanation as to haw if pra�ve��is or
f�inders the Parry's pe�-%rinance, as soon as reasonably possible afte�• the occurrence of t�e F'orce Majeu�•e
Event, with the �•easonable�iess of sucl� i�otice to be datermined by the City in its sole discretio�a. The notice
rcquired by this sectian must be addressed and delivered in accordance with Section 13 of this Agreeinent.
20. Headin�s not Control[in�. Headings and titles i►sed in this Agreement are for reference
put'poses o:nly, wilI r�ot be deemeci a pat� of this Agreement, and are ��ot int�nded to define o�• liinit the scope
of any provision of this Agreement.
21. Review of Counsel. Tlie parties acknowledge that each party and its counsel have
reviewed and revised this A��e��nent a��d ti�at the nonna[ rules of co��struction to the effect t1�at auy
ambiguities are ta be t•esalved against the drafling party will not be employed in tl�e i�aterpretatia�z of this
Agreement or Exhibits A, B, and C.
22. Amendments I Modi�cations / Extensio�is. No amer�dment, inodification, or extension
of this Agz•ee�nent will be birzding upnn a party l�ea•etn unless set forth in a writt�n instrument, which is
exectited by ar► authocized r�presentative of each party.
23. Counterpae•ts. This Agreeinent may be exec�ited in one or �o�'e colrnte�'�arts and cacli
counterpai�t will, fa�� dll purposes, be deemec3 an original, but alI suci� counterpai�ts will together constituie
ona and t�Ze sa��e instru�ent.
24. Warrantv of Services. Vendo�- warrants that i#s s�rvic�s will be of a high quaiity and
conFo�'m to generalIy prevailing industry standards. City �nust give wi•itten notice of any bz'each of this
warrantiy within tl�i�•ty {30) days fro�n the date that the seivices are completed. Tn such even#, at Vendor's
option, Vendort• will eitl�er (a} use cominercially �•easonaUle efforts to �•e-perform the services in a manne�•
that conforrris witl� the waeranty, or (b) refund the fees paid by City to Vendor for the iionconfot•rning
seivices.
25. Immi�ration Nationaiitv Act. Veiido�- cnust verify tlze identity and employment eligibility
Vendor 5eivices Agreement Page 7 of l l
of its e�nployees wl�o pea'fot'�� �wa�'k under this Agrt'eemeizt, inciuding co�npieting the Ernployat�ent
Eligibifity Verification �'orm (I-9). Upon request %y City, Vendor will provide City with copies of aIl I-9
1'orms and supporling eligibility documei�tatio2� fo�' eacl� ez�nployee who pet�ora�ts wot'k unde�- tl�is
Agreement. Vendo�• inust adl�ere ta all Federai at�d State laws as well as establish appropi•iate pi•ocedures
and coiitrols so ti�a# no services will be perfoimed by any Vendor er��loyee w1�o is not legally aligible to
perfortn such services. V�NDOR WILL INDEMNIFY CITY AND HOLD CITY IIARMLESS FROM
ANY PENALTI��, LIABILITIES, OR LO�SES DU� TO VIOLATIONS OF TI�IS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upo�� written notice to Vendor, witl have the righi to im�nediately terminate this Agreement
for violations of ti�►is provisio�i by Vei�dor.
25. Ownershin of Woe•1� Proc�uct. City wilI be tl�e sole and exclusive awnet of alI �'eparts,
work papers, p�-ocedu�'es, guides, and documentation that are c��eated, publisl�ed, display�d, o�• pl•oduced ir�
coiijunction with the services pro�ided u�zder this Agreement (collectively, "Wo��k P�-oduct"). Fu�-ther, Cify
will 6e the sole a��d exclusive owi�ea' af all copy�'ighi, pa�ent, tE'ademark, trade secret and athe�• prop�•ieta�y
rights in and to the Work Product. Ownership of the Work Product wil] ii�ure to the benefit of City fi•om
tlze date of conception, creation o�- fixatioii of tl�e Work Product in a tangible n3edium of expression
(wl�icheve�' occurs �Y'st). Each copyrightable aspec# of#1ie Work Product will be coiisidet•ed a"worlc-�nade-
for-hire" within tl►e ��eaning of the Copyright Act of 1976, as amended. If aitd to ihe exteilt such Work
Product, or any part tl�oreof, is �ot cat�s[dered a"vvo�'k�rnade�fa�•�hi�•e" within the meaning of the Copyt•[g�tt
Act of 1976, as a�nended, Vendor hereby expressly assigns to City all exclusive cig�t, title a��d inf:erest in
and to the Work Product, and all copies thereof, and in a��d to tlae copy�'ight, pate��t, trade�€aa•�, trade sec�•et,
and all ot�e�• p��oprietary rigl►ts the�•ev�, tllat City may 1►ave or obtain, witl�out furthee cor�sidei•ation, fi•ee
ft•om any claim, lien for 6aianc� due, or righ#s of retention tlaet•efa nn the part o� City.
27. Si�nature Autha�•iiy. The persoj� signing this Agreeme��t hereby war�'ants tliat they have
the Iegal authority to execute il�is Agreement on behalf of the 1•espective pa��ty, aiid tizat sucl� binding
authority has been granted by proper ot�der, resoluiion, ordinance ar ot��er a��thorizaEion of the entity. This
Agreament and any amend�ent he�'eio, may be executed by any authorized �•epresentative of Vendor. Each
pa�-ty is fully entitIed to rely on these warranties and i•ep�•esentations in entering into this Agreement or at�y
amendinent hereto.
28. Clian�e iEi Ca�nnanv Name or Ownership. Ve�ldor znust �aotify City's Purchasin�
Maj�ager, iya writing, af a co�npany narne, ow�ersl�ip, o�• address chan�;e fo�• #he puipase of inaintaining
updated City reco�•ds. The pt•esident of Vendor or authorized of�ciai must sigia th� letter. A lctter indicating
cl�anges in a coinpany natne o�' or�vne�'s�ip must 6e accornpanied with s��pporting legal docuin���tation such
as an updaied W�9, documents filed witl� tlie state iitdicating such cizange, copy of the boa�•d af director's
resolution approving tl�e action, o�- an exacuted �ne�'ge�' o�' acquisitzon agreernenf. Fai]u�'e �o �rovide the
specified documentation so inay adversely i�npact future invoice payinents.
29. No Bovcott a__f Ysrael. Yf Vendor has fewea• t)�a�t I 0 employees or this Agreemea�t is for
lass thax� $1fl0,000, this section does not app{y. Vendoi, acknowledges that in acco�-danca with Cha�ter
2271 af the Texas Govermnei�t Cade, tl�e City is pt•ohibited frarn entering into a contract with a campany
%r goods or set'vices unlass the co��tract contains a written veri%catian fi�o�n the coirtpany that it: (I) does
not boycott Israel; and {2} will noi boyco�t Isra�I duriilg tl�e term of ti�e canfract. The terrns "boycott Isracl"
and "campany" has the meanings ascribed ta those terfns in Section 2271 of the Texas Gove�•n�nent Code.
By signing t�is Ag�•eement, Vencfor ccrtifies that Vendor's signature provides wri#te�t verification to
the Cify that Vendor: (1) does Eiot boycott Israel; and (2} will �not boycott �st•ael duR•ittg tlae term af
the AgreeEnent.
Vendoz' Services Agreement Page $ of 11
3Q, E[ectrouic Si�nafures. Tl�is Agreement ���ay be exec�ted by electranic signature, which
will be considered as an o�-igiiial sigiiature for afl pu��poses and have tlae saR�e fot•ce and ef�ect as a�a original
sigi�atu�'e. Faz'these purposes, "electronic signature" �neans eleci�•onically scanned ai�d tt•ansmitted versio��s
(e.g. via pdf file or facsiinile transmissian} of an original sig��ahire, or sigiiatures electro��ically inscrted via
software sucl� as Adobe Sigta.
31. Entiretv of A�reemt�nt. This Ag�•eet�ent coR�tains tlte entire understanding and agreetrter�t
between City a�zd Ve�idor, their assig«s aiid successors it� interest, as to the matte��s contained hereiii. Any
prio�• o�� contemporaneous o�-aI o�� writtei► agreernent is laereby declared null and void to the extent i��€ conflici
with any provision nf tl�is �g�'eernent.
(sigtrntarr•e I�age folloivsj
Vendor Services Agrecment Page 9 of l l
IN W�TN�SS WHL+:RLOI', the p��rties hereto have executed tl�Es Agreeinent in rnultiples.
[�1M Il�]31�9CU ��LI�'i'L�]_t�I.Y_:_�
By: U� G��
Name: Victor Turner
Title: Neighborhaod Services Director
Date: Apr22,2o21 202}
APPROVAL A�COMMCND�D:
� � � /
gy; .'`��,� ���J �: c� �� iti�
Name: 5onia Singleton � ,
Title: Assista��t Neighborha`od Services Director
ATTEST:
By; /����U ��z�i�
0
Name: Ma�y Kayser
Tifle; City Secretary
VENDOR:
Da�vn Llliott, PHD
By: } �
Naine: Dawn Richards Elliott
Title: Texas Christian University Professar of
Ecoito��ics, Founder: More Th�n �udgets
Date: ' ZZ— , 2021
CCINTRACT C(�1YiP�lANC� MANAGER:
By signing I ackno�vledge tha� I am thc person
respnnsihle fnr the inoni�c�ring and administraainn oF
�his contrlc[, including �nsuring al] �crformance and
Ct;pUl'liRa rc;quircmcn�s.
: �,, ' �
� i
By: � I� � .� : �:"�.,�`1�.. `; > �;,'�'� t,�;�; t,:
�" .
Na�n�: Shauna Shepherd
Tit�B: CiiSiO111C1' SO�L1t1UT]S AR�I�ySt
APPR�V�D AS T� FORM AND LEGALI'�"Y:
� (�..,-,_
By:
N�me: Taylar Paris
TitEe; Assistant City Attori�ey
CONTRACT AUTHORIZATION:
M& C: NIA
Forr�n 12�}5: NIA
Va�idar Scrviccs �lgrccment
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Sec!•etary Cont�•act No. Clicl< or tap hef�e #a eni�er �I�exi'.
I ��.' . : TI17•.1
ESTIMATE� HOURS
`n
20
12
12
5
DESCRIPTIOtJ
Complete City of Fort Worth Financial
Empowerrrient Blueprint by developingladding
a pathuvay far realizing financ�al err�powerment
using the More Than Budgets Behaviaral
Model
More Than Budgets Workshop; (1)
preparelu�date presentatian slides and
prepare for workshop presentation; (2) deliver
approxima#ely G hours of iraining in two three-
hour virfua! sessions
Woric wifh City staff ta set up and operate 2
5-haur worksha�s including structuring and
managing incentives, keaching tF�e first class in
both, & co-hosting the rest as needed
Wo�k with City staff far one year fallowing
workshops ta monitor progress re More Than
Sudgets long-term savings and credit
improvernent
Compfete a program repor� at the end of one
year
UNIT PRICE
125
125
925
125
125
susrora�
5AL�5 7AX
TOTAL
LINETDTAL
1250
25oa
1500
1506
625
7,375.04
7,375.Od
Vendo�• Se�•vices Agreernent Page 1l of 1 l