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HomeMy WebLinkAboutContract 56110 CITY SECRETARY CO NTRACT N 0. 56110 FORT PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and Letty Williams ("Consultant"). AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Professional Services Agreement; 2. Exhibit A— Scope of Services; 3. Exhibit B— Payment 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. In the event of any conflict between the terms and conditions of Exhibits A,B or C 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. a) Consultant will, with good faith and due diligence, conduct fair employment investigations and mediations as outlined in the contractual agreement between the U.S. Equal Employment Opportunity Commission ("EEOC") and the City of Fort Worth as a certified Fair Employment Practice Agency ("FEPA"). b) Consultant shall perform the Services in accordance with industry standards for same or similar services.In addition, Consultant will perform the Services in accordance with all applicable federal,state,and local laws, rules and regulations. 2. Term. This Agreement shall be effective on the date countersigned by the Assistant City Manager below ("Effective Date") and shall expire on September 30, 2021, unless terminated earlier in accordance with this Agreement("Initial Term"). 3. Compensation. City shall pay Consultant an amount not to exceed SIXTEEN THOUSAND FIVE HUNDRED DOLLARS and NO CENTS($16,500.00) in accordance with the provisions of this Agreement and Exhibit `B," Payment Schedule, which is attached hereto and incorporated herein for all purposes. Consultant 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 Consultant not specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all invoices of Consultant within thirty (30) days of receipt of such invoice. OFFICIAL RECORD Professional Services Agreement CITY SECRETARY FT. WORTH, TX 4. Termination. 4.1 Written Notice. City or Consultant 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 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 and Consultant 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, 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, data and/or equipment as a requirement to perform services hereunder, Consultant shall return all City provided information, data and/or equipment to City in same format and/or condition as received. 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 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 event there is a request for information marked Confidential or Proprietary,City shall promptly notify Consultant. It will be the responsibility of Consultant 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.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 Professional Services Agreement Page 2 of 14 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 accessedby 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 Agreement,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. 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, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, 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 subcontractors of Consultant. 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 subConsultant. 8. Liability and Indemnification. 8.1 LIABILITY-CONSULTANTSHALLBELIABLEAND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJUR Y,INCL UDING DEATH, TO ANYAND ALL PERSONS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CA USED BY THE NEGLIGENTACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION- CONSULTANTHEREBYCOVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY, ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, Professional Services Agreement Page 3 of 14 INCLUDING DEATH, TO ANYAND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS A GREEMENT,TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT,ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. 83 INTELLECTUAL PROPER TYINDEMNIFICATION—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,Consultantshallhave the rightto conductthe defenseofany 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 shallhave the sole rightto conductthe defenseofany suchclaim 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 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 mate rially adve rs ely re stricted,Consultants hall,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. 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 Professional Services Agreement Page 4 of 14 by the duties and obligations of Consultant under this Agreement.Consultant and 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,sub Consultant shall execute a written agreement with Consultant referencing this Agreement under which sub Consultant 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. 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: 10.1 Coverage and Limits Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate 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-VH 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. (f) 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. Professional Services Agreement Page 5 of 14 11. 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 Agreementwill also comply with all applicable federal,state and local laws,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. 12. Non-Discrimination Covenant. Consultant, for itself, its personal representatives, assigns, subconsultants 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, SUBCONSULTANTSS OR SUCCESSORS IN INTEREST, CONSULTANT AGREES TO ASSUME SUCH LIABILITYAND TO INDEMNIFYAND 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 party by United States Mail, registered,return receipt requested,addressed as follows: To CITY: To CONSULTANT: City of Fort Worth Letty Williams Attn: Fernando Costa,Assistant City Manager 12529 Summerwood Drive 200 Texas Street Burleson, TX 76028 Fort Worth, TX 76 1 02-63 14 With copy to Fort Worth City Attorney's Office at same address 14. 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. 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. 16. No Waiver. 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. Professional Services Agreement Page 6 of 14 17. 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 he 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 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, pandemics, quarantines, material or labor restrictions by any governmental authority, transportation problems; provided that the parties stipulate that Force Majeure shall not include the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this Agreement.The impacted party shall give the other party notice of the failure or delay as soon as possible. 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/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. 23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, 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. 24. Counterparts and E-Signatures. 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. The parties agree that execution of this Agreement by exchanging facsimile, PDF,or e-Signature signatures shall have the same legal force and effect as the exchange of original signatures. 25. 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 Professional Services Agreement Page 7 of 14 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. 26. Immigration Nationality Act. Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement,including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Consultant shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT,CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. 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 the course of its work 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, Consultant 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, hen for balance due,or rights of retention thereto on the part of City. 28. City of Fort Worth's Obligations. City acknowledges that performance by Consultant requires information and cooperation from the City. City shall provide complete, timely and accurate information where and when available, regarding City's requirements and all other data and information necessary for performance by Consultant. 29. 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. 30. 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 Professional Services Agreement Page 8 of 14 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. 31. No Boycott of Israel. If Consultant has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms "boycott Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. (signature page follows) Professional Services Agreement Page 9 of 14 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person cl— responsible for the monitoring and administration of By: Fernando Costa(Jul 29,202115:49 CDT) this contract,including ensuring all performance and Name: Fernando Costa reporting requirements. Title: Assistant City Manager Date: J u ly 29. 2021 /�� `2 BY: Laurie Maniotis(Jul 28,202115:59 CDT) Name: Laurie Maniotis APPROVAL RECOMMENDED: Title: Sr. Fair Employment Investigator APPROVED AS TO FORM AND LEGALITY: BY: Christina Brooks(Jul 29,202115:20 CDT) Name: Christina Brooks Title: Chief Equity Officer/Director TSt Sf�on BY: JB Strong(Jul 2 ,202115:55 CDT) Name: J.B. Strong ATTEST: Title: Assistant City Attorney Rana,P. �OIYIZA eg- CONTRACT AUTHORIZATION: By: Ronald P.Gonzales( ul 29,202116:16 CDT) M&C: N/A Name: Ronald Gonzales Title: Acting City Secretary pp�F,F�Rr�0 00 d �o opted ova 0=c P co*�� 0000000000 ICY, CONSULTANT: �4a44?EX OP -5a Lehi WurG'ravr�,� By: Letty Alliarns(Jul 28,202112:16 CDT) Name: Letty Williams Title: Independent Investigative Contractor Date: 7/28/2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Professional Services Agreement Page 10 of 14 EXHIBIT A SCOPE OF SERVICES Fair Employment Investigation and Mediation Services Scope of Services 1. Scope of Services This Statement of Work establishes the Scope of the Work to be performed, defines the context, describes specific deliverables, and identifies the responsibilities of the parties in the project defined below. 1.1. Project Description Fair Employment Investigation and Mediation Services The City of Fort Worth, through the work of Diversity and Inclusion staff, is a certified Fair Employment Practice Agency ("FEPA"). As a FEPA, the City employs staff to provide intake services,conduct fair employment investigations, conduct mediations, issue letters of determination and respond to inquiries from the U.S. Equal Employment Opportunity Commission. 1.2. Statement of Work The Consultant shall provide services and project deliverables as specified herein below: 1.2.1. Project Scope The scope of services that the Consultant shall provide as part of this Statement of Work will consist of five primary tasks: 1)Intake Services;2)Mediation Services; 3)Investigative Services; and, 4)Final Resolution Services. More detail on each of these tasks is provided below. 1.2.1.1. Intake Services Consultant will assist with, or perform, intake services as needed. This will include responding to email and/or phone calls from potential charging party(ies); answering questions about Title VII, and determining if the allegation(s) meet the requirements for filing under Title VII and local nondiscrimination laws. If the charge does not meet the statutory requirements,charging party will be notified as such. If the charge does meet jurisdictional requirements, Consultant will assist with, or personally draft, the charge of discrimination. 1.2.1.2 Mediation Services Once a signed charge is received, Respondent and Charging Party are provided an opportunity to mediate. Mediation is a voluntary process that allows both parties to discuss their issues with a neutral mediator. Professional Services Agreement—Exhibit B Page 11 of 14 Consultant will perform, as the situation dictates, in the role of the mediator. The mediator aids in resolving the dispute in a manner favorable to all parties. Mediation can take place on the telephone, in person or remotely, involving the internet. If both parties accept the mediation invitation, Consultant will work with Diversity and Inclusion Department staff, Respondent(s) and Charging Party to schedule the mediation. If mediation is successful,Consultant will assist with writing the settlement agreement and securing signatures. 1.2.1.3 Fair Employment Investigative Services If either party declines mediation, the investigation will begin. The Consultant will conduct interviews with the involved parties and witnesses,review relevant documents, policies and procedurals, and refer to relevant federal,state and local laws.Based on the evidence presented, and the investigation conducted, the Consultant will determine whether or not there is sufficient evidence of discrimination. 1.2.1.4 Final Resolution Services Once an investigation is completed Consultant will update the investigative file with all relevant information, as required, in a format as dictated by Diversity and Inclusion staff.Consultant will then provide a written summary of findings using the letter of determination template provided by Diversity and Inclusion staff. The finalized letter of determination will then be provided to the Senior Fair Employment Investigator for review. 1.3 Supervision All services provided by Consultant will be supervised by the Senior Fair Employment Investigator. 1.4 Timeline and Deliverables Consultant services,as outlined in the Professional Services Agreement and the Scope of Services,will be for a two(2)month period, projected to run from August 1, 2021 through September 30, 2021. The City and Consultant will document any change(s)in dates by email. 2. Term of Statement of Work Shall be bound by the conditions outlined in the contract agreement attached. 3. Project Management The Project Managers for the CITY OF FORT WORTH Diversity and Inclusion Department are: • Angela Rush, Assistant Director of Diversity and Inclusion —Civil Rights Enforcement • Laurie Maniotis, Senior Fair Employment Investigator —Civil Rights Enforcement Professional Services Agreement Page 12 of 14 EXHIBIT B PAYMENT SCHEDULE Timeframe Deliverable Amount Invoice Schedule August 1,2021, through Fair Employment intake services, Receipt by August31, 2021 August 31,2021 mediation services,investigative $8,500.00 services,and final resolution services. September 1, 2021, Fair Employment intake services, Receipt by September 30, 2021 through September 30, mediation services,investigative $8,000.00 2021 services,and final resolution services. Total Payments to Consultant $16,500.00 Professional Services Agreement Page 13 of 14 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Consultant and to execute any agreement, amendment or change order on behalf of Consultant. Such binding authority has been granted by proper order,resolution, ordinance or other authorization of Consultant. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Consultant. Consultant 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 Consultant. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of Consultant Title: Independent Investigative Consultant Date: Consultant Services Agreement—Exhibit C Page 14 of 14