HomeMy WebLinkAboutContract 51576-R2 CSC No. 51576-R2
CITY OF FORT WORTH
CONTRACT RENEWAL NOTICE
May 24, 2022
Pinnacle Consulting Management Group, Inc.
Attn: Marcus Boyd, Vice President
1400 Brown Trail, Suite A
Bedford, Texas 76022
Re: Contract Renewal Notice
Contract No. CSC No. 51576 (the "Contract")
Renewal Term No. 2: November 10, 2021 to November 9, 2022
The above referenced Contract with the City of Fort Worth expired on November 9, 2021
(the "Expiration Date"). Pursuant to the Contract, contract renewals are at the sole option of the
City. This letter is to inform you that the City is exercising its right to renew the Contract for an
additional one (1) year period, which will begin immediately after the Expiration Date. All other
terms and conditions of the Contract remain unchanged. Please return this signed
acknowledgement letter, along with a copy of your current insurance certificate, to the
address set forth below, acknowledging receipt of the Contract Renewal Notice. Failure to
provide a signed acknowledgment does not affect the renewal.
Please log onto PeopleSoft Purchasing at hLtp://fortworthtexas.gov/purchasing to insure
that your company information is correct and up-to-date.
If you have any questions concerning this Contract Renewal Notice, please contact me at
the telephone number listed below.
Sincerely,
City of Fort Worth, Property Management Department
Ricardo Salazar II
Real Property Assistant Director
(817) 392-8379
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Professional Services Agreement—Real Property Relocation Services
Pinnacle Contract Renewal Page 1 of 2
CSC No.
ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
n44A, L4Z4 1 administration of this contract, including
By: Dana Burghdoff( y25,20 17� ensuring all performance and reporting
Name: Dana Burghdoff requirements.
Title: Assistant City Manager
By:
APPROVAL RECOMMENDED: Name: Ricardo Salazar II
Title: Real Property Assistant Director
By. Steve-C'obke(May25,202210:55 CDT) APPROVED AS TO FORM AND
Name: Steve Cooke LEGALITY:
Title: Property Management Director
ATTEST:
By:
Name: Matt Murray
Title: Assistant City Attorney II
By: J ette S.Goodall(May 26,20221 • CDT)
Name: Jannette Goodall o� n�
apF FORT�aa CONTRACT AUTHORIZATION:
Title: City Secretary 'o°°°°°°°°°°0*pa�d M&C: N/A
-o° °o�►�d Date Approved: N/A
°
�P °°°° °°°10
°�`�d Form 1295 Certification No.:2019-557119
d�a�nEXA5a4b
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Pinnacle Consulting Management Group, a
Texas corporation
By: P ra6
Name: Marcus Boyd
Title: Vice President
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Professional Services Agreement—Real Property Relocation Services
Pinnacle Contract Renewal Page 2 of 2
CITY SECRETARY
fFCF/ CONTRACT N0._ 515 1 ja
oll, �FQ
Ole PROFESSIONAL SERVICES AGREEMENT
R�g9Y THIS AGREEMENT ("Agreement") is made and entered into between the CITY OF FORT
WORTH("City"),a Texas home rule municipal corporation,acting by and through Jesus J.Chapa,its duly
authorized Assistant City Manager,and Pinnacle Consulting Management Group,Inc.,a Texas corporation
("Contractor").
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Professional 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. 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.
Relocation Services. Exhibit"A," - Scope of Services more specifically describes the services to
be provided hereunder.
2. TERM.
This Agreement shall begin on November 9', 2018 ("Effective Date") and shall expire on
November 9', 2020 ("Expiration Date"), unless terminated earlier in accordance with this Agreement
("Initial Term"). City shall have the option, in its sole discretion,to renew this Agreement under the same
terms and conditions,for up to two (2)one-year renewal options, at City's sole discretion.
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit"B,"—Price
Schedule. Total payment made under this Agreement for the first year by City shall be in the amount of
Ei2hteen Thousand and NO/100 Dollars($18,000.00).Vendor shall not perform any additional services
or bill for expenses incurred for City not specified by this Agreement unless 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.
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
Professional Services Agreement a e o 6 ...O�BC
CITY SECRETARY
FT. WORTH,TIC
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.
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 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.
6. RIGHT 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 VENDOR.
It is expressly understood and agreed that Vendor shall operate as an independent Vendor 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, consultants and
subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
Professional Services Agreement Page 2 of 16
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subVendors. 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
subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor 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 taxes on behalf of itself, and any of its officers, agents, servants,
employees or subVendor.
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 HEREBY COVENANTSAND AGREES
TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SER VANTS
AND EMPLOYEES,FROMAND A GAINSTANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 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; 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
Professional Services Agreement Page 3 of 16
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.
(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
Professional Services Agreement Page 4 of 16
$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&O. 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-VII in the current
A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of Risk Management is required.
(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 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,
Professional Services Agreement Page 5 of 16
ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules
or regulations,Vendor shall immediately desist from and correct the violation.
12. NON-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 party by United States Mail,registered,return receipt requested, addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Marcus Boyd,Vice President
Attn: ,Assistant City Manager Pinnacle Consulting Management Group, Inc.
200 Texas Street 1400 Brown Trail, Suite A
Fort Worth, TX 76102-6314 Bedford,TX 76022
Facsimile: (817) 392-8654 682-701-6642
Facsimile: 972-591-4488
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor 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
Vendor, 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.
Professional Services Agreement Page 6 of 16
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. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
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 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 government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
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. ENTMETY OF AGREEMENT.
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.
Professional Services Agreement Page 7 of 16
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 professional 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.
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 (I-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, SUBCONTRACTORS, 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
Professional Services Agreement Page 8 of 16
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. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
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:(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,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (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 this
day of ,201,S.
(signature page follows)
Professional Services Agreement Page 9 of 16
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By: this contract,including ensuring all performance and
Name: reporting requirements.
Title: Assistant City Manag r z�2 /z�
Date: ��� /Z�P `l$ By: 6
Name: vvt v-w C
APPROVAL RECOMMENDED: Title: G�
APPROVED AS TO FORM AND LEGALITY:
By:
Name:
Title: By.
Name: -edu, 6, �ncv�rn/rc
ATTEST: Title: Assistant City Attorney
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VENDOR:
Pinnacle Consulting Management Grou Inc. ATTEST:
By: By:
Name Marcus Boyd Name: uanSalaza
Titlet Vice President Title: koject Manager
Date:
OFFICIAL RECORD
CITY SECREIARY
Professional Services Agreement FT WOfti
EXHIBIT A
SCOPE OF SERVICES
RELOCATION ASSISTANCE SERVICES FOR BUSINESS, RESIDENTIAL,
PERSONAL PROPERTY, STORAGE UNITS, AND OUTDOOR ADVERTISING SIGNS
The Acquisition and Relocation Provider shall ensure that all relocation assistance
services performed for a work authorization executed under this contract meet the
following criteria:
1 The Acquisition and Relocation Provider shall provide advanced notice to the
City office of the date and time of the initial meeting with the Displacee regarding
the Appraiser's and Relocation Agent's inspection of the subject property.
2 The Acquisition and Relocation Provider shall notify all City-approved Displacees
of eligibility for relocation assistance. At the time of initial contact, the Acquisition
and Relocation Provider shall provide Displacees that are approved by the City
with a Relocation Assistance Packet consisting of the following City-approved
forms:
2.1 Department Form ROW-R-96 (Page 1)
2.2 Department Form ROW-R-MP
2.3 Department Form ROW-R-CE
2.4 Relocation Assistance Brochure
2.5 Copy of the Relocation Assistance Program Survey along with a stamped
return envelope addressed as shown below. All distributed surveys shall
have the City CPN and Parcel number pre-completed by the Relocation
Agent before delivery to the Displacee.
Property Management Department— Real Property Division
900 Monroe Street, Suite 404
Fort Worth, Texas 76102
3 The Acquisition and Relocation Provider shall provide on-going relocation
assistance and advisory services to Displacees affected by the acquisition of
right of way and shall deliver required City forms to the City office that are signed
by the Displacee. On-going advisory services include monitoring the move and
any necessary relocation activities taken by the Displacee. Frequency and
manner for monitoring the move must match the complexity of the relocation,
however, the expectation is multiple in-person site visits, which is standard
practice, and must be documented in the contact log portion of the required City
forms to be submitted at close out.
4 The Acquisition and Relocation Provider shall locate, evaluate, and maintain files
on comparable available housing as well as listings for non-residential properties,
Professional Services Agreement—Exhibit A Page 11 of 16
for the duration of the project. These files are subject to review by the City office
as deemed necessary.
5 The Acquisition and Relocation Provider shall compute and submit the request
for relocation housing and rental supplement to the City office on the appropriate
City form with supporting photos attached for each property.
NOTE: The Acquisition and Relocation Provider shall attach to each ROW-R-107
submission package, when applicable, a carve-out calculation worksheet (Form
ROW-R-CARV). The carve-out calculation worksheet will be provided by the
Department.
6 The Acquisition and Relocation Provider shall provide 90-day notice of relocation
assistance eligibility:
6.1 Deliver the 90-day notice and benefits package at the same time as the
written offer to purchase is delivered.
6.2 The 90-day notice may not be delivered prior to a personal interview with
the Displacee during which time the Relocation Agent determines the
type, needs and eligibilities of the Displacee, or before the issuance of the
initial offer.
7 The Acquisition and Relocation Provider shall provide 30-day notice to vacate
once the State has possession of the property. The Displacee must be given a
minimum of 90 days' notice prior to being required to vacate.
8 The Acquisition and Relocation Provider shall immediately notify the City office if
evidence exists that the Displacee has not made sufficient effort to vacate the
premises prior to the expiration of the 30-day notice.
9 The Acquisition and Relocation Provider shall perform a decent, safe, and
sanitary (DSS) inspection of replacement housing in accordance with
Department policy. The Acquisition Provider shall complete the appropriate
Department forms and submit to the City office.
10 Negotiated Self-Moves (for Non-Residential Moves)
10.1 Request for Negotiated Self-Move shall be submitted on appropriate
Department forms and must include: (1) a move plan (Department Form
ROW-R-MP); (2) written inventory signed and dated by the Displacee (or
their representative) and the Relocation Agent; and (3) a minimum of two
(2) bids from commercial movers and supporting vendors of the
commercial movers.
10.2 Depending on the complexity of the move additional supporting
documentation may be required by The City.
Professional Services Agreement—Exhibit A Page 12 of 16
10.3 The Acquisition and Relocation Provider is responsible for requesting
moving estimates from moving companies after obtaining Displacee's bid.
Moving estimates must be obtained by the Acquisition Provider, not the
Displacee. Moving estimates must be prepared in writing and in the name
of the Department, not the Acquisition Provider.
NOTE: The Acquisition and Relocation Provider shall convey to the
Displacee that all City approved provisions of the Self-Move must be met
prior to the disbursement of funds. Negotiated Self-Move requests will not
be accepted after the start of any move.
11 The Acquisition and Relocation Provider must coordinate and monitor moves
with displaced homeowners, business owners, tenants, and with moving
companies in accordance with Department procedures.
12 Relocation Agent shall maintain relocation contact logs on appropriate
Department forms journaling all attempted and completed contacts with all
parties, including descriptions of the reasons and outcome for each contact.
Copies of all Displacees' emails with date and time sent must be captured in the
Acquisition and Relocation Provider's relocation contact logs.
13 Relocation Agent shall:
13.1 Attend closings on replacement property and ensure supplemental
payment is properly distributed.
13.2 Process and compute increased interest payments as required.
13.3 Be available for any appeals and meetings. The Acquisition and
Relocation Provider's Relocation Agent shall provide any appeal-related
documents as requested by the Department in order to facilitate the
meeting.
13.4 Prepare all relocation payment claim submissions for all Displacees in
accordance with Department guidelines.
13.5 Deliver warrants in accordance with City guidelines.
13.6 Issue Relocation Assistance Program Surveys to all Displacees. The
Acquisition and Relocation Provider's Relocation Agent shall enter the
CPN and Parcel numbers on the form prior to distribution to the Displacee.
14 The Acquisition Provider shall provide an executed Department form for the
Certification of Eligibility (Department Form ROW-R-CE) with all Displacee
claims.
Professional Services Agreement—Exhibit A Page 13 of 16
15 The City office shall approve the timing and content of any notice to a Displacee
concerning relocations prior to the Acquisition and Relocation Provider sending
the notice.
16 Any modifications to the City's relocation forms must have prior approval from the
City office.
17 When the City directs the Acquisition and Relocation Provider to cease all
contract services and terminate the work authorization through no fault of the
Acquisition and Relocation Provider, the Acquisition and Relocation Provider
shall work with the City office to determine whether each relocation is to proceed
or letters rescinding relocation benefits are to be sent.
17.1 When benefits are rescinded, payment for the milestone currently being
worked on will be payable in full upon submittal of the complete file to that
point.
17.2 Complete files will include a copy of the letter rescinding benefits and all
documentation and contact logs capturing communications with the
Displacee and complete documentation for any claims payable up to the
time
Professional Services Agreement—Exhibit A Page 14 of 16
EXHIBIT B
PRICE SCHEDULE
Proposed fees for the project are based on the Residential Relocation of three (3) displacees:
Relocation Services—$6,000.00 per displacee
for a total of$18,000.00
Pinnacle will submit monthly invoices based upon the following milestones:
Residential Relocation:
COE, Computation and Approval of Replacement Housing — 50% of fee ($3,000.00)
Move Complete, Property Vacated —40% of fee ($2,400.00)
Closing of Parcel, Submission of Parcel File — 10% of fee ($600.00)
Non-Residential Relocation:
COE, Move Plan, Inventory and 90-day notice delivery— 50% of fee ($3,000.00)
Move Complete, Property Vacated —40% of fee ($2,400.00)
Closing of Parcel, Submission of Parcel File— 10% of fee ($600.00)
Professional Services Agreement—Exhibit B Page 15 of 16
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
PINNACLE CONSULTING MANAGEMENT GROUP,INC.
1400 BROWN TRAIL, SUITE A
BEDFORD,TX 76022
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor.
1. Name: Marcus Boyd
Position:>qqe President
ignat
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name: Mar Boyd
Si att of Vice President
Other Title:
Date:
OFFICIAL RECORD
CITY SECRETARY
Professional Services Agreement—Exhibit C FT. %Offtf,11N