Loading...
HomeMy WebLinkAboutContract 59996City Secretary ContractNo. 59996 FORT WORTH, NON-EXCLUSIVE VENDOR SERVICES AGREEMENT This NON-EXCLUSIVE VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, and Anchor Talent & Consulting LLC ("Vendor"), each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, the purpose of this Agreement is for Vendor to provide City with recruitment and direct hire services for permanent, full-time salaried engineering positions with City ("Services") and it is understood that no temporary or contract workers will be provided under this Agreement; and WHEREAS, the Parties are entering into this Agreement with the understanding that it is a non- exclusive agreement for Services on an as -needed basis, additional vendors can and will be selected to provide City with the same Services, the Compensation portion below in Section 3 of the Agreement reflects the collective spending authority for all Vendors awarded to provide this Service, and no specific amount of work is guaranteed; and WHEREAS, the Agreement documents consist of this Non -Exclusive Vendor Services Agreement, Exhibit "A"- Scope of Services, and Exhibit `B"- Payment Schedule and in the event of any conflict between the terms and conditions of the Exhibits and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. NOW THEREFORE, the Parties enter into the following Agreement: 1. Scope of Services. Vendor enters into this non-exclusive agreement to provide City with recruitment and direct hire services for permanent, full-time salaried engineering positions with City, on an as needed basis for the Development Services Department (i.e. Professional Engineers and Sr. Professional Engineers) ("Services"). Exhibit "A," — Scope of Services more specifically describes the Services to be provided hereunder. 2. Term. This Agreement begins on the date signed by the Assistant City Manager below ("Effective Date") and shall expire one year from that date ("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 option(s) (each a "Renewal Term"). 3. Compensation. 3.1 General Provisions. City will pay Vendor in accordance with the provisions of this Agreement. City will pay Vendor an annual amount not to exceed$100,000.00 in accordance with the provisions of this Agreement and Exhibit "B," Payment Schedule, which is attached hereto and incorporated herein for all purposes. The Parties OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY Page 1 of17 City ofFort Worth/Anchor Talent& ConsultingLLC FT. WORTH, Tx City Secretary ContractNo. acknowledge that this is a non-exclusive agreement to provide City with direct hire placements and there is no guarantee of any specific amount of work. Further, Vendor recognizes that the not to exceed amount mentioned above is the total amount of funds available, collectively, for any vendor that enters into an agreement with the City to provide this Service andthat once the collective not to exceed amount of $100,000.00 has been exhausted, funds have therefore been exhausted under this Agreement as well. 3.2 Invoice. Vendor shall submit invoices to the individual identified as the requesting City department's point of contact and also submit a copy to the Talent Acquisition Manager in the Human Resources Department, 200 Texas Street, Fort Worth, Texas 76102. 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 will 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 will pay Vendor for services ac tually rendered up to the effective date of termination and Vendor will c ontinue 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 will 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 will return all City provided data to City in a machine readable format or other format deemed acceptable to City. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made fu 1 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 will treat all information provided to it by City ("City Information") as confidential and will 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 Ac t. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting Vendor Services Agreement Page 2 of 17 City ofFortWorth/Anchor Talent&ConsultingLLC City Secretary ContractNo. to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Informationhas been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Ri2ht to Audit. Vendor agrees that City will, 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 theright 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 will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to controlthe details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will 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, contractors, or contractors. Liability andIndemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCL UDING 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, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS ANDEMPLOYEES, FROMANDAGAINST ANYANDALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR Vendor Services Agreement Page 3 of 17 City ofFortWorth/Anchor Talent&ConsultingLLC City Secretary ContractNo. EITHER PROPERTYDAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR L OSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND 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, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 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 will 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 will 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 will 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 will 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, Vendorwill fully participate andcooperate 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 will 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 will, 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, andfunctionally equivalent non -infringing software and/or documentation atno 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 seekany and all remedies available to City under law. Assignment and Subcontracting. 9.1 Assignment. Vendor will 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 will 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 will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. Vendor Services Agreement Page 4 of17 City ofFortWorth/Anchor Talent&ConsultingLLC City Secretary ContractNo. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must 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 Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) ProfessionalLiability (Errors & Omissions): $1,000,000- Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage maybe provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Profes s ional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be c laims -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 must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) A minimum of Thirty (30) days' notice of cancellation or reduction in Emits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must 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. (c) 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 AM. 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. Vendor Services Agreement Page 5 of 17 City ofFortWorth/Anchor Talent&ConsultingLLC City Secretary ContractNo. (d) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (e) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules andRegulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will 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, CONTRACTORS, SUBCONTRACTORS, 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 will 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: Vendor Services Agreement Page 6 of17 City ofFortWorth/Anchor Talent&ConsultingLLC City Secretary ContractNo. To CITY: City of Fort Worth Attn: DanaBurghdoff, 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Anchor Talent & Consulting, LLC Alison Bechter PO Box 2015 Cedar Park, TX 78630 Managing Director (512) 270-2457 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solic it 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 will 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 Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute awaiver 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 will be construed in accordance with the laws of the State of Texas. If any action, whether realor asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will 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 will not in anywaybe affected or impaired. 19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will 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; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Vendor Services Agreement Page 7 of17 City ofFortWorth/Anchor Talent&ConsultingLLC City Secretary ContractNo. Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required bythis section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed apart 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 will 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 will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts willtogether constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will 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. 25. Immigration Nationality Act. Vendor must 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 will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must 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 WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notic e to Vendor, w ill have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services providedunder this Agreement (collectively, "Work Product"). Further, City will 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 will 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 willbe 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 allcopies thereof, and in and to the copyright, patent, trademark, trade secret, Vendor Services Agreement Page 8 of17 City offortWorth/Anchor Talent&ConsultingLLC City Secretary ContractNo. 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. 27. Signature Authority. The person signing this Agreement hereby warrants that they have 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, maybe executedby any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor must 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. 29. No Boycott of Israel. IfVendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with acompany 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 Israef' and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, 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 Agreement. 30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which willbe paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R. S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and(2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R. S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Vendor Services Agreement Page 9 of 17 City ofFortWorth/Anchor Talent&ConsultingLLC City Secretary ContractNo. Texas GovernmentCode (as addedby Acts 2021, 87thLeg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For thesepurposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety ofAgreement. This Agreement 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 c ontemporaneous oral or written agreement is hereby dec laced null and void to the extent in c onflict with any provision of this Agreement. (signature page follows) Vendor Services Agreement Page 10 of17 City offortWorth/Anchor Talent&ConsultingLLC City Secretary ContractNo. ACCEPTED AND AGREED: CITY OF FORT WORTH: T� 8u.i� RV: Dana Burghdoff (Aug , 2023 d�a� CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: Aug 25, 2023 APPROVAL RECOMMENDED: �B • DJ Harrell .202309:27 CDT) Name: D.J. Harrell Title: Development Services Director ATTEST: poi FOR=da a �9dd Pao -0d OV= ^=4 ddd,� .8*�P lay W ,. t , % S2vxy aa4n�aEXaSoa Name: Jannette Goodall Title: City Secretary 1/ �I►I 1 � Anchor Talent & Consulting LLC By: Name: Alison Bechter Title: Managing Director Date: Aug 24, 2023 20 Vendor Services Agreement City ofFortWorth/Anchor Talent&ConsultingLLC CONTRACT COMPLIANCE MANAGER: By signing I acknowledge thatl amthe person responsible forthe monitoring and administration of this contract, including ensuring all performance and reporting requirements. Taviel' Valencia By: Javier Valencia (Aug 24,202319:45 CDT) Name: Javier Valencia Title: Human Resources Manager APPROVED AS TO FORM AND LEGALI TY: By: uJ Name: Jessika J. Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: Form 1295: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 11 of17 City Secretary ContractNo. EXHIBIT A SCOPE OF SERVICES Recruitment Approach and Methodology Anchor Talent & Consulting `,__. in tailored workforce solutions for __ .t . of diverse sixes, locations, and uniqueness_ Each of Anchor Talent's dients has unique __ _ and goals, with different sets of stakeholders' _ .. __� _ _ _• which require different skillsets and _ .. _ _ __,. Anchor Talent excels at and has developed custom solutions to deliver a rhi"love recruitment and delivery approach to meet individual client needs. With Anchor Talent's I_c _ _ and our _ ..- a" _ networks and _a_ we possess unparalleled reach to talented and diverse human capital, particularly in the Texas market_ Anchor Talent continually engages with industryspecific . _x ",. _ and chapters; a __ _ . to building strong industry _ , . a "., at all levels - Al iso n and Kelly founded and built Anchor Talent upon their industry proven approach, as they genuinely care about the growth a nd . . , . - of clients a nd , . ". , . _­ We wi l l ask ..I qu estions to gai n a fi rm t . _ a., .' , of the business need, which enables us to collect unique . _ _.. _• on the requirements and challenges for the clients and t z ,_ we partner_ Our team is continually shriving and t __, and metric&to support our __ to the success of our customers and partners_ Anchor Talent _. ly " and i { , , to develop unique methodologies and c . _ _Z _ for recruitment, retention, _ _ _ ' „ skill matching, training, and quality _ `._ ' , for direct hire, contract, and contract to hire _ , _ _ _ When recruiting for our clients, our tap priority is to improve client productivity and success by constantly evaluating our , _ _— _, and t _ _ _..t , what is working in the market and what will work withing with City of Fort Worth's hiring goals and " Recruffing Approach Methodology Review job description, meet with hiring manger to understand goals, expectations, objectives, and timelines guild recru itme ntstrategy based on requirements and goals Source can didates th ro ugh various channels, networks, men, bershi ps, social media, and direct outreach Initial screen for competency and skills Technical interview for skills and client fit Conduct candidate references Submitcandidate write-up and resumeto hiring manager our _ .. _ _ _ _ I and resolute recruiters _ _ t _ recruit top -tier -z _' . c . _, for our client base every day to build networks within our care __ -- and focus areas_ We constantly identify _t . who have __ and can . _ . a. z ._the __ _ _,, technical aptitude, and character ourclient'.5 request_ Vendor Services Agreement Page 12 of17 City offortWorth/Anchor Talent&ConsultingLLC City Secretary ContractNo. Recruitment Timelines and Scope of Work (Processes, Screening+ Selection) At AnchorTalent,weprideourselvesonbeinganexpertintalentrecruitment,talent= ;t;_ _ and solukions_WehaveastronghistoryofdeliveringahighrateofsuccessfulstafAng',and abilityto improve fill rates for all contract, contract -to -hire, and direct hire job requisitions. Our diverse recruitment team is dedicated to so urci ng best i n-dass , _ c to a nsu re cu r clients _ , _ c'--_ c.l and business success The chart below reflectsouraverage time to fil I since the! nception ofAnchorTalent in 2021_ AVERAGE TIME TO FILL REQUISISTION INTAKE MEETING TO CANDIDATE OFFER 50 so 40 30 20 ai 10 — 0 Engineering Accounting Scope of Work: Recruitment Process 29 Aw— Human Administrative Resources 51 37 _ Technology Operations GSuite Anchor Talent tirrill design afully customized and flexible recruitment strategy and process to meet the individual We t J our partners have different as well as hiring t ;_ _ have various processes for which we respect. As a trusted staffing partner, we will do what is best for the success of your ,c -.� : _ i_AnchorTalent's s andard recruitment process is as foIlows= F _ _ : : ' _ and Intake • Review job -, _s_ - .-- 0 Schedule intake meeting with hiring manager + Identify goals, -_ _ _ ns, timelines and objectives Sourcing C: . ' ..._, 0 Source passive and active qualified candidates + Review a dshngtalent pool and network through various systems and + Continuouslyupdate hiringtea m Screen and Interview Candidates 0 Review, _ -.c .=resumes + Schedule initial phone screen with recruiter Schedule technical interview focused on capabilities and __ _ ._ _ __ of candidate O Le klCll". Vendor Services Agreement City offort Worth/Anchor Talent& Consulting LLC Page 13 of17 City Secretary ContractNo. Candidate Submission to Hiring Team • Present qualified candidatesto hiring team for consideration • Schedule and coordinate initial interview for client and candidate • Solicit feedback on all presented candidates • Schedule and coordinate additional interview between client and candidate Offer and Hire • Conduct reference checks • Provide any additional information and support hiring manger in hiring decision • Offer extension and coordination tocandidate • Assist in or complete pre-employmentscreenings Onboard Candidate + Continuous folJow-up with candidate and cheat to ensure smooth onhoarding + Regular check -in calls with both candidate and hiring manager to ensure successful placement Anchor Talent was built on the firm belief of providing quality over quantity of candidates and resumes to our clients and partners. Recruiting Team and Projects At Anchor Talent, we believe in the power of personalized connections and meaningful partnerships. We strive to understand the unique needs and objectives of bath clients and candidates, allowing us to make precise and effective matches that drive suocess for all parties involved- With our unwavering dedication, industry expertise, and passion for making a difference, we are your go -to partner for all your recruitment and direct placement needs_ Our recruiting team is dedicated to building talent pipelines and networks from all industries both locally and nationwide. RLcruiters are active members with various specialized chapters and organizations to understand current market trends and attract top -tier to lent to our networks_ Engineering Anchor Talent has been dedicated to building a strong and successful Engineering recruitment team since our inception_Ourteam has buiIttalentnetworks local ly to Texas and nationwide contin uouslyso urci ng a nd attracting engineering professionals_ Over the years we have focused on roles such as Civil Engineer (PE/EIT), Structural Engineers {PEJEffj, Manufacturing Engineer, Project Engineer, Landscape Architect, Construction Enginee, Industrial Engineer, Environmental Health and Safety Engineers and Electrical Engineers. Finance and Accounting Anchor Talent has a beam of dedicated finance and accounting staffing industry veterans with over 15 years of individual experience supporting recruitment efforts from entry level to CFO I evel _ Since Anchor Talent's formation, teams havesecured toptiertalentfor clients in roles such asJuniorto SeniarAccountants, Controllers, CPA, various tax professionals, APIAR, Auditors, Finance a irectors, and CFO. Human Resources and Administrative Anchor Talent is highly active in various human resource organizations and chapterswith our teams securi ng a vast talent network representing both clients and candidates. our team has decades of experience placing talented professionals in all levels of human resources from human resource coordinators to CHRO to HRBP to Talent Vendor Services Agreement City ofFort Worth/Anchor Talent& Consulting LLC Page 14 of17 City Secretary ContractNo. Acquisition protessionals.. Our beam also brings decades of experience placing all levels of administrative and support staff such as front office staff, project managers, HRIS, and call center professionals_ Technology Anchor Talent has engaged in technology recruitment from direct placement to long-term contract projects for dients nationwide_ Anchor Talent can provide access to an array of technical professionals from specialized developers, business analysts, project managers, program managers, system administrators, cybersecurity, infrastructure and enterprise architects, technology manager, implementation consultants, and network engineers and administrators_ Executive Leadership and Operations Anchor Talent understands the challenge and confidential recruitment strategies to identrfy and place executive and senior leadership with clients nationwide- Our senior team members will build out an individualized recruitment plan with company leadership with clear and defined deliverables. Executive and operational roles include but not lim-rted to C-Suite executives, Vice -President level leaders, and Director level roles_ Vendor Services Agreement City offort Worth/Anchor Talent& Consulting LLC Page 15 of17 City Secretary ContractNo. EXHIBIT B PAYMENT SCHEDULE Cost, Guarantee, and Mark -Up Anchor Talent is committed to successfully pairing candidates within companies by offering direct placement, contract, payrolling and contract -to -hire recruH7nent solutions_ Anchor Talent has the experience to partner with companies in various industries, local and national locations, and from small start-ups to global Fortune 100. Anchor Talent adopted a pricing structure that is fully transparent to our partners. While we strive to be as transparent as possible there are instances where additional fees could be applicable_ Examples would be pre- employment screenings, background) checks, drug screens, and certification verifications_ We are committed to informing hiring mangers in advance of any additional fees and obtain necessary consent prior to initiating any pre-screening services. Anchor Talent will direct bill client for prescreening services at cost, without a mark-up_ Direct Placement Services and Guarantee For the City of Fort Worth, Anchor Talent will charge a direct hire placement fee of twenty percent (20%) of a candidate's grass annualized salary_ Anchor Talent will offer a ninety (90) day candidate replacement guarantee period from the start date of a candidate_ If a placed candidate resigns from a role within the 90-day guarantee period, for reasons outside of the client`s control, Anchor Talent will work diligently to identify a replacement candidate at no additional costto our client_ InvDices for direct placement services will be sent on the candidate's start day with payment terms of net thirty (30)_ Vendor Services Agreement Page 16 of 17 City ofFortWorth/Anchor Talent&Consultingl-L City Secretary ContractNo.