HomeMy WebLinkAboutContract 27895G,fTY ���f���'�f�Y
�,�tiT�,�c�- �,o . �� 89,�
' - �' '. �; _ pl
S�f�VIC�S A����i��IVi
This Service Agreement (this "Agreemen�") is entered into as of fihe 1 ST day of
J�ne, 2002, befween the City of Fort Wor�h (the "City"), a home-rule municipal
corporatian acting by and through Charles R. Boswell, it duly aut�orized
Assistartf City Manager, and the BOLD [nitiative ("Contractor"), a New York not-
for-profit corporafiion dang business in Texas, and acting by and through its duly
authorEzed representati�e.
1�'�;���AS, Contractor, acting fihrough ifs focal subsidiary, the North
Texas BOLD Initiati�e (Business Opportunities for Leadership Diversifiy),
pravides business leadershi� recrui#ment and diversity enrichment in Fort Vllorth
campanies; and
l�b�R�A�, tne Ci#y desires to contract with Contractor to impfement a
business I�ad�rship recruitme�t and de�elapment program; and
1�l����A�, the North Texas BOLD Initiative has offered fo pro��de such
services to citizens af the Ciiy;
N01�4l, iH�REFORE, in cortsideratian of the mutual co�enants, promises
an� agreemenfs set fiorth in this agreement, th� parties h�reby agree as follows:
1. Services.
a. Contractor agrees to pro�ide ass�stance in �dentifying, attracfing,
and retaining the best talent for senior leadership positions in For�
Worth through special outreaeh efforts to those candidafes wY�o are
under-represented in ihe targeted positions in the Fort Worth a�d
Tarrant County a�ea, such services to be pro�ided for a period
beginning J�ne 1, 2002 and er�ding September 30, 2002. The
specifics af these servi�es are contained in �xhibi� .�, attached
hereto and made a parf of tYtis Agreemenf for all purposes.
b. At the end af each of the three-month quarter during the term
hereof, Cvntractor shall submit a report substantially in tf�e fiorm of
the attached �xhibit � of services r�nder�d during each quarter
and be subject #o a review vf fhe City its services and activities in
performance of this Agreement.
�. Compensafiion. 1n consideration of the services to be perFormed
hereunder by Contractor, City promises and agrees to pay Contracfor, in
one insfallmenfi, #he sum of Twenty-five Thousand Dollars ($25,Q00) in
each of three y�ars, for a total of Se�enty-fi�e Thousand Dollars
($75,OQ0), subject to Council approva� during the annual budgetary
process.
,�
:tip����l'� �S�{'�� i-'�
�� ����,���� '
. i afll.r}��:I�•�L �\ �
UY� q
3. iermin��ion.
a. Either party may cancel this Agreement by giving a written notice to
the afher pariy of ifs intenf to terminate this Agreemen# as of a
specified date (the "Terminafion Dafe"). Such written nofice must
be gi�en at Ieast sixty {6d) days prior to the Termination Date. In
the event of such termination, City shall b� obligated to Contractor
only for tF�e services perFormed up to the Termination Dafie, and
Contractor agrees ta reimburse Cify�.for any portion of the funds not
utilized for perfarmance of services under this agreement.
b. In �he event no funds or insufficient funds are appropriated by the
City in any fiscal period for any payment hereunder, City wifl nofify
Contractor of such occurrence and this Agreemenf sha�l terminate
on 'the last day of the fiscal period for which appropriations were
received without penalty or expense to City af any kind whatsoe�er,
except as ta the partions of the payments herein agres� upon for
which funds shalf ha�e been apprapriated,
4. Inde�enden� Con�rac�or. Cantractor shall operate h�reun�er as an
independent contractor and not as an officer, agent, servant, or emplflyee
of the City, Cantractor shall have exclusive controi of and the exclusive
righf io contra! th� details of the services performed hereunder, and afl
persons perForming same, artd shall be solely responsible for the ac�s and
omissions of its afFicers, agents, s�nrants, emplayees, subcontractors,
and program participants. The �octrine of respondeat superior shall not
apply as betweer� the City and Confractor, it officers, agents, servants,
�mployees, subcanfractors, �r program participants, and nothing herein
shall be construed as creating a partnership or joint enterpr�se between
the City and Contractor. It is expressly undersfiood and agreed that no
officer, a�ent, employee, or subcontractor of the Confractar is in ti�e paid
service of the City.
6. i4ssiqnmenfi. Neither par�y to this Agreement . may assign, pledge,
subcontract, lease, hypothecate, mortgage, or otherwise transfer
{collectively, "Assign") fhis agreement or any of such party's righfs or
obligations here�nder, to a third party withoUt written consent.of the other
party. Any attempted Assignment by eifher party withouf such prior
written approval shal� be upid and constitute a breach of this Agreement.
6. Complianc� with Law. Contractor, ifi officers, agents, em�layees, and
subcantracfors, shall abide by and compfy witi� a�l iaws, f�derai, sta#e,
and local, incfuding all ordinances, rules and regulations of the City. It is
agreed and understood, tha# if City calls #o the atfention of Gontractor any
such vio�ation or� the part of th� Cantractor or any of its officers, agents,
employees and subcontractors, then Contractor shalf immediately desisf
from and correct such �iolation. The City herby represents and warrartts
that the services ta be perf'ormed by B�LD pursuant to this Agreement do
2
not violate the Discrimfnation in Employment Practices, as define� in
Paragraph 7 herein.
�. Non�discriminaiion. Contractar, in the execution, perFormance or
attemp�ed performance of this Agreement, will not unfawf�liy discriminate
agains# any p�rso� or persans because of sex, race, religion, color or
natior�al origin, nor will Cor�tractor permit its officers, agents, employees
or subcon#ractars to engage in such unlawful discriminat�on. This
Agreement is made and entered into with refierence specifically fo
Chapter �7, Article IlI, Division 3, ofi the City Cade of the City of Fort
Worth ("Discrimination in Employment Practices"), and Contractar herby
agrees that Contractor, it a�ents, employees, and subcontractors ha�e
fully complied with alf provis�ons of same and that no employees or
emplayee�applicants have �een uniawfully discrimirtated against by
contractar, its agents, employees or subcontractor.
�. fndemnification.
a. Con�ractor agrees to indemnify and hold i�armless the City, its
officers, agents, servat�ts, emplayees, and subcontractors
{callectively "City Indemnitee°), as fhe case may be, from and
aga�r�st any and all Iiabilities, losses, costs, expenses and/or
damages, including, witho�t limitation, reasonable at#orney's fee5,
incurred or suffered by any of the Contractor Indemnitee as a result
of or in connectior� with (i) any breach by Contractar of this
Agreement, an� (ii) any misrepresentation a# Con#ractor contained
in t�is Agreemenf.
�. City agrees to indemnify and hofd harmless Confractor, it officers,
agents, servants, employees and subcantractors (coflectively,
"Confractor Indemnitee"), as the ease may be, from and against
any and alE fiabilities, losses, costs, ex�enses, and/or damages,
including, withouf limitation, reasonable attarney's fees, incurred or
suffered by any of the Contracior lndemni�e� as a resulf of ar in
connection with (i) any breach by Ci#y of this Agreem�nt, and (ii)
any misrepresentafion of Cify contained in this Agreemenf.
9. Amendmenf and lV➢adifica�ion. Na amendment, modificat�on or wai�er
or any provision in this Agreement sl�afl be effecti�e unless made in a
writing signed by party against whom enfiorc�m�nf is sought.
1l}. ido�ices. AI! rtotices, requests, demands and other communications
required or perFormed under this Agreement shal� be in writing, shall refer
�o this Agreement, and unless otherwise provided herein may be
c�eli�er�d personally or sent by facsim�ie ��ansmission or sent by cer�ified,
regis#ered or express mail, postage prepaid, to #he address or facsimile
number for each party set forth below (ar ta ather such adc#ress o�-
facsimile number as may be designated �y notice gi�en in accordance
with this paragraph). Such notic�, request, demancf or other
commUnication shall be deemed delEvered upon actual receipt thereof by
such party, or upon confirmation of facsimfle trartsm[ssion, or two
business days after mailing if be certified, registered ar express mail.
Sen� to:
The BOLD lnitiat�ve
345 East 37th Street, Suite 21 �
New York, New York 10016
Attention: Bea Fitz�atrick
Facsimile No.: (212) 557-060�
With a copy to:
North T�xas BOLD Initiative, at:
2500 I.ou Menk Drive
Fort Worth, Texas 76'! 31
Attention: Monte Ellioft
Facsimi[e No.: (8� 7) 352-3664
If to ti�e City af Fort Vllorth:
City Manager's Office
Attn: Charles Boswell, Assistant City Mana�er
1000 Throckmorton Street
Fort Worth, Texas 761 D2
11. Severabi�ifiy. If one or more of the provisions containe� in the
Agreemenf shall be invalid, illegal or unenforceable in any respect under
any applicable laws, statutes, regulations, ordinances a�d the like of any
territory or jurisdiction, the validity, legaliiy and enforceability of the
remaining provisio�s af this Agreemen� shall not in any way be af�ected or
impaired.
12, �n��re Aqreemertf. This written instrumenf, Encfuding Exhibits A and B
hereto, constitutes the enfire agreement by the part�es hereto concerning
the work and services fo be perFormed hereunder, and any prior or
contemporaneous, oraf or written agreement �,�vhich purports ta uary from
the terms hereof shaf� be �oit#.
73. Headinqs. The paragraph and other heading contained in the
Agreement are for reference pur�oses only and shall not affect the
meaning or inferpretation of this Agreem�nt.
14. V�nue. Should any action, whether reai or asserte�, afi law or in equ�ty,
arise aut of the execution, p�rformance or aftempted perFormance of this
Agreement, �e�ue far saicf action shall Lie in Tarrant Caunty, Texas.
'15. Counterpar�s. This Agreement may be executed in fwo or more
counterparts, each of whic� shall �e d�emed an originaf, but all ofi which
shaf� be cansidered on and t�e same Agreement.
[remai�der of page intentionally left blank]
�
�3
EXHIBIT A
BOLD's Purnose: The mission of the BOLD Initiative is to create a forum that will enabie
Companies to develop and implement strategies for diversifying their corporate leadership, and
achieve botiom-line business objectives. Participating companies and entities will iden�i_Fy their
unique business opportunities for leadership diversity, the coniributions that all employees can
bzing to the bus�ness, and the barriers fha� stand an the way af realizing this goal. Participanis
will then devise and implement strategies for overcoming these barriers to Ieadershzp diverszty
and engaging high-poieniial managers.
The first project af fi�e North Texas BOLD Initiative wil� be to canduct a Community-Wide
Talent Search, whic�i will identify and recruit a diverse poal of candidates wzth the slcills and
experiences needed to fill senior management pasitions. This ongoing search will xesult in a
direct benefit to the Fori Worth and Tarrant Cowo.ty commu�ities and to th� participating BOLD
Companies. The Camm�.uuty-Wide Talent Search to be performed by BOLD will include the
foZlowing efforts: �
l. BOLD will assist in identifying, atiracting and retaining tk�e best talent for senior
Ieaders�.ip positians, with sp�cial outreach efforts to those candidates who are under represented
in the targeted positions.
2, Attract and reta.in a highly slc�lled and talented wor�force which positively impacts many
aspects of the comnr�unity, includang fi.�e educational system and �lie eventual employment i;a�ent
paol.
3. The current workforce is changing and re�lects a more diverse talent pool. BOLD cnrill
partnez with otkYer organizations in the City to develap an inclusive talent pool for the City's
�vork foree.
4. Thraugh The BOLD It�iiiati�e, an environrnent will be created in rort Warth tha.t is
attractive io people of alI giroups. These talented people could eventually migrate to Fort �ilorth
as they view our Ciiy as fair, progcessive, and a good place to work.
5. The BOLD Initiative and its participaiing companies wilI serve at least Sd% of Tarrant
County's residen#s directly and indirectlq. The goal of such efforts is to inerease opportunities
for senior leadersh�ip pasitions in major Fort Warkh corporations.
Pro6able Outcomes: Through participation in The BOLD Initiative, the Czly nf Fort Worth is
providing an additidnal economic development tool for the entire City. Thi� country's top
professionals and business leaders will recognize a positive climate of diversity and inclusion in
Fort Worth. They will also realize the op�ortunity to reach their �uI1 poiential in. Coxpaxate
Ariaexica, prompting them to eventually migrate io this area. Havin� a well-trained and qualified
workforce relocat� or remain in fhe Fort VVorth area nas a direct and long-term econorz�ic impact
on the enti�e community. Suck� a developrnent of the workforce could improve ihe quality of'the
educationa� syst�m and the eventual talent p�ol of available employees.
�'ity of'1�'o�t Wo�t�h, T'exa�
M��or a�d Cour�ci[ Cor�mun�c��io�
DAT� REFERENCE NLIMBER LQG NAME
61181Q2 **�o� 97 2�
02BOLD
PAGE
1 Qf 2
sus��cr . AUTHORIZE A CONTRACT WfTH THE �l�RT�I T��.S �����5�� UPPORTlJN1TlES
FOR LEADERSHIP DIVERSITY INITIATIVE TQ DEVEL.OP AND PROMQTE M1NORlTY
AND WOM�N MANAGERS IN FORT WORTH
RECOMMENDATION:
It �s recammended that the City Cauncil authorize the City Manager to execute a contract with the No�th
Texas Business Opportunities for Leadership Diversity (BOLD} Initia#ive in the amour�t of $25,Q00, for
the developm�nt and promofion 4f rt�inorities and wamen ir� Fart War�h's corporate workforce.
DISCLISSION:
The No�th Texas BOLD Initiati�e was made possible through the leadership of Rab Krebs of Buriington
Northern Santa Fe, and Do� Carty af American Airlines.
Since Fe�ruary, 2000, at t�e r.equest of the business comm�n�ty, Nor�h Texas BOLD Initiative sta�f
faci�itated several meetings with African America� Senior Managers, H�spanic and Women lead�rs of
Fort Wa�th carporatior�s and non�profit or�anizations.
Addifiionally, nine CEOs participated in a separate group calied the Nvrtf� Texas CE� ActEon �earning
Group. These groups were given an overview of the NortY� Texas BOL� Initiative faflowe� by
discussians on s#rategies and actinns for successfully identifying, develaping and promotEng minarity
falent far a di�erse corporate warkforce it� Fort Worth.
In August 2D0�, the North Texas BOLa Initiati�e Office was opened on the Campus of Burlingtan
Northern 5anta Fe. Currently, Monte EIliotf is serving as the Executive Directar. �He is charged with
establishment af the CorporatelC�mmur�ity PartrtershiP that wiil Provide a place where carPQrate�and
community leaders �an interact on issues a# cammon cancern. T�e partnership is focusing on
recruitment, reten�ion and ad�ancement af ethnic minority a�d women managers in Fort Wortl�
corporations.
An ad�isory council comprised of representa#i�es of t�e North Texas BQLD Initiative ieam and
memb�rs of warking groups, that included membars af all minarity groups and women le�d�rs, was
es#ablished. Vanessa Ruiz-Boling, Human Relations Commission Director, has bean involved since the
Advisary Council's inception and will continue io repr�sent the City of Fort Worth's int�rest on tt�is
Advisary Councif.
It is proposed that a contract be executed between the City of Fort Warth and the North Texas BOLD
Initiative far the period of three-years at a cost of $25,000 per year with the und�rstanding that
su�sequent years would be subject to the City's budget review process. The firsi year con#ract is
ex�ected to begin June 1, 2D02, ihrough 5eptemher 30, 2002.
�'ity of �ort �orth, T'exas
[�i�y�r an� Cou�c�l Comn�un�ca�ti�n
DAT� REFEREiVC� �lUMBER LOG NAN{� PAGE
61� 8102 **C�9 91 �1 ' o2Bo�o 2 ofi 2
sue��.cT AUTHORIZE A CONTRACT WiTH THE NORTH TEXAS B 51NES5 OPPORTUNITIES
FOR �EADERSHIP DIVERSITY INITIATIVE TO.DEVE�.OP AND PROMQTE MiNORITY
AND 1NOMEN MANAGERS IN FORT W�RTH
FISCAL iNFORMATlQNICERTlFICATION:
The Finance Director c�rtifies that fUnds were not included in the Non-Departmental FY2001-20Q2
annual 6udge# for tnis expenditure. Howe�er, savings in other accounts will be utifized to affset th�s
expense.
CB:n . I
5ubmitted for City Manager's
oft��e by:
Charles Baswel]
Originxting Department Head:
Charles Bosweil
AdditionAl Informatian Cantuct:
Teresa Carreon
� FUND
� (to)
I
6183 I
�
6183 I (fram)
GG01
�
G125 �
ACCOUNT I CENTER � AMOUNT CITX SECRETARY
539120 090451 a $25,DOD.00
APPROVED fld/i 8102