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HomeMy WebLinkAboutContract 6130861308 City Secretary Contract No. FORT WORTH,-,., *"Mir VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City") and GovHR a division of MGT of America Consulting, LLC. ("Consultant"), each individually referred to as a "party" and collectively referred to as the "parties." 1. Scope of Services. Consultant will, with good faith and due diligence, assist the City in the process of conducting an executive search to select a new Assistant Park & Recreation Director for the City of Fort Worth. In Particular, Consultant will perform all duties outlined and described in the Scope of Work, as set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. In the event there is are any conflicts between the terms of the Exhibits and the terns found in this Agreement, the terms of this Agreement control. 2. Term. This Agreement begins on the date signed by the Assistant City Manager below ("Effective Date") and shall expire on October 31, 2024("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). 3. Compensation. City will pay Consultant in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement, including the set Recruitment Fee, advertising and any other approved expense, will not exceed Thirty -Seven Thousand Dollars ($37,000.00). Consultant will 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 will not be liable for any additional expenses of Consultant 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-annronriation 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 Oblia_ ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon Vendor Services Agreement I of 17 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City Secretary Contract No. 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. 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 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 Act. 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 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 Information has 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. Right 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 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 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. Indeuendent 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 control the 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, Vendor Services Agreement Page 2 of 17 City Secretary Contract No. 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. 8. Liability and Indemnification. 8.1 LIABILITY - VENDOR WILL 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, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING 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, Vendor will 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 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 Vendor Services Agreement Page 3 of 17 City Secretary Contract No. 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, 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. AssiLynment 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. 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) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will 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 Services are being performed Vendor Services Agreement Page 4 of 17 City Secretary Contract No. Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $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 must 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 must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability 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) The workers' compensation policy must 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 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. (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 will not constitute a waiver of the insurance requirement. (f) 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 and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, Vendor Services Agreement Page 5 of 17 City Secretary Contract No. 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: To CITY: To VENDOR: City of Fort Worth GovHR a division of MGT of America Consulting, Attn: Jesica McEachern, Assistant City Manager LLC 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 Judy Schmittgens 630 Dundee Road, Suite 225 With copy to Fort Worth City Attorney's Office at same address Facsimile: 847-380-3240 14. Solicitation of Emnlovees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision 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 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 will 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 Vendor Services Agreement Page 6 of 17 City Secretary Contract No. 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 any way be affected or impaired. 19. Force Maieure. 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 Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this 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 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 will not be employed in the interpretation of this Agreement or Exhibits A and B. 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 will together 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 Nationalitv 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 Vendor Services Agreement Page 7 of 17 City Secretary Contract No. 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 notice to Vendor, will 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 provided under 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 will 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. 27. Signature Authoritv. 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, may be executed by 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 Comnanv 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 Bovcott of Israel. If Vendor 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 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" 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 Bovcotting Energv Companies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a Vendor Services Agreement Page 8 of 17 City Secretary Contract No. contract for goods or services that has a value of $100,000 or more that is to 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 boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to 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, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to 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. 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 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 these purposes, "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 of Agreement. 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 contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Vendor Services Agreement Page 9 of 17 City Secretary Contract No. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Name: Jesica McEachern Title: Assistant City Manager Date: Apr 29, 2024 APPROVAL RECOMMENDED: By: Name: Richard Zavala Title: Director of Park and Recreation ATTEST: rO*SORT°gPOp� dQ e a i�y> V � °°nnaTEx�g� By: Name: Jannette Goodall Title: City Secretary VENDOR: GovHR, a division of MGT of America Consulting, LLLC J��Ls By: f Name: A. Trey Traviesa Title: CEO Date: Ap rl [ 19 20 24 Vendor Services Agreement CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. VlGfOi' E.SGObPdO By: Victor Escobedo (Apr 19, 202417:06 CDT) Name: Victor Escobedo Title: Human Resources Manager APPROVED AS TO FORM AND LEGALITY: uJ By: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A — Professional Service Exemption Form 1295: OFFICIAL RECORD ) of 17 CITY SECRETARY FT. WORTH, TX City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES roject Approach & Methodology A detailed plan specifically designed for you. Project Understanding A typical recruitment and selection process takes approximately 175 hours to conduct. At least 50 hours of this time is administrative, including advertisement placement, reference interviews, and due diligence on candidates. We believe our experience and ability to professionally administeryour recruitment will provide you with a diverse pool of highly qualified candidates for your position search. Our clients are informed ofthe progress of their recruitment throughout the entire process. We are always available by mobile phone or email should you have a question or need information about the recruitment. MGT Client Satisfaction Components Responsive and .ati ato Client Initial Project 0-0, PIanningoncerns Assignment of Qua I ity Timely Performance Q Staff e / Communication\ Quality Candidate Throughoutthe Evaluation & ® aIat Recruitment Screening Process Proposed Work Plan Activities MGT treats each executive recruitment as a transparent partnership with our client. We believe in engaging with stakeholders early in each recruitment process to fully understand the challenges and opportunities inherent in the position. Understanding the organizational culture is critical to successful recruitment. We gain this insight and information through meetings (one on one and in small groups), 7- *• MGT CITY OF FORT WORTH, TX , FEBRUARY 2, 2024 PAGE 7 .ij ASSISTANT D=RECTOR OF PARKS & RECREATION EXECUTIVE Vendor Services Agreement Page 11 of 17 City Secretary Contract No. PROJECT APPROACH & METHODOLOGY surveys, and a review of relevant information. This information is reflected in a poliAed marketing piece that showcases the orgarnization and the area it se rues_ INFORMATIOJ4 HATHERIN6 + One-on-ane or group interviews with stakeholders identified by the City. * MGT can establish a dedicated email address for feedback from stakeholders or the community. + Community fiarums (in -person or via videoI can be used to gather input and feedback_ * Surveys can be used fo r d epa rtment perso nn el and/orthe comm unitytogather feedback. + Conversationsfinterriews with department heads_ A combination of the items listed above can be used to fully understand community and organizational needs an d expectations for the position (this proposal i ncludes 12 lours of meeti ngs — additional meetings can be added for a fee of $150jhour plus actual expenses if incurred). Dedicated email address and one acganizational survey are inrluded_ A Community Survey can be conducted for $2,50D. Community Forums are co nducted as an optional service_ Development of a POSITION ALNNOUNCEMENT to be placed on websites and social media_ Development of a thorough REC1Ri1fTMENT BRGCFIURE for the City's review and approval_ Agreement on a detailed RECRUITMENTTIMETABLE— a typical recruitment takes between 90 to 120 days from the time you sign the contract to #foe appointment of the finalist candidate. Activities We make extensive use of social media as wel I as tfaditbnal outreach methods to ensure a diverse and highiy qualified pool of candidates_ Our website is well known in the local government industry — we typically have 17,OOU+ visits mnonthh} W our website and career center_ Additionally, our weekly fobs listings are sent to over 8,000 subscribers. Phase 2 will include the Uli3wi ng: + MGTconsultants will personally id"ifyand contadpotenbalcandidates_ + develop a database of potenbai candidates from acrossthecountry unique to the position and to the Ctyr focusing on: — Leadership and management skills- - Size of organization. — Experience in addressing chailenges and opportunities also outlined in Phase 1. The database will range from- several hundred to thousands of names. An email campaign wi l l be sent to each potential candidate. • Placement of the Position Announcement: — Public sectorcniine Career Centers- - Social medial Unke&n (posted on MGT Executives Unkedln news feeds, to reach over50,000 conneotions), Facebook, and Instagram. — MGT will provide the City with a list of advertising options for approval_ ^% MGT CITY OF FORT WORTH, TX 1 FEBRUARY 2, 2024 PAGE 8 ASSISTANT DIRECTOR OF PARlL 5 RECREATKIN EXECUME City Secretary Contract No. PROJ£CTAPPROACH & METHODOLOGY Activities Phase 3 will include the following steps: * Review and evaluation of randidates' credentials with consideration to the criteria Outlined in the Recruitment Brochure- * Candidates will he narrowed down to those that meet the qualification criteria- * Candidate evaluatian process_ — Completion of a questionnaire explaining prior work experience_ — Live 'fdea Interview (45 minutes to 1 hourl conducted by ronsultart with each candidate selected for further consideration_ — Refere nces provided by the candidate are contacted. — InternetJSocialMr4ediasea rchcon ducted oneach candidateselected for furtherconsideration. All resumes will be acknowledged and inquiries from candidates will be personally handled by MGT, inns uringthe City's process is prafessional and well regarded by all who participate_ Activities Phase 4 wil I include the following steps: • MGT vrlil prepare a Recruitment Report presenting the credentials of those candidates most qualified for the position_ * MGT will provide an electronic recruitment portfolio which contains the candidates' materials along with a "mini" resume for each candidate sothat credentials are presented in a uniform way. • The City will receive a log of all applicants and may review resumes if requested_ • Report will arrive in advance of the Recruitment Report Presentation_ MGT will meet with the City to review the recruitment report and provide additional information on the candidates_ Activities Phase 5 wiiI include MGT co m pleti ng the foil owing steps- * aevelop the first and second round interview questionsiorthe City's review aad comment. * Coordinate candidate travel and accornmodations. * Provide the Cate with an electronic file that includes: — Candidates' credentials. i.n T CITY OF FOFT W 0 RTH, TX i FESR UAav 2. 2024 . n... ° MGT ASSISTANT OIR ECTOR Of PARM & RECAEA7-CN EXEC UT E PAGE 9 City Secretary Contract No. PROJECT APPROACH & METHODOLOGY - Set of questions with room for interyiewersto make notes- - Evaluation sheets to assist interviewers in assessing the candidate's skills and abilities_ Background screening will he rondurted along with additional references contarted: +F Social Security Trace & Verffcation v' US Federal Criminal Search ✓ Enhanced Verified National Criminal - National Sex Ctffender Registry Most Wanted Lists FBIr DEA, ATFr Interpol OFAC Terrorist Database Search OIG, GSA, SAM, FDA All felonies and misdemeanors reported to the National Database V CountyfStatevAde Criminal f Civil Search +r Bankruptcy, Leans, and ludgements +� hhotOFVehide Record +� Education Verification - AJI Degrees Earned Optional: Credit Report -Transunion with score (based on position and state laws) Optiaa�aJ: Professional License Verficatfon Drug Screen - Employment Verification MGT will work with you bD develop an interview sched:uJe for the candidates and coordinate travel and accommodations_ MGT consultants will he present for all the interviews, serving as a resource and facilitator. MGT will coordinate a 2-Step Interview process. The first -round interviews will include four to five candidates -The second -round interviews will indudetwo orthree candidates. MGTwill supply interview questions and an eval uatfon farm. In addition to a structured interview, the schedule can incorporate: • Tour of the City s facilities. + Interviews with sen for staff_ Activities • MGT will assistyou as much as requested with the salary and benefit negotiations and drafting of an employment agreement, if appropriate. • MGT wiJJ notify all applicants of the final appointment, providing professional background information on the successful candidate_ PtrojieCt Timeline Based on our experience in conducting similar projects, we anticipate the proposed project can be completed within 14 weeks of project initiation as illustrated in Error! Reference source not found__ OV%a MGT CITW OF FORT WORTH, TX I FEBRUARY 2, 2024 PAGE 20 ASSLSTANT DIRECTOR OF PARKS& R£ClEATHDN EXECUTIVE City Secretary Contract No. PROJECT APPROACH & METHODOLOGY Commitment to Diversity, Egttity, & Inclusion in Recruitments MOT is a leader in diversity, equity, and inclusion jDEI1 Consulting services, strategic planning, and organ fzationtransformation_ s',rtGrs experience workingin diverse communities acrossthe United States and working with organizations seeking to change organization culture is critical to the success of all our projects_ We have a track record of building awareness, solutionsr and direction for systemic change by generating transformative ideas and solutionsr Information, and practfces into operational strategies, which help us stand outin all our projects_ MGT is also one of the original and premier disparity research firms in the country_ Disparity studieswere the first instance of bringing principles of diversity, equity, and inclusion into the public sector, through the procurement process, and since 3994, {`,+JGT has conducted more than 230 public sector disparity studies_ These studies are designed to improve procurement departments, promote and advance equity, and improve economic outcomes for diverse communities that have been historically marginalized by analyzing policies, practices, and programs to increase the utilizatfon of minority- and women -owned businesses. Clients that have conducted a disparity study are in the unique position to increase and improve systematic equity through procurement and contracting, which can ultimately promote economic empowerment by creating strong business and employment pipelines in communities of color. MGT's GovHR also has a long-standing commitment to DEI_ Since the firm's inception they have supported, with their time and financial resources, organizations that advance underrepresented populations in local government These include the National Forum for Black Public Administrators, the Local Government Hispanic Network, The League of Women In Government and CivicPride. Our Team Members have moderated and spoken on DEI topics at the International City and County Management Association conference and state conferences_ Our employees and consultants have undergone Implicit Bias Training, and we are frequent speakers on incorporating equity and inclusion into all levels of local government_ Additionally, we provide a list of ❑EI resources on the hornepage of the website at GovHRus.a_com_ MGT's Gc)vHR has formally partnered urrth the National Forum for Black Pubiic AdminfstratorSr Consulting arm, i4y, in several recruitment and selection processes throughout the country including Toledo, OH, Fort Collins, CO; Ann Arbor, MI, Oaklandr MI; and Arlingtonr TX_ Our partnership reflects our mutual commitment to advancing ❑EI values and increasing the diversity of local govemrent leaders at the highest levels of local government organizations. 41A MGT CITY OF FORT WO RTH, TX i FEBRUARY $ 1D?11 PAGE 21 ASSISTANT DIRECTOR OF FARM & RECREATFON EXECUTIVE City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE Cost Proposal Defined by Impact_ Driven by People. Dedicated to the Community. We take pride in customizing our clients needs — and we oral I work with you to ensure our fees are aligned with your expectations and budget. hill Scope Recruitment Recruitment Fete (includes $i,GW repeat client discount) $23,500 Recruitment Expenses (not to exceed Expenses include candidate due diligence efforts $1,560 Advertising •AdverFE5ing costs vffry hetween $1,W0 and $2AW Client fs array $2 OM* bfFled foracttm�cnst. *'Consultant travel expenses are not included fnr the price proposal. if the corrsuftant is requested to travel to the client, travel casts wfff be estimated of time of request. Only actual expenses will he billed to the City for raeimbursement. Passible in -person meetings could include- • Recruitment brochure interview pro cess • Presentation of recflmmended candidates • Interview Process Any additional consultant visit requested by the City {beyond the three visits listed above) wiii be billed at $150fhour_ The additional Visits may also result in an increase in the travel expenses billed_ *This fee does not include travel and accommodation for candidates nterviewed. Payment for Fees & Services • ist Invoice: Contract Award (40%ofthe Recruitrren#Fee �_ • 2nd Invoice: Presentation of Candidates (40%ofthe RecFuitment Fee &expenses inEarred to date)_ • Final lnvoice: Completion of Recruitment (20 aofthe Recruitment Fee plus all remaining expenses}. Payment of i nvoi ces is due within thirty (34j days of receipt. Vendor Services Agreement Page 16 of 17 City Secretary Contract No. OPTIONAL SERVICES Our Guarantee MGT is committed to assisting our clients urrtil a candidate is appointed to the position_ Therefore, no additional professional fee Will be incurred if the client does not select from the initial group of recommended candidates and requests additional candidates be developed for interview __ _r'I_ ,1' .." If additional advertising beyond Phase I r -� _ . is requested, the City will be billed for actual advertising charges" Reimbursable expenses may be incurred should the recruitment process require consultanttravel tothe City" Upon " " _ " . _ " of a candidate, MGT prflvides the hallowing guararrtee= should the selected and appointed candidate, at the request of the City ortfhe employee's own determination, leave the employ of the City within the first 12 months of appointment, we will, if desired, conduct one additional recruitment for the rust of expenses and announcements only" This request must be made within 5 months of the employee's departure.