HomeMy WebLinkAboutContract 61477Vendor Services Agreement Page 1 of 12
This VENDOR SERVICES AGREEMENT by and
between the CITY OF FORT WORTH a Texas home rule municipal corporation and Colette
Holt and Associates,Vendor and collectively referred to as
the
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A Scope of Services;
3. Exhibit B Payment Schedule
Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement
shall control.
1. Scope of Services.Vendor agrees to provide City with an updated utilization and
to perform the
baseline availability analysis for Veterans and Service Disabled Veteran Owned Firms in the City of Fort
Worth marketplace for goal-setting. Vendor agrees to review and make a recommendation for any best
practice updates to economic development project goal setting, and tax incentive strategies including 380
Agreements and Tax Abatement policy where Business Equity Firm participation is required.
-Scope of Services more specifically describes the services to be provided hereunder.
2. Term.This Agreement shall begin onthe date signed by the Assistant City Manager below
June 6, 2025
accordance with this City shall have the option, in its sole discretion, to renew
this Agreement under the same terms and conditions, for up to three (3) one-year renewal options.
3. Compensation.City shall pay Vendor an amount not to exceed One Hundred Fifty
Thousand Dollars ($150,000.00) in accordance with the provisions of
Payment Schedule, which is attached hereto and incorporated herein for all purposes. Vendor shall not
perform any additional services for the City not specified by this Agreement unless the City requests and
approves in writing the additional costs for such services. City shall not be liable for any additional expenses
of Vendor not specified by this Agreement unless City first approves such expenses in writing. City agrees
to pay all invoices of Vendor within thirty (30) days of receipt of such invoice.
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4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in
writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller 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.
5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor shall notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
Vendor Services Agreement Page 3 of 12
6. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during
normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Vendor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors and subVendors. Vendor acknowledges that the doctrine of respondeat superior shall
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents,
servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City.
Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers, agents, servants, employees or subVendor.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, 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
OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
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Vendor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action, with copies of all papers City may receive relating
shall not eliminate Vendor
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
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$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
-owned.
(c) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b)
(Right of Recovery) in favor of City.
(c)
limits of coverage shall be provided to City.
acceptable in the event of non-payment of premium. Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
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11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor oyment of
any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Christina Brooks, Director
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-7529
same address
To VENDOR:
Colette Holt & Associates
Attorney at Law
16 Carriage Hills Drive
San Antonio, TX 78257
(773) 255-6844
14. Solicitation of Employees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor spective right to insist upon appropriate performance or to assert any such right on any future
occasion.
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17. Governing Law / Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Majeure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in interest, as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a 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
option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
26. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
Vendor Services Agreement Page 8 of 12
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement (). Further, City
shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
28. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
arty is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
29. Change in Company Name or Ownership. Vendor
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-
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
30. No Boycott 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
2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
Government Code. By signing this contract, Vendor certifies that Vendor
verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract.
31. 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
Vendor Services Agreement Page 9 of 12
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 boycott energy companies; and (2) will not boycott energy companies during the term of the
contract.
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 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.
32. 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.
Texas Government Code (as added by Acts 2021, 87th Leg., 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 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
(signature page follows)
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ACCEPTED AND AGREED:
City:
By: ___________________________
Name: Fernando Costa
Title: Assistant City Manager
Date: ___________________
Vendor:
By: ___________________________
Name: Colette Holt
Title: Colette Holt & Associates Owner/CEO
Date: ____________________
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: ______________________________
Name: Christina Brooks
Title: Director
Approved as to Form and Legality:
By: ______________________________
Name: JB Strong
Title: Assistant City Attorney
Contract Authorization:
M&C: 24-0372
Form 1295:
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.
By: ______________________________
Name: Nohemi Sanchez
Title: Manager, Business Equity
City Secretary:
By: ______________________________
Name: Jannette S. Goodall
Title: City Secretary
Vendor Services Agreement Exhibit A Page 11 of 12
EXHIBIT A
SCOPE OF SERVICES
Vendor agrees to provide the City with the following consultant services:
1. Provide City with an updated utilization and availability analysis for 2019 - 2024 for Business
.
2. Perform the baseline availability analysis for Veterans and Service Disabled Veteran Owned
Firms in the City of Fort Worth marketplace for goal-setting.
3. Review and make a recommendation for any best practice updates to economic development
project goal setting, and tax incentive strategies including 380 Agreements and Tax Abatement
policy where Business Equity Firm participation is required.
Vendor Services Agreement Exhibit B Page 12 of 12
EXHIBIT B
PAYMENT SCHEDULE
Vendor will submit a monthly invoice that includes an update on scope of work progress including items
and tasks that have been completed, items and tasks that are in progress, and items and task that may have
barriers to completion within the agreement period. Upon receipt of invoice and scope of work progress
report the City of Fort Worth shall issue monthly payments of $16,250.00 as follows:
July 5, 2024
August 2, 2024
September 6, 2024
October 4, 2024
November 8, 2024
December 6, 2024
January 3, 2025
February 7, 2025
CITY COUNCIL AGENDA
Create New From This M8�C
DATE:
CODE:
5/14/2024 REFERENCE
N O..
C TYPE:
**M&C 24-
0372
CONSENT
LOG NAME:
PUBLIC
HEARING:
08MARKETPLACE
AVAILABILITY VENDOR
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SUBJECT: (ALL) Authorize Execution of an Agreement with Colette Holt & Associates in an Amount
Up to $150,000.00 to Conduct Utilization and Availability Analysis for Business Equity,
Veteran, Service-Disabled Veteran Owned Firms in the City of Fort Worth Marketplace,
Adopt Appropriation Ordinance Reallocating Resources from the Non-Departmental
Department Budget to Diversity & Inclusion Department in the Amount of $150,000.00
and Amend the Fiscal Year 2024 Adopted Budget
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an agreement with Colette Holt & Associates in an amount up to
$150,000.00 to conduct the utilization and availability analysis updates for Business Equity
Firms in the city's marketplace as well as to perform the baseline availability analysis for
Veterans and Service Disabled Veteran Owned Firms in the City of Fort Worth marketplace for
goal-setting;
2. Adopt the attached appropriation ordinance reallocating appropriations in the General Fund
to decrease the Non-Departmental Department in the amount of $150,000.00 and increase
the Diversity & Inclusion Department by the same amount; and
3. Amend the Fiscal Year 2024 adopted budget.
DISCUSSION:
City Council has requested an update of utilization and availability analysis for Fiscal Years 2019
through 2023, an aspect of a full availability and disparity study for Business Equity Firms and to
create a baseline availability analysis for Veteran and Service-Disabled Veteran-Owned firms in the
Fort Worth marketplace for goal-setting.
Utilization and Availabilitv Analysis
While best practice for conducting an update for a full availability and disparity study is recommended
to take place every five to seven years, a scientific analysis of firm utilization, availability and disparity
ratios within a marketplace could be updated every two years. This methodology would include
aspects of steps two, three, four, and five of the full seven step disparity study methodology and could
show any economic marketplace changes or developing trends in participation and or barriers.
A utilization and availability analysis would use information from a more recent data collection range,
including fiscal years afterthe final year of data used in a City Council authorized Availability and
Disparity Study for goal-setting. For example, the 2020 City of Fort Worth Availability and Disparity
Study used data from Fiscal Years 2013 — 2018. An updated Utilization and Availability Disparity
Analysis would use data from Fiscal Years 2019 — 2023 since that would be the most recent data that
could show changes in marketplace conditions, and trends including program outcomes towards
overall, citywide annual aspiration goal-setting. This updated information would not replace the
authorized city goal established through the most recent Availability and Disparity Study, but could
inform city leaders of developing trends.
It is important to note, that consistent with national best practice for contract goal-setting, the City
calculates project specific goals based on available vendors in our marketplace that are willing and
able to provide goods and services listed in specific project scopes of work using North American
Industry Code System (NAICS) or National Institute for Government Purchasing (NIGP) categories.
Utilization and Availability Analysis Cost and Timeline
Since this would be a new and innovative approach in measuring trends and progress towards
participation goals, the City of Fort Worth doesn't have any prior existing information. However, based
on preliminary conversations with Colette Holt & Associates (CHA), we have an idea, based on the
CHA's national experience in providing this a la carte service, of expected time to complete the
analysis and costs for the City of Fort Worth based on the quality and availability of the required data
we currently have. The cost to complete this analysis in six months is expected to not to exceed
$150,000.00.
Service Delivery Expectations
Business Equity Firms. The Diversity and Inclusion Business Equity Division is expected to continue
service delivery that includes race neutral and race conscious strategies as outlined in the Business
Equity Ordinance as well as updated Administrative Regulations for city contracts. This includes but is
not limited to
1. Implementing Additional Features of the City's Electronic Contracting Data Collection and
Monitoring System
2. Increase Outreach to Business Equity Firms and Small Firms
3. Increase Contract "Unbundling"
4. Review Requirements for all Bids and Proposals and Pre-qualifications
5. Provide training to City Staff and External Stakeholders
6. Review Required Forms
7. Review Contractor Partnership Agreements
Veteran, and Service-Disabled Veteran-Owned Firms. The Diversity and Inclusion Business Equity
Division is expected to deliver services to Veteran-Owned Small Businesses (VOSBs) and Service-
Disabled Veteran-Owned Small Businesses (SDVSBs) that includes but is not limited to
1. Implementing Additional Features of the City's Electronic Contracting Data Collection and
Monitoring System
2. Increase Outreach to Veteran and Service-Disabled Veteran Firms
3. Increase Contract "Unbundling" for Small Veteran and Service-Disabled Veteran Firms
4. Review Requirements for all Bids and Proposals and Pre-qualifications
5. Provide training to City Staff and External Stakeholders
6. Review Required Forms
7. Review Contractor Partnership Agreement
The action in this Mayor and Council Communication will amend the Fiscal Year 2024 Adopted
Budget as approved in connection with Ordinance 26453-09-2023.
Funding is budgeted in the Other Contractual Services account within the General Fund for the Non
Departmental Department for the purpose of funding the Diversity & Inclusion Department.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies funds are available in the current operating budget, as previously
appropriated, in the General Fund for the Non Departmental Department and upon approval of the
above recommendations and adoption of the attached appropriation ordinance, funds will be
available in the General Fund for the Diversity & Inclusion Department. Prior to any expenditure
being incurred, the Diversity & Inclusion Department has the responsibility to validate the availability
of funds.
TO
[Fund Department Account Project Program Activity Budget Reference # Amount
ID ID I Year (Chartfield 2)
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 21
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Christina A. Brooks (8988)
Additional Information Contact:
ATTACHMENTS
08MARKETPLACE AVAILABILITY VENDOR funds availabilitv,pdf (CFW Internal)
08MARKETPLACE AVAILABILITY VENDOR Updated FID.xlsx (CFW Internal)
Colette Holt Form 1295 (2024),pdf (CFW Internal)
ORD.APP 08MARKETPLACEAVAILABILITYVENDOR 10100 AO(r2).docx (Public)