HomeMy WebLinkAboutContract 61767City Secretary Contract No. 61767
SORTWORTHO
NON-EXCLUSIVE VENDOR SERVICES AGREEMENT
This NON-EXCLUSIVE VENDOR SERVICES AGREEMENT ("Agreement') is made and
entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal
corporation, and Mecca Management Solutions, LLC ("Vendor"), each individually referred to as a
"party" and collectively referred to as the "parties."
WHEREAS, the purpose of this Agreement is for Vendor to provide City with recruitment and
direct hire services for permanent, full-time salaried Engineering and Sr. Capital Project Officer positions
with City ("Services") and it is understood that no temporary or contract workers will be provided under
this Agreement; and
WHEREAS, the Parties are entering into this Agreement with the understanding that it is a non-
exclusive agreement for Services on an as -needed basis, additional vendors can and will be selected to
provide City with the same Services, and no specific amount of work is guaranteed; and
WHEREAS, the Agreement documents consist of this Non -Exclusive Vendor Services
Agreement, Exhibit "A"- Scope of Services, and Exhibit `B"- Payment Schedule and in the event of any
conflict between the terms and conditions of the Exhibits and the terms and conditions set forth in the body
of this Agreement, the terms and conditions of this Agreement shall control.
NOW THEREFORE, the Parties enter into the following Agreement:
1. Scope of Services. Vendor will, with good faith and due diligence, enter into this non-
exclusive agreement to provide City with recruitment and direct hire services for permanent, full-time
salaried Engineering and Sr. Capital Project Officer positions with City, on an as needed basis for the Water
Department (i.e. Professional Engineers, Sr. Professional Engineers, Engineering Managers, and Sr. Capital
Project Officers) ("Services"). Exhibit "A" — Scope of Services more specifically describes the Services to
be provided hereunder.
2. Term. This Agreement begins on the date signed by the Assistant City Manager below
("Effective Date") and shall expire one year from the date ("Expiration Date"), unless terminated earlier in
accordance with this Agreement ("Initial Term"). City shall have the option, in its sole discretion to renew
this Agreement under the same terms and conditions, for up to two (2) one-year renewal options(s) (each a
"Renewal Term").
3. Compensation.
3.1 General Provisions. City will pay Vendor in accordance with the provisions of this
Agreement. City will pay Vendor an annual amount up to $100,000.00 in accordance with the
provisions of this Agreement and Exhibit "B," Payment Schedule, which is attached hereto and
incorporated herein for all purposes. The Parties acknowledge that this is a non-exclusive
Vendor Services Agreement OFFICIAL RECORD page 1 of 17
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
agreement to provide City with direct hire placements and there is no guarantee of any specific
amount of work.
3.2 In the event of a disputed or contested billing, only the portion being contested will be
withheld from payment, and the undisputed portion will be paid. City will exercise reasonableness
in contesting any bill or portion thereof. No interest will accrue on any contested portion of the
billing until the contest has been mutually resolved.
3.3 For contested billings, the City shall make payment in full to Vendor within 60 days of the
date the contested matter is resolved. If City fails to make such payment, Vendor may, after giving
7 days' written notice to City, suspend services under this Agreement until paid in full, including
interest calculated from the date the billing contest was resolved. In the event of suspension of
services, Vendor will have no liability to City for delays or damages caused to City because of such
suspension of services.
3.4 Invoice. Vendor shall submit invoices to the individual identified as the requesting City
department's point of contact and also submit a copy to the Talent Acquisition Manager in the
Human Resources Department, 200 Texas Street, Fort Worth, Texas 76102.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-abbronriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services 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
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
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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. Indenendent 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,
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.
Liabilitv 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
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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
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.
Assignment and Subcontracting.
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9.1 AssiLn ment. 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
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
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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 Reauirements
(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,
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.
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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 Mecca Management Solutions LLC
Attn: Fernando Costa, Assistant City Manager Attn: Marnese Barksdale Elder
200 Texas Street Chief Executive Officer
Fort Worth, TX 76102-6314 P.O. Box 200971
Facsimile: (817) 392-8654 Arlington, Texas 76006
With copy to Fort Worth City Attorney's Office: Facsimile:
100 Fort Worth Trail (previously 100 Energy Way)
Fort Worth, TX 76102
14. Solicitation of Emulovees. 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
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
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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 its Exhibits.
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
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
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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 Companv 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
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
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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)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: J u l 29, 2024
APPROVAL RECOMMENDED:
Chris-to,f her Hai'def
By:
Christopher Harder (Jul29, 202408:15
CDT)
Name:
Christopher Harder
Title:
Water Director
ATTEST:
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By:
Name:
Jannette Goodall
Title:
City Secretary
VENDOR:
Mecca Management Solutions, LLC
By: marnese Elder (Jul29, 2024 08:12 CDT)
Name: Marnese Barksdale Elder
Title: Chief Executive Officer
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.
Y� Fs: a a -
By: Victor Escobedo (Jul 29, 2024 08:13 CDT)
Name: Victor Escobedo
Title: Human Resources Manager
APPROVED AS TO FORM AND LEGALITY:
By:
%2 uJ�
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A Professional Service Exemption
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
Project Timeline
Mecca Management is dedicated to providing exceptional service and commitment
to our clients, recognizing the distinct nature of each business- We understand that
although businesses may appear similar, they each face unique challenges and
possess distinct advantages. Our superior search services are offered with an
exclusive focus, handling no more than two clients simultaneously to guarantee
prompt, expert service and results.
Recognizing the individuality of each business enables us to pinpoint their specific
needs and the optimal ways to address them. The Engineering - direct Services
Search process demands creativity, intuitive networking, reliable referrals, and
perceptive evaluations, rendering each search distinct. The cornerstone of our
success with clients lies in our capacity to deliver timely and precise services- The
following Project timeline outlines the suggested timeframes:
Crafted Hiring Objective Week 1-2
Brochure/Job Description Development Week 1-2
Consultative{Compen sation Overview Week 2-3
Candidate Development Week 34
Candidate
Week 5-6
Presenta tion/Recom rnerid a ti on s
Candidate Reference Checks Week 5-6
Ca rid idate Negotiation and [Losing Week 6-6
Follow-up week B-10
Vendor Services Agreement Page 12 of 17
City Secretary Contract No.
SCOPE OF WORK
CITY OF FORT WORTH ENGINEERING ROLES
Mecca Management stands as an exceptional part nerforthe City of Fort Worth in recruiting
for engineering roles, thanks to our extensive experience with government clients and our
team's expertise in executive leadership. Our adeptness allows us to swiftly identify
exceptional talent, thereby streamlining the hiring process. The recruitment for the seven
positions will be conducted throu3gh a search that encompasses promi nent assoc btk) ns and
licensing bodies to pinpoint the reduired expertise. We ensure a oonfidential and thoroughly
tailored selection process, which is further detailed in the comprehensive project summary
and deliverar:. es provided.:
Initial Collaborative Session: Our proximity enables prompt face to face meetings with
Mecca rV.ar.sgement's committed team following the Citys kickoff. The preliminary meeting
will focus on creating the candidate profile and devising a recruitment plan. We will
collaborate with the City's executives and key players to establish the specifications, perfect
candidate profile, recruitment materials, and strategic advertisements. Additianaly, we offer
the expertise to evaluate and pinpoint the essential competencies, professional attributes,
leadership qualities, and the level of organizational and operational proficiency necessaryfor
success in the position.
Professional brochure design and production: N'ecca Management will partner with the City of Fort Worth to create a
recruitment brochure which will be advert sea ,n professional journals and on industry webs des. Additionaly, we list positions
in the job postings section of our website and send targeted electronic mailings to a broad network of experienced
professionals.
Targel!Bd Outreach and Sourcing: The Engineering roles will require targeted outreach with referral sources irbcduding
Linkedln. government and professional networks. certifyinWlicensing agencies and member organizations. Mecca
Managementaggresswely posts advertise ments o n professional organ¢ation jab search pages+engines. We also promote the
roles with strategic job broc Kure d istributia n.
Strategic Screening process: Our undue abilities allow us to gather significant understaming of each of the applicant's
potential for success, knowledge, skills arm overall fit for the City.
Candidate Review, Selection and Credentialing process: Mecca Mangement deploys a collaborativL session for selecting
phased interviews including the initial review of qualified candidates, initial interviews and expert advice on comparing
candidates to develop the finalists for oonsideration.
Interview and itnalist selection: Mecca Management will prepare candidate profiles, schedule interviews, prepare
evaluation documents, conauct pre onboarding assessments and assist with negotiations forthe dual ifieu. candidate.
Page 13 of 17
City Secretary Contract No.
JOB DESCRIPTION & CANDIDATE DEVELOPMENT
Mecca Management employs a collaborative approach to meet our clients' needs with clear
and concise goals and objectives. Our network of industry contacts serves as a robust
candidate referral resource and knowledge base- Beyond our extensive resume database,
Mecca Management has formed strategic alliances across the search industry to expedite
and streamline candidate advancement.
Our methodical approach encompasses research, assessment, action, and accountability to
ensure each search aligns with the City's strategy and remains on schedule- We are
committed to working with the City of Fort Worth to establish the objectives, strategy, and
success metrics for the engi nee rin g positions, Listed he low are more detailed deliverables,
JOB DESCRIPTION
Job Description Review and Brochure
Development: Mecca Managernentwill
examine the job descri ptio ns and the
qualifications needed For candidates,
comparing this information with mafket data
to create the ideal brochure. A detailed and
clear recruitment brochure will be craned,
showcasing the necessary credentials,
responsibilities, and minimum requirements
for each ro le- The City of Fo rt worth wi I I
conduct a review, offering comrnen ts,
additions, or deletions to ensure the
brochure accu rately represents the job
responsi bilities and hiring criteria_ On ce
approved, the job description and brochure
will serve as the fou nda tional elemen is of the
search process forthe positions and will be
distributed incandidates for evaluadon of
the opportun ity-
Consultative and Compensation Insight:
Mecca Management will ofFerand supply
pertinent information and data to determine
any need for suitable comparisons For local,
state, and national markets_ Additionally, we
offer asslstarkm with onboarding a rid
orientation, along with adaptation strategles,
taensurea successful outcome For the
search assignment -
Page 14 of 17
CANDIDATE DEVELOPMENT
• Candidate [ _ - . - - - Mecca M, - .will
research, identify, screen and interview potential
candidates to assess their credentials, experience
and fit for the posi tic n-
I n-depth screening interviews will be conducted.
Mecca M ng process will
guarantee the timelinessof the selection process
and assist in i - - :, the suitable candidates
For interviews- iheservices providedindude
personal interviews and the creation of a
-. . - - .. _ written profile that - -- ...... _.
professional and technical qualifications,job-
related interests and readiness, -. . - -... i
expectations, objectives, and an evaluation of the
individuars overall Fit Additionally, we require
writing sam ples, which consist of specific
questions from the City that candida tes must
answer in writing, . - - their thought
process -
Progress Reports_ The City will be updated
according to the,- _. - _ -. scheduleand
timeline, receiving biweekly status reports
detailingthe number of qualified eandidatesand
the resuIts of . . --
City Secretary Contract No.
CANDIDATE PRESENTATION ENTATION ONBOARDING
CANDIDATE PRESENTATION ONBOARDING&CLOSURE
Candidate Presentation_ Candidates meeting
titre City's criteria will besubmitted far
Leadership revievr. Our process ty*ally
yields at least fo ur qua lified candidates
within fo u r to Five weeks from the search's
commencernenL r his efficiency is due to our
nationwide access to vi able ca rididates. Each
candidate profile will include an Executive
Summary detailingthe qualificatiormand
years oFexpefience identified during the
prescreening stage-
- Can didateReference Cfiecks_,ascandidates
advance to the finaliststage, Mecca
Management will verify references, both
academic and prof essionat, Following the
City's guidelines -
Candidate Negotiatlon: Mecca Management will
collaborate with the City of Fort Worth to
evaluate the interview process, scrutinize thejob
offer, enga ge i n negatkatlnns, and aid in fmalizing
th2ern ployrrrent proposaLr- MeccaManagement
will fernain accessible for ongoing support as
needed and will facilitate the Chosen candidate's
requirements For a seamiess tra m itio n.
• Fallow-ttp and Closure: Once the search process
concludes for each position, Mecca M anagement
will carry aut a past -assignment assessment to
confirm the successful i ntegration of the
candidates and the overall search process.
*Background Checks are not included in Vendor's scope. City will facilitate background checks
for any candidates that are extended an offer.
Page 15 of 17
City Secretary Contract No.
Page 16 of 17
City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
Professional Fees and Performance Guarantee
The search fee is $25,000 for each position, if awarded separately_ Mecca Management also offers a fee of $160,000 if
awarded all seven searches. Mecca Management conmits to a performance guarantee: should it be necessary to terminate
and replace any of the appointed candidates within one year, Mecca Management will undertake a replacement search at
no extra consulting cost_
Candidate Travel Reimbursements:
City will reimburse Vendor for approved candidate travel costs. Vendor will not bill for candidate travel
costs, or perform any additional services not specified by this Agreement, unless City requests and
approves in writing the additional costs for such services.
Vendor Services Agreement Page 17 of 17