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CM-2022-163 - 7/8/2022CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES RELATED TO RECRUITING STRATEGIES FOR THE LIBRARY WITH i4X INSTITUTE FOR EXCELLENCE IN PUBLIC SERVICE THE STATE OF TEXAS § THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THIS AGREEMENT for professional consulting services related to recruiting strategies for the City of Round Rock's public library (the "Agreement'), is made by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation with offices located at 221 East Main Street, Round Rock, Texas 78664-5299 (the "City"), and i4X INSTITUTE FOR EXCELLENCE IN PUBLIC SERVICE, located at 777 North Capitol Street NE, Washington D.C., 20002 (the "Consultant"). RECITALS: WHEREAS, professional consulting services related to recruiting strategies for the City's public library (the "Project"), are desired by the City; and WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract with Consultant for these services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder. NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.0 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated as provided herein. B. The term of this Agreement shall commence upon the effective date hereof and terminate upon successful completion of services, estimated to be no later than August 31, 2022. 487 •4465-4117;ss2 C. City and the Consultant reserve the right to review the Agreement at any time, and may elect to terminate the Agreement with or without cause or may elect to continue. 2.0 SCOPE OF SERVICES Consultant has issued its proposal for services, such proposal for services being attached to this Agreement as Exhibit "A," which shall be referred to as the Proposal, which shall be referred to as the Scope of Services of this Agreement. Said attached Exhibit "A" shall be incorporated herein by reference for all purposes. Consultant shall satisfactorily provide all services described herein and as set forth in Exhibit "A." Consultant shall perform services in accordance with this Agreement, in accordance with the appended Proposal and Scope of Services and in accordance with due care and prevailing consulting industry standards for comparable services. 3.0 LIMITATION TO SCOPE OF SERVICES Consultant's undertaking shall be limited to performing services for City and!or advising City concerning those matters on which Consultant has been specifically engaged. Consultant and City agree that the Scope of Services to be performed is set forth in Exhibit "A," attached hereto and incorporated herein by reference, and may only be modified by a written Supplemental Agreement executed by both parties as described in Section 9.0. 4.0 CONTRACT AMOUNT In consideration for the professional consulting services to be performed by Consultant, City agrees to pay Consultant an amount not -to -exceed Seventeen Thousand Four Hundred Sixty and No1100 Dollars ($17,460.00) as set forth in Exhibit "A." 5.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to the City, in accordance with the delineation contained herein, for services rendered. Such invoices for professional services shall track the referenced Scope of Work, and shall detail the services performed, along with documentation for each service performed. Payment to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by the City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by the City relative to service deliverables, Consultant shall comply promptly. In this regard, should the City determine it necessary, Consultant shall make all records and books relating to this Agreement available to the City for inspection and auditing purposes. Payment of Invoices: The City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 8.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and the City or because of amounts which the City has a right to withhold under this Agreement or state law. The City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. 6.0 INSURANCE Consultant shall meet all City of Round Rock Insurance Requirements set forth at: https:'iwww.roundrocktexas. og v'wp-content/uploads'2014.' 12r'corr insurance 07.201 12.pdf 7.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by the City to Consultant will be made within thirty (30) days of the date the performance of the services under this Agreement are completed, or the date the City receives a correct invoice for the services, whichever is later. Consultant may charge interest on an overdue payment at the "rate in effect" on September I of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by the City in the event: (a) There is a bona fide dispute between the City and Consultant, a contractor, subcontractor, or supplier about the service performed that cause the payment to be late; or (b) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the service performed that causes the payment to be late; or (c) The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with federal funds; or (d) The invoice is not mailed to the City in strict accordance with any instruction on the purchase order relating to the payment. 8.0 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of the City's current revenues only. It is understood and agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the services as determined by the City's budget for the fiscal year in question. The City may affect 3 such termination by giving Consultant a written notice of termination at the end of its then - current fiscal year. 9.0 SUPPLEMENTAL AGREEMENT The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or by the City Manager, if the City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and the City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 10.0 TERMINATION; DEFAULT Termination: it is agreed and understood by Consultant that the City or Consultant may terminate this Agreement for the convenience of the City or Consultant, upon thirty (30) days' written notice to Consultant or City, with the understanding that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, ail data, information, and work product related to this Project shall become the property of the City upon termination of this Agreement, and shall be promptly delivered to the City in a reasonably organized form without restriction on future use. Should the City subsequently contract with a new consultant for continuation of service on the Project, Consultant shall cooperate in providing information. Termination of this Agreement shall extinguish all rights, duties, and obligations of the terminating party and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the Party provides the other Party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the Parties). 4 If default results in termination of this Agreement, then the City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to the City, the cost to the City of employing another firm to complete the useable work, and other factors will affect the value to the City of the work performed at the time of default. Neither party shall be entitled to any lost or anticipated profits for work terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating Party and the terminated Party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement. 11.0 NON -SOLICITATION Except as may be otherwise agreed in writing, during the term of this Agreement and for twelve (12) months thereafter, neither the City nor Consultant shall offer employment to or shall employ any person employed then or within the preceding twelve (12) months by the other or any affiliate of the other if such person was involved, directly or indirectly, in the performance of this Agreement. This provision shall not prohibit the hiring of any person who was solicited solely through a newspaper advertisement or other general solicitation. 12.0 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not the City's employee. Consultant's employees or subcontractors are not the City's employees. This Agreement does not create a partnership, employer -employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and the City agree to the following rights consistent with an independent contractor relationship: (1) Consultant has the right to perform services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which it performs its services required by this Agreement. (3) Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and the City shall not hire, supervise, or pay assistants to help Consultant. (5) Neither Consultant nor its employees or subcontractors shall receive training from the City in skills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of the City. 13.0 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by the City for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that the City is subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to the City's business and any other information which reasonably should be understood to be confidential to City is confidential information of City. Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Consultant is confidential information of Consultant. The City's confidential information and Consultant's confidential information is collectively referred to as "Confidential Information." Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party's prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other party's Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Notwithstanding anything to the contrary contained herein, neither party shall be obligated to treat as confidential any information disclosed by the other party (the "Disclosing Party") which: (I) is rightfully known to the recipient prior to its disclosure by the Disclosing Party; (2) is released by the Disclosing Party to any other person or entity (including governmental agencies) without restriction; (3) is independently developed by the recipient without any reliance on Confidential Information; or (4) is or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information N. of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Neither the City nor Consultant will be liable to the other for inadvertent or accidental disclosure of Confidential Information if the disclosure occurs notwithstanding the party's exercise of the same level of protection and care that such party customarily uses in safeguarding its own proprietary and confidential information. Notwithstanding anything to the contrary in this Agreement, the City will own as its sole property all written materials created, developed, gathered, or originally prepared expressly for the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, or other similar information which may have been discovered, created, developed or derived by Consultant either prior to or as a result of its provision of services under this Agreement (other than Deliverables). Consultant shall have the right to retain copies of the Deliverables and other items for its archives. Consultant's working papers and Consultant's Confidential Information (as described herein) shall belong exclusively to the Consultant. "Working papers" shall mean those documents prepared by Consultant during the course of performing the Project including, without limitation, schedules, analyses, transcriptions, memos, designed and developed data visualization dashboards and working notes that serve as the basis for or to substantiate the Project. In addition, Consultant shall retain sole and exclusive ownership of its know-how, concepts, techniques, methodologies, ideas, templates, dashboards, code and tools discovered, created or developed by Consultant during the performance of the Project that are of general application and that are not based on City's Confidential Information hereunder (collectively, "Consultant's Building Blocks"). To the extent any Deliverables incorporate Consultant's Building Blocks, Consultant gives City a non- exclusive, non -transferable, royalty -free right to use such Building Blocks solely in connection with the deliverables. Subject to the confidentiality restrictions mentioned above, Consultant may use the deliverables and the Building Blocks for any purpose. Except to the extent required by law or court order, City will not otherwise use, or sublicense or grant any other party any rights to use, copy or otherwise exploit or create derivative works from Consultant's Building Blocks. 7 City shall have a non-exclusive, non -transferable license to use Consultant's Confidential Information for City's own internal use and only for the purposes for which they are delivered to the extent that they form part of the Deliverables. 14.0 WARRANTIES Consultant represents that all services performed hereunder shall be performed consistent with generally prevailing professional or industrial standards, and shall be performed in a professional and workmanlike manner. Consultant shall re -perform any work not in compliance with this representation. 15.0 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of the City or of this Agreement, then and in that event the City shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re -perform such services to the City's satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the cure period set forth herein, then this Agreement may be terminated for default. In no event will Consultant be liable for any loss, damage, cost or expense attributable to negligence, willful misconduct or misrepresentations by the City, its directors, employees or agents. Neither party's liability, in contract, tort (including negligence) or any other legal or equitable theory, (a) shall exceed the professional fees paid or due to Consultant pursuant to this Agreement or (b) include any indirect, incidental, special, punitive or consequential damages, even if such party has been advised of the possibility of such damages. Such excluded damages include, without limitation, loss of data, loss of profits and loss of savings of revenue. 16.0 INDEMNIFICATION Consultant shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her.. -'itself and his/her/its agents or employees, performed under this Agreement, which are caused by or which result from the negligent error, omission, or negligent act of Consultant or of any person employed by Consultant or under Consultant's direction or control. Consultant shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Consultant, its agents, or employees. 17.0 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may 8 assign any rights or delegate any duties under this Agreement without the other party's prior written approval, which approval shall not be unreasonably withheld. 18.0 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. The City will not do the following: (1) Withhold FICA from Consultant's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf; or (3) Withhold state or federal income tax from any of Consultant's payments. If requested, the City shall provide Consultant with a certificate from the Texas State Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 19.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, or copyrights required in the performance of the services contracted for herein, and same shall belong solely to the City at the expiration of the term of this Agreement. B. In accordance with Chapter 2271, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of a contract. The signatory executing this Agreement on behalf of Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term of this Agreement. 20.0 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 21.0 DESIGNATION OF REPRESENTATIVE The City hereby designates the following representative authorized to act on its behalf with regard to this Agreement: 9 Michelle Cervantes Library Director 216 East Main Street Round Rock, Texas 78664 (512) 218-2001 mcervantesAroundrocktexas.gov 22.0 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) When delivered personally to recipient's address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: i4X Institute for Excellence in Public Service 777 North Capitol Street NE Washington D.C. 20002 Notice to City: City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and Consultant. 23.0 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. I0 24.0 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. The parties expressly agree that, in the event of any conflict between the terms of this Agreement and any other writing, this Agreement shall prevail. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 25.0 DISPUTE RESOLUTION The City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 26.0 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 27.0 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner acceptable to the City and according to generally accepted business practices. 28.0 GRATUITIES AND BRIBES City, may by written notice to Consultant, cancel this Agreement without incurring any liability to Consultant if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Consultant or its agents or representatives to any City Officer, employee or elected representative with respect to the performance of this Agreement. In addition, Consultant may be subject to penalties stated in Title 8 of the Texas Penal Code. 29.0 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure an anticipatory repudiation of this Agreement. 30.0 MISCELLANEOUS PROVISIONS Time is of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each Phase of this Agreement within the agreed Project schedule may constitute a material breach of the Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without a waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Section Numbers. The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Multiple Counterparts. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. The City agrees to provide Consultant with one fully executed original. 12 I IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. City of Round Rock, Texas MIP For City, Attest: B4Me ag�nSjp k City 'lerk For City, Approved as to Form: By: (AL_ � . Stephan L. Sheets, City Attorney 13 i4X Institute for Excellence in Public Service By: _ (, P. 04A, Printed Name: IVCheryl D. Orr Title: Co -Managing Director Date Signed: June 29, 2022 Exhibit "A" April 10, 2022 Ms. Michelle Cervantes Director and Librarian Round Rock Public library Round Rock, Texas Dear Ms. Cervantes: t4' INSTITUTE FOR EXCELLENCE IN PUBI,iC SFRViCF 14x appreciates the opportunity to provide Diversity, Equity and Inclusion services to the City of Round Rock, Texas and specifically to the Library system. I will provide an overview of i4x and an overview of how i4x will address the scope of work as outlined in the Texas Supports libraries Grant Program. We applaud the Library leaderships' effort to diligently take the Library on this journey to Equity and look forward to supporting a piece of that work. Company: National Forum for Black Public Administrators/Institute for Excellence in Public Service/DBA i4x NFBPA is a nonpartisan, 501©(3) organization, founded in 1983, with more than 2,500 members nationwide, who are leaders and managers of public programs and agencies in more than 350 jurisdictions. It is the principal and most progressive organization dedicated to the advancement of black public leadership in local and state governments. A main element of NFBPA's mission and practice, is leadership development through mentoring, coaching and other techniques, such as knowledge transfer. Those skills are key to the provision of effective technical assistance to municipalities. NFBPA's consulting arm, the Institute for Excellence in Public Service (i4x) utilizes highly qualified and seasoned public administration executives — who are retired, between jobs or still working and have the desire and ability to share their experience and subject matter expertise as consultants. 14x brings a diversity, equity, and inclusive lens to the work we perform. We are uniquely positioned to carry out all areas of work using an equity lens. It is especially important to use this lens in the current environment where organizations are coping with the overlapping effects of COVID-19, economic challenges, and calls for racial justice and equality. 14x has been in business for over three years. We have worked with several jurisdiction who have asked i4x to either provide consultation or design and/or deliver training based on their specific needs. Cheryl D. Orr and Byron C. Marshall, both long term public administrators are Co -Managing Directors of i4x. 14x is ready and prepared to provide quality services which are innovative, practical, implementable and results oriented. 14x is a client -focused Center of Excellence, with a team of consultants and coaches who are experienced current and former public sector leaders or academicians. 14x consultants listen, engage, and work closely with customers to develop realistic solutions, while keeping in mind budgetary considerations. Our mission is to deliver transformational, impactful, and custom solutions across the public and non-profit sectors. Exhibit "A" Cheryl D. Orr is Co -Managing Director of i4x and will oversee deliverables on this effort as the Project Lead. She has over 30 years of experience working in local government, to include a university setting and a small business in the field of Human Resources. She has reengineered several local government HR offices to focus on customer service and HR as a value-added service. Ms. Orr focuses on quality, efficiency, and operational effectiveness. Her role with i4x is business development, project management and attracting public administration subject matter experts who have retired from careers in public administration or are in transition. Project Team: Cheryl D. Orr will serve as the Project Lead and be the contact for all matters. She will be responsible for assuring that the project is completed in accordance to the requirements of RRPL, prior to the August deadline. Janice Napper, former, Chief Equity Officer for Aurora, Colorado will serve as a senior consultant. Ms. Napper has extensive experience in establishing a DE&I office and as a recent retiree, will be able to lend her expertise to this project. Jaquina Gilbert will also serve as a senior consultant. She is an expert HR professional, who is an author on HR subjects and has also written about DE&I in the workplace. This team is able to provide the expertise to complete this project in a timely manner with actionable recommendations. Each of the consultants were asked to participate on this project because of their years of experience and knowledge in the field of DE&I/EEO/HR. 14x asked each consultant to consider a particular role in this project based on their knowledge, skills and expertise. They are prepared to work as a team to provide the research and development of viable recommendations. These recommendations will be delivered to RRPL in a comprehensive report. All individual bios are attached for your review and consideration. Attachment 1 Scope of Work: Based on a review of the grant, i4x understands that the City of Round Rock Public Library seeks to hire a DEW consultant to focus on design, recommendations and "execute a fully integrated DE&I learning strategy to build inclusion, allyship and awareness that progresses our diverse workforce and inclusive culture for the future of RRPL". Based on our conversation, this project will specifically target RRPL recruitment and retention policies, procedures and practices. 14x will provide strategies to reach target audiences, promote RRPL to candidates and organize recruiting activities, in conjunction with reviewing the City of Round Rock's civil service recruitment process. We will also provide recommendations on developing and maintaining an inclusive workplace at the Library. We believe that recruitment and retention go hand in hand. 14x will also include a review and inclusion of data in our work. Exhibit "A" Process for Accomplishing Project: Review and understand all recruitment and • Interviews with Library and HR staff hiring policies and practices from HR and the • City Literature review (policies and Library procedures) • Focus groups with library staff on hiring practices Review onboarding processes at the Library • Interview Library staff in charge of onboarding Review demographic data for Round Rock, City • Data collection and review and Library information Benchmark best practices for recruitment from • Collect information on DE&I literature recruitment best practices Develop recommendations for equitable hiring • Based on literature review and practices consultant experiences. Provide written recommendations on • Review of literature and developing an inclusive Library culture for • Interview of library staff. retention. Employees need to feel that the • Make a case for an inclusive culture Library culture is inclusive and that they through literature review and `belong" there. knowledge. Develop comprehensive report on enhanced • Report will be developed by the i4x (DE&I) recruitment practices for delivery to Team Library Leadership (will include • Delivery of report to Library leadership recommendations on retention strategies) in person and highlights through a PowerPoint presentation (Library leadership recommendations will be incorporated into a final report) Training • 14x will provide up to two training sessions to select staff on its recommendations. Determined by Library leadership. Timeline • 14x will develop a comprehensive timeline with the Library leadership within one week of the approval of this work. Cost • $17,460 (Let me know if further details are required) Periodic updates to the Library • 14x will provide biweekly updates to the Library on status of project All written material will be provided to Ax in a timely manner, which will allow us to meet the Exhibit "A" timeline and facilitate the timely completion of the report and project. E I Wx looks forward to working with Round Rock Library and Human Resources to compete this project. This review is a value-added element for implementing DE&I strategies so that our workplaces continue to be inclusive. Respectfully Submitted, Cheryl D. Orr Co -Managing Director Institute for Excellence in Public Service/i4x Proposal Accepted By: Michelle Cervantes, Director, Library, Round Rock, TX Date Attachments Exhibit "A" me Cheryl D. Orr, MSW, IPMA-SCP Cheryl D. Orr retired from Dallas Area Rapid Transit (DART), as the Vice President of Human Capital where she was responsible for the Human Resources' functions. She has spent over 25 years working in the field of Human Resources as an Assistant Director and Director. She has worked for a small business as their HR Director, in a University setting as their HR Director and held several HR executive positions in local governments in Virginia. After relocating to Dallas from Northern Virginia, she was hired by the City of Dallas to establish their Ethics and Diversity program under the auspices of the City Manager. In all her HR positions, Ms. Orr has always assumed an EEO/Diversity role. She loves the field of Human Resources and has taught personnel practices at the university level, as well as reengineered several Human Resources offices which required a "facelift". In 2019, Ms. Orr, established a Human Resources consulting business. Insight Human Resources Partners (IHRP) is available to assist small and medium sized businesses and organizations with any HR issue they might encounter. Ms. Orr is also one of two Managing Partners for Institute for Excellence in Public Service (i4x). This institute is the consulting arm of the National Forum for Black Public Administrators, an association for the advancement of African Americans in Public Administration, Ms. Orr is a prolific trainer and consultant on a variety of workplace subjects. Ms. Orr has served as an EEO officer though her career. She has developed and delivered a host of sexual harassment training for a wide variety of audiences. She has been a constant trainer throughout her career on EEO, now Diversity and Inclusion topics in the workplace. During her tenure in the City of Alexandria, Ms. Orr developed an EEO plan for the City and included EEO principles in their Performance Management System. During her tenure at the City of Dallas, TX, she designed and stood up the City's Diversity program. She wrote the Diversity statement and empaneled a representative Diversity Roundtable (40 employees) to determine the D & I direction for the City. She has supported the EEO and Diversity principles in Performance Management activities, oversaw the development of Employee Resource Groups throughout her career and developed or rewrote EEO policies. Companies Dynamic Technology Systems, Inc. City of Alexandria, VA City of Norfolk, VA Prince William County, VA Norfolk State University City of Dallas, TX Fairfax County, VA Dallas Area Rapid Transit (DART) Certifications: IPMA-SCP (international Personnel Management Association HR Certification) Georgetown University, Certificate of Organizational Development Education Rutgers University, BA Elementary Education/Psychology (double major) Rutgers University, MSW, Graduate School of Social Work SMU, Doctoral Candidate School of Education and Human Development, Doctorate of Liberal Studies Exhibit "A" Janice Napper Bio Ms. Napper has served in local government and the public sector in budget, finance and city management in Texas, Connecticut and Aurora, Colorado for more than 35 years. She pioneered as the first African American female in several management and director positions in her public administration career, including DFW International Airport Board Budget and Management Director, Dallas Area Rapid Transit Operations Budget Manager, University of Connecticut School of Social Work Grants Administrator. She has served the City of Aurora for 22 years as City Clerk, Assistant City Manager and as Diversity, Equity and Inclusion Officer when she retired in 2022. Ms. Napper has a Master's in Public Administration and BA in Sociology. Born in Hartford, Connecticut, the oldest of five children, Janice remembers her family's humble beginnings by mentoring and assisting young people to be the best they can be. She has served as the Aurora Gateway Rotary Youth Leadership Program chair, Teen Sponsor/Mentor for Jack and Jill of America Denver Chapter, Rangeview High School Accountability Board member, Delta Sigma Theta Scholarship Committee Co -Chair, and mentor to several undergraduate and graduate college students. She volunteers as a Life Champion at the Colorado Community Church More Life Center, providing clients with counseling and connections to community resources in Aurora. She is the President of the National Forum for Black Public Administrators Rocky Mountain Chapter. Janice is the proud mother of Lisa Napper, a Howard University graduate. Exhibit "A" Bio — Jaquina Gilbert Jaquina Gilbert has over 20 years of Human Resources experience in multiple disciplines and holds SHRM and PHR certifications. As an Employee Success Champion and Culture Transformation Strategist, Jaquina has served as a catalyst for improving organizational behavior within companies. Her HR leadership experience has been in the public and private sectors, serving organizations like the City of Dallas, Dallas Independent School District, Central Freight Lines, Dawson State Jail (state prison), and Noraye (IT firm), among others. In her consultative career, she has advised CEOs, entrepreneurs, educators, boards, committees, and leaders from all over the globe on how to build collaborative teams, transform organizations, address DE&I challenges, unlock creative potential and increase productivity. Jaquina has authored several books, including a published and award -winning HR-related textbook. Her most recent work is a textbook related to Diversity in the Workplace. Additionally, Jaquina has developed professional certification test material and written HR-related articles, manuals, and training content for other professionals in various industries. Jaquina received a BBA in Human Resources Management and Organizational Behavior from the University of North Texas in Denton and an MS in Human Resources Training and Development from Amberton University. ROUND ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a Professional Consulting Services Agreement with 14x Institute for Excellence in Public Service for services related to recruiting strategies for the library. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 7/15/2022 Dept Director: Michelle Cervantes Cost: $17,460.00 Indexes: General Fund Attachments: i4x CMAF Institute for Excellence 7.12.22, i4x Invoice 7.12,22, i4x Detailed Letter 7.12.22 Department: Library Text of Legislative File CM-2022-163 14x will provide strategies to reach target audiences, promote RRPL to candidates and organize recruiting activities, in conjunction with reviewing the City of Round Rock's civil service recruiting process. They will also provide recommendation on developing and maintaining an inclusive workplace with reviews and data in their work. Cost: $17,460.00 Source of Funds: Genera! Fund City of Round Rock Page 1 of 1