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HomeMy WebLinkAboutContract 48886,� R�C�IVED I�AR 21 '1011 �('fY OF FORTWOR'CH CI�Y SECR�1'aR�G' � City Secretary Contract No. oRT aRTx��� PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City" or "Client"), a home- rule municipal corporation situated in portions of Tarrant, Denton, Johnson and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager, and BRIO SERVICES, LLC, DBA BRIO CONSULTING, LLC ("Consultant"), a Texas Limited Liability Company , and acting by and through Mark G. Wehmeyer its duly authorized President. City and Consultant are each individually referred to herein as a"pai-ry" and collectively referred to as the "parties." The term "Consultant" shall include the Consultant, its officers, agents, employees, representatives, contractors or subcontractors. The term "City" shall include its officers, employees, agents, and representatives. 1. Scope of Services. Consultant hereby agrees, with good faith and due diligence, to provide the City with professional consulting services for the fort worth water department management structure analysis. Specifically, Consultant will perform all duties outlined and described in the Statement of Work, which is attached hereto as Exhibit "A" and incorporated herein for all purposes, and further referred to herein as the "Services." Consultant shall perform the Services in accordance with standards in the industiy for the same or similar services. In addition, Consultant shall perform the Services in accordance with all applicable federal, state, and local laws, rules, and regulations. If there is any conflict between this Agreement and Exhibit A, the terms and conditions of this Agreement shall control. 2. Term. This Agreement shall commence upon March 20, 2017 ("Effective Date") and shall expire no later than June 20, 2017 ("Expiration Date"), unless terminated earlier in accordance with the provisions of this Agreement or otherwise extended by the parties. This Agreement may be renewed at the City's option. 3. Compensation. The City shall pay Consultant an amount not to exceed $99,848.00 in accordance with the provisions of this Agreement. Consultant shall Nnot -���rm_an� _additional services for the BRIO SERVICES, LLC, DBA BRIO CONSULTING, LLC Professional Services Agreement — General Page 1 of 10 �iFFIC1At� ItEC�R��� I C�TX S�CR�7AR� �� �. iV���� � � Rev. 1/20 U City Secretary Contract No. City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. City agrees to pay all invoices of Consultant within thirty (30) days of receipt of such invoice. Consultant may charge interest on late payments not to exceed one percent (1%). 4. Termination. 4.1. Convenience. Either the City or Consultant 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 Breach. If either party commits a material breach of this Agreement, the non-breaching Party must give written notice to the breaching parly that describes the breach in reasonable detail. The breaching party must cure the breach ten (10) calendar days after receipt of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non-breaching party may, in its sole discretion, and without prejudice to any other right under this Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. 4.3 Fiscal Fundin� In the event no funds ar insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, the City will notify Consultant 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 the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.4 Duties and Obli�ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. In the event Consultant has received access to City information or data as a requirement to perform services hereunder, Consultant shall return all City provided data to the City in a machine readable format or other format deemed acceptable to the City and certify that all City data has been removed from Consuitant's computers and other electronic devices. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. BRIO SERVICES, LLC, DBA BRIO CONSULTING, LLC Professional Services Agreement — General Page 2 of 10 Rev. 1/2017 City Secretary Contract No. 5.2 Confidential Information. The City acknowledges that Consultant may use products, materials, or methodologies proprietary to Consultant. The City agrees that Consultant's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials, or methodologies unless the parties have executed a separate written agreement with respect thereto. Consultant, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of the City. 53 Unauthorized Access. Consultant shall store and maintain City Information in a secure manner and shall not ailow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised, in which event, Consultant shall, in good faith, use all commerciaily reasonable efforts to cooperate with the Ciiy in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disciosure. 6. Right to Audit. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant not less than 10 days written notice of any intended audits. 7. Independent Contractor. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the detaiis of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. . It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Consultant or any BRIO SERVICES, LLC, DBA BRIO CONSULTING, LLC Professional Services Agreement — General Page 3 of 10 Rev. 1/2017 City Secretary Contract No. officers, agents, servants, employees or subcontractors of Consultant. Neither Consultant, nor any officers, agents, servants, employees or subcontractors of Consultant shall be entitled to any employment benefits from the City. Consultant shali be responsible and liable for any and all payment and reporting of taxes on behalf of itseif, and any of its officers, agents, servants, empioyees or subcontractors. 8. Liability and Indemnification. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR 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 CONSULTANT, ITS OFFICERS, AGENTS, SERYANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERYANTS OR EMPLOYEES. 9. Assignment and Subcontractin�. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which tlie subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 10. Insurance. 10.1 The Consultant shall carry the following insurance coverage with a company that is licensed to do business in Texas or otherwise approved by the City: Bxio sExvicEs, LLc, Dsa BRIO CONSULTING, LLC Professional Services Agreement — General Page 4 of 10 Rev. I/2017 City Secretary Contract No. 1. Commercial General Liability with a combined limit of not less than $1,000,000 per occurrence. 2. Automobile Liability Insurance with a combined limit of not less that $1,000,000 per occurrence. 3. Professional Liability (Errors & Omissions) in the amount of $1,000,000 per claim and $1,000,000 aggregate limit. 4. Statutory Workers' Compensation and Employers' Liability Insurance requirements per the amount required by statute. 5. Any other insurance as required by City. 1.2 General Insurance Requirements: 1. All applicable policies shall name the 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. 2. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. 3. A minimum of Thirty (30) days notice of canceliation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 4. 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. 5. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 6. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules and Re�ulations. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consuitant shall immediately desist from and correct the violation. 12. Non-Discrimination Covenant. BRIO SERVICES, LLC, DBA BRIO CONSULTING, LLC Professional Services Agreement — General Page 5 of 10 Rev. 1/2017 City Secretary Contract No. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall 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 Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the 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 ar representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other parly by United States Mail, registered, return receipt requested, addressed as follows: . TO THE CITY: City of Fort Worth Attn: Kara Shuror 200 Texas Street Fort Worth TX 76102 Facsimile: (817) 392-8195 TO CONSULTANT: Brio Consulting, LLC Attn: Mark G. Wehmeyer 11152 Westheimer Road #685 Houston, Texas 77042 Facsimile: (713) 975-8219 14. Solicitation of Employees. With Copy to the City Attorney at same address Neither the City nor Consultant 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. This provision shall not apply to an employee who responds to a general solicitation or advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, the City does not waive BRIO SERVICES, LLC, DBA BRIO CONSULTING, LLC Professional Services Agreement — General Page 6 of 10 Rev. I/2017 City Secretary Contract No. or surrender any of its governmental powers. 16. No Waiver. The failure of the City or Consultant 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 the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 1'7. Governing Law and 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 on the basis of 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 Maieure. The City and Consultant 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 (force majeure), 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 Controllin�. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resoived against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. Amendments. BRIO SERVICES, LLC, DBA BRIO CONSULTING, LLC Professional Services Agreement — General Page 7 of 10 [[Z�i*�IL►�17117 City Secretary Contract No. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument, and duly executed by an authorized representative of each party. 23. Entiretv of Agreement. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared nuil and void to the extent in conflict with any provision of this Agreement. 24. Si�nature Authority. The person signing this Agreement, and any amendment hereto, 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. Each party is fuliy entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 25. Counterparts. This Agreement may be executed in 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. An executed Agreement, modification, amendment, or separate signature page shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects the signing of the document by any party. Duplicates are valid and binding even if an original paper document bearing each party's original signature is not delivered. 26. Third Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of the City and Consultant, and their lawful successors or assigns, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 27. Survival. Section 4.4 (Duties and Obligations of Parites), Section 5(Confidentiality), Section 6 (Right to Audit), and Section 8(Liability and Indemnification) shall survive termination of this Agreement. Executed in multiples this the day of , 20 BRIO SERVICES, LLC, DBA BRIO CONSULTING, LLC Professional Services Agreement — General Page 8 of 10 Rev. 1 /2017 AGREED: CITY OF FORT WORTH: � L%� By: Jesus J. Chapa Assistant City Manager Date: �'��', 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. JC�.4-� ,-E � `' c.�l �v Name of Employee c� ,; t`':�; Title ATTEST: By: /, Ma Kayser � City Secretary APPROVED AS TO FORM AND LEGALITY: By: �,. t � U�; iZ�`i�� 4�(�;�,�,�, ' Christa R. opez-Reynol Senior Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Date Approved: Form 1295 Certification No. _2017-177803 BRIO SERVICES, LLC, DBA BRIO CONSULTING, LLC Professional Services Agreement — General Page 1 of 10 City Secretary Contract No. AGREED: BRIO CONSULTING LLC�.' ,; 7-��-' �i � �/ By: .�,�%� � � Mark . Wehmeyer President Date: � � �ai ATTEST: � , �' �`1/�� By: ;; ( � �--_ `������AI. RECORD �ITY SRC�t�'ARY �'T• WORTH� TX Rev. 1 /2017 City Secretary Contract No. EXHIBIT A STATEMENT OF WORK BRIO SERVICES, LLC, DBa BRIO CONSULTING, LLC Professional Services Agreement — General Page 2 of 10 Rev. 1/201'7 Work Scope for Fort Worth Water Department Management Structure Analysis Introduction This management structure analysis is a proactive improvement initiative. The Water Department has routinely proved that it is efficiently and effectively managed. The Department is essentially always in compliance with water and wastewater treatment regulations. Field crews manage work and report their performance as well as any similar organization. Finance, Engineering and Field Services continue to meet the requirements of a fast-growing community with timely customer centric services while maintaining competitive water rates and other charges. The work described herein is an aftempt to continue the first-class services provided by the Water Department amid the challenges of a growing population, ever increasing customer expectations, aging infrastructure and continued challenges to contain rates. This assessment will take a present and future case view of the Water Department's organizational structure as they relate to current and future business requirements. From a present situation perspective, the objective of the assessment is to evaluate the organizational structure against the current work requirements of the Department. The assessment will evaluate questions such as; • Are there duplicated work categories across Divisions, and if so is it appropriate? If not how should they be consolidated? • Are there categories of work that are not sufficiently addressed, or missing altogether? • Is the current organizational structure appropriate with respect to supporting the business success criteria of individual Sections, Division and the Water Department as a whole? These questions will then be addressed from the future perspective by considering those business drivers that can be reasonably predicted. Finally, the Department's organizational structure will be benchmarked against similar organizations. Method A summary project flow diagram is shown on the following page. Management level positions evaluated during the assessment are limited to Assistant Director positions and their direct reports. Note that in the figure and throughout this scope "Section" refers to an organizational sub-unit managed by an individual that reports directly to an Assistant Director. Work Scope - Fort Worth Water Department Management Structure Analysis Methods .e • Review existing performance material • One on one interviews with Director and ADs • Review business functions model with outside consultants • Review with Dept. Mana�ement • Compile budget, staffing and performance objectives • Define Division and Section success criterial • Consider span of control, complexity, budget, risk, education, interdepartmental impacts etc. • Prepare and review benchmark survey Prepare evaluation criteria for City department comparison 1. Define Business Functions of Each Division • Business functions model (Matrix) by Division • Specific responsibilities by Section �-_-- - -�— • Updated business functions 2. Refine Business Functions model identifying core, Model overlapping and missing business functions � J• Success criteria for each 3. Establish Success Criteria � Division and Section for Assistant Director and . Recommendations for Direct Reports and Near amended Division and Term Organizational Section roles, responsibilities Recommendations and structure , . _ � — — _ _ =- --__�- � - -T- - . . - - �-- - - --_---- -- =-�-_- I - -� -- -- - 4. Create Future • Current and future phased Organizational Structure organizational Options recommendations 5. Benchmark Against Similar Organizations and Five Largest City Departments • Benchmark survey summary Figure 1. Fort Worth Management Assessment Project Flow 2 Work Scope - Fort Worth Water Department Management Structure Analysis This work is not intended to be an exhaustive HR style classification and compensation management study. Rather it is intended to be a practical analysis of the positions and their responsibilities relative to what is needed to meet business requirements. The analysis will consider whether the Department is appropriately organized now to deliver its required services and what future structures might be considered to serve the growing city and surrounding communities. The outcome will be a memo style document, in draft form. Scope 1. Define Business Functions of Each Division: Review existing material associated with Division responsibilities and performance metrics. Compile organization charts for each Division. Interview each Assistant Director and the Director regarding the current organizational structure and Section responsibilities. Complete a Business Functions Model showing specific measurable functions for each Section in each Division. Review the model with Department management, and correct or amend as necessary. Deliverable: Business Functions Model for each Division showing roles and responsibilities of each section. 2. Refine Business Functions Model: Review the Business Functions Model created in Task 1 with representatives from outside agencies, that know and understand the Department and City Leadership (which may include the Assistant City Manager, Performance Manager and Human Resources Director). Refine the model to include any elements of work that they may perceive to be either missing or not sufficiently addressed. Revise the model to depict this and review findings with Department management, and correct or amend as necessary. Deliverable: Updated Business Functions Model showing functions that may be duplicated by Divisions or not adequately addressed. 3. Establish Success Criteria for Assistant Director and Direct Report Positions and Near Term Organizational Recommendations: Develop a set of success criteria for each Assistant Director and for their direct reports. Base these on existing job descriptions and on the criteria defined in the Business Functions Model. Suggest revisions to the current roles and responsibilities of the Divisions and Sections with respect to situations where work may be either duplicated between different portions of the organization or not conducted sufficiently. Consideration shall be given to situations where the Business Functions Model and the success criteria for Assistant Director and the positions which report to the Assistant Directors seem overly burdensome, too complex, not appropriate for the staff in place or other criteria. Review these findings with Department management, and correct or amend as necessary. Deliverable: Presentation of success criteria for each Division and Section. Recommendations for near term amended Division and Section roles and responsibilities. 4. Create Future Organizational Structure Options: The Fort Worth metro area is one of the fastest growing communities in the nation. Despite the city's growth the Water Department's structure has Work Scope - Fort Worth Water Department Management Structure Analysis remained relatively unchanged for many years. This task will create options for future organizational structures. Conduct meetings as necessary with Department staff to define logical future business drivers and attributes of its leaders. Based on these, develop future organizational structure options. Review these options with Department management, and correct or amend as necessary. 5. Task 5 will be completed in paraliel with Tasks 1 through 4. However, due to the typically long lead time to complete benchmark surveys it is unlikely that Task 5 will be complete before the Department's requirement for input to the 2018 budget. Consequently, this task will be completed in interim form in time for budget considerations and subsequently updated to reflect findings from Task 5, should that be necessary. Deliverable: One or more alternative overall organizational structures for the Department will be developed. Key attributes for positions of leadership and Division responsibilities within the organization will be described. 6. Benchmark Against Other Similar Utilities and Five Largest City Departments: Following is a brief description of the activities to be performed to complete an organizational benchmarking analysis against other organizations: a. Research AWWA and WEF benchmark data for similar information b. Develop a list of similar utilities against which to benchmark. Review the potential list with Department management and revise as necessary. c. Contact each prospective respondent to determine willingness to respond. d. Prepare benchmark survey and submit to 8 to 12 prospective respondents e. Analyze and summarize responses in a document to the Department and review results with the Department. f. Revise Task 4 recommendations as described above. In addition to benchmarking against other water/wastewater agencies, the structure of the five largest City departments will be reviewed. A set of criteria will be developed for the review which may include budget by Department and Division, various measures of span of control, risk criteria, educational requirements and others. It is assumed that these five City departments will not be contacted directly and that the evaluation criteria are among public records that are readily available. Deliverable: Summary of organizational benchmark information received from similar water/wastewater utilities and compared to the five largest City departments. Update to the recommendations of Task 4 if applicable. 4 Work Scope - Fort Worth Water Department Management Structure Analysis n ; ,, Fee Brio will provide the services described above for the firm fixed fees shown below. Invoices will be submitted periodically based on work complete. � �� � � !n>�,;��,; ,��;•, �:; ,.. 1. Define Business Functions of Each Division $22,400 2. Refine Business Functions Model $14,112 3. Establish Success Criteria for Assistant Director and Direct Report Positions and Near $16,912 Term Organizational Recommendations 4. Create Future Organizational Structure Options $17,472 5. Benchmark Against Other Similar Utilities $28,952 Total $99,848 Table 2 Proposed Fee Fort Worth Water Department Management Structure Analysis It is anticipated that Tasks 1 through 4 will be complete by mid-June. Task 5 will start at notice to proceed and run concurrently with Tasks 1 through 4. However, the calendar time to receive information from agencies responding to benchmark studies can be highly variable. Brio will complete Task 5 as quickly as possible, however a firm completion date cannot be guaranteed. 5 Work Scope - Fort Worth Water Department Management Structure Analysis CERTIFICATE OF INTERESTED PARTIES FORM 1295 iori Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2017-177803 Brio Consulting, LLC Houston, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/13/2017 being filed. City of Fort Worth Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Pending Fort Worth Water Department Management Structure Analysis 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Lerner, Nancy Houston, TX United States X Wehmeyer, Mark Lake Mary, FL United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT • ````\���\����S� /�/'' I swear, or affirm, under penalty of perjury, th the abov� disclosure is true and correct. :�q�''' • . �' J'p,�,'�� � � _*: NOTARY e*_ � j` — PUBLIC = e � : � � cJ�'• � Q-� Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEA� �`P"�11����\`` Swom to and subscribed before me, by the said ✓n�� W e v lm `��V� , this the �L� day of /�Q ��+' /, 20 ��, to certify which, witness my hand and seal of office. �� ��� �i'�� �� � � ������ - - � � �� � � _ s�,c�a ��cn-1 d�o,�C.V-� Signature of officer administering oath Printed name of officer administering oath Title of officer adminis ' oath rorms proviaea tiy iexas ttnics c;ommission www.etnics.state.oc.us version v1.u.z��