HomeMy WebLinkAboutContract 56278 City Secretary ContractNo. 56278
FOR WORTH,
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through its duly authorized Assistant City Manager, and THE RETAIL COACH, LLC ("Vendor"), a
Mississippi limited liability company, acting by and through its duly authorized representative, each
individually referred to as a "party" and collectively referred to as the "parties."
1. Scope of Services.Consultant agrees,with good faith and due diligence,to develop a retail
recruitment strategy for the City of Fort Worth("Services"), which is set forth in more detail in Exhibit
"A," attached hereto and incorporated herein for all purposes..
2. Term. This Agreement begins on September 1, 2021 ("Effective Date") and expires on
August 31, 2022 ("Expiration Date"), unless terminated earlier in accordance with this Agreement
("Term").
3. Compensation. Citywill pay Vendor in accordance with the provisions ofthis Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed Thirty-Nine Thousand Dollars and No Cents
($39,000.00).Vendor will not perform any additional services or bill for expenses incurred for City not
specified by this Agreement unless City requests and approves in writing the additional costs for such
services. City will not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at anytime and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement 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.
(a) 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 acc ordanc e w ith this Agreement up to the effective date oftermination.
Vendor Services Agreement OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
(b) Upon termination of this Agreement for any reason, Vendor will provide
City with copies of all completed orpartially completed documents preparedunder
this Agreement.
(c) In the event Vendor has received access to City Information or data as a
requirement to perform services hereunder,Vendor will return all City provided
data to City in a machine-readable format or other format deemed acceptable to
City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the law s 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. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed underthis Agreement, and
Vendor Services Agreement Page 2 of22
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.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHERREAL ORASSERTED, FOR
EITHER PROPERTYDAMAGEOR LOSS(INCL UDINGALLEGEDDAMAGE 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
Vendor Services Agreement Page 3 of22
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.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment,the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consentto 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 ofthe following types and minimum coverage limits that areto be in effect priorto 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.
Vendor Services Agreement Page 4 of22
(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
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made, and maintained for the duration of the contractual
agreement and for two(2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents,and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium.Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
Vendor Services Agreement Page 5 of22
(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.
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 The Retail Coach LLC
Attn: Assistant City Manager Attn: Aaron Farmer
200 Texas Street President
Fort Worth, TX 76102-6314 Austin, TX 78709
Facsimile: (817) 392-8654 Facsimile: 662.844.2738
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally fora 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.
Vendor Services Agreement Page 6 of22
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 he 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, itlegal or
unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Majeure. 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
ofthe United States or of any States;civil disturbances;other national orregional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance,as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments/Modifications/Fxtensions. 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
Vendor Services Agreement Page 7 of22
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 Nationality Act. Vendormust 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,Cily
will be the sole and exclusive owner of all copyright, patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Worm 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 Worm
Product, or any partthereof,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 Authority. 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 Company 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 Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter
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 notboycottIsraelduring the term ofthe contract. The terms"boycottIsraef'
Vendor Services Agreement Page 8 of22
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. Flectronic 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.
31. Fntirety 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 herei. Any
prior or contemporaneous oralorwritten agreementis hereby declared null and void tothe extent in conflict
with any provision of this Agreement.
(signature page follows)
Vendor Services Agreement Page 9 of22
City Secretary ContractNo.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and adminis tration of
Jtsus J.Chapa(Sep ,202115:32 CDT) this contract,includingensuringallperformance and
Name: Jay Chapa reporting requirements.
Title: Deputy City Manager
Date: Sep 7, 2021 20 7e � (26&;Z-e-
Name: Martha Collins
APPROVAL RECOMMENDED: Title: Revitalization Coordinator
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Robert Sturns
Title: Director, Economic Development
Name: Tyler F. Wallach
ATTEST: Title: Assistant City Attorney
p44�FORTnIla CONTRACT AUTHORIZATION:
poFo,0o000,o
By: p-o os� Form 1295:NA
Name: Ronald P. Gonzalez P�,�o, o dam°
Title: Interim City Secretary Pa°44 aEn 4sapp
VENDOR:
THE RETAIL COACH, LLC
a Mississippi limited liability company
OIL-0 Z-L--
By: Aaron Farmer(Sep 4,202109:41 CDT)
Name: Aaron Farmer
Title: President
Sep 4, 2021
Date: 20
Vendor Services Agreement OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBIT A
SCOPE OF SERVICES
PHASE 1
Analyzing
The 1a rkt
Area Market Analos
A market arTal.yai will be perfor ned to ever uate Four revtatnatian arena adected by Fart 4 Ddh Staff.
Market specific information will be gatiTered to aid in identifying Retail.Trade Area boundaries,potential,
ouataener ,rete.il aampat ion and retail apporturidjes bnaed an retiilera'speciRa site 29hl ction criteria
arrd 3pecing requirements.
FoRTWORTH, Economic Development
Revitalization; Zones
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q.-4-1eIIIwIvmXuVi��� iw.iKt .wMfT—Am ..n.iriiwrwndnp�MrWSWRN +mH++Y
ielrhie loryon oranpey tmrdu ilea The Qy ie Foil Wow on4rrws r 3 rerporNWIF rw1ha swumey oI 5dd MR
*The Revitalization Zones map depicted above is subject to change by the City. Vendor is responsible for
ensuring that it has an updated map when performing the Services.
Professional Services Agreement Page 11 of 22
PHASE 7
Analyzing
The Market
Custom Retail Trade Areas
The Retail Trade Area(RTA)is the foundation of retail recruitment strategy,and its accuracy is critical.The Retail
Trade Area is thegeographical area from which a community's retailers derive a majorityof their business.Drivetimes
and radial analysis are rot the best wayto depict an accurate Retail Trade Area.To best confirm each revitalization
area's Retail Trade Area.we will execute thefoIlowing strategic steps:
Mobile Data for Location Decisions
The Retail Coach will utilize mobile location technology that analyzes location and behavioral data collected
from mo b i le devices to determine consumer visits to businesses located in each revitalization area.This high-
confidence data is used to verify Retail Trade Areas and validate retail site selection decisions. Cell Phone
Analysis Reports will be run on up to five locations in each revitalization area.
RetalI Trade Area Mapping
The Retail Coach will delineate a boundary map of the Retail Trade Areas using mobile data collected.
AL
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AE
r .
4 /f
Demographic Profiling
Acommunity must be able to instantaneously provide information and data sets sought by retailers during the
site selection and site evaluation process.The data must be accurate,current,and readily available.
The Retail Coach will create comprehensive 2010 Census, 2021,and 2026 demographic profi les for each Retail
Trade Area.The profile includes population and projected population growth, race,ethnic ities,average and
median household incomes,median age, households and household growth,and educational attainment.
l
Professional Services Agreement Page 12 of 22
PHASE 7
Analyzing
The Market
For each revitali2ation area,we will determine and complete the thefoIbwing reports:
Daytime Population
Theworkptace population,or daytime Tabor market area, is important to quick-serve and casual dining restaurants that
rely heavily on lunch business.
The Retail Coach will provide an empbyment summary report for each detailing the total number of establishments,
by industry, and employee counts within the designated labor market are. This report will provide insight into
the`work here" population versus the"live here"population.
Psychographic Profiling
As retail site selection has evolved froman art to a science, psychographic lifestyle segmentation has become an
essential element of retailers'preferred location criteria. Understanding a consumer's propensity to purchase certain
retail goods and services—as well as specific retail brands—is valuable to national, regional,and independent retailers.
Based on the market segmentation system developed by EBR I,The Retail Coach will develop a Tapestry
Segmentation profile of the households in the Retail Trade Area.This s done by using the most advanced
socioeconomic and demographic data to measureconsumerattitudes,values,lifestyles,and purchasing behaviors to
understand thecategories and brands of retailers that may be of interest.
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Professional Services Agreement Page 13 of 22
PkASE 2
Determining
Retail Opportunities
Retail Demand Outlook Analysis
A Retail E*martdf}utlook Analysiv(RDOA)will determine the level cf nAsil demand For each oeEignated Retail Trade
Area The anaiysis oomput8a the retail potential of eEkch Retail Trade Area for mora than 70 retail rafeganaa and 3ub-
categnriae_Thin analxzis win dizbnguiEh retail categmi�e with the#righadt proapec-t for F.uceaa:and quantity th-Bir
retail potential.Th&»a0A will help iir identifying both new retail opportunities in each revitalization area and
alas in identifying sxistnig business expansion npportvnitiea.
Retaiter Void Analysis
A Retailer Void Analyzi❑vAM idantiiy what retailers are missing from each revitvlizatiDn zone and the distance to their
ckxaeet tacatioMEI-
outheast Fort Worth Grocery Analysis
A Grocary Ar3hj=and Demand abxfy will¢omplated on Souffiewt Fart Worth to icPenttfy the true grocery demand
in the area arwJ pno ect&d growth in the comi no years_Thie3 armlyaia will be uaaio to batter poaffion unutheszt Fort
Worth wKb potential gfcoary staran uEera_
'Fii,r years I researulhed krrrm ID help me with retail
aboLrt Om'servio-after the sal�e.'This was impoAwt-You
run dau and po together fancy reports-
�5 us6ess unless someone
'om3ches'you on the besL way
to Utilize�L When you hire
The Relail Ccaoh you are
not just buying cLata,you
you wrth 5tour retail
development needs-
I highly recornFmL-nd them to
any rommurtityseekimg to
effectivefy recruit retail-'
f_ Dreclzw
Previou*!Bastirop,Texas
*Southeast Fort Worth boundaries are defined as I35W,I20,Fort Worth-Arlington city line, and I30
Professional Services Agreement Page 14 of 22
PHASE 3
Identifying Development
& Redevelopment Opportunities
l
CM-
Identifying &Marketing Vacancies &Development/Redevelopment Sites
Retailers are interested not only in the market data on your community,but also in evaluating all available sites that fit
their site selection and location preferences.A community must create and maintain a database of prime available
properties along with accurate and current marketing information.
The Retail Coach will identify upto 5 priority retail vacancies and developmentfredevelopment sitesto market in each
revitalization area. Factors influencing site selection for priority sites will include:
Existing market conditions
Retail Trade Area population
Traffic counts and traffic patterns
Site-line visibility from primary&secondary traffic arteries
Ingressfegress&adequate parking
Site characteristics,Topography&Proximity to retail clusters
Retail Site Profiles
The Retail Coach will create a retail site profile for primary availabilities with current site-specific information, including:
Property s¢e, dimensions, and location
Aerial photographs
Site plan
Demographic profile
Traffic count
Appropriate contact information
The Retail Coach will reach out to property owners, brokers,etc.to develop the needed information on each
site.
90
Professional Services Agreement Page 15 of 22
PHASE4
Identifying Retailers &
Developers for Recruitment
The Retail Coach has been successful in recruiting leading retail brands to our client communities for more than 20
years.Our process is driven by providing accurate and current data sets as well as site-specific information to retailers,
brokers,and developers.
Identification of Retail Prospects(Retail includes:Traditional Retail, Restaurants, Hospitality,
and Entertainment)
The Retail Coach will target national,regional,and local retail brands that are a good"fit"for the community.This
means the Retail Trade Area population,disposable incomes,consumer spending habits,and education levels meet
the retailers'ideal location criteria.
The Retail Coach will develop a Retailer Match List for each rev ita fiz atio n area.
FIVE GUYS
TARGET
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Identification of Developer Prospects
Retail recruitment is relationship based,Since 2000,The Retail Coach has worked to establish a reliable network of
developer contacts.
developer netwexking and developer recruitment have become key components in a community's retail recruitment and
development success.Retailers have specific property requirements based on their site location criteria.A mid-to high-
tier retailer might show interest in a community;however,there may not be sufficient ready-to-lease properties matching
their needs and brand requirements.
In this case it is important to illustrate the need for new development 1 redevelopment to developers in your market.
The Retail Coach will use its network to identify retail real estate developers active in the region for recruitment.
Professional Services Agreement Page 16 of 22
PHASE 5
Marketing
Branding
To attract targeted retiailers,the most critical step is provid'vvg accurate,f-urrem and site-speo'Ific information on the
community and its Reaail Trade Area_It is important that this markming information positivOy reflects your oxnnwJnity's
attributes and brand to corporate site selectors,real estate brokers_and developers_
Retail Market Profile The Retail Coae-,hw11 develop arevitalization area r-C r u'+O,,_LATFN
retail market profile tailored to the specific needs of + � .I nn r',srr
targeted retailers'essential site selection and '
Io.atkm criteria-Each profile wil l ind ude:
i�7T,57,0 �•-.
Retail Trade Area Map r.lrw-.nlll -{ - „ '97L
Locaton Map
• Traffic Count Map
• Demographic Profile Summary •,ILI
Appropriare logo and contact in-trmatian
Retailer Feasibility Packages
The Retail Coach will create a retaAer-specific feasibility paekalge to address essental location criteri-a_The feasibilizy
package i ndudes_
• Community Overview
• Retail Gap Analysis SummaryTable
Retail Site Profiles Retail Trade Area PsychograpWc PnAJe
• Lcca:ion Map
• Retail TradeJ4rea demographic Profile
Retail Trade Area Map
• Community demographic Profile
Existng RetailerAerial Map Area Traffac Generators
• Retailer Location Map
• Appropriate logo and contact infarmasiat
Retail Trade Area Denv3Waphic Profile Summary
Beal Estate Developer Opportunity Rackage
Ttle Retail Coach w1l create a developer opportunity package ror each revitalization zone to highlight the need fnr
development±redevelopmenl-This will hci ude:
• Community Overview Site cha racteristics and wpcgraphy
• Location Map Appropriate Zoning
Retail Trade Area Area Retad
Demographic 7rends Residential clustering and supporr
Aerial Imagery Proximity Wancho'retai4em
Traffic Counts Top Employers
• Site-line risibility From major traffsc arteries Workplace Population
Ingresslegress€or primary traffic arteries Potential retail t2nanms
• Median cum or posit lilies
Traffic signal existence or possibilities
Professional Services Agreement Page 17 of 22
PHASE 5
Marketing
& Branding
Online Retail Dashboard& interactive Map
The Retail Coach will create an online community dashboard,which is available at
Retai1360.uslFortWorth-TX,for visual presentation and easy downloading of marketing information and data sets.This
online dashboard and Interactive Map wilt be utilized by City staff,existing businesses,and retail prospects.
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Professional Services Agreement Page 18 of 22
PHASE 5
Recruiting Retailers
t Developers
Recruftment of Retailers
Founded in 20U11,Ttne Retail Coach was the firsi national retail advisory firrn to introduce retailer and developer
recruitnnent specifically forcommunibes_The reavitment of retailers remains one of the primary metrics of success.
Today,our experience has proved a community must move beyond data.
Tfie.retailer recniitrnem process includes Shoe SnAowirp steps_
Introductory ernai15 and natal market pro les are sent to each targeted retailer.
Personal telephone calls are placed to measure interest level.
Personal emails and retailer feasihibty Packages are sent to each targeted retailer.
Personal emails and retail site pTcNes dnrprime sites are sent to the appropriate targeted retailer.
Personal emails are sent So inform targeted retailers of signt6cant market change,
Aretailer status report is provided with each retailerscomplete axrtait information and commEM5 resulting from
recruitment activities.
A focus will be put an identifying grocery retailers for Southeast fort Worth(both full service grocery
locations arrd neighborhood market locations)_TRC will reach out to each identified grocery prospect
about meeting in person and touring Southeast Fort Worth for a potential location_Our team will also
ufilixe our connections with the U SUA Food desert Program and other FederaUState grocery programs
to identify other grocery opporutnties_
Recruit tent of Developers
Much of our recruitment success tames from establishhg:a network of national reuil developers over the past ZO years.
Developer nework ing and developer recruitment have became key oom poanents in a community's retail recaHtment and
development success_Retailers fiave specific property requ irements based on:heir site kacation cri Feria.A mid to high-
tier rePaile-r might show interest in a communit},however,there may nod be sufficient ready-to-lease properties matching
their needs and brand requirements_Relationships with developers are important in these situations to capitalize an
relailer interest and opporw nity.
Our developer recruitment process includes the I'dlowing steps:
Introductory ernails and opportunity packages a re sent to devekxpers.
Personal telephone calls are placed En rrteasu re interest lewd.
• Personal emails are sent to inform developers otthe status of kib rested retailers and any significard market
changes.
A developer status repor,is provided with each
location of r r
developer's complete conuct information and P&rket was a direct result of meefings
comments resulting!rom remhrnent activities.
coordInated by The Retail Coach
between our communityt site
Retail Conference Represelitation selectors at ICSCJRecDn-'
The Retail Coach will assist in nmarketing FortWarren f
Worth and its revitalization areas and real estate Vice NesidW, Economic Development
sites to retailers and real estate sites to Broken r r E
retailers,developers,and brokers at jointly
attended retail hdusvy conferences_
Professional Services Agreement Page 19 of 22
PHASE 7
Coaching &
Ongoing Support
Coaching
The Retail Coach will partner with Fort Worth on a long term basis and be available when you have questions,new
ideas,or need access to GIS mapping and current data and statistics.We are also available if Fort Worth needs to
brainstorm opportunities as your community grows and develops.
Small Business and Local Entrepreneur Support:The Retail Coach team with work with Fort Werth on a small
business and local entrepreneur support strategy,The Retail Coach will coach will develop individual business
reports as needed for the €acal businesses and provide Individual coaching to existing businesses and
entrepreneurs(in-person and remotety).
The Retail Coach will provide community development and economic development recommendations for each
revitalization area.
The Retail Coach team will provide insight and training into retail recruitment strategies to aid in the short and long
term revitalization of each revitalization area.
The Retail Coach will aid Forth Worth staff in preparing for upcoming retail trade shows and represent the
revitalization areas to prospective retailers and developers at these trade shows.
l"I
a_
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Professional Services Agreement Page 20 of 22
PROJECT OVERVIEW
Deliverables
& Responsibilities
PHASE
Analyzing the M arket
Retail Trade Area (RTA)Maps based on Mobile Location Technology
Retail Trade Area&Community Demographic Profiles(Historical, Current,and Projected)
Retail Trade Area Psychographic Profiles
Daytime Population Summary Reports
PHASE 2
❑etermining Retail Opportunities
Retail Demand OutlookAnaysis Reports(RDOA)
Retailer void Analysis "In my opinion, The Retail Coach's
PHASE 3 strategy and assistance has netted
Identifying Development Opportunities us over 325,000 square feet of
Retail Site Profiles occupied retail development during
one of the most significant retail
PHASE 4 downturns in the last 20
Identifying Retailers &Developers for Recruitment years. Money well spent."
Target list of priority retailers Samuel D.R. Satterwhite
Target list of real estate developers Executive Director
Wylie EDC
PHASE 5
Marketing &Branding
Revital¢ation Area Retail Market Profiles(RMPs) "Thank you for Gallatin's partnership
Retailer Feasibility Packages with Retail Coach. Charles Parker
Developer Opportunity Packages and his team have been very
Online Retai1360 Dashboard beneficial in helping my development
PHASE 6 find retail tenants. We have
currently signed [multiple new
Recruiting Retailers and Developers
Retailer Recruitment Tracking Spreadsheet
Developer Recruitment Tracking Spreadsheet
Retail Trade Show Summary Reports Brad Jolly
Developer
PHASE 7
Retail Coaching
Professional Services Agreement Page 21 of 22
City Secretary ContractNo.
EXHIBIT B
PAYMENT SCHEDULE
1. Total Compensation. Total compensation under this Agreement will not exceed Thirty-Nine
Thousand Dollars and No Cents ($39,000.00) for all Services performed.
a. Fee. Vendor will be paid a fee of up to Thirty-Nine thousand Dollars and No Cents
($39,000.00) ("Fee"). The City will pay Vendor in the following installments set forth
below:
i. Fifteen thousand Dollars and No Cents ($15, 00.00) within thirty (30) calendar
days after the execution of this Agreement by the City.
ii. Twelve thousand Dollars and No Cents ($12,000.00) within thirty (30) calendar
days after the City receives and approves the final deliverables for Phase 1-4 of the
Services.
iii. Twelve thousand Dollars and No Cents ($12,000,00) within thirty(30) calendar
days after the City receives and approves the final deliverable for Phase 7 of the
Services and completes all coaching for the City of Fort Worth's Economic
Development Department and providing all the deliverables detailed in Phase 5-7
b. Following completion of each of the listed milestones set forth above, the Vendor must
provide the City with a signed fee invoice summarizing the portion of the Services that has
been completed. If the City requires additional reasonable information, it will request the
same promptly after receiving the above information, and the Vendor must provide such
additional reasonable information to the extent the same is available. Invoices must be
submitted to the City of Fort Worth, attention Robert Sturns, Director, 1150 S Freeway
Suite 106, Fort Worth, TX 76104.
Vendor Services Agreement Page 22 of22