HomeMy WebLinkAboutContract 56893 City Secretary Contract No. 56893
FORT WORTH.
"Ilki
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 Valerie Washington,its duly authorized Assistant City Manager,and Randle Harwood("Vendor"),
each individually referred to as a"party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents include the following:
1. This Vendor Services Agreement
2. Exhibit A—Scope of Services
3. Exhibit B—NPU Deficiencies PPD 1,2, 3, 5
4. Exhibit C—NPU Deficiencies PPD 4
5. Exhibit D—Neighborhood Park Fee Progression
6. Exhibit E—White Paper: Expenditure of Collected Neighborhood Park Fees
7. Exhibit F—Park Planning District Map
8. Exhibit G—Network Access Agreement(Example)
Exhibits A through G,which are attached hereto and incorporated herein,are made a part of this Agreement
for all purposes.In the event of any conflict between the terms and conditions of Exhibits A through G and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
control.
1. Scope of Services. Exhibit"A,"- Scope of Services specifically describes the services to
be provided hereunder("Services").
2. Term. This Agreement begins on the date signed by the Assistant City Manager below
("Effective Date") and expires on December 31, 2025 ("Expiration Date"), unless terminated earlier in
accordance with this Agreement("Initial Term"). City will have the option,in its sole discretion,to renew
this Agreement under the same terms and conditions, for up to one (1) one-year renewal option, at City's
sole discretion.
3. Compensation.
a. City will pay Vendor an amount up to $96,837 Dollars and Zero Cents
($96,837.00) ("Fee"), which includes all primary services set forth in Exhibit A
and any expenses related thereto, including, without limitation, printing,
reproduction,delivery,time,food, and travel costs.
i. Vendor will be paid in monthly installments based on work completed up
to 80%of the contract total with one final lump sum payment of 20%after
Vendor Services Agreement OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
submission and acceptance by the City of the final work product and any
supporting documentation,as set forth in Exhibit A.
ii. Following acceptance of all of the Services under this Agreement, the
Vendor must provide the City with a signed invoice summarizing (i) the
Service(s) that were provided and (ii) amount of time spent on such
Services; and (ii) requesting payment. 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. The invoice
must be submitted to the City of Fort Worth,attention Bryan Lyness,4200
South Freeway, Ste. 2200,Fort Worth,Texas 76115.
b. 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 any time 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. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor must return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
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and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor.It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.3 Unauthorized Access.Vendor 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. Rieht to Audit. Vendor agrees that City will,until the expiration of three (3)years after
final payment under this contract, 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 under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees,Vendors and subVendors. 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,Vendors and subVendors. 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 or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants,
employees or subVendor 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 or subVendor.
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,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
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ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation.So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however,Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assienment and Subcontractine.
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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 and Assignee will be jointly liable for all obligations of Vendor under this Agreement prior
to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor will execute a
written agreement with Vendor referencing this Agreement under which sub Vendor will agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor will provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor will provide City with certificate(s)of insurance documenting policies
of the following types and minimum coverage limits that are to be in effect prior to commencement of any
work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$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, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
(c) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage will 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 will be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies will
name City as an additional insured thereon, as its interests may appear.The term
City will include its employees,officers,officials,agents,and volunteers in respect
to the contracted services.
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(b) The workers' compensation policy will 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 will be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium.Notice will be sent to the Risk
Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with
copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances,Rules and Reeulations. 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 will immediately desist from
and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor'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, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement 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 Company Randle Harwood
Attn:Valerie Washington,Assistant City Manager Attn: Randle Harwood
200 Texas Street Address 7004 Church Park Drive
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Fort Worth,TX 76102-6314 Address Fort Worth Texas
Facsimile: (817)392-8654 Phone 682-351-9419
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 for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein will not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,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/Extensions. No amendment,modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
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23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in interest, as
to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either(a)use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
26. Immigration Nationality Act. Vendor will 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 will 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, SUBCONTRACTORS, AGENTS, OR LICENSEES.
City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for
violations of this provision by Vendor.
27. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended,Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim,lien for balance due,or rights of retention thereto on the part of City.
28. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution,ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
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29. Change in Company Name or Ownership. Vendor will 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.
30. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1)does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and"company"will have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this contract,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 contract.
31. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE
MANAGER:
"Ask-, By signing I acknowledge that I am the
By: Valerie Washington(Dec 23,202114:02 CST) person responsible for the monitoring and
Name: Valerie Washington administration of this contract, including
Title: Assistant City Manager ensuring all performance and reporting
Date: December23 2021 requirements.
15G
APPROVAL RECOMMENDED: DC
By:
RlCk7ard ZaVala Name: Joel McElhany
By: Richard Zavala(Dec 21,202117:10 CST) Title: Capital Program Manager
Name: Richard Zavala Park&Recreation Dept.
Title: Director,Park&Recreation Dept.
APPROVED AS TO FORM AND LEGALITY:
ATTEST:
.7G1`eettG c1. 60 dad ,l By:
By: Jannette S.Goodall(Dec 28,2021 07:16 CST) Name: Tyler Wallach
Name: Jannette Goodall d4��o�� Title: Assistant City Attorney
Title: City Secretary aQF°FORT
�,��° °°�'���d CONTRACT AUTHORIZATION:
o_`g o-�d M&C: not required
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C� a00
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�EXASbap
VENDOR:
Randle Harwood
, Rledzg 67 ym d
By: Randle Harwood(Dec 20,202113:37 CST)
Randle Harwood
Date: RH December 6,2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement Page 10 of 10
Exhibit A
Project Description, Scope of Services and Project Schedule
PROJECT DESCRIPTION
The City of Fort Worth has collected Neighborhood and Community Park Dedication fees for acquisition
and development of neighborhood and community parks. The City currently has in excess of$9 million
in Neighborhood Park fees collected citywide for land acquisition.The Park& Recreation FY2022-2026
Five Year Capital Plan has identified $5 million for appropriation in FY2022 and $4 million for
appropriation in FY2023. The scope of this project includes identification and recommendation of both
actively listed and non-listed properties for the purpose of providing neighborhood parks in the amount
of$2.5 million with the possibility of amending the agreement to include the full $5 million of FY2022
funding.
Land size and attributes should be consistent with those identified in the Park, Recreation and Open
Space Master Plan. Neighborhood Parks are generally described as 5-30 acre easily accessible walk to
destinations and meant to serve the daily park, recreation and open space needs of the residents within
the service area.
Park, Recreation and Open Space Master Plan can be downloaded at the link below:
httP://fortworthtexas.gov/parks/masterplans/parks-and-open-spaces/
In identifying target locations, consideration should be giving to locations of existing parkland and
preference given to areas identified as the highest need based on level of service standards.
Additionally, within those areas of highest need priority consideration shall be given to properties within
Majority Minority Areas (MMA) and Super Majority Minority Areas (SMMA). See Exhibit B—NPU
Deficiencies PPD 1, 2, 3, 5 and Exhibit C- NPU Deficiencies PPD 4.
Additional considerations:
1. Where existing neighborhood parks are located in underserved areas the acquisition of land to
expand an existing park in order to address service needs may be considered.
2. Fees collected within Central City, Near Southside,TRV Panther Island and the Central Business
District may only be expended in the respective areas.
3. Dedication fees will be required to be expended per the Neighborhood and Community Park
Dedication Policy(Policy) fee progression. Further explanation is provided in the policy and the
October 30, 2020 expenditure document.
See Exhibit D—Fee Progression and Exhibit E—Expenditure of Collected Neighborhood Park
Fees
The focus of this project scope will be in underserved areas of Park Planning Districts (PPD) 1-5. See
Exhibit F—Park Planning Districts Map.
Exhibit A—Project Description,Scope of Services and Project Schedule
Neighborhood Park Land Acquisition
Page 1 of 2
SCOPE OF SERVICES
CONSULTANT shall be responsible for providing the following basic services for the project.
1. Coordination/Management/Communication
CONSULTANT shall perform the following tasks:
A) Attend one (1) project kick-off meeting (two-hour duration)with the CITY to review project
scope, schedule, deliverables, status reporting, communications, and expectations for the
project.
B) Communicate regularly by phone, email and in person with CITY staff.
C) Provide to the CITY a one-page project status report on the last business day of each month
throughout the project.
2. Property Assessment Report
CONSULTANT shall perform the following tasks:
A) Gather property information and review suitable properties within the focus acquisition areas.
B) Visit each project site to observe and photographically document existing conditions as necessary
for completion of the project.
C) Prepare a PowerPoint presentation of each potential site which includes the following
information:
a. Site location
b. Acreage
c. Listing price or property tax appraised value
d. Distinguishing characteristics and site conditions (including topography, water ways,
flood plain, etc.)
e. Site photographs
D) Attend periodic meetings with the CITY to review property information,site photos, presentation,
and other information as applicable.
PROJECT SCHEDULE
Project will begin upon execution of the agreement.
Work Environment
An office will be provided for your use as needed in the Park& Recreation Department
Administration Building and will include connectivity to the City internet.
See Exhibit G—Network Services Agreement
Exhibit A—Project Description,Scope of Services and Project Schedule
Neighborhood Park Land Acquisition
Page 2 of 2
2020 - City of Fort Worth
NEIGHBORHOOD PARK DEFICIENCY
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Neighborhood & Community Park Dedication Policy
Expenditure of Collected Neighborhood Park Fees
October 30, 2020
Background
The Neighborhood & Community Park Dedication Policy (Policy) was first adopted in
1977 as a section of the City's Subdivision Ordinance. The Policy was revised several
times to strategically position/enhance the City's ability to meet the recreational and
open space needs of a growing population.
The Policy allows for the collection of fees in lieu of dedication of neighborhood
parkland or neighborhood park development, and establishes a flat per unit fee for all
single or multi-family development in the Central City (within the 820 loop). The Policy
further establishes the method by which the City can expend the fees that are collected
as follows:
1) Fees received for Neighborhood Park acquisition and development must be
used for acquiring and developing parkland within the proposed subdivision
development where the fees were collected.
2) If acquisition is not available within the Neighborhood Unit, then areas within
adjacent contiguous Community Park Units or within the Park Planning
District within the subdivision development, the Park & Recreation
Department has the discretion of determining if park and recreational needs
of the proposed subdivision development would be served by the expansion
of existing park sites located within the same Neighborhood Unit where the
proposed subdivision development is located.
3) If acquisition opportunities are not available within the adjacent contiguous
neighborhood units, then areas within adjacent contiguous Community Park
Units or within the Park Planning District may be considered for acquisition
if it will beneficially serve the residents of the subdivision development
where the fees were collected.
The following rules apply to the Central Business District Community Park Unit and the
Near Southside Community Park Unit:
1) All Central City Flat Fees collected within the Central Business District
Community Park Unit shall only be spent within the Central Business District
Community Park Unit;
2) Central City Flat Fees collected outside the Central Business District
Community Park Unit shall not be spent within the Central Business District
Community Park Unit;
Page 1 of 2
3) All Central City Flat Fees collected within the Near Southside Community
Park Unit shall only be spent within the Near Southside Community Park
Unit; and
4) Central City Flat Fees collected outside the Near Southside Community
Park Unit shall not be spent within the Near Southside Community Park
Unit.
On October 30, 2020, staff met with the Department of Law regarding the Policy. The
City could receive a complaint or be sued if funds collected from a subdivision were not
expended in accordance with the Policy. Additionally, the City could be challenged on
the expenditure requirements currently set forth in the Policy. The City could be
required to return fees collected back into the Park & Recreation Department's account
for the subdivision development where they were collected or to the person that paid the
fees to the City.
Recommended Process
In order to implement the Policy, the Park & Recreation Department intends to:
1 . Identify areas of need
2. Identify potential sources of available funding
3. Move forward with a Professional Services Agreement (PSA) or multiple PSA's to
hire consultants to assist with identifying and acquiring neighborhood parkland
across the city.
4. Target acquisition in areas where the highest service deficiencies are located
within Super Majority Minority Areas (SMMA) where the opportunity exist.
5. Make determinations in accordance with the Policy that acquisition opportunities
are not available in the subdivision where the fees were collected, the
Neighborhood Park Unit, or the adjacent contiguous Neighborhood Park Unit, as
applicable.
6. Utilize research studies to support findings that the proposed park land
acquisition or development benefits the subdivisions where the fees were
collected.
7. Include in the M&C authorizing the acquisition the findings of the Park &
Recreation Department, or its consultant, that the expenditure of the fees comply
with the Policy by benefiting the subdivisions where the fees were collected and
that acquisition opportunities are not available within the in the subdivision where
the fees were collected, the Neighborhood Park Unit, or the adjacent contiguous
Neighborhood Park Unit, as applicable.
Page 2 of 2
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CSC No.53736-NAl
NETWORK ACCESS AGREEMENT
This Network Access Agreement("Agreement")is made and entered into by and between the City
of Fort Worth("City"), a home rule municipal corporation with its principal location at 200 Texas Street,
Fort Worth,Texas 76102,organized under the laws of the State of Texas and Lina T.Ramey and Associates,
Inc.with its principal location at 3320 Belt Line Road,Farmer Branch,Texas 75234("Vendor").
1. The Network. The City owns and operates a computing environment and network
(collectively the "Network").Vendor wishes to access the City's network in order to provide construction
inspections services. In order to provide the necessary support,Vendor needs access to the City's servers
that house TPW electronic documents,network printers,e-mail intranet.
2. Grant of Limited Access.Vendor is hereby granted a limited right of access to the City's
Network for the sole purpose of providing construction inspection services. Such access is granted subject
to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative
Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions
are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are
available upon request.
3. Network Credentials.The City will provide Vendor with Network Credentials consisting
of user IDs and passwords unique to each individual requiring Network access on behalf of the Vendor. If
this access is being granted for purposes of completing services for the City pursuant to a separate contract,
then, this Agreement will expire at the completion of the contracted services, or upon termination of the
contracted services,whichever occurs first. Otherwise,access rights will automatically expire one(1)year
from the date of this Agreement("Expiration Date").
® Services are being provided in accordance with City Secretary Contract No. 53736. ("Contract")
❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No.
. ("PSK#")
❑ Services are being provided in accordance with the Agreement to which this Access Agreement is
attached. ("Contract")
❑ No services are being provided pursuant to this Agreement.
4. Renewal. This Agreement shall renew in accordance with the term of the Contract or PSK
#. If there is no Contract or PSK#,this Agreement may be renewed annually by City,in its sole discretion,
at the end of the Expiration Date and each renewal term thereafter.
Notwithstanding the scheduled contract expiration or the status of completion of services, Vendor
shall provide the City with a current list of officers, agents, servants, employees or representatives that
require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial
of access to the Network and/or termination of this Agreement.
5. Network Restrictions. Vendor officers, agents, servants, employees or representatives
may not share the City-assigned user IDs and passwords. Vendor acknowledges, agrees and hereby gives
its authorization to the City to monitor Vendor's use of the City's Network in order to ensure Vendor's
compliance with this Agreement. A breach by Vendor, its officers, agents, servants, employees or
representatives,of this Agreement and any other written instructions or guidelines that the City provides to
Vendor pursuant to this Agreement shall be grounds for the City immediately to deny Vendor access to the
Network and Vendor's Data, terminate the Agreement, and pursue any other remedies that the City may
have under this Agreement or at law or in equity.
OFFICIAL RECORD
CITY SECRETARY
Network Access Agreement(Rev.8/28/19) Page 1 of 4
FT. WORTH, TX
6. Termination. In addition to the other rights of termination set forth herein, the City may
terminate this Agreement at any time and for any reason with or without notice,and without penalty to the
City.Upon termination of this Agreement,Vendor agrees to remove entirely any client or communications
software provided by the City from all computing equipment used and owned by the Vendor, its officers,
agents, servants,employees and/or representatives to access the City's Network.
7. Information Security.Vendor agrees to make every reasonable effort in accordance with
accepted security practices to protect the Network credentials and access methods provided by the City
from unauthorized disclosure and use. Vendor agrees to notify the City immediately upon discovery of a
breach or threat of breach which could compromise the integrity of the City's Network, including but not
limited to, theft of Vendor-owned equipment that contains City-provided access software, termination or
resignation of officers,agents,servants,employees or representatives with access to City-provided Network
credentials,and unauthorized use or sharing of Network credentials.
8. LIABILITY AND INDEMNIFICATION. VENDOR SHALL BE LIABLE AND
RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON
ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR,ITS OFFICERS,AGENTS,
SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT VENDORMAY INCUR
AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO VENDOR'S
DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE
SECURITY MEASURES TAKEN BY THE CITY.IN ADDITION, VENDORSHALL BE LIABLE
AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,PROPERTY DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND
JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS AND/OR EMPLOYEES. VENDOR, AT VENDOR 'S OWN COST OR EXPENSE,
HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY
CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME
ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL
MISCONDUCT OF VENDOR,ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
9. Confidential Information. Vendor, for itself and its officers, agents, employees, and
representatives, agrees that it shall treat all information provided to it by the City as confidential and shall
not disclose any such information to a third party without the prior written approval of the City. Vendor
further agrees that it shall store and maintain City Information in a secure manner and shall not allow
unauthorized users to access,modify,delete or otherwise corrupt City Information in any way.Vendor shall
notify the City immediately if the security or integrity of any City information has been compromised or is
believed to have been compromised.
10. Right to Audit. Vendor agrees that the City shall, during the initial term, any renewal
terms, and until the expiration of three (3) years after termination or expiration of this contract, have
access to and the right to examine at reasonable times any directly pertinent books, data, documents,
papers and records,both hard copy and electronic, of the Vendor involving transactions relating to this
Agreement. Vendor agrees that the City shall have access during normal working hours to all necessary
Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The City shall give Vendor reasonable advance notice of
intended audits.Vendor further agrees to include in all its subcontractor agreements hereunder a provision
Network Access Agreement(Rev.8/28/19) Page 2 of 4
to the effect that the subcontractor agrees that the City shall, during the initial term, any renewal terms,
and until expiration of three (3) years after termination or expiration of the subcontract, have access to
and the right to examine at reasonable times any directly pertinent books, data, documents, papers and
records, both hard copy and electronic, of such subcontractor involving transactions related to the
subcontract, and further that City shall have access during normal working hours to all subcontractor
facilities and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of
intended audits.
11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written
contracts, agreements, understandings or acknowledgments with the City signed by Vendor. This
Agreement and any other documents incorporated herein by reference constitute the entire understanding
and Agreement between the City and Vendor as to the matters contained herein regarding Vendor's access
to and use of the City's Network.
12. Amendments. The terms of this Agreement shall not be waived, altered, modified,
supplemented, or amended in any manner except by written instrument signed by an authorized
representative of both the City and Vendor.
13. Assignment. Vendor may not assign or in any way transfer any of its interest in this
Agreement.Any attempted assignment or transfer of all or any part hereof shall be null and void.
14. 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.
15. Force Maieure. Each party shall exercise its best efforts to meet its 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.
16. Governine Law/Venue.This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted, at law or in equity, is brought 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.
17. Signature Authority. By affixing a signature below, the person signing this Agreement
hereby warrants that he/she has the legal authority to bind the respective party to the terms and conditions
in this agreement and 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. The
other party is fully entitled to rely on this warranty and representation in entering into this Agreement.
[Signature Page Follows]
Network Access Agreement(Rev. 8/28/19) Page 3 of 4
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
k L2 of this contract,including ensuring all
By. Valerie Washington(Aug 5,202017:49 CDT) performance and reporting requirements.
Name: Valerie Washington
Title: Assistant City Manager
Date: Aug 5, 2 0 2 0 By. Cynth i yr ,2D2D 11:52 CDT)
Name: Cynthia Tyree
Approval Recommended: Title: Sr. IT Solutions Manager
Approved as to Form and Legality:
k�
By:
Name: Kevin Gunn 42 �
Title: IT Solutions Director ao4��an� By: trong(Aug
rot,,�Rr4 a Name: John B. Strong
Attest: �� �- a Title: Assistant City Attorney
000 0
P*°oo .4t 1 Contract Authorization:
4 a 00000 M&C:
By:
Name: Mary J.Kayser
Title: City Secretary
VENDOR:
Lina T. Ramey and Associates, Inc.
By: JaLnl
Name: t-t Lim rzf*o:4
Title: ('.► itr oO, f' x6 twricc"n
Date: I S�o�oao
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Network Access Agreement(Rev.8/28/19) Page 4 of 4