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HomeMy WebLinkAboutContract 57729-A2CSC No. 57729-A2 SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 57729 WHEREAS, the City of Fort Worth ("City") and Interface Studio, LLC ("Vendor") made and entered into City Secretary Contract No. 57729 ("Contract") for research and creation of a Neighborhood Conservation Plan and a Housing Strategy ("Services") WHEREAS, the Contract provides funding to the Vendor pursuant to a grant received by the City from the United State Department of Housing and Urban Development ("HUD") through the Community Development Block Grant Program ("CDBG"); WHEREAS, the City authorized the Contract and Services through M&C 22-045 approved on June 14, 2022; WHEREAS, the City authorized a first amendment to the Contract and Services through City Secretary Contract No. 57729-A1 on May 11, 2023; WHEREAS, it is the mutual desire of the City and Vendor to add one additional in - person meeting to the contract for a final presentation of the plan documents and to amend "Exhibit A" and "Exhibit A- I" of the Contract to include this additional in -person meeting; WHEREAS, it is the mutual desire of the City and Vendor to also increase the compensation due to the Vendor to account for direct expenses related to the additional meeting and consulting hours associated with the development of the Neighborhood Conservation Plan and the Housing Strategic Plan ("Plan"); WHEREAS, it is the mutual desire of the City and Vendor to amend the Contract to complete the Services, meet the original Contract objectives, and ensure full implementation of the Plan. NOW THEREFORE, City and Vendor hereby agree to amend the Contract as follows: I. "Exhibit A, B, and C" Scope of Services is hereby amended to add Attachment "Exhibit A-2" which is an additional scope of work and cost estimate in the amount of $10,600 dated June 30, 2023 II. Total cost of the Contract, $247,880.00 was increased by $25,020.00 for the first contract amendment and is increased by $10,600 for this second contract amendment for a total contract cost of $283,500.00. This amendment is effective as of the Effective Date of the Contract. VI. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX All terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. ACCEPTED AND AGREED: CITY: BY: DATE: Sep 19, 2023 Fernando Costa, Assistant City Manager APPROVAL RECOMMENDED BY: U DATE: Sep 19, 2023 Victor T. Turner, Neighborhood Services Director CITY SECRETARY -A! od Pv8 S=4 BY-P—P aaQ,00 o^*� aae°n `agap` DATE: Sep 19, 2023 Janette S. Goodall, City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Sep 18, 2023 BY Amy onnol (Sep 18, 2 2317:21 CDT) DATE: Amy Connolly, Assistant Neighborhood Services Director APPROVED AS TO FORM AND LEGALITY BY: Le ie knt(Sep 19,202310:59 CDT) DATE: Sep 19, 2023 Leslie Hunt, Senior Assistant City Attorney VENDOR INTERFACE STUDIOS, LLC BY:�DATE: Sep 18, 2023 Scott Page, Founder and Principal OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A-2 MTERFACE STUDIO L.Lc 340 n. 12T" STREET #419 PHILADELPHIA PH 19107 TEL 215 925 5595 FAX 215 754 4993 InTERFRCE-STU610.00M 06f28123 RE: ADDITIONAL COST ESTIMATE FOR THE AFFORDABLE HOUSING PLAN AND NEIGHBORHOOD CONSERVATION PLAN Amy, As discussed, please see below for our estimate for additional costs associated with completing the work. This fee accounts for one trip to Fort Worth for Interface Studio and Ninigret Partners including expected direct expenses (flights, hotel, etc.) and associated time for preparation and facilitation. Please reach out with any questions and thank you! Direct Expenses (flights, hotel nights, etc): $3,000 Labor / Time during the trip $7.600 TOTAL $10,600 Sincerely, Scott Page Principal CSC No. 57729-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 57729 WHEREAS, the City of Fort Worth ("City") and Interface Studio, LLC ("Vendor") made and entered into City Secretary Contract No. 57729 ("Contract") for research and creation of a Neighborhood Conservation Plan and a Housing Strategy ("Services") WHEREAS, the Contract provides funding to the Vendor pursuant to a grant received by the City from the United State Department of Housing and Urban Development ("HUD") through the Community Development Block Grant Program ("CDBG"); WHEREAS, the City authorized the Contract and Services through M&C 22-045 approved on June 14, 2022; WHEREAS, it is the mutual desire of the City and Vendor to add two additional in person meetings to the contract and to amend "Exhibit A" of the Contract to include two additional in -person meetings; WHEREAS, it is the mutual desire of the City and Vendor to also increase the compensation due to the Vendor to account for direct expenses related to two additional meetings and consulting hours associated with the development of the Neighborhood Conservation Plan and the Housing Strategic Plan ("Plan"); WHEREAS, it is the mutual desire of the City and Vendor to amend the Contract to complete the Services, meet the original Contract objectives, and ensure full implementation of the Plan. NOW THEREFORE, City and Vendor hereby agree to amend the Contract as follows: I. "Exhibit A, B, and C" Scope of Services is hereby amended to add Attachment "Exhibit A- I" which is an additional scope of work and cost estimate in the amount of $25,020.00 dated March 19, 2023. II. Total cost of the Contract, $247,880.00 is increased by $25,020.00 for a total contract cost of $272,900.00. This amendment is effective as of the Effective Date of the Contract. VI. All terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. ACCEPTED AND AGREED: CITY: BY: Fernando Costa, Assistant City Manager APPROVAL RECOMMENDED DATE: May 5, 2023 BY: "� DATE: May 5, 2023 Victor T. Turner, Neighborhood Services Director CITY SECRETARY g BY: DATE: May 11, 2023 Janette S. Goodall, City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. BY: Amy onnoli (May 4,2Of322:34 CDT) DATE: May 4, 2023 Amy Connolly, Assistant Neighborhood Services Director APPROVED AS TO FORM AND LEGALITY l�rGie L. tfr�rt May 5 2023 BY: Leslie L. Hunt (May 5, 2023 14:21 CDT) DATE. y Leslie Hunt, Senior Assistant City Attorney VENDOR INTERFACE STUDIOS, LLC BY: DATE: May 4, 2023 Scott Page, Founder and Principal EXHIBIT A-1 InTERFACE STUDIO L.Lc 34o n. 12T" STREET #419 PHILADELPHIA PH 19107 TEL 215 925 5595 FAX 215 754 4993 InTERFRCE-STUolo.coM 04119123 RE: ADDITIONAL COST ESTIMATE FOR TRIPS ASSOCIATED WITH THE AFFORDABLE HOUSING PLAN AND NEIGHBORHOOD CONSERVATION PLAN Amy, As discussed, please see below for our estimate of additional costs associated with two additional trips to Fort Worth. These trips are for Interface Studio and Ninigret Partners and included expected direct expenses (flights, hotel, etc.) and the time in town for the discussions. Please reach out with any questions and thank you! Sincerely, Scott Page Principal City Contract No. Click or tap here to enter text. This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a Texas Home Rule Municipality, acting by and through its duly authorized Assistant City Manager, and Interface Studio, LLC ("Vendor"), a Pennsylvania Limited Liability Corporation, acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." 1. Scone of Services. Research for and creation of a Neighborhood Conservation Plan and a Housing Strategy for the City of Fort Worth ("Services"), which is set forth in more detail in Exhibits "A" and "B" which are separated into discrete tasks ("Task Groups"), attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on July 1, 2022 ("Effective Date") and expires on June 30, 2023 ("Expiration Date"), unless terminated earlier in accordance with this Agreement. 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "C," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed two hundred forty-seven thousand eight hundred and eighty dollars ($247,880.00). 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 any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2. Nan-anpronriation 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 Dbliaations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for each task described in Exhibit A that is actually completed by the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine-readable format or other format deemed acceptable to City. Vendor Services Agreement: Neighborhood Conservation Plan 1 ❑FFICIAL RECOR❑ Page 1 ❑f 14 CITY SECRETARY FT. WORTH, TX City Contract No. Click or tap here to enter text. 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 laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4. Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. 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. Subiect 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 respondeai 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 Vendor Services Agreement: Neighborhood Conservation Plan Page 2 of 19 City Contract No. Click or tap here to enter text, understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. Liabilitv and Indemnification. 8.1. LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, 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, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPER TYDAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS 8.3. INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or Vendor Services Agreement: Neighborhood Conservation Plan Page 3 of 19 City Contract No. Click or tap here to enter text_ 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 (h) 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.L 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 consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1. Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Vendor Services Agreement: Neighborhood Conservation Plan Page 4 of 19 City Contract No. Click or tap here to enter text_ Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed (d) 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 (e) 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 Reauirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VIZ 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: Neighborhood Conservation Plan Page 5 of 19 City Contract No. Click or tap here to enter text. (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. Comuiiance 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, including all applicable Community Development Block Grant requirements. 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: City of Fort Worth Neighborhood Services Department Attn: Fernando Costa, Assistant City Manager 200 Texas Street Fort Worth, TX 76102 Fernando. Costa(a),fortwortli to xas. go v With copy to Fort Worth City Attorney's Office at same address To VENDOR: Interface Studio, LLC Attn: Scott Page, Founder and Principal 340 N 12th Street #419 Philadelphia, PA 19107 scott(a),interface- studio.com 14. Solicitation of Emplovees. 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 terra 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. Vendor Services Agreement: Neighborhood Conservation Plan Page 6 of 19 City Contract No. Click or tap here to enter text. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force 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 maj eure 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 of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controllinu. 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 parry 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 1 Modifications 1 Extensions. No amendment, modification, or extension of this Agreement will be binding upon a parry hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. Vendor Services Agreement: Neighborhood Conservation Plan Page 7 of 19 City Contract No. Click or tap here to enter text_ 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. immigration Nationalitv Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). 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 conj unction 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-madefor-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 27. Signature Authoritv. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Comnanv Name or Ownershin. 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 Vendor Services Agreement: Neighborhood Conservation Plan Page 8 of 19 City Contract No. Click or tap here to enter text. 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. 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. 30. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 31. No Boveott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 32. Prohibition on Bovcottine Ener v Companies. Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.S. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 33. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" Vendor Services Agreement: Neighborhood Conservation Plan Page 9 of 19 City Contract No. Click or tap here to enter text. and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) Vendor Services Agreement: Neighborhood Conservation Plan Page 10 of 19 City Contract No_ Click or tap here to enter text_ IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. City: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Fernando Costa Title: Assistant City Manager By: Amy C o n !y 01jri 15. 2022 16:55 C07} Jun 28, 2022Date: , 2022 Name: Amy Connolly Title: Neighborhood Services Assistant Director APPROVED AS TO FORM AND LEGALITY: APPROVAL RECOMMENDED: By: Jo Gunn {tun 28, 2022 12:35 COT By: Name: Jo Ann Gunn Name: Victor T. Turner Title: Assistant City Attorney Title: Neighborhood Services Director CONTRACT AUTHORIZATION: Resolution: M&C 22-0453 CITY SECRETARY Form 1295 i7 Janr..otte c. By: Jo an ette 5. Goodall (Jun 28, 2022 14!01 Cd?I Name: Jannette Goodall Title: City Secretary II 0 % YV� O+� ¢o 1 o d ❑°°�uooa°° %yd OFFICIAL RECORD lot 11W&I**l V= 11V_►:V1 FT. WORTH, TX City Contract No_ Click or tap here to enter text. VENDOR: Interface ;7;i d'ee By: Name: Scott Page Title: Founder anrj Pri pal Date: C!' ep z, EXHIBIT A SCOPE OF SERVICES NEIGHBORHOOD CONSERVATION PLAN SCOPE OF WORK TASK 1: PROJECT MANAGEMENT 1.1 Project Kick -Off & Guided Tours of Previous NIS Neighborhoods Vendor will visit the area for a "Kick -Off Trip" at the beginning of the process. The focus of the kick-off meeting will he to discuss what success looks like to key City leaders. Vendor will tour previous Neighborhood Improvement Strategy ("NIS") neighborhoods with City staff and local experts to better understand the unique characteristics of the neighborhood and the impact of NIS investments. 1.3 Community Engagement Plan To guide the outreach activities, Vendor, using input from the Team, as defined below, will develop a public participation plan that outlines the specific tools, methods and timing for outreach activities. 1.3 Project Coordination Vendor will create a communication plan to ensure that the team, including the City of Fort Worth, Vendor, and other identified partners ("Team") can share files, transfer data, and communicate regularly. Vendor will also coordinate with other planning efforts identified by local partners during the process. 1.4 Collection of Base Data Vendor will prepare a list of CIS datasets to complete the plan and work with the City of Fort Worth on identifying the best sources for critical datasets. Vendor will request the data analysis completed previously when the NIS was established. Vendor will utilize reports regarding federal allocations (CDBG, HOME, ARPA), specific grants through Council or other sources and data from Tarrant County regarding additional Vendor Services Agreement: Ncighborliood Conservation Plan Page 12 of 19 City Contract No. Click or top here to enter text. allocations, particularly from U.S. Housing and Urban Development. We expect that these reports will have specific metrics that can be used for analysis. Other annual reports and spending plans (CAPER for instance) as well as information surrounding COVID related dollars will be important to this task. Vendor Services Agreement: Page 11 of 19 TASK 2: COMMUNITY & STAKEHOLDER ENGAGEMENT 2.1 Targeted Engagement Vendor will engage local partners, including City leadership and staff and local development leaders, through a series of interviews, focus groups and committee meetings. Vendor will conduct face--to-face and/or telephone interviews with "critical actors" or "stakeholders" as defined by both the City and Vendor. It is anticipated that Vendor will perform approximately 40 interviews over the course of the project. Interviews will take place at the outset of the project. Vendor expects that 5 of these interviews will be tours with local leaders of how previous investments have been spent in their communities. Vendor will work with the Team to organize focus groups to discuss the analysis, findings and initial ideas. Focus groups are small groups of about ten participants that allow for a rich discussion of ideas and concerns. Vendor will typically organize focus groups targeted to specific populations or interests. Examples of focus groups or topics include community development leaders, neighborhood leaders, developers, public works and transportation, parks and safety. Vendor will perform 12 focus groups during the process. Focus groups will take place at the end of Task 3 to help generate ideas based upon the Vendor's analysis and findings. Vendor will present regularly to City Council through meetings with the Neighborhood Quality and Revitalization Committee and individual interviews. Vendor anticipates 5 meetings with the Committee and up to 5 one-on-one meetings. Vendor will also present to the City interdepartmental management team and advisory committee 5 times during the process. The meetings with Council and the City Management Team will occur at regular intervals of the process specifically: 1 At the outset of the project to discuss the project's goals and process 2 To review the analysis 3 To review the initial recommendations 4 To present refined recommendations and discuss implementation and roll out City Contract No. Click or top here to enter text. All engagement will be summarized for review by the City and its partners. Vendor will also develop key messaging around NIS for future roll out to clearly communicate program goals and direction. Vendor Services Agreement: Neigliborfiood Conservation Plvi Page 14 of 19 City Contract No. Click or tap here to enter text. TASK 3: EXISTING CONDITIONS & NEEDS ASSESSMENT 3.1 Existing Plans and Projects Review Vendor will collect previous plans and information on recently proposed planning initiatives, development projects/capital expenditures on infrastructure, streets or other improvements in the area. All of the strategies and proposed investments will be summarized graphically for discussion purposes. 3.2 Review of City incentives, investments and policies Vendor will collect information on current incentives and dollars related to neighborhood revitalization as well as programs and policies designed to further City goals. Vendor will map the "distribution channels" of how these dollars are spent for community reinvestment. For its analysis of housing, Vendor will examine the sources and uses of housing funds, and typical capital stack for new development or redevelopment projects including public contribution percentages, range of cost per unit of construction, and where possible the contributing drivers to housing unit cost (land, soft costs, construction, financing costs, margin). 3.3 Fort Worth Neighborhood Assessment Vendor will review the data provided and begin to develop a methodology for measuring "neighborhood health." This will be a composite map based upon a number of critical data factors. To help develop the most appropriate methodology for this work, Vendor will review past efforts to measure neighborhood conditions and produce a series of maps that describe key indicators: • Demographic condition and trends • Building permits, recent investments and market information • Code data • Health and safety data • City expenditures in streets & infrastructure • Affordable housing development • Community assets such as institutions, employment centers, and open spaces • Crime trends This analysis will help the Vendor to identify the scale of the issues. By understanding the scale of different issues (lack of affordable housing units for instance) and the resources available to address it, Vendor can better frame and discuss how to best address any gaps identified. 3.4 Report Card for prior NIS funding Vendor will collect information on the funding of the previous 6 rounds of NIS funding. This funding will be organized into a matrix to help understand the breakdown of funding in different neighborhoods. Vendor Services Agreement: Neigliborliood Conservation Plvi Page 15 of 19 City Contract No. Click or tap here to enter text. To develop a report card on the investments, Vendor will compare select data for each neighborhood prior to the investment and today. Vendor will also integrate photos and quotes from meetings and tours with local leaders to provide a qualitative review of the program. The report card will be graphically presented in a series of slides to be used in meetings with key stakeholders. 3.5 Identify Key Community Development Partners Working closely with City staff, Vendor will research and document active place -based organizations, community development corporations, non-profit partners and other key institutions. This research will provide a lens into local capacity within the prior six NIS neighborhoods and more broadly for the City. The Vendor expects to identify these key partner organizations through the available documentation on who has received Federal, County and City dollars previously. 3.6 Fort Worth Housing Affordability Assessment Vendor will conduct a housing analysis for the City to help understand the scale of the affordable housing gap. The Vendor will provide a high-level order of magnitude forecast of housing demand using preexisting population forecasts from sources like ESRI and Woods & Poole with approximation of demand (purchase and rental) across income levels. Vendor will translate these income levels into job categories to help associate job types with income levels in Fort Worth. This work will build upon existing data sets requested in Task 1.4 as well as the collection of additional data sets including Tarrant County Tax Assessor data, FFIEC dataset that provides information on mortgages, and V party information sources. Vendor's analysis will seek to understand four critical affordable housing factors: 1. Deeply Affordable / Subsidized Housing - using data provided by the City and their partners, Vendor will map and summarize the extent of housing reserved for those making below 30% of the Area Median Income (AMI). Vendor will update previous work completed in 2019 for the draft Fort Worth Housing Strategic Plan. 2. Missing Middle I Workforce Housing - using readily available data, Vendor will map areas of the City affordable to those making between 80% and 120% of AMI and identify the distribution of unit types. Vendor will also map key employment areas to help assess the proximity or distance between living and working patterns. 3. Naturally Occurring Affordable Housing (NOAH) - Vendor will undertake an analysis to identify those locations where existing housing is serving as affordable housing for those earning less than 120% of AMI. To conduct this analysis, Vendor will develop a methodology to combine key factors such as building age, median income and assessed value. This analysis will include a review of building quality to be able to determine: 1) How many NOAH units exist in Fort Worth and; 2) How many of those units are in good condition and below to help "size" the potential scale and need in rehab of existing units. Vendor Services Agreement: Neigliborliood Conservation Plan Page 16 of 19 City Contract No. Click or tap here to enter text. 4. Gentrification - Some neighborhoods are changing quickly. Using city and county data from rehab building permits and sales data, the Vendor will identify areas that are seeing investment into the housing stock. The analysis will also examine change in sales prices compared to median income. Vendor will identify the locations where rapidly rising housing prices are occurring. This will be integrated with socioeconomic data to help identify displacement risk particularly for homeowners and single-family renters. This analysis will include a review of data around the loss of homeownership units due to third party and corporate buyers that are transitioning formerly owner -occupied units to market -rate rental. Finally, Vendor's analysis will also incorporate FFIEC mortgage data to understand what percent of mortgages receive credit support through FHA, VA or others, as well as the rehab loans across the city and within these areas. 3.7 Review / Presentation of Best Practices Vendor will research and collect a series of best practices from other cities for discussion with the City and partners. The objective is to align these key best practices with the local challenges and current capacity within Fort Worth. Vendor will summarize the research in slides for presentation. TASK 4: PROGRAM RECOMMENDATIONS IMPLEMENTATION 4.1 NIS Program Recommendations Vendor will develop a series of policy recommendations for discussion based upon the analysis and findings to date. These include recommendations for the NIS program with special attention to key questions around the number of participating neighborhoods at a time, the potential budget for NIS activities and the identification of potential locations ideally suited for NIS activities. From the research and review of best practices, additional recommendations will be developed for new programs, policies and investments to better help Fort Worth achieve their neighborhood revitalization goals. 4.2 NIS Capital Recommendations Based upon the recommendations, Vendor will create a menu of potential investments for the NIS program. These will be clearly illustrated to help communicate to future NIS participants what is, and is not, eligible for funding under the program. These will include detail on the specific type of investment (bike rack, lighting, trees, etc.) and their associated cost. This investment menu will be developed closely with City staff to ensure that it focuses on investments that can be done in a timely manner. 4.3 Community Development Supporting Actions Vendor will provide additional recommendations for changes to existing City policies where appropriate. This may include suggested changes to data collection, housing policy, code Vendor Services Agreement: Neighborhood Conservation Plan Page 17 of 19 City Contract No. Click or tap here to enter text, enforcement, economic development and other City functions that directly relate to the health of neighborhoods. Vendor expects much of this will be the result of the planned meetings with the City Management Team and Neighborhood Quality and Revitalization Committee. 4.4 Organizational Strategy Vendor will develop an implementation spreadsheet that aligns the goals with the recommendations and identifies the potential partners for different initiatives. Vendor will create a clear list of priority projects and changes to the NIS program. Vendor will also provide a clear methodology for tracking and measuring progress that the City can undertake on a regular basis to evaluate the program in the future. A part of this strategy will be a toolkit for how to roll out the NIS in designated neighborhoods. This will include strategies for messaging and tools for public engagement that can be implemented by City staff and partners. 4.5 Affordable Housing Strategic Plan Vendor will develop specific strategies to address the affordable housing gaps identified in the analysis. Vendor will include: • A clear description of the current affordability challenges, size of the gap, and the need to take action before the problem intensifies; • A review and identification of existing tools available in the State of Texas that could be considered for use in Fort Worth; • Identification of potential new tools to help with land assemble, development or preservation in Fort Worth; • Recommendations to existing policies that can help to streamline and lower the cost of housing development as well as the critical neighborhoods to focus on for affordable housing actions and investments; and • A methodology for data collection and tracking going forward to measure progress. ■ Establish Affordable Housing Goals — Inclusion of a 5-year or 14-year plan to reach affordable housing goals with key strategies identified with responsible entities to carryout goal. • Creation of a data set and data tool (i.e., dashboard to track ongoing progress toward meeting affordable housing goals. • Review and assemble data to establish some neighborhoods as Neighborhood Revitalization Strategy Areas (NRSA) for inclusion as part of next 3-5 year Consolidated Plan for review/approval by HUD 4.6 Final Products Vendor will organize the analysis, findings from the engagement, best practices and recommendations into final deliverables that best fit the needs of the City and key stakeholders. Vendor will work with the City and partners to determine the design of the final document with an eye toward the key audiences for the plan. The draft deliverables will be made available for comment to the City and the participants involved in the process. After Vendor Services Agreement: Neighborhood Conservation Plan Page 1S of 19 City Contract No. Click or top here to enter text. receiving comments, Vendor will finalize the planning document(s). Vendor will be available for assistance with adoption by City Council including a presentation if necessary. (This area is purposefully blank) Vendor Services Agreement: Neighborhood Conservation Plan Page 19 of 19 City Contract No- Click or tap here to enter text - NEIGHBORHOOD CONSERVATION PLAN Public FngarMen[ 7dsk EXHIBIT B SCHEDULE OF SERVICES eon 2023 f .� _� ��II�IIIIi�llllll�llllll�IIIIIII _ IA�1LZ Clll�llq!lliY g STARIRQL�ER �MYfll_ �_________ wit:IE][ISIflrI C{Iiliflfl�RS lit DS �________ J ■■■■■_ ■ . "RRERREM■■■■■■ww■ urrENA"Im 5 poteff"!rips {assumption is a 6permn}; 1 Jw 2042 - K.k.-D f n 2 SW -2022-Analysis Review 3 f a ..b-2Q^-2-lwr i�., Recarmnerdeoa !.Homy 2"- - Fn.! RewinrixndYda"j Impleweimr 5 F.bf ry_623- Advpvon i R-06&sao O;v V-AL _ em Tex- Me its: 51w be oandwed vkt-lly wW w-passonl y�yipra CW�Meo Mmii r� g iw be oa W—d rirtunlry and m; Yj Cos C—d NeiID,horLmc ❑udLt. &Re na;;:a §i�- I5 Qt, C0461 —Q1-0.e Me 11i 5 D—Greu -' lm be condviced wavn'la av+d u.perspnl N[erriers-A0 EXHIBIT C PAYMENT SCHEDULE Vendor shall be paid based upon task completion, as listed in Exhibit A, and receipt of expected deliverables, as listed below in the payment schedule table. Vendor shall send the City a correct and accurate invoice by the 20`h of each Month. Vendor will indicate the Tasks completed on the invoice showing what tasks was worked on or completed within the timeline included as part of Exhibit A and the payment schedule table, below. The City shall pay vendor within thirty (30) days of receiving a correct and accurate invoice. A "correct and accurate invoice" is an invoice that complies with Exhibits A and B of this Agreement. Vendor Services Agreement: Neighborhood Conservation Plan Page 20 ul' 0 City Contract No_ Click or tap here to enter text_ NEIGHBORHOOD CONSERVATION PLAN =.�.x s••s; s:: ss: s� ss� nr . 1I r+•.«x n.e.<..ri wa.e • - - n 1 : ax a ]ca• I33 Nina CmrR,ua,ir a .f. - _fc -F L .boo f �riec �lA[dVw.•f 5�e[Fau 1�K• .r. 4 •� s . I %*to M raw+. S Uam 1 1A)M f I 1W1Ar16rY•� ] lx.lcv +] �:. F10 I] Ivaw +_: Enurrariu.>, uuf h.arsa a•e. �..• • r - _ IS]f ..�r4 iry �k... r�.e,.rra .+�:u[�. ] r -. s •.ix - x fermi i n 139 faRN'�rikFOM.n�od •�---�� fe n s: L alopu - [ m i :•a IYa fe.w[Crd Rrww F{°tin0� � K o f �Ib a 1 I3L knary M':emr.xn.e[ DrnNopnr! /'rL.ar[ ] A - L ice+ f . Ise feR li,.tn narnMx�wrp a.�ra.ae �. �� a mom ..n a x�i I •:n Is7 ra.—I v rxnuv ai am N. — a u a L ]o.as n L into UA Iewl ba f 262" 1 _m" 5 t.aW rlv3 [i�r'rioanmmsxs. - \ . [ -t• .• f .-r [ - . C- t6., V—e�.a o. u e ■ — asx v laSAfla.seknuuuM,3rts�Tw .. xa� �n ! fix[. r a «a. IswhirY adaa .� � ] lI.OaO -: f nlxi f fi.aaer 6�[, a VAN i no" ! l.MC TOTAL WITH DIRECTS Vcndt)r Services Agreement: Neighborhood Conservation Plan Page 21 of 19 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIO This questionnaire reflects changes made to the law by H.H. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176. Local Govemment Cade, Data Received by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under SGCfi0n 176.DIN (a). By law thisquestionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Cade. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. J !Name of vendor who has a business relationship with local governmental entity. + �-�vio LAG J f_If Check this box If you are filing an update to a previously flled questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government rr r out whom Information section being disclosed. Name of Officer This section {item 3 including subpa A, B, C, & ay must be completed for each officer with whom the vendor has an employment or other business relationship as de€ined by Section 176.0010-a). Local Govemment Code. Attach additionet pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from of at the direction of the local govemmen t officer named in this section AND the taxable income is not received from the local governmental entity? FlYes [�?rNo C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the Wcal government officer serves as an officer or director, or holds an ownership interest of one percent or more? Yes & N. {3_ Describe each employment or business and family relationship with the local govemment officer named in this section. Signature of vendor doing business the governmental entity City of Fort Worth, Texas 17 2Z Data Adopted W712015 Mayor and Council Communication DATE: 06/14/22 M&C FILE NUMBER: M&C 22-0453 LOG NAME: 19NEIGHBORHOO❑ CONSERVATION PLAN SUBJECT (ALL) Authorize a Substantial Amendment to the City of Fort Worth's 2021-2022 Action Plan to Reallocate Unprogrammed Community Development Block Grant Funds in the amount of $247,880.00 for the Development of a Neighborhood Conservation Plan and Authorize Execution of Related Contract documents with Interface Studio, LLC .7xFTOI,,lkvi1:11►i17elIII IQ►A It is recommended that the City Council: 1. Authorize a substantial amendment to the City of Fort Worth's 2021-2022 Action Plan to reallocate unprogrammed CommunityDevelopment Block Grant Funds in the amount of $247,880.00 for a city-wide Neighborhood Conservation Plan; 2. Authorize execution of related contract documents with Interface Studio, LLC; and 3. Authorize the City Manager, or his designee, to amend contracts as necessary for completion of the project, provided any amendmentsare within the scope of the project and comply with City policies and all applicable laws and regulations governing the use of federal grant funds. E]F.Y�111ti�.yI�I►F The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with Interface Studio, LLC for the development of a city-wide Neighborhood Conservation Plan and approve the use of Community Development Block Grant funds to fund the project through a substantial amendment to the Action Plan. Background The Neighborhood Quality and Revitalization Committee, a subcommittee of the Fort Worth City Council, requested that staff develop a methodology to evaluate the efforts of the Neighborhood Improvement Strategy (NIS) and explore best practices from across the United States. A strategic focus on supporting specific neighborhoods in the City started in 2016 at a City Council retreat and progressed to the development of the NIS, which is now in its sixth year and has successfully invested $14.7M in the most distressed Fort Worth neighborhoods. In addition to studying the NIS and best practices, the Neighborhood Quality and Revitalization Committee asked staff to investigate new strategies and practices through a planning effort • Should the City have a strategy in place for neighborhoods that are not severely distressed, but could fall into distress without intervention (called "At Risk")? • Should the City do more neighborhood improvement strategies at one time? How much capital investment is needed to move a distressed neighborhood to stable? Move an at -risk neighborhood to stable? What should the investments be? ` What do we need to do to have more thriving neighborhoods in the City? ` How do we help distressed or at -risk neighborhoods improve without economic displacement? The Neighborhood Quality and Revitalization Committee additionally asked for a plan to address distressed and at -risk neighborhoods and the City's implementation of our neighborhood work: • Where are Fort Worth Neighborhoods in the hierarchy of neighborhood vitality and how is it measured? How can the City measure and project change over time? • How does neighborhood capacity and leadership contribute to the vitality of neighborhood in Fort Worth? ` How can the City build on existing programs to increase neighborhood and community capacity? ' What partnerships can be leveraged to increase or improve capacity -building efforts? What new programs, activities or initiatives should be employed to build neighborhood and community capacity? If these neighborhood issues are so complex that they involve expertise from several departments, how could the City organize neighborhood conservation efforts to maximize outcomes? In February, 2022, the Neighborhood Services Department issued a Request for Qualifications (RFQ) requesting qualifications of multidisciplinary consultant teams to work closely with a City Interdepartmental Management Team (e.g., Police, Neighborhood Services, Economic Development, Planning & Data Analytics, CODE, and Library) and a select group of community stakeholders appointed by Council Members to prepare a Neighborhood Conservation Plan that not only answers the questions posed, but also provides a framework for implementing City-wide neighborhood improvement_ In response to the RFQ, the City received four proposals from qualified firms. The criteria established in the RFQ included: Neighborhood Conservation Plan Criteria Criteria Factor No. eight �r Project Team experience in successfully delivering 1 Neighborh ood _ Conservati ❑ns Plans (or si milar efforts) 20 that v+ere implement ed by the I cuent. Project Team's understanding of the proposed proj I t 2 � as j { explained in thAr props sal and capacity to — pei M-m 20 the submitted plan. Project Team members' pertinent experience in: City planning (10) 3 30 Neighborhood development (10) Community economic development (10) Project Team ability to engage with the public and 4 secure meaningful public input during the developme nt 15 of the plan. Project Team members' experience in planning in Diversity of the multi -disciplinary team is 10 neighborh odds _ representa tive of the City of Fort Worth's residential 5 demograp hits. A committee of seven City department heads met to review and score proposals RFQ Respondent 'IScore JMoya Design j308 J Quad Planning 328 Ricker Cunningham 327 Interface Studio 364 The scores of each of the RFQ respodents include: One firm, Interface Studio, LLC, scored significantly higher than the other proposals and was recognized by the panel as the most qualified proposer. City staff determined that in -person interviews were not necessary and recommended awarding a contract to interface Studio, LLC. An environmental review will be completed prior to work being completed. This planning effort will commence in July 2022 and will be completed by end of March 2023. This plan and programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION f CERTIFICATION: The Director of Finance certifies that funds are available in the current operating/capital budget, as previously appropriated, in the General Fund and the Grants Operating Federal Fund for the CDBG (PY211FY22) project to support the approval of the above recommendations and award of the contract. Prior to any expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. Submitted for Citv Manager's Office bv: Fernando Costa 6122 ❑riainatina Business Unit Head: Victor Turner 8187 Additional Information Contact: Amy Connolly 7556 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/14/22 M&C FILE NUMBER: M&C 22-0453 LOG NAME: 19NEIGHBORHOOD CONSERVATION PLAN SUBJECT (ALL) Authorize a Substantial Amendment to the City of Fort Worth's 2021-2022 Action Plan to Reallocate Unprogrammed Community Development Block Grant Funds in the amount of $247,880.00 for the Development of a Neighborhood Conservation Plan and Authorize Execution of Related Contract Documents with Interface Studio, LLC RECOMMENDATION: It is recommended that the City Council: 1. Authorize a substantial amendment to the City of Fort Worth's 2021-2022 Action Plan to reallocate unprogrammed Community Development Block Grant Funds in the amount of $247,880.00 for a city-wide Neighborhood Conservation Plan; 2. Authorize execution of related contract documents with Interface Studio, LLC; and 3. Authorize the City Manager, or his designee, to amend contracts as necessary for completion of the project, provided any amendments are within the scope of the project and comply with City policies and all applicable laws and regulations governing the use of federal grant funds. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with Interface Studio, LLC for the development of a city-wide Neighborhood Conservation Plan and approve the use of Community Development Block Grant funds to fund the project through a substantial amendment to the Action Plan. Backaround The Neighborhood Quality and Revitalization Committee, a subcommittee of the Fort Worth City Council, requested that staff develop a methodology to evaluate the efforts of the Neighborhood Improvement Strategy (NIS) and explore best practices from across the United States. A strategic focus on supporting specific neighborhoods in the City started in 2016 at a City Council retreat and progressed to the development of the NIS, which is now in its sixth year and has successfully invested $14.7M in the most distressed Fort Worth neighborhoods. In addition to studying the NIS and best practices, the Neighborhood Quality and Revitalization Committee asked staff to investigate new strategies and practices through a planning effort: • Should the City have a strategy in place for neighborhoods that are not severely distressed, but could fall into distress without intervention (called "At Risk")? • Should the City do more neighborhood improvement strategies at one time? • How much capital investment is needed to move a distressed neighborhood to stable? Move an at -risk neighborhood to stable? What should the investments be? • What do we need to do to have more thriving neighborhoods in the City? • How do we help distressed or at -risk neighborhoods improve without economic displacement? The Neighborhood Quality and Revitalization Committee additionally asked for a plan to address distressed and at -risk neighborhoods and the City's implementation of our neighborhood work: • Where are Fort Worth Neighborhoods in the hierarchy of neighborhood vitality and how is it measured? How can the City measure and project change over time? • How does neighborhood capacity and leadership contribute to the vitality of neighborhood in Fort Worth? • How can the City build on existing programs to increase neighborhood and community capacity? • What partnerships can be leveraged to increase or improve capacity -building efforts? • What new programs, activities or initiatives should be employed to build neighborhood and community capacity? • If these neighborhood issues are so complex that they involve expertise from several departments, how could the City organize neighborhood conservation efforts to maximize outcomes? In February, 2022, the Neighborhood Services Department issued a Request for Qualifications (RFQ) requesting qualifications of multidisciplinary consultant teams to work closely with a City Interdepartmental Management Team (e.g., Police, Neighborhood Services, Economic Development, Planning & Data Analytics, CODE, and Library) and a select group of community stakeholders appointed by Council Members to prepare a Neighborhood Conservation Plan that not only answers the questions posed, but also provides a framework for implementing City-wide neighborhood improvement. In response to the RFQ, the City received four proposals from qualified firms. The criteria established in the RFQ included: Neighborhood Conservation Plan Criteria Criteria Factor Weight No. Project Team experience in successfully delivering 1 Neighborhood Conservations Plans (or similar efforts) 20 that were implemented by the client. Project Team's understanding of the proposed project 2 as explained in their proposal and capacity to perform 20 the submitted plan. Project Team members' pertinent experience in: 3 City planning (10) 30 Neighborhood development (10) Community economic development (10) Project Team ability to engage with the public and 4 secure meaningful public input during the development 15 of the plan. 5 Project Team members' experience in planning in 10 neighborhoods. Diversity of the multi -disciplinary team is 6 representative of the City of Fort Worth's residential 5 demographics. A committee of seven City department heads met to review and score proposals. The scores of each of the RFQ respodents include: IRFQ Respondent Score Moya Design 308 IJ Quad Planning 328 Ricker Cunningham 327 Interface Studio 364 One firm, Interface Studio, LLC, scored significantly higher than the other proposals and was recognized by the panel as the most qualified proposer. City staff determined that in -person interviews were not necessary and recommended awarding a contract to Interface Studio, LLC. An environmental review will be completed prior to work being completed. This planning effort will commence in July 2022 and will be completed by end of March 2023. This plan and programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating/capital budget, as previously appropriated, in the General Fund and the Grants Operating Federal Fund for the CDBG (PY21/FY22) project to support the approval of the above recommendations and award of the contract. Prior to any expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Fernando Costa 6122 Oriainatina Business Unit Head: Victor Turner 8187 Additional Information Contact: Amy Connolly 7556