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PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH (the "City" or "Client"), a home-
rule municipal corporation situated in portions of Tarrant, Denton, Johnson and Wise Counties,
Texas, acting by and through its duly authorized Assistant City Manager, and DUNAWAY
ASSOCIATES, L.P., a Texas limited partnership, acting by and through DUNAWAY
GENPAR, LLC ("Consultant"), a Texas limited liability company. City and Consultant are each
individually referred to herein as a"party"and collectively referred to as the "parties."The term
"Consultant" shall include the Consultant, its officers, agents, employees, representatives,
contractors or subcontractors. The term "City" shall include its officers, employees, agents, and
representatives.
1. Scope of Services.
Consultant hereby agrees, with good faith and due diligence, to provide the City with
professional consulting services for a comprehensive update to the City's Neighborhood and
Community Park Dedication Policy ("Policy"). Specifically, Consultant will perform all duties
outlined and described in the Statement of Work, which is attached hereto as Exhibit "A" and
incorporated herein for all purposes, and further referred to herein as the "Services." Consultant
shall perform the Services in accordance with standards in the industry for the same or similar
services. In addition, Consultant shall perform the Services in accordance with all applicable
federal, state, and local laws, rules, and regulations. If there is any conflict between this Agreement
and Exhibit A,the terms and conditions of this Agreement shall control.
2. Term.
This Agreement shall commence upon execution by the City("Effective Date") and shall
expire no later than May 30, 2017 ("Expiration Date"), unless terminated earlier in accordance
with the provisions of this Agreement or otherwise extended by the parties. This Agreement may
be renewed for a term of one year at the City's option.
3. Compensation.
The City shall pay Consultant an amount not to exceed $112,000.00, as set forth in
Exhibit B, which is attached hereto and incorporated herein for all purposes, and in accordance
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CITY SECRETAIt . 2/2015
T WORTH,TX
with the provisions of this Agreement. Consultant shall not perform any additional services for
the City not specified by this Agreement unless the City requests and approves in writing the
additional costs for such services. The City shall not be liable for any additional expenses of
Consultant not specified by this Agreement unless the City first approves such expenses in
writing.
4. Termination.
4.1. Convenience. Either the City or Consultant may terminate this Agreement at any time and
for any reason by providing the other parry with 30 days written notice of termination.
4.2 Breach. If either party commits a material breach of this Agreement, the non-breaching
Parry must give written notice to the breaching party that describes the breach in reasonable
detail. The breaching party must cure the breach ten (10) calendar days after receipt of notice
from the non-breaching party, or other time frame as agreed to by the parties. If the breaching
party fails to cure the breach within the stated period of time, the non-breaching party may, in its
sole discretion, and without prejudice to any other right under this Agreement, law, or equity,
immediately terminate this Agreement by giving written notice to the breaching parry.
4.3 Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by the
City in any fiscal period for any payments due hereunder, the City will notify Consultant of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
4.4 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, the City shall pay Consultant for Services actually rendered up to the
effective date of termination and Consultant shall continue to provide the City with Services
requested by the City and in accordance with this Agreement up to the effective date of
termination. Upon termination of this Agreement for any reason, Consultant shall provide the
City with copies of all completed or partially completed documents prepared under this
Agreement. In the event Consultant has received access to City information or data as a
requirement to perform services hereunder, Consultant shall return all City provided data to the
City in a machine readable format or other format deemed acceptable to the City and certify that
all City data has been removed from Consultant's computers and other electronic devices.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Consultant hereby warrants to the City that Consultant has
made full disclosure in writing of any existing or potential conflicts of interest related to
Consultant's services under this Agreement. In the event that any conflicts of interest arise after
the Effective Date of this Agreement, Consultant hereby agrees immediately to make full
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disclosure to the City in writing.
5.2 Confidential Information. The City acknowledges that Consultant may use products,
materials, or methodologies proprietary to Consultant. The City agrees that Consultant's
provision of services under this Agreement shall not be grounds for the City to have or obtain
any rights in such proprietary products, materials, or methodologies unless the parties have
executed a separate written agreement with respect thereto. Consultant, for itself and its
officers, agents and employees, agrees that it shall treat all information provided to it by the
City ("City Information") as confidential and shall not disclose any such information to a third
parry without the prior written approval of the City.
5.3 Unauthorized Access. Consultant 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. Consultant shall notify the City immediately if the security or
integrity of any City information has been compromised or is believed to have been
compromised, in which event, Consultant shall, in good faith, use all commercially reasonable
efforts to cooperate with the City in identifying what information has been accessed by
unauthorized means and shall fully cooperate with the City to protect such information from
further unauthorized disclosure.
6. Right to Audit.
Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine at reasonable times any
directly pertinent books, documents, papers and records of the Consultant involving
transactions relating to this Agreement at no additional cost to the City. Consultant agrees that
the City shall have access during normal working hours to all necessary Consultant facilities
and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The City shall give Consultant not less than 10
days written notice of any intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall, until expiration of three
(3) years after final payment of the subcontract, have access to documents, papers and records
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 not less than 10 days written
notice of any intended audits.
7. Independent Contractor.
It is expressly understood and agreed that Consultant shall operate as an independent
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contractor as to all rights and privileges granted herein, and not as agent, representative or
employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement, Consultant shall have the exclusive right to control the details of its operations and
activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors and subcontractors. Consultant acknowledges that the doctrine of
respondeat superior shall not apply as between the City, its officers, agents, servants and
employees, and Consultant, its officers, agents, employees, servants, contractors and
subcontractors. Consultant further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between City and Consultant. . It is further understood that
the City shall in no way be considered a Co-employer or a Joint employer of Consultant or any
officers, agents, servants, employees or subcontractors of Consultant. Neither Consultant, nor
any officers, agents, servants, employees or subcontractors of Consultant shall be entitled to any
employment benefits from the City. Consultant shall 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 subcontractors.
8. Liability and Indemnification.
CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT,
ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
REPRESENTATIVES, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY
DAMAGE OR LOSS AND PERSONAL INJURY(INCLUDING, BUT NOT LIMITED TO,
DEATH) AND ANY ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS
AND ANY RESULTING LOST PROFITS, THAT MAYRELATE TO,ARISE OUT OF, OR
BE OCCASSIONED BY (i) CONSULTANT'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (ii) ANY ACT OR OMISSION OF
CONSULTANT, IT OFFICERS, AGENTS, AFFILIATES, ASSOCIATES, EMPLOYEES,
CONTRACTORS, OR SUBCONTRACTORS RELATED TO THE SERVICES OR THE
PER OFRAMNCE OF THIS AGREEMENT.
9. Assignment and Subcontracting.
Consultant shall not assign or subcontract any of its duties, obligations or rights under
this Agreement without the prior written consent of the City. If the City grants consent to an
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assignment, the assignee shall execute a written agreement with the City and the Consultant
under which the assignee agrees to be bound by the duties and obligations of Consultant under
this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this
Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor
shall execute a written agreement with the Consultant referencing this Agreement under which
the subcontractor shall agree to be bound by the duties and obligations of the Consultant under
this Agreement as such duties and obligations may apply. The Consultant shall provide the City
with a fully executed copy of any such subcontract.
10. Insurance.
10.1 The Consultant shall carry the following insurance coverage with a company that is
licensed to do business in Texas or otherwise approved by the City:
1. Commercial General Liability with a combined limit of not less than $1,000,000 per
occurrence.
2. Automobile Liability Insurance with a combined limit of not less that $1,000,000 per
occurrence.
3. Professional Liability (Errors & Omissions) in the amount of$1,000,000 per claim and
$1,000,000 aggregate limit.
4. Statutory Workers' Compensation and Employers' Liability Insurance requirements per
the amount required by statute.
5. Any other insurance as required by City.
10.2 General Insurance Requirements:
1. All applicable policies shall name the City as an additional insured thereon, as its
interests may appear. The term City shall include its employees, officers, officials,
agents, and volunteers in respect to the contracted services.
2. The workers' compensation policy shall include a Waiver of Subrogation (Right of
Recovery) in favor of the City of Fort Worth.
3. A minimum of Thirty (30) days notice of cancellation or reduction in limits of coverage
shall be provided to the City. Ten (10) days notice shall be acceptable in the event of
non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the
same address.
4. The insurers for all policies must be licensed and/or approved to do business in the State
of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best
Key Rating Guide, or have reasonably equivalent financial strength and solvency to the
satisfaction of Risk Management. If the rating is below that required, written approval of
Risk Management is required.
5. Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
6. Certificates of Insurance evidencing that the Consultant has obtained all required
insurance shall be delivered to the City prior to Consultant proceeding with any work
pursuant to this Agreement.
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11. Compliance with Laws, Ordinances, Rules and Regulations.
Consultant agrees to comply with all applicable federal, state and local laws, ordinances,
rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances,
rules or regulations, Consultant shall immediately desist from and correct the violation.
12. Non-Discrimination Covenant.
Consultant, for itself, its personal representatives, assigns, subcontractors and successors
in interest, as part of the consideration herein, agrees that in the performance of Consultant's
duties and obligations hereunder, it shall not discriminate in the treatment or employment of any
individual or group of individuals on any basis prohibited by law. If any claim arises from an
alleged violation of this non-discrimination covenant by Consultant, its personal representatives,
assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to
indemnify and defend the City and hold the City harmless from such claim.
13. Notices.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other parry, its agents,
employees, servants or representatives or (2) received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
TO THE CITY:
City of Fort Worth With Copy to the City Attorney
Attn: Susan Alanis at same address
1000 Throckmorton
Fort Worth TX 76102
TO CONSULTANT:
Dunaway Associates, L.P.
Attn: Larry O'Flinn, ASLA
550 Bailey Avenue, Suite 400
Fort Worth, Texas 76107
14. Solicitation of Employees.
Neither the City nor Consultant shall, during the term of this Agreement and additionally
for a period of one year after its termination, solicit for employment or employ, whether as
employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
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This provision shall not apply to an employee who responds to a general solicitation or
advertisement of employment by either party.
15. Governmental Powers.
It is understood and agreed that by execution of this Agreement, the City does not waive
or surrender any of its governmental powers or immunities.
16. No Waiver.
The failure of the City or Consultant to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver
of the City's or Consultant's respective right to insist upon appropriate performance or to assert
any such right on any future occasion.
17. Governing Law and Venue.
This Agreement shall be construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought on the basis of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected
or impaired.
19. Force Maieure.
The City and Consultant shall exercise their best efforts to meet their respective duties
and obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control
(force majeure), including, but not limited to, compliance with any government law, ordinance
or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters,
wars, riots, material or labor restrictions by any governmental authority, transportation problems
and/or any other similar causes.
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20. Headings Not Controlling.
Headings and titles used in this Agreement are for reference purposes only and shall not
be deemed a part of this Agreement.
21. Review of Counsel.
The parties acknowledge that each party and its counsel have reviewed this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or
exhibits hereto.
22. Amendments.
No amendment of this Agreement shall be binding upon a parry hereto unless such
amendment is set forth in a written instrument, and duly executed by an authorized representative
of each party.
23. Entirety of Agreement.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and
Consultant, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the
extent in conflict with any provision of this Agreement.
24. Signature Authority.
The person signing this Agreement, and any amendment hereto, hereby warrants that
he/she has the legal authority to execute this Agreement on behalf of the respective party, and
that such binding authority has been granted by proper order, resolution, ordinance or other
authorization of the entity. Each party is fully entitled to rely on these warranties and
representations in entering into this Agreement or any amendment hereto.
25. Counterparts.
This Agreement may be executed in in one or more counterparts and each counterpart
shall, for all purposes, be deemed an original, but all such counterparts shall together constitute
one and the same. An executed Agreement, modification, amendment, or separate signature page
shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail,
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and reflects the signing of the document by any parry. Duplicates are valid and binding even if an
original paper document bearing each party's original signature is not delivered.
26. Third Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of the City and
Consultant, and their lawful successors or assigns, and are not intended to create any rights,
contractual or otherwise,to any other person or entity.
27. Survival.
Section 4.4 (Duties and Obligations of Parites), Section 5 (Confidentiality), Section 6
(Right to Audit), and Section 8 (Liability and Indemnification) shall survive termination of this
Agreement.
Executed in multiples this the o � day of , 2016.
CITY OF FORT WORTH: Dunaway Associates,L.P.,
a Texas limited Partnership
by: Dunaway Genpar, L.L.C.
a Texas limited Iia 'li ompa
By: By: rc
Su an Tanis Tom Galbreath,PLA, L , Principal
Ass' ant City M er F resident
AT T•
Mary J. rs r 0�8
City Secretary � ow
APPROVED AS TO FORM D LEGA Y:
Tyler Wall c
Assistaity Attorney
CONTRACT AUTHORIZATION:
M&C: C-27713
Date Approved: May 10, 2016
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Form 1295 Certification No. 2016-29399 ✓ OFFICIAL RECORD
Dunaway Associates,L.P. CITY SECRETARY
Professional Services Agreement—General FT.WORTH,TX
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EXHIBIT A
STATEMENT OF WORK
I. PROJECT DESCRIPTION
Consultant shall prepare a comprehensive update to the Policy. The City desires for the Policy to create a
roadmap for ensuring an appropriate balance of park and recreational facilities and amenities throughout
the City now and for the future. This new Policy shall help the City in providing adequate park and
recreational areas with the needed amenities and facilities in the form of Neighborhood Parks and
Community Parks as defined in the City's 2015 Park, Recreation and Open Space Master Plan.
Consultant shall work closely with City staff and a focus group comprised of a Park and Recreation
Advisory Board member, civic leaders, and members of the development community("Focus Group").
The updated Policy will replace the current policy and will seek the endorsement from the Park and
Recreation Advisory Board,City Plan Commission and require approval of the Fort Worth City Council.
The Services do not include any individual park site condition assessments,master planning,
programming, or design.
II. SCOPE OF SERVICES
A. Project Coordination
1. Consultant shall be responsible for the overall coordination and management of the Policy
update to include providing well-organized and directed activities,techniques and formats
that will ensure that a positive, open and proactive city and public participation process is
achieved. Consultant shall supply the Director of the City's Park and Recreation Department
or that person's authorized designee("Director")with at least one(1)hard copy and(1)
editable digital copy of all completed or partially completed reports, studies, databases,
forecasts, maps or plans at least three(3)business days before each and every meeting. The
Director shall schedule the meetings, as necessary, at key times during the updating process
of the Policy.
2. Consultant shall conduct a preparatory meeting with City's Park and Recreation Department
("PARD") staff before all workshops, Focus Group, Park and Recreation Advisory Board,
Greater Fort Worth Builders Association, Greater Fort Worth Association of Realtors,
Development Advisory Committee,City Plan Commission and City Council meetings in
order to review presentation materials and agenda. All meeting presentations will be
provided by Dunaway in PowerPoint format,with an editable digital copy on a flash drive to
be provided to the Director at least three (3)business days before each preparatory meeting.
3. Consultant shall attend, facilitate and conduct all meeting presentations associated with the
Policy update to include: the PARD, Focus Group, Greater Fort Worth Builders Association,
Greater Fort Worth Association of Realtors, Park and Recreation Advisory Board,
Development Advisory Committee, City Plan Commission and assist as necessary during the
presentation of the Policy to the City Council.
4. Data Collection
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a. The City will provide Consultant with all available digital data for the following,to the
extent that such is available: current Neighborhood and Community Park Dedication
Policy; 2015 Park, Recreation and Open Space Master Plan; 2016 Park Inventory List;
Neighborhood and Community Park Unit Maps; record of Policy fees collected over the
past 10 years; record of parkland dedicated and purchased using Policy fees over the past
10 years; ArcGIS shape files containing all current parks the City has requested to track;
and any previous benchmark information for cities researched.
b. After collecting and reviewing the data provided by the PARD, Consultant shall conduct
one(1)project kick-off meeting with the PARD staff to discuss the project goals and
objectives, research process, key milestones, along with confirming the ten (10)selected
benchmark cities to be researched and the overall project schedule.
c. Consultant will facilitate and conduct one (1)meeting with the Greater Fort Worth
Builders Association to obtain input on updating the Policy.
d. Consultant will facilitate and conduct one(1)meeting with the Greater Fort Worth
Association of Realtors to obtain input on updating the Policy.
e. Consultant will facilitate and conduct one(1)meeting with City staff and the Focus
Group to obtain input on updating the Policy.
f. Deliverables: Consultant shall provide the Director with meeting notes from all four(4)
meetings set forth Section II.A.4(b)-(e), which shall be in 8-1/2 x 1 I hardcopy and
editable digital format.
B. Benchmark Analysis
1. Based upon the selected cities to research, Consultant shall obtain detailed information from
ten(10) large cities of similar population size and land area to Fort Worth. The information
to be obtained, analyzed and summarized shall include the following:
a. Park dedication policy and similar policy for fee assessment and parkland acquisition.
b. Method for acquiring, funding, and development of parks, facilities and amenities to
meet the needs and expectations of the growing population and trends in recreation.
c. Detailed financial information on what are the park dedication fee amounts,how are they
specifically calculated and assessed, to include, without limitation, how each of the
selected cities collects fees and provides for parkland and recreational amenities within
the dense urban and suburban areas and of their cities.
d. Lessons learned from particular policies and ordinances.
2. From the benchmark information obtained, Consultant shall analyze and prepare a detailed
matrix that summarizes the information gathered from the ten(10)benchmark cities.
3. Consultant shall facilitate and conduct one(1)meeting with City staff and the Focus Group
to review the benchmark analysis.
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4. Deliverables: Consultant shall provide the Director with all benchmark information and
analysis in 8-1/2 x 11 hardcopy and editable digital format;the detailed matrix in large color
print and editable digital format; and all meeting notes in 8-1/2 x 11 hardcopy and editable
digital format. Consultant shall provide the Director with a copy of the PowerPoint
presentation of the benchmark analysis meeting,with an editable digital copy on a flash
drive, at least three(3)business days before the preparatory meeting.
C. Policy Recommendations
1. Based upon input received from the meeting with City staff and the Focus Group, Consultant
shall prepare recommendations for updating the Policy. The Policy recommendations will
include:
a. Approach to fee structure.
b. How parkland is established in the platting and dedication process using applicable case
and statutory law(Le,vesting,rough proportionality, Turtle Rock case).
c. General Policy improvements to ensure public needs continue to be met in the future.
d. Consideration of standards to meet park needs within the Central City as well as the
suburban growth areas.
2. Consultant shall facilitate and conduct one(1)meeting with City staff and the Focus Group
to review the Policy recommendations.
3. Consultant shall facilitate and conduct two(2)workshops, one (1)each with the Greater Fort
Worth Builders Association and the Greater Fort Worth Association of Realtors. The
workshops will allow for input on the proposed update to the Policy.
4. Deliverables: Consultant shall provide the Director with a draft of the Policy in 8-1/2 x 11
hardcopy and editable digital format; meeting notes from City staff and Focus Group input in
hardcopy and editable digital format; meeting notes from the workshops with the Greater
Fort Worth Builders Association and the Greater Fort Worth Association of Realtors in
hardcopy and editable digital format. Consultant shall provide the Director with a copy of
the PowerPoint presentation for the policy recommendation meeting,with an editable digital
copy on a flash drive,three(3)business days priof to the preparatory meeting.
D. Final Policy and Presentations
1. Based upon input received from City staff, Focus Group meetings and workshop meetings
with the Greater Fort Worth Builders Association and the Greater Fort Worth Association of
Realtors,Consultant shall finalize the proposed Policy.
2. Consultant shall be responsible for providing to the Director all information and services
listed below at least 2 weeks in advance of the November Park and Recreation Advisory
Board Meeting.
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a. All Charts, graphs, maps, databases and other data collected and created,as needed,to
support the newly updated Policy and its presentation.
b. An(editable)electronic copy of the final executive summary of the proposed Policy in a
PowerPoint presentation summarizing the updated process, improvements and an
(editable)electronic copy of the final endorsed version of the Policy.
c. The final Policy recommendation meeting presentation will be provided in PowerPoint,
with an editable digital copy on a flash drive to be provided to the Director at the
preparatory meeting.
3. Consultant shall facilitate and conduct, with support from City staff,two(2)presentations to
the Park and Recreation Advisory Board to obtain an endorsement of the Policy.
4. Consultant shall facilitate and conduct,with support from City staff, one (1)presentation of
the updated Policy to the Development Advisory Committee.
5. Consultant shall facilitate and conduct, with support from City staff,two(2)presentations to
the City Plan Commission to obtain an endorsement of the Policy.
6. Consultant shall attend and support City staff in one(1)presentation to the City Council to
obtain final approval of the Policy.
7. Final Deliverables: The Consultant shall provide the Director with ten(10)hard copies and
an editable digital copy of the final Policy on a flash drive with no encryption,to include,
without limitation, an editable electronic copy of the final executive summary in a
PowerPoint presentation summarizing the updated process, improvements and final endorsed
version of the 2016 Policy.Additionally, upon conclusion of the update to the Policy,
Consultant shall deliver to the Director all supporting documents and information that are in
any way related to the Services, including, but not limited to,benchmark research,
documentation obtained, created, completed or partially completed reports, studies,
databases, forecasts, maps,charts or plans that were associated with the updating of this
Policy.
E. Proposed Timeline
1. The preliminary schedule for completing the Services is set forth below. Consultant shall
meet all deadlines as provided herein unless otherwise agreed by the parties, in writing,
which may be done administratively.
i. Week of May 30, 2016: 1st Focus Group meeting— Introductions, update process and
timeline, define the role of the Focus Group.
ii. Week of June 13, 2016: Meetings with the Greater Fort Worth Builders Association
and Greater Fort Worth Association of Realtors to receive input about updating the
Policy.
iv. June 22, 2016: Presentation during the Park and Recreation Advisory Board's work
session to provide an update on the process and timeline for the Policy..
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V. Week of July 25, 2016: 2nd Focus Group meeting—Presentation to the Focus Group
to report benchmarking findings, receive input, and get direction for the first draft of
the Policy.
vi. Week of Aug. 29,2016: 3rd Focus Group meeting—Present draft Policy updates.
vii. September 19,2016: Presentation of the recommended draft Policy to the
Development Advisory Committee.
viii. October 26,2016: Presentation of the Policy to the Park and Recreation Advisory
Board as an information item.
ix. November 16 ,2016: Consideration of the Policy by the Park and Recreation Advisory
Board.
X. November 18, 2016: Presentation of the Policy to the Plan Commission at its work
session
xi. December 16, 2017: Consideration of the Policy by the Plan Commission.
xii. January 2017: Mayor and Council Communication deadline for the January 31,2017
City Council meeting
xiii. January 2017: Consideration of the Policy by the Fort Worth City Council.
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EXHIBIT B
PAYMENT SCHEDULE
1. Total Compensation. Total compensation under this Agreement shall not exceed One Hundred
Twelve Thousand Dollars and No Cents ($112,000.00) for all Services performed under this
Agreement to include the total of the Consultant's fixed fee and all reimbursable expenses.
a. Fee. As full and complete compensation for all Services described herein, Consultant
shall be paid a fee of up to One Hundred Four Thousand Five Hundred Dollars and No
Cents ($104,500.00), exclusive of reimbursable expenses. The City shall pay the
Consultant in the following installments set forth below:
i. Nineteen Thousand One Hundred Fifty Dollars and No Cents ($19,150.00)
within thirty(3 0) calendar days after the Consultant conducts and completes the
data collection and provides the deliverables to the Director as set forth in
Section II.A.4 of Exhibit A of this Agreement.
ii. Thirty-Two Thousand Five Hundred Sixty Dollars and No Cents ($32,560.00)
within thirty (30) calendar days after the Consultant conducts and completes the
Services set forth in Section II.B of Exhibit A of this Agreement, including the
benchmark analysis and submission of the required deliverables to the Director.
iii. Twenty-Eight Thousand Five Hundred Forty Dollars and No Cents($28,540.00)
within thirty(30) calendar days after the Consultant conducts and completes the
Services set forth in Section II.0 of Exhibit A of this Agreement, including the
policy recommendations and the submission of the required deliverable to the
Director.
iv. Twenty-Four Thousand Two Hundred Fifty Dollars and No Cents ($24,250.00)
within thirty(30) calendar days after the Consultant conducts and completes the
Services set forth in Section II.D of Exhibit A of this Agreement, including the
final policy and presentations and the submission of the required deliverables to
the Director.
b. Reimbursable Expenses. In addition to any fee herein, City shall reimburse Consultant
for certain reasonable and necessary expenses, including reproduction costs, computer
plotting, printing, mounting, travel mileage and tolls, copies, photography, meals,
couriers and deliveries, and the like, in an amount not to exceed Seven Thousand Five
Hundred Dollars and No Cents ($7,500.00). Incurred reimbursable expenses will be
paid concurrently with any invoice submitted for the performance of Services.
2. Following completion of each of the listed milestones set forth above, the Consultant shall
provide the City with a signed fee invoice summarizing (i) the portion of the Services that has
been completed and (ii) the Reimbursable Expenses that have been incurred and requesting
payment. In submitting invoices, Consultant shall provide copies of receipts for all
Reimbursable Expenses. If the City requires additional reasonable information, it shall request
the same promptly after receiving the above information and the Consultant shall provide such
additional reasonable information to the extent the same is available. Invoices shall be
submitted to the City of Fort Worth, attention Joel McElhany, 4200 South Freeway, Fort Worth,
Texas 76115.
3. On full and final completion of the Services, the Consultant shall submit a final invoice, and
City shall pay any balance due within 30 calendar days of receipt of such invoice.
4. In the event of a disputed or contested billing, only the portion being contested will be withheld
from payment, and the undisputed portion will be paid. City will exercise reasonableness in
contesting any bill or portion thereof. No interest will accrue on any contested portion of the
billing until the contest has been mutually resolved.
Dunaway Associates,L.P.
Professional Services Agreement—General
Page 15 of 16 Rev. 12/2015
5. For contested billings,the City shall make payment in full to Consultant within 60 calendar days
of the date the contested matter is resolved.
Dunaway Associates,L.P.
Professional Services Agreement—General
Page 16 of 16 Rev. 12/2015
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL:ACTION: Approved on 5/10/2016
DATE: Tuesday, May 10, 2016 REFERENCE NO.: **C-27713
LOG NAME: 80NCPDP CONSULTANT CONTRACT WITH DUNAWAY
SUBJECT:
Authorize Execution of a Professional Services Agreement with Dunaway Associates, L.P., in an Amount
Not to Exceed $112,000.00 for the Review and Update of the Neighborhood and Community Park
Dedication Policy, as Amended (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Professional Services Agreement
with Dunaway Associates, L.P., in an amount not to exceed $112,000.00 from previously appropriated
programmable funds for the review and update of the Neighborhood and Community Park Dedication
Policy, as amended.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a
Professional Services Agreement with Dunaway Associates, L.P., (Dunaway) for the review and update of
the Neighborhood and Community Park Dedication Policy, as amended, (Policy) to determine the
effectiveness of the Policy in meeting the park and recreation needs of the citizens of Fort Worth.
The Neighborhood and Community Park Dedication Policy originated in 1977 and is part of the City's
Subdivision Ordinance. Since then, the Policy has been revised several times to strategically enhance the
City's ability to meet the recreational and open space needs of a growing population without hindering
development and re-development initiatives. The purpose of the Policy is to insure that adequate
recreational areas in the form of neighborhood and community based parks are provided to meet the need
created by residential development.
The purpose of this Professional Services Agreement is to conduct a review of the City's current Policy,
provide analysis of the history of the application of said Policy, to identify issues, if any, and develop
recommendations for potential solutions for consideration by the City Council.
Dunaway will be engaged to carry out the following scope of services: data collection, benchmark
analysis, development of policy recommendations, obtain public input through focus group meetings and
to draft, compile and deliver an updated Policy.
Funding for this Professional Services Agreement will be provided through the Park Dedication Fees funds
as previously appropriated on April 19, 2016 (M&C G-18721) in the Park and Recreation Department's
Capital Improvement Plans for Fiscal Years 2016-2020.
MIWBE OFFICE -Dunaway Associates, L.P., is in compliance with the City's BDE Ordinance by
committing to 13 percent SBE participation on this project. The City's SBE goal on this project is 13
percent.
Logname: 80NCPDP CONSULTANT CONTRACT WITH DUNAWAY Page I of 2
It is anticipated that the Policy update process will begin in May 2016 and conclude by January 2017.
This program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, funds will be available
in the current capital budget, as appropriated, of the Park Dedication Fees Fund.
FUND IDENTIFIERS (FIDs):
TO --
Fund t
Departmenccoun Project Program tivity Budget Reference # �Amoun
ID ID Year (Chartfield 2)
FROM
Fund Department rAccount l Project ProgramActivity Budget Reference # Amount
_ ID ID _ Year (Chartfield 2)
30110 0800450 5330500_ 100318 — 006910 J ----------$112,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. FWNCPDP - Dunaway- Form 1295 Certificate.pdf (Public)
2. SAM Dunaway Associates LP.pdf (CFW Internal)
3. SBE Compliance Memo.pdf (CFW Internal)
Logname: 80NCPDP CONSULTANT CONTRACT WITH DUNAWAY Page 2 of 2
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-29399
Dunaway Associates, LP
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/22/2016
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
P002473.001
Provide research, obtain stakeholder input and create an update to the existing neighborhood and community park dedication
policy for the City of Fort Worth Park and Recreation Department.
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Eubanks, Ross Austin,TX United States X
Williamson,Jason Fort Worth,TX United States X
Wilde, Chris Fort Worth,TX United States X
Galbreath, Tom Fort Worth, TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Not"y POW.
Stale of usas
Expires:10.03.7011
t/
o
Signa f aut orize agent of contras ng business entity
AFFIX NOTARY STAMP/SEAL ABOVE
0
Sworn/to and subscribed before me,by the said Lw � �N'A this the 11day of
umo
20 I f to certify which,witness my hand and seal of oke.
QL�4 &Ijp( r; dE- s
Signature of icer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312