HomeMy WebLinkAboutContract 47706-A1 CITY SECRETARY
CONTRACT NO. L r A I
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 47706,
AN AGREEMENT WITH EMD CONSULTING GROUP,LLC
THIS FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 47706
("First Amendment") is made and entered into by and between the City of Fort Worth, Texas, a home-
rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized
Assistant City Manager, and EMD Consulting Group, LLC ("Consultant"), a Missouri limited liability
company,acting by and through its duly authorized representative.
WHEREAS, on April 15, 2016, the City and Consultant entered into a Professional Services
Agreement for a strategic planning study for the Fort Worth Botanic Garden, the same being Fort Worth
City Secretary Contract Number 47706 ("Agreement');
WHEREAS, the parties desire to increase the scope of Services under this Agreement to include
the following: (1) a fourth trip to Fort Worth to lead facilitation with the two Botanic Garden support
groups and the City to develop a final revised organizational structure, facilitate an additional public
meeting, and present the Study to the Park and Recreation Advisory Board and (2) a fifth trip to Fort
Worth to confer further with the Department staff on the Study, prepare summaries and a presentation for
the City Council,and present the Study to the City Council; and
WHEREAS, Consultant requires additional compensation in the amount of$10,245.00 for the
increased scope of services,for a total contractual amount of$108,170.00;
WHEREAS, it is the desire of City and Consultant to amend the Agreement to increase the scope
of services and the compensation associated therewith;and
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein,the City and the Consultant do mutually covenant and agree to amend the Contract as follows:
I.
Section 3, "Compensation", is hereby amended to increase total compensation under this
Agreement from$97,925.00 to $108,170.00, and read as follows:
"The City shall pay Consultant an amount not to exceed 108,170.00, as set forth in
Exhibit B, which is attached hereto and incorporated herein for all purposes, and in
accordance with the provisions of this Agreement. Consultant shall not perform any
additional services for the City not specified in this Agreement unless the City first
approves such expenses in writing. City agrees to pay all invoices of Consultant within
thirty (30) days of receipt of such invoice. Consultant may charge interest on late
payments not to exceed one percent(1%)."
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OFFICIAL
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0FFICIAL RECORD
First Amendment to CSC 47706 CITY SECRETARY a ry I of 5
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II.
Section 1, "Scope of Services", is hereby amended in full to add the additional scope of services
through the attachment labeled as Exhibit A-1. Exhibit A, which contains the original scope of Services,
is attached to the original Agreement and remains in full force and effect. Section 1,"Scope of Services",
is hereby amended in full to read as follows:
"Consultant hereby agrees, with good faith and due diligence, to provide the City with
professional consulting services for a strategic planning study for the Fort Worth Botanic
Garden ("Garden"), which will include the preparation of baseline information for the
Garden's current operations and benchmark with comparable institutions, an
organizational analysis of strengths and challenges, reconsideration the Garden's mission,
creation of a unified vision in cooperation with support groups, setting of goals and
development of objectives and timelines for achieving them, and a financial analysis.
Specifically,Consultant will perform all duties outlined and described in the Statement of
Work, which is attached to the Agreement as Exhibit "A" and to this First Amendment
as Exhibit "A-Vand 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, Exhibit A, and Exhibit A-1,
the terms and conditions of this Agreement shall control."
III.
All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
IV.
Funds previously paid to the Consultant prior to this First Amendment shall apply toward the
total compensation paid to the Consultant.
V.
All terms in this First Amendment that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in multiples in
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Fort Worth,Tarrant County,Texas on Z� of L�P��t 116.
CITY OF FORT WORTH: EMD CO LTING GROUP,Ile:
By: By:
Su n Al is Richard Daley
Ass'stant "ity Manager Member
First Amendment to CSC 47706 2 of 5
AT OF FOR],
at J. Kayser 2
City Secretary '
'0�k.. ..
APPROVED AS TO FORM AND LEGALIT
AS
Tyler a rach
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: C-27658
Date Approved: Match 29, 2016
Form 1295 Certification No. 2016-27619
First Amendment to CSC 47706 3 of 5
EXHIBIT A-1
ADDITIONAL SERVICES
The Services to be provided by the Consultant shall include the following: (1) a fourth trip to Fort Worth
to lead facilitation with the two Botanic Garden support groups and the City to develop a final revised
organizational structure, facilitate an additional public meeting, and present the Study to the Park and
Recreation Advisory Board and (2) a fifth trip to Fort Worth to confer further with Department staff and
management on the Study, prepare summaries and a presentation for the City Council, and present the
Study to the City Council.
First Amendment to CSC 47706 4 of 5
EXHIBIT B
PAYMENT SCHEDULE
1. Total Compensation. Total compensation under this Agreement shall not exceed One Hundred
Eight Thousand, One Hundred Seventy Dollars and No Cents ($108,170.00) 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 Ninety-Two Thousand Fifty Dollars and No Cents
($92,050.00), exclusive of travel expenses. The City shall pay the Consultant in the
following installments set forth below:
i. Twenty-One Thousand Twelve Dollars and 50/100 ($21,012.50) within thirty
(30) calendar days after the Consultant conducts and completes the first
workshop and submits the initial draft Study.
ii. Twenty-One Thousand Twelve Dollars and 50/100 ($21,012.50) within thirty
(30) calendar days after the Consultant conducts and completes the second
workshop.
iii. Twenty-One Thousand Twelve Dollars and 50/100 ($21,012.50) within thirty
(30) calendar days after the Consultant conducts and completes the final
workshop.
iv. Twelve Thousand Six Hundred Seven Dollars and 50/100 ($12,607.50) within
thirty(30)calendar days after the Consultant submits the final draft Study.
v. Eight Thousand Four Hundred Five Dollars and No cents ($8,405.00) within
thirty (30) calendar days after the Fort Worth City Council approves the final
Study.
vi. Eight Thousand Dollars and No Cents ($8,000.00) within thirty (30) calendar
days after the execution of this First Amendment, which shall serve as full and
final payment for the additional Services set forth in Exhibit A-1.
b. Reimbursable Expenses. In addition to any fee herein, City shall reimburse Consultant
for reasonable and necessary travel expenses in an amount not to exceed Sixteen
Thousand One Hundred Twenty Dollars and No Cents ($16,120.00). 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 Bob Byers, 3220 Botanic Garden Boulevard, Fort Worth,
Texas 76107.
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.
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.
First Amendment to CSC 47706 5 of 5
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CIT
/4 FORT FORTH
COUNCIL ACTION: Approved on 3/29/2016 - Ordinance No. 22142-03-2016 &22143-03-2016
DATE: 3/29/2016 REFERENCE C-27658 LOG NAME: 80BOTANICGARDSTRATPLAN
NO.:
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Acceptance of Donations from the Fort Worth Botanical Society, Inc., in the
Amount of$33,000.00 and Fort Worth Garden Club in the Amount$33,000.00 to Help
Fund a Strategic Planning Study for the Botanic Garden, Authorize Execution of a
Professional Services Contract with EMD Consulting Group, LLC, in the Amount of
$97,925.00 for a Strategic Planning Study for the Botanic Garden and Adopt
Appropriation Ordinances (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of a donation in the amount of$33,000.00 from the Fort Worth Botanical
Society, Inc., to help fund a Strategic Planning Study for the Fort Worth Botanic Garden;
2. Authorize the acceptance of a donation in the amount of$33,000.00 from the Fort Worth Garden Club to
help fund a Strategic Planning Study for the Fort Worth Botanic Garden;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Botanic Garden Strategic Plan Project of the Special Donations Capital Projects Fund in the amount of
$66,000.00;
4. Adopt the attached appropriation ordinance increasing appropriations in the amount of$31,925.00 in the
Botanic Garden Strategic Plan Project of the Park and Recreation Improvements Fund to fund a Strategic
Planning Study for the Fort Worth Botanic Garden and decreasing fund balance in the Unspecified Center
of the fund by the same amount; and
5. Authorize the execution of a Professional Services Contract with EMD Consulting Group, LLC, in the
amount of$97,925.00 for a Strategic Planning Study for the Fort Worth Botanic Garden.
DISCUSSION:
On November 23, 2015, a request for proposals was released for Professional Planning Services for a
Strategic Planning Study for the Botanic Garden (Garden). This study will prepare baseline information for
the Garden's current operations and benchmark with comparable institutions, conduct an organizational
analysis of strengths and challenges, reconsider the Garden's mission, create a unified vision in
cooperation with support groups, set goals and develop objectives and timelines for achieving them and
provide a financial analysis.
Issues to be examined during this review include, but are not limited to, organization and operations in
comparison with high-performing comparable institutions with particular focus on internal governance and
staffing effectiveness, current and new revenue sources and expenses, financial stability for maintenance
and growth and concrete steps for implementing the 2010 Master Plan.
This solicitation was open from November 23, 2015 to December 21, 2015 as Bid Request 201501 BG. It
was advertised from November 27, 2015 to December 11, 2015 in addition to posting on the City's website
from November 23, 2015 to December 21, 2015. Four qualified proposals were accepted, in order of
receipt, from:
EMD Consulting Group, LLC, St. Louis, MO
Gallagher Consulting Services
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21996&councildate=3/29/2016 12/28/2016
M&C Review Page 2 of 3
Lord Cultural Services, New York, NY
Oasis Design, Baltimore, MD
Each of the firms submitting was ranked based on experience, quality of required work samples submitted,
proposed timeline and availability, references, M/WBE compliance and cost. EMD Consulting Group was
determined to offer the best value based on its very broad experience working with strategic planning and
benchmarking with botanical gardens and excellent reputation within the industry.
EMD Consulting Group is in compliance with the City's BIDE Ordinance by documenting good faith
effort. The City's MBE (AA) goal on this project is 10 percent.
Project Funding:
Source Amount
Donation Funds 11 $66,000.00
Capital Project Funds $31,925.00
TOTAL $97,925.00
The total cost associated with this project is expected to be:
Item Cost
Professional Services $84,050.00
Travel,Misc. Expenses $13,875.00
TOTAL $97,925.00
The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7, but serves all Fort Worth
residents.
FISCAL INFORMATION/CERTIFICATION:
The approval of this action provides purchasing authority in the amount up to $97,925.00, as specified. The
Director of Finance certifies that, upon approval of this appropriation ordinance, funds are available in the
current operating budget, of the Special Donations Fund and that prior to an expenditure being made, the
Park and Recreation Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
1-3 30105 0800450 4640001 100259 $66,000.00
3) 30105 0800450 5330500 100259 $66,000.00
39302 0800450 4623001 UNSPEC UN9200 $31,925.00
5) 39302 0800450 1 5330500 100259 004920 $31,925.00
5) 39302 0800450 4623001 100259 004920 $31,925.00
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
5 30105 0800450 5330500 100259 $66,000.00
5 39302 0800450 5330500 100259 004920 $31,925.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21996&councildate=3/29/2016 12/28/2016
M&C Review Page 3 of 3
1295 Form- EMD TX Ethics updatedl66.pdf
80BOTANICGARDSTRATPLAN3AO.docx
80BOTANICGARDSTRATPLAN4AO.docx
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21996&councildate=3/29/2016 12/28/2016
CERTIFICATE OF INTERESTED PARTIES
FARM 1Z9'J
l of l
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 entlty's place Certificate Number:
of business. 12016-27619
EMD Consulting Group,LLC
Hendersonville,NC United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is03/1712016
being filed.
City of Fort Worth ]Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the comract,and provide a
description of the goods or services to be provided under the contract.
201501BG
Strategic Planning
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling intermediary
Siano, Frank St.Louis,MO United States X
James,Braun St.Louis,MO United States X
Dollar,Gary St.Louis, MO United States X
MCAVoy, Kari St. Louis, MO United States X
Rich,Patricia St. Louis, MO United States X
Daley,Richard Hendersonville,NC United States X
5 Check only If there is No Interested Party. El
6 AFFIDAVIT y� !� D�S r��!'f I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
w Uy —Z�'�a
Signature of authorized agynt of contracting business entity
AFFIX NOTARE
rt�rifliittiF\�� r _J
Sworn to and subscribed before me,by the said r rC�y+G t �l�l this the day of ✓ a�L ,
20, ,to certify which,witness my hand and seal of office.
iJo > w r
Sign&e
of officer aaministerjKg oath Printed n of officer administerin oath Tide of officer admini eying oath
Forms provided by Texas Ethics Commission www.ethies.state.tx.us Version V1.0.312