HomeMy WebLinkAboutContract 48669 CITY SECKE u�QV
CONTRACT WO. 0
PROFESSIONAL SERVICES AGREEMENT
TIP Strategies,Inc.
This PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and entered into by
and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by
and through Jay Chapa, its duly authorized Assistant City Manager, and TIP Strategies, Inc. ("Vendor"), a
Texas Corporation, and acting by and through Tom Stellman, its duly authorized President & CEO, each
individually referred to as a"party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Professional Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A, B and C,which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. SCOPE OF SERVICES.
Consultant hereby agrees to help expand upon the City Council's strategic goals and especially the
goals to strengthen the economic base, develop future workforce and create quality job opportunities. The
City's Economic Development Department, in partnership with the identified stakeholders is seeking to
develop a strategic economic development plan for the City, which coordinates, as appropriate, with
adopted local, regional economic development plans. Exhibit"A," - Scope of Services more specifically
describes the services to be provided hereunder.
2. TERM.
4,65
This Agreement shall begin on January 25, 201 ('Effective Date") and shall expire on January
24,2018("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term").
City shall have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions,for up to two(2) one-year renewal options, at City's sole discretion.
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit"B,"—Price
Schedule. Total payment made under this Agreement for the first year by City shall be in the amount of
Three Hundred Twenty-Three Thousand, Nine Hundred and Thirty Dollars ($323,930.00). Vendor
shall 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 shall
not be liable for any additional expenses of Vendor not specified by this Agreement unless City fust
approves such expenses in writing.
OFFICIAL RECORD
Professional Services Agreement CITY SECRETARY Page 1 of 17
FT.WORTH,TX
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall 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 shall 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 shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access, modify, delete or otherwise conupt City Information in
any way. Vendor shall 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 shall,in good faith,use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall, until the expiration of three(3) years after final payment under this
contract, or the final conclusion of any audit commenced during the said three years,have access to and the
right to examine at reasonable times any directly pertinent books,documents,papers and records,including,
but not limited to, all electronic records, of Vendor involving transactions relating to this Contract at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
Professional Services Agreement Page 2 of 17
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent contractor as to
all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor 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, consultants and
subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way
be considered a Co-employer or a Joint employer of Vendor or any officers,agents,servants,employees or
subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of
Vendor shall be entitled to any employment benefits from City. Vendor-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 subVendor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTSANDAGREES
TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCL UDING DEATH, TO ANYAND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR,ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall 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 shall 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 shall 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 shall have the sole right to conduct the defense of any such claim or action and all
Professional Services Agreement Page 3 of 17
negotiations for its settlement or compromise and to settle or compromise any such claim; however,
Vendor shall 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 shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,
Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to
continue to use the software and/or documentation;or(b)modify the software and/or documentation
to make it non-infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and/or
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and/or documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid
to Vendor by City, subsequent to which termination City may seek any and all remedies available to
City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Vendor shall 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 shall execute a written agreement with City and Vendor under which the assignee agrees to be
bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly
liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written
agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the
duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor
shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Vendor shall provide City with certificate(s) of insurance documenting policies of the following
minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this
Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single litnit basis
Professional Services Agreement Page 4 of 17
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of the providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits
Employer's liability
$100,000 - Each accident/occurrence
$100,000- Disease -per each employee
$500,000 - Disease -policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas workers' Compensation Act (Art.
8308— 1.0 et seq.Tex. Rev. Civ. Stat.)and minimum policy limits for Employers'
Liability of-
$100,000-
f:$100,000- each accident/occurrence, $500,000 bodily injury disease policy
limit
$100,000 - per disease per employee
(d) Professional Liability(Errors & Omissions)
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall 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 shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name 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.
(b) The workers' compensation policy shall 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 shall be provided to 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
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of Fort Worth,200 Texas Street,Fort Worth, Texas 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas.All insurers must have a minimum rating of A-VII in the current
A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules
or regulations,Vendor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as
part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder,it 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 VENDOR, ITS PERSONAL
REPRESENTATIVES,ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST, VENDOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2)delivered by facsimile with electronic confirmation of the transmission, or(3)received
by the other party by United States Mail,registered,return receipt requested, addressed as follows:
To CITY: To VENDOR:
City of Fort Worth TIP Strategies, Inc.
Attn: Jay Chapa,Assistant City Manager Tom Stellman, President&CEO
200 Texas Street 2905 San Gabriel Street, Suite 205
Fort Worth, TX 76102-6314 Austin, TX 78705
Facsimile: (817) 392-8654 Facsimile: (512) 343-9113
Professional Services Agreement Page 6 of 17
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor 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. Notwithstanding the foregoing, this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Vendor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall 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 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 pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Not
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 MAJEURE.
City and Vendor 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, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
Professional Services Agreement Page 7 of 17
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B, and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Vendor warrants that its set-vices will be of a professional 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 shall either
(a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the
warranty, or(b)refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify
the identity and employment eligibility of all employees who perform work under this Agreement. Vendor
shall complete the Employment Eligibility Verification Form(1-9),maintain photocopies of all supporting
employment eligibility and identity documentation for all employees, and upon request,provide City with
copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work
under this Agreement. Vendor shall establish appropriate procedures and controls so that no set vices will
be performed by any employee who is not legally eligible to perform such services. Vendor shall provide
City with a certification letter that it has complied with the verification requirements required by this
Agreement.Vendor shall indemnify City from any penalties or liabilities due to violations of this provision.
City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor.
Professional Services Agreement Page 8 of 17
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further, City shall 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 shall 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 shall be considered a "work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,
and all copies thereof, and in and to the copyright,patent,trademark, trade secret, and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of Vendor whose name, title and signature is affixed on
the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is (ally
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records.The president of Vendor or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9, documents filed with the state
indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
day of ,20 .
(Signature page follows)
Professional Services Agreement Page 9 of 17
ACCEPTED AND AGREED:
CITY OF FORT WORTH: VENDOR:
TIP Strategies,Inc.
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By: By: le--�
Name: Jay Chapa Name: Tom Ste%-nan
Assistant City Manager Title: President& CEO
Date: Date:
APPROVAL RECOMMENDED:
ATTEST:
By: - 4
Name: kobec-t By:
Title: Direv�y—
Title:
ATTEST:
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By
-Vity Secretary
CONTRACT COMPLIANCE MANAGER: ......
By signing 1 acknowledge that I am the person
responsible for the monitoring and administration of
this contract,including ensuring all performance and
reporting requirements.
By:
Name: Tven( O�OL,
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Title:
APPROVED AS TO FORM AND LEGALITY:
By:
6ZNkme:
Assistant City Altorne'y
CONTRACT AUTHORIZATION:
M&C:
Professional Services Agreement UFFMIAL KCUUrG.� Page 10 of 17
CITY SECRETARY
FT.WORTH,TX
EXHIBIT A
SCOPE OF SERVICES
GOALS
1. Improve the economic vitality and attractiveness of the City, as well as strengthen its status in
the North Texas region and as one of America's most livable cities.
2. Support efforts to build a stronger economic base for the City and improve its
competitiveness regionally, nationally and internationally.
3. Build on the city's strong advanced manufacturing, energy,health care, transportation &
logistics, information technology,professional services, hospitality, regional &global
headquarters and aerospace&aviation industries.
4. Identify new business opportunities; and cultivate new business sectors or clusters.
5. Determine appropriate opportunities for the City to assist with workforce development that
meets the needs of the business community.
6. Promote an economic environment and development patterns that will help to attract highly
skilled and highly educated professionals to the City, especially young professionals.
7. Align efforts to support and leverage the anticipated impact of major infrastructure projects
within the City(i.e. Trinity River Vision, TEX Rail, High Speed Rail, etc.).
8. Support efforts to attract new investment to the City and to maximize the impact of such
investment on the City fiscally, economically, and strategically.
9. Evaluate the City's entrepreneurial ecosystem and provide recommendations on how the City
may improve upon these efforts.
10. Enhance efforts to support women and minority owned business enterprises.
11. Develop a formal strategy,metrics and tools related to measuring the success of economic
development efforts.
SCOPE OF SERVICES
The Economics Strategies Plan is intended to define,identify and revise specific strategies, actions and
programs for the City and partner organizations to address the desires of the City Council and achieve the
following goals and objectives. The Consultant shall:
1. Create anew Economic Development Strategic Plan for the City based on current
conditions, other local and regional economic development strategies, and plans.
a. Help facilitate the development of strategic plans for partner economic
development organizations, as appropriate.
Professional Services Agreement—Exhibit A Page 11 of 17
2. Look at current organizational structure and partnerships related to economic
development and provide recommendations to enhance both customer set-vice and
effectiveness, as well as how such relationships can be leveraged to advance economic
development goals.
3. Support the continued implementation of the Fort Worth Comprehensive Plan.
4. Define metrics to track the impact of the plan and projects in relation to key business
Sectors.
5. Provide a fair, expedient, effective customer service driven process,which will aid and
assist business interactions with the City.
6. Identify appropriate benchmark communities among comparably sized cities throughout
the United States.
7. Identify a collection of peer cities located outside of the United States that might serve as
international benchmarks, case studies or potential trading partners.
8. Promote sustainable economic development and job growth by supporting the retention
and expansion of existing businesses and enhancing the marketability of the available
usable space for commercial, mixed-used and industrial development.
9. Identify opportunities to expand the City's global presence and impact, and identify
opportunities to enhance the City's appeal to and readiness for foreign investment to
become a premier destination for international corporations and professional talent.
10. Explore opportunities to enhance the City's efforts associated with sustainability and the
development of a green economy approach.
11. Support entrepreneurial initiatives through strategic alliances and public-private
partnerships,both within the City and regionally.
a. Identify opportunities to enhance and strengthen the role of the Business
Assistance Center in the entrepreneurial ecosystem within the City.
b. Identify opportunities to further support minority-, small-and women-owned
business enterprises(M/S/WBEs).
12. Identify local economic metrics that enhance the understanding of current economic
conditions within the City that would be used for promoting Fort Worth and possibly
published on economic development related websites and/or reproduced in marketing
materials.
a. Compile reliable, comprehensive data that can be quickly provided to corporate
relocation professionals.
Professional Services Agreement—Exhibit A Page 12 of 17
b. Identify key real estate metrics that can aid in evaluating and demonstrating the
attractiveness of real estate development opportunities within the City and its
districts.
13. Increase development inside Fort Worth's central city by identifying ways to provide a
local advantage through incentives for business expansion and attraction.
14. Identify projects for future bond issuances that support economic development efforts.
15. Better understand the positioning of the City within the region, state and nation as well as
the City's relationship to other North Texas cities.
16. Identify opportunities to enhance or amplify the brand and recognizability of Fort Worth
nationally and internationally.
17. Assist in evaluating and demonstrating the role, effectiveness and general impact of the
City's economic development activities in the strengthening of the local economy,
including those activities conducted in partnership with outside organizations.
18. Consider opportunities to improve the City's attractiveness to or competitiveness
within highly innovative and high-growth industries and to support a culture of
innovation and entrepreneurship.
The scope of work for the initiative consists of the following:
1. Coni nunity and Regional Assessment—This qualitative and quantitative assessment shall
include key demographic, socioeconomic, labor and workforce, educational and
employment development, and financial trends and forecasts. Fort Worth's national and
regional competitive outlook and standing should be assessed and the impact of the
aforementioned trends and forecasts on Fort Worth's future economic composition and
competitiveness should be detailed. Conduct an asset mapping of the City,noting also any
key assets found elsewhere in the North Texas Region,and identify key institutions or
endowments lending Fort Worth a current or potential competitive advantage versus peer
communities within the region and United States.
2. Target Industry Analysis—Provide a current industry snapshot for Fort Worth,the Fort
Worth-Arlington Metropolitan Division, and Dallas—Fort Worth-Arlington Metropolitan
Statistical Area. Identify key industries and the market locations that should be targeted in
the US or globally. Within target industries identified, further identify any key industry
segments or niches on which Fort Worth should place particular emphasis and prioritize in
its economic development efforts. Identify key existing or potential channels for interstate
and international trade involving Fort Worth and key industries identified,and evaluate
notable supply chain gaps within those industries that stand either as sources of weakness or
opportunity for Fort Worth industry. Identify development opportunities and strategies to
establish Fort Worth as a leading destination for corporate relocations and expansions for
target industries identified.
3. Benchmarking Analysis—Analyze local/national/international economic development
programs that serve comparably sized communities. This should identify"Best in Class"or
"Best Practices"economic development plans and programs throughout the globe and
highlight key opportunities for Fort Worth to adopt or adapt precedent in its efforts to
Professional Services Agreement—Exhibit A Page 13 of 17
become more competitive and effective in its economic development activities.The
Benchmarking Analysis should include an evaluation of the full site selection process as
practiced in Fort Worth versus successful practices found in peer cormnunities or regions
with which Fort Worth competes.
4. Organizational Analysis—Analyze current operations,specific to economic development
efforts,within the City including but not limited to organizational structure,department and
organizational capabilities, staffing, etc., as well as evaluate board and staff
recommendations on how to improve the operations and impact of the full inter-
organizational team responsible for economic development in Fort Worth. Identify possible
funding sources for use in enhancing economic development competitiveness or for
addressing any deficiencies identified in the economic development ecosystem's capacity to
support meaningful economic development. The analysis should considerthe role and
shared responsibilities of partner organizations in Fort Worth's broader economic
development efforts.
5. Regional Labor Study—Analyze relevant characteristics of the regional workforce and
evaluate the availability of required training and education program so as to inform
decisions about future investments. The analysis should include a comprehensive overview
of the local labor market,with comparisons to the state and US, as well as benchmark
communities. Incorporating the target industry analysis, the report should provide a
detailed look at the region's occupational structure and how these skills align with the
target industries. In addition to the report,deliverables should include area profiles
highlighting major employers, labor force characteristics, and labor availability and costs;
as well as industry profiles that highlight the region's workforce assets related to each
target industry. These will include major employers, employment trends,staffing patterns
and labor force characteristics,relevant training in the region, and key assets.
6. Implementation Plan—Develop an implementation plan that incorporates all elements into
an operational economic development program, including an effective and efficient
organizational model. Recommend immediate course of action to implement plan and set
out first-year strategy by quarter, and a second—4 year plan implementation strategy.
Provide short-term and long term goals and achievable milestones to facilitate program
creation and to coincide with implementation plan. Provide budget estimates and
implementation schedule for program.Provide key metrics to measure program success.
Conduct a summary evaluation of the City's progress in the execution of the
implementation plan 12— 18 months following its delivery.
Professional Services Agreement—Exhibit A Page 14 of 17
EXHIBIT B
PRICE SCHEDULE
PROJECT BUDGET
The fee for completion of this work is $323,930, inclusive of all expenses. Expenses are subject to
approval and include data purchases and travel and lodging associated with conducting this work. The
breakdown of hours and fees by task is an estimate and is intended to reflect anticipated level of
effort. Adjustments may be made between phases to reflect changing priorities and assignments over
the course of the engagement.
Principal/Lead Consultant.............$225
Consultant/Project Manager..........$175
Analyst/Technician.......................$125
Administrative.................................$55
BUDGET DETAIL
Number of Hours by Position Total
Phase Project Project
Lead mgn Analyst A olmin. Hours Fees
Discovery 120 340 240 80 780 $120,900
Opportunity 140 260 140 80 620 $98,900
Implementation 120 240 100 80 540 $85,900
Total Hours 380 840 480 240 1940 $305,700
Estimated Expenses
Travel(assumes multiple trips from Austin,Seattle,and Portland)* Per Unit Cost Total
Airfare $195 to$375 $4,562
Parking $20 $720
Car rental $75 $1,425
Meals&incidentals $75 $2,700
Lodging $150 $7,800
Mileage $0.540 $923
Suhtotal travel expenses $18,130
Other Expenses(e.g.,custom data purchases,graphics/images) $100
Total Estimated Expenses $18,230
*The number of trips would be discussed as part of the development ofet project workplan.
Professional Services Agreement—Exhibit B Page 15 of 17
EXHIBIT B
PRICE SCHEDULE
$45,855.00 (15%of project cost)-due upon execution of agreement
$37,120.70 February Invoice
$37,120.70 March Invoice
$37,120.70 April Invoice
$37,120.70 May Invoice
$37,120.70 ,June Invoice
$37,120.70 July Invoice
$37,120.80 Final Invoice sent until final report is delivered and approved.
$305,700.00 Total project fee
$15,230.00 Total estimated expenses forth s project
"Expenses will be billed at the end of the month incurred*"
Professional Services Agreement—Exhibit A Page 16 of 17
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
TIP STRATEGIES,INC.
2905 SAN GABRIEL STREET, SUITE 205
AUSTIN,TEXAS 78705
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor.
1. Name: Tom Stellman
Positionresident/CEO
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name-
Signature
ameJSignature of Presi ent/CEO
Other Title:
Date:
ZL�j
Professional Services Agreement—Exhibit C Page 17 of 17
CERTIFICATE OF INTERESTED PARTIES FORM 1295
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. 2017-151336
TIP Strategies, Inc.
Austin,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 01/06/2017
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 pr vide a
description of the services,goods,or other property to be provided under the contract.
17-0003
Economic development services
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Marcell, Jeffrey Austin,TX United States X X
Roberts, Jon Austin,TX United States X X
Steliman, Tom Austin,TX United States X
5 Check only if there is NO Interested Party. ❑
��rnnurwi
6 AFFIDAVIT\\�����PN�,J..CA� ��i��� 1 swear,or affirm,under penalty of perjury,that the above disclosure is true and correct,
9TF
OF t'<- '
FxPiRay
Signature of orized agent of contracting business entity
AFFIX \8OVE
RV WITHOUT 0 sr i
Sworn to and subscribed before me,by the said �or1M������V���f��� this the )�_day of
20 ,to certify which,witness my hand and seal of office.
A
C,�- IKLVWvlt I �GrIV�I vOo�
Signature of officer 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 V1.0.2,
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
OR� TII
CITY COUNCILAGENDA
COUNCIL ACTION: Approved on 1/24/2017
REFERENCE13P17-0003 ECDEV
DATE: 1/24/2017 NO.: **P-1 1994 LOG NAME: STRATEGIC PLAN MJ
ECDEV
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Professional Services Contract with TIP Strategies, Inc., for the
Development of a Strategic Economic Development Plan in the Total Amount Up to
$350,000.00 for the Economic Development Department (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a professional services contract with TIP
Strategies, Inc., to develop a strategic economic development plan in the total amount up to $350,000.00
for the Economic Development Department.
DISCUSSION:
The Economic Development Department will use this contract to expand upon the City Council's strategic
goals and especially the goal to "strengthen the economic base, develop future workforce, and create
quality job opportunities". The Economic Development Department, in partnership with identified
stakeholders, is seeking to develop an Economic Development Strategic Plan for the City, which
coordinates, as appropriate, with adopted local, regional (and sub-regional) economic development plans.
The plans must have clear lines of responsibility, defined and expected outcomes and the ability to
measure progress and update the plan as situations evolve.
On September 20, 2016, City Council adopted Ordinance Nos. 22433-09-2016 and 22434-09-2016 (M&C
G-18828) in order to reallocate the available budget for various City projects,including $350,000.00 for the
Economic Development Strategic Plan.
PROPOSAL ADVERTISEMENT-The Request for Proposals (RFP)was advertised in the Fort Worth Star-
Telegram on Wednesdays between October 12, 2016 and November 2, 2016. Seventy-three vendors were
solicited from the purchasing database system, twelve responses were received. The proposals were
reviewed by an evaluation committee consisting of Staff from Planning and Development, Legal,
Neighborhood Services and Economic Development Departments. The evaluation factors included:
methodology and technical proposal, qualifications, experience and references, project schedule/timing
adherence to the terms and conditions of contract as well as financial stability and ability to obtain
insurance and bonding. The proposal from TIP Strategies, Inc.,was found to present the best value to the
City.
M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because
the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
CONTRACT TERM - Upon City Council's approval, the Contract will begin January 25, 2017 and expire on
January 24, 2018.
RENEWAL OPTIONS -This Contract may be renewed for up to two successive one-year terms at the City's
option. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by the
City Manager in the amount up to$100,000.00 with out specific City Council approval as long as sufficient
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24276&councildate=1/24/2017 2/9/2017
M&C Review Page 2 of 2
funds have been appropriated.
FISCAL INFORMATION/CERTIFICATION:
The approval of this action provides purchasing authority up to $350,000.00, as specified. The Director of
Finance certifies that funds are available in the current General Capital Projects budget, as appropriated.
Prior to an expenditure being made, the Economic Development Department has the responsibility to
validate the availability of funds.
BQN\17-0003\MJ
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I Year (Chartfield 2
Submitted for City Manager's Office by: Jesus Chapa (5804)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Jack Dale (8357)
Marilyn Jackson (2059)
ATTACHMENTS
Form 1295.pd
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24276&councildate=1/24/2017 2/9/2017