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HomeMy WebLinkAboutContract 39453 (3)CITY SECRETARY 39453 CONTRACT NO e AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into by and between THE CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and BUXTON COMPANY ("Consultant"), a Texas corporation, acting by and through its duly authorized Chief Financial Officer. 1. Services. a) Consultant covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, identification and analysis of customer market segmentation in the City's library service areas and preparation of a report recommending optimum sites and services based on this analysis as more fully described in the Scope of Work, which is attached hereto as Exhibit "A" and incorporated herein for all purposes as though it were set forth at length. The actions and objectives contained in Exhibit "A" are referred to herein as the "Services." b) Consultant shall perform the Services in accordance with standards in the industry for the same or similar services. in addition, Contractor shall perform the Services in accordance with all applicable federal, state, and local laws, rules, and regulations. 2. Term. Services shall be provided by Consultant for a term beginning October 13, 2009 and ending March 12, 2010, unless terminated earlier in accordance with Section 4 of this Agreement. 3. Comnensation. a) b) Fee As full and complete compensation for all Services described above, Consultant shall be paid a flat fee of $138,000.00. Structure of Payments OFFH3114.� �n�D Professional Services Agreement with Buxton Company Page 1 of 15 i. The Consultant's fee will be divided into three payments corresponding to certain project milestones as follows: Execution of Contract $69,000.00 Delivery %J CustomerID Profile $34,000.00 Delivery of Final Report $36,000.00 ii. Following completion of each of the listed milestones, the Consultant shall provide the City with a signed fee invoice summarizing the portion of the Services that has been completed and requesting payment. 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 Deborah Duke, 500 W. 3rd Street, Fort Worth, Texas 76102. Invoices are due and payable within 30 days of receipt. ii. On full and final completion of the Services, the Consultant shall submit a final invoice, and City shall pay any balance due within 30 days of receipt of such invoice. iii. 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. iv. For contested billings, the City shall make payment in full to Consultant within 60 days of the date the contested matter is resolved. If City fails to make such payment, Consultant may, after giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including interest calculated from the date the billing contest was resolved. In the event of suspension of services, Consultant shall have no liability to City Professional Services Agreement with Buxton Company Page 2 of 15 for delays or damages caused to City because of such suspension of services. 4. Termination. Either Party may terminate this Agreement at any time, with or without cause, by providing the other Party with thirty (30) days' written notice of termination. In the event this Agreement is terminated prior to expiration of the Term, City shall pay Consultant only for Services actually rendered as of the effective date of termination. 5. Independent Contractor. Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, and subcontractors. The doctrine of respondeat superior shall not apply as between the City and Consultant, its officers, agents, servants, employees, or subcontractors. Nothing herein shall be construed as creating a partnership or joint enterprise between City and Consultant. It is expressly understood and agreed that no officer, agent, servants, employee, or subcontractor of Consultant is in the paid service of City. 6. Liability and Indemnification. CONSULTANT AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) CONSULTANT'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACTOR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS. Professional Services Agreement with Buxton Company Page 3 of 15 Consultant shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. 7. Confidential and Proprietary 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, servants, employees, and subcontractors, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. Notwithstanding the foregoing, Consultant understands and agrees that the City is a public entity under the laws of the State of Texas, and as such, is subject to various public information laws and regulations, including, but not limited to, the Texas Public Information Act, Chapter 552 of the Texas Government Code (the "Act"). Consultant acknowledges that, under the Act, the following information is subject to disclosure: 1) all documents and data held by the City, including information obtained from the Consultant, and 2) information held by the Consultant for or on behalf of City that relates to the transaction of City's business and to which City has a right of access. If the City receives a request for any documents that may reveal any of Consultant's proprietary information under the Act, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify Consultant prior to disclosure of such documents. The City shall not be liable or responsible in any way for the disclosure of information not clearly marked as "Proprietary / Confidential Information" or if disclosure is required by the Act or any other applicable law or court order. In the event there is a request for such information, it will be the responsibility of Consultant to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient Professional Services Agreement with Buxton Company Page 4 of 15 will not be decided by the City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. g. Insurance. During the term of this Agreement, Consultant shall procure and maintain at all times, in full force and effect, a policy or policies of insurance that provide the specific coverage set forth in this Section as well as any and all other public risks related to Consultant's performance of its obligations under this Agreement. Consultant shall specifically obtain the following types of insurance at the following limits: ® Commercial General Liability: $1,000,000 per occurrence; providing blanket contractual liability insurance products and completed operations; independent contractor's liability; and coverage for property damage to City facilities; and ® Errors &Omissions (Professional Liability): If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. Coverage shall be in the following amounts: (1) $15000,000 per occurrence or claim (2) $1,000,000 aggregate ® Worker's Comnensation/Employer Liability: (1) $1009000 Each accident/occurrence (2) $100,000 Disease -per each employee (3) $500,000 Disease -policy limit Professional Services Agreement with Buxton Company Page 5 of 15 Consultant shall promptly provide the City with certificates of insurance that verify Consultant's compliance with the insurance requirements of this Agreement. The City's Risk Manager shall have the right to review and evaluate Consultant's insurance coverage and to make reasonable requests or revisions pertaining to the types and limits of that coverage. Consultant shall comply with such requests or revisions as a condition precedent to the effectiveness of this Agreement. 9. Assignment. Consultant may subcontract with Open Channels Group, LLC ("Permitted Subcontractor) to assist with fulfillment of Consultant's duties under this Agreement, however, Consultant shall retain ultimate responsibility for ensuring that all duties are fulfilled and all obligations met. With the exception of engaging the services of the above -named Permitted Subcontractor, Consultant shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment of subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. If City grants consent to an 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. Compliance with Law. Consultant, its officers, agents, servants, employees, and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Consultant any such violation on the part of Consultant or any of its officers, agents, servants, employees, or subcontractors, then Consultant shall immediately desist from and correct such violation. Professional Services Agreement with Buxton Company Page 6 of 15 11. Non -Discrimination. In the execution, performance, or attempted performance of this Agreement, Consultant will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color, national origin, or sexual orientation, nor will Consultant permit its ocers, agents, servants, employees, or subcontractors to engage i Cffin such discrimination. This Agreement is made and entered into with reference specifically to Chapter 179 Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Consultant hereby covenants and agrees that Consultant, its officers, agents, employees, and subcontractors have fully complied with all provisions of same and that no employee or employee -applicant has been discriminated against by either Consultant, its officers, agents, employees, or subcontractors. 12. 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 any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions 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 workspace in order to conduct audits in compliance with the provisions of this section. City shall give subcontractor reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. Professional Services Agreement with Buxton Company Page 7 of 15 13. Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, 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 City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 14. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. 15. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other Party shown below: Charles W. Daniels, Assistant City Manager City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 (817)392-6183 David B. Glover, CFO Buxton Company 2651 South Polaris Drive Fort Worth, Texas 76137 (817) 332-3681 16. Non -Waiver. The failure of either Party to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or Consultant's right to assert or rely on any such term or right on any future occasion. 17. 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 provision of the Services. In the event that any conflicts of interest arise after the execution of this Agreement, Consultant hereby agrees to make full disclosure to the City in writing immediately upon learning of such conflict. 18. Minority and Woman Business Enterprise Participation. In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises Professional Services Agreement with Buxton Company Page 8 of 15 and woman business enterprises ("M/WBE") in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 19. Governmental Powers. Both Parties agree and understand that the City does not waive or surrender any of its governmental powers by execution of this Agreement. Me 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. 21. Force Ma.ieure. If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 22. 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. 23. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. Professional Services Agreement with Buxton Company Page 9 of 15 24. Entire Agreement. This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the Parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. EXECUTED in multiple originals on this, the D� day of uV , 2009. CITY OF FORT WORTH, TEXAS Assistant City Manager Date Signed: ATTEST: Marty He rix City Secretary APPROVED AS TO FORM LEGALITY: Denis C. Assistant M&C C-23850 David B. Glover Chief Financial Offic r f / zbe tjo c, Date Signed: f1 e> 0 0 ✓ / I S: Ccr.t���act �tzthcriz�i~iosa 1Sate Professional Services Agreement with Buxton Company Page 10 of 15 exhibit A Scope of Work ®verview Consultant will identify and analyze customer market segmentation in the City's library service areas and prepare a report recommending optimum sites and services based on this analysis. The analysis and report will: ® Identify market segment profiles that describe the library's average customers, high use customers, potential customers, and unlikely customers. ® Document interests and preferred library services of the various market segments in the City. ® Identify library services that would appeal to existing and potential customers in each neighborhood. ® Map these data down to the household level. ® Guide site selection and facility design for future libraries, including the testing of alternative facility models such as co -locations (co -tenancy) and "on demand" services. ® Enable generation of future mailing lists for targeted marketing. Data Collection Consultant's existing demographic and psychographic databases will be used together with data received from the City's library to determine Drive - Time Trade Areas and to build a Customer Profile and a Predictive Customer Model. Upon execution of the contract, Consultant will provide a data acquisition packet for library to use in gathering and supplying data. This packet will detail the data needed from the library. Consultant will also conduct a data acquisition call with library personnel, walking them through how to collect and transfer data to Consultant. This call will be followed with subsequent calls to verify data and to ensure that all data is correct. Analysis Drive -Time Trade Area Analysis The Drive -Time Trade Area identifies how far (in minutes) customers are willing to drive to get to a library location. Drive -Time Trade Areas will be determined separately for each of the City's existing library locations to see if there are any differences by location. The Drive -Time Trade Area will be used to: Professional Services Agreement with Buxton Company Page 11 of 15 ■ Identify the area where customers live ■ Determine where advertising may be most effective ■ Guard against cannibalization /branch trade area overlap Drive -time methodologies incorporate speed limits, road classcation, length of road, time of Jay, and other factors to determine the amount of time a customer is willing to spend driving to a location. Street networks around each customer are generated, and drive times are attached to each segment of road. All customers who reside beyond a threshold drive time will be excluded to eliminate the influence of "outliers." Drive times will be presented in a manner that allows them to be examined by population density to determine if significant differences exist between classifications of customers. This analysis will be used to determine how far library customers are willing to drive in order to develop real estate and marketing strategies as part of the comprehensive plan for libraries. CustomerlD Profile Customer profiling determines who the library's customers are by using psychographic lifestyle segmentation. Consultant will utilize the addresses, phone numbers, and other contact information of the library's actual customers to geo-code and append segmentation codes. Consultant will then identify which segments are most important to the library and should be considered "core customers." Once Consultant knows which segments are the library's best customers, Consultant will identify similar customers in any geography. Using the data for library's core customers, Consultant will determine common lifestyle characteristics, purchasing behaviors, media habits, and demographic characteristics. Consultant will compare the Fort Worth Library Customer ID Profile to the profiles of every household within each branch's Drive -Time Trade Area and prioritize segments as being either primary, secondary, tertiary, or non -core customer. CustomerlD Predictive Customer Model CustomerlD Models approximate future performance based on existing location customer history. Consultant will use this modeling activity to identify, measure, and quantify the appropriate variables that best predict performance in order to evaluate existing location performance and provide forecasts for potential locations. The Customer ID Model will be use in performing the following activities. ■ Specific Site Performance Evaluations ■ Market Optimization Studies ■ Marketing ■ Merchandising of Library Services Professional Services Agreement with Buxton Company Page 12 of 15 Each CustomerlD Model will return a specific forecast of potential for every qualifying location and service type to be put -in that location. This analysis will provide. ■ Segmentation profile with media analysis ■ Drive time gravity models ■ Cannibalization analysis ■ Competition analysis ■ Co -tenant analysis ■ Site score sheet development Once the Predictive Customer Model is completed, it will be used to answer the following questions in the development of the Library's long-term strategic plan: ■ Is the Branch Network currently merchandised with the right services for each specific trade area's needs and wants? This inquiry will be answered in the "Existing Branch Network Service Category Optimization." In this analysis, Consultant will apply the Customer Profiles by Service Category to each of the branches to see if each branch is optimized with the right Service Categories. ■ What would be the optimal Branch Network? How many additional locations should there be and where? Also, if some branches are not located in the best possible locations, where should they be relocated to best serve that trade area or district? These questions will be addressed in both a Fill In and White Paper study. The Fill -In study will assume leaving existing locations in place and address possible additional locations. The White Paper study will ignore the existing locations and optimize the market as if it were new to the library concept. The goal of these studies will be to use the Predictive Customer model to determine the best possible new locations to optimize the library's presence within Fort Worth. The studies will include scoring for each location being considered in order to identify the best combination of locations. Description of Approach to Providing Deliverables Consultant will provide the following reports and services: ■ Detailed market segmentation/psychographic profiles report, by branch and overall library service area, that: Describes lifestyle/hobbies/interests of existing library customers, down to household level with names and addresses, Professional Services Agreement with Buxton Company Page 13 of 15 Identifies the services and resources existing customers use most and additional services and resources they would be likely to use, Delineates each branch's optimal service or "trade" area based on drive -time analysis of existing customers, Utilizes maps showing existing library users (including both average customers and high -use customers), potential users (those who are not current users but who match typical "high -use" customer profiles), and unlikely users, by market segment down to household level, Recommends optimum sites for new and/or relocated facilities based on existing and potential customer profiles and drive -time analysis, Recommends types of library services to offer at each facility, Analyzes and recommends for facility sites and services as if the Fort Worth Library were developing a branch network from scratch (White Paper), and Includes options for developing and updating mailing lists for targeted marketing to existing and potential users. ■ Reports, psychographic analysis, and maps available to library staff online on a secure, password -protected site using standard, commonly available software. ■ Option and price to update these reports and analyses quarterly for first year and three (3) additional years, ■ Bi-weekly communications with the library's designated project manager throughout the duration of the project regarding progress and findings by means of e- mail, minutes, and/or briefings, ■ Assistance with the preparation of briefing materials and presentations of such to the City Manager staff, City Council, and employee meetings as requested, ■ , In -person presentation of findings to City Council, ■ Five (5) hard copies of the Executive Summary with supporting data, ■ Library ownership of databases created for the Library (these databases are those which will be created from Library provided data for our analysis). All reports and maps will be provided in electronic format and hard copies. Electronic format data shall provide the following functionality: Professional Services Agreement with Buxton Company Page 14 of 15 ■ Search Engine that allows existing and potential locations to be viewed by type and other user -defined criteria. ■ Mapping Tool that allows data to be viewed at any geographic level with filters that include existing locations, core customers, retail centers, traffic counts, and other user -defined point or region data. ■ File Depository that allows user to store and archive virtually any document or report related to any respective existing or potential site, including aerials, lease documents, financial reports, and property management documents. ■ Site Scenario Management that allows a user to view the findings of the City's White Paper and Fill4n market studies as well as the Existing Branch Network Service Category Optimization and lifestyle reports by location. ■ Mapping Tool that analyzes actual and potential customer scenarios using user - specified times and locations to produce maps showing actual and potential customers. Consultant shall provide access for at least fifteen (15) users. Professional Services Agreement with Buxton Company Page 15 of 15 M&C Review Page I of 2 C?fficaal site of Che City of Fi>il 'Jdza�"tla, Texas r COUNCIL ACTION: Approved on 10/13/2009 -Ord. No. 18870-10-2009 & 18871-10-2009 REFERENCE 84COMPREHENSIVE PLAN DATE: 10/13/2009 NO : C-23850 LOG NAME: CUSTOMER ANALYTICS STUDY CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Professional Services Agreement with Buxton Company in the Amount of $138,000.00, to be Paid for Using $112,840.00 from Special Trust and Gifts Funds and $25,160.00 from General Fund, to Conduct a Customer Analysis Study for the Library Department in Conjunction with its Comprehensive Plan; Authorize the Transfer of $56,240.00 from the Special Gifts Fund and $56,420.00 from the Special Trust Fund to the General Fund and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Gifts Fund by $56,420.00 from available funds; 2. Authorize the transfer of $56,420.00 from the Special Gifts Fund and $56,420.00 from the Special Trust Fund to the General Fund; 3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the General Fund by $112,840.00 from available funds; 4. Authorize the City Manager to execute a professional services agreement with Buxton Company in the amount of $138,000.00 to conduct a customer analytics study for the Library Department in conjunction with its Comprehensive Plan. DISCUSSION: On June 23, 2009, the City Manager presented Informal Report #9072 to the City Council outlining the Library's intent to update the Fort Worth Public Library 1981 - 2000 Facilities and Long Range Planning Study and its 2003 Long Range Services, Plan. As part of this 2009 Comprehensive Plan, the Library desires to develop cost-efficient models that focus services and facilities effectively and prepare the Library for future growth. This customer analytics study will: Identify market segment profiles that describe the Library's customers, potential customers and unlikely customers; Document the interests and preferred library services of the various market segments in Fort Worth; Delineate branches' service areas through drive -time analysis; Map customer analytic data by neighborhood branch service areas; Identify library services that would appeal to existing and potential customers in each neighborhood; Guide site selection, facility design, and service models for future facilities; Apply recommendations from the master facilities study to determine the viability of alternative library service models such as co -locations, kiosks and "On Demand" facilities that focus on most -requested services; Enable generation of targeted mailing lists to market library services. The Library also plans to employ a professional library facilities consultant to conduct a master facilities study. Buxton Company will work with the facilities consultant to help the Library develop a comprehensive http://apps.cfwnet.org/council�acicet/mc_review.asp?ID=12514&councildate=l0/13/2009 10/23/2009 M&C Review Page 2 of 2 plan for library services and facilities. Buxton Company was selected due to its expertise in customer analytics and market segmentation analysis and the depth of data it can provide. Staff considers the fee of $138,000.00 to be fair and reasonable for the scope of services provided. This study is funded with $56,420.00 from the Gray Trust as appropriated in the Fiscal Year 2010 Budget Ordinance and $56,420.00 from Gifts and Donations, which includes $25,000.00 from the Friends of the Fort Worth Public Library, Inc. The remaining $25,160.00 will come from the Library's Fiscal Year 2010 General Fund budget. As part of the Library's Comprehensive Plan, this customer analytics study will benefit all COUNCIL DISTRICTS, M/WBE: Buxton Company is in compliance with the City's M/WBE Ordinance by committing to 14 percent M/WBE participation and documenting good faith effort. All subcontracting opportunities will be performed by the M/WBE sub -consultant. However, the remainder of the work is specialized and will be performed by Buxton Company. The City's goal on this project is 20 percent. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinances, funds will be available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers 1)FE88 488652 013841006.000 1)_FE88_ 538070 0138410.06000 2)_3)__GG01. 472088 084.1000 2) 3) GG01472072 0841000 3) GG01 539120_0841000 $56,420.00 �)56,420.00 $56 420.00 56 420, 00 $1125840,00 Submitted for City Manager's Office bv: Originating Department Head: Additional InformationContact: FROM Fund/Account/Centers GG01 539120 0841000 2)FE88 538070 013841006000 2)FE72 538070 084503000000 Charles Daniels (6183) Gleniece Robinson (7706) Deborah Duke (7725) ATTACHMENTS 84COMPREHENSIVE PLAN CUSTOMER ANALYTICS STUDY REC1.doc 84COMPREHENSIVE PLAN CUSTOMER ANALYTICS STUDY REC3.doc $138 ,000.00 $56,420.00 56 420.00 http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12514&councildate=l0/13/2009 10/23/2009